HomeMy WebLinkAbout06-24-09 Special Called Meeting,Public Hearings,and Workshop Meeting of the La Porte Planning and Zoning Commission
Planning and Zoning Commission
Minutes of June 24, 2009
Members Present:
Hal Lawler, Dottie Kaminski, Les Bird, Nick Barrera, Doretta Finch, Kirby
Linscomb Jr., and David Janda (Alt 1).
Members Absent:
Paul Berner, and Lou Ann Martin (Alt 2).
City Staff Present:
City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning
Assistant, Shannon Green.
Others Present:
1. Call to Order.
Meeting called to order by Chairman Hal Lawler at 6:28 p.m.
2. Consider Approval of the May 21, 2009, regular meeting minutes.
Motion by Dottie Kaminski to approve the regular meeting minutes of May 21, 2009. Second by
Nick Barrera. The Motion carried.
Ayes:
Hal Lawler, Dottie Kaminski, Les Bird, Nick Barrera, Doretta Finch, Kirby
Linscomb Jr., and David Janda (Alt 1).
None
None
Nays:
Abstain:
3. Open public hearing to receive input on General Plan and Special Conditional Use Permit
#SCU09-002 for property located along McCabe Road and State Highway 146, further described
as 107:t acre tract in the W.P. Harris Survey, Abstract 30; La Porte, Harris County, Texas. Eddie
Dutko, General Partner, Land Holding Corporation, seeks approval of a General Plan and Special
Conditional Use Permit for development of the Preserve at Taylor Bayou within a Planned Unit
Development (PUD) zone.
Chairman Hal Lawler opened the public hearing at 6:38 p.m.
A. Staff Presentation
Masood Malik, City Planner presented staff's report.
B. Proponents
David Brown, representative of Developer Eddie Dutko spoke in favor of the project. Mr.
Brown presented a brief overview of the Dodson Drainage Report.
Paul Manley, Developer Agent; spoke in favor of the project and addressed drainage
concerns of the residents and Commission.
C. Opponents
James Livingston, resident of 815 Hackberry, voiced his concern of the size of the
discharge pipe and the drainage to Taylor Bayou.
Frankie Livingston, resident of 815 Hackberry, voiced her concern with the lack of
information provided to the residents of Shady River.
Lawrence Maher Jr., resident of 3102 Silver Springs, voiced concern with the mechanics of
the drainage, the height of the pipe, and with Bayshore Elementary draining to the same
bayou could the bayou handle the load.
John Sheffield, resident of 1035 Oak Leaf, feels the bayou is inadequate for this size
project. Mr Sheffield showed Commission a picture of his yard flooded from a heavy rain in
April '09.
Planning and Zoning Commission
Minutes of June 24, 2009
Page 2 of 3
Leo Rodriguez, resident of 923 Hackberry, spoke against the project for fear of his home
flooding.
Frank Sawberger, resident of 814 Oak Leaf, thanked the Commission for the chance to
speak. Mr. Sawberger voiced his concern with the size of the pipe and possible flooding of
his house.
Gerald Metcalf, resident of 3015 Bayou Drive, and president of the Shady River Association
spoke against the project. Mr. Metcalf voiced concern of the Association about the size of
the pipe and Bayshore Elementary draining to the same route.
Deanne Thompson, resident of 3114 Lazy Pine, voiced her concerns with the flooding of
her home and with increase in traffic on McCabe Road. Ms. Thompson does not feel there
is a need for this type of housing in this area. Ms. Thompson also inquired as to how much
rain the detention pond would actually hold before it ran toward the outfall pipe to Shady
River.
Paul Cook, resident of 3110 Lazy Pine, is concerned with the type of privacy fence being
considered and feels it would not be sufficient.
D. Proponents Rebuttal
David Brown, representative of Developer Eddie Dutko, addressed some of the
concerns from the opponents.
4. Close public hearing.
Chairman Hal Lawler closed the public hearing at 7:50 pm.
