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HomeMy WebLinkAboutORD 1255 - ORD Relating to Fences Amending Code of ORD _IiIIl\lIl~~ . Jl'Il1"'1T"""" - ~ ~. , 41 ORDINANCE NO..,1255 AN ORDINANCE RELATING TO ,FENCES; ,AMENDING, THE CODL OF, ORDINANCES; " PRESCRIBING A PENALTY. AND CONTJUNING FINDI.NGS AND OTHER PROVISIONS RELATED TO THE SUBJECT u : WHEREAS, ,it hasbeen..recbrilmeDded that the .City Council amend its regulations"relating to fences and,include them in a new section of the City's zoning, ordinance; and,' "I ' WHEREAS, the City Council "desires to.,continue regulations relating to fences, but the City Council doesinot desire,to include all of such regulations in the zoning ordinance, pending further study; , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ..~ Secti on L Tha t Chapter 6 of the ,Code of, Ordi nances, City of West University Place, Texas, is hereby amended to' add thereto a new article which shall read in its entirety as set out in Exhibit A, which is attached hereto and incorporated herein by this reference for all purposes. Section 2. For purposes of codification, such new article and its varJous parts may be renumbered in the usual manner, without substantive change. Section 3. Until new fees or charges are established by motion, resolution or ordinance, the fees and charges most recently assessed for licenses and permits contemplated by this ordinance shall continue in effect. o Section 4. 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, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 6. 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 Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, jlU--' 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 aDd confirms such notices and the contents and posting thereof. 1 " n Section 7. This ordinance takes effect on the tenth'day following its publication, as.required ~YSection 2.12 of the CityCbarter. PASSED AND APPROVED ON FIRST READING this 20th day of JANUARY , 1986. Councilmembers Voting Aye: Councilmembers Voting No: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None PASSED AND APPROVED ON SECOND AND FINAL READING this 10th day of FEBRUARY, 1986. Councilmembers Voting Aye: Councilmembers Voting No: ATTEST: n I . Ll Audrey Nichols, City Secretary (SEAL) APPROVED AS TO FORM: James L. Dougherty, Jr. City Attorney n r:-:==." ~~._,-_~__L-, --------.:....II ._IL.l.im~__ Mayor Parks, Councilmembers Higl ey, Bryan, Cummings, Schwartzel None Michael L. Parks\ Mayor : " ..j 2 ~l.J..ill.IlillWj,I.1J1IIi.I: ,fro ~J I I I 1 I -I i I ! I I I I , I I ! i . ] . i I i I I I i i _IIUMIIIIIIIil II I Llllo-'I 4;6 Exhibit A (Relating to'Fences) Article FENCES. (a) Maximum Heiqht. . (1) No fence or freestanding wall exceeding six feet in height (measured from the natural ground level or grade at the proposed fence location) may be constructed on any private property, except as provided in this article. (2) A fence or freestanding wall taller than six feet, but not exceeding eight feet in height, may be constructed on the following locations: ~) I [ '--.-J (i) along the common boundary of property within a single-family residential district and other property either within a non-single-family distric~ or used for any purpose other than single-family residential purposes, and the fence may extend to the front lot line of the single-family property notwithstanding any other provision of this article; (ii) , along rear and side lot lines of property, but not closer to the front lot line than the rear building line of any adjacent house or lot; . (iii) between houses on adjacent lots, but only if the fence is more than six feet from any house on the adjacent lot and if more than 24 inches separate the, eaves of the houses on the two lots. (b) Property Lines. It shall be the responsibility of the owner and contractor to establish the property lines and locate the fence or wall within the property lines. (c) Extension Beyond Main Wall Prohibited. (1) No fence, wall or other structure shall be erected on any lot or private premises which fence, wall or other structure shall extend beyond the m~in wall of the front of the house located on said lot. By the use of the term lima in wa 1111 as used here-i n, it is intended to mean the front of the building, exclusive of front porch or entranceway; provided, however, that a retaining wall whose express purpose is to hold in position earth or similar material may be constructed in the front yard. The maximum height of the wall cannot exceed the highest portion of elevation of the front yard between the main wall of the dwelling and the front property line, including either side of the yard. Such retaining wall, or any portion thereof, shall not be constructed beyond the property line. I ~ Page 1 ,~ , I ) ~ Exhibit A (Relating to Fences) -17 (2) Where a corner lot has been subdivided into two or more lots, a fence may not be bu i 1 t to extend pas t the bu il di ng li ne of the house on the lot abutting the corner property, or past the side b~ilding line adjacent to the side street of the corner house, whichever line extends farthest toward the street. If the board of adjustment is requested to issue a variance to permit a fence on the lot abutting the corner property to be built closer. to the street than prescribed above, and if a petition signed by twenty percent or more of the persons owning property within 200 feet of the rear line of the corner lot and on the same side of the. street is presented to the board before it acts on the request, the requested variance shall not take effect unless approved by at least four-fifths of the members of the board qualified and serving. In any event, however, any fence on the lot abutting the corner property shall e located at least five feet farther from the street than the side property line of said corner property~ (d) Permits. (1) It shall be unlawful for any person to construct or reconstruct any fence or wall 'except' as authorized by a valid permit issued by the bui 1 di ng offi ci a 1., The buil di ng offi ci a 1 is authori zed to issue such permits. n I I I I . . .