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Page 3 of 8 <br />. Zoning Board of Adjustment • <br />Minutes of May 23, 1996 <br />• <br />Porte. Mr. Rankin further explained the applicability of the Zoning Ordinance <br />sections in question. <br />Section 10-501 of the Zoning Ordinance prohibits all front yazd fences, and then goes <br />on to indicate two limited exceptions to the absolute prohibition: <br />a. Large lot residential lots; or <br />b. Lots with a front yard directly adjacent to the shoreline of Galveston <br />Bay (as occurred in this case). <br />Thereafter, Section 10-502 describes limitations on the type of fencing allowed in the <br />case of fences within a front yard directly adjacent to the shoreline of Galveston Bay <br />(as in the instant case): <br />a. Fences shall be limited to four feet (4') in height; <br />b. Fences are only permitted parallel and adjacent to the side lot lines; <br />and <br />c. Fences are only to be constructed of chain link. <br />Nowhere does the Zoning Ordinance allow for cross fences within the front yazd. <br />However, Section 10-502 of the Zoning Ordinance indicates that front yazd fences are <br />not to be permitted on the front lot line directly adjacent to Galveston Bay. Staff <br />interprets this language to be further restrictive of the location of front yazd fences on <br />lots directly adjacent to the shoreline of Galveston Bay. Staff does not agree with <br />what appeazs to be the interpretation of this language by the applicant that such <br />language only prohibits fences crossing .directly upon the front lot line of the shoreline <br />adjacent to Galveston Bay. No ordinance language exists which agrees with the <br />applicant's interpretation. <br />Staff finds no Zoning Ordinance language that permits front yazd fences crossing <br />within front yards on Galveston Bay; Staff only finds Zoning Ordinance language that <br />prohibits fences being located within front yazds directly adjacent to the shoreline of <br />Galveston Bay, except as allowed in Section 10-502, being pazallel and adjacent to the <br />side lot lines. <br />Mr. Rankin stated that in order to have the standazd for fences parallel to Galveston <br />Bay removed, the Zoning Ordinance would have to be changed and a recommendation <br />would have to be made to the City's Planning and Zoning Commission. <br />Staff s recommendation to the Board was to deny #A96-003. <br />Chairman Bernay asked Mr. Rankin if the Planning and Zoning Commission, when <br />considering fencing along Galveston Bay, deliberated cross fencing at any point <br />between a house and the shoreline. Mr. Rankin stated there is no mention of it in the <br />Zoning Ordinance or the Comprehensive Plan. He then deferred the question to the <br />Assistant City Attorney, John Armstrong. Mr. Armstrong added that, from a <br />historical prospective, provisions for fencing along Galveston Bay were not originally <br />