5. Consider recommendation to City Council regarding General Plan and Special Conditional
Use Permit #SCU09-002 for development of 107:t acre tract within PUD zone, located along
McCabe Road and State Highway 146.
Motion by Les Bird to table a recommendation to City Council regarding the General Plan and
Special Conditional Use Permit #SCU09-002 for development of 107:t acre tract within PUD zone,
located along McCabe Road and State Highway 146. Second by David Janda. The Motion failed.
Ayes:
Nays:
Abstain:
Les Bird and David Janda (Alt 1).
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, and Kirby Linscomb Jr.
None
Motion by Nick Barrera to recommend to City Council denial of the General Plan and Special
Conditional Use Permit #SCU09-002 for development of 107:t acre tract within PUD zone, located
along McCabe Road and State Highway 146. Second by Kirby Linscomb Jr. Motion carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, and Kirby Linscomb Jr.,
and David Janda (Alt 1).
None
Les Bird
Nays:
Abstain:
Chairman Hal Lawler called for a break at 8:11 pm.
Chairman Hal Lawler re-convened the meeting at 8:20 pm.
6. Open workshop to discuss fence requirement, height and placement.
Chairman Hal Lawler opened the workshop at 8:21 pm.
Masood Malik, City Planner gave staff's report.
Planning and Zoning Commission
Minutes of June 24, 2009
Page 3 of 3
Commission agreed to the following:
· Add fence requirements, proper repair & maintenance provision for Mobile Home Parks.
· Fence height of maximum 8ft. for residential and commercial district.
· Fence setback in commercial & industrial districts was postponed.
7. Close workshop.
Chairman Hal Lawler closed the workshop at 9:28 pm.
8. Administrative Reports
No report.
9. Commission comments
David Janda commented on how great the city's new website looked.
10. Adjourn
Chairman Hal Lawler adjourned the meeting at 9:29 pm.
Sh non Green
Planning Assistant
Approved on this I ~ day of ~, 2009.
0/0S1~
Hal Lawler
Chairman, Planning and Zoning Commission
Zoning Ordinance Amendment
Domestic Livestock
Exhibits
A.StaffReport
B. Section 106-331
C.Section 106-742
D.Section 34-126, Article IV
Staff Report
July 16, 2009
Domestic Livestock
Back2round:
City Council has directed the staff and the Planning and Zoning Commission to consider
the land ratio with the number of animals allowed per acre in La Porte. The purpose is to
justify the provisions of the current ordinance and to provide clarification. Currently two
grazing animals are allowed per acre and an owner must have one acre.
Staff analyzed the situation, researched, and checked with the neighboring cities and
presenting this item to the Planning and Zoning Commission for discussion and further
guidance to Staff for possible changes to the Code of Ordinances relating to the keeping
of domestic livestock in La Porte.
Existinl! Requirements:
Section 106-742 of the Code of Ordinances allows for two grazing animals (cows, horses,
hogs, sheep, goats etc.)
Analvsis:
Staffs research shows that neighboring cities regulate livestock operations in
agricultural and conservation zones, and prohibit the keeping of livestock in residential
zones. Some cities have different requirements for different types of animals.
City Minimum No. of No. of Buffer Zone - Minimum
Acreage Animals Fowl distance from other
residence or dwellin2
L a Porte 1 2 n/a 25ft
Deer Park 5 2 12 150ft
B~own n/a n/a n/a 300ft
League City 5 4 n/a 50ft
Webster 2 n/a 100 250ft
Friendswood 5 2 n/a 100ft
Pasadena 10 n/a n/a 50ft
EXHIBIT A
Planning & Zoning Commission
July 16,2009
Page 2 of2
Residential land uses involving horses and other animals which are kept and bred
primarily for personal use and recreation, however, are acceptable in large lot (LL)
residential district with some appropriate controls.
