HomeMy WebLinkAboutOrd 1479 - Buildings and building regulationORDINANCE NUMBER 1479
AN ORDINANCE RELATING TO BUILDINGS AND BUILDING
REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, AMENDING CERTAIN SECTIONS
OF CHAPTER 6; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, the City Council desires to update Chapter 6 of the Code of
Ordinances by amending certain sections; and
WHEREAS, the City Council also desires to update Article I of Chapter 6
at the request of the Building Official;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That Section 6 -1 of the Code of Ordinances of the City of
West University Place, Texas is hereby amended by adding thereto a new
definition, which shall read as follows:
Residential occupancy means: (i) occupancy of a building
included in the "Group R" occupancy category of the City's building code, (ii)
occupancy for a private garage used strictly for residential purposes, or (iii) some
combination of these two occupancies.
Section 2. That Subsections (c) and (d) of Section 6 -2 of the Code of
Ordinances of the City of West University Place, Texas are hereby moved to
Section 6 -4 and renumbered as subsections (f) and (g), respectively, of Section 6-
4.
Section 3. Section 6 -4 (relating to "certificates of occupancy ") of the
Code of Ordinances of the City of West University Place, Texas is hereby
amended by adding thereto a new subsection (h), which shall read as follows:
(h) It shall be an affirmative defense in any proceeding involving
the lack of a certificate of occupancy, or the validity of a certificate of occupancy
that all of the following circumstances are present:
Residential Occupancy. The affected building has residential
occupancy only.
2. C/O Issued In The Past. Every certificate of occupancy for the
building required in the past was, in fact, duly issued.
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Wo 01ta-tLye- ■ there
Section 4. Clause (8).g. l of Subsection 6 -21 (e) of the Code of
Ordinances of the City of West University Place, Texas is hereby amended to read
as follows (deleting the word "strict "):
Neither the Building Official nor any other officer, agent or
employee of the City has any power or authority to change
or vary any applicable regulations or to waive compliance
with them; and
Section 5. Section 6 -8 (relating to "certain defenses and exceptions ")
of the Code of Ordinances of the City of West University Place, Texas is hereby
amended by adding thereto a new paragraph (3), which shall read as follows:
Section 6. Subsection (h) of Section 6 -3 of the Code of Ordinances of
the City of West University Place, Texas is hereby amended to read in its entirety
as follows:
(h) Temporary fencing. It shall be the duty of each person who
applies for a permit for any pre - development activity or major development to
provide temporary fencing in accordance with this subsection during all times
when the permit is in effect and for so long thereafter as the site is affected by ']• re-
development or construction activity. The temporary fencing must meet all of tla-
following criteria:
(1) Enclose sides and rear. It must fully enclose the rear of the
site and the sides up to the sidewalk (subject to any restriction to the contrary in
the zoning ordinance).
(2) Sidewalks. The temporary fencing ma.y also enclose the
sidewalk area_ but only to the extent reasonahly necessary to reduce the rkk of
hazards to pedestrians or other sidewalk users
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(3) Height; other fences. The temporary fencing must be at
least five and one -half (5.5) feet high , and it may incorporate any pre- existing or
new fencing on the site, but it may not incorporate any fencing off the site,
regardless of who owns the fencing.
(4) Demolition, building moving. In the case of demolition or
buildin.g moving, the temporary fencing must fully enclose the whole work area
from the time that substantial work starts until the time the area is restored to a
safe condition.
No separate fence permit is required for such a temporary fence erected in
connection with pre- development activity or a major development for which a
permit is in effect.
Section 7. All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of the conflict only.
Section 8. 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 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 9. 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 10. This ordinance shall take effect on the tenth day following
its publication, as prescribed by the City Charter.
PASSED AND APPROVED ON FIRST READING, this
day of ' , r4 - yw , 1993.
Voting Aye:
Voting Nay:
Absent:
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PASSED AND APPROVED ON SECOND READING, this lee ay of
199V
Voting Aye.
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Voting Nay:
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Absent:
Signed:
Ell z4t�tx--
Bill Watson
Mayor
AIVRO D AS TO FORM:
James L. Dougherty, Jr.
City Attorney