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§ 5.305  FENCES.
   (a)   Fences required. Fences are required as follows.
      (1)   Screening fences shall be provided in the “IP” industrial park district in accordance with § 4.1104(b)(14) and (e).
      (2)   Inoperable automobiles upon which repairs are to be conducted in connection with automotive repair or paint and body shop shall be enclosed by a screening fence in accordance with § 5.104.
      (3)   Parking areas for bed and breakfast homes shall be screened from view of adjacent residences by a solid screening fence or dense shrubs and vegetation in accordance with § 5.106.
      (4)   Parking areas for bed and breakfast inns shall be screened from view of adjacent residences by a screening fence or dense shrubs and vegetation in accordance with § 5.107.
      (5)   Self-service and full-service car washes shall have a screening fence or wall along any property line abutting a residential district in accordance with § 5.108.
      (6)   Outdoor play areas for day cares shall be enclosed by a fence or wall in accordance with § 5.111.
      (7)   Newspaper distribution centers shall be screened from adjacent residential districts or properties with a screening fence in accordance with § 5.124.
      (8)   Permanent outdoor display, sales and storage areas and rear storage areas for large retail stores shall be enclosed by a fence in accordance with § 5.134(a)(9).
      (9)   Telecommunications towers and support facilities shall be surrounded by a security fence in accordance with § 5.137.
      (10)   Motor vehicle junk yards or used automobile junk areas in an “I” light industrial, “J” medium industrial or “K” heavy industrial district shall be enclosed by a screening fence in accordance with § 5.141.
      (11)   Certain dish satellite antennas shall be enclosed by a screening fence.
      (12)   Off-site auxiliary parking lots shall have a screening fence and bufferyard on all sides adjacent to a residential district in accordance with § 6.202.
      (13)   A screening fence shall be constructed between one- or two-family residential districts and adjacent nonresidential districts in accordance with § 6.300.
      (14)   Refuse handling facilities, mechanical equipment, loading docks and truck berths shall be screened in accordance with § 6.301(d), which may include an opaque wall or wooden screening fence.
      (15)   A screening fence shall be constructed on property lines of unified residential developments adjacent to a one- or two-family residential district in accordance with § 6.506(d).
      (16)   Vehicles stored overnight for repair at automotive repair, paint and body shops shall be stored in an enclosed building, enclosed by a minimum six foot solid screen evergreen hedge or enclosed by a minimum six-foot screening fence in accordance with § 5.104.
      (17)   Vehicles that have been accepted for repairs by automotive repair, paint and body shops must be screened from view behind a six-foot solid screening fence or six-foot solid screen evergreen hedge in accordance with § 5.104 if the automotive repair, paint and body shop is:
         a.   Adjacent to any one or two-family residential use; or
         b.   Within 200 feet from any one or two-family residential use.
      (18)   a.   Any property (except when located in a mixed use district) that is platted into three lots or more for one- or two-family development where the side or rear yard are adjacent to an arterial street as defined by the city master thoroughfare plan, shall be required to provide a minimum six-foot wall of brick, stone, masonry, decorative cast concrete, wrought iron, tubular steel, durable composite board with top and bottom rails, or other material with a projected life expectancy of 25 years or more along the entire length of each property. Masonry columns shall be provided not greater than ten feet on center. All fence posts must be placed at a depth of at least 24 inches into the ground, filled and anchored with concrete footers or encasement. A horizontal relief of the same height shall be placed parallel to the arterial street at intervals not greater than 500 feet with a minimum off-set of three feet in depth by 50 feet in length. The off-set section shall be wrought iron type fence design or other such material as approved by the director of planning and development, as referenced in subsection (c)(1) below. Required fences may also be located within an easement dedicated to a home owners association (HOA) or pubic improvement district (PID), or, a designated lot of not less than five feet wide along the rear or side property line of the residential lots adjacent to the arterial street right-of-way under the control of an HOA or PID. No building permit shall be issued for lots required to provide a masonry screen fence under this section until a building permit has been provided for the fence.
         b.   Replacement of a portion of a fence shall match the existing fence material and design.