As per Section 106-742 ofthe City's Code of Ordinances, cattle, horses, hogs, sheep,
goats, chickens, and geese are identified as domestic livestock and are permitted
accessory use on lots in excess of one acre. Grazing animals such as sheep, goats, hogs,
cows, and horses may be kept in a concentration that is less than or equal to two per acre.
However, no specific concentration of fowl is established. But, the requirements of
Section 34-126 of the Code of Ordinances (health hazard prevention) shall be applicable.
At the June 8, 2009, City Council meeting, staff presented this as a workshop item.
Several residents from Lomax area were in attendance and their representative presented
the following suggestions:
Section 106-742. Recreational Livestock
(a) To define and allow recreational livestock (cattle, horses, sheep, goats) as a
permitted accessory use on lots in excess of 43,560 square feet, provided that
recreational livestock are cared for and maintained in accordance with state laws
regarding animal welfare. In the event of recreational livestock, no specific
concentration is established herein, but requirements of section 34-126 et. Seq.
shall apply in any event.
(b) To consider reducing the buffer requirement for grazing livestock
It is staffs opinion that Planning and Zoning Commission should hold a public hearing
first to solicit and clarify input from the residents and then staff will draft regulatory
changes for their review. Based upon the input and research, staff will draft a proposed
ordinance amendment for the Commission's review and subsequent recommendation to
City Council at the next public hearing.
ACTION BY THE COMMISSION
1. Conduct Public Hearing
2. Discuss the Issue
3. The Commission may elect to:
;.. Direct Staff to develop recommendation after public hearing
;.. Make recommendation to City Council at the next meeting
ZONING
S 106-331
District
Symbol
District
R-1 Low density residential
R-2 Mid density residential
R-3 High density residential
LL Large lot district
MH Manufactured housing district
NC Neighborhood commercial district
GC General commercial district
CR Commercial recreation district
BI Business-industrial park district
LI Light industrial
HI Heavy industrial
PUD Planned unit development district
(Ord. No. 1501-T4, S 6(Exh. F), 10-24-05)
Sees. 106-310-106-330. Reserved.
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS*
Subdivision 1. Generally
Sec. 106-331. Table A, residential uses.
P (ABC)-Permitted uses (subject to designated criteria established in section 106-334).
P-Permitted uses.
A-Accessory uses (subject to requirements of section 106-741)
C-Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-334 as determined by the planning and
zoning commission).
*-Not allowed.
Uses (SIC Code #) Zones
R-l R-2 R-3 MH LL
Agricultural production, (011-019 crops) P P P P P
Agricultural production, (027 animal spe- C * * * C
cialties - breeding or sale)
*Cross reference-Sale of beer prohibited in residential areas of the city, S 6-77.
SUpp. No. 13
CD106:43
EXHIBIT B
~ 106-331 LA PORTE CODE
Uses (SIC Code #) Zones
R-l R-2 R-3 MH LL
Bed and breakfast as defined by section C C C * C
106-1
Breeding kennels, private stock, limited A A C C A
to dogs and cats, large lot residential
Boarding kennels * * * * P
Domestic livestock-Large lot A A A A A
Industrialized housing on a permanent P P P p* P
foundation
Single-family dwelling, detached P P P P P
Single-family dwelling, special lot * P P P *
Single-family dwellings, zero lot line (pa- * P P * *
tio homes, etc.)
