The purpose of the article is to regulate the construction, erection, enlargement, alteration, and maintenance of all fences within the boundaries of the city in order to provide a practical safeguarding of life, health and property from hazards that may arise from improper construction of such installations. However, the article and the provisions of the article shall not apply to fences erected or maintained in districts within the city which are zoned agricultural use (AG), which has an agricultural exemption of said property and which is being used for agricultural purposes, unless the provision is specifically made to apply to the agricultural zoning district.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
For the purpose of the article, the following terms, phrases, words and derivations shall have the meanings set forth below.
Adjacent grade.
The slope of property where it abuts to another property, alley, or roadway.
Building lines.
A building line established by the city's zoning ordinance for which a building setback is required for front yards, side yards, rear yards, and corner lots where there are two front yards.
Corner lot.
A lot situated at the junction of two (2) or more private or dedicated public streets.
Decorative design fence for lots 1 acre or greater.
Wrought iron, vinyl, wood, black vinyl coated chainlink or a combination of wrought iron with rock, stone, columns for accent purposes. Fence must be no higher than six (6') feet in height and fifty percent (50%) open. Solid fences must not exceed forty-two inches (42") in height and must be made of brick, stone or rock with columns made of same materials. Fence must be of new material and approved by the city's building official. The decorative gate may be allowed to be taller up to a height of ten feet (10'), if a cross bar is attached it must have height clearance of fourteen feet (14') and twenty-four feet (24') in width for fire department access.
Decorative design fence for nonresidential properties.
Wrought iron, vinyl, black vinyl coated chainlink or a combination of wrought iron with rock, brick, or stone columns for accent purposes. Fence must be no higher than eight feet (8') in height and 50% open. Fence must be of new material and be approved by the building official. A site plan and survey may be required. A four foot (4') gate, and if a fire lane is required for the property, a twenty-four foot (24') wide gate will be required to open the full width of the fire lane. A Knox-Box® or a Knox Lock will be required per the International Fire Code section 506.1. Decorative design fence for commercial properties located on corner lots shall comply with number (3) under visibility triangle herein to comply with traffic visibility requirements.
Decorative design fence for residential.
Wrought iron, vinyl, wood, or a combination of wrought iron with rock, brick, or stone columns for accent purposes. Fence must be no higher than forty-eight inches (48) in height and 50% open. Solid fences must not exceed forty-two inches (42") in height and must be made of brick, stone or rock with columns made of the same materials. Fence must be of new material and be approved by the building official. A site plan shall be required and a survey may be required at the building officials discretion. A four foot (4') gate minimum will be required for fire department access. This fence cannot obstruct the city from access to the water meter or city cleanout.
Decorative.
A fence designed and constructed so as to add beauty and adornment to the property to which is attached and providing service only. Such term does not include a full-service fence designed to restrain or contain house animals or designed for property protection or for other purposes (see decorative design in the article).
Fence.
Any wall or structure more than twenty-four inches (24") in height constructed for the purpose of enclosing, screening, restricting access to, or decoration of any lot, building or structure.
Front yard.
An open space extending in front of the building line unoccupied by the principal structure.
Height (of fence).
Measured from ground level at the base of the fence to the uppermost part of the fence.
Interior and/or infield lots.
A lot located within the interior of the block; not a corner lot.
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.
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 a lot line.
Screening fence.
A screening fence shall be six feet (6') in height and made of approved materials such as brick, rock, stone, decorative block, block with stucco or cedar. Screening fences shall be used to separate commercial, industrial and manufacturing from residentially zoned properties if within 150 feet and for screening of nonresidential sanitary waste receptacles. See visual screening fence, section 21.08.007.
Side yard.
An open unoccupied space on the same lot extending from the front yard to the rear yard.
Street.
For this purpose of the article, a street shall refer to a public or private street.
Visibility triangle.
