ORD 1989-17TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 89-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS, ESTABLISHING REGULATIONS FOR THE
CONSTRUCTION OF FENCES; PROVIDING
DEFINITIONS; REQUIRING A PERMIT AND A PERMIT
FEE; ESTABLISHING HEIGHT REQUIREMENTS;
PROVIDING REGULATIONS REGARDING THE LOCATION,
TYPE AND CONSTRUCTION OF FENCES; ESTABLISHING
REGULATIONS REGARDING THE CONSTRUCTION OF
FENCES AROUND SWIMMING POOLS; PROHIBITING THE
CONSTRUCTION OF A FENCE ACROSS PUBLIC
PROPERTY; PROVIDING FOR AN INSPECTION;
PROVIDING MAINTENANCE REQUIREMENTS; PROVIDING
FOR AN APPEAL; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES
AFFECTING FENCES EXCEPT TO THE EXTENT OF
CONFLICT HEREWITH AND REPEALING ORDINANCES
NO. 86-22, 87-17 AND 88-13; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF 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; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club,
Texas (the "Town") desires to regulate the construction of
fences for the purposes of insuring traffic safety, reducing
drainage problems, helping to protect citizens and other
members of the public from the dangers inherent in the use of
swimming pools and restricting the visual blight caused by
certain fences; and
WHEREAS, the Town Council finds that the fence
regulations outlined 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. That all of the above premises are found to
be true and correct and are incorporated into the body of this
Ordinance as if copied herein in their entirety.
Section 2. Definitions. The following words shall have
the respective meanings ascribed to them:
A. "Fence" shall mean any wall or structure more than
twelve (12) inches in height constructed for the purpose of
enclosing, screening, restricting access to or decorating any
lot, building or structure.
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Section 3. 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 Town Secretary. The following information
shall be required in the permit application:
A. Applicant's name and address, and if the person
represents a partnership, corporation, or other legal entity,
the name and address of the president of the same, together
with the name of the foreman;
B. Name of owner of the property;
C. Local address where fence is to be erected;
D. Type of fence;
E. Height of fence;
F. Graphic outline of the property to be fenced, with
the fence signified by dark lines and location of adjacent
fences; and
G. Approximate value.
A permit fee in the amount of twenty-five dollars
($25.00) shall be required to construct a fence; however,
should the Town Building Code require a greater fee, the
greater fee shall control. If a fence is constructed at the
time of the construction of a residential dwelling or other
structure or building, no additional fee shall be required for
the construction of a fence; provided, however, that a permit
to construct a fence shall be required in any event. If a
fence is to be constructed by the holder of a building permit
during the life of said permit, a fence permit shall be applied
for at the same time a building permit is applied for.
Section 4. Height Requirements.
A. 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.
B. It shall be unlawful to erect or have erected a
fence in any front yard.
C. on all corner lots where the rear yard lot line is
adjacent to a side yard lot line or across an alley from such
side yard lot line, no fence exceeding three (3) feet in height
shall be constructed outside the designated building line along
the side or rear yard which is next to the street.
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Section 5. Type of Fence and Construction.
A. It shall be unlawful for any fence to be constructed
that is electrically charged in any manner.
B. It shall be unlawful for any fence to be constructed
or maintained that is composed of wire fencing.
C. In order to allow for the entrance and exit of fire
and police department personnel, there must be at least one (1)
gate no less than three (3) feet wide on each fence that is
adjacent or parallel to a public alley, utility easement or
other public right-of-way. This requirement shall not apply to
easements which the Town has authorized to be completely fenced
in.
D. In all residential developments with rear or side
entry access to a garage or carport, a visibility clip measured
five (5) feet from the corner of the driveway, alley or street,
in both directions, shall be provided on both sides of the
drive.
E. 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.
F. It shall be unlawful to erect a fence which alters
the natural drainage or planned drainage on any residential lot.
G. It shall be unlawful to construct a fence parallel
to another fence and closer than twenty (20) feet to said other
fence unless the new fence is the same height, without
permission from the Planning and Zoning Commission.