Duplexes, double bungalows (two-family * P P * *
dwelling units)
Townhouses * P(I) P(I) * *
Conversion of single-family dwellings to * P P * *
duplexes (or no more than two-family
dwellings)
Tri-plexes and quadraplexes (three and * P(I) P(I) * *
four-family dwelling units)
Multi-family (more than four dwelling * * P(I) * *
units)
3--4 unit multifamily dwellings * P P * *
Multifamily (over 4 units) * * P * *
Modular housing on a permanent founda- P P P P P
tion system as defined in section 106-1
Manufactured housing subdivisions re- * C C P *
stricted to H.D.D. certified mobile homes;
min. width 20 feet, min. shingled roof
pitch 3:12, permanent foundation system;
siding similar to surrounding residential
Manufactured housing subdivisions (re- * C * *
stricted to H.D.D. certified mobile homes
on permanent foundation systems)
Supp. No. 13
CD106:44
ZONING ~ 106-331
Uses (SIC Code #) Zones
R-l R-2 R-3 MH LL
Manufactured housing parks * * * P(F, *
D)
Manufactured housing * * * P *
Group care facilities no closer than 1,000 * * C * *
feet to a similar use (836)
Childcare home in private home (services P P P P P
no more than 6)
Daycare centers (services more than 6) * P P P *
(835)
Freestanding on-premises identification See article VII of this chapter
sign; townhouses, multi-family develop-
ments, group care facilities, subdivisions,
education and religious facilities
Residential PUD (refer to section 106- * C C C *
636)
Public parks and playgrounds P P P P P
Recreational buildings and community cen- C P P P C
ters (832)
Religious institutions (866) C P(AB) P(AB) P(AB) C
Public or private educational institutions C P P P C
limited to elementary, junior and senior
high (8211)
Junior colleges and technical institutes * C P * *
(8222)
Boardinghomes (7021) * P P * *
Civic, social and fraternal organizations * * C * *
(8641)
Convalescent homes, sanitarium, nursing * * P * *
or convalescent homes (805)
Private garages, carports and off-street A A A A A
parking (associated with residential uses)
Storage of recreational vehicles or boats A A A A A
Storage of equipment in an accessory build- A A A A A
ing or behind a screening device
Supp. No. 13
CD106:45
~ 106-331 LA PORTE CODE
Uses (SIC Code #) Zones
R-l R-2 R-3 MH LL
Home occupations A A A A A
Noncommercial greenhouses A A A A A
Noncommercial recreation facilities asso- A A A A A
ciated with residence
Toolhouses, sheds, storage building (non- . A A A A A
commercial associated with residence)
Boarding or renting of rooms (1 person A A A A A
max.)
Off-street loading (refer to section 106- * * * * *
840)
Off-street parking (refer to See article VI A A A A A
of this chapter)
Petroleum pipelines (restricted to exist- P P P P P
ing pipeline corridors)
Residential density bonus, as provided in C C C C C
section 106-334(g)
Secondary dwelling units C P P * C
(Ord. No. 1501-JJ, ~ 6, 10-14-02; Ord. No. 1501-T4, ~ 6(Exh. F), 10-24-05)
Sec. 106-332. Interpretation and enforcement.
Property uses, except as provided for by section 106-331, Table A, are prohibited and
constitute a violation of this chapter.
Supp. No. 13
CD106:46
ZONING
~ 106-744
(h) Reserved.
(i) No accessory uses or equipment except for air conditioning structures or condensers may
be located in a required side yard except for side yards abutting streets where equipment is
fully screened from view.
(j) Large lot district. Refer to section 106-416, special regulations.
(Ord. No. 1501-T4, ~ 6(Exh. F), 10-24-05; Ord. No. 1501-B-5, ~ 6(Exh. F), 5-8-06)
Sec. 106-742. Domestic livestock.
(a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a
permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic
livestock as defined above be restrained no closer than 25 feet from property that is not devoted
to the keeping of domestic livestock, and provided further that said domestic livestock be kept
in a concentration that is less than or equal to:
(1) Two cows per acre.
(2) Two horses per acre.
(3) Two hogs per acre.
(4) Two sheep or goats per acre.
(b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs,
cows, or horses) shall be cumulative. In the event of fowl, no specific concentration is
established herein, but in no event, shall the cumulative concentration of fowl be such as to
create a health hazard. The requirements of section 34-126 et seq. shall apply in any event.
(c) The keeping oflivestock or fowl for the purpose of breeding for sale, whether engaged in
as a primary or accessory activity, shall be considered a conditional use as specified by section
106-331, Table A.
