ORD 1999-01TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 1999-01
AN ORDINANCE OF THE TOWN OF .TROPHY CLUB,
TEXAS ESTABLISHING THE COMPREHENSIVE
REGULATIONS GOVERNING THE CONSTRUCTION,
REGULATION, AND PERMITTING OF FENCES;
PROVIDING FOR APPEAL; PROVIDING A SAVINGS
CLAUSE; REPEALING AND REPLACING ORDINANCE
NO. 97-27 RELATING TO FENCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED FIVE HUNDRED DOLLARS ($500.00);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council desires to regulate the construction of fences for the
purposes of insuring traffic safety, reducing drainage problems, and restricting the visual blight
caused by certain fences; and
WHEREAS, the Town Council hereby finds that the regulations established herein are in
the best interest of the health, safety and welfare of the citizens of the Town; and
WHEREAS, the Town Council has heretofore adopted Ordinance No. 97-27 relating to
fences; and
WHEREAS, the Town Council has heretofore adopted the Comprehensive Zoning
Ordinance which provides for certain screening and fencing regulations, and it is the intent of the
Council by adoption of this Ordinance to combine the terms of the screening and fencing
regulations of the Comprehensive Zoning Ordinance without affecting a substantive change in
that law; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS.
Section 1. Incorporation. The above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety.
Section 2. Definitions. When used in this Ordinance, the following terms shall have the
respective meanings ascribed to them:
A. `Box Fence" shall mean a fence that is constructed in a "box" design so that the
fence has more than one finished side, and one finished side faces the inside of the property on
which it is constructed and the other finished side faces the outside of the property on which it is
constructed.
B. "Fence" shall mean any wall or structure more than three (3) feet in height
constructed or placed for the purpose of enclosing, screening, restricting access, or decorating
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any real property, building or structure, but in no event shall "fence" mean any wall or structure
constructed or placed in the front yard of a residence as such wall or structure constructed or
placed in the front yard of a residence is prohibited.
C. "Picket Fence" shall mean any fence which has any two (2) adjacent slats or
pickets more than 112 inch apart.
D. "Outdoor Animal Run" shall mean any fencing that is used to contain a dog or
other animal authorized by the Town Animal Control Ordinance.
E. "Treated Railroad Type Cross -tie Wall" shall mean a wall constructed from
railroad cross -ties, either loosely stacked or attached to each other, primarily for the purpose of
retaining or holding earth on one side.
F. "Retaining Wall" shall mean a wall designed to resist the lateral displacement of
soil or other materials; said materials being substantially equal in height to the height of the wall.
G. "Wood Rail Fence" shall mean a fence made of wood typically with vertical
support posts and horizontal wooden posts or split rails. The horizontal rails typically consist of
two or three parallel rails with open space between the rails.
Section 3. Fences.
A. Permit. it shall be unlawful for any person, corporation, partnership or other legal
entity to place or construct or have constructed any type of fence, or any part of a fence, without
having first secured a permit for the placement or construction of the same from the Town's
Building Official. The following information shall be required in the permit application:
(1) Applicant's name and address;
(2) Local address where fence is to be erected;
(3) Type of fence (for example: solid masonry, wood rail, etc.)
(4) Construction material;
(5) Height of fence;
(6) Graphic outline of the property to be fenced, with the fence
signified by dark lines and location of adjacent fences; and
(7) Approximate value of the fence (if necessary).
B. Height Requirements.
(1) 1t shall be unlawful to erect or have erected a fence at a height exceeding
six (6) feet in or on any side or rear yard.
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(2) It shall be unlawful to erect or have erected a fence in any front yard.
(3) In any side or rear yard located adjacent to a street, no fence shall be
erected beyond such side or rear yard building line.
C. Type of Fence and Construction.
(1) It shall be unlawful for any fence to be constructed that is electrically
charged in any manner.
(2) It shall be unlawful for any fence to be constructed or maintained that is
composed of wire or mesh fencing material, except as provided in Section
b.
(3) In order to allow for the entrance and exit of fire and police department
personnel, each fence must contain at least one (1) gate not less than three
(3) feet wide.
(4) All fences on lots contiguous to a golf course shall be constructed of
ornamental metal. It shall be unlawful to construct any fence on such a
golf course lot which restricts the view to a golf course, as determined by
the Town Planning and Zoning Commission or the Town's designated
officials.
(5) It shall be unlawful to erect a fence which alters the natural drainage or
planned drainage.
t
(b) It shall be unlawful to construct a fence parallel to another fence and
closer than twenty (20) feet to said other fence without permission from.
the Planning and Zoning Commission; provided, however, that this
prohibition shall not apply to the complete enclosure of utility boxes by
the erection of a fence.
