HomeMy WebLinkAboutOrdinances (O-13-1871)-04/16/2013 1
ORDINANCE 0-13-1871
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3, LAND USE, SECTION 3.24(C) - SPECIAL LAND USE
STANDARDS AND, SECTION 3.26 - FENCES, FREE STANDING WALLS
AND SCREENING MATERIALS OF THE LAND DEVELOPMENT CODE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City Council of the City of Colleyville approved Ordinance
0-00-1214 on April 18, 2000, adopting the Land Development
Code; and
WHEREAS, the City of Colleyville desires to amend certain portions of the
Land Development Code by adding a section regulating
portable storage structures and by amending the general
screening requirements; and
WHEREAS, notice of a public hearing before the City Council was published
in a newspaper of general circulation in Colleyville at least 15
days before such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT Chapter 3 Land Use, SECTION 3.24(C) - SPECIAL LAND USE
STANDARDS of the Land Development Code, is hereby amended
in its entirety to read as depicted in the attached Exhibit "A".
Sec. 3. THAT Chapter 3 Land Use, SECTION 3.26 - FENCES, FREE
STANDING WALLS AND SCREENING MATERIALS of the Land
Development Code, is hereby amended in its entirety to read as
depicted in the attached Exhibit "B".
Sec. 4. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
.
Ordinance 0-13-1871
Page 2 of 2
the City of Colleyville, and upon conviction shall be punishable by
a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 6. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 7. THAT this ordinance shall take effect immediately from and after
its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of April
2013.
The second reading and public hearing being conducted on the 16th day of
April 2013.
PASSED AND APPROVED by the C'ty Council of the City of Colleyville, Texas,
on this the 1(4 day of/I(
16f
2013.
ATTEST: CITY OF COLLEYVILLE
0 -. ' II , ' /
l l
Amy 4, elley David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
- (N{M\ bl ( -(\
Matthew C. G. Boyle
City Attorney
Exhibit "A"
Colleyville,Texas,Land Development Code
C. Special Land Use Standards — The following Special Land Use: Standards, which are referenced in the
Special Land Use Standards column of Table 3.24.B, Schedule of Permitted Principal Uses, refer to
additional standards and requirements that are applicable to the listed land use.
1. Bed and Breakfast—a Certificate of Occupancy(C.O.) is required prior to occupancy of the premises
as a bed & breakfast. The C.O. shall be obtained after an inspection has determined that the
structure is in compliance with all applicable current codes and ordinances of the City of Colleyville
and the following additional conditions:
a. The structure is structurally sound.
b. There are no clear and present dangers as to fire and fire safety.
c. The plumbing is in compliance with the currently adopted code requirements for the zoning
district in which it is located.
d. The electrical system is in compliance with the currently adopted Electrical Code for the zoning
district in which it is located.
e. Smoke detectors shall be placed in each individual bedroom which is offered for public use and
smoke detectors shall also be placed in any hallway adjacent thereto.
f. Signs, not exceeding one and one-half(1-1/2) square feet, shall indicate only the address and the
establishment name.
g. Off-street parking shall be located behind the front building line of the structure and shall be
screened from public view, and shall be provided in the following manner: one space per
bedroom offered for temporary rental in addition to that required for the zoning district in which it
is located.
h. The total rental bedroom area of the structure shall not exceed twenty-five (25) percent of the
total floor area of the dwelling.
Also, in order to continue operation:
i. Annual inspections shall be required for each bed and breakfast facility to ensure ongoing
compliance with the requirements of this Section.
ii. Food service shall comply with all provisions of the City Code.
iii. The structure shall comply with all current City Codes, including, but not limited to Building
Codes, Plumbing Codes, Electrical Codes, Fire and Safety Codes, and others as may from
time to time be adopted.
ix. The length of stay for any guest is limited to fifteen (15)consecutive days.
2. Assisted Living Facilities — A facility operated under a certificate of compliance document issued by
the Texas Department of Aging and Disability Services, in which food, shelter, and person assistance
or supervision are provided for a period of at least 14 days for four or more aged adults who do not
require hospitalization or skilled or intermediate nursing care.
3. Telecommunication Towers—Construction shall be of monopole design only; and
a. the distance between the base of the tower and any Agricultural (Ag) or residential district shall
be not less than two (2)times the height of the tower; and
b. the site plan shall meet all other commercial development requirements of the City such as site
plan review, landscaping, setbacks; and
c. a minimum of one paved parking space shall be provided at the site of the structure.