Sec. 106-743. Breeding kennels (dogs and cats only).
Breeding kennels for dogs and cats only, are a permitted accessory use on lots in excess of
43,560 square feet, provided that all of such kennels are licensed according to section 14-81 et
seq., and any amendments or additions thereto. Provided further that all animals must be
boarded in enclosures located no closer than 100 feet from any property line. The requirements
of section 34-126 et seq., and any amendments or additions thereto shall apply in any event.
Sec. 106-744. Bed and breakfast.
(a) A bed and breakfast shall be operated by resident homeowners.
(b) A bed and breakfast shall conform to the requirements of section 106-334.
(c) Parking shall be provided in accordance with the requirements of section 106-839.
Supp. No. 14
CD106:83
EXHIBIT C
ENVIRONMENT
~ 34-126
ARTICLE IV. UNSANITARY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES*
Sec. 34-126. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Any and all other objectionable, unsightly or insanitary matter of whatever nature means all
uncultivated vegetable growth, objects and matters not included within the meaning of the
other terms as defined in this section, which are liable to produce or tend to produce an
unhealthy, unwholesome or insanitary condition to the premises within the general locality
where such conditions are situated, and shall also include any species of ragweed or other
vegetable growth which might or may tend to be unhealthy to individuals residing within the
general locality of where such conditions are situated.
Brush means all trees or shrubbery under seven feet in height which are not cultivated or
cared for by persons owning or controlling the premises.
Lot or parcel of real estate (in addition to the ground within its boundaries) means all ground
lying and being adj acent to and extending beyond the property line of such lot or parcel of real
estate to the curbline of adjacent streets, where a curbline has been established, and 14 feet
beyond the property line where no curbline has been established on adjacent streets, and also
to the center of adjacent alleys.
Nuisance means whatever is dangerous to human health or welfare, or whatever renders
the ground, water, air or food a hazard or an injury to human health.
*State law reference-Notice to remove insanitary, unsightly, etc., conditions, VT.C.A.,
Health and Safety Code ~ 342.001 et seq.
EXHIBIT 0
Supp. No. 10
CD34:8.5
Zoning Ordinance Amendment
(Fences)
Exhibits
A. Staff Report
B. Draft Ordinance
C. Sketches
Staff Report
July 16, 2009
Fences
Zoning Ordinance Amendments
Backe:round
City Council directed staff to consider the fencing requirements, height and placement for
residential, commercial, and industrial zoning districts as stated in Chapter 106 of the
Code of Ordinances. At issue are fence requirements for mobile home parks, height limit
and placement of fences on the property line within the landscape portion or front
building setback line of commercial & industrial establishments.
Existine: Requirements:
Definitions:
Fence: a manmade structural barrier erected on or around a piece of property or any
portion thereof
MH Park: manufactured housing park means a development under single ownership
intended for the rental or leasing only of manufactured housing units.
Regulations:
· No fences are permitted within any front yard areas except in the case of Large Lot
Residential Lots (> I-acre) or in the case of lots with a front yard directly adjacent to
the shoreline of Galveston Bay.
· Side and rear yard fences with six (6) feet excluding six-inch rot boards are
permitted
· Manufactured housing parks are permitted in Manufactured housing district (MH)
with special use performance standards and footnotes 'd & f' as listed in Section I 06-
334 of the Code of Ordinances. Footnote 'd' denotes obtaining required license and
file with the City, while footnote l' represents housing criteria with illustrations.
However, fencing is not required for manufactured housing parks.
· Property line fences in any industrial district shall not exceed eight (8) feet in height.
· Fences in commercial and industrial zones which are primarily erected as a security
measure may have arms projecting into the applicant's property on which barbed
wire can be fastened commencing at a point at least seven feet above the ground, and
such fence shall not be erected within the required landscaped portion of any yard or
the front yard setback of any commercial or industrial establishment. EXH I B' T A
Fences
Zoning Ordinance Amendment
Page 2 of3
Analvsis:
· The Zoning Board of Adjustment hears variance requests for height and fences
located at the property line in the front yard setback. Staff habitually sees these
developments within commercial/industrial zoning districts, where fences are
erected for security purposes.
