HomeMy WebLinkAboutOrdinance No. 08-1764
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1764
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES BY
REPEALING ARTICLE III. "FENCES AND RETAINING WALLS", IN
ITS ENTIRETY AND RESERVING THE SAME FOR FUTURE USE;
AND, BY AMENDING APPENDIX A, "ZONING", SECTION 18, "FENCE
AND WALL REGULATIONS", BY REPEALING IT IN ITS ENTIRETY
AND REPLACING WITH NEW PROVISIONS FOR FENCES AND
WALLS; PROVIDING FOR DEFINITIONS; PROVIDING A PERMIT
REQUIREMENT; PROVIDING FOR A FEE AND APPLICATION;
PROVIDING FOR INSPECTION; PROVIDING FOR PUBLIC
PROPERTY; PROVIDING FOR GENERAL STANDARDS; PROVIDING
FOR SWIMMING POOL BARRIERS; PROVIDING FOR
MAINTENANCE; PROVIDING FOR SCREENING WALLS OR VISUAL
BARRIERS AND OPEN STORAGE; PROVIDING APPEAL
PROCEDURES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A REPEALER CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND
EVERY VIOLATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 6, Article III, of the Code of Ordinances currently provides
regulations for fences and retaining walls within the City; and
WHEREAS, Section 18 of the Zoning Ordinance of the City of The Colony provides
regulations for fences and walls within the City; and
WHEREAS, the City Council finds that the provisions related to all fences and walls,
including retaining walls, should be combined and placed in the Zoning Ordinance; and
WHEREAS, after discussion and consideration, the City Council is of the opinion that
Chapter 6, Article III, should be repealed in its entirety and reserved for future use; and, that Section
18 of the Zoning Ordinance should be repealed and replaced with a new Section 18, "Fence and
Wall Regulations," to provide all regulations for fences and walls, including retaining walls, within
the City.
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, and the
same is, hereby amended by repealing Chapter 6, Article III, FENCES AND RETAINING
WALLS, in its entirety and reserving the same for future use, which shall read as follows:
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"ARTICLE III.
Sees. 6-70 - 6-79. Reserved for future use."
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be and the
same is hereby amended by amending Appendix A, Zoning, by repealing Section 18, FENCES
AND WALLS, in its entirety and replacing the same with a new Section 18, FENCE AND
WALL REGULATIONS, which shall read as follows:
"SECTION 18. FENCE AND WALL REGULATIONS
18-100.
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 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 the top rail of a 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 50 percent of the perimeter of
an existing fence within a 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.
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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 nonportable 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 24 inches deep. This includes in-ground, aboveground and on-ground swimming
pools, hot tubs and spas.
18-200.
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 less than fifty percent (50%) of an existing fence or to
construct a retaining wall less than four feet in height. Any stone, masonry or brick wall or
fence constructed of similar materials greater than four feet in height shall be engineered,
designed and the plans sealed by a state professional engineer.
18-300.
Fee and applieation.
(18-301) 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.
(18-302) Application. Any person must supply the following information when applying
for a permit to erect a fence or retaining wall under this article:
(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) Materials of construction.
(E) Height of fence.
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(F) Graphic outline of the property to be fenced, with the fence signified by
distinctive lines which delineate the location of such fence.
(G) Approximate value.
(H) If required, plans and structural drawings shall be stamped and signed by a
professional civil or structural engineer.
18-400. Inspeetion.
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 working condition and in good repair and so as to comply with the requirements of
this article at all times.
18-500.
Publie 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.
18-600.
General standards.
(18-601) Fence materials and types.
(A) 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.
(B) 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 feet wide on each
fence that is adjacent or parallel to a public alley or utility easement.
(C) Any fence erected or maintained in the city shall not be electrically charged or
barbed wire unless approved by the building official.
(18-602) Rear yard requirements. It shall be unlawful to erect a fence at a height exceeding
eight feet, six inches in any rear yard or along any rear yard lot line.
