HomeMy WebLinkAboutOrdinances (O-14-1905)-01/21/2014 II '
ORDINANCE 0-14-1905
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3-LAND USE, 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 Section 3.26 of the
Land Development Code by amending the maintenance and
construction standards for fences and free standing walls; 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 Chapter 3-Land Use, Section 3.26 of the Land Development
Code, is hereby amended to read as depicted in the attached
Exhibit "A".
Sec. 2. 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
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. 3. 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.
Ordinance 0-14-1905
Page 2 of 2
Sec. 4. 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. 5. THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 6. THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 7th day of
January 2014.
The second reading and public hearing being conducted on the 21st day of
January 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the o21 day of Ja4ttLkar 2014.
TTEST: CITY OF COLLEYVILLE
Amy 1; elley, TRM/ David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
i\k* LY) .
Matthew C. G. Boyle
City Attorney
Exhibit "A"
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
1. All fences erected as provided for in this section shall be maintained in good condition.
2. A fence shall not lean more than one inch out of vertical for each foot of height as measured from the
top of the fence.
3. The owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days
of, the day the owner received notice from the Administrative Official, with the same material, or
material with comparable composition, color, size, shape and quality of the original fence to which the
repair is being made. No permit is required for repairs as defined in this ordinance.The Administrative
Official may, upon written notice from the owner that unusual circumstances prevent the timely repair
of a fence, extend the replacement time as required. The Administrative Official shall not extend the
replacement time longer than reasonably necessary. The owner requesting a replacement time
extension shall provide the Administrative Official a written scope and schedule detailing materials
and estimated time period of the completed replacement for approval.
4. A fence shall be maintained in sound structural condition as a whole or completely removed, including
post(s).
5. Property owners shall maintain fences, including those existing prior to the adoption of this
Ordinance, at all times in a state of good repair, safe and secure condition, with all braces, bolts,
nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or
loosening, and able to withstand at all times the wind pressure for which they were designed.
6. Property owners shall regularly paint fence supports, gates, structural members and exterior surfaces
that are covered with paint to prevent rusting, peeling or blistering surfaces.
7. Existing fences that were constructed prior to the adoption of this Ordinance that were constructed
with materials not currently permitted by this Ordinance may be maintained as long as no part of the
fence is or becomes unsafe, dilapidated,or a public nuisance. If the Administrative Official determines
the fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials
approved by this Ordinance or be removed.
Chapter 3-Land Use Page 3-1
Exhibit "A"
Colleyville,Texas,Land Development Code
8. 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 between the fence and an adjacent fence on a
neighboring property, the property line to the back of curb or edge of the pavement or center of alley,
free and clear of debris and high weeds.
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.
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 mobile
home uses shall be maintained in good condition by the property owner of the commercial,
institutional, multifamily and mobile 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.
Chapter 3-Land Use Page 3-2
Exhibit "A"
Colleyville,Texas,Land Development Code
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
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".
THIS AREA*1ST 1E "t' ,'
KEIT CLEAR AND SHILL I y. -
NOT 1E MIMED 10
•OBSTRUCT THE VIEW
Of MOTORIST
1.I
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".
Chapter 3-Land Use Page 3-3
Exhibit "A"
Colleyville,Texas,Land Development Code
\ •STAEEi a.l.W 26 —
-- --- 1 y I -I ----
TYPICPI.
OOa1ER I , v'ISIIILITT algal
LOT 111 GE NTT CLEAR OF
'FECAL O$STouLTIONS
, -PoPERTY
1 LFhE
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".
AIEA MOH NE
CITY MEET MMIWS AtE iltatOAII*LE
_ TO MAIIFTsio,
I I I
T1'II(pt,
Ixiii I t
usr
CI T1 STREET FIGURE 3
pAO?ORTY OWHE3 '9 8E540N'"'I
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
Chapter 3-Land Use Page 3-4
Exhibit "A"
Colleyville,Texas,Land Development Code
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.
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.
14. General Construction Requirements for Wood Fences
a. For commercial properties, all vertical posts on fences over four (4) feet in height shall be
galvanized steel with a minimum two(2)and three-eighths(3/8")inch diameter,a minimum fifteen
(15)gauge thickness, and set in a concrete footing. Picket fences, split rail fences, ranch style or
agricultural fences, or other types of decorative fences approved by the Building Official or his/her
designee shall be permitted to use wood posts.
b. Concrete footings shall be a minimum of eight(8)inches in diameter.
c. For fences less than seven (7)feet in height, posts shall be spaced at a maximum of eight(8)feet
on center, set in a concrete footing of no less than twenty-four(24")inches deep.
d. For fences that are seven (7)feet or greater in height, posts shall be spaced at a maximum of six
(6)feet on center, set in a concrete footing of no less than thirty-six(36")inches deep.
e. Fence posts attached to or supported by other structures, including retaining walls, shall be
provided with foundation and anchorage to prevent movement of structure or retaining wall.
f. All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical
posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust,
vandalism and other sources of decay.
g. The bottom of the fence shall be designed to prevent ground to wood contact. This can be
achieved through the use of a concrete strip poured between the fence supports or by raising the
pickets to provide a minimum of two inches between the bottom of the pickets and the ground.
Fences located within drainage easements must be approved by the Public Works Director per
the requirements of Section 8-170 of the Land Development Code and shall be built such that
required drainage and stormwater run-off is not impeded.
h. All wood material shall be stained, pressure treated, painted, or adequately sealed to prevent
decay.
15. Sealed Plans Required for Masonry Walls, Columns and Fences: For all masonry walls,columns and
fences authorized by this Section, required plans and specifications shall be prepared and sealed by
a State of Texas registered engineer and shall consider the site's soil characteristics, wind loadings,
and other environmental considerations. All field inspections and verifications for a new masonry
wall, fence,and column must be approved by the design professional mentioned above or the
professional's representative. Said inspection approval must be submitted to the Building Official in
writing prior to the City's final inspection.
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 structure faces.
Chapter 3-Land Use Page 3-5
Exhibit "A"
Colleyville,Texas,Land Development Code
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
(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".
Chapter 3-Land Use Page 3-6
Exhibit "A"
Colleyville,Texas,Land Development Code
�I d
(1) -25' City Street
lIl 15'I. x . . .
- Front—
C_1- C7--d. -- d.
Front
(1)i t25' 15's 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
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.
Chapter 3-Land Use Page 3-7
Exhibit "A"
Colleyville, Texas,Land Development Code
Exhibit"A°
lir
Side Yard
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1 IU :iTL 0 "7' I.
AP 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 theCommunity Development Department.
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.
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 3-8