HomeMy WebLinkAbout11072024 BSC Agenda Item 4 BUILDING
SHARED
FENCE
AGREEMENT
LETTER
PART II-CODE OF ORDINANCES
Chapter 18-BUILDINGS AND DEVELOPMENT
ARTICLE VII.FENCES
ARTICLE VII. FENCES
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 the fence line-)of the property address for which
the fence permit was issued.
(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 two by ten inches or other appropriate barrier approved by the building official at the base of the fence.
(Code 2003,§6.581;Ord.No.2053,§1,5-21-2018)
Ord.No.2053,§1,adopted May 21,2018,amended§18-200 to read as set out herein.Previously§18-200 was
titled"Maximum height limits."
Sec.18-201.Property lines.
It shall be the responsibility of any person who constructs a fence,or causes it to be constructed,to locate
the fence within the property lines.A boundary fence shall be constructed immediately along the property line or
as close as practicable to the property line.Common fences may be constructed along the property line,if the
written consent of the owners of both properties is submitted.
(Code 2003,§6.582)
Sec.18-202.Prohibition in front or side.
(a) Prohibition.No fence may be constructed,improved or structurally altered on the front yard(setback)of any
building site.Exceptions:this restriction does not apply to low retaining walls,institutional security fences,
fences owned by any governmental entity or fences or walls specifically required or allowed to be located in
the front yard(setback)of a building site by this Code or the zoning ordinance.
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(1) Reserved.
(2) Low retaining wall means a wall designed and used to hold earth or similar material in place,no part of
which extends higher than the highest naturally occurring part of the ground in the front portion of the
building site and no part of which is located outside of the building site.
(3) Institutional security fence means a fence which meets all of the following criteria:
a. The fence is located on a building site where there is a building or group of buildings specially
constructed and used as an actual place of religious worship(including schools,parking lots,
parsonages and other accessory buildings);
b. The fence is located along or generally parallel to a major thoroughfare,and only along side
streets to the extent necessary to connect the main portion of the fence to side fences,rear
fences or buildings;and
c. The fence is no more than 50 percent opaque.
(4) Major thoroughfare means Kirby Drive,Bissonnet Street or Bellaire(West Holcombe)Boulevard.
(b) Rotated corner lots.This subsection only applies to a corner lot carved out of a larger corner site originally
established by the first plat or map of the subdivision in question,where the front street line of the corner
lot is on a different street from the street where the larger corner site had its front street line.On such a
corner lot,no fence may be constructed,improved or structurally altered along the side street line of the
corner lot(this would have been the front street line of the original larger corner site)unless the fence is set
back from the side street by at least one of the following two distances:
(1) A distance equal to the depth of the front setback area of any adjacent building site which has a front
setback area abutting the side street;or
(2) A distance equal to the depth of the side setback area of the corner lot,measured from the side street.
If the BSC is requested to issue a variance to permit a fence on the corner lot closer to the side street
than prescribed above,and if a petition signed by 20 percent or more of the persons owning property
along the side street within 200 feet of the rear lot line of the corner lot(and on the same side of the
side street)is presented to the BSC before it acts on the request,the requested variances shall not take
effect unless approved by all members of the BSC qualified and serving.Under no circumstances,with
or without a variance,is a fence allowed within five feet of the side street line.
(c) Street visibility at a major thoroughfare.This subsection only applies to a corner lot adjacent to a major
thoroughfare or roadway marked for four lanes or more.Any fence constructed,improved or structurally
altered on any such lot shall require prior approval from the building official and/or a traffic study submitted
by a licensed traffic engineer.Visibility will be determined in accordance with the guidelines of the American
Association of State Highway Transportation Officials(AASHTO).The standard is a 15-foot curb setback from
the major thoroughfare for the assumed eye of the approaching driver.The building official may reduce this
setback to a minimum of ten feet if there is a natural obstruction.
(Code 2003,§6.583;Ord.No.1979,§1(Exh.A),5-20-2013;Ord.No.2001,§1(App.A),2-9-2015)
Sec. 18-203.Distance from property line;common fences.
Refer to Section 18-201 ' [Formatted:Indent:First line: 0"
both.. ..L.....itted
(Code 2003,§6.581}
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Sec.18-204.Easements.
No brick,masonry or similar type of fence may be constructed,improved or structurally altered if it would
interfere with the installation and maintenance of utility lines in any easement reserved therefor.
(Code 2003,§6.585)
Sec.18-205.Removal of debris.
It shall be the responsibility of each person who constructs or reconstructs a fence,or causes it to be done,
to clean up and remove from the premises all debris,dirt,scrap and broken pieces of concrete caused by the
construction of the fence.
(Code 2003,§6.586)
Sec.18-206.Nonconforming fences.
In cases where an existing fence erected contrary to the provisions of this Code is to be removed,improved
or structurally altered,each new fence must conform to this Code.
(Code 2003,§6.587)
Sec.18-207.Facing of fences.
All fences abutting on a street area shall be constructed so that all supporting members,including posts and
horizontal runners,shall not face the street.This provision shall apply to such portions of a fence that face the
street on which the lot faces as well as a side street.
(Code 2003,§6.588)
Sec.18-208.Emergency portals;visibility areas.
(a) Generally;location.The primary purpose of this subsection is to provide access to all sides of each building
located on a single-family residential site,so that firefighters and emergency personnel can enter the
building,place ladders,fight fires,etc.If such access is blocked by fences,walls or other obstructions,there
must be at least two emergency portals,each with a minimum width of 30 inches,and they must be located
to allow access to the sides and rear of the building,as follows:
(1) Usually there must be one portal on each side of the building facing the front street line,but on corner
sites,one may face the side street line.
