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Home My WebLink AboutOrdinance No. 38ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, DEFINING A FENCE; OUTLINING REQUIREMENTS FOR A PERMIT; REGULATING HEIGHT REQUIRE- MENTS; REGULATING TYPES OF FENCE CONSTRUCTION; SETTING FORTH SWIMMING POOL REGULATIONS; OUTLINING PUBLIC PROPERTY RIGHTS; DEMANDING INSPECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY FOR THE VIOLATION HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS; SECTION I. DEFINITIONS For the purpose of this ordinance, the following definitions shall apply; (a) Fence: a fence is defined as any wall or structure more than twelve (12) inches in height constructed for the pur- pose of enclosing, screening, restricting access to, or decoration any lot, building or structure. (b) Rear Yard: A space unoccupied by principal structure extending for the full width of the lot between a prin- cipal structure and the rear lot line. (c) Side Yard: An open unoccupied space on the same lot with the building, situated betwen the building and the side line of the lot, and extending through from the street or the front line to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. (d) FrontYard: An open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines. (e) Corner Lot: Shall mean a lot situated as the junction of two (2) or more dedicated public streets. (f) Reverse Frontage; Corner Lot: A corner lot where the rear lot line is adjacent to a side lot line of an adjoining lot or across an alley from such side lot line. SECTION 2 PERMIT REQUIRED It shall be unlawful for any person, group of persons, or corporation to construct, or have constructed, any type of fence, or any part of a fence, without first having secured a permit from the City of The Colony. SECTION 3 INFORMATION REQUIRED Any person, group of persons, or corperation must supply the following information when applying for a permit to erect a fence: (a) applicant's name and address; and if the person represents a company or corporation, the name and address of the foreman of the company or corporation together with the name of the president of the same shall be supplied. (b) Name of owner of the property. (c) Local address where fence is to be erected. (d) type of fence. (e) height of fence (f) Graphic outline of the property to be fenced, with the fence signified by a dark line (s). (g) approximate value. SECTION 4 FEE REQUIRED The minimum cost of the permit fee shall be seven dollars ($7.00) for each permit issued. SECTION 5 PUBLIC PROPERTY: No fence, guy wires, braces or any post of such fence shall be constructed upon or caused to protrude over property that the City or that the general public had dominion and control over, owns or has an easement over, under, around or through, except upon utility easements which are permitted to be fenced. SECTION 6 YARD, FRONTAGE REGULATIONS: (a) Rear Yard Requirements: It shall be unlawful to erect a fence at a height exceeding eight feet (8) in any rear yard or along any rear yard lot line. Where driveways connect to alleys in commercial, industrial and residential areas, fences shall only be constructed along the rear lot line of any lot to within five (5') feet of a point where the driveway would intersect the alley pavement at ninety degrees (90). Fences to be constructed along any driveway or per- pendicular to alleys shall not be constructed within five feet (5') of the rear lot line or alley easement line. (b) Side Yard Requirements: It shall be unlawful to erect a fence at a height exceeding eight feet (8') in any side yard or along any side yard lot line. (c) Front Yard Requirements: It shall be unlawful to erect a fence in the required front yard building set -back area on any lot. (d) Reverse Frontage; Corner Lots: On all reverse frontage corner lots it shall be unlawful to construct a fence within the re- quired side yard area that is adjacent to a front yard area at a distance closer than fifteen (15') to the side property line or at a height greater than eight feet (8'). (6) In all residential developments with rear or side entry access to a garage or carport, a visibility clip measured five feet (5) from the corner of the driveway and alley, or street, in both directions, shall be provided on both sides of the drive. SECTION 7 TYPE OF CONSTRUCTI M (a) No fence erected in the City limits shall be electrically charged in any manner or form. (b) No fence erected on property zoned for residential use or used for residential uses shall be constructed of barbed wire fencing. (c) In order to allow ingress and egress of fire department and police department personnel there must be at least one (1) gate no less than three (3) feet wide on each fence that is adjacent or parallel to a public alley or utility easement. This does not pertain to those easements which the City of The Colony has allowed to be completely fenced in. SECTION 8 INSPECTION Upon completion of installation, the Building Inspector shall be called upon for inspection. A certificate of acceptance will then be issued or a rejec- tion slip indicating the defects in same. All fences constructed under the provisions of this ordinance shall be maintained as to comply with the re- quirements of the ordinance at all times. -2- SECTION 9 SWIMMING POOL REGULATIONS All swimming pools shall be fenced. The following specifications shall apply: (a) Private Pools (Single Family Residence): 1. The fence shall extend around the entire pool. 2. Minimum height of six feet (6') . 3. Wood or chain link construction, or approved equal. 4. The fence shall be equipped with self-closing and self -latching gates. (b) Public Pools (Apartments, Hotels, Motels, Condominiums, Town Houses and Mobile Home Parks): 1. The fence shall extend around the entire pool. 2. Minimum height of six (6' ) feet. 3. Wood or chain link construction, or approved equal. 4. The fence shall be equipped with self-closing and self -latching gates. (c) The requirements of this section are to be adhered to and enforced for all swimming pools containing a depth of at least twelve (12") inches of water at any point. (d) The board of adjustment shall have the authority to make modifications, upon appeal, in certain cases with respect to height, location of fence, gates, or latches, provided there is a showing of good cause and that the substitute measures in no way lessens the protection afforded by the original intent of this ordinance. (e) The term "swimming pool", as used herein, shall mean a body of water in an artificial or semi -artificial receptacle or other container located outdoors, used or intended to be used for public, semi-public, or private swimming by adults or children, operated and maintained by any person, whether he be an owner, lessee, operator, licensee or concessionaire, and shall include swimming pools used or intended to be used solely by the owner of friends invited to use it without payment of any fee. SECTION 10 PENALTY: Any person, firm, corporation, or association, violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be fined in any sum not less than $1.00, nor more than $200.00, and each day violation of this Ordinance continues, shall consti- tute a separate offense. SECTION 11 SEVERABILITY CLAUSE. Should any section, paragraph, sub -paragraph, clause, phrase, or provision of this ordinance be judged invalid, illegal, or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any other part thereof. The remaining provisions will stand on their own, separate and apart from the provisions so declared to be invalid, illegal or uncon- stitutional. SECTION 12 EMERGENCY CLAUSE. The fact that the City of The Colony does not have ordinances adequate to protect the public health, safety and welfare, creates an urgency and an emergency in the preservation of public health, safety and welfare, and -3- requires that this ordinance take effect immediately after its passage and the publication of the caption of said ordinance. PASSED AND APPROVED on this the day of , 1978. Mayor of the" i of The Colony, exa.s ATTEST: