The purpose and intent of this article is as follows:
(1) 
Stabilizing ecological balance.
To aid in stabilizing the environment’s ecological balance by contributing to the processes of air purification, oxygen regeneration, ground water recharge, and stormwater runoff retardation, while at the same time aiding in noise, glare and heat abatement.
(2) 
Retention of native vegetation.
To ensure that the local stock of native trees and vegetation is retained and replenished.
(3) 
Adequate light and air.
To assist in providing adequate light and air and in preventing overcrowding of land.
(4) 
Visual buffering.
To provide visual buffering and enhance the beautification of the city.
(5) 
Enhancement of property values.
To safeguard and enhance property values and to protect public and private investment.
(6) 
Economic base.
To preserve and protect the unique identity and environment of the city and to preserve the economic base attracted to the city by such factors.
(7) 
Conservation.
To conserve energy.
(8) 
Protection.
To protect the public health, safety and general welfare.
(Ordinance 1133, § 1(7-100), 3-22-94)
This article specifies the standards for the treatment of open space in a manner so as to promote safety, preserve property value, promote the general welfare of the city, and to enhance the aesthetic quality of the community.
(Ordinance 1133, § 1(7-200), 3-22-94)
Except as otherwise provided below, these regulations shall apply to all land within the city. Such landscaping standards shall become applicable at such times as an application for a building permit is made. These requirements remain with any subsequent owner.
(1) 
Exemptions.
These requirements shall not apply to building permits for the following:
a. 
Land in planned development districts having a specifically approved landscape plan;
b. 
Substantial restoration within a period of 12 months for a building which has been damaged by fire, explosion, flood, tornado, riot or calamity of any kind;
c. 
Remodeling as long as the front and side exterior walls of the building remain in the same position.
(2) 
Prior approvals.
Where a specific landscape plan has been approved prior to the effective date of this chapter, the landscaping requirements of the city in effect at the time of such approval shall apply.
(Ordinance 1133, § 1(7-201), 3-22-94)
All one- and two-family dwellings shall have installed not less than 14 locally adapted shrubs and two two-inch caliper locally adaptable large trees. Such required landscaping shall be located within the front yard and be in a thriving condition at time of final inspection of the main structure.
(Ordinance 1133, § 1(7-202), 3-22-94)
(a) 
Area required.
On all lots, not less than 15 percent of the area of the street yard shall be landscaped area. All of the required landscaped area shall be located in the street yard and parking lots.
(b) 
Trees required.
At least one large tree of at least three inches in caliper and 12 feet in initial height shall be provided as follows:
(1) 
Street yards less than 10,000 square feet. In street yards of less than 10,000 square feet, one tree per 1,000 square feet, or fraction thereof, of street yard shall be maintained.
(2) 
Street yards between 10,000 and 100,000 square feet. In street yards of more than 10,000 square feet and not more than 100,000 square feet, not less than ten trees plus one tree per 2,000 square feet, or fraction thereof, of street yard area over 10,000 square feet shall be maintained.
(3) 
Street yards of more than 100,000 square feet. In street yards of more than 100,000 square feet, not less than 55 trees plus one tree per 4,000 square feet, or fraction thereof, of street yard area over 100,000 shall be maintained.
(4) 
Credit for existing trees. An existing or planted tree of at least six inches in diameter and at least 15 feet in height shall be considered as two trees for purposes of satisfying this requirement. All existing trees used to satisfy the minimum required number of trees shall be maintained in an undisturbed permeable area contained within the dripline of the tree.
(5) 
Ornamental trees. In lieu of one large tree, two small trees (as listed on the plant list contained herein) may be used. Said small trees shall be a minimum of six feet in height at the time of planting. Not more than 50 percent of the required large trees may be substituted by installing ornamental trees at a rate of two ornamental trees to one large tree. All newly planted trees shall be planted in permeable area of not less than three feet in diameter.
