Applicability. All fences must be erected and maintained in accordance with the following provisions, except as may be otherwise provided herein for specific circumstances and within specific zoning districts:
(A) 
The provisions of this Article 8 apply to all fences in the City, without regard to zoning, unless expressly stated otherwise.
(B) 
All fences erected or maintained pursuant to the provisions of this Article 8 must be in compliance with all other applicable ordinances of the City. In the event of conflict between this Article 8 and other laws, the most restrictive standard applies.
(C) 
No fence may be erected, maintained, placed, or otherwise situated in such a manner so as to obstruct or interfere with the minimum sight line standards as provided in Chapter 33 (Transportation) of the City Code.
(D) 
A fence that does not comply with the requirements of this Article 8 as of the effective date of this GDC is allowed to remain. However, any improvements, reconstruction, or construction to the fence is subject to the provisions of this Article 8.
(Ordinance 6773 adopted 5/19/15)
(A) 
No person may build a fence without having first applied for and obtained a permit from the City, except as provided in Subsection (B) below.
(B) 
A permit is not required to replace an existing fence that:
(1) 
Is otherwise in compliance with the provisions of this Article 8;
(2) 
Is not located within a yard adjacent to a street or at a street and alley intersection;
(3) 
Is not a required swimming pool fence; and
(4) 
Is in the same location, constructed of similar materials, and is of similar height as the fence it is replacing.
(Ordinance 6773 adopted 5/19/15)
Fences may be constructed of the following materials:
(1) 
Brick;
(2) 
Stone;
(3) 
Decorative metal (such as wrought iron);
(4) 
Concrete (such as “Woodcrete”);
(5) 
Wood;
(6) 
Chain-link; or
(7) 
Other “industry standard” fencing material (uncommon or atypical materials not normally used in the professional fence-building industry), if approved by the Building Official prior to installation.
(Ordinance 6773 adopted 5/19/15)
(A) 
No person may build or rebuild or maintain in place any fence composed, in whole or in part, of:
(1) 
Barbed wire or razor wire;
(2) 
Welded or woven wire such as chicken wire, hog wire (and similar agricultural wires), stockade panels, and panels such as plywood or engineered wood;
(3) 
Used materials;
(4) 
An electric fence;
(5) 
Galvanized sheet metal, corrugated metal, or corrugated fiberglass; or
(6) 
Materials not approved for exterior exposure.
(B) 
The following are affirmative defenses to a violation of this Article:
(1) 
In a district zoned Agriculture (AG) and used for agricultural purpose, or in other districts where an agricultural use lawfully exists, provided that the fence is not otherwise prohibited by any other ordinance or law, a fence may be composed of barbed wire, welded wire, or woven wire, or both, and may include an electric fence if the electric fence charging device is approved by a nationally recognized testing laboratory.
(2) 
In the Industrial (IN) and Heavy Commercial (HC) zoning districts only, barbed wire may be used as a component of a fence provided that the fence is composed only in part of barbed wire and that portion of the fence is at least six feet above the nearest grade. The barbed wire portion of the fence must be a maximum height of three feet vertically or horizontally from the main portion of the fence. The barbed wire portion must consist of individual strands of wire placed parallel to the ground and may not be placed in a coiled, wrapped, or undulating position.
(3) 
In residential zoning districts, an electric fence may be located only within the side and rear yard, all electrified components must be located a minimum of twenty-four inches inside of another fence (which must be a minimum of thirty-six inches in height), the electric fence charging device must be approved by a nationally recognized testing laboratory, and the fence must otherwise comply with all applicable laws and ordinances.
(4) 
Subsection 4.103(A)(5) does not prohibit the use of corrugated metal material in the Industrial (IN) and Heavy Commercial (HC) zoning districts, but only with a minimum twenty-six gauge and one-inch corrugation when commercially designed and engineered as a fencing material as a component of a modular, prefabricated fence.
(5) 
When mandated by state or federal statute.
(6) 
When required for public safety for local governmental facilities.
(C) 
Fences within utility and drainage easements are prohibited unless specifically approved by the Director of Engineering. If such fence placement is approved, it must be constructed with metal posts and removable fence sections, and it may require a license agreement between the property owner and the City of Garland.
(Ordinance 6773 adopted 5/19/15)
(A) 
No fence may be built within a required front yard, or in front of a building in a residential, nonresidential or mixed-use zoning district, as defined in this GDC, except as follows:
(1) 
Fences may be located at the property line in the front yard Agricultural (AG) and Industrial (*IN) zoning districts.
(2) 
Fences may be located in the required front yard of property located in a residential zoning district provided:
(a) 
Type 1.
A fence less than three and one-half feet in height, and:
(i) 
Made of wood or ornamental metal; and
(ii) 
Provides at least a four-inch wide vertical space for each linear foot and at least a one-foot wide horizontal space between horizontal portions of the fence; or
(b) 
Type 2.
A fence less than two and one-half feet in height, and made of brick or masonry, excluding cinder block.
(B) 
Fences may be erected in the required side and rear setbacks in all zoning districts provided they are constructed and maintained in compliance with this Article. (See Illustration 2-17 for allowable fences on street side yards of a corner lot.)
(C) 
No barbed wire fence may be built within a required side or rear yard adjacent to a street except in the Industrial (IN) or Heavy Commercial (HC) zoning districts.
(D) 
No fence may be installed within a required visibility area, as defined in the City’s Technical Standards Manual.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 40, adopted 5/7/19; Ordinance 7107, sec. 80, adopted 12/3/19)
(A) 
Any fence built so as to enclose an area must provide a gate or other opening in the fence of at least three feet in width and with a minimum headroom clearance of six feet and eight inches in height.
(B) 
Fences erected along or near a rear or side property line that adjoin a street, alley or easement, that has an area that is required to be maintained by the property owner, a gate shall be provided in the fence if the area is not readily accessible from public property or private property owned by the fence owner.
(C) 
Gates for vehicular use must be a minimum of twenty feet from the property line for all types of property other than single-family or two-family residential.
(D) 
Gates are prohibited from swinging out over a public right-of-way.
(E) 
Gates across a fire lane or an access easement must be equipped with Knox locks or other means of emergency access, as approved by the City’s Fire and Police Departments.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 81, adopted 12/3/19)
(A) 
No fence may be built so as to exceed eight feet in height on any residentially zoned property, nor may a fence be built to exceed twelve feet in height in the Industrial (IN) zoning district or ten feet in height in any other nonresidential zoning district.
(B) 
Fence height is measured from the grade adjacent to the fence from the applicant’s side of the fence. If the fence is constructed on top of a retaining wall, it is measured from the highest grade at the retaining wall.
(Ordinance 6773 adopted 5/19/15)
Fences must be designed and constructed to structurally support fencing materials and to withstand a minimum one hundred miles-per-hour wind speed.
(Ordinance 6773 adopted 5/19/15)
It is unlawful to maintain a fence in such a manner as to allow:
(A) 
Any portion of a fence to lean so that the fence’s axis is more than ten degrees out of perpendicular alignment with its base;
(B) 
Missing, loose or broken pickets, slats, or panels in a fence; or
(C) 
Symbols, writings, and other graffiti on a fence except for those which are allowed as signs under Article 5 of this Chapter 4, or which pertain to the address or occupancy of a property.
(Ordinance 6773 adopted 5/19/15)
The Board of Adjustment may, upon the showing of an undue hardship to the applicant, grant a Development Variance to the requirements set forth in Sections 4.104, 4.105, 4.106, and 4.107 of this Article 8.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 82, adopted 12/3/19)