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ORD 1997-27ORDINANCE NO. 97-27 ORDINANCE 1999-01 JANUARY 19,1999 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 97-27 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION OFFENCES; PROVIDING DEFINITIONS; (1) REQUIRING A PERMIT AND PAYMENT OF A PERMIT FEE, (2) ESTABLISHING HEIGHT REQUIREMENTS, (3) PROVIDING REGULATIONS REGARDING THE LOCATION, TYPE AND CONSTRUCTION OFFENCES, (4) PROHIBITING THE CONSTRUCTION OF A FENCE ACROSS PUBLIC PROPERTY, (5) PROVIDING FOR AN INSPECTION, (6) PROVIDING MAINTENANCE REQUIREMENTS, (7) PROVIDING FOR APPEAL; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NOS. 97-06 AND 95-16 RELATING TO FENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMB HTTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; 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 Nos. 95-16 and 97-06 relating to fences, and it is the intent of the Council by the adoption of this Ordinance to combine the terms of those Ordinances without affecting a substantive change in the law. 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 the respective meanings ascribed to them: shall have A. "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 any real. property, building or structure. DOC #. 603167 B. "Picket Fence" shall mean any wood fence which has any two (2) adjacent slats or pickets more than 1/2 inch apart. C. "Treated Railroad T2e 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. D. "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. E. "Wood_ Rai_ it 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) It 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. (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. DOC q: 603167 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. (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. (6) 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. () 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) All parts of a fence shall have the finished side facing the outside of the property on which it is constructed. (9) All wood fences shall maintain natural wood tones. (10) Wood picket fences are not permitted. (11) 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. (12) 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. DOC ,Y: 603167 Section Inspection. retaining wall for Upon completion of the installation of the fence or wall, or a r 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 7. Maintenance. (1) 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. (2) No permit will be required for normal maintenance. However, when major maintenance or replacement is required then a permit must be obtained. Section 8. Appeal. Any person aggrieved by the terms of this Ordinance shall have the right to petition the Town Council and seek a variance from the same. A variance 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. A decision of the Town Council shall be final. Section 9. Savings; Repealer. That this Ordinance shall be cumulative of all oth ordinances of the Town affecting fences and walls and shall not repeal any of the provisioer ns er of ordinances except in those instances where provisions of ordinances are in direct conflict with the provisions of this ordinance; provided, however, that Ordinance Nos. 95-16 and 97-06 relating to fences are 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 10. 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. DOC ,Y: 603167 (13) Fences located along public roadways must provide sufficient area between the fence and the roadway for landscaping to be provided between 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 Nall 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 Zoning 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. Tyne of Retaining --� Wall and Construction. (1) The use of treated railroad type cross -tie material is permitted and may be visible from a public right-of-way. (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 The live plant to provide an attractive screening. 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. DOC A`. 603167 Section 11. 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 ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 12. 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 16t.h day of_ DPrembp 1997, ATTEST: Town Secretary , Town of Trophy Club, Texas [SEAL] DOC A 603167