(c) 
Shrubbery required.
Placement of shrubbery shall be taken into consideration as to the plant at full maturity, and be located so as not to conflict with vehicular or pedestrian traffic visibility. Shrubbery shall be provided as follows:
(1) 
Street yards of less than 10,000 square feet. In street yards of less than 10,000 square feet, not less than one shrub shall be maintained for every 50 square feet of the area required to be landscaped.
(2) 
Street yards between 10,000 and 100,000 square feet. In street yards having at least 10,000 and not more than 100,000 square feet, 30 shrubs plus one shrub per 100 square feet of required landscaped area over 1,500 square feet shall be provided.
(3) 
Street yards more than 100,000 square feet. In street yards of more than 100,000 square feet, not less than 165 shrubs plus one shrub per 500 square feet of required landscaped area over 15,000 square feet shall be maintained.
(d) 
Ground cover required.
Ground cover shall be provided as follows:
(1) 
Street yards less than 10,000 square feet. In street yards of less than 10,000 square feet, not less than ten percent of the land area required to be landscaped shall be maintained in ground cover.
(2) 
Street yards 10,000 square feet or more. In street yards of 10,000 square feet or more, not less than 150 square feet of ground cover plus five percent of the required landscaped area over 1,500 square feet (up to 4,000 square feet) shall be maintained in ground cover.
The remaining landscaped area shall be maintained in lawn grass and bedding plants, with mulch used around bedding plants, shrubs and trees. All ground cover areas shall be kept clear of weeds and undergrowth.
(e) 
Parking lots and vehicular use areas.
A minimum amount of the total area of all vehicular use areas shall be devoted to landscaped islands, peninsulas or medians.
(1) 
Street yard area.
The minimum total area in such islands, peninsulas and medians in the street yard shall be 90 square feet for each 12 parking spaces. Landscape islands, peninsulas and medians located in the street yard may be included in calculating the minimum required landscape in the street yard.
(2) 
Nonstreet yard area.
The minimum total area in such islands, peninsulas and medians in the nonstreet yard shall be 60 square feet for each 12 parking spaces.
(3) 
Distribution of islands, medians, and peninsulas.
The number, size, and shape of islands, peninsulas, and medians, in both street and nonstreet yards shall be at the discretion of the applicant. All required islands, peninsulas and medians shall be more or less evenly distributed throughout such parking areas, respectively; however, the distribution and location of landscaped islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features so long as the total area requirements for landscaped islands, peninsulas, and medians for the respective parking areas above is satisfied.
(f) 
Indiscriminate clearing prohibited.
The existing natural landscape character (especially native oak, elm and pecan trees) shall be preserved to the extent reasonable and feasible. In an area of the street yard containing a stand of trees, the applicant shall use best good faith efforts to preserve such trees. In determining compliance with this subsection, the administrator shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reasonably related to the health, safety and welfare of the public which necessitated disturbance of the existing natural character; the nature and quality of the landscaping installed to replace it; and such other factors as may be relevant and proper. Indiscriminate clearing or stripping of the natural vegetation is prohibited.
(g) 
Irrigation.
All required landscaping shall be irrigated by an underground irrigation system approved by the administrator.
(h) 
Erosion control.
All impervious areas shall be maintained with groundcover and shrubbery in a manner to control erosion.
(i) 
Protection.
All required landscaped areas which are adjacent to pavement shall be protected with concrete curbs or equivalent barriers (such as railroad ties, continuous border plants or hedgerows).
(j) 
Obstruction prohibited.
Landscaping shall not be located or placed to obstruct any emergency equipment such as fire hydrants and sprinkler system connections, etc., nor shall landscaping be placed in a manner to obstruct emergency ingress/egress access to the building. Landscaping shall not obstruct views between the street and access drives or parking aisles near street yard entries and exits, nor shall any landscaping obstruct views within the radius of any curb return. Sight triangles shall be provided within the property at all driveways and street intersections. Sight triangles shall be eight feet by 70 feet with the eight-foot leg within the property along the driveway.
