As used in this article, unless the context indicates otherwise:
means any lot or tract of land within the corporate limits
of the city, and that abuts residential property.
means a permanent structure that contains each of the following
design features:
Is not less than eight feet in height or more than 14 feet in
height;
Is constructed of concrete, brick, stone, or other similar solid
opaque material;
Is of such thickness and density as to provide the equivalent
visual impediment and sound reduction as a concrete block wall; and
Is not a part of any building or structure constituting a commercial
improvement.
means any structure or building not used or intended to be
used as for residential purposes.
means any real property used for residential purposes, including
single-family, duplex, and multifamily dwellings, nursing homes, rest
homes, group care homes, and assisted living homes, or any residential
subdivision.
means any platted subdivision, on file in the plat records
of the county clerk of Harris County, Texas, and pursuant to which
the lots within the subdivision are restricted to a residential purpose
included under the definition of residential property immediately
above.
means a temporary structure, not less than eight feet in
height nor more than 14 feet in height, that provides a solid visual
barrier between any commercial improvement and a residential property.
(Ordinance 09-670, sec. 2, adopted 5/28/09; 2007 Code, sec. 16-200; Ordinance 21-909, sec. 1, adopted 11/11/21)
It shall be unlawful for any person to commence construction of a commercial improvement upon any affected property without having first erected a temporary buffering wall. For the purposes hereof, dirt removal, grading, and other site preparation prior to any construction of permanent structures shall not be deemed as commencement of construction. No building permit for construction of any commercial improvement shall be authorized until in compliance with the requirements of this article. Such temporary buffering wall shall be maintained by the applicant until completion and acceptance of the buffering wall required by section 9.05.003 below.
(Ordinance 09-670, sec. 2, adopted 5/28/09; 2007 Code, sec. 16-201)
(a)
Buffering wall required.
It shall be unlawful for any
person to occupy any affected property without having first erected
a buffering wall adjacent to the common boundary between the affected
property and any adjacent residential property. No certificate of
occupancy for a commercial improvement shall be issued until construction
of a required buffering wall is complete and in compliance with the
requirements of this article.
(b)
Location.
The buffering wall shall extend the entire
length of the common boundary between a residential property and the
affected property, or for such distance as is sufficient to obscure
the commercial activity from any location on the residential property.
Notwithstanding the foregoing, nothing herein shall be construed as
requiring the locating of a buffering wall (i) within any required
building setback area adjacent to a street as may be required by ordinances
of the city, (ii) within any required building setback area between
a commercial improvement and the street providing the primary means
of access to the facility, or (iii) within any required building setback
area adjacent to a state highway. Provided further, nothing herein
shall be construed as requiring a buffering wall across any street
or driveway necessary for reasonable access to the commercial improvement.
(c)
Maintenance.
A buffering wall shall be maintained by
the owner of the affected property upon which the buffering wall is
located for as long as the affected property is occupied.
(Ordinance 09-670, sec. 2, adopted 5/28/09; 2007 Code, sec. 16-202; Ordinance 21-909, sec. 2, adopted 11/11/21)
It shall be unlawful for any person to cause or permit the construction
or placement of any temporary buffering wall or buffering wall unless
a permit has been issued therefor by the city’s building official,
or to cause or permit the construction or placement of any temporary
buffering wall or buffering wall except in accordance with an issued
permit. Permit procedures and fees shall be as required for buildings
and structures pursuant to uniform building and construction codes
of the city. Notwithstanding the foregoing, no such permit shall issue
until the applicant therefor has submitted to the city building official
a detailed construction and site location plan, which shall show compliance
with the provisions of this article.
(Ordinance 09-670, sec. 2, adopted 5/28/09; 2007 Code, sec. 16-203)
