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ORD 1995-16ORDSDNANCE 95-16 IU ORDINANCE 97-27 12/16/97 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 95 16 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION OF FENCES; PROVIDING DEFINITIONS; (1) REQUIRING A PERMIT AND PAYMENT OF A PERMIT FEE, (2)ESTABLISHINGHEIGHT REQUIREMENTS, (3) PROVIDING REGULATIONS REGARDING THE LOCATION, TYPE AND CONSTRUCTION OF FENCES, (4) PROHIBITING THE CONST- RUCTION OF A FENCE ACROSS PUBLIC PROPERTY, (5) PROVIDING FOR AN INSPECTION, (6) PROVIDING MAINTENANCE REQUIREMENTS, (7) PROVIDING FOR ALL FENCES CONSTRUCTED AS OF SEPTEMBER 5, 1995 TO REMAIN UNTIL SUCH TIME AS THEY NEED MAJOR REPAIR OR REPLACING, THEN THEY MUST COME INTO COMPLIANCE WITH THIS ORDINANCE; (8) PROVIDING FOR APPEAL; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 92-06 RELATING TO FENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS. Section 1. Incorporation. That all 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. "Fence" shall mean any wall or structure more than three (3) feet in height constructed for the purpose of enclosing, screening, restricting access, or decorating any lot, building or structure. B. "Picket Fence" shall mean any wood fence comprised of four by four inches (4" x 411 ) terminal posts, two inch by four inch (2" x 4") intermediate posts, and wood rails and pickets at least one (1) inch thick. Pickets shall be placed so as to provide a space between each picket of not more than one half (1/2) each. C. "Treated Railroad Type Cross -tie Wall" 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. "Stockade Fence" shall mean pre constructed panels in approximately S' sections and made of wood that will not maintain appearance, soundness, safety and resistance to decay and weather. F. "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 construct or have constructed any type of fence, or any part of a fence, without having first secured a permit 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 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 Iocation of adjacent fences; and (7) Approximate value. 2 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. 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, there must be at least one (1) gate not less than three (3) feet wide, (4) All fences on golf course lots shall be constructed of ornamental iron. It shall be unlawful to construct any fence on a golf course lot which restricts the view to the golf course, as determined by the Town. (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. (7) No fence shall be constructed on a corner lot that does not afford proper visual clearance for 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 slat picket fences are not permitted. (l l_) Al! 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 iron, pressure treated wood or similar material to maintain appearance, soundness, safety, and resistance to decay or weather. (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 shrubs and must be planted by the owner when the fence is constructed. The objective is to provide an attractive screening. Shrubs shall be a minimum of two feet in height when measured immediately after planting. Section 4. Retaining Walls 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 (6) Approximate value B. Tvpe 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 shrubs and must be planted by the owner when the wall is constructed. The objective is to provide an attractive screening. Shrubs shall be a minimum of two feet in height when measured immediately after planting Section S. 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. SPrtinn 6, tnspectinn _ Upon completion of the installation Gf the cI]Cc or waif, or a i retaining wall for which a permit is required, the Building Inspector 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 Inspector shall be made to the Town Council. M 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 Inspector to be dilapidated or hazardous, the Building Official shall order the fence or wall to be removed or repaired 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. (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 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. 92-06 relating to fences is hereby repealed in its entirety, but provided however that any complaint, action, cause of action or claim which has been initiated or has arisen under or pursuant the said repealed Ordinances shall continue to be governed by the provisions of that Ordinance, and for that purpose the repealed ordinance 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. 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, not less than One Dollar ($1.00) nor 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. 5 Section 12. Effective Date - This Ordinance shall take affect 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 9th day of 1995. cam_ a or, Town of Trophy lub, Texas ATTEST: APPROVED AS TO FORM: r Town ttorney Town Secretary [SEAL]