Loading...
HomeMy WebLinkAboutOrdinances (O-90-757)-04/17/1990 2 3 4 5 6 8 10 11 12 1 ~-?O Ii " --:;> n (1), ,(\\ , ORDINANCE NO: 0-9(}-757 L-f a-v 'f. An Ordinance amending the Colleyville Zoning Ordinance ~ by establishing general requirements and prohibitions for all fences and free standing walls; establishing specific fence and wall setback requirements; establish- ing administrative procedures inclusive of permitting requirements and the establishment of fees and charges; establishing procedures for variance and appeals; repealing portions of the current zoning ordinance; pro- viding a severability clause; providing a penalty and authorizing publication. 7 WHEREAS, The present zoning ordinance and building reg- ulations do not regulate fences or walls in a comprehensive manner. 9 WHEREAS, The City will benefit from the compilation of fence regulations into a single ordinance. WHEREAS, The current fence regulations require the addition of measures to address relationships between adjoining properties and to enhance the aesthetic quality of the community. 13 Now therefore, be it ordained by the City Council of the City of Colleyville, Texas, as follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION I - REPEALS 1.1 section 24.1 of the zoning Ordinance is hereby repealed in it's entirety and replaced with the following sections beginning with section 2 -Scope. SECTION II - SCOPE 2.1 This ordinance is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2.2 No fence, screen, free standing wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 2.3 For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. Ordinance 0-90-757 Page 2 1 SECTION III - DEFINITIONS 2 3.1 PERIMETER SUBDIVISION FENCING. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substan- tial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in Ordinance 0-70-14, as amended from time to time, of any property (1) zoned other than C-PO, CN, C-C, or M-L and shown on an approved plat therof, or (2) prop- erty that is zoned AG, RE, R-40, R-30, R-20, R-15, R-D, R-MF. 3 4 5 6 7 8 SECTION IV GENERAL REQUIREMENTS/PROHIBITIONS FOR ALL FENCES AND FREE STANDING WALLS 9 10 4.1 SCREENING REQUIRED IN RESIDENTIAL DISTRICTS 11 A) Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with screening elements and fences of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor inten- sive use area (such as playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be adequately screened from view of any resi- dential dwelling or lot or of any other adja- cent public or semi-public land use with screening elements and fences of not less than (8) feet in height. B) Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifam- ily use or district, the side and rear prop- erty lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residen- tial dwelling or lot. 12 13 14 15 16 17 18 19 20 21 22 23 C) Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile home development, or other nonresidential use permitted in a residential district shall be fully enclosed by a dense screening element to adequately screen such an area from view of the surrounding area. 24 25 26 24 25 Ordinance 0-90-757 Page 3 1 D) Nothing in this ordinance shall restrict the fencing of tennis courts with traditional fen- cing material to a maximum of twelve (12) feet. 2 3 4.2 SCREENING REQUIRED IN NON-RESIDENTIAL DIS- TRICTS 4 5 A) Where a nonresidential use abuts a residential lot, use or district, the side and rear prop- erty lines abutting said residential lot, use or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. 6 7 8 9 B) Where a district boundary separating a resi- dential district from a nonresidential dis- trict is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and a half (3.5) feet. 10 11 12 13 C) Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height. 14 15 D) In all districts where open storage is per- mitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height. 16 17 18 E) Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use. 19 20 4.3 OBSTRUCTION PROHIBITED: No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed as any fence, wall, hedge, shrubbery, etc., higher than thirty inches (30") above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven feet (7') above ground level. (For example see Exhibit "A", Figure (1)). 21 22 23 26 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-90-757 Page 4 1 4.4 TWENTY-FIVE FOOT (25') VISIBILITY TRIANGLE REQUIRED: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25') back from the property cor- ner along both streets. (For example see Exhi- bit "A", Figure (2)). 2 3 4 5 4.5 BARBED WIRE PROHIBITED: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided below. 6 7 8 Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. 9 Barbed wire strands may be placed on the top of security fences in non-residential dis- tricts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, pro- vided the top strand is not higher than (8) feet nor the bottom strand lower than (6) feet from the adjacent grade line. 4.6 ELECTRICAL FENCES: Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly marked at a minimum of 25 foot intervals as to the nature thereof. 4.7 EIGHT FOOT (8') MAXIMUM HEIGHT: No fence in a residential district shall exceed eight feet (8') in height above ground level at the fence line. 4.8 PROPERTY OWNERS' RESPONSIBILITY: The con- struction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. (For example see Exhibit "A", Figure (3)). 4.9 PUBLIC PROPERTY: No fence, guy wire, brace or any post of such fence shall be constructed upon or cause 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 drainage and utility easements which are per- mitted to be fenced. 10 11 12 13 14 Ordinance 0-90-757 Page 5 1 4.10 FLOODWAY PERMIT REQUIRED: The construction of a fence or wall in a floodway as shown on the most recent revision of the "Floodway - Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as cur- rently required in the City's drainage poli- cies. 2 3 4 5 4.11 SWIMMING POOLS: All swimming pools shall be fenced. A solid or chain link type fence or a barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizon- tal picket type fences. All gates allowing access to the pool area shall be self-closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or key-locking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. 6 7 8 9 SECTION V 15 FENCE AND FREE STANDING WALL SETBACK REQUIREMENTS 16 17 18 19 20 21 22 23 24 25 26 5.1 FRONT YARDS: No fence or free standinq wall greater than thirty inches (30") in heiqht and no qreater than 25% solid construction shall extend into the reauired yard on which the home faces exceot for oerimeter subdivision fences meetinq the following requirement: a) The primary fencing material shall be of wrought iron, pre-cast concrete, poured in- place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the city Building Official. b) On a corner lot a house shall be deemed to face on that street on which it has it's least dimension unless otherwise determined by the Building Official. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-90-757 Page 6 1 5.2 2 3 4 5 6 7 8 9 5.3 5.4 SIDE YARDS: Except for perimeter subdivision fencing meeting the requirements of section 5.1a of this ordinance no fence or wall greater than thirty (30n) inches in height and no greater than 25% solid construction shall be located less than fifteen feet (15') from any property line faced by the side of the house on a corner lot unless: a) The subject lot backs up to the rear property line of another lot, in which case no side fence setback is required; (Exhibit nAn, Figure 4). b) The subject lot backs up to an access easement or alley right-of-way, in which case a ten foot (10') visibility triangle shall be required. (Exhibit nAn, Figure 4) c) The fence or wall meets the requirements of 5.1a in which case no side fence setback is required. On a corner lot a house shall be deemed to have a side yard on that street on which it has its largest dimension, unless otherwise specified by the Building Official. ADJACENT TO UNDEVELOPED PROPERTY: Except for Perimeter Subdivision Fencing meeting the requirements in Section 5.1a of this ordi- nance, no fence or wall greater than thirty (30n) inches in height and no greater than 25% solid masonry, shall be located less than fif- teen feet (15') from the side property line adjacent to the street which leads into unde- veloped property. (See Exhibit nAil, Figure 5. ) REAR FENCE AND FREE STANDING WALL SETBACKS: Fences and walls meeting all of the construc- tion requirements of Section 5.1a of this ordinance and the Uniform Building Code may be erected on the rear property line except; how- ever, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30") inches in height shall be located within fifteen (15') feet of the subject lots rear property line. (See Exhibit "A", Figure 5) . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-90-757 Page 7 1 SECTION VI ADMINISTRATION 2 6.1 FENCE PERMIT REQUIRED: It shall be. unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construc- tion in the city limits without first obtain- ing a fence permit from the office of building inspections. 