4. Veterinarian Clinic with indoor kennels —A facility containing indoor kennels shall be subject to the
following conditions.
a. The entire business must be conducted within a soundproofed building. Noise and odors created
by activities within the building shall not be discernible beyond the property line.
b. No animals shall be kept outside the building.
5. Medical and veterinary clinics—Outpatient services only.
6. Archery & firearm ranges — An SUP required in every zoning district, except CN & CC, for sales
activity over 9 mo. per year.
Chapter 3-Land Use Page 3-2
Exhibit "A"
Colleyville,Texas,Land Development Code
7. Movie Theater Uses: A movie theater shall not contain more than six primary projection screens and
two secondary executive viewing rooms and shall not exceed 28,500 square feet in total building size.
For purpose of this regulation, a secondary executive viewing room shall not exceed a maximum of
fifty(50) seats. (0-04-1454/4-16-04) (0-05-1538/09/06/05)
8. Home Occupation Uses:
a. No person other than members of the family residing on the premises shall be engaged in such
occupation;
b. The use of the dwelling unit or accessory building for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its occupants, and not more than
twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the
home occupation;
c. There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home occupation other than one sign, not exceeding one (1)
square foot in area, non-illuminated, and mounted flat against the wall of the principal building.
d. No traffic shall be generated by such home occupation in greater volumes than would normally be
expected in a residential neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street on a driveway or other hard surface all weather
area;
e. No equipment or process shall be used in such home occupation which creates noise, vibration,
glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or
nearby site occupant. In the case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises.
f. Home occupation uses and activities shall be limited to the following: seamstress; accounting;
bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household
sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops;
garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar
activities--- but excluding medical and law offices, beauty shops, pet grooming services, kennels
and other such activities.
9. Private (HOA) Recreational Facilities — Buildings or structures in which members of a neighborhood
association may gather for social, educational or cultural activities that are intended to serve the site
occupants and guests thereof.
10. Emergency Clinics—Outpatient services only.
11. Livestock Raising and Breeding—A Special Use Permit is required for swine farming.
12. Alcoholic Beverage and Package Store Sales — A Special Use Permit is required for the sale of
alcoholic beverages. A package store shall require the approval of a separate Special Use Permit.
Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall
only be for beer and/or wine as specified in the approving ordinance and shall not be considered as
approval for a package store as defined in Chapter Two. Also refer to Chapter 6 of the Code of
Ordinances for additional regulations regarding alcoholic beverage sales.
13. Vehicle Repair — Vehicle repair, including the repair of other motorized vehicles, are permitted in
accordance with the Schedule of Permitted Uses, subject to the following conditions.
a. All repairs and servicing shall be conducted within an enclosed building.
b. A business that conducts vehicle repair and is located on property adjacent to a residential use
shall provide a six-foot tall solid screen along the property line adjacent to the residential use.
c. Except for wrecked vehicles, no more than two vehicles per bay or repair/inspection station that
have been accepted for repair or servicing shall be parked/stored outside after regular business
hours.
Chapter 3-Land Use Page 3-3
Exhibit "A"
Colleyville,Texas,Land Development Code
d. Wrecked or dismantled vehicles waiting for repair shall not be visible from the street and shall be
stored in an enclosed building or within a completely enclosed area behind a six-foot tall solid
screening fence.
14. Servants or Caretaker Quarters—Servants quarters for domestic servants employed on the premises
or family members provided the gross habitable square feet of floor area shall not exceed six-hundred
(600') square feet. Such quarters may be housed within the principal residential dwelling, above a
residential garage, or be part of an accessory building on the same premises, and shall comply with
minimum standards for light, health, safety, and occupancy in conformance with other applicable City
codes and ordinances.
15. Day Care Centers — A facility operated with a state license for the purpose of providing care,
protection and guidance to more than twelve children under the age of fourteen years of age for less
than a 24-hour period. This term does not include kindergartens and public and private educational
facilities or any facility offering care to individuals for a full 24-hour period.
16. Grocery Stores—A special use permit is required for the use of gasoline pumps in conjunction with a
grocery store.
17. Billiard Parlor — Compliance with Chapter 10 of the Code of Ordinances is required for a Billiard
Parlor.
18. Wind Driven Generators—No wind driven generator shall be constructed without approval of a special
use permit per Section 3.24 of the Land Development Code.
a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried
underground by means of a conduit system.
b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres.
c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from
the existing ground level to the highest point of the blades.
d. All wind energy structures, including tower and rotor, shall stand independent of any building or
structure and shall have a minimum setback from any property line, right-of-way, power line, or
other improvement of 1.5 times the height of the wind energy structure. It shall also be located
entirely in the rear yard and shall not be located in any required setback.
e. The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to
any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts.
f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the
Federal Aviation Administration.
g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be
completely enclosed by a locked, protective fence at least 6 feet in height.
h. No signage or advertisements shall be allowed on the wind tower.
i. A maximum of one wind energy system, including the tower, shall be permitted per lot.
j. A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days,
shall be immediately removed from the premise and the site returned to its prior condition, at the
expense of the property owner.