(k) 
Maintenance.
All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping.
Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material which dies shall be replaced with plant material of similar variety and size.
(l) 
Right-of-way.
Landowners are encouraged to landscape nonpaved publicly-owned street right-of-way abutting their land. Provided, however:
(1) 
Removal of landscaping.
The city may at any time remove or require the landowner to remove any landscaping located within any right-of-way or public easement for the purpose of public safety, access to utilities and to perform any public improvements within said right-of-way or public easement.
(2) 
Traffic regulations.
Such landscaping in the right-of-way shall observe established rules and regulations pertaining to traffic and pedestrian safety.
(m) 
Parking lot lighting.
Landscape provided in vehicular and pedestrian use areas shall be designed so that the maturing of the landscaping will not conflict with the lighting scheme.
(n) 
Recommended plants.
All plants used to satisfy this chapter shall be of a species common or adaptable to this area of Texas. The following is a list of recommended plants within each plant material type. The applicant may propose plants other than those listed if the plant is appropriate for the intended use.
Recommended Plants
 
Large Trees
Common Name
Botanical Name
Comments
Evergreen?
Height
Growth
Water
Afghan Pine
Pinus eldarica
Fast growing, drought tolerant
No
25–50'
Rapid
Mod
Bald Cypress
Taxodium distichum
Likes wet feet, fall color
No
50'+
Mod
Moist
Bradford Pear
Pyrus calleryana “Bradford”
Shiny foliage, disease resistant
No
25–50'
Mod
Mod
Bur Oak
Quercus macrocarpa
Nice branching shade tree
No
50'+
Rapid
Mod
Cedar Elm
Ulmus crassifolia
Nice for shade
No
25–50'
Mod
Mod
Lacebark Elm
Ulmus parvifolia
Fast growth, disease resistant
No
25–50'
Rapid
Mod
Live Oak
Quercus virginiana
Long lived
Yes
25–50'
Slow
Dry
Pecan
Carya Illinoensis
Texas state tree, great for shade
No
70'
Mod
Moist
Pistache
Pistachia chinenesis
Fall color, rapid growth
No
25'
Rapid
Mod
Red Oak
Quercus Shumardii
Red fall color excellent shade
No
50'+
Rapid
Mod
Southern Magnolia
Magnolia grandiflora
Large evergreen
Yes
60–70'
Mod
Moist
Small Trees
Common Name
Botanical Name
Comments
Evergreen?
Height
Growth
Water
Crape Myrtle
Lagerstroemia indica
Summer blooms in many colors
No
<25'
Rapid
Mod
Japanese Black Pine
Pinus thunbergi
Evergreen ornamental
Yes
<25'
Mod
Mod
Mexican Plumb
Plumus mexicana
Bright white flowers
No
<25'
Mod
Mod
Purpleleaf Plum
Prunus cerasifera
Purple foliage, flowers in spring
No
<25'
Rapid
Mod-dry
Redbud
Cercis canadensis
Pink flowers in spring
No
<25'
Mod
Mod
Yaupon Holly
Ilex vomitoria
Very hardy, great in small areas
Yes
<25'
Rapid
Mod-dry
Shrubs
Common Name
Botanical Name
Comments
Evergreen?