(1) 
Residential developments or infield lots with rear or side entry access to a garage or a carport, a visibility triangle shall be measured ten feet (10') from the corner of the property line, in both directions, and shall be provided on both sides of the drive; in accordance with section 25.02.509(a)(1) chapter 25 zoning ordinance.
(2) 
On commercial corner lots with a street to the front or the side, a visibility triangle shall be measured at forty feet (40') from the corner of the property line in both directions.
(3) 
No fence shall be erected or maintained which obstructs traffic visibility at corners.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
(a) 
The following types of fences may be built, erected or constructed within the city provided they comply with the definitions provided in section 21.08.002 and meet the following requirements of this article.
(1) 
Wood privacy fence.
(2) 
Wood split rail fence.
(3) 
Vinyl fence.
(4) 
Black vinyl coated chainlink.
(5) 
Brick or masonry fence.
(6) 
Rock or stone fence.
(7) 
Decorative fence.
(8) 
Cementitious fence panels.
(9) 
Wrought iron fence.
(10) 
Wrought iron combination fence with rock, stone or brick.
(11) 
Visual screening fence (items listed within this section).
(12) 
Pipe rail fence is only allowed on lots measuring one (1) acre or more and zoned AG or for which an AG exemption has been granted by the Dallas County Appraisal District or the Kaufman County Appraisal District.
(13) 
Barbed wire fence is only allowed on lots zoned AG, or for which an AG exemption has been granted by the Dallas County Appraisal District or the Kaufman County Appraisal District.
(14) 
Mesh wire fence may be used only with pipe rail or barbed wire fence on lots zoned AG, or for which an AG exemption has been granted by the Dallas County Appraisal District or the Kaufman County Appraisal District only.
(b) 
Products manufactured for other uses, such as plywood, pallets, r-panels, corrugated steel or fiberglass panels are prohibited as fencing materials. Any material to be used for fencing must be approved by the building official.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 14-2021 adopted 5/17/2021; Ordinance 16-2023 adopted 6/26/2023)
(a) 
No person shall build, erect or construct any fence in front of the required building line of any residence located on a lot zoned for single-family, duplex, apartment, townhouse or mobile home subdivision uses listed under the comprehensive zoning ordinance of the city, unless such fence design meets the decorative design fence for residential as provided in section 21.08.002 above.
(b) 
Fences existing prior to July 2023 and located within the required front yard of an improved or unimproved lot located in a residential zoning district may be replaced or repaired by the property owner if damaged if the replacement is made within ninety (90) days of the date the fence was damaged.
(c) 
No person shall build, erect or construct any fence in front of any structure zoned office, commercial, local retail, light or heavy manufacturing property, unless such fence meets the decorative design fence for nonresidential property as provided in section 21.08.002 above.
(d) 
Corner lots in residential districts, and nonresidential districts shall comply with the decorative design fence as provided in section 21.08.002. Corner lots for nonresidential districts shall comply with the decorative fence design for nonresidential properties.
(e) 
In a side yard on an interior lot, no fence shall be constructed at a height greater than eight feet (8').
(f) 
In a rear yard for all property, no fence shall be constructed at a height greater than eight feet (8').
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
No fence shall be constructed within any utility easement in the city limits unless the property owner submits a letter of approval from each of the public utility companies, including the city's utilities department, using or having authority to use said easement for any line of appurtenance.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
Unless otherwise specifically provided for in the article, visual screening must be constructed and maintained in accordance with the following regulations:
(1) 
Screening required in this article must be not less than six feet (6') in height;
(2) 
Required screening must be constructed of:
(A) 
Brick, stone, or concrete masonry, stucco, decorative block, or cedar;
(B) 
Earthen berm planted with turf grass or ground cover recommended for local use by the directory of water-saving plants and trees for the state. The berm may not have a slope that exceeds one foot (1') of height for every two feet (2') of width;
(C) 
Evergreen plant material recommended for local area use by the directory of water-saving plants and trees for the state, published by the state water development board. The plant material must be located in a bed that is at least three feet (3') wide with a minimum soil depth of twenty-four inches (24"). Initial plantings must be capable of obtaining a solid appearance within three (3) years. Plant material must be placed a maximum of twenty inches (24") on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three (3) years; or
(D) 
Any combination of the above.
