For the purpose of this Section, the following terms, phrases, words and their derivation shall have the meaning given below:
A. 
Corner lot.
A lot situated at the junction of two (2) or more private or dedicated public streets.
B. 
Fence.
Any wall or structure more than eighteen inches (18") in height constructed for the purpose of enclosing, screening, restricting access to or providing decoration to any lot, building or structure. Except where otherwise required in this Code, regulations governing the height, location and opacity of fences also apply to walls, hedges or landscaping used in lieu of a fence or in combination with a fence. A fence is any part of a fence, including the base, footings, supporting columns, post, braces, gates, structural members or any other of its appendages.
C. 
Front yard.
An open, unoccupied space on a lot facing a street and extending from the front of the lot to the front of the full width of the principal building, between the side lot lines.
D. 
Rear yard.
A space unoccupied by the principal structure extending for the full width of the lot between a principal structure and the rear lot line.
E. 
Repair.
A repair to a fence shall be defined as maintenance to a fence where replacement of materials does not exceed twenty-four (24) linear feet of the length of the fence and does not change the scope, location or dimensions of the fence. Repairs shall be made using the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made.
F. 
Retaining Wall.
A wall designed and constructed to resist the lateral pressure of soil in an area where there is a desired change in ground elevation that exceeds the angle of repose of the soil.
G. 
Reverse frontage corner lot.
A corner lot where the rear lot line is adjacent to a side lot line of an adjoining lot or across an alley from such side lot line.
H. 
Side yard.
An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot, and extending from the front yard to the rear yard.
(Ordinance 1430 adopted 6/3/19)
A. 
It shall be unlawful for any person to construct, or have constructed, any type of fence, or any part of a fence, or any type of retaining wall, without first having secured a permit from the City. No permit is required for a repair to a fence as that term is defined under this Section.
B. 
Application.
Any person must supply the following information (in addition to all requested information on the City-required fence or retaining wall permit forms) when applying for a permit to erect a fence or retaining wall:
(1) 
Type of fence or retaining wall (i.e., style, material, and design);
(2) 
Height of fence or retaining wall;
(3) 
A survey or a scalable plot plan of the entire property showing the location of the fence and/or retaining wall and any existing improvements (structures) on the property; and
(4) 
Approximate monetary value of the proposed fence or retaining wall.
C. 
The permit fee shall be as provided from time to time by resolution or ordinance of the City of Pottsboro City Council.
(Ordinance 1430 adopted 6/3/19)
No fence or guy wires, braces or posts of such fence shall be constructed upon or caused, allowed or permitted to protrude over property that the City of Pottsboro or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon utility easements that permit fencing.
(Ordinance 1430 adopted 6/3/19)
A. 
Rear yard requirements.
It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any rear yard or along any rear yard lot line, except that a fence erected around a tennis court may be constructed to a height not to exceed ten (10) feet. Where driveways connect to alleys in commercial, industrial and/or residential areas, fences shall only be constructed along the rear lot line of any lot to within five (5) feet of a point where the driveway would intersect the alley. Fences to be constructed along any driveway or perpendicular to alleys shall not be constructed within five (5) feet of the rear lot line or alley easement line.
B. 
Side yard requirements.
It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any side yard or along any side lot line.
C. 
Front yard requirements.
Only a decorative fence (e.g., wrought iron, wood, masonry[)] may be erected in the front yard building setback area, and only if all of the following requirements are met:
(1) 
No front yard fence shall be erected to a height greater than three (3) feet above the finished lot grade.
(2) 
Front yard fence material shall not be of wire, mesh or chain link. Samples of all other materials to be used shall be approved by the City building official.
(3) 
The solid area of the front yard fence shall not exceed fifty (50) percent of the total area of the fence, with no massing of solid material widths greater than six (6) inches, except for corners or posts.
(4) 
No front yard fence shall be constructed on a corner lot that does not afford proper visual clearance approved by the City building official for traffic approaching the intersection in either direction. Proper visual clearance shall be maintained for a distance of not less than thirty (30) feet on each street.
D. 
Reverse frontage corner lot requirements.
On all reverse frontage corner lots, it shall be unlawful to construct a fence within the required side yard area that is adjacent to a front yard area at a distance closer than fifteen (15) feet to the side property line or at a height greater than eight (8) feet.
E. 
Visibility clips.
In all residential developments with rear or side entry access to a garage or carport, a visibility clip measured five (5) feet from the corner of the driveway and alley or street, in both directions, shall be provided on both sides of the drive.
F. 