~ -:- :' 1"-1 (2) The fee for such permits shall be prescribed by the City Council, and the Council may prescribe a higher fee for permits applied for after construction has begun. . . . . '(3) A, permit, is. va-l id for' one year from, the date: of, issuance, unl ess 's'ooner revoked~'" ~.. \, " . . . (4) No permit shall be issued by the' build,ing" 'official.. unless and until he has been furnished with a letter or statement showi ng the. type of fence or; wa] 1 to: be :constructed, the materi a 1 s to be used and the' placesi whene: such :fence: lsto be 'constructed. 7 ,: . - - ' l ' , '"; '''. I (e) Easements. No brick, masonry or similar type of fence or wall shall be erected which would interfere with the installation and maintenance of utility lfnesin the' ea.sement r~served therefor. ,---.., l I \ i I i I \~ (f) Removal of Debri s. It shall be the responsi bil i ty of the person. who constructs' "or' reconstructs a 'fence to: c:l eanup and remove from the. premises all debris, dirt, scrap and broken pieces of concrete caused by the construction of.thefence or wall. (g) Non-conforminqFences. In cases .where an existing fence or wall havingheretofore:beerrerected,contrary to the "provi.sions. of this article.is to. be removed::O'rr,r~ebunt,-e-a.ch new fence ,orwall'lmust conform to this article in all respects. : , ,j ,i :1" r' ,Page 2 ~::. . _lI'HF'lllll'll'l!~ 'If 'L-liI~ '"I 4B Exhibit A (Relating to Fences) (h) Facing of Fences. All fences abutting on a street 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 shall face the street on which the lot faces as well as a side street. (i) Fence Gate. Where a new fence is to be constructed, or an existing fence is to be reconstructed, along an easement area, a gate with a minimum opening of thirty inches must be built for ingress and egress into the easement area. The erection of such gate is to be for the use and convenience of public utility companies and the city service crews. n ~J (j) Electrically Charged Fences. 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 charged with electricity. (k) Barbed Wire Prohibited. No fence shall be constructed in whole or part of barbed wire. Where chain link fence is used no twisting or barbing of wire is permitted! at the top selvage~ All wire on the, top selvage shall be knuckled. (1) Masonry Wall. Masonry construction, which shall be of brick, vitrified clay tile, concrete tile, or monolithic reinforced concrete, shall be built according to the following specifications: J (1) At least eight inches thick for double-wall construction, which shall be either brick, vitrified clay tile, or concrete tile; at least six inches thick for single-wall construction, which shall be only of brick or monolithic reinforced concrete construction. ' (2) Pilasters shall be placed on not more than twelve-foot centers or adequate steel reinforcing shall be placed in the whole wall according to specifications approved by the city engineer. (3) Expansion joints shall be placed on not more than twenty-four-foot centers. (4) The wall shall have a foundation, which shall rest on drilled footings to apprDved bearing sDil. Such fDDtings shall be nDt less than twelve inches in diameter, and each fODting shall have nDt less than four Dne-half-inch ties Dn three-fDot centers. Foundation beams shall be not less than twelve inches wide and not less than eighteen inches deep with not less than four five":'e'ighths-inch reinfDrcing rDds and three~eighths-inch ties, on nDt less than thirty-inch centers. (5) A gate with a minimum opening of thirty inches must be built for ingress and egress into the public easement. i U Page 3 Exhibit A (Relating to Fences) 49 n, I 1 \, \ -~ (m) Fences on Vacant Lots. Any fence construction or reconstruction on a lot or lots on which no residence is located shall be constructed to comply with all of the setback requirements which apply to the location of a residence'on su~h lot'or lots. No building permit shall be issued for construction of improvements on a lot while a fence exi sts on such property whi ch fence does not meet all requirements of this article.' Ii' ~ !:,', (n) Parallel Fences. When a fence is constructed on a common property llne where there is an existing fente"the new. fence. shall be so constructed as to be completely;'flush w,ith the existi,ng fence in: such a manner that trash and debris cannot collect between such fences. (0) Ma i ntenance. Any pers'on owni ng or contro 11 i ng a fence or a wall shall maintain it in good repair so as not to endanger any person or property. ' '. \ i! : (p) Penalt~. Any person violating this article shall, upon - conviction, be flned not less. than one dollar nor more than $1,000, and each'day sLlch violation continue:s: sha'll. constitute a separate and. additional offense. ' . n I ( I ' , ' ) \ ~ '! ' ,I " ~ ~ "-,,',1 ! '; I ',' (. " . t: 1 , J ,'j, . ~ 'I. j ~ -) :~. "! 'I, ' '1.~, -;.~ }~~.r-~') .,~ ~ ;) ;,'~ 1 ,I, I ~,' . ,1 . ":.1\:' .>:' ,---., i i i i ) i I ( -,/ rPage 4 ~ 1TT.lTTI' IL...I.1L1..1JlJ. .