(2) If there is a fully or partially-enclosed utility easement that intersects a street area adjacent to the site,
there must be an emergency portal to allow emergency access to the easement area from the street
area.
(b) Allowed types of portals.An emergency portal may be either:(i)a gate or door with a key box complying
with the International Fire Code(see 506.1),or(ii)a breachable fence segment or gate.A segment or gate is
"breachable"if it is primarily made of wood or wood substitute(not thicker than one inch,in either case)or
wrought iron.
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(c) Certain existing obstructions.Until December 1,2014,it is an affirmative defense to prosecution for lack of
emergency portals that:(i)existing fences,walls or other obstructions blocked the required access on
December 1,2009,and(ii)they were not replaced or structurally altered thereafter.
(d) Visibility areas.Fences,walls and other things are forbidden in certain visibility areas.See chapter 82 of this
Code.
(Code 2003,§6.589;Ord.No.1925,§1(ex.A),8-9-2010)
Editor's note(s)—Ord.No.1925,§1(ex.A),adopted Aug.9,2010,changed the title of§18-208 from"fence gate"
to"emergency portals;visibility areas."See also the Code Comparative Table.
Sec.18-209.Electricity,barbed wire prohibited.
It shall be unlawful for any person owning or controlling any property in the city to construct,maintain or
permit to remain on such property any fence:
(1) Charged with electricity;or
(2) Containing any barbed wire,concertina wire or other sharpened or barbed projections.
Where chainlink fence is used,no twisting or barbing of wire is permitted at the top salvage.All wire on the top
salvage shall be knuckled.
(Code 2003,§6.590)
Sec.18-210.Masonry construction.
Masonry fences must be made of brick,concrete masonry units,vitrified clay tile,concrete tile,or monolithic
reinforced concrete.In addition,the fence and fence foundation must be approved by the city's urban forester for
compliance with the tree preservation and protection regulations.
(1) The masonry fence must be designed by a structural engineer,listed with the Texas State Board of
Professional Engineers,as required in appendix C of the Code of Ordinances.The engineered design
must be for the foundation and the fence wall and meet the windstorm requirements of the current
adopted building code.
(2) Emergency portals may be required;see Sec.18-208.
(Code 2003,§6.591;Ord.No.1925,§1(ex.A),8-9-2010;Ord.No.2000,§1(App.A),2-9-2015)
Sec.18-211.Fences on vacant lots.
Any fence construction or reconstruction on a site on which no building is located shall be constructed to
comply with all of the setback requirements which apply to the location of a residence on such site.No building
permit shall be issued for construction of improvements on a vacant lot,if there is a fence which does not meet all
requirements of this Code.
(Code 2003,§6.592)
Sec.18-212.Maintenance.
Any person owning or controlling a fence shall maintain it in good repair so as not to endanger any person or
property.
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(Code 2003,§6.593)
Secs.18-213-18-232.Reserved.
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REVISED FORM
PROJECT INFORMATION
ADDRESS
City of
West University SHARED FENCE PERMISSION
Place
Public Works Department Shared
Community Development By signing below you agree to grant permission to have the
shared fence located/replaced on the shared property line that
complies with all City of West University Place ordinances.
BUILDING-SHARED FENCE
NORTH PROPERTY OWNER
REGULATED BY CHAPTER 18, ARTICLE VII
OF THE CITY OF WEST UNIVERSITY PLACE
CODE OF ORDINANCES OWNER/AUTHORIZED AGENT SIGNATURE DATE
NOTES
PRINT NAME
•Chapter 18,Article VII copies are available online or upon
General Rules & Procedures EAST PROPERTY OWNER
1. It is the responsibility of the property owner to insure all fences
installed on his property are in accordance with city ordinances.
2. Fences are not allowed past the front building setback line.
3. Fences placed on common property lines require an owner's OWNER/AUTHORIZED AGENT SIGNATURE DATE
written agreement with the signatures of both parties.
4.The city is not responsible for, nor does the city inspect fence
locations with respect to proximity to adjoining property lines. PRINT NAME
5.A final inspection is required after fence installation.
Sec. 18-200. Maximum Height Limits SOUTH PROPERTY OWNER
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 OWNER/AUTHORIZED AGENT SIGNATURE DATE
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 exposure of the building to direct or
reflected sunlight.To make this determinations,the Building PRINT NAME
Official may take into account the type and design of the fence
and the following(f if existing or proposed in the immediate vicinity
of the fence):trees,other plants and other buildings and
structures. WEST PROPERTY OWNER
2.Between buildings on separate building sites where the eaves are
less than two feet apart.
Sec. 18-201. Property Lines
OWNER/AUTHORIZED AGENT SIGNATURE DATE
It shall be the responsibility of any person who constructs a fence,or causes
it to be constructed,to locate the fence within the property lines. A boundary
fence shall be constructed immediately along the property line or as close as
practicable to the property line.Common fences may be constructed along PRINT NAME
the property line,if the written consent of the owners of both properties is
submitted.
Sec. 18-202. Prohibition in Front or Side REQUESTER
a.Prohibition.No fence may be constructed,improved or REQUESTER SIGNATURE DATE
structurally altered on the front yard(setback)of any building site.
Exceptions:this restriction does not apply to low retaining walls,institutional
security fences,fences owned by any governmental entity or fences or walls
specifically required or allowed to be located in the front yard(setback)of a PRINT NAME
building site by this Code
or the zoning ordinance.