   (b)   Height and front yard regulations.
      (1)   No fence or wall shall be erected within the minimum required front yard, platted front yard or projected front yard except as provided in subsection (b)(2) below for one-family and two-family residential dwellings, subsection (b)(3) below for multifamily developments, subsection (b)(4) below, for utility facilities, subsection (b)(5) below for automobile repair and body shops and § 6.101(e) for through lots.
      (2)   One-family and two-family residential dwellings.
         a.   Up to four-foot open design fence consisting of wrought-iron, tubular steel, picket or a similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50% in density may be erected on property within the minimum required front yard, platted front yard, established front yard or projected front yard of one-family and two-family residential dwellings.
         b.   No solid fences and walls are permitted in the required front yard, projected front yard or platted front yard of one-family and two-family residential dwellings. The board of adjustment may grant a special exception to allow a solid fence or wall up to four feet in height in the front yard, platted front yard or projected front yard in accordance with the requirements set forth for special exceptions in Chapter 3, Article 3.
         c.   Up to a five-foot open design fence consisting of wrought-iron, tubular steel, picket or a similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50% in density may be permitted within the minimum required front yard, platted front yard or projected front yard of one-family and two-family residential dwellings as a special exception by the board of adjustment provided the following conditions are met:
            1.   The fence will be compatible with the existing use and permitted development of the adjacent properties; and
            2.   The applicant obtains the consent of the property owners of the properties adjacent to the applicant’s property and the property owners of the property located directly across the street from the applicant’s property.
         d.   Fence designs may include columns to a maximum height of five feet, six inches.
      (3)   (Reserved.)
      (4)   Up to an eight-foot open design fence consisting of wrought-iron, tubular steel, picket or a similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50% in density (excluding chain link) may be erected around utility facilities within the minimum required front yard, platted front yard or projected front yard.
      (5)   Fences required under § 5.104 for automotive repair and body shops may be erected within the minimum required front yard, platted front yard or projected front yard. For newly constructed automotive repair and body shops located in the “MU-2” district, exterior security fences and gates located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space, shall not extend beyond building facades; i.e., these fences shall not be located in the area between building facades and the property line.
      (6)   Screening walls or fences in excess of four feet shall be allowed in any front yard that is, in effect, the rear yard on a through lot adjacent to an existing or proposed arterial street. If the platted front yard or established front yard is less than the maximum required front yard, the setback of the minimum required front yard shall be met.
      (7)   No fence over eight feet in height surrounding residential property shall be allowed behind the front building setback line.
      (8)   No fence exceeding two feet in height shall be permitted on a corner lot within or along a triangle formed by measuring 20 feet in each direction from the point of corner of the property line at the street intersection. This area is also known as a public open space easement (P.O.S.E.).
      (9)   The height of any fence shall be measured from the highest adjacent grade parallel to the fence to the highest point of the fence or any gates.
   Fence Height
   (c)   Screening fence specifications. All screening fences required by this ordinance shall be constructed in accordance with the following specifications.
      (1)   Screening fences shall be constructed of wood, brick, stone or reinforced concrete products. The development services director or his or her designee may approve other materials provided the material is expressly designed for fence installation and is resistant to sunlight and moisture.
      (2)   The following construction specifications shall apply to required screening fences over six feet in height.
         a.   Concrete fences.
            1.   Shall be designed by an engineer licensed by the State of Texas;
            2.   Shall be either poured in place or lift slab construction; and
            3.   Shall be properly engineered to withstand wind load, special load conditions and site drainage.
         b.   Wood fences.
