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HomeMy WebLinkAbout804 09-11-1984ORDINANCE NO. 804 AN ORDINANCE AMENDING ORDINANCE NO. 505 BY RE- PEALING AND REPLACING IT IN ITS ENTIRETY; IDENTIFYING THE SCOPE OF THE ORDINANCE; ESTABLISHING GENERAL REQUIREMENTS AND PROHIBITIONS FOR ALL FENCES AND FREE STANDING WALLS; ESTABLISHING SPECIFIC FENCE AND WALL SETBACK REQUIREMENTS; ESTABLISHING ADMIN- ISTRATIVE PROCEDURES INCLUSIVE OF PERMITTING RE- QUIREMENTS AND THE ESTABLISHMENT OF FEES AND CHARGES; ESTABLISHING PROCEDURES FOR VARIANCE AND APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND AN EFFECTIVE DATE. WHEREAS, the present building codes do not regulate obstructions, fences or walls on property; WHEREAS, certain aspects of the community values have changed since the approval of the current fence ordinance; WHEREAS, the current fence ordinance has become out -of -date and obsolete due to its ineffectiveness in enhancing the quality of life in the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCL OF THE CITY OF EULESS, TEXAS: Ordinance No. 505 (The Euless Fence Ordinance) be repealed and replaced in its entirety with the following rules and regulations. SECTION I SCOPE 1.1 SCOPE: This ordinance is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Euless, and to enhance the aesthetic quality of the community. 1.2 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. 1.3 For administrative purposes, all referances to fences and or walls shall be interpreted to apply to free standing structures. SECTION Il GENERAL REQUIREMENTS /PROHIBITIONS FOR ALL FENCES AND FREE STANDING WALLS 2.1 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 thirty -six inches (36 ") above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven feet (79 above ground level. (For example see Exhibit "A ", Figure (1)). 2.2 TWENTY -FIVE FOOT (25') VISABILITY 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 twenty -five feet (25') back from the property corner along both streets. (For example see Exhibit "A ", Figure (2)). 2.3 BARBED WIRE PROHIBITED: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited; provided, however, a security fence not less than six feet (69 in height may be topped with barbed wire that is located on property not zoned for residential purposes. 2.4 ELECTRICAL FENCES PROHIBITED: No fence shall be electrically charged in any form or fashion. 2.5 EIGHT FOOT (8') MAXIMUM HEIGHT: No fence in a residential district shall exceed eight feet (81) in height above ground level at the fence line. 2.6 EMERGENCY INGRESS & EGRESS REQUIRED: In order to allow ingress /egress of emergency personnel and equipment, at least one gate or opening not less than three feet (31) in width shall be required within each fence or wall that is adjacent to or running parallel with a public right -of -way, alley, drainage, utility or access easement. One such opening is required for each lot or in cases where the lot frontage is greater than two hundred feet (200'). An opening or gate shall be located not less than two hundred feet (200') to another opening on the same property. 2.7 PROPERTY OWNERS' RESPONSIBILITY: The construction of a fence or wall on the property line shall not preclude the property owners' responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. (For example, see Exhibit "A ", Figure (3)). 2.8 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. 2.9 SWIMMING POOLS: All swimming pools shall be fenced. The following specifications shall apply: 2.9.1 Private pools (Single Family Residence): a. The entire pool shall be enclosed. b. Minimum height of six feet (69. C. Wood construction or approved equal. ORDINANCE NO. 804, PAGE TWO OF NINE d. The fence shall be equipped with self - closing and self- latching gates. 2.9.2 Public pools (Apartments, Hotels, Motels, Condominimums, Townhouses, and Mobile Home Parks): a. The entire pool shall be enclosed. b. Minimum height of four feet (4'). C. Wood or chain link construction or approved equal. d. The fence shall be equipped with self - closing and self - latching gates. SECTION III FENCE AND FREE STANDING WALL SETBACK REQUIREMENTS 3.1 FRONT YARDS: No fence or free standing wall greater than thirty -six inches (36 ") in height shall extend into the required front yard except for decorative fences or security fences meeting the following requirements: 3.1.1 The property shall not be zoned for one or two family dwellings, 3.1.2 Fences thirty -six inches (36 ") or more above the finished grade of the lot shall not be more than twenty -five percent (25%) solid. 3.1.3 The primary fencing material shall be of wrought iron, exposed aggregate tilt wall, fired masonary, approved wood rail construction or other material approved by the City Building Official. (For example see Exhibit "A ", Figures (4) and (5)). 3.2 SIDE FENCE AND FREE STANDING WALL SETBACKS: No fence or wall greater than thirty -six inches (36 ") in height shall be located less than fifteen feet (15') from any side property line that is adjacent to a public street unless: 3.2.1 The subject lot backs up to the rear property line of another lot, in which case no side fence setback is required; (For example see Exhibit "A ", Figure (6)). 3.2.2 The subject lot backs up to an access easement or alley right -of -way, in which case a ten foot (10') visibility triangle shall be required. (For example, see Exhibit "A ", Figure (6)). 3.3 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 abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty -six inches (36 ") in height shall be located within fifteen feet (151 of the subject lots rear property line. (For example see Figures (5) and (7)). ORDINANCE NO. 804, PAGE THREE OF NINE �31r "NIOWEVJ ADMINISTRATION 4.1 FENCE PERMIT REQUIRED: It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the office of building inspections. 4.2 APPLICATION FOR PERMIT: Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: 4.2.1 Applicant's name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. 4.2.2 Name of owner of property. 4.2.3 Local address where fence is proposed to be erected. 4.2.4 Type of fence construction. 4.2.5 Height of fence. 4.2.6 Plat showing lot on which the fence is proposed to be erected, and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. 4.3 PERMIT FEE: A permit fee shall be paid prior to the issuance of any Fence Permit. The fee charged shall be in accordance with City of Euless Schedule of Fees. SECTION V VARIANCES & APPEALS 5.1 VARIANCES: The Euless City Council may appoint a board consisting of at least five (5) members, who, after review of the application for variance or appeal by the City Attorney for determination as to form thereof and that same is within the purview of the authority of such Board, shall hold a public hearing in which written notification has been given to all property owners within two hundred feet (200') of the proposed variance, may grant a variance to this Ordinance where, in its opinion, the Board finds the following requirements have been met: 5.1.1 Granting the variance will not adversely affect the interest of the City of Euless; 5.1.2 Granting the variance will not adversely affect the neighboring property owners; 5.1.3 There is, in the Boards opinion, a hardship on the land, and that hardship is not a personal or self- created hardship. 5.2 APPLICATION FOR VARIANCE: Application for a variance shall be made by submitting the following to the City Planning Department: ORDINANCE NO. 804, PAGE FOUR OF NINE a. Letter requesting to be heard by the Board described in Section 5.1 above for a variance and a statement of the nature of variance being requested. b. An application fee prescribed in the City of Euless Schedule of Fees shall be paid prior to any public notification or being placed on the Boards Agenda. 5.3 APPEALS: The Board described in Section 5.1 above shall have the authority to hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the Building Inspector in the enforcement of this ordinance. Such appeals shall be made in the manner described above in Section 5.2a of this Ordinance. No application fee is required. SECTION VI PENALTY FOR VIOLATION: Any person, firm, or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed One Thousand ($1,000.00) Dollars, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION VII SEVERABILITY CLAUSE: It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such un- constitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION VIII EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. ORDINANCE NO. 804, PAGE FIVE OF NINE � i f EXHIBIT A �iLIS p,2EA iV�U --aE KePY CL-0 Aj- r 5Ftp+. 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AzvT- --try srRe�S ANp Tt+E �� / TvJo l0[r ./� SkYAfiE A GoMM�I LZCD.Q. 'FkoFEY.�`C L1Nt ' rio FtiNfyE SET - BAC� tS 'Rx A 251 Vl5tU%L«Y _MlAtJW5 l5 lTEczul2ED AT ALL 15TRE5r IN=EC -'ccoN S Sr2�r �xs•�_ T - T - p — Woezv (fc�ev__ LOfb "$gc.IL UP r 'fo A�E`C S Vl �toi ALL E'Y �.r�l�'E tS L EQJIKC -D a_ 1 FwuvuE- CG) �/L51P�lLII�( i tANt#E5 COQIIER LOTS y (�MMory�EnGZ �ICOPr�( LINES to2ock a Ne MA e- YAW l5 Ut1FE1ra j° 3AcX FZoWMDFMY ugh V vwK-T{FE ° � TI+E � . _ Su67r cvr 6A xs .�� t d uP ZS To. 2S -v c�r`l Sra� IS' MIR• C-e kE 5eF?Aei Fog G.G"tsr_ LOTS -T�rAT- AFtc UP Tn 510E Lov- wrl* ORDINANCE NO. 804, PAGE EIGHT OF NINE t PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 28th day of AugusN84, by a vote of 4 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on the 11th9ay of Sep,- 1984, by a vote of ,7 ayes,—* nays, and o abstentions. tember APPROVED: ATTEST:/ Kay Rai y, City Sept ary 1. APPR D S O City Attorney APPROVED AS TO CONTENT: James Knight, City Engineer ORDINANCE NO. 804, PAGE NINE OF NINE / /