HomeMy WebLinkAboutOrdinance No. 06-1697
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THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 06-
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AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, BY AMENDING
CHAPTER 6 BY REPEALING IN ITS ENTIRETY THE CURRENT
ARTICLE III, "FENCES," SECTIONS 6-70 THROUGH 6-79 AND
REPLACING THE SAME WITH A NEW ARTICLE III "FENCES AND
RET AINING WALLS," SECTIONS 6-70 THROUGH 6-77 AND BY
RESERVING SECTIONS 6-78 AND 6-79 FOR FUTURE USE;
PROVIDING FOR DEFINITIONS; PROVIDING PERMIT
REQUIREMENTS; PROVIDING APPLICATION AND FEE
REQUIREMENTS; PROVIDING FOR INSPECTIONS; PROVIDING FOR
PUBLIC PROPERTY; PROVIDING GENERAL STANDARDS;
PROVIDING FOR SWIMMING POOL BARRIERS; PROVIDING FOR
RETAINING WALLS; PROVIDING FOR MAINTENANCE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 6, Article III of the Code of Ordinances provides fencing
requirements within the City of The Colony; and
WHEREAS, after review of the provisions contained in Chapter 6, Article III, the staff feels
that such provisions should be amended and updated; and
WHEREAS, upon consideration, the City Council finds that it would be in the best interest
of the City to amend Chapter 6 by repealing in its entirety the current Article III, "Fences,"
Sections 6-70 through 6-79 and replacing the same with a new Article III "Fences and Retaining
Walls," Sections 6-70 through 6-78 and by reserving Section 6-79 Reserved for future use.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be hereby
amended by amending Chapter 6 by repealing in its entirety the current Article III, "Fences,"
Sections 6-70 through 6-79 and replacing the same with a new Article III "Fences and Retaining
Walls," Sections 6-70 through 6-78 and by reserving Section 6-79 Reserved for future use,"
which shall read as follows:
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"ARTICLE III. FENCES AND RETAINING WALLS
Sec. 6-70. Definitions.
As used in this article, the following terms shall have the respective meanings ascribed to
them:
Above-ground/on-ground pool: See "Swimming pool."
Barrier: A fence, wall, building wall or combination thereof, which completely surrounds the
swimming pool and obstructs access to the swimming pool.
Corner lot: A lot situated as the junction of two or more dedicated public streets.
Fence: Any wall or structure more than twenty-four (24) inches in height
constructed for the purpose of enclosing, screening, restricting access to, or decoration of, any
lot, building or structure.
Fence angle arms: Angle arms attached to top rail of fence for the purpose of attaching
barbed wire, razor wire and similar materials. Fence arms may be permitted on fences located in
industrial districts so long as they do not extend beyond the property line.
Front yard: An open, unoccupied space on a lot facing a street and extending from the
front of the lot to the front of the principal building, between the side lot lines.
Hot tub: See "Swimming pool."
In-ground pool: See "Swimming pool."
Rear yard: A space unoccupied by the principal structure extending for the full width of
the lot between a principal structure and the rear lot line.
Repair. The construction, repair or replacement of less than fifty (50) percent of the
perimeter of an existing fence within a twelve (12) month period.
Residential: That which is situated on the premises of a detached one-or two-family
dwelling or a one-family town house not more than three stories in height.
Retaining wall: A wall designed to resist the lateral displacement of soil or other
materials.
Reverse frontage corner lot: A comer 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.
Side yard: An open unoccupied space on the same lot with the building, situated between
the building and the side line of the lot, and extending from the front yard to the rear yard.
Spa, portable: A nonpermanent or permanent, portable or non portable structure intended
for recreational bathing, in which all controls, water-heating and water-circulating equipment are
connected or part of such structure.
Swimming pool: Any structure intended for swimming or recreational bathing that
contains water over twenty-four (24) inches deep. This includes in-ground, aboveground and on-
ground swimming pools, hot tubs and spas.
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Sec. 6-71. Permit--Required.
It shall be unlawful for any person to construct or have constructed any type of fence or
retaining wall, without first having secured a permit from the city. Provided however, a permit
shall not be required to repair an existing fence or to construct a retaining wall less than four (4)
feet in height. Any stone, masonry or brick wall or fence constructed of similar materials greater
than four (4) feet in height shall be engineered, designed and the plans sealed by a state
professional engineer.
Sec. 6-72. Fee and Application.
(a) Fee. Prior to the issuance of any building permit required by this article, a fee as
established by resolution of the city council and on file in the office of the city secretary shall
accompany the application for such permit, payable to the city, for the issuance of the permit and
the inspection to be made upon completion of the fence or retaining wall.
(b) Application. Any person must supply the following information when applying for a
permit to erect a fence or retaining wall under this Article:
(1) 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.
(2) Name of owner of the property.
(3) Local address where fence is to be erected.
(4) Materials of construction.
(5) Height of fence.
(6) Graphic outline of the property to be fenced, with the fence signified by distinctive
lines which delineate the location of such fence.
(7) Approximate value.
(8) If required, plans and structural drawings shall be stamped and signed by a
professional civil or structural engineer.
Sec. 6-73. Inspection.