(7) No fence shall be constructed on a corner lot that does not afford proper
visual clearance for vehicular traffic approaching the intersection in either
direction.
(8) Fences constructed on common street rights-of-way and property lines, in
subdivisions platted prior to the effective date of this ordinance, shall have
the Finished side of the fence facing the street. All interior lot lines which
are not common with street nights -of -way shall be constructed with the
finished side facing according to the pleasure of the property owner
constructing the fence.
(9) For wood fences constructed in a subdivision platted after the effective
date of this ordinance, newly constructed wood fences located on lot lines
that do not have an existing fence of any kind shall be a box fence
construction.
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(10) All wood fences shall maintain natural wood tones.
(11) Wood picket fences are not permitted.
(12) All requirements of the Uniform Building Code adopted by the Town shall
be applicable to the construction of a fence and are hereby incorporated
herein and made a part of this Ordinance.
(13) Fences must be constructed of brick, stone, ornamental metal, pressure
treated wood, cedar, redwood or similar material approved by the Planning
and Zoning Commission to maintain appearance, soundness, safety, and
resistance to decay or weather.
(14) Fences located along public roadways must provide sufficient area
between the fence and the roadway for landscaping to be provided-
between
rovidedbetween the fence and the roadway. Such landscaping shall be well kept
live plant material and must be planted by the owner when the fence is
constructed. The objective is to provide an attractive screening. The live
plant material shall be a minimum of two feet in height when measured
immediately after planting so as to provide a continuous screening effect.
Section 4. Retaining Wall Regulations.
A. Permit. It shall be unlawful for any person, corporation, partnership or other legal
entity to construct or have constructed a retaining wall, or any part of a retaining wall greater
than four (4) feet in height without having first secured a permit for structural foundation for the
construction of the same from the Planning and Zonin; Administrator. The following
information shall be required in the permit application:
(1) Applicant's name and address;
(2) Local address where wall is to be erected;
(3) Construction material;
(4) Height of wall;
(5) Graphic outline of the property to be retained, with the retaining wall
signified by dark lines; and
(6) Approximate value.
B. Type of Retaining Wall and Construction.
(1) The use of treated railroad type cross -tie material is prohibited for new
construction or replacement.
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(2) All retaining walls must be constructed of material to maintain
appearance, soundness, safety, and resistance to decay or weather.
(3) Retaining walls located along public roadways must provide sufficient
area between the retaining wall and the roadway for landscaping to be
provided between the retaining wall and the roadway. Such landscaping
shall be well kept live plant material and must be planted by the owner
when the wall is constructed. The objective is to provide an attractive
screening. The live plant material shall be a minimum of two feet in
height when measured immediately after planting.
Section 5. Public Property. No fence, guy wires, braces or brackets on such fence shall
be constructed upon, or extend over, any property belonging to the Town except as permitted by
the Town.
Section 6. Outdoor Animal Run.
A. Permit. It shall be unlawful for any person, corporation, partnership or other legal
entity to construct or have constructed an outdoor animal ran for the containing of a dog or other
animal authorized in the Town Animal Control Ordinance without having first secured a permit
for such outdoor animal run from the Planning and Zoning Administrator. Such outdoor animal
run must be for the sole purpose of containing an authorized animal. The following information
shall be required in the permit application:
(1) Applicant's name and address;
(2) Local address where the animal run is to be erected;
(3) Construction material;
(4) Height of animal run; and
(5) Type of animal to be kept in animal run.
B. Type of Outdoor Animal Run and Construction.
(1) The animal run must be fully contained within an
opaque privacy fence.
(2) The animal run may be constructed only o£ 1) top -
rail galvanized chain link fencing with a gauge of
11 %, 12%, or 14 inches and posts, or 2) ornamental
iron.
(3) The animal run may not have metal or fiberglass
roofing,
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(4) The animal run may have a maximum height of four
(4) feet.
(5) The animal run must not be viewable from any
public right-of-way,
C. No animal runs shall be permitted on golf course lots.
Section 7. Screening. The following screening standards shall be complied with:
A. Fences, walls and dense landscaped hedges or plantings are permitted in any
zoning district as a screening element; however, such screening elements shall conform to the
restrictions set forth herein.
B. Where a non-residential use abuts a residential Iot, use or district, the side and rear
property lines abutting said residential lot, use or district shall be solidly fenced by the
nonresidential use with a wall of masonry construction unless other material has been approved
by the Planning and Zoning Commission, so as to obscure the view from the residential lot, use
or district to the non-residential use to a height of eight (8) feet.