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TREE
ORDINANCE
PART II-CODE OF ORDINANCES
Chapter 82 URBAN FOREST PRESERVATION AND ENHANCEMENT
Chapter 82 URBAN FOREST PRESERVATION AND ENHANCEMENT
Sec. 82-1. Purpose; findings.
(a) Purpose.The purpose of this chapter is to preserve and enhance the urban forest of the city.
(b) Findings.The city council has determined the following:The urban forest is of great value in the maintenance
of public health and welfare.The urban forest can aid in the conservation of vital energy resources and
natural resources and in the preservation of the city's heritage and quality of life.Trees are a valuable
amenity to the urban environment,creating greater human comfort by providing shade,cooling the air
through evaporation,restoring oxygen to the atmosphere,reducing glare, reducing noise levels, providing an
ecological habitat for songbirds and other animal and plant species, providing for more effective transitions
between different land uses and breaking the monotony of urbanized development, pre-development,or
construction.The urban forest of the city should be preserved and enhanced,to the maximum extent
feasible,consistent with the property rights of its citizens.
(Code 2003, §22.001)
Sec. 82-2. Definitions.
Unless the context otherwise clearly requires a different meaning,the following terms, as used in this
chapter,shall have the meanings indicated below.
Circumference of a tree means the circumference of its trunk, measured as prescribed in the criteria manual
and in figure 1 attached to the criteria manual. For conversion to diameter,the circumference can be divided by
3.142.
Criteria manual means the"criteria manual" dated February 1994,a copy of which is on file in the office of
the city secretary,which is hereby approved,adopted and incorporated into this chapter by reference.
Critical root zone means,for any given tree,the area within a circle centered on the trunk location.The
circle's diameter is one-half the sum of the broadest and the narrowest drip line diameters.See figure lb attached
to the criteria manual.
Damage a tree means to take any action which could result in a tree's death, either immediately or at any
time within two years following the action.Some examples of such action,which are not intended to limit this
definition, are as follows:severing the main trunk or large branches or large roots greater than 1"diameter,
girdling, poisoning,carving, mutilating,touching with live wires,piercing with nails or spikes, impacting more than
25%of the tree's canopy or critical root zone by crushing or exposing the roots, digging or drilling arey-holes larger
than three cubic feet(or a trench)within the critical root zone,covering a substantial part of the critical root zone
or compacting a substantial part of the soil in the critical root zone.
Driveway visibility triangle means the area within a triangle beginning at the intersection of the edge of a
driveway and the inside edge of a sidewalk(i.e.,the edge farthest from the roadway). From the intersection point,
the first side of the triangle extends five feet inward(away from the roadway)along the edge of the driveway,the
second side of the triangle extends five feet along the edge of the sidewalk away from the driveway,and the third
side is a straight line connecting the extended ends of the first two sides. If there is no sidewalk,the building
official shall designate the probable location of a future sidewalk,which shall then be used as if it were an existing
sidewalk.A typical driveway will have two such triangles,one on each side.The visibility triangle may include both
West University Place,Texas,Code of Ordinances Created: 2e23-05-e9 15:30:19 [EST]
(Supp. No.43)
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public and private property.The building official may prepare example diagrams showing driveway visibility
triangles.
Fence-like hedge as used in this chapter has the same meaning defined in appendix A,section 2-102 of the
Code(zoning ordinance).
Front yard means the setback area required by the zoning ordinance and measured from the front street side
of a building site or potential building site.
Large tree means a tree with a circumference diameter of 39 6 inches or more. In case a tree is removed,it is
presumed to have been a large tree if the diameter of the stump is six inches or greater,measured in any
direction.
Located.A tree is"located"within an area if any part of its trunk is within the area at ground level.
Low-value tree means a tree included in "class IV"of the criteria manual (see appendix)which is evaluated by
the urban forester under the criteria manual and assigned a total rating less than 30(out of 40 possible points).
Minimum planting standard means the minimum standard for total number of trees which must be present
on a site regardless of the number of pre-existing or replacement trees,as set forth in the criteria manual.
Multiple-trunk tree means a tree with two or more trunks visibly connected above the ground.
Protected tree includes:
(1) A significant tree anywhere in the city;
(2) A large tree located within any of the following: City of West University Place street right of way, Park,
or any other City owned property.
a. A front yard;
b. A street side yard(of corner sites);or
c. A right of way area;and
{3) Whcn there is a permit in effect for development er p e development activity on any subject site,
"protected tree" includes all large trees located on that subject site.
Qualified tree means any tree listed in Class I or II of the criteria manual which has a trunk diameter of at
least two inches, measured six inches above the ground.
Remove means to cut down,or remove a tree by any other means.
Replacement tree means a tree meeting the minimum criteria for replacement trees as set out in the criteria
manual and this chapter.
Right-of-way area includes all parts of a street area, including:
(1) The paved or improved roadway;
(2) The sidewalks;
(3) The curbs or ditches;and
(4) All other paved or unpaved areas in the street area.The"right-of-way area"for an individual site
includes only the area between the property line of the site and the centerline of the street area(i.e.,
the directly abutting area in the street area).A corner site has a right-of-way area both in front and on
the side.
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Significant tree means a large tree with circumference diameter of 3610 inches or more. In case a tree is
removed,it is presumed to have been a significant tree if the diameter of the stump is 4 10 inches or greater,
measured in any direction(Also see definition of large tree.).
Street gutter flow line means the street gutter flow line of the curb adjacent to and bordering upon a
visibility triangle. If there is no curb,the height restrictions set forth in this chapter shall be based upon the actual
level of the street area adjacent to and bordering upon the visibility triangle.