            1.   Metal posts shall be used for the vertical fence supports. The posts shall be set in concrete at least three feet into the ground;
            2.   Boards used in the construction shall be spruce, cedar, redwood or other durable decay-resistant construction. The lumber grade of boards shall be “select,” #1 or equal. Boards should be spaced one-eighth-inch apart and shall face the residential district, unless the majority of the residents whose property faces the fence request that the finished side face the adjacent commercial or industrial property. The finished sides of all fences constructed adjacent to a freeway or arterial street shown on the master thoroughfare plan shall face the right-of-way; and
            3.   Wood fences using the stockade/picket/slat style fence shall be prohibited.
         c.   Masonry fences.
            1.   Masonry fences shall be brick, stone or block;
            2.   Brick fences shall be of exterior grade brick; and
            3.   Block fences shall be Grade N, Type I.
   (d)   Specifications for other required fences. Fences required to be constructed pursuant to the zoning ordinance, other than required screening fences, shall be constructed of materials allowed for screening fences pursuant to subsection (c)(1) above or from wrought iron, tubular steel or chain link. Wood, concrete and masonry fences over six feet in height shall be constructed in accordance with the construction requirements set out in subsection (c)(2) above. The finished sides of all fences constructed adjacent to a freeway or arterial street shown on the master thoroughfare plan shall face the right-of-way.
   (e)   Specifications for all other fences adjacent to freeway or arterial street. Except for screening fences and other required fences, which shall comply with subsections (c) and (d) above, fences that are constructed adjacent to a freeway or arterial street shown on the master thoroughfare plan shall be constructed of wood, brick, stone, reinforced concrete products, masonry, wrought iron, tubular steel or chain link. In addition, the development services director or his or her designee may approve other materials provided the material is expressly designed for fence installation and is resistant to sunlight and moisture. The finished sides of all fences constructed adjacent to a freeway or arterial street shown on the master thoroughfare plan shall face the right-of-way.
   (f)   Maintenance. Maintenance requirements for fences are contained in the minimum building standards code, § 7-87(r) of the city code. The maintenance requirements are set out below for information purposes only. Violation of any of the following requirements shall be a violation of the minimum building standards code, but not a violation of the zoning ordinance.
      (1)   Fences, retaining walls, decorative walls and barriers shall be maintained in good condition, and shall not be out of vertical alignment by more than 18 degrees, unless designed as such.
      (2)   Rotted, fire damaged or broken wooden slats and support posts shall be repaired or replaced.
      (3)   Broken or severely bent metal posts or torn, cut or ripped metal fencing materials shall be repaired or replaced.
      (4)   Loose brick, stone, rock, mortar or similar materials on masonry walls and barriers shall be rebonded or similarly repaired.
      (5)   The above requirements shall not prohibit a fence, retaining wall, decorative wall or barrier from being removed if it is not otherwise required by law.
      (6)   The above requirements shall only apply to a fence, retaining wall, decorative wall or barrier adjacent to a public right-of-way.
   (g)   Indemnification. Where a fence is to be placed in an easement containing underground utilities, the owner or occupant shall sign a release indemnifying the city from any damages for removal of the fence and damage to the fence as a result of the need to repair or replace said utilities.
(Ord. 13896, passed 10-12-1999; Ord. 14624, § 6, passed 5-15-2001; Ord. 14713, §§ 1, 2, passed 7-17-2001; Ord. 14911, § 3, passed 12-18-2001; Ord. 15166, § 2, passed 7-23-2002; Ord. 15406, § 3, passed 1-14-2003; Ord. 15827, § 2, passed 1-13-2004; Ord. 15978, § 1, passed 5-11-2004; Ord. 16330, § 11, passed 3-8-2005; Ord. 16521, § 6, passed 7-19-2005; Ord. 16651-10-2005, § 2, passed 10-11-2005; Ord. 17025, § 1, passed 6-20-2006; Ord. 17522, § 6, passed 4-24-2007; Ord. 23495-12-2018, § 5, passed 12-4-2018; Ord. 23738-08-2019, § 1, passed 8-6-2019, eff. 9-8-2019; Ord. 24030-02-2020, § 22, passed 2-4-2020)