Upon completion of installation of any fence or retaining wall, the building official shall
be called upon for inspection thereof. The building official or the building official's designee
will then issue a certificate of acceptance or a rejection slip indicating the defects. All fences and
retaining walls constructed under the provisions of this article shall be maintained in proper
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working condition and in good repair and so as to comply with the requirements of this article at
all times.
Sec. 6-74. Public property.
No fence or guy wires, braces or posts of such fence shall be constructed upon or caused,
allowed or permitted to protrude over property that the city or the general public has dominion
and control over, owns or has an easement over, under, around or through, except upon utility
easements which are permitted to be fenced.
Sec. 6-75. General standards.
(a) Fence materials and types.
(1) Except as otherwise stated herein, fences shall be constructed of stone, masonry,
brick, wood, vinyl, chain-link, wrought iron or other materials of like kind that the
chief building official determines have the same quality, appearance and durability.
Products manufactured for other uses such as but not limited to plywood, corrugated
steel, tarping material or fiberglass panels are prohibited fence materials.
(2) In order to allow ingress and egress of fire department and police department
personnel there must be at least one gate no less than three (3) feet wide on each
fence that is adjacent or parallel to a public alley or utility easement.
(3) Any fence erected or maintained in the city shall not be electrically charged or
barbed wire unless approved by the building official.
(b) Rear yard requirements. It shall be unlawful to erect a fence at a height exceeding
eight (8) feet six (6) inches in any rear yard or along any rear yard lot line.
(c) Side yard requirements. It shall be unlawful to erect a fence at a height exceeding
eight (8) feet six (6) inches in any side yard or along any side lot line.
(d) Front yard requirements. No fence shall be constructed or maintained within a front
yard from the front building line to the front lot line, or in the required front yard area of an
unimproved lot within the city, except in residential zoning districts, decorative fences meeting
the following conditions may be erected in front yards:
(1) No fence shall be erected to a height greater than four (4) feet above the finished lot
grade.
(2) Materials or products such as chain link, mesh, rope, string, wire and wire products
including, but not limited to, barbed wire, razor wire, chicken wire, wire fabric and
welded wire fabrics, chain, netting, cut or broken glass, paper, corrugated metal
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panels and plywood are prohibited. Wood, metal or plastic products, which are
specifically designed for fence construction, shall be permitted. The building
official shall approve samples of all other materials to be used.
(3) The solid area of the fence shall not exceed fifty (50) percent of the total area of the
fence.
(e) A fence or wall shall not be located within five (5) feet of the street line or alley
intersection with a public sidewalk and a fence or wall shall not be located within thirty (30) feet
of the street line of two (2) intersecting public or private streets. These sight triangles are
measured from the property line. See the figure below:
FENCE SIGHT VISIBLITY REQUIREMENTS
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(f) Fence Height. Fences shall be measured from the interior adjacent finished grade
to the highest portion of the fence. Fences, which are constructed on top or in conjunction with a
retaining wall, shall be measured from the top of the wall to the highest portion of the fence
provided the interior finished yard grade is level with the top of the retaining wall. All rear and
side yard fences shall not exceed eight (8) feet six (6) inches in height. All front yard fences
shall not exceed four (4) feet in height.
Sec. 6-76. Swimming pool barriers.
(a) Indoor and outdoor swimming pools, including an in-ground, aboveground or on-
ground pool, hot tub or spa shall be provided with a barrier, which shall comply with the
following adopted codes:
(1) Residential sWlmmmg pools: Most recently adopted International Residential
Code.
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(2) Public swimming pools: Chapter 10 of the Code of Ordinances of the City of The
Colony.
(b) The board of adjustment shall have the authority to make modifications, upon written
appeal, in certain cases with respect to fence location, height, gates or latching mechanisms,
provided the appeal is of warranted cause and that the substitute measures in no way lessen the
protection to be afforded under the original intent of this article.
Sec. 6-77. Maintenance.
All fences and retaining walls shall be maintained so as to comply with the requirements
of this article at all times. Such requirements include, but are not limited to, the following
maintenance standards.
(a) Vertical alignment. All fences shall not be out of vertical alignment more than one
(1) inch per foot offence height.
(b) General maintenance.
(1) Any and all broken, loose, damaged, rotting, removed or missing parts (i.e., slats,
posts, rails, panels, gates) must be repaired or replaced with materials permitted by
this article. Any fence enclosing a swimming pool or spa must be repaired
immediately.
(2) A fence that has deteriorated to a condition that is unsafe shall be repaired, replaced
or removed. Removal shall consist of all and any fence materials (i.e., slats, posts,
rails, panels). Nothing herein shall be construed so as to prohibit the complete
removal of a fence, unless such fence encloses a swimming pool or spa.
(3) Fences shall not be externally braced with guy wires or any other material that may
be viewable from a public street, right-of-way, alleyway or property and easements
over which the city or the general public has dominion and control.
(4) Retaining walls shall be maintained in a structurally sound condition and not extend
beyond the property line of the premise into the public right of way. Structurally
sound condition shall be determined by a certified structural engineer.
Sees. 6-78 and 6-79. Reserved for future use.
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
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SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS A day of ICJ (Of 12'0/" ~ 2006.
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Christie Wilson, City Secretary
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Robert E. Hager, Cit
(REH/cdb 06/2
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