Height
Growth
Water
Dwarf Burford Holly
Ilex cornuta “Bufordii nana”
Shiny green leaf
Yes
5'
Mod
Mod
Dwarf Chinese Holly
Ilex cornuta “Rotunda”
Low rounded growth, tough
Yes
3'
Slow
Mod
Dwarf Yaupon
Ilex vomitoria “nana”
Dense rounded growth
Yes
3'
Slow
Mod
Flowering Quince
Chanomeles “Texas Scarlet”
Red flower, early spring
No
6'
Mod
Mod
Forsythia
Forsythia intermedia
Yellow flower in early spring
No
6'
Mod
Mod
Japanese Barberry
Berberis thunbergi
Thorns, red foliage
Yes
2–5'
Slow
Mod
Nandina
Nandina Domestica
Red winter foliage
Yes
6'
Rapid
Mod
Pampas Grass
Cordateria Selloana
Fall flower
Yes
6'
Rapid
Mod
Photinia
Photinia Fraseri
Tall, red foliage spring/fall
Yes
15'
Rapid
Mod
Sea Green Juniper
Juniperus Chinensis “Sea Green”
Arching growth
Yes
6'
Mod
Mod
Spiraca
Spiraca prunifolia
White flower, April-May
No
6'
Mod
Mod
Tam Juniper
Juniperus sabina “Tam”
Low growth, tolerates heat
Yes
5'
Mod
Dry
Texas Sage
Leucophyllum frutescens “nana”
Gray foliage, blooms after rain
Yes
6'
Slow
Mod-dry
Ground Covers
Common Name
Botanical Name
Comments
Evergreen?
Height
Growth
Water
Asian Jasmine
Trachelospermum asiaticum
Rapid spread
Yes
1.5'
Rapid
Mod
Euonymus Coloratus
Euonymus fortunei “coloratus”
Winter color
Yes
1.5'
Mod
Mod
Juniper Species
Jun. horizontalis, procumbens
Tolerates heat/drought
Yes
1.5'
Slow
Mod
Mondo Grass
Ophiopogon japonicus
Small dark leaves
Yes
8"
Rapid
Mod
Monkey Grass
Liriope muscari
Hardy, blue flower
Yes
1.5'
Rapid
Mod
Vinca/ Periwinkle
Vinca Minor
Shade, blue flowers
No
1.5'
Rapid
Mod
(Ordinance 1133, § 1(7-202), 3-22-94; Ordinance 1170, § I, 4-11-95)
(a) 
Landscape plan required.
A landscape plan shall be required containing the following information:
(1) 
Date, graphic scale, north arrow, title and name of applicant/owner.
(2) 
Location of existing boundary lines and dimensions of the tract.
(3) 
Approximate centerline of existing water courses; location of significant drainage features; and the location and size of existing and proposed streets, alleys, utility and emergency access easements and sidewalks.
(4) 
Location, size, and type (tree, shrub, groundcover or grass) of landscaping in proposed areas and location and size of proposed landscaped areas.
(5) 
Location and species of existing trees having trunks of six inches or larger in diameter and the approximate size of their crowns.
(6) 
Information necessary for verifying the required minimum amount of landscaped area.
(7) 
Plans for protecting retained existing trees from damage during construction.
(8) 
Location and size of the proposed irrigation system.
(b) 
Professional requirement.
Landscape plans for projects which incorporate over two acres of lot area shall be prepared and signed by a licensed professional landscape architect. All irrigation plans shall be prepared and signed by a licensed irrigator or other professional authorized by the state to design such systems.
(c) 
Plan approval.
Landscaping and irrigation shall be installed in accordance with plans approved by the administrator. Should the administrator deny a landscaping scheme for noncompliance with the requirements the applicant, may, within seven days of the decision, appeal that decision to the planning and zoning commission. The planning and zoning commission shall be the final judge as to whether the proposed landscape plans complies with the intent of these regulations. However, not less than three-quarters of all the members of the planning and zoning commission shall be required to overturn the decision of the administrator.
(d) 
Fee required.
An inspection fee in an amount set by council shall be collected by the administrator at the time of application of a building permit.
(e) 
Fiscal arrangements.