· Another issue is the fence requirement and its proper maintenance by the owner
or developer of manufactured housing parks. Per Section 106-334, special use
performance standards; residential, screening is required for manufactured
housing parks from abutting uses. However, a reference of fence is omitted from
the criteria. In addition, Section 106-795, maintenance of fences, does not
authorize City officials to enforce these regulations.
· Staff analyzed the situation to determine an equitable way to possibly alter the
zoning criteria to maintain the intent of the ordinance while alleviating the need
for ZBOA to hear additional cases for variances.
Results of research by the Planning Advisory Services subsidiary of the American
Planning Association on the neighboring cities are shown in the table below:
Ci~ Minimum Maximum
Deer Park 6'5" 8'
Pasadena 6' 7'
Baytown 6' 8'
League City 6'
Friendswood 8'
Pearland 8'
Recommended Requirements:
Residential:
· Allow fences of eight (8) feet high maximum, including six-inch rot board.
· Add fencing as required element for manufactured housing criteria per Section
106-334 (f) of the Code of Ordinances. However, this will be applicable for future
manufactured housing parks if any proposed or established in the City.
· Amend & add language to Section 106-795;
o Fences must be maintained in good condition, replace fences when
destroyed accidentally or by natural disaster, and grass/ground cover
adjoining the fence must be mowed and weeds removed on regular basis.
o Perimeter fences or masonry walls shall be maintained and repaired by the
developer, owner/agent, and homeowner association or the management
2
Fences
Zoning Ordinance Amendment
Page 3 of3
company of a subdivision. In addition, 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.
Commercial/Industrial:
· Maximum height remains eight (8) feet in any industrial districts.
· Staff recommends erection of fences at minimum five (5) feet setback from the
front property line in the commercial and industrial zoning districts subject to
sight visibility and entrance gate shall be setback at minimum 20' from the front
property line (see sketches attached).
Conclusions/
Recommendations:
Staff presented this as a workshop item at the Planning and Zoning Commission's June
24,2009, meeting. The above stated recommendations are based on Planning Department
staff's research and direction provided by the Commission. Staff recommends approval
of the ordinance amendments.
Actions available to the Commission are as follows:
· Recommend to Council, approval of the above amendments pertaining to fences.
· Recommend to Council, approval of a revised version of the above stated.
· Recommend to Council, denial of the proposed amendments.
· Table this item for further consideration by the Commission.
3
.LA PORTE CODE
S 106-334
(e) Compatible alterations and adequate parking. Adequate parking as required by article VI of
this chapter must be provided on the lot and not within any required front yard. Any exterior
alterations must be compatible with the existing structure, and the surrounding neighborhood.
(f) Manufactured housing criteria (manufactured housing parks only). A preliminary certified
site plan must be submitted simultaneously with the submissions required in the mobile home
park ordinance of the city and the city development ordinance, that illustrates compliance with
the following:
(1) Legal description and size in acres of the proposed manufactured housing park. Such park
shall not be less than five acres.
(2) Locations and size of all manufactured housing sites, dead storage area, recreation areas,
laundry drying areas, roadways, parking sites, and all setback dimensions (parking areas,
exact manufactured housing sites, etc.).
(3) Preliminary landscaping plans and specifications.
(4) Location and width of sidewalks.
(5) Plans o~ sanitary sewer disposal, surface drainage, water systems, electrical service, and
gas servIce.
(6) Location and size of all streets abutting the manufactured housing park and all driveways
from such streets to the manufactured housing park.
(7) Preliminary road construction plan.
(8) Preliminary plans for any and all structures.
(9) Such other information as required or implied by these standards or requested by
public officials.
(10) Name and address of developer or developers.