H. No fence shall be constructed on a corner lot that
does not afford proper visual clearance for traffic approaching
the intersection in either direction.
I. All parts of a fence shall have the finished side
facing the outside of the property on which it is constructed.
J. All wood fences shall maintain natural wood tones,
except that picket fences may be white.
K. 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.
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Section 6. Swimming Pool Regulations.
A. Every outdoor swimming pool must be enclosed by a
wall or fence not less than four (4) feet in height. Said wall
or fence shall be constructed in such a manner that there are
no gaps or openings, other than gates or doors, larger than
four (4) inches measured in any direction. Such fence shall be
permanent, shall be set and anchored firmly in the earth, and
all gates or doors in said fence shall be equipped with self-
closing and self -latching devices capable of keeping the gate
or door securely closed when not in use. Such latching devices
shall be attached to the upper quarter of the gate or fence on
the inside thereof.
B. The term "swimming pool" shall mean a body of water
in an artificial or semi -artificial receptacle or other
container located outdoors, used or intended to be used for
public, semi ---public or private swimming or bathing by adults or
children, or both adults and children, operated and maintained
by any person, whether he be an owner, lessee, operator,
licensee or concessionaire and shall include swimming pools
used or intended to be used solely by the owner or friends
invited to use it without payment of any fee. During the
construction of a swimming pool, a temporary fence shall be
provided during the construction phase, which shall limit
access to the construction site at all times except when
construction is actually in progress. A permanent fence shall
be in place before final inspection.
Section 7. 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 S. Deed Restrictions. Where residential
developments within the Town have deed restrictions, or other
restrictive covenants on file for the benefit of the
neighborhood, that are more restrictive than the provisions of
this Ordinance, the provisions of said restrictions and
covenants shall prevail.
Section 9. Inspection. Upon completion of the
installation of the fence, the Building Inspector shall be
called for the purpose of making an inspection. A Certificate
of Acceptance shall be issued for compliance with this
Ordinance or a rejection slip will be issued for defects in
construction materials or procedure. Once the Certificate of
Acceptance is received, the fence 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 Board of Adjustment.
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Section 10. Maintenance.
A. Any person, group of persons, corporation,
partnership or other legal entity, owning or having control of
any fence within the Town shall be responsible to maintain the
fence in a safe and presentable condition. This shall include
replacement of broken or defective boards, posts, or other
fence parts that may cause the fence to be unsafe or unsightly.
B. No permit will be required for normal fence
maintenance. However, if the fence has deteriorated beyond
fifty (50) percent of the fence value, and is not in compliance
with the provisions of this Ordinance, the terms of this
Ordinance shall prevail.
Section 11. Areal. 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 12. Fences constructed prior to September 15,
1986 are hereby declared lawful and valid; provided, however,
that such fences shall be subject to Sections 4.C., 5.A., 5.C.,
5.D., 5.F., 5.H., 5.J., 6, 7 and 10 of this Ordinance.
Section 13. That this Ordinance shall be cumulative of
all other ordinances of the Town affecting fences and shall not
repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct
conflict with the provisions of this Ordinance; provided,
however, that Ordinances No. 86-22, 87-17 and 88-13 are hereby
repealed, but provided that any action, cause of action or
claim which has been initiated or has arisen under or pursuant
to those said Ordinances shall continue to be governed by the
provisions of those Ordinances.
Section 14. 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 15. Any person violating any of the provisions
of this Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine in a sum not
to exceed Five Hundred Dollars ($500.00) for each offense and a
separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
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Section 16. That this Ordinance shall become effective
from and after its date of passage and publication as required
by 1aw.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas, on this the J" day of October , 1989.
Mayor, To/n of Trophy Club, Texas
ATTEST;
tart', Town of Trophy Club,
Texas
[SEAL]
APP VED AS TQ FO
Town Attorney, Town of Trophy Club,
Te as
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