If, at the time of an application for a certificate of occupancy, required landscaping is not yet in place for seasonal consideration, the applicant shall make fiscal arrangements (by bond, certificate of deposit, or letter of credit) satisfactory to the city in the amount of $2.00 per square foot of required landscaping not yet in place to ensure that such shall be installed. Any applicant making such fiscal arrangements shall also grant to the city license to enter upon the land for the purposes of installing the required landscaping in the event that such landscaping is not installed by the applicant within nine months. Such fiscal arrangements shall be for a period of not less than 12 months.
(Ordinance 1133, § 1(7-203), 3-22-94)
(a) 
Applicability.
These regulations shall apply to all land within the city. Such screening regulations shall become applicable upon any change of use, ownership, occupancy or at such time as a building permit is applied for except as otherwise specified by this chapter.
(b) 
Types of screening (in general).
Where required, screening fences and walls shall be erected to a height not less than six feet and provide a visual barrier from adjacent properties and streets. Such screening shall be permanently and adequately maintained by the owner of the property on which the screening is required. Except for the landscape buffer, no screening fence or wall shall have more than 40 square inches of openings over any one square foot of fence or wall surface. Only the following types of screening shall qualify as meeting the requirements of this chapter.
(1) 
Landscaped buffer.
This type of screening shall consist of a landscaped strip of not less than five feet in width and shall include hedgelike shrubbery of evergreen planting material capable of obtaining a minimum height of six feet within the first three years of initial planting. Such evergreen planting material shall be planted at a minimum spacing of four feet on centers and be a minimum height of two and one-half feet at initial planting. An automatic underground drip irrigation or sprinkler system shall be provided for all required landscaped buffer screens. Any landscaped buffer required by this code shall be maintained in a healthy, thriving condition.
(2) 
Screening fence.
Fencing may consist of a solid wood panel or a galvanized metal chainlink fence with all-weather slats interwoven into the metal fabric. Such fencing shall be constructed on metal posts and placed in concrete footings with bracing. When a screening fence is required, a ribbed metal panel fence or masonry wall as described below may be used.
(3) 
Ribbed metal panel fence.
A ribbed metal panel fence shall be suitably finished to blend with the primary structure and shall be erected on a structurally sound metal frame set in concrete. When a ribbed metal panel fence is required, a masonry wall described below may be used.
(4) 
Masonry wall.
A masonry fence or wall shall be constructed with the finish side out and of any of the following materials: native stone, brick, precast concrete panels with decorative finish or decorative masonry unit. In no case shall more than 25 percent of the area of the wall be erected with common smooth faced masonry units. Masonry wall panels must be engineered with structural concrete footings. Steel lintels shall be required for thin wall construction. Brick detailing shall be added to the top of a masonry wall to produce a change in texture and plane, and offsets shall be created in the wall to provide visual variety. Masonry columns must be installed at a maximum of 30 feet on centers, shall be taller than the rest of the wall, and shall have decorative caps.
(c) 
Screening of satellite reception dishes.
All ground-mounted satellite television reception dishes greater than eight feet in diameter and authorized herein without special use permit, wherever located, shall be visually screened on all sides by a five-foot wide landscaped buffer as described by section (b)(1) above.
(d) 
Screening required between uses and dissimilar districts.
Screening between an incoming use and a less intensive zoning district shall be provided prior to occupancy of the incoming use. Uses not specifically listed shall comply with the screening requirements for the listed use it most closely resembles. Said screening shall comply with the following table.