Street side yard means the setback area required by the zoning ordinance and measured from the side street
line of a building site or a potential building site.
Street visibility triangle means the area at a street corner lying within a triangular area beginning at the
intersection point of the curbs of the two streets forming the corner(which will normally be a tangent point on a
curved curb-line).Sides of the triangle extend 20 feet along each curb line(away from the intersection point,
following any curves in the curb).The third side is a straight line connecting the extended ends of such 20-foot
curb-line sides. If there is no curb on such a street,the central flow line of the gutter or ditch is used instead.The
triangle may include both public and private property.The building official may prepare example diagrams showing
street visibility triangles.
Subject site,for any given development or pre-development activity, includes:
(1) The building site or other site, upon which the development or pre-development activity would occur;
plus
(2) The right-of-way area for that site.
Tree means a woody plant having one well-defined stem or trunk, a defined crown and a mature height of at
least eight feet.
Tree disposition conditions means conditions approved by the urban forester pertaining to the disposition
and protection of trees when development or predevelopment activity occurs.See section 82-3.
Tree permit means a valid permit issued by the building official authorizing removal of or damage to a
protected tree.
Tree survey is an on-the-ground survey containing the location of trees,their circumfcrence.5diameters,types
(species), crown areas(drip line)and other data, all as more particularly described in the criteria manual. Unless
otherwise indicated in the criteria manual,the tree survey must depict for any given subject site:
(1) Every large tree located in the subject site; and
(2) Every large tree located elsewhere which has 30 percent or more of its critical root zone in such subject
site.
Tree trust means any person or entity which meets all of the following criteria:
(1) It is operated on a profit-making or not-for-profit basis;
(2) The urban forester has determined that it has the resources, organization and expertise to plant and
maintain trees successfully in an urban setting and in compliance with certificates issued to the city;
and
(3) The urban forester's determination has not been revoked or suspended.
Urban Forest Enhancement Fund or"UFEF" means the fund established as such by this chapter.
Urban forester means a person so designated and acting under this chapter.
Visibility area includes a street visibility triangle and a driveway visibility triangle.
Visibility triangle includes a street visibility triangle and a driveway visibility triangle.
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(Code 2003, §22.002;Ord. No. 1772,app.A,8-16-2004;Ord. No. 1925, § 1(Exh.A),8-9-2010;Ord. No. 2044, §
1(Exh.A), 1-22-2018)
Sec. 82-3. Tree disposition; surveys.
(a) General requirement. Every permit for development or predevelopment activity must contain tree
disposition conditions meeting the requirements of this section.
(b) Essential and mandatory conditions.Tree disposition conditions are the most important means of protecting
the urban forest of the city from unreasonable harm during development and predevelopment activity.Tree
disposition conditions shall:
(1) Prohibit removal of or damage to any large protected tree,except:
a. Removal of a tree which is diseased,severely damaged or dead may be authorized;
b. Damage to or removal of a tree which causes an unreasonable impediment to the use and
enjoyment of the applicant's property may be authorized;and
c. Damage to or removal of a low-value tree may be authorized.
(2) Require replacement trees,to the extent provided in the criteria manual,for any large protected trees
authorized to be damaged or removed. Exception: No replacement is required for low-value trees.
(3) Require protection for large protected trees(and critical root zones).The conditions may specify the
methods of protection to be used.
(4) Require that any authorized damage to trees be minimized and mitigated.The conditions may specify
methods of mitigation to be used.
(5) Require,if there is major development,that the affected subject site attain a minimum planting
standard of tree density as set forth in the criteria manual.
(c) Procedure.The building official shall not issue any permit for any development or predevelopment activity
unless all of the following have first occurred:
(1) Tree survey.The applicant must have filed a tree survey,and the urban forester must have approved it
for compliance with this chapter.
(2) Tree disposition conditions.Tree disposition conditions approved by the urban forester must have been
inserted into the permit.The urban forester may require all persons owning land where a tree i5
located to agree to any removal of or damage to the tree authorized by the conditions.
(d) "Low-impact"exception. Except for the requirement to insert the mandatory conditions,this section does
not apply to a subject site, project or other activity that will not have any significant,adverse effect upon any
large protected tree,as determined by the urban forester.
(Code 2003, §22.003)
Sec. 82-4. Tree permits.
(a) Permit required.A tree permit is required for removal of or damage to any protected tree, unless the
damage is separately authorized by tree disposition conditions as described above. See section 18-5 for a
more particular description of the requirement for a tree permit.
(b) Criteria for issuance of permits.The building official shall only issue a tree permit if subsections(1)and either
(2)ef-s(3)or(4)are present:
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(1) Application.An application for the permit must be filed by the owner of the area where the tree is
located. If the tree is located on a property boundary,ali-at least one owners must join in submit the
application. A tree replacement plan shall be submitted for review and approval,prior to issuance of
tree permit,for any tree that requires replacement by this chapter.
(2) Tree in poor condition;hazards;low-value trees.The tree in question is diseased,severely damaged or
dead, or the tree creates a hazard to human life or an existing building, or the tree is a low-value tree.
In any of these cases,the permit shall be issued without special conditions or replacement
requirement.
(3) Tree as impediment to proposed use of the subject site.The tree in question causes an unreasonable
impediment to use and enjoyment of property.Any permit issued in this case shall be reviewed by the
urban forester and shall require that any replacement trees required by this chapter be planted. If
replacement trees are to be located on a subject site controlled by the permittee,the permit shall also
require that they be thereafter maintained. If the permit would authorize damage to a protected tree,
but not removal,the permit must contain conditions reasonably calculated to minimize the damage to
the protected tree(and may require replacement trees).
