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OR 2006-1133 Code for Fence Regulations ORDINANCE NO. 2006-1133 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 9-2, FENCE REGULATIONS, BY REPEALING SECTIONS 9-2-1 THROUGH 9-2-8 IN ITS ENTIRETY AND BY ADDING NEW SECTIONS 9-2-1 THROUGH 9-2-10 PROVIDING FOR FENCE REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Coppell Code of Ordinances be amended by amending Chapter 9, by repealing Sections 9-2-1 through 9-2-8 and providing a new ordinance Sections 9-2-1 through 9-2-10, to read as follows: “ARTICLE 9-2. FENCE REGULATIONS Sec. 9-2-1. Definitions. Fence means any wall or structure more than 18 inches in height erected or maintained for the purposes of enclosing, screening, restricting access to or decorating the surrounding lot, parcel, building or structures. Finish side means that side of the fence that forms the barrier, where the support elements, including posts and rails of the fence, are not visible from outside the property. Front yard means the open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines. Rear yard means a space unoccupied by principal structure extending for the full width of the lot between a principal structure and the rear lot. Repair shall mean the construction or repair of fifty percent (50%) or less of the perimeter of an existing fence. P1 AGE 68146 Replace means, for the purposes of this article, the construction, reconfiguration, relocation or repair of fifty percent (50%) or more of the perimeter of an existing fence. Side yard means an open unoccupied space on the same lot with the building, situated between the building and the side line of the lot, and extending through the street or the front line shall be deemed a side yard." Sec. 9-2-2. Fence permit required. It shall be unlawful for any person to erect or replace a fence, as defined herein, without first obtaining a permit in accordance with the regulation set forth in this Chapter, provided however, a permit shall not be required to repair an existing fence. Sec. 9-2-3. Application for permit. An application for a permit must be signed by the applicant and contain the following information: A. Applicant's name and address. If the application is a partnership, corporation or association, the name and phone number of a responsible party of the entity. B. Name and address of owner of property. C. Address of property where fence is to be erected. D. Height of fence. E. Plat, map, or site plan showing the lot or tract on which the fence is to be erected, the location of adjoining or adjacent lots or tracts and the location of the proposed fence, outlined with heavy black lines. Sec. 9-2-4. Permit fee. A nonrefundable permit fee established by resolution of the city council shall be paid at the time of application for each permit issued. Sec. 9-2-5. Public property. A fence, or any part of such fence, shall not be constructed upon or caused to protrude over property line or lot line. All fences, as provided herein, must be maintained in a plane so as not to overhang or interfere with public property. Sec. 9-2-6. Location and height regulations. P2 AGE 68146 A. Height. It shall be unlawful to erect or maintain a fence at a height exceeding eight feet. B. Rear yard. Where driveways connect to alleys in commercial, industrial and residential areas, fences shall be only constructed along the rear lot line of any lot to within five feet of a point where the driveway would intersect the alley pavement at 90 degrees. Fences to be constructed along any driveway or parallel to alleys shall not be constructed within five feet of the alley pavement. C. Side yard. A fence may be erected in the side yard of a lot to the side property line. D. Front yard. It shall be unlawful to erect or maintain a fence within the front yard of any lot, from the front building line to the front lot line. The front building line as that term is used herein shall mean the building line established by the building constructed on the lot if such established building line is a greater distance from the front lot line than that established by law. Sec. 9-2-7. Materials, Orientation and Colors. A. Permitted materials. All fences, as defined herein, constructed within the City, shall only be constructed with metal vertical posts and the following material: 1.wood; 2.metal or wrought iron; 3.stone or brick with mortar; 4. decorative metal. B. Permitted colors. Colors for wood fences shall be limited to earth- tone colors only; wrought iron and decorative metal fences may be black, off white or earth tone colors only; masonry fences may not be painted. Sec. 9-2-8. Prohibited Materials. Materials prohibited in fences are barbed wire, razor ribbon, sheet metal