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(18-603) Side yard requirements. It shall be unlawful to erect a fence at a height exceeding
eight feet six inches in any side yard or along any side lot line.
(18-604) 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:
(A) No fence shall be erected to a height greater than four feet above the finished lot
grade.
(B) The solid area of the fence shall not exceed 50 percent of the total area of the
fence.
(C) Wood, wrought iron 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. 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 panels and plywood are prohibited.
(18-605) A fence or wall shall not be located within sight visibility triangles as follows:
(A)
At street intersections, a triangle with 30-foot sides starting at the comer where
two curb lines intersect and extending out away from the comer for a distance of
30 feet where the two points will intersect to make a triangle as depicted in the
following graphic:
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At Street Intersections
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(B) At intersections of alleys with streets, a triangle created from extending from the
back of the sidewalk a distance of ten feet and extending from the edge of
pavement within the alley a distance of ten feet and connecting the two points as
depicted in the following graphic:
Intersection of Aile; with Street
Adjoining
Property
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.' Permitted Fence
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Edge of pavement
Alley
Property lme .
Sidewalk
Sidewalk
curt> line
Cum line
Street
Street
(C) At intersections of driveways with streets, a triangle created from extending from
the back of the sidewalk a distance of ten feet and extending from the edge of
driveway pavement a distance of ten feet and connecting the two points as
depicted in the following graphic:
Intersection of Drlve'Nay \vith Street
Edge of pavement
Adjoining
Property
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Driveway
_..Permitted Fence
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Property line-
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Sidewalk
Curb line
Street
Street
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(D) At intersections of driveways with alleys, a triangle created from extending from
the edge of alley pavement a distance of five feet and extending from the edge of
driveway pavement a distance of five feet and connecting the two points as
depicted in the following graphic:
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l~ '- ---....... .~ I
Adjoining i 8. Permitted Fence Permitted Fence I
Property
I"" / ",.' ".., I I
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u. 1 L " .' I .,., u. '. .. I
In - - -'_- ....Pmperty-btTJe._ I I,. - - - .....~...'J.J'LOPtoperty'l-ine- - -
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d of Aile E of Ane
5 FEET Pavement - - 5 FEET Pavement
Intersection of Driveway with Alley
Alley
Alley
(18-606) 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 feet, six inches
in height. All front yard fences shall not exceed four feet in height.
18-700.
Swimming pool barriers.
(18-701) Indoor and outdoor swimming pools, including an in-ground, above-ground or on-
ground pool, hot tub or spa shall be provided with a barrier, which shall comply with the
following adopted codes:
(A) Residential swimming pools: Most recently adopted International Residential
Code.
(B) Public swimming pools: Chapter 10 of the Code of Ordinances of the City of The
Colony.
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18-800.
Maintenanee.
(18-801) 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 inch per foot of fence height.
(B) General maintenance.
(1) Any and all broken, loose, damaged, rotting, or missing parts (i,e" slats,
posts, rails, panels, gates) must be repaired or replaced with materials
permitted by this article or the fence and its posts completely removed, 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.
18-900.
Sereening walls or visual barriers and open storage.
Any screening wall or fence required under the provisions of the specific use permit,
Planned Development district, site plan approval or other requirement shall be constructed of
masonry or with a concrete or metal frame supporting a permanent masonry type wall
material which does not contain openings constituting more than forty (40) square inches in
each one (1) square foot of wall or fence surface, and the surface of such wall or fence shall
constitute a visual barrier. All wall or fence openings shall be equipped with gates equal in
height and screening characteristics to the wall or fence,
18-1000. Appeals Procedures,
All appeals requested for this Section must be filed in accordance with Section 21 of the
Zoning Ordinance and Chapter 211 of the Local Government Code,"
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SECTION 3. 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.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions ofthis 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 5. 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 6. 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 16TH day of JUNE 2008,
~L~ LU~
she WIlson, CIty Secretary
~~J{J~O
J Dillard, Mayor
A~.-I Of Tli,;: ,
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Robert E, Hager, Ci
(REH/cgo 06/1
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