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Home My WebLink AboutO-2009-3173 fence requirements for mobile home parks 7/8 REQUEST FOR CITY COUNCIL AGENDA ITEM Aoorooriation Agenda Date Requested: Au!!ust 24. 2009 Source of Funds: NA Requested By: Tim Tietiens Account Number: NA Department: Plannin!! Amount Budgeted: NA Report: _Resolution: _Ordinance:_X_ Attachments: Draft Ordinance Ordinance SUMMARY City Council directed staff to conduct a review of fence requirements for mobile home parks and to suggest fence height for residential and commercial zoning districts. On June 24, 2009, the Planning and Zoning Commission held a workshop where staff presented an overview of the provisions mandated by the current City ordinances, similar approaches adopted by the neighboring cities, and shared the results of the research by the American Planning Advisory Services regarding fences. Last year, there was a wooden fence at the perimeter boundary of the Pecan Plantation Mobile Home Park. Since Hurricane Ike, it has not been replaced by the owner or management company of the park. Several residents of the park raised concerns about the privacy, noise, and traffic impacts due to lack of fencing around the mobile home park. Other potential issues before the City's Zoning Board of Adjustment are variances for fence height and location in the front yard setback. After Hurricane Ike, some residents rebuilt their fences between seven to eight feet high. A few residents requested variances while a few cases are still pending for a decision by the Board. Fence height is recommended to be eight (8) feet high maximum including six-inch rot board. In addition, 8' high perimeter fence, for recorded subdivisions that exceed five (5) acres regardless of the number of subdivision lots, is also proposed. However, maximum height remains eight (8) feet for industrial districts. It is also recommended that fencing be a required element for manufactured housing criteria. However, this will be applicable for future manufactured housing parks. To resolve on-going fence maintenance issues, an enforcement clause is proposed requiring fences be maintained in good condition and be replaced when destroyed. Staff, with guidance from the Planning and Zoning Commission, reviewed possible amendments to the Zoning Ordinance (Chapter 106). After a public hearing at the July 16,2009, meeting, the Planning and Zoning Commission, by unanimous vote, recommended the above amendments to the Zoning Ordinance related to fences. Action Reauired bv Council: 1. Conduct a Public Hearing. 2. Consider Planning and Zoning Commission's recommendation for proposed amendments to the Zoning Ordinance related to fences. Ron Bottoms, City Manager ORDINANCE NO. --3.1 '1 ? AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III, "DISTRICTS", DNISION 2, "RESIDENTIAL DISTRICT REGULATIONS", SUBDIVISION 1. "GENERALLY", SECTION 106-334, "SPECIAL USE PERFORMANCE STANDARDS; RESIDENTIAL", SUBPARAGRAPH "f', "MANUFACTURED HOUSING CRITERIA (MANUFACTURED HOUSING PARKS ONLY)", BY AMENDING ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS", DNISION 4, "FENCING AND LANDSCAPING REQUIREMENTS"; BY ADDING SECTION 106-789, "FENCE MATERIAL" AND SECTION 106-790, "SUBDIVISION PERIMETER FENCES", AND AMENDING SECTION 106-792, "LARGE LOT RESIDENTIAL LOTS", 106-793, "FENCES IN SIDE AND REAR YARDS", AND SECTION 106-795, "MAINTENANCE OF FENCES ON THE SINGLE-FAMILY DWELLINGS AND MANUFACTURED HOUSING PARKS"; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III, "Districts", Division 2, "Residential District Regulations", Subdivision 1, "Generally", Section 106-334, "Special Use Performance Standards; Residential", subparagraph "f', "Manufactured Housing Criteria (Manufactured Housing Parks Only)", is hereby amended by adding new provision "18", to be added in proper numerical sequence, and to read as follows: "(18) Perimeter Fences Required- Minimum six feet in height, opaque materia1." Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 3. "Area Requirements" is hereby amended by amending Section 106-774 -106-790 "Reserved", which shall read as follows: "Sees. 106-774 -106-788. Reserved." Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," is hereby amended by adding new Section 106-789 "Fence Material", which shall read as follows: "Sec. 106-789. Fence Materials. Allowable fence material shall include wood pickets, chain link, masonry, and wrought iron. Any other materials are subject to approval by the Director of Planning." Section 4. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," is hereby amended by adding new Section 106-790, "Subdivision Perimeter Fences", which shall read as follows: "Sec. 106-790. Subdivision Perimeter Fences. Subdivision perimeter fences shall be required in recorded subdivisions that exceed five (5) acres. Such perimeter fences shall not exceed eight feet (8') in height. Materials shall be limited to opaque wood fences with brick base and columns and solid brick fences when subdivision backs up to major thoroughfare. The Director of Planning may approve other material that meets the intent of this section." Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," Section 106-792 "Large lot residential lots" is hereby amended to read as follows: "Sec. 106-792. Large lot residential lots. In the case of large lot residential lots, eight feet perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet front yard fences are permitted parallel and adjacent to the side lot lines. However, such fences shall be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do not permit structures, grading, or barrier hedges." Section 6. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," Section 106-793 "Fences in side and rear yards" is hereby amended to read as follows: "Sec. 106-793. Fences in side and rear yards. Within side yards and rear yards, fences of not higher than eight feet including six-inch rot boards and walls 42 inches high or less shall be permitted." Section 7. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," Section 106-795 "Maintenance of fences" is hereby amended to read as follows: "Sec. 106-795. Maintenance of fences. Both sides of the fence must be maintained in good condition by the owner of the fence and grass/ground cover adjoining the fence must be mowed and weeds removed on a regular basis. 2 Subdivision perimeter fences or walls shall be maintained and repaired by the developer, owner, owner's agent, and/or homeowner association or the management company of a subdivision. Maintenance, repair or replacement of wood or masonry fence around manufactured housing parks is the sole responsibility of the owner, its agent, or the management company." Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 9: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 11. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Texas Local Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 12. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. 'IIJJ),. PASSED AND APPROVED this the k day Of~ II sf ' 2009. CITY OF LAP E ATTEST: 3 APPROVED: lk / ?1~ Assistant City Attorney 4