(4) Tree on private property. The tree in question is located on private property. Any permit issued in this
case shall be reviewed by the urban forester and shall require that any replacement trees required by
this chapter be planted. If replacement trees are to be located on subject site controlled by the
permittee,the permit shall also require that they be there after maintained. If the permit would
authorize damage to a protected tree,but not removal,the permit must contain conditions reasonably
calculated to minimize the damage to the protected tree(and may require replacement trees).
(Code 2003, §22.004)
Sec. 82-5. Replacement trees.
(a) Number of replacement trees.Tree disposition conditions and tree permits authorizing removal of or damage
to largc trccs or protected trees shall normally require replacement by one or more newly-planted trees on
the same subject site according to the"replacement inch"stipulations in the criteria manual.To the extent
on-site replacement is not feasible,the permittee may choose to:
(1) Plant and maintain off-site replacement trees within 1,000-feet of the subject site, subject to the
provisions of the criteria manual;
(2) Provide a replacement-inch certificate from a tree trust or the UFEF, as provided in this section and the
criteria manual;or
(3) Provide replacement inches by some combination of the foregoing methods.
Regardless of the method or methods chosen,the number of replacement inches planted on the subject site, plus
those provided by alternate methods, must equal or exceed the number calculated according to the replacement
inch stipulations in the criteria manual.
(b) Minimum size;species;diversity. Replacement trees must normally have a trunk diameter of at least two
inches measured six inches from the ground. If ten inches or more of replacement inches are required by a
permit,one replacement tree for each ten inches must have a trunk diameter of at least four inches,
measured six inches from the ground. Example: If 24 replacement inches are required,there must be at least
two replacement trees with a trunk diameter of four inches or more.The urban forester may prescribe
proportionally smaller trunk diameters for species of trees typically smaller than normal. Replacement trees
must be class I or class II,according to the list in the criteria manual. However, on each subject site,trees
must be selected and planted to achieve diversity,so that no more than 30 percent of the trees on the site
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belong to any single genus. Exception: If necessary to achieve a matched or paired planting,two trees may
belong to the same genus.
(c) Qualified trees under zoning ordinance. To be a "qualified tree" under the zoning ordinance,a tree must
comply with the definition of"qualified tree"set out in section 82-2,and must meet the same criteria as
replacement trees.
(d) Growth space,etc. Each replacement tree and qualified tree must be planted in a growth space which:
(1) Contains at least 200 square feet,contiguous,with no dimension smaller than ten feet;
(2) Can absorb at least three inches of water per hour(over the whole area);
(3) Does not contain any compacted, stabilized,paved or solid material,at any level;and
(4) Otherwise supports tree establishment and growth.
Grout-free stones or pavers are not prohibited in a growth space, if the space meets all such criteria. No more than
one shade tree may be planted per 200 square feet of such growth space.The urban forester shall use reasonable
best efforts to determine the type and number of trees and growth space in an attempt to minimize any undue
burden resulting from this chapter.
(d) Standard of review.The urban forester shall use reasonable best efforts to determine the type and number
of replacement trees required in an attempt to minimize any undue burden resulting from this chapter.
(e) Trees in street areas. Before authorizing the establishment or maintenance of a tree or decorative
landscaping(or any related appurtenances such as lighting or a watering system)in a street area,the
building official must:
(1) Be satisfied that V.T.C.A.,Transportation Code ch. 316 has been complied with;and
(2) Determine there would be no violation of the provisions of this chapter relating to visibility triangles.
The building official is designated by the city council to make the determinations contemplated by V.T.C.A.,
Transportation Code§316.003.
(f) Replacement inch certificates. If a tree trust or the UFEF issues an effective"replacement inch"certificate to
the city,as provided in the criteria manual,the"replacement inches"described in the certificate are treated
the same as replacement tree inches actually planted as of the date of the certificate.
(g) Replacement inch credits.An owner of a site in the city who plants a class I or class II tree on that site is
eligible to receive a credit for future"replacement inches."The owner may use the credit to offset the
number of"replacement inches"assessed for protected trees removed from the same site at any time in the
future.Credits are subject to the following:
(1) Issuance.Credits are only available for trees registered with the urban forester within 30 days following
the day they are planted. Registration requires application and proof of planting.The registration form
shall specify the size and species of each tree planted and its location on the site.
(2) Measurement.The number of replacement inches actually credited is determined by the urban
forester at the time an offset in requested, based on the health and size of the previously-registered
trees and applying the provisions of the criteria manual regarding calculation of replacement inches.
(3) Transferability. Credits are not transferable to another site but may be claimed by subsequent owners
of the same site.
(4) Records.The city is not responsible for keeping registration or other records of credits.A person
claiming a credit must present documents to show that the credit is available and applicable.
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(h) Urban Forest Enhancement Fund.The urban forest enhancement fund(UFEF)of the city is hereby
established.The UFEF is subject to all restrictions on public funds and other funds of the city, including the
requirement for annual budgeting. However, money in the UFEF may only be budgeted and spent for the
following purposes:
(1) Purchasing,planting or otherwise providing trees in public spaces, in the front yard of all building sites
or in the side street yard of corner building sites in the city;
(2) Maintaining or otherwise enhancing trees in public spaces in the city;or
(3) Matters necessary or incidental to the above.
Deposits may be made into the UFEF by gift or other transfer.The director of finance is authorized to accept such
deposits on behalf of the city and to issue:
(1) Acknowledgments in the name of the city;and
(2) "Replacement inch" certificates as provided in the criteria manual.