(3) 
A required visual screening fence or wall may not have barbed wire or razor wire at the top of the fence.
(4) 
A required visual screening fence or wall may not have more than ten square inches (10") of openings in any given square foot of surface.
(5) 
Access through required visual screening must be provided by a solid gate equaling the height of the screening. The gate must remain closed at all times except when in actual use.
(6) 
Plant materials used for required screening must be maintained in a healthy growing condition at all times. The property owner is responsible for the regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all plantings as needed. Any plant that dies must be replaced with another living plant that complies with screening requirements within forty-five (45) days after notification by the city, per section 25.02.510 of the landscape ordinance.
(7) 
All required visual screening fencing of all types must be maintained in good repair and not allowed to deteriorate or otherwise fail to serve the purpose it was designed to fulfill.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
(a) 
No screening wall, nor screening wall easement, shall be located on a public right-of-way. The developer is required to provide a minimum three foot (3') "screening wall easement" for all screening walls, to be platted to the property owner, HOA or PID prior to release to construction. A form board survey is required and shall be submitted to the city engineer prior to installation.
(b) 
No landscape screening wall, nor landscaped screening wall easement, shall be located on a public right-of-way. The developer is required to provide a minimum ten foot (10') "landscaped screening easement" for all screening walls to be platted to the property owner, HOA or PID prior to release to construction. A survey is required and shall be submitted to the city engineer prior to installation.
(c) 
A commercial property, including a nonresidential building office (O), local retail (LR), commercial (C), light manufacturing (LM) and/or heavy manufacturing (HM) shall provide visual screening complying with section 21.08.007 and this section for the rear and sides if it adjoins property lines with a residential district.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
(a) 
Every fence constructed under the requirements of this article shall be required to have a four foot (4') opening or a gate which provides access to all sides and rear yards to the fire department in the event of an emergency.
(b) 
All wood privacy fences shall have a minimum of three cross runners per panel.
(c) 
No privately owned fence or guide wires, braces or any other part of a privately owned fence shall be constructed upon or caused to protrude over property owned by the city, state or any other property owners.
(d) 
Wood posts of any kind shall not be used as fence posts in any zoning district.
(e) 
All fences built, erected or constructed for "new construction" in an existing neighborhood or residential district will require schedule 40 steel pipe "fence post(s)" and be buried to a depth of two feet (2') in concrete.
(f) 
All fences built, erected or constructed for "new subdivision development construction" will require schedule 40 steel pipe fence post(s) and be buried to a depth of two feet (2') in concrete.
(g) 
Repair and replacement of fences, six (6) or more panels in an "existing" neighborhood or residential district will require scheduled 40 steel pipe "fence post(s)" and be buried to a depth of two feet (2') in concrete.
(h) 
No fence shall be constructed within the front yard or beyond the front building line unless it complies with section 21.08.004.
(i) 
In areas where the topography significantly slopes towards an adjacent grade such that a six foot (6') fence as constructed does not equate to a six foot (6') fence, the building official may approve a waiver to the height requirements such that the effective height is six feet (6') and level, consistent with the surrounding properties.
(j) 
Barbed wire, metal/wire livestock fencing not exceeding six feet (6') in height above adjacent grade shall be permitted within a front yard and side yard in an agricultural (AG) zoning district only. Heavy-duty steel T-Post or steel pipe will be allowed, no wood posts.
(k) 
Electric fencing:
(1) 
Electric fences may be constructed only on properties that are zoned agricultural (AG) and are one acre of larger. Such fences may only be constructed with copper or aluminum fence wire. The wire shall be no less than 16 gauge wire, properly stretched and attached to uniform, straight posts not over ten feet (10') apart. Glass, plastic or porcelain insulators shall be used. Glass bottles shall not be used for insulation. Only one (1) electric fence wire shall be installed not less than eighteen inches (18") nor more than thirty-six inches (36") from the ground and shall be located within the interior of the fence.
