§ 18. FENCE AND WALL REGULATIONS
18-100. Definitions.
As used in this section, 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.
Retaining wall: A wall designed to resist the lateral displacement of soil or other materials.
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.
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.
(Ord. No. 08-1764, § 2, 6-16-2008)
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.
(Ord. No. 08-1764, § 2, 6-16-2008)
18-300. Fee and application.
(18-301) Fee. Prior to the issuance of any building permit required by this section, 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 section:
(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.
(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.
(Ord. No. 08-1764, § 2, 6-16-2008)
18-400. 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 section shall be maintained in proper working condition and in good repair and so as to comply with the requirements of this section at all times.
(Ord. No. 08-1764, § 2, 6-16-2008)
18-500. 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.
(Ord. No. 08-1764, § 2, 6-16-2008)
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.
(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 corner where two curb lines intersect and extending out away from the corner for a distance of 30 feet where the two points will intersect to make a triangle as depicted in the following graphic:
Permitted Fence Location at Street Intersections
(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:
Permitted Fence Location at Intersection of Alley with 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:
Permitted Fence Location at Intersection of Driveway with Street
(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:
Permitted Fence Location at Intersection of Driveway with 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.
(Ord. No. 08-1764, § 2, 6-16-2008)
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 6 of the Code of Ordinances of the City of The Colony.
(Ord. No. 08-1764, § 2, 6-16-2008; Ord. No. 2011-1886, § 2, 2-1-2011)
18-800. Maintenance.
(18-801) All fences and retaining walls shall be maintained so as to comply with the requirements of this section 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 and one-half inches 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.
(Ord. No. 08-1764, § 2, 6-16-2008; Ord. No. 2011-1886, § 3, 2-1-2011)
18-900. Screening 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.
(Ord. No. 08-1764, § 2, 6-16-2008)
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.
(Ord. No. 08-1764, § 2, 6-16-2008)