C. Where the district boundary dividing a residential district from a non-residential
district is along a street or alley, and an automobile parking lot or parking area is located in the
front yard of the non-residential use, the said parking lot or parking area facing the residential
lot, use or district shall be suitably screened with a wall of masonry construction, unless other
material has been approved by the Planning and Zoning Commission, to a height of not less than
four (4) feet.
D. In non-residential areas, garbage, refuse and trash collectionlstorage areas shall be
fully screened from view by masonry fence or wall of at least eight (8) feet in height.
E. Off-street loading areas shall be adequately screened from view of any residential
dwelling and from any other adjacent land use, as indicated in Section 50 - Parking and Loading
Area Development Standards for Non -Residential Uses, item D.
F. In any district, exterior appliances and equipment shall be screened so as not to be
visible from any street. All utility and mechanical equipment shall be screened with a masonry
fence or wall, unless other material has been approved by the Planning and Zoning Commission.
G. On lots abutting a golf course in residentially zoned areas, screening along the
golf course shall be Iimited to see-through ornamental metal fence.
H. Screening, as herein referred, shall mean any of the following:
(1) Any material constructed of masonry, or of a concrete or metal frame, or
wood base which supports a permanent type material, the vertical surface
of which is not more than 30% open; or
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(2) Any dense evergreen hedge or plant material suitable for providing an
opaque visual barrier, for which such material shall be maintained in a
healthy growing condition.
(3) A solid cedar fence.
I. No screening element shall be constructed, erected, placed, planted or maintained
in such position or location so as to be dangerous or detrimental to the health or safety of
persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or
private street or driveway. Provided, however, that the natural existing terrain which cannot be
removed by reasonable landscaping techniques, including retaining walls constructed below or at
the same grade of said natural existing terrain, shall be excluded from the objects otherwise
prohibited.
J. Landscaped earth berms may, when appropriate in scale, be used as a screening
element in conjunction with a fence, wall, hedge or other dense planting material.
K. Fences, Walls, Hedges: With the exception of other provisions of this ordinance,
fences, walls, and hedges may be permitted in any required rear or side yard, or along the edge of
any such yard as a screening, decorative or containment element not to exceed six feet in height,
provided the following shall be observed:
(1) Nothing shall be erected placed, planted or maintained on a corner lot or
parkway adjacent thereto so as to interfere with the visual line of sight at
an elevation between two and one-half feet (2-112') and eight feet (S')
above the top of the adjacent street curb, or if there is no curb then from
the average street grade, within a triangular area formed by the
intersection of the adjacent street right-of-way lines and a line formed by
connecting a point 35 feet from the street intersection on one street
right-of-way line with a corresponding point on the other street
right-of-way line. Any object so erected, placed, planted or maintained
shall be prima facie evidence that said object, or combination of objects, is
an obstruction constituting a traffic hazard.
(2) At interior Lots: On an interior lot in any district, nothing shall be erected,
placed, planted or allowed to grow in such a manner as to impede vision
or in any way create a traffic hazard to motorists, whether the impediment
includes entering or exiting any public highway, street, alley or private
street or highway, driveway from or to adjacent private property.
(3) Any object or combination of objects placed, planted or maintained in
violation of this ordinance, shall be removed upon written notice by
certified mail from the Town Planning and Zoning Administrator, or their
representative, to the owner, agent or occupant of the premises or property
where such obstruction has been erected, placed, planted or maintained.
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(4) Railroad cross -ties and landscape timber shall not be allowed as
construction material for fences.
Section 8. Maintenance and Repair of non -living material. All required screening
materials shall be maintained and repaired in a neat and orderly manner at all times. Screening
areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the
screening or landscaping.
Section 9. Maintenance of living material. All required screening materials shall be
maintained and repaired in a neat and orderly manner at all times. This shall include, but not be
limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to
the maintenance of landscaping. Appropriate facilities for watering any plant material shall be
installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other
such materials or plants not a part of the screening or landscaping. All plant material shall be
maintained in a healthy and growing condition as is appropriate for the season of the year. All
plant material which dies shall be replaced with plant material of similar variety and size.
Section 10. Additional Screening, Fencing, Landscaping. The Planning and Zoning
Commission may recommend and the Town Council may require screening, fencing and
landscaping requirements on any zoning case in addition to or in lieu of screening or fencing
requirements set out specifically in each use district when the nature and character of
surrounding or adjacent property dictates, a need to require such devices in order to protect such
property and to further provide protection for the general health, welfare and morals of the
community in general.
Section 11. Perimeter Fencing. Perimeter fencing shall be provided according to the
following requirements:
A. A decorative masonry or ornamental wall or fence consisting of masonry posts at
eight (8) foot intervals with sealed Western Red Cedar Welco wooden insets or equivalent, shall
be constructed on property lying along the perimeter Town Limits line of the Town in
conjunction with development of that property unless otherwise provided in this ordinance.
