(a)
A
fence, wall or outdoor area enclosure must comply with this article,
to be erected, placed or altered within the city. An existing fence,
wall or outdoor area enclosure in violation of this article may remain,
but shall not be remodeled, repaired or replaced unless the structure
complies with this article.
(b)
A nonconforming fence that is damaged by accident, fire and/or an act of nature may be temporarily repaired without a permit from the city. However, if a fence repair requires a permit under subsection (c) of this section, the permit must be obtained on the next business day.
(c)
A
nonconforming fence needing repairs to over fifty percent (50%) of
the fence’s total surface area requires a permit. In addition,
both the repaired portion of the fence and the existing fence must
comply with this article.
(Ordinance 474-2009 adopted 2/26/09)
For the purpose of these regulations, the following definitions
shall apply:
A structure, which is located on a corner lot, and faces
a street frontage other than the front lot line.
A decorative fence may be constructed of wood pickets, lattice
work, decorative metal, masonry, stone, PVC fencing or any material
approved by the administrative official. Chain-link, barbed wire,
and other similar materials shall not constitute approved decorative
fencing materials.
A fence may be constructed of wood pickets, lattice work,
decorative metal, masonry, stone, pvc fencing, chain-link, wrought
iron, privacy panels, pressure-treated timber, plaster, or any material
approved by the administrative official.
A lot, tract or parcel, which has a longer street frontage
as the side lot, and is adjacent to the intersection of two (2) streets.
A fence constructed for aesthetic purposes, which is constructed
of approved decorative fencing material.
A temporary/movable enclosure intended for holding dogs and
other animals for any length of time.
An outdoor area enclosure that uses electric shocks to deter
animals or people from crossing. An electric pet collar, sometimes
referred to as an Invisible Fence®, is not a type of electric
fence.
An outdoor area enclosure that is constructed of approved
fencing material, such as wood, chain-link, wrought iron or lattice.
Structures with an average construction thickness of three (3) inches
or more are walls.
The minimum required front yard setback as specified under
the city zoning ordinance.
A lot’s portion between the required front yard setback(s)
and the property line(s) adjacent to the street right-of-way or access
easement.
A lot, tract or parcel that is between one (1) or more lots,
tracts or parcels. A lot, tract or parcel that abuts the intersection
of two (2) streets is a corner lot.
An interior lot that has a side lot line adjacent to the
rear lot line of one (1) or more lots, tracts or parcels.
Any land within the city zoned for nonresidential uses: C-1,
C-2, I.
A wall that is constructed of approved fencing materials,
such as masonry, pressure-treated timber, plaster or iron and encloses
an office, business or industrial park complex. An office park enclosure,
which may include entry features, shall only be erected along the
perimeters of platted nonresidential subdivisions containing four
(4) or more lots.
A fence, wall or barrier that is constructed of approved
fencing material and encloses an outdoor area.
An outdoor area enclosure on an individual lot, tract or
parcel for privacy or security purposes.
The boundary line of any lot, tract or parcel that is on
the opposite side of the front lot line and serves as the rear property
boundary.
A wall that is constructed of approved fencing materials,
such as masonry, pressure-treated timber, plaster or iron and encloses
a residential subdivision. A residential subdivision enclosure, which
may include subdivision entry features, shall only be erected along
the perimeters of platted residential subdivisions containing ten
(10) or more lots.
Any land within the city zoned for residential uses: A, R-1,
R-1L, R-2, R-3, R-4 and MH.
The boundary line of any lot, tract or parcel that extends
from the front lot line to the rear lot line and serves as the side
property boundary.
A hydro-massage pool or tub for recreational or therapeutic
use, not located in health-care facilities, designed for immersion
of users and usually having a filter, heater and motor-driven blower.
A spa may be installed indoors, outdoors, on the ground, on a supporting
structure, in the ground or in a supporting structure. A non-self-contained
spa is intended for recreational bathing and contains water over 24
inches deep.
A continuous duty appliance in which all control, water heating
and water circulating equipment is an integral part of the product,
located entirely under the spa skirt. A self-contained spa is intended
for recreational bathing and contains water over 24 inches deep.
Any structure intended for swimming or recreation that has
a depth of over 24 inches deep, including in-ground, aboveground,
and on-ground swimming pools, fixed in place wading pools, hot tubs,
and spas.
An outdoor area enclosure made of approved fencing material
that obstructs access to a swimming pool.
An area located at the intersection of two (2) streets, access
easements or alleys or any combination thereof where no structure,
growth or object shall exceed two (2) feet in height, created by measuring
25 feet from the rights-of-way intersection along each right-of-way
(ROW).
An outdoor area enclosure of approved fencing material, such
as plaster, or wood that has an average construction thickness exceeding
three (3) inches. Structures with an average construction thickness
less than three (3) inches are fences.
(Ordinance 474-2009 adopted 2/26/09)
(a)
In general.
In residentially zoned districts, an outdoor
area enclosure, such as a fence or wall:
(1)
May be erected upon the rear lot line unless it encroaches upon easements
requiring eminent domain access, such as a service alley;
(2)
May be erected upon the side lot lines of any interior lot if it
does not exceed the height of the front of the residence;
(3)
Shall be constructed using approved fencing materials; and
(4)
Shall not exceed eight feet (8') in height unless prior and specific
approval has been granted by the city council. Requests for a waiver
of this requirement must be made in writing and include specific justification,
comprehensive plan drawings, and such other information requested
and/or required by the city council.
(b)
Privacy or security enclosures.
In residentially zoned
districts, a privacy or security enclosure, such as a fence or wall:
(1)
May be erected upon the rear lot line of any lot;
(2)
May be erected upon the side lot lines of any interior lot if it
does not exceed the height of the front of the residence; and
(3)
Shall not exceed eight feet (8') in height unless they meet an exception in subsection (d) of this section.
(4)
Shall be constructed using approved fencing materials.
(c)
Decorative fences.
In residentially zoned districts,
a decorative fence;
(1)
May be erected upon any residential lot line;
(2)
May be erected within the visibility triangle provided the fence
does not exceed a height of two feet (2');
(3)
Shall not exceed a height of four feet (4') when in the front yard;
any area of decorative fencing located in the visibility triangle
shall not exceed a height of two feet (2');
(4)
Shall not have a solid surface area thirty percent (30%) of the total
surface area;
(5)
Shall contain access points when located in front yards, so that
no more than 75 percent (75%) of the total frontage is bounded;
(6)
Shall not encroach upon any right-of-way, drainage or access easement
or floodway; and
(7)
Shall be constructed of approved decorative fencing material.
(d)
Exceptions.
In residentially zoned districts, the following
exceptions apply:
(1)
Residential lots used for agricultural purposes shall be allowed
to erect a fence with a maximum height of six feet (6') along the
front and side property lines, even if this height exceeds the height
of the front of the residence.
(2)
Residential lots adjacent to commercial properties shall be allowed
to install a fence with a maximum height of eight feet (8') along
the side property lines, even if this height exceeds the height of
the front of the residence.
(3)
Anyone replacing or repairing a fence, with the same materials as
the existing fence shall be required to obtain a permit unless the
repair is to less than fifty percent (50%) of the fence’s total
surface area.
(e)
Residential pool barriers.
Swimming pools are required
to be enclosed in accordance with the International Residential Code,
the International Building Code, the Texas Health and Safety Code
chapter 757, and all other applicable state regulations or city ordinances,
as now or hereafter amended.”
(Ordinance 795-2020 adopted 9/17/20)
(a)
In general.
City council approval is required to construct
a residential subdivision enclosure.
(b)
Semi-private community swimming pool facilities.
City
council approval is not required to construct a swimming pool enclosure
for semi-private community swimming pool facilities in residential
subdivisions. The outdoor area enclosure, however, must comply with
the Texas Health and Safety Code chapter 757, the department of health
and any subordinate regulating agencies’ requirements. Construction
of outdoor area enclosures under this subsection shall meet class
A and class B facility requirements regardless of the Texas Department
of Health’s assigned classification.
(Ordinance 474-2009 adopted 2/26/09)
(a)
Privacy or security enclosure.
Plans for a privacy or
security enclosure to be erected in a nonresidential zoning district
shall be specifically reviewed by the development review committee
and reviewed and approved by the city council. A privacy or security
enclosure may be erected on the rear lot line of any lot, tract or
parcel. In addition the enclosure:
(1)
Shall not exceed eight feet (8') in height;
(2)
Shall not encroach upon any visibility triangle, right-of-way, access
or drainage easements or floodways; and
(3)
Shall not exceed the height of the front of the nonresidential building
if the enclosure is to be erected on the side lot line of any lot,
tract or parcel unless prior approval is obtained from the city council.
(b)
Nonresidential pool barriers.
Swimming pools are required
to be enclosed in accordance with the International Residential Code,
the International Building Code, the Texas Health and Safety Code
chapter 757, and all other applicable state regulations or city ordinances,
as now or hereafter amended.
(Ordinance 474-2009 adopted 2/26/09)
(a)
In general.
A plan for an outdoor area enclosure to
be erected in a nonresidential development, such as an office, business
or industrial park or office, business, or industrial complex, shall
be specifically reviewed by the development review committee and reviewed
and approved by the city council. In addition, an outdoor area enclosure
to be erected in a nonresidential development:
(1)
Shall have an average construction thickness exceeding three inches
(3").
(2)
Shall be constructed with minimum 10 x 20 inch brick columns set
on piers with a maximum spacing of ten feet (10'), on center. Infill
material between brick columns shall be approved building material,
such as brick, pressure-treated lumber, plaster or iron;
(3)
Shall not exceed eight feet (8') in height;
(4)
May be erected along rear property lines;
(5)
May be erected upon rear property lines and to the front and side
property lines exceeding the required front building setback, if within
the visibility triangle, the enclosure does not exceed two feet (2')
and does not encroach upon any right-of-way, drainage or utility easements
or floodway.
(Ordinance 474-2009 adopted 2/26/09)
(a)
Miscellaneous regulations.
In addition to the above
regulations, the following regulations shall apply to outdoor area
enclosures:
(1)
Screening.
Screening with natural growth or planted
vegetation shall be allowed within the city provided that:
(A)
No tree, shrub, hedge or vegetation shall exceed a height of two
feet (2') within the visibility triangle or street right-of-way; and
(B)
Any tree, shrub, hedge or vegetation located within the public right-of-way,
utility easement, or visibility triangle shall be subject to the city’s
removal, without compensation, for utility maintenance and public
safety.
(2)
Barbed wire.
Barbed wire is not an approved fencing
material and is specifically prohibited within the city unless used
as follows:
(A)
In the A, agricultural zoning district, if an enclosure using barbed
wire exists at the time of the annexation;
(B)
In the C-1, C-2 or I zoning districts, if it is attached to the top
of a privacy or security enclosure with a height of at least six feet
(6'); or
(C)
In any zoning districts, if the land is used for animal husbandry.
(3)
Electrical fences.
Electrical fencing is only allowed
in AG [A] zoning districts. If used the electrical fence shall be
UL approved and installed and maintained in compliance with the manufacturer’s
instructions. In addition, the fence must be located at least six
inches (6") inside a non-electric outdoor area enclosure. Electric
fences that do not comply with this subsection are hereby declared
a nuisance per se and shall be immediately removed.
(4)
Dog runs.
Dog runs shall not be located within the required
front yard setback.
(b)
Public safety on sidewalks and streets.
To ensure maximum
public safety on sidewalks and streets, on any corner lot, no wall,
fence, sign, structure, plant growth, or any other object, whether
movable or stationary, shall obstruct a driver’s vision at elevations
between two feet (2') and ten feet (10') above an adjacent roadway’s
crown or shall be placed or maintained within a visibility triangle.
(Ordinance 474-2009 adopted 2/26/09)
(a)
A
permit is required to construct any outdoor area enclosure. The permit
shall be obtained from the building official. An application to construct
an enclosure shall include a plot plan that accurately reflects all
proposed outdoor area enclosures, easements, building setback lines
and visibility triangles. The following types of enclosures shall
have detailed drawings submitted with an application:
(b)
Upon
approval of the application, approval by the development review committee,
when applicable, and payment of the permit fee as set by the city
council, a permit shall be issued for construction. If the permit
holder fails to comply with this article, the permit shall be revoked,
the outdoor area enclosure shall be considered a nuisance per se,
and the structure shall be immediately removed.
(Ordinance 474-2009 adopted 2/26/09)
A pool or pond that is constructed in connection with the operation
of a gravel pit, which is located within one thousand feet (1,000')
of any residence, shall be enclosed by a fence to prevent children
from entering. Any person, firm or corporation convicted of violating
this section shall be fined between fifty dollars ($50.00) and two
thousand dollars ($2,000.00). Each day that a violation is permitted
constitutes a separate offense.
(Ordinance 474-2009 adopted 2/26/09)
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article (except section 3.05.009) shall be fined upon conviction not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 474-2009 adopted 2/26/09)
