§ 155.094  GENERAL PROVISIONS FOR ALL FENCES AND FREE STANDING WALLS.
   (A)   General provisions.
      (1)   Property owners' responsibility.
         (a)   Required screening fences and walls shall be perpetually and adequately maintained or replaced by the owner or user of the more intensive zoned property.
         (b)   All structurally unsound fences, when not required by this chapter, shall be repaired, replaced or removed by the owner or user of the property upon which the fence is located.
         (c)   The construction of a fence or wall shall not preclude the property owners' responsibility to maintain and keep the following area free and clear of debris and high weeds:
            1.   The area between the fence and property line or between parallel fences; and
            2.   The area between the fence and the edge of the street.
      (2)   Front yards. No fence or free standing wall greater than 36 inches in height shall extend into the required front yard except for decorative fences or security fences meeting the following requirements:
         (a)   Fences 36 inches or more above the finished grade of the lot shall not be more than 25% solid.
         (b)   The primary fencing material shall be of wrought iron, exposed aggregate tilt wall, fired masonry, approved wood rail construction or other material approved by the city Building Official.
      (3)   Side fence and free standing wall setbacks. No fence or wall greater than 36 inches in height shall be located less than 15 feet from any side property line that is adjacent to a public street unless:
         (a)   The subject lot backs up to the rear property line of another lot, in which case no side fence setback is required.
         (b)   The subject lot backs up to an access easement or alley right-of-way, in which case a ten-foot visibility triangle shall be required.
      (4)   Rear fence and free standing wall setbacks. Fences and walls meeting all of the above requirements may be erected on the rear property line except, however, lots whose rear property line abut a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than 36 inches in height shall be located within 15 feet of the subject lot's rear property line or closer to the street right-of-way than the front setback line of the adjacent lot, whichever is closer.
   (B)   General restrictions concerning all fences and free standing walls.
      (1)   No fence, screen, free standing wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public.
      (2)   Obstruction prohibited. No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed as any fence, wall hedge, shrubbery, etc., higher than 36 inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven feet above ground level.
      (3)   Twenty-five foot visibility triangle required. No fence, screen wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections clear vision shall be maintained across the lot for a distance of 25 feet back from the property corner along both streets.
      (4)   The side of the fence with exposed posts or rails shall be oriented away from view from the adjacent property and public streets.
      (5)   After December 10, 2012, all new wood privacy fences and the replacement or repair of existing wood privacy fences shall comply with the following requirements:
         (a)   A permit must be obtained prior to the construction of a new wood privacy fence of five feet in height or greater.
         (b)   Fence planks or panels must be at least  inch in thickness.
         (c)   Fence planks or panels must have at least one inch gap between the ground and the wood to prevent rotting and decay.
         (d)   All vertical posts shall be two and  inch minimum outside diameter standard pipe gauge galvanized steel.
         (e)   Vertical posts shall be spaced eight feet on center or less and set into concrete post footings. The minimum depth of the concrete post footings shall be 24 inches for fences that are six feet in height and 36 inches for fences that are eight feet in height.
         (f)   Vertical slats shall be nailed or screwed to horizontal bracing stringers running from vertical post to post. The size of the stringers shall be no less than one-and-a-half by three-and-a-half inches. One stringer will be required for every two feet in height. Fences that are six feet in height shall have three horizontal stringers. Fences that are eight feet in height shall have four horizontal stringers.
         (g)    All materials shall be securely fastened (i.e. vertical boards to horizontal stringers, stringers to vertical posts) and be free from rot, rust, vandalism and other sources of decay.
 
         (h)   Fence should be designed such that it does not cause a drainage problem.
         (i)   A wood fence erected for the purpose of screening the perimeter of a subdivision as
required by the subdivision control ordinance shall be governed by the subdivision control ordinance.
         (j)   The replacement or repair of an existing wood privacy fence that is less than 50% of the total linear footage of fencing on the property shall be exempt from the above requirements in division (B)(5) of this section, except that a permit shall be required for any fence construction greater than six feet in height.
      (6)   Barbed wire prohibited. Fences constructed of barbed wire and walls topped with broken glass or similar material shall be prohibited, except that:
         (a)   A security fence not less than six feet in height may be topped with barbed wire when located on property zoned for non-residential purposes;
         (b)   A barbed wire fence may be erected or maintained on property that held livestock on January 1, 2004, and will continue to hold livestock in the future. The property owner shall have the burden of proof that livestock existed on site on January 1, 2004; and
         (c)   A barbed wire fence may be erected or maintained on any property in excess of 20 acres that held livestock or was otherwise under agricultural use on January 1, 2004, and will continue to hold livestock or otherwise continue in agricultural use in the future. The property owner shall have the burden of proof that livestock existed on the site or that another agricultural use was in effect on the site on January 1, 2004. For purposes of this division, "agricultural use" shall mean that the property owner has and maintains an agricultural exemption on the property granted by Tarrant Appraisal District.
      (7)   Electrical fences prohibited. No fence shall be electrically charged in any form or fashion.
      (8)   Eight foot maximum height. No fence in a residential district shall exceed eight feet in height above ground level at the fence line. However, fences that are erected on top of retaining walls shall not exceed six feet in height as measured from the bottom of the fence to the top of the fence.
      (9)   Public property. No fence, guy wire, brace or any post of such fence shall be constructed upon or caused to protrude over property that the city or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon utility easements which are permitted to be fenced.
      (10)   Swimming pools fencing. All swimming pools shall, at all times, be completely surrounded by a fence, wall or barrier not less than four feet in height with no openings, holes or gaps that will allow a sphere four inches in diameter to pass through. Gate openings directly into such enclosure shall be equipped with self-closing and self-latching devices capable of keeping such gates securely closed at all times when not in use; said latching devices to be no less than three feet above grade. The door of any dwelling that is forming part of the enclosure need not be equipped with self-closing and self-latching devices.
(Ord. 671, passed 4-15-86)