B. The extent to which fencing or walls are constructed shall be determined by the
Planning and Zoning Commission upon consideration of a site specific request and upon the
submitting of appropriate documentation material.
C. Where a tract of land has been platted or is owned under single ownership or
under single control, which tract of land touches any part of the perimeter or corporate limits of
the Town, the owner, subdivider or developer of that tract of land shall build, erect or place a
continuous wall or fence at least eight (8) feet in height at the time any street improvement is
constructed within the subdivision, or the commencement of construction, or the development of
any kind upon the said tract of land.
D. Construction material for the extension of perimeter fences shall be subject to the
approval of the Town Council, upon recommendation by the Planning and Zoning Commission.
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Section 12. Inspection. Upon completion of the installation of the fence or wall, or a
retaining wall for which a permit is required, the Building Official shall be called for the purpose
of making an inspection. A Green tag shall be issued for compliance with this ordinance or a
Correction Notice will be issued for defects in construction materials or procedure. Once the
Green tag is received, the fence, wall or retaining wall shall be maintained so as to comply with
the requirements of this ordinance at all times. Any appeal from a decision of the Building
Official shall be made to the Town Council.
Section 13. Maintenance.
A. All fences and walls shall be maintained in sound condition and good repair at all
times. When a fence or wall is declared by the Building Official to be dilapidated or hazardous,
the Building Official shall order the occupant, owner, or inhabitant of the property to remove or
repair the fence or wall to a sound condition. Dilapidated shall include but not be limited to
fences or walls which have broken or missing planks or portions, or which are out of plumb by
more than one (1) inch per foot of height measured at the posts. Areas adjacent to fences and
walls shall be maintained in a clean manner and shall be free and clear of all debris, trash and
weeds. It shall be unlawful for an occupant, owner, or inhabitant of a property to fail to remove
or repair a fence or wall in accordance with this provision within ten (10) days of an order issued
under this section, unless otherwise approved by the Building Official.
B. No permit will be required for normal maintenance. However, when major
maintenance or replacement is required then a permit,must be obtained.
Section 14. Waivers and Appeals.
A. Upon request of an interested party, the Town Council,'upon recommendation by
the Planning and Zoning Commission, shall hear and shall seriously and fairly consider a request
for a waiver from the terms and conditions set forth in this Ordinance. A waiver may be
authorized as will not be contrary to the public interest, where, owing to special conditions, the
literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, so
that the spirit of this Ordinance shall be observed and substantial justice done.
B. Any person aggrieved by the terms of this Ordinance or the interpretation,
application, or enforcement of this Ordinance by the Designated Official shall have the right to
appeal any action of the Designated Official taken pursuant to this Ordinance. Any such appeal
shall be brought, by written application filed by an interested party, to the Planning and Zoning
Administrator within ten (10) days after the action of the Designated Official which is the subject
of the appeal. Enforcement of this Ordinance shall be stayed pending such appeal. In hearing
such appeals, the Planning and Zoning Commission shall review the determination of the
Designated Official and, in so doing, may consider whether or not the regulations and standards
of this Ordinance will, by reason of exceptional circumstance or surroundings, constitute a
practical difficulty or unnecessary hardship. The Planning and Zoning Commission shall
forward a recommendation to the Town Council, who shall act on the subject of the appeal. A
decision of the Town Council shall be final.
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Section 15. Savings; Repealer. That this Ordinance shall be cumulative of all other
ordinances of the Town affecting fences and walls and shall not repeal any of the provisions of
ordinances except in those instances where provisions of ordinances are in direct conflict with
the provisions of this ordinance; provided, however, that Ordinance No. 97-27 relating to fences
is hereby repealed, but provided however that any process, complaint, action, cause of action or
claim which has been initiated or has arisen under or pursuant to the said repealed Ordinances
shall continue to be governed by the provisions of those Ordinances, and for that purpose the
repealed Ordinances shall be deemed to remain in full force and effect.
Section 16. Severability. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereto, any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this Ordinance, and the Town Council hereby declares it would have
passed such remaining portions of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 17. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision of this Ordinance
shall be fined, upon conviction, in an amount not more than Five Hundred Dollars (5500.00), and
a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
Section 18. Effective Date. This Ordinance shall take effect from and after its date of
passage and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 19th day of January, 1999.
U
Town Secret
Town of Tr by Club, Texas
[SEAL]
APP71,AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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M�U,~Town of Trophy)Club, Texas
Mayor Pro Tem