(Code 2003, §22.005;Ord. No. 1772,app.A,8-16-2004;Ord. No 1929,§1(a),9-13-2010; Ord. No. 2044,§1(Exh.
A), 1-22-2018)
Sec. 82-6. Protective fencing.
(a) Fences required. Unless otherwise specified in the applicable tree disposition conditions,each protected tree
to be preserved must be fenced during development or predevelopment activity.
(b) Fence criteria.The tree disposition conditions shall specify protective fencing of the critical root zone
whenever reasonably practicable, unless a different area is prescribed in accordance with the criteria
manual. Unless the tree disposition conditions specify otherwise:
(1) A six-foot or higher fence must surround each protected tree or group of protected trees,effectively
preventing peeples machinery,trash, material and other items from occupying the area within the
protective fencing;
(2) The fence must be constructed of durable, highly visible materials supported on poles firmly set in the
ground;
(3) The fence must be able to resist intrusions and impacts likely to be encountered on a construction site;
(4) The fence may incorporate existing fences or walls as well as temporary fencing;and
(5) Each fence must display a prominent warning sign as set forth in the criteria manual.
(c) Fence permit.A separate fence permit is not required for construction of a fence under this section, if a
permit for the work is in effect and includes tree disposition conditions.
(d) Trash,storage prohibited. It shall be unlawful for any person to use the area within the protective fencing,
required by this section,for trash disposal,storage,vehicle parking or any other use that could adversely
affect tree roots.
(Code 2003, §22.006)
Sec. 82-7. Visibility triangle areas; trees, hedges, etc.
(a) Obstructions prohibited. Obstructions are prohibited in visibility areas as indicated in the following table:
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Area Obstructions prohibited Point for vertical
measurement
Driveway visibility Any part of a fence,wall, plant or Adjacent grade level at the
triangles other thing above three feet. intersection of the driveway and
sidewalk.
Street visibility triangles Tree branches or foliage below 13 Centerline of the street.
feet 6 inches and any part of any
other plant or other thing above
three feet.
(b) Conduct unlawful. It shall be unlawful for any person to: (i) plant,grow,construct,install or maintain any
obstruction prohibited by this section, or(ii)allow any such obstruction on property the person owns or
controls.
(c) Certain trees. It is an affirmative defense to prosecution for a tree in a driveway visibility area that the tree
was planted before July 1, 19921992 and has no limbs or foliage below six feet.
(d) Prior nonconforming status of certain fence-like hedges. It is an affirmative defense to prosecution related to
a fence-like hedge that:
(1) The hedge was in existence and not in compliance with chapter 82 on December 1,2009,
(2) The hedge was not located in a visibility area, and
(3) The hedge has never been altered or maintained to conform to this section.
(e) Enforcement.The city may enter a visibility area and remove any growth prohibited by this section,and the
city shall have no liability for taking or not taking such action.
(f) Termination. Notwithstanding anything to the contrary contained in subsection(d), all fence-like hedges
must be made compliant with the Code no later than December 1,2014, at which time subsections(d)and
(f)of this section 82-7 shall be of no further force or effect and the same may be removed from this section
without further action.
(Code 2003, §22.007;Ord. No. 1925, § 1(Exh.A), 8-9-2010)
Editor's note(s)—Ord. No. 1925,§ 1(ex.A),adopted Aug.9,2010,changed the title of§82-7 from "visibility
triangles"to"visibility triangle areas;trees, hedges, etc."See also the Code Comparative Table.
Sec. 82-8. Administration; appeals, etc.
(a) Urban forester.The city manager shall appoint an experienced and qualified person to be chief urban
forester for the city.The city manager may designate one or more other urban foresters to act in the
absence of the chief; persons so designated may not necessarily be employees of the city, but the city
manager shall make an adequate provision for obtaining their services by contract if they are not city
employees.A person designated as urban forester must hold at least a bachelor's degree from an accredited
four-year college or university in urban forestry or arboriculture or must have equivalent skills and
experience.
(b) Referral;duties.The building official shall refer tree surveys,tree disposition conditions and applications for
tree permits to a designated urban forester,who shall work with the applicant and other city departments as
required to administer the provisions of this chapter.The urban forester may establish categories of simple,
routine or low-risk surveys, plans and applications,which may be handled summarily,without submission to
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the urban forester.The fees for such applications may be reduced accordingly, if so provided in the fee
schedule.
(c) Applicability to city projects. For all city projects that may impact large trees,the appropriate documents
(tree permits,tree surveys and tree disposition conditions)shall,whenever practicable, be submitted to the
urban forester for evaluation and recommendations, prior to public hearings(if held)or final decisions taken
by city council or city staff.City approval of a city-owned subject site or project shall constitute approval for
actions affecting the trees.City-owned subject sites or projects shall follow the same guidelines for tree
replacement as private subject sites or projects,except as authorized by the city council.
(d) Reference and training.The city manager is authorized to obtain training and reference materials for the
building official and other city staff members who may be called upon to enforce this chapter.The building
official is authorized to maintain reference materials on file and to make them available,without charge,to
persons who request information in connection with construction or other activities within the city that
could affect the urban forest.
(e) Cooperation. It is the desire of the city to establish a cooperative working relationship with persons seeking
to improve property within the city. Interested persons are invited and encouraged to meet and confer with
city staff and to retain the services of expert foresters to provide advice and assistance to themselves and
the city.The urban forester shall use reasonable best efforts to determine the type and amount of
replacement trees required in an attempt to minimize any undue burden resulting from this chapter.