Table 7-A. Minimum Screening Between Uses and Districts
 
 
Incoming Use
 
 
Single-Family Detached
Single-Family Attached
Duplex
Modular or Mobile Home
Town House
Multi-Family
Office Retail Service
Ware-house/ Storage
Manu-facturing Assembly
 
 
SFD
SFA
DUP
MH
TH
MF
COMM
WH
MFG
A
R-1C
None
b
b
a & b
a & b
a & d
a & d
a & d
a & d
D
R-1
None
b
b
a & b
a & b
a & d
a & d
a & d
a & d
J
R-1L
None
b
b
a & b
a & b
a & d
a & d
a & d
a & d
A
R-1A
None
None
b
b
b
a & b
a & b
a & d
a & d
C
R-2
None
None
None
b
b
a & b
a & b
a & d
a & d
E
MH
None
None
None
None
b
a & b
a & b
a & d
a & d
N
R-3
None
None
None
None
None
b
a & b
a & d
a & d
T
R-4
None
None
None
None
None
None
a
a & c
a & c
 
R-5
None
None
None
None
None
None
a
a & c
a & c
Z
C-1
None
None
None
None
None
None
None
c
c
O
C-2
None
None
None
None
None
None
None
c
c
N
TX-10
None
None
None
None
None
None
None
None
c
I
LI
None
None
None
None
None
None
None
None
c
N
I-1
None
None
None
None
None
None
None
None
None
G
I-2
None
None
None
None
None
None
None
None
None
 
Public right-of-way abutting side or rear yards
D
D
D
D
None
None
None
None
None
a = Five-foot landscape strip with six feet tall evergreen hedge (as per subsection (b)(1)). b = Six-foot high fence, wood or chainlink with slats (as per subsection (b)(2)).
c = Six-foot high ribbed metal panels (as per subsection (b)(3)).
d = Masonry wall or fence (constructed as per subsection (b)(4)) of not less than six feet nor more than eight feet in height.
(e) 
Refuse/recycling collection areas other than single-family or two-family uses.
No refuse/recycling collection areas shall be located within the required front or street side yard or within 20 feet of any property zoned for single-family or two-family residential purposes. Refuse/recycling collection areas shall be screened from adjacent properties and streets on a minimum of three sides within a masonry wall enclosure meeting the standards of subsection (b)(4) above. Wall height of the masonry enclosure shall be six feet or the height of the proposed refuse/recycling receptacle whichever is greater. If the refuse/recycling receptacle is a dumpster, the dumpster shall be spaced a minimum of two and one-half feet from the inside walls of the masonry enclosure, and such spacing shall be maintained by the placement of wheel stops or bollards on all four sides to center and space the dumpster within the enclosure. Such wheel stops shall be securely affixed to the pavement and shall be spaced to allow for drainage. A concrete pad shall be contained within the masonry wall enclosure and shall extend not less than 12 feet in front of the enclosure. Such concrete pad shall be paved and reinforced as specified in section 84-202(2), Table 5-A-1. Significant effort shall be made to orient the unscreened opening of refuse/recycling collection areas away from view of a public street where practical. All refuse/recycling collection areas established from and after the effective date of this amendment shall conform to the requirements of this section.
(Ordinance 1133, § 1(7-300), 3-22-94; Ordinance 1339, § III, 3-23-99; Ordinance 1443, § I, 9-26-00; Ordinance 1633, §§ I, II, 3-23-04)
(a) 
Applicability.
This section shall apply to all land within the city upon the effective date of the chapter. Planned development, specific use permits or other plans approved by city council specifically authorizing outside sales, storage or display shall be permitted in accordance with the provisions established at approval.
(b) 
Residential uses.
In all residential districts, no open outside accessory storage or display of materials, commodities, or machinery shall be permitted, other than that which is incidental to the main use of the property as a residence. The following conditions shall apply to incidental storage and temporary residential outdoor storage:
(1) 
Incidental storage.
a. 
Permitted behind the main structure.
b. 
Area devoted to storage is not more than 60 percent of the required rear yard.
c. 
Said area shall be kept neat and clean and free of all tall grass and weeds.
d. 
Must be screened from all adjacent properties and streets in accordance with subsection 84-336(b)(1) or (b)(2) of this article.
e. 
No materials shall be stacked to a height greater than the visual screen.
f. 
Materials shall not be stored in a manner which would attract or harbor vermin.
(2) 
Temporary outdoor storage per section 84-7 “Definitions and word usage”. (See subssection 84-85(a) for definitions and conditions associated with the use of accessory buildings in residential districts).
a. 
