HomeMy WebLinkAboutORD 1255 - ORD Relating to Fences Amending Code of ORD
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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
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: 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.
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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herewith are hereby repealed to the extent of the conflict only.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.
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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:
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Audrey Nichols,
City Secretary
(SEAL)
APPROVED AS TO FORM:
James L. Dougherty, Jr.
City Attorney
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Mayor Parks, Councilmembers Higl ey,
Bryan, Cummings, Schwartzel
None
Michael L. Parks\ Mayor
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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:
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(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
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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.
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(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.
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'(3) A, permit, is. va-l id for' one year from, the date: of,
issuance, unl ess 's'ooner revoked~'" ~.. \,
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(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 ,:
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(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.
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(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. : ,
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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.
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(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:
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(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.
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Exhibit A
(Relating to Fences)
49
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(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'
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(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. ' .
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