(f) Decisions and appeals.When making decisions or performing other duties under this chapter,the urban
forester and the building official both shall be subject to the standards and procedures generally applicable
to the building official under this chapter.Appeals of decisions made by either the building official or the
urban forester,and applications for variances, are heard by the building and standards commission, in
accordance with this chapter. Notwithstanding any other provision to the contrary,the commission,when
considering an application for a variance:
(1) Shall take into account efforts to avoid or mitigate removal of and damage to trees, particularly trees
highly-evaluated under the criteria manual;and
(2) May take into account the financial cost of compliance with this chapter, particularly as it compares to
the cost of other work the applicant may be proposing.
(Code 2003, §22.008;Ord. No. 1826, § 1(app.A),4-24-2006)
Sec. 82-9. Violations.
(a) Removal, damaging, killing of protected trees. Except as authorized by a tree permit, it shall be unlawful,
within the city:
(1) For a person to remove or damage a protected tree intentionally or knowingly;
(2) For a person,who owns or controls any site,intentionally or knowingly to cause or allow a protected
tree to be removed or damaged, if it is located within that site or the right-of-way area of that site.
(b) Affirmative defenses. It shall be an affirmative defense to prosecution under this chapter for removing,
damaging or killing a tree,that:
(1) Tree disposition conditions(contained in a building or other permit)authorized the conduct in
question;
(2) All of the following four circumstances were present:
a. Immediate action to remove,damage or kill the tree in question was necessary to prevent harm
to people or property;
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Page 9 of 10
b. A permit application was filed within ten days thereafter;
c. An appropriate permit or amendment was obtained; and
d. There was full compliance with all conditions of the permit or amendment.
(c) Conditions. It shall be unlawful for any person who applies for or receives a permit regulated by this chapter
to fail or to refuse to comply with a condition of the permit or this chapter.Any related permit for the
subject site in question may be withheld until the condition is complied with to the satisfaction of the urban
forester, building official or any other city staff members who are called upon to enforce this chapter.All
permits are subject to revocation or suspension as provided for in chapter 18.
(Code 2003, §22.509)
Sec. 82-10. Other regulations; conditions.
(a) Conflicts with other regulations. In any case where another city ordinance, rule or regulation would require
the removal,damage or death of a large tree, under circumstances where this chapter would prohibit such
action, it is the intent of the city council that all of the applicable regulations shall be read together and
harmonized so that, if reasonably practicable,the Iargc protected tree is not removed,damaged or killed.
(b) Liberal interpretations authorized.All city officials, boards and commissions are authorized and encouraged
to interpret other ordinances, rules and regulations liberally in order to minimize conflicts with this chapter
and to protect existing Iargc protected trees, except in circumstances where there might be hazards to
persons or property.
(c) Variances.The need to protect or preserve a large protected tree shall be considered a sufficient"hardship"
in all cases where a hardship is required for the issuance of a variance under city ordinances, unless
additional grounds are required by state law.
(Code 2003, §22.510)
Created: 2023 05 00 15:30:19 [C5110-17-2024
(Supp. No.43)
Page 10 of 10
HVAC
LOCATION
Editor's note:
Section 18-68 is a currently reserved section within Chapter 18(Buildings and Development)and under Article II
(General Regulations).The intent of this code addition is to establish general rules and regulations for the
installation of mechanical equipment(generators,A/C, pool equipment,etc.), including location, noise control and
minimum clearance standards.The Zoning&Planning Commission is currently considering zoning amendments
that would revise permitted projections for mechanical equipment into required yard or setback areas.
Sec. 18-68. Mechanical Equipment.
(1) Location.All mechanical equipment shall be installed in compliance with the minimum setback
standards outlined in Table 7A-2:Yards(or'setbacks').See also Table 7A-7(Projections Schedule)for
authorized projections into required yard or setback areas.
(2) Noise. Mechanical equipment shall be located,screened, or enclosed to minimize noise disturbance to
neighboring properties.See also Sec.54-41(4)for maximum permitted decibel output for mechanical
equipment.
(3) Clearance.All mechanical equipment shall have a minimum clearance of twelve(12)inches from the
principal structure or shall be installed as per the manufacturers specifications for minimum clearance
for the specific model of equipment to be installed,the more restrictive thereof.
(4) Building Codes.All mechanical equipment shall meet all other applicable requirements of the
International Building and Residential Codes adopted by the city.
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Page 1 of 1
APPENDIX A ZONING ORDINANCE*
ARTICLE 7A. RESIDENTIAL DISTRICT-SPECIFIC REGULATIONS
Section 7A-100. Purpose and applicability.
The purpose of this Article is to prescribe regulations which differ by district. Each regulation shall be
construed to carry out the purpose and intent of this ordinance as well as the purpose for the district within which
it applies.
Section 7A-101. Regulations, tables, etc.
(a) In General. Every use, building site and structure must comply with the regulations set out in the following
tables:Table 7A-1. Uses;Table 7A-2.Yards (or'setbacks');Table 7A-3.Open &Pervious Areas;Table 7A-4a.
Garage Space;Table 7A-4b. Buildings;Table 7A-5a. Parking, Driveways, Etc.;Table 7A-5b. Certain Structures;
Table 7A-6. Building Site Dimensions.
(b) Projections. Permissible projections into yards, and details about computation of open and pervious areas,
are set out in Table 7A-7,the"Projections Schedule."
Table 7A-7. Projections Schedule
Projections Schedule General Rule:This schedule describes certain structures
which are allowed to "project" into yards (or setbacks). It
also provides special rules for calculating open and pervious
areas affected by such structures. See the "Yards (or
'setbacks')" and the "Open & Pervious Areas"tables.