(11) Description of the method of disposing of garbage and refuse and location of approved
solid waste receptacles.
(12) Detailed description of maintenance procedures and ground supervision.
(13) Details as to whether all of area will be developed or a portion at a time.
(14) Density intensity regulations in compliance with Table B, residential.
(15) Compliance with the required number of off-street parking spaces.
(16) All private streets shall be a minimum of28 feet wide and constructed in accordance
with the public improvements criteria manual. The layout of such private streets shall
be subject to approval by the fire chief, to ensure adequate emergency access.
EXHIBIT B
(17) All manufactured housing shall have a minimum frontage of 20 feet on public or
private streets.
(18) Perimeter Fence wooden or masomy required.
LA PORTE CODE
~ 106-773
(2) Construction and landscaping material currently being used on the premises;
(3) Off-street parking of passenger vehicles and light trucks, as defmed in this
chapter;
(4) Firewood, compost, or residential lawn and garden tools.
Sees. 106-774-106-788. Fteserved.
DIVISION 4. FENCING AND LANDSCAPING REQUIREMENTS
Sec. 106-789. Fence Materials.
Allowable fence material shall include wood pickets, chain link, masonry, and wrought
iron. Any other materials are subiect to approval by the Director of Planning.
Sec. 106-790. Subdivision Perimeter Fences.
Perimeter fences shall not exceed eight feet (8') in height for recorded subdivisions that
exceed five (5) acres regardless of the number of subdivision lots. Materials shall be limited to
wood fences with brick base and columns and solid brick fences. Any other materials are subiect
to approval by the Director of Planning.
Sec. 106-791. Front yard areas.
No fences, structures, grading, or barrier hedges shall be permitted within any front yard
areas except in the case of large lot residential lots, or in the case of lots with a front yard directly
adjacent to the shoreline of Galveston Bay, as provided in section 106-792.
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 not 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.
Sec. 106-793. Fences in side and rear yards.
Within side yards and rear yards, fences of not higher than eight s* feet including
excluding six-inch rot boards and walls 42 inches high or less shall be permitted.
Sec. 106-794. Fences and trees on utility easements.
Fences or trees placed upon utility easements are subject to removal at the owner's
expense if required for the maintenance or improvement of the utility. Trees on utility easements
containing overhead wires shall not exceed ten feet in height.
Sec. 106-795. Maintenance of fences.
Both sides of the fence itself must be maintained in good condition by the owner of the
fence and grass/ground of cover adioining the fence must be mowed and weeds removed on a
regular basis.
Perimeter fences or masonry walls shall be maintained and repaired by the developer,
owner/agent. and homeowner association or the management company of a subdivision. In
addition, 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.
Sec. 106-796. Barbed wire fences.
Barbed wire fences shall not be permitted, used or constructed except III industrial
districts or to control livestock as hereinafter provided.
Sec. 106-797. Property line fences in commercial and industrial districts.
Property line fences in any commercial and industrial district shall not exceed eight feet
in height except that:
(1) Fences erected along a property line in common with a residential district shall be
subject to the provisions herein described in residential district fences; and
(2) Fences in commercial and industrial zones which are primarily erected as a
security measure may have arms projecting into the applicant's property on which
barbed wire can be fastened commencing at a point at least seven feet above the
ground, and such fence shall flat be erected within the required landscaped portion ef
any yard or the front yard on minimum five (5) feet setback from the front property
line of any commercial or industrial establishments subiect to sight visibility and
entrance gate shall be setback at minimum 20' from the front property line.
Existing Fence Provision for Commercial &
Industrial Zoning District
10'B.L.
o
o
o
o
o
o
o
00000000000
o
o
o
20' B.L. 8
o
0000000
STREET (R.O.W.)
EXHIBIT C
Proposed Fence Provision for Commercial &
Industrial Zoning District
10' B.L.
o
o
0----------
o
o
o
o
00000000000
Gate
5' WIDE PLANTING STRIP
0000000
STREET (R.O.W.)