19. Portable Storage Structures — A portable storage structure is any container, storage unit, shed-like
container or other portable structure, other than an accessory building as defined in Chapter Two of
the Land Development Code, complying with all building codes and Land Development Code
requirements, that can or is used for the storage of personal property of any kind and which is located
for such purposes outside an enclosed building.
The use of portable storage structures are allowed under the following conditions:
a. Seven Day Provision: Portable storage structures placed on private property for a period of not
more than seven (7) days are hereby exempt from these regulations provided the view of any
vehicular traffic is not impeded in any way. A permit shall be required per the provisions of sub-
section "b". However, there shall be no fee required for structures that are placed for seven (7) or
fewer days.
Chapter 3-Land Use Page 3-4
Exhibit "A"
Colleyville,Texas,Land Development Code
b. A temporary use permit for a portable storage structure shall be obtained from the Community
Development Department prior to placement for any portable storage structure.
c. There shall be no more than one (1) portable storage structure per property.
d. The portable storage structure shall be no larger than ten (10)feet wide,twenty(20)feet long and
ten (10)feet high.
e. Notwithstanding the requirements of sub-sections "k" and "I" below, a portable storage structure
shall not remain at a property in any zoning district in excess of thirty (30) consecutive days, and
shall not be placed at any one property in a zoning district in excess of thirty (30) days in any
calendar year.
f. The portable storage structure shall be set back a minimum of five (5)feet from all property lines.
g. The portable storage structure shall be set back a minimum of five (5) feet from the nearest wall
of a building.
h. Where a side facing garage or a garage that is located behind the principal structure exists, the
portable storage structure shall be located behind the front line of the principal structure.
i. The portable storage structure shall be placed on an asphalt or concrete surface. A gravel
surface is permitted if the portable storage structure is located behind the principal structure.
j. The portable storage structure shall not be placed upon any street or within any rights-of-way.
Exception: Portable storage structures located in mixed-use, townhome, multifamily, or similar
residential developments may locate within existing, striped on-street parking spaces provided
there are no public safety or vehicular traffic issues caused by the location of the structure.
k. Portable storage structures associated with construction of a new principal building at a site
where a new building permit has been issued are permitted for the duration of construction and
shall be removed from the site within fourteen (14) days of the end of construction. Portable
storage structures associated with new construction are exempt from the aforementioned
conditions.
I. Portable storage structures associated with any construction that is not part of the construction of
a new principal building, and only in conjunction with the issuance of a building permit, may be
placed for a maximum period of 180 days or upon completion of construction, whichever occurs
first. The fee assessment for a portable storage structure associated with this sub-section shall
be as follows:
0 to 30 days: standard fee
30 to 60 days: double the standard fee
60 to 90 days: three times the standard fee
90 to 120 days: four times the standard fee
120 to 180 days: six times the standard fee
m. Any waivers to the conditions of this section shall be considered by the Zoning Board of
Adjustment in accordance with Chapter One of the Land Development Code.
Chapter 3-Land Use Page 3-5
Exhibit "B"
Colleyville,Texas,Land Development Code
Section 3.26 Fences, Free Standing Walls, and Screening Materials
A. Scope
1. This section 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. No fence, screen, freestanding 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.
3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free
standing structures.
B. Definitions
Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or
security fence along a substantial 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 Chapter 2—Definitions of this Land
Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown
on an approved plat thereof, or(2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF.
C. Maintenance
All fences erected as provided for in this section shall be maintained in good condition. Support columns and
posts shall remain in an upright position and shall be generally perpendicular to the surrounding terrain.
Masonry fences shall maintain their original aesthetic style and condition. Structurally unsound or
substandard fences are considered unsafe and a nuisance and shall be repaired or replaced."
D. General Requirements/Prohibitions for all Fences and Fee-standing Walls
1. Screening Required in Residential Districts:
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 a decorative masonry wall 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 intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-
street loading areas of any non-residential use shall be adequately screened from view of any
residential dwelling or lot or of any other adjacent public or semi-public land use with a decorative
masonry wall of not less than (8)feet in height or a landscaped berm.
