HomeMy WebLinkAbout05102018 ZPC Agenda Item 4 Fence-like Hedges
Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or
authorized by city ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances;
provisions in PDD schedules for front fences). Also in the Code of Ordinances, there are: (i)
requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences,
certain "fence-like hedges" and other things in visibility areas (Chapter 82). In a QMDS low
fences (3.5 feet or lower)may be located anywhere, if made of ornamental metal or pickets.
Note 8.2. Fence-like hedges. Fence-like hedges within the front yard (setback)of a building site
containing no principal building are prohibited. This provision applies to all adjacent side yard
building sites and rear through building sites. Visibility triangles and visibility areas, as defined
by this ordinance, are subject to further restrictions as contained in Chapter 82 of the Code of
Ordinances.
Fence-like hedge means an arrangement of vegetation or foliage having the characteristics of a fence and
growing higher than 36 inches above standard base level.
JOHNSON
PETROV LLP
ATTORNEYS AT LAW
March 2, 2016
Ms. Debbie Scarcella,City Planner
City of West University Place
3800 University Boulevard
West University Place,Texas 77005
Re: Definition of Fence-like Hedge
City of West University Place(the "City")Zoning Ordinances
Dear Ms. Scarcella:
You have requested an interpretation of the definition of"Fence-like Hedge" as defined
in Appendix A---Zoning Ordinance of the City of West University Place Code of Ordinances
(the "Zoning Ordinance"). The definition contained in Section 2-102 of the Zoning Ordinance
is as follows:
Fence-like hedife means an arrangement of vegetation or foliage having the
characteristics of a fence and growing higher than 36 inches above standard base
level.
You have requested that this interpretation focus primarily on of the meaning of"fence-
like"or "having the characteristics of a fence." In statutory interpretation, undefined terms are
given their ordinary meaning unless a different or more precise definition is apparent from the
term's use in the statute's context. According to Merriam-Wehster's on-line dictionary, the
common meaning offence is:
a structure like a wall built outdoors usually of wood or metal that separates two
areas or prevents people or animals from entering or leaving.
Black's Law Dictionary(5th Ed.)defines a fence as:
a hedge, structure, or partition, erected for the purpose of inclosing a piece of
land, or to divide a piece of land into distinct portions, or to separate two
contiguous estates. An enclosure about a field or other space,or about any object;
especially an enclosing structure of wood, iron or other materials intended to
prevent intrusion from without or straying from within.
Based on the common and legal definitions of fence, the characteristics of a fence
include: any type of barrier that (i) separates one piece of land from another; or (ii) blocks free
passage. A review of the various proposed iterations of the definition indicate that by "fence-
like" the drafters of the definition intended to prohibit vegetation that falls into the second
category- that which blocks free passage, and not that which merely serves as boundary marker
2929 Allen Parkway I Suite 3150 I Houston,TX 77019 Office. (713)489-8977
www JohnsonPetrov corn Fax (713)358-3530
Ms. Debbie Scarcella
March 2, 2016
Page 2 of 2
separating distinct parcels of land (so long as it is kept below 36" in height or has open,
unobstructed spaces that allow for free passage).
In addition to being included in the Zoning Ordinance, the term "fence-like hedge" is
included in Section 82-7 which prohibits obstructions in visibility areas. From this context, as
well as the draft versions of the definition, it is apparent that the drafters were concerned with
vegetation that formed a visual barrier.
Accordingly, our interpretation of the teen "fence-like hedge" includes any plants or
groupings of different types of plants, other than trees,' including their branches/leaves that
extend from ground level to over 36" in height and are organized in such a manner that they
touch or overlap to form a contiguous visual or physical barrier that prevents free passage.
If you have any further questions or comments,please contact me.
Sincerely,
�-z - _ _
Alan P. Petrov
City Attorney
Trees are not considered as part of the arrangement of vegetation in determining the existence of a
fence-like hedge. This interpretation is consistent with City Code of Ordinances(the"City Code"),which
addresses trees independently of other plants and vegetation,as demonstrated in Chapter 82-Urban Forest
Preservation and Enhancement. A tree is defined as woody plant having one well-defined stem or trunk,
a defined crown and a mature height of at least eight feet. City Code § 82-2. Additionally, there is a
qualified tree classification list in the Tree Criteria Manual,which is authorized by Section 82 of the City
Code.
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