3 4 5 6 6.2 APPLICATION FOR PERMIT: Any individual, part- nership, company or corporation making appli- cation for a fence permit must sign an appli- cation for same showing the following informa- tion: 7 8 9 Applicants name, address, and in addition, if the applicant represents a company or corpora- tion, the name and address of the supervisor or foreman of said company or corporation and the name of its president. Name and owner of the property. Local Address where fence is proposed to be erected. Materials and type of fence construction. Height of fence. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. Survey showing lot on which the fence is pro- posed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. 6.3 PERMIT FEE: A permit fee of twenty five dol- lars ($25.00) shall be paid prior to the issu- ance of any Fence Permit. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-90-757 Page 8 1 SECTION VII VARIANCES AND APPEALS 2 3 7.1 VARIANCES: The City Council may appoint a board consisting of at least five (5) members, who, after review of the application for vari- ance or appeal by the City Attorney for deter- mination as to form therof and that same is within the purview of the authority of such Board, shall hold a public hearing in which written notification has been given to all property owners within two hundred feet (200') of the proposed variance, may grant a variance to this Ordinance where, in it's opinion, the Board finds the following requirements have been met. 4 5 6 7 8 9 a) Granting the variance will not adversely affect the interest of the City of Col- leyvillei b) Granting the variance will not adversely affect the neighboring property ownerSi c) There is, in the Board's opinion, a unique topographic or natural feature on the land, and that feature is not a or self-created feature. 7.2 APPLICATION FOR VARIANCE: Application for variance shall be made by submitting the fol- lowing to the City Planning and Zoning Depart- ment: a) Letter requesting to be heard by the Board described in section 5.1 above for a variance and a statement of the nature of the variance being requested. b) An application fee prescribed in the City of Colleyville Schedule of Fees shall be paid prior to any public notification or being placed on the Board's agenda. 7.3 APPEALS: The Board described in section 7.1 above shall have the authority to hear and decide appeals where it is alleged there is an error on any order, requirement, decision or determination made by the Building Inspector in the enforcement of this ordinance. Such appeals shall be made in the manner described above in section 7.2a of this Ordi- nance. No application fee is required. 23 24 25 Ordinance 0-90-757 Page 9 1 SECTION VII 2 3 8.1 PENALTY FOR VIOLATION: Any person, firm, or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Colleyville Charter hereby made, shall be deemed guilty guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed TWO HUNDRED AND NO/100 DOLLARS ($200), and each day such violation shall be permitted to exist shall constitute a separate offense. 4 5 6 7 8 8.2 PUBLICATION: The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. 9 10 11 AND SO IT IS ORDERED 12 The fir~~ding and Py~~jc h~~ing ~eing conducted on the ~ day of ~ /F::::.-, 19'''. The secon~reading and PAblic,Aearing being conducted on the g. i' day of ~ ' 19'(J. The third ~ading and p~i~ ~~ring being conducted on the I ~t""J;( day of ~, 19~. 13 14 15 16 17 ~i2~ LaVada Johnson city Secretary CITY OF COLLEYVILLE 19 ~ Chris Haw Mayor 18 20 (:]- Ross T. Foster City Attorney RM AND LEGALITY: 21 22 26 Ordinance 0-90-757 Page 10 EXHIBIT A TH I $ AREA ..., ST IE kEPT ClEAR AND SHAll lOT aE At..t..Ow,O 10 OBSTRUCT THE VI EW OF MOTORI ST FIGURE (1) OBSTRUCTIONS PROHIBITED . -._--- --------------- STREET R. O. W. , 26' ~~- -'rq CORNER I LOT ----- VISIIILITY TRIAHGtE TO IE KEPT C&.EAR OF ~ O.STIlUCTIOttS PROPERTY LIME FIGURE (2) YISIBILITY TRIANGLE .....~ C' TV URfEr AREA BEYOND THE ~1lO'ER1Y LIIIE O~ERt8 AaE IEsPONSllLE TO MAlllTAIII. e,TY STREET FIGURE (3) PROPERTY OWNER'S RESPONSIBILITY ~ 0 . d S ~ 3 MO.=, ~ -=_'i. S _! -:"1. ~ N e..=J::IQ.,J" -:"1. M.Q!'!.~0 too _.!....~.! n H.L .. 0 6 :::- E;~.=. ~ t:;J W Ordinance 0-90-757 Page 11 EXHIBIT A A 26' VISIBiliTY TRIANGLE IS REQUIRED AT All STREET INTERSECTIONS *ERE 51 DE Y AIDS AalT CITY STREETS AND tHE Tfl1) lOTS SHARE A COtIGII REAR PROPERTY liNE NO FElICE SETBACK IS REQU I RED CI TV C I TV STREET ------------- "ERE CORNER LOTS BACK UP 10 AU-ElS A 10'-0- VISIBILITY TRIANaE IS RE" I RED FIGURE (~) VISIBILITY TRIANGLES AND CORNER LOTS WITH COMMON REAR PROPERTY LINES .~ 16' MIN. FElICE SETBACK FOR CORNER lOTS THAT lACK UP TO 51 DE LOT LINES FIGURE (5) TYPICAL 15'-0. FENCE SETBACKS COIINER LOTS ~? UP 10 PROPER DEYaoPED MUST MAl II TAl II A 15' UIIFEIICEO J.!..K. YARD (DOES IIOT APPlY 10 REAR YARD) 16' Mill. FElICE SET- lACK FIIlIM PROPERTY LINE *E11 tHE ADJACENT LOT MAINTAI NS ITS FRONT YARD ON THE STREET lHE SUBJECT LOT lACKS UP TO.