HomeMy WebLinkAboutORD 2023-72 - UDC Amend Fence HightORDINANCE NO. 2_O?,3 72-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING SECTION 8.07.040 OF THE UNIFIED
DEVELOPMENT CODE (UDC) RELATING TO THE MAXIMUM
ALLOWABLE HEIGHT FOR FENCES CONSTRUCTED WITHIN A FRONT
YARD OR SIDE STREET SETBACK WITHIN THE OLD TOWN HISTORIC
OVERLAY DISTRICT; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 11, 2003, the City Council of the City of Georgetown, Texas,
adopted a set of comprehensive development regulations known as the Unified Development Code
("UDC") via Ordinance No. 2003-16, which codified various zoning and subdivision standards;
and
WHEREAS, the City adopted Ordinance No. 2015-48 on September 22, 2015, to establish
standards for residential fences located within a front yard or side setback within Old Town; and
WHEREAS, Section. 8.07.040.A.1 states fences up to four foot in height for single-family,
two-family, and townhome uses are allowed within a front yard or side setback abutting a local or
collector -level street, however, when the fence is constructed on property within the Old Town
Overlay District it is limited to three feet in height; and
WHEREAS, the maximum allowable height for residential fences within front yards and
street side setbacks in Old Town adopted in the UDC is less than the maximum allowable height
recommended for fences located within the same areas adopted Historic District Design Guidelines
which necessitates an amendment to ensure there is consistency in the regulations applicable within
the Old Town Historic Overlay District; and
WHEREAS, pursuant to Resolution No. 082223-5G, the City Council found that revisions to
revising the maximum allowable height for fences within front and street side yards in the Old
Town Overlay Historic District is an emergency pursuant to UDC Section 3.05.030.B because
waiting for the annual UDC review process is not in the best interest of the City; and the UDC
does not provide other avenues to address the proposed revision; and
WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the
proposed amendments at their November 7, 2023 regular scheduled meeting and recommended to
the City Council approval of the amendments.
ORDINANCE NO. UZ3 ` _ - PAGE 1 OF 2
DESCRIPTION: UDC Amendment — Old Town Fence Height Exhibits -
DATE APPROVED: December 12, 2023
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1: The facts and recitations contained in the preamble of this Ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance
implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and
further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other
policies or provisions of the 2030 Comprehensive Plan.
SECTION 2: Section 8.07.040 of the UDC is hereby amended to read as shown in Exhibit A.
SECTION 3: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 4: If any provision of this Ordinance, or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are hereby declared to be severable.
SECTION 5: The Mayor is hereby authorized to sign this Ordinance and the City Secretary to
attest. This Ordinance shall become effective in accordance with the provisions of State Law and
the City Charter of the City of Georgetown.
APPROVED on First Reading this 28th day of November 2023.
APPROVED
THE CITY
Josh Sc
Mayor
ADOPTED on Second Reading this 121h day of December 2023.
GETOWN: ATTEST:
l
Robyn nsmore, TRMC
City Secretary
APPROVED AS TO FORM:
d—�
S y Masson
City Attorney
ORDINANCE NO. PAGE 2 OF 2
Exhibits -
�% Ii ! Z-
DESCRIPTION:
UDC Amendment - Old Town Fence Height
DATE APPROVED:
December 12, 2023
Sec. 8.07.040. Residential Fences.
Fences for single-family, two-family and townhome uses are allowed in accordance with the following provisions:
A. Fences located in a front yard or a side setback abutting a local or collector -level street are allowed
with the following limitations:
1. Fences shall be limited to four feet in height , except -in -the OWT-own-Overlay-District -where -he ight is
limitcc]-lo three -Met:
2. Fences shall be at least 50 percent (50%) transparent. For example, a wrought iron fence or picket
fence that has openings the width of the picket.
3. Chainlink fences are prohibited in these locations.
B. Fences in all other locations are allowed with the following limitations:
1. Fences located in a rear setback abutting a local or collector -level street are allowed with the
limitations in this Section, but shall be set back a minimum of ten feet. If seeking to replace an
existing fence that would not comply with this setback, the new fence may be constructed in the
existing location, unless located in a right-of-way or in conflict with utilities, sight triangle, etc.
2. Fences shall be limited to six feet in height, but may be increased to a maximum of eight feet in
height in the following circumstances:
a. If the adjacent use is non-residential, in which case only a fence on the property line
abutting the non-residential use may be allowed the increase in height.
b. If the fence is located in the rear yard not adjacent to a street right-of-way and has the
consent of both property owners.
C. If the fence is more than fifty percent (50%) transparent overall or one hundred percent
(100%) transparent above six feet.
d. If the fence is placed is in a location where the topography of the land dictates the need for
additional height for privacy, at the discretion of the Building Official.
e. If the fence is adjacent to a roadway where the right-of-way width is greater than 120 feet.
f. Reserved.
g. For fences that would not meet the above circumstances, the Director may consider a
request for an Administrative Exception, as described in Section 8.07.080.
3. Fences directly abutting public alleys shall be limited to five feet in height.
C. Barbed wire fences are not allowed on lots of less than two acres.
D. Sports fencing is allowed only in rear yards and set back from all property lines at a distance that is
multiplied by one and one-half times the height of the sports fence. The sports fence shall be a
maximum height of 15 feet.
E. For fences that would not meet the above circumstances, the Director or Building Official may consider
a request for an Administrative Exception, as described in Section 8.07.080.
(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015)
(Supp. No. 11)
Page 1 of 1
Created: 2023-03-27 12:05:53 [EST]