(a)
A fence is a barrier erected upon, or immediately adjacent to, a property line for the purpose of separating properties, enclosing or protecting the property within its perimeter. Construction site barriers and landscape treatments shall not be classified as a fence.
(b)
An approved masonry fence shall include brick, decorative block, split-face stone construction, natural stone, stucco, or other material approved for the primary purpose of masonry fence construction; but shall not include concrete masonry unit (CMU) blocks.
(1)
Permit required.
It shall be unlawful for any person to erect or have erected a new fence, or replace an existing fence in the city without first obtaining a construction permit.
(2)
Encroachment on public property.
Fences, guy wires, braces or any post of such fence shall not 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 except upon private utility easements.
(3)
Height and construction requirements.
(A)
Fences shall not be erected, constructed, or reconstructed to a height of more than six feet (6') above the adjoining ground level of the owner's or lessee's property.
(B)
No fence shall be erected, constructed, or reconstructed to a height of more than twenty-four inches (24") above the adjoining ground level of the owner's or lessee's property when placed in a front yard.
(C)
Fences shall not be constructed in any manner that will disrupt proper drainage, or divert drainage onto adjacent property.
(D)
Materials permitted are wood, masonry, chain link, wrought iron, galvanized steel pipe, vinyl or other materials designed for the primary purpose of fence construction unless otherwise regulated or prohibited by the zoning ordinance.
(E)
All structural members shall be designed to prevent rust, corrosion and rotting or be of a material that is impervious to rust, corrosion, rotting or deterioration from the elements.
(F)
All new wood fences must use metal posts set in concrete as approved by the building official. Alternative fence post materials for fences such as vinyl, masonry or post and rail fences may be approved by the building official.
(G)
Fences shall be constructed in a manner to provide a continuous barrier without missing sections along each elevation side. Gates shall be allowed to be an integral part.
(H)
A fence shall not be constructed to restrict the visibility of a driver of a vehicle or be sight-obscuring within the sight triangles set forth for street to street or drive to street intersections.
(4)
Wooden fences minimum standards.
(A)
Materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism, and other sources of decay.
(B)
Fences shall be treated lumber or treated with weather-resistant material to prevent premature deterioration.
(5)
Fence maintenance.
(A)
Fences facing a thoroughfare shall be adequately maintained by the owner(s) or person(s) in charge of the property and shall not become dilapidated or deteriorated.
(B)
A fence facing a thoroughfare shall be considered dilapidated if its pickets or structural members between vertical supports are substantially damaged, missing or rotted beyond repair; or if any portion of the fence is more than fifteen degrees (15°) off vertical alignment.
(C)
All damaged, removed or missing portions of a fence facing a thoroughfare shall be replaced or repaired with like materials to the remaining portion of such fence.
(D)
Masonry fences and masonry fence columns facing a thoroughfare that require complete or partial replacement, damaged or in need of repair shall be replaced, repaired or reconstructed with the same or similar masonry materials and same or similar color of masonry materials provided the materials are still available and comply with the requirement for masonry fence construction.
(E)
The owner of a property that has a masonry fence that is not required by ordinance under zoning or development standards may appeal to the board of zoning adjustments to repair or replace an existing masonry fence or masonry fence columns facing a thoroughfare with alternative screening methods or materials that do not comply with regulations.
(F)
Fences shall not have murals, graffiti, advertising or other illegal signage.
(6)
Construction prohibited.
(A)
No fence erected above ground on any property shall be electrically charged in any manner or form which includes but is not limited to fences electrically charged by battery or those tied in with an electrical outlet.
(B)
Fences or any part of such fence shall not be constructed to impede ingress or egress of a stairway, entrance, or exit of a building.
(C)
Fences shall not restrict access to fire hydrants or city utility reading devices.
(D)
Fences shall not be constructed of broken concrete stacked in piles or rows, razor ribbon, sheet/corrugated metal, fiberglass panels, plywood, barbed wire, corral or feedlot panels, pallets made from wood or other material, or other materials not manufactured or designed for the primary purpose of fence construction.
(7)
Temporary construction site fences.
(A)
Construction sites.
Temporary construction site fences shall be permitted to enclose the complete project or a partial area. Fences under this section shall be erected in such position or placed so as to not be dangerous or detrimental to the health or safety of any person or obstruct the view so as to constitute a traffic hazard. Temporary construction fences shall be removed prior to occupancy of the facility.
(B)
Swimming pool construction sites.
A temporary fence not less than four feet in height shall be installed to provide a barrier for all unprotected portions of the pool capable of retaining water. A temporary fence shall not be used as the required permanent barrier for a swimming pool.
(8)
Fence plan review.
Prior to the erection or installation of any fence, a fence application must be submitted for review and approved. The application for permit is a no-fee permit, however it requires the requester to acknowledge an understanding of the city fence regulations.
(9)
Fence for residential swimming pool.
(A)
Regulations for private swimming pool fence construction shall be regulated by the currently adopted International Residential Code.
(B)
Public and semi-private swimming pools shall comply with the requirements of state law, including but not limited to chapter 214 of the Texas Local Government Code, chapter 757 of the Texas Health and Safety Code, and chapter 341 of the Texas Administrative Code [Health and Safety Code chapter 341].
(Ordinance O-02-2020, sec. 15-200, adopted 3/23/2020; 1997 Code, sec. 154.131)