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ORD 1991-14ORDINANCE 0 91-19 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 91-14 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; REPEALING ORDINANCE NO. 0 89-17 RELATING TO FENCES; 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. -1- 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. Applicantts 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 Re uirements. 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. 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. -2- 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 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 nw 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. Section 6. swimming Pool Regglations. 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. -3- 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 8. 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. Tnspection. 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. 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. 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 -4- 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 Ordinance No. O 89-17 relating to fences is hereby repealed in its entirety, but provided that any action, cause of action or claim which has been initiated or has arisen under or pursuant to Ordinance No. O 89-17 shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. O 89-17 shall remain in full force and effect. Section 14. Tf 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. Section 16. That this Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this the 15 day of October 1991. ATTEST: Town Sec ry, Town of ophy, Cl Texas -5- , Town of Trophy Club, Texas APPROVED A5 TO FORM: Town Attorney, Town of Trophy Club, Texas mm