Ordinance No. 1,072ORDINANCE NO. 1072
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS %
BY THE CREATION OF A NEW ARTICLE III, "BUFFER FENCING ",
SO AS TO CREATE REQUIREMENTS FOR THE ERECTION OF A PERMANENT,
OPAQUE FENCE SEPARATING STRUCTURES OTHER THAN ONE OR TWO
LIVING UNITS FROM CERTAIN RESIDENTIAL PROPERTY; PROVIDING
FOR A PENALTY NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by amending Chapter 7, "Buildings ",
by the creation of a new Article III, "Buffer Fencing ", which
shall read as follows, to -wit:
ARTICLE III. BUFFER FENCING
Section 7 -30. Where required.
Any person desiring a building permit for the construction
of a building or buildings to be used for any purpose other than
as one or two living units, shall erect a permanent, opaque fence
at least six (b') feet in height above, natural ground as a buffer
separation between such new building or buildings and (1) an
existing one or two living unit structure occupied, or capable
of being occupied, on the date the building permit is sought,
or (2) between such new building or buildings and existing
vacant property which is subject to valid and current one or
two family residential deed restrictions. It shall be unlawful
to fail to comply with this Article, and a building permit which
fails to list required fencing shall be voidable at the election
of the City.
Section 7 -31. Types of Fencing.
Fences required under the provisions of Section 7 -30 above
may be constructed of any appropriate material resonably imper-
vious to decay, rust or corrosion, and which may be securely
installed. Materials which cannot stand reasonable wind pres-
sure, or which would tend to rattle or vibrate because of such
wind pressure, are prohibited. In particular, corrugated iron
or tin as well as light grades of metal not designed for fencing
purposes are prohibited.
Section 7 -32. Required maintenance.
Fences required under the provisions of Section 7 -30 above
shall be maintained in a reasonable manner, to include replace-
ment of material which becomes decayed or the repainting of
material which requires painting for preservation purposes.
Section 7 -33. Location of fencing.
Fences required under the provisions of Section 7 -30 above
shall be constructed on the property of the building permit
applicant. Ordinarily, such fencing is to be constructed adja-
cent to the property line for which the fencing is required. In
the event the applicant desires to construct such Fence at a
location other than on the property line, no activities may be
conducted or improvements placed between such fence and the
abutting property for which the fencing is required.
Section 7 -34. Construction of Article.
Nothing in this Article shall be construed so as to require
the applicant for a building permit, as described in Section 7 -30
above, to erect a fence between property for which the permit
is sought and abutting property for which a use is made other than
as an existing one or two living unit; nor shall such Article be
construed so as to require fencing between such property and
abutting vacant, non -deed restrictive property at the time of
the building permit application.
Section 7 -35. Administration and Enforcement.
The Chief Building Inspector is hereby vested with authority
and responsibility for administering the provisions of this
Article with regard to building permit applications, as well
as the enforcement of the provisions contained herein.
Section 2: Penalty Clause: Any person who violates any
provision or provisions of this ordinance shall be punished by a fine
of not more than Two Hundred ($200.00) Dollars, and each violation
shall constitute a separate offense.
Section 3: Repealing Clause: 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 cur.ulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 4: Savings Clause: If any provision, section, excep-
tion, subsection, paragraph, sentence, clause or phrase of this ordinance
or the application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity
shall not affect the validity of the remaining provisions of this ordi-
nance or their application to other persons or sets of circumstances and
to this end all provisions of this ordinance are declared to be severable.
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Section 5: Effective Date: This ordinance shall take effect
from and after ten (10) days after its passage by the City Council.
The City Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official newspaper of
the City of Baytown at least twice within tern (10) days after its
passage.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, on this 25th day of February, 1971.
C. GLEN WALKER, Mayor'
ATTEST:
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EDNA OLIVER, City Clerk
APPROVED:
JLJ'A--�— OZ.
W LIAM R. LAUGHLIN, City Xttorney