Permit required.
Homeowner must contact building official or his designee to apply for a temporary permit that will be displayed on container and identify when container shall be removed. (See section 30-8 for fee schedule)
b. 
Effectiveperiod.
Temporary permit valid for 30 days. Limited to two times per year. Under extreme circumstances, applicant may appeal to building official who may consider granting an extension.
c. 
Portable on demand (PODS) containers can be no larger than eight feet x 16 feet on the ground and eight feet tall.
d. 
Roll-off containers can be no longer than 40 cubic yards.
e. 
Cannot be located in easement, alley way, street, or public right-of-way.
f. 
Prefer placement on paved surface. If not available, location on unpaved surface must be approved by building official.
g. 
Cannot be located any closer than three feet from primary structure.
h. 
Container should be secured when unattended for safety reasons. The structure must be kept clean and free of trash and debris at all times.
(c) 
Nonresidential uses.
Except as otherwise specifically authorized by these codes, all outdoor sales, storage and display areas shall be located behind building lines and shall be screened in accordance with section 84-336(b)(2). Any outside storage or outside use area established after the effective date of this chapter shall be screened by a fence in accordance with section 84-336(b)(2) unless the screen is visible from public street, in which case that portion of the screen visible to the street shall be masonry in accordance with section 84-336(b)(4). Openings for access to the outside storage or outside use area shall be equipped with gates capable of screening the activities and user from view when closed. Such gates shall not be designed to swing outward towards the street. In no case may any materials be stored higher than the screening provided.
(Ordinance 1133, § 1(7-400), 3-22-94; Ordinance 1708, § II, 9-27-05)
This division specifies regulation for all freestanding fences and walls within the city. These regulations are designed to promote safety, preserve property value, promote the general welfare of the city and to enhance the aesthetic quality of the community.
(Ordinance 1133, § 1(7-500), 3-22-94)
Except as otherwise provided below, these regulations shall apply to all land within the city. These standards and administrative requirements shall be for the purpose of regulating freestanding walls and fences and shall become applicable as of the effective date of this code.
(1) 
Exemptions.
These standards shall not apply to fences or walls that receive specific approval in the form of a specific use permit, planned development or approved variance. These exemptions do not imply any exception to the permitting or variance/appeals stated within this section.
(Ordinance 1133, § 1(7-501), 3-22-94)
(a) 
Obstruction prohibited.
No fence, screen, freestanding 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 36 inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven feet above ground level. (For example see Appendix “A”.)
(b) 
Twenty-five-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 25 feet back from the property corner along both streets. (For example see Appendix “A”.)
(c) 
Barbed wire prohibited.
Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited; provided, however, a security fence not less than six feet in height may be topped with barbed wire that is located on property not zoned for residential purposes.
(d) 
Electrical fences prohibited.
No fence shall be electrically charged in any form or fashion.
(e) 
Eight-foot maximum height.
No fence in a residential district shall exceed eight feet in height above ground level at the fence line.
(f) 
Emergency ingress and egress required.
In order to allow ingress/egress of emergency personnel and equipment, at least one gate or opening not less than three feet in width shall be required within each fence or wall that is adjacent to or running parallel with a public right-of-way, alley, drainage, utility or access easement. One such opening is required for each lot or in cases where the lot frontage is greater than 200 feet. An opening or gate shall be located not less than 200 feet to another opening on the same property.
(g) 
Property owners’ responsibility.
The construction of a fence or wall on the property line shall not preclude the property owners’ 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 Appendix “A”.)
(h) 
Public property.
No fence, guy wire, brace or any post of such fence shall be constructed upon or caused 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.
(i) 
Swimming pools.
All swimming pools shall be fenced in addition to the requirements of the Uniform Building Code as amended and adopted by the City of Euless. The following specifications shall apply:
(1) 
Private pools (single-family residence).
a. 