Type of Structure Maximum Allowed Projection (In Inches), Special
Measured from The Inside Edge Of The Yard Rules For
Calculating
Open &
Pervious
Areas
Front Rear Side Yard SF
Yard Yard Bufferyard
Mechanical Air conditioning 0 15' 0 0 The area
Equipment equipment, pool See Note See Note does not
equipment, and similar 6. 6. count as
freestanding mechanical either
equipment open or
pervious
area.
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Page 1 of 3
Note 6. Equipment in Rear or Side Yard.
REAR YARD: Indicated equipment may project into a rear yard only if:
(a) separating the equipment from any building site across the rear lot line, there is
a solid wall at least one foot higher than the highest part of the equipment;
(b) if the equipment occupies any part of an easement under the control of the City,
the City has issued a separate acquiescence or consent to the occupancy of the
easement;
(c) there has been formally granted to the city any utility easement deemed
necessary by the City's chief utility official;
(d) the base of the equipment is not higher than 14 inches above the ground
(Exception: The base may be elevated to the minimum level of the lowest floor
of the principal building, as established by the City's flood damage prevention
ordinance, if that level is higher than 14 inches above the ground.); and
(e) if located within five feet of any property line, the equipment is fully encased in
a sound absorbing cabinet or is otherwise designed and operated to comply
with the City's noise regulations; see Chapter 54 of the Code of Ordinances.
SIDE YARD: Indicated equipment may project irate an interior or street side yard (but
not closer than three feet to a properly I+ )only if it is fully encased in a sound
absorbing cabinet, or is otherwise designed an-el eperated to comply with the City's
noise regulations; see Chapter 54 of the Code of Ordinances. However, Mechanical
equipment replacing older equipment in a side yard may project as close as 18
inches to a property line, if the fire marshal determines that such projection will
not significantly interfere with emergency access, either on the same site or on
another site.
NEW AND REPLACEMENT EQUIPMENT: These rules apply to all new and replacement
equipment. Exception: If older equipment was lawfully installed on an elevated
structure in a rear yard, replacement equipment may be installed on the same
structure. If the older equipment was lawfully installed without the required
separating wall, the wall must be provided, but it may be either solid or at least
50% solid (e.g., lattice). All other rules apply.
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I ,
15' maximum projection for mechanical equipment
echanical Equipment
Projection Area
20' rear setback
au a�
L L
O O
100,
Builda ble
U U
c,„
Area
c
20' front setback
50'
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Page 3 of 3
Section 7A-101. Regulations, tables, etc.
(a) In General. Every use, building site and structure must comply with the regulations set out in the
following tables:Table 7A-1. Uses;Table 7A-2.Yards(or'setbacks');Table 7A-3.Open & Pervious Areas;
Table 7A-4a. Garage Space;Table 7A-4b. Buildings;Table 7A-5a. Parking, Driveways, Etc.;Table 7A-5b.
Certain Structures;Table 7A-6. Building Site Dimensions.
(b) Projections. Permissible projections into yards, and details about computation of open and pervious
areas,are set out in Table 7A-7,the "Projections Schedule."
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Table 7A-7. Projections Schedule
Type Of Structure Maximum Allowed Projection (In Inches), Special
Measured from The Inside Edge of The Yard. Rules For
Calculating
Open &
Pervious
Areas
Front Rear Side SF
Yard Yard Yard Bufferyard
Buildings Items near ground level: 120" No limit. 0 See No limit The area
And porches, platforms and Note 12. counts as
Attached decks higher than six open area.
Structures, inches but not higher The area
Cont. than 14 inches,and beneath a
similar structures deck may
attached to buildings count as
pervious
area if rain
is allowed
to pass
through
the deck.
Other parts of buildings 0, but 0, but 0, but 0, but see The area
and structures attached see Note see see Note Note 3. does not
to buildings. 2. Notes 3 5. See See Note count as
and 4. Note 12. 12 either
See Note open or
12 pervious
area.
Ground level Sidewalks, patios, No limit, No limit No limit No limit The area
and porches/platforms/decks, except counts as
underground retaining walls, that open area
items driveways, parking areas decks but not as
and similar structures not may not pervious
higher than six inches; all project area
underground structures. more unless the
See also Table 7A-3 than material is
regarding pervious 120" completely
pavement. pervious
to water.
The area
beneath a
deck may
count as
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Page 2 of 4
pervious
area if rain
is allowed
to pass
through
the deck.
See Table
7A-3.
Retaining Retaining walls higher No limit No limit No limit No limit The area
Walls than 6 inches but not counts as
higher than 24 inches open area
measured from top of but not as
curb. pervious
See also Sec. 18-210 area.
regarding engineering
design requirements for
retaining walls.
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Sec. 18-210. Masonry construction.
Masonry fences and walls must be made of brick,concrete masonry units,vitrified clay tile, concrete tile,
or monolithic reinforced concrete. In addition,the fence or wall and fence or wall foundation must be approved by
the city's urban forester for compliance with the tree preservation and protection regulations.
1) The masonry fence All masonry fences,and masonry walls higher than six inches, must be designed by a
structural engineer, listed with the Texas State Board of Professional Engineers, as required in appendix C
of the Code of Ordinances.The engineered design must be for the foundation and the fence wall and
meet the windstorm requirements of the current adopted building code.
2) Emergency portals may be required;see Sec. 18-208.
(Code 2003, §6.591; Ord. No. 1925, § 1(ex.A), 8-9-2010;Ord. No. 2000, § 1(App.A), 2-9-2015)
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