(2) 
The charger unit for electric fences shall be factory design and manufactured with a UL-approved seal designed for electric fence application only. The unit shall be attached in a secure manner to a post not less than twenty-four inches (24") from the ground. The fence charger shall be installed with a copper ground wire affixed to an approved ground rod. The charger may be either DC powered or AC powered. If AC powered, an electrical permit will be required to run ENT conduit underground to an approved location with a weather type box and a GFCI plug; extension cords are not allowed. The electric fence charger unit shall operate on one hundred fifteen (115) volt AC only with output power not to exceed twenty-four (24) volts DC current. The charger shall have a fuse provision so as to break the fuse if an overload is maintained.
(3) 
On every one hundred feet (100') of an electric fence, a warning sign shall be affixed to the fence post or fence wiring, clearly reading "electric fence." The wording shall be in English and Spanish with one inch white letters on a red background. The signs must be 12" x 6" in size.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
(a) 
All fences shall be maintained in good condition by the owner of the property so as to comply with the requirements of this article as adopted and as may be amended, and shall comply with the following requirements:
(1) 
Fences, or any part thereof, shall not be out of vertical alignment.
(2) 
Damaged, removed, rotted, leaning, or missing portions of a fence shall be replaced or repaired with comparable materials to the remaining portion of the fence within thirty (30) days of the event causing the noncompliance.
(3) 
Any and all vegetation shall be kept clear of fences and shall not be allowed to grow into a fence.
(4) 
If replacing six (6) or more fence panels, a fence permit will be required.
(5) 
Upon receipt of permit to repair or replace six (6) or more fence panels, and upon new installation in an existing neighborhood or residential district schedule 40 steel pipe "fence post(s)" buried to a depth of two feet (2') in concrete will be required. Any damaged posts must be replaced.
(6) 
The owner of any fence shall be responsible for the removal of all graffiti.
(7) 
Existing chainlink fences within residential properties may be replaced with same materials.
(b) 
It shall be a violation of this article to fail to maintain a fence in good condition by failing to meet one of the above requirements, or by permitting a fence to continue to exist in a damaged, deteriorated or unaligned condition.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
(a) 
It shall be a violation of this article to fail to maintain a fence in good condition, consistent with the minimum standards as adopted herein.
(b) 
A notice shall be served to the property owner informing of the violation of minimum standards and providing a written notice within fifteen (15) days from the date of the letter to correct the violation. Failure to timely correct the violation may result in the code official issuing a citation and/or proceeding under chapter 214.001 of the Texas Local Government Code, relative to the repair or demolition of substandard structures.
(c) 
Nothing shall preclude the city from proceeding under both civil abatement and criminal proceedings.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
When any fence for which a permit has been issued under the article is completed, it must be inspected. The building inspection department shall be notified within ten (10) days of completion of the fence. The building inspection department will issue a notice of acceptance if the fence complies with the provisions of the article or reject the fence if it does not comply and issue a notice to cure the deficiencies. Any deficiency noted must be completed within thirty (30) days unless the building inspection department grants an extension of an additional thirty (30) days for good cause shown.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
(a) 
A fence permit shall be required as set forth herein and shall be valid for a period of no longer than 180 days.
(b) 
It shall be unlawful for any person to install or cause to be installed, or to permit any person to install a fence or to make any alterations, additions, or changes to a portion greater than five (5) panels, without first having procured a permit to do so. Any repair or maintenance must be done with similar materials. The permit fee required by this article shall be provided for in the fee schedule under the city's master fee schedule and shall be paid for prior to the issuance of the permit.
(c) 
Should any person commence any work on the construction, erection or relocation of a fence for which a permit is required under the terms of this section prior to obtaining such permit, such fee shall be doubled at the time of application; provided, however, that the payment of such doubled fee shall not relieve any such person from full compliance with the requirements of the article, nor shall it relieve such person from prosecution for failure to comply with the article.