The entire pool shall be enclosed.
b. 
Minimum height of six feet.
c. 
Wood construction or approved equal.
d. 
The fence shall be equipped with self-closing and self-latching gates.
(2) 
Public pools (apartments, hotels, motels, condominiums, townhouses, and mobile home parks).
a. 
The entire pool shall be enclosed.
b. 
Minimum height of four feet.
c. 
Wood or chainlink construction or approved equal.
d. 
The fence shall be equipped with self-closing and self-latching gates.
(Ordinance 1133, § 1(7-502), 3-22-94)
(a) 
Front yards.
(1) 
No fence or freestanding wall greater than 36 inches in height shall extend into the required front yard of property zoned for one or two-family dwellings on a lot less than one-half acre in size.
(2) 
Decorative fencing or security fencing may extend into the required front yard of all other property meeting the following requirements:
a. 
The property shall be zoned for one or two-family dwellings on a lot one-acre or more in size, or commercial, or multifamily.
b. 
Fences 36 inches or more above the finished grade of the lot shall not be more than 25 percent solid, and not less than ten feet from the property line.
c. 
The primary fencing material shall be of wrought iron, exposed aggregate tilt wall, fired masonry, approved wood rail construction or other material approved by the city building official. (For example see Appendix “A”.)
(3) 
The primary fencing material shall be of wrought iron, exposed aggregate tilt wall, fired masonry, approved wood rail construction or other material approved by the city building official. (For example see Appendix “A”.)
(b) 
Side fence and freestanding wall setbacks.
No fence or wall greater than 36 inches in height shall be located less than 15 feet from any side property line that is adjacent to a public street unless:
(1) 
The subject lot backs up to the rear property line of another lot, in which case no side fence setback is required. (For example see Appendix “A”.)
(2) 
The subject lot backs up to an access easement or alley right-of-way, in which case a ten-foot visibility triangle shall be required. (For example see Appendix “A”.)
(c) 
Rear fence and freestanding wall setbacks.
Fences and walls meeting all of the above requirements 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 36 inches in height shall be located within 15 feet of the subject lots rear property line. (For example see Appendix “A”.)
(Ordinance 1133, § 1(7-503), 3-22-94; Ordinance 1519, § I, 1-22-02; Ordinance 1537, § 1, 6-25-02)
(a) 
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.
(b) 
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:
(1) 
Applicant’s 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.
(2) 
Name of owner of property.
(3) 
Local address where fence is proposed to be erected.
(4) 
Type of fence construction.
(5) 
Height of fence.
(6) 
Plat 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.
(c) 
Permit fee.
A permit fee shall be paid prior to the issuance of any fence permit. The fee charged shall be in accordance with city schedule of fees.
(Ordinance 1133, § 1(7-504), 3-22-94)
(a) 
Variances.
The city council may appoint a board consisting of at least five members, who, after review of the application for variance or appeal by the city attorney for determination as to form thereof 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 200 feet of the proposed variance, may grant a variance to this chapter where, in its opinion, the board finds the following requirements have been met:
(1) 
Granting the variance will not adversely affect the interest of the City of Euless;
(2) 
Granting the variance will not adversely affect the neighboring property owners;
(3) 
There is, in the boards opinion, a hardship on the land, and that hardship is not a personal or self-created hardship.
(b) 
Application for variance.
Application for a variance shall be made by submitting the following to the city planning department:
(1) 
Letter requesting to be heard by the board described in subsection (a) above for a variance and a statement of the nature of variance being requested.
(2) 
An application fee prescribed in the city schedule of fees shall be paid prior to any public notification or being placed on the boards agenda.
(c) 
Appeals.
The board described in subsection (a) above shall have the authority to hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the building inspector in the enforcement of this chapter.
Such appeals shall be made in the manner described above in subsection (b)(1) of this section. No application fee is required.
(Ordinance 1133, § 1(7-505), 3-22-94)