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HomeMy WebLinkAboutORD 2053 Amending Chapter 18 of the Code re FencesCity of West University Place Hams County, Texas ORDINANCE NO. 2053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 18, BUILDINGS AND DEVELOPMENT, ARTICLE VII, FENCES, SECTION 18 -200, MAXIMUM HEIGHT LIMITS, OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, RELATING TO BOTTOM BARRIER REQUIREMENTS AND THE METHOD OF MEASURING FENCE HEIGHT AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Chapter 18, Buildings and Development, Article VII, Fences, Section 18 -200, Maximum height limits, of the Code of Ordinances of the City of West University Place, Texas is amended relating to bottom barrier requirements and the method of measuring fence height to read as set out in Appendix A, attached hereto. All other portions of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This Ordinance takes effect immediately upon its passage and adoption on second reading. 100194772.docx ) PASSED, APPROVED AND ADOPTED ON FIRST READING on the 14th day of May 2018. PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, 2151 day of May 2018. uty Secretary Recommended: Approved as to legal form: City Manager City (001 94772.docx ) 2 d & .�� �_ Mayor — City of West University Place Harris County, Texas Appendix A (Amended Section 18 -200) Sec. 18 -200. - Maximum height limits and bottom barriers. (a) Eight foot limit. No fence higher than eight feet may be constructed, improved or structurally altered on any private property. (b) Six-foot limit. No fence higher than six feet may be constructed: (1) Closer than six feet from a wall of an existing principal building used as a single - family residence on any adjacent building site, if the proximity of the fence to the building would significantly and adversely affect the beneficial circulation of air around or through the building or the beneficial exposure of the building to direct or reflected sunlight. To make these determinations, the building official shall take into account the type and design of the fence and the following (if existing or proposed in the immediate vicinity of the fence): trees, other plants and other buildings and structures. (2) Between buildings on separate building sites where the eaves are less than two feet apart. (c) Height measurement. Fence height shall be measured along eae-h the fence line on e with the lowest gFade leve ] of the property address for which the fence permit was issued. If the f nee is within dwee feet of a prepeFty line the , djaee-.t grade level of the adjacent prepeFty is used to Fa a the height e f the f nee if the ..dj eent e<vae level :.. 1......... than the grade level e f the property where the f nee is lee,.ted (d) Gate height. A gate may be no taller than may a fence at the same location, except that a gate which is not more than 40 percent opaque may extend to a height not greater than 12 inches above the maximum height of a fence at the same location. (e) Bottom barrier. Fences shall be constructed with a pressure treated rot board with a minimum nominal size of 2 by 10 inches or other appropriate barrier approved by the Buildine Official at the base of the fence. (Addition shown by underline; deletion shown by strike -out) t00194772.docx }