(d) 
A site plan shall be required showing the lot size, all improvements on the lot, and the proposed location of the fence to be constructed before a permit will be issued under the article.
(e) 
If a property owner elects to hire a fence contractor to erect a fence, the contractor will be required to be registered with the city.
(f) 
Application: The following information (in addition to the basic information on the city required permit form) must be included by the applicant when applying for a permit to erect a fence.
(1) 
Type of fence (i.e., style, material and design);
(2) 
Height of fence;
(3) 
Show easements (i.e., utility, drainage etc.) including the width and length of easement; and
(4) 
Any requirement specifically provided in any other portion of the article.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
(a) 
Swimming pool fences and enclosures shall comply with all applicable local, federal, state regulations and the International Swimming Pool Code as adopted and amended by the city.
(b) 
Pools owned, controlled or maintained by the owner of a multi-unit dwelling complex or a property owners association, as it exists and as it may be defined by chapter 757 of the Texas Health and Safety Code, shall be governed by the standards, rules, and regulations set forth thereunder, as it exists and as it may be amended. However, should any new pools be built it would also need to comply with the International Swimming Pool Code as adopted by the city.
(c) 
It shall be a violation to fail to meet the minimum standards required for maintaining a swimming pool enclosure or safety device as set forth herein or the code adopted hereunder.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
Upon notice from the code official, any work that is being done contrary to the provisions of this article or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person, who shall continue any work in or about the fence structure after having been served with a stop-work order, shall be liable to a violation and penalties in accordance with this section of the article.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
Nothing contained in the article shall prevent any person from actually building his own fence on his own residentially zoned property or premises, provided the property is occupied by him/her, as his/her homestead, that a permit is paid for and obtained, that the materials, equipment, and work be in strict accordance with the fence rules and regulations of this article, and the building official's approval can be obtained upon inspection in regular order. The property owner must actually perform the work; any person other than the property owner who is working on the fence must hold a registration with the city as a fence contractor.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
(a) 
It shall be a violation of this article to:
(1) 
Fail to obtain a permit required herein;
(2) 
Conduct any activity in violation of the provisions herein;
(3) 
Fail to comply with any obligation to cure a deficiency or maintenance requirements set forth herein;
(4) 
Use fencing materials other than as provided herein;
(5) 
Construct a fence prohibited by the article;
(6) 
Fail to maintain a fence in good condition;
(7) 
Fail to maintain a fence in proper alignment; or
(8) 
Otherwise fail to comply with the provisions of this article.
(b) 
Any owner, person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). Unless otherwise specified, allegation and evidence of a culpable mental state is not required for proof of an offense committed herein. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur.
(c) 
Notwithstanding the foregoing, nothing herein shall prelude the city from proceeding with civil abatement of a dilapidated fence as provided herein.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)
Any person directly affected by a decision of the building official or code official, or a notice issued under this code, shall have the right to appeal to the board of appeals known as the board of adjustment, herein referred to as the "board," provided that written application for appeal is filed within twenty (20) days after the day the decision, or notice was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code are adequately satisfied by other means.
(1) 
Notice of meeting.
The board shall meet upon notice from the building or code official within twenty (20) days of the filing of an appeal, or at stated periodic meetings. Notice of any meeting shall be given to the public in accordance with the Texas Open Meetings Act. All meetings shall be conducted in accordance with the Texas Open Meetings Act.
(2) 
Open hearing.
All hearings before the board shall be open to the public. The appellant shall be given an opportunity to be heard.
(3) 
Board decision.
The board shall, only by concurring vote of a majority of those present, either modify the order of the official, enforce the recommendations of the building or code official, or reverse the decision of the building or code official. Board decision is final.
(4) 
Stays of enforcement.
Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the board.
(Ordinance 07-2017 adopted 3/20/2017; Ordinance 16-2023 adopted 6/26/2023)