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 multifamily use or district, the side and rear property lines of said
multifamily or mobile home use or district shall be suitably screened from view of any adjacent
dissimilar residential dwelling or lot with a decorative masonry wall of not less than eight (8) feet
in height or a landscaped berm.
c. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to
a maximum of twelve (12) feet.
2. Screening Required in Non-Residential Districts:
a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines
abutting said residential lot, use or district shall be suitably screened, with a decorative masonry
wall, 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.
Chapter 3-Land Use Page 3-1
Exhibit "B"
Colleyville,Texas,Land Development Code
b. Where a district boundary separating a residential district from a nonresidential district 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 one-half(3-1/2)feet.
c. In all districts where open storage is permitted 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 and shall be composed of decorative masonry material
d. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or
of any other adjacent residential land use with a decorative masonry wall of not less than eight
feet in height or a landscaped berm.
e. All roof mounted mechanical equipment and parapet wall structural supports shall be screened
from view.
f. All required screening between residential and commercial, institutional, multifamily and moble
home uses shall be maintained in good condition by the property owner of the commercial,
institutional, multifamily and moble home use.
3. Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: The following
regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large
containers are utilized for the storage or compacting of waste, garbage or recycling materials for any
properties where the building permit for the primary structure was issued on or after April 17, 2013:
a. All containers shall be fully enclosed by a decorative masonry wall.
b. Masonry materials shall match the masonry materials of the exterior wall of the primary structure
on the property where the container is located.
c. The height of the screening wall shall be a minimum of six feet, or one foot above the height of
the container/compactor, whichever is greater, and shall not exceed 10 feet in height.
d. The gate shall be composed of solid metal and shall be of a color that matches or compliments
the masonry wall.
e. The gate shall remain closed at all times. Exception: gates for recycling bins that are accessible
to the public may remain open provided all recycling material is completely stored within the
container.
f. Where possible, gates shall be oriented away from the view of any roadway traffic.
g. All enclosures and containers shall be located behind all required building setbacks and shall be
located a minimum of 25 feet from any properties zoned or used for non-multifamily residential
purposes.
h. Unless subject to a different requirement as part of an SUP or PUD ordinance, for properties
where the building permit for the primary structure was issued before April 17, 2013, the required
enclosure and gate may be composed of wood or masonry materials to a minimum height of six
feet and the gate must remain closed at all times. Otherwise, said properties shall be exempt
from the other provisions of this section. However, loss of any legal-nonconforming status for any
property and/or building as described in Section 3.7 in the Land Development Code shall require
full compliance with this section.
i. The City shall have the right to remove any container in an enclosure that has been non-
compliant with this sub-section for more than 30 days.
4. 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 to be any fence, wall, hedge, shrubbery, etc., higher
Chapter 3-Land Use Page 3-2
Exhibit "B"
Colleyville,Texas,Land Development Code
than thirty (30) inches above ground level at the property line, except single trees having single
trunks, which are pruned to a height of seven (7)feet above ground level. See Exhibit"3-1".
TNIS AREA MUST IE _.a. y%''
KEPT CLEAR MD SKILL -
NOT IE ALLOMED TO
OBSTRUCT THE VIEW 71
OF MIDTORIST 1.
Nn1Ks"':
Exhibit"3-1"
Obstructions Prohibited
5. Twenty-Five (25) Foot 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)feet back from the property corner along both streets. See Exhibit"3-2".
\7.STREET 1.0.4 _----25'
.I
TYPICAL
COOPER ■ , VISIIILITr TRIJILE
LOT 11 IE NUT CLEAR Of
MI AL OISTINLIIDIIs
I:F.-----1--P WW1(- I LINE
Exhibit"3-2"
Visibility Triangle
6. 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.
Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or
in industrial districts are permitted without restrictions.
Barbed wire strands may be placed on the top of security fences in non-residential districts for the
purpose of security from theft, entry and hazard such as around public utility substations and uses of
a similar nature, provided the top strand is not higher than eight(8) feet nor the bottom strand lower
than six(6)feet from the adjacent grade line.
7. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved)
shall be plainly marked at a minimum of twenty-five(25)foot intervals as to the nature thereof.
8. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height
above ground level at the fence line.
9. Property Owners' Responsibility: The construction 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. See Exhibit"3-3".
Chapter 3-Land Use Page 3-3
Exhibit "B"
Colleyville,Texas,Land Development Code
AREA IETOIIO 211E
CITY AUEET ROMP Lil1E
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CITY STREET FIGURE 3 PROPERTY OWNER'S i>ESPONSI
Exhibit"3-3"
Property Owner's Responsibility
10. 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 permitted to be fenced.
11. 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 currently required in
the City's drainage policies.
12. 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
horizontal 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 keylocking 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.
13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture
adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete
fences shall be maintained in good condition including any painted fences. The building official shall
approve the final finished surface and reserves the right to deny a fence permit application if the
surface does not adhere to these regulations.
E. Fence and Free Standing Wall Setback Requirements
1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than
twenty-five (25) percent solid construction shall extend into the required yard on which the primary
structurefaces.
a. The primary fencing material shall be of wrought iron, pre-formed concrete, poured in place
concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination
thereof or other similar material approved by the City Building Official. All poured in place
concrete and CMU shall contain an architectural finish.
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.
c. Gate setback: Any gate shall be set back a sufficient distance from the property line to allow
vehicle queuing space in order to maintain safety and to prevent backup along the street
pavement. Sufficient distance shall be determined by the Building Official.
d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and
subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said
fencing shall be no greater than eight(8)feet in height and shall have no greater than twenty-five
Chapter 3-Land Use Page 3-4
Exhibit "B"
Colleyville,Texas,Land Development Code
(25) percent solid construction within the front yard. Allowed construction materials shall be the
same as paragraph "1.a" above. This exception shall not apply to properties zoned as a PUD
district.
2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a
required side yard adjacent to a street right of way shall meet the following setback standards:
A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30") in
height or greater than 25 percent opaque construction) within a required street side yard shall be
subject to whichever of the following provisions a)through d) shall yield the greatest setback:
a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side
street, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the
property line, except on any lot having either a required side yard less than fifteen (15') feet or an
existing primary structure setback less than fifteen (15') feet, then the fence or wall may be
constructed with the same setback as the primary structure; or
b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall
shall be located not less than fifteen feet(15')from the side property line; or
c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall
shall be located not closer to the side property line than the required front setback of the adjoining
lot; or
d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer
than fifteen feet(15')from the side property line.
A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in
height and not greater than twenty-five percent opaque construction) within a required street side
yard shall not be placed less than three feet (3') from the side property line, and shall not be
subject to the provisions of the preceding sections (a)through (d).
3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the
requirements in paragraph "1.a" above, no fence or wall greater than thirty (30) inches in height and
no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet
from the side property line adjacent to the street which leads into undeveloped property. See Exhibit
"3-4".
111
1
(1)-25' City Street
-+� x x Front-
x
d Li 14'D_-_d. p
Front
(1)f 125'T 15'I City Street
(1)Set-back established
by district regulations
Exhibit"3-4"
Typical 15'-0" Fence Setbacks
4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction
requirements of paragraph "1.a" above and the Uniform Building Code may be erected on the rear
property line except; however, lots whose rear property line abuts a public street on which one of the
Chapter 3-Land Use Page 3-5
Exhibit "B"
Colleyville,Texas,Land Development Code
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"3-4".
F. Security Gating Encroachments
A front yard fence or screening wall providing support for a security gate and not exceeding a
maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a
residential lot when the fence or screening wall meets the following criteria and shown in Exhibit"A".:
1. The fence or screening wall shall attach to a gated entry across the driveway;
2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet
from the driveway and extend toward the driveway;
3. The fence or screening wall shall extend to the nearest side property line;
4. The fence or screening wall shall not extend beyond 10 feet into the setback from
the dwelling unit;
5. The fence or screening wall shall not enclose nor extend across the entire front
yard;
6. The gate and columns may not extend beyond one foot in height above the
fence;
7. A minimum setback distance of 20 feet from the fence, screening wall and gate
to the front property line shall be maintained.
Exhibit"A"
111Wili%---' $idtr Ysrq ff Seeh.ck k I
I 1
Dwelling
Unit Line F !.
I t
Front Yard
E Setback k Property
Line to
7C Feet milira
MIWrll '
'2UfeVt
G. Administration
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 construction in the city limits
without first obtaining a fence permit from the Office of Building Inspections.
2. Application for Permit- Any individual, partnership, company or corporation making application for a
fence permit must sign an application for same showing the following information:
a. Applicants name, address, and in addition, if the applicant represents a company or corporation,
the name and address of the supervisor or foreman of said company or corporation and the name
of its president.
b. Name and owner of the property.
c. Local address where fence is proposed to be erected.
d. Materials and type of fence construction.
e. Height of fence.
f. 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.
Chapter 3-Land Use Page 3-6
Exhibit "B"
Colleyville,Texas,Land Development Code
g. Survey showing lot on which the fence is proposed 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.
H. Variances
1. Any variance to the provisions of this section shall be heard by the Zoning Board of Adjustment.
Chapter 3-Land Use Page 3-7