Elevation Measurement.
In the event that the fence height has been elevated through the use of a permitted retaining wall, the fence height is measured from the top of the retaining wall to the highest point of the fence. If the fence height has not been elevated through the use of a permitted retaining wall, the fence height is measured from grade to the highest point of the fence. The creation of a berm or other method for the primary purpose of increasing the elevation of the fence is not allowed.
(Ordinance 1430 adopted 6/3/19)
A. 
It shall be unlawful for any fence that is electrically charged in any form or manner to be erected in an area zoned for residential use. This restriction does not apply to usage for restraining livestock where permitted. When electrically charged fences are used, warning signs must be posted every seventy-five (75) feet. Electrical charging units must be low voltage, U.L. approved.
B. 
It shall be unlawful for any person to erect, construct, maintain or permit a fence that:
(1) 
Is constructed with rope; string; except as otherwise provided in this Section, wire products, including but not limited to, chicken wire, hog wire, wire fabric and similar welded or woven wire fabrics; live bamboo; netting; cut or broken glass; paper; corrugated metal panels; galvanized sheet metal; plywood or fiberglass panels; or any other materials that are not manufactured specifically as fencing materials unless intended for agricultural usage or for restraining livestock.
(2) 
Is constructed of damaged, deteriorated or unsafe materials.
(3) 
Is constructed with slats of any material (including, but not limited to, metal fiberglass and bamboo) threaded through a chain-link fence.
(4) 
Is constructed with used or recycled materials, unless it can be determined by the Building Official that the materials meet the requirements of the Building Code for new materials.
(5) 
Is temporary in nature except where required by code for construction, excavation or life safety issues, provided however that temporary fences made of wire and not in excess of three feet in height are permitted for residential gardens.
C. 
Barbed wire shall be used only to restrain livestock or as part of a fence on commercial or industrial property where the lowest strand of barbed wire is not less than six and one-half (6-1/2) feet above ground level.
D. 
Chain link fences less than five (5) feet tall in a residential zoned district shall have (for, among other reasons, safety concerns) the finished edge of the material on the top of the fence.
E. 
Unless vinyl fencing materials are authorized by the City of Pottsboro, as expressly provided by a City of Pottsboro ordinance, rule and/or regulation, privacy fencing in all zoning districts shall be constructed using, among any other requirements of the City of Pottsboro, a minimum of two and three-eighths-inch (2-3/8") metal posts, set two feet (2') deep in concrete.
F. 
Posts of all fences shall be placed on the side of the lot line for the premises having the fence installed.
G. 
Retaining walls four (4) feet in height or greater shall be designed by a licensed engineer. Retaining walls less than four (4) feet in height shall be designed by a licensed engineer if a retaining wall is constructed close enough to a structure to result in an angle exceeding a 1:1 slope from the top elevation of a foundation to the base of the retaining wall or if a retaining wall supports a fence.
(Ordinance 1430 adopted 6/3/19)
A person constructing or maintaining a fence or wall enclosure around a swimming pool, spa or hot tub shall comply with the minimum requirements of the City’s building codes, including but not limited to, the City-adopted International Residential Code, as it exists or may be amended, and other applicable laws.
(Ordinance 1430 adopted 6/3/19)
A. 
Any person, group of persons, firm or corporation owning or having control of any fence within the City shall be responsible to maintain the fence in a safe and presentable condition and in compliance with the requirements of this Section. This shall include, but not be limited to, replacement of broken or defective boards, posts, wire or other fence parts that may cause the fence to be unsafe or unsightly, and the correction of any visible and/or unsafe lean in the fence. Failure to properly maintain such fence as required under this section shall be considered a violation of this Section.
B. 
All fences, including without limitation, fences existing on the effective date of this Ordinance, are subject to inspection and may be tagged as safety hazards or public nuisance if not adequately maintained.
(Ordinance 1430 adopted 6/3/19)
The procedures to abate any unsafe fence or other violation of this Section shall be the same as those provided in the Pottsboro Code of Ordinances (relating to unlawful conditions on real property), except that the person to whom a notice of violation is issued shall have thirty (30) days after receipt of the notice of violation in which to comply.
(Ordinance 1430 adopted 6/3/19)
In all cases of conflict between this Section and the zoning regulations of the City, including but not limited to the Zoning Ordinance, as amended, concerning construction and maintenance of fences, the most restrictive shall prevail. In all cases of conflict between this Section and any planned development ordinance, the planned development ordinance shall prevail.
(Ordinance 1430 adopted 6/3/19)