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.
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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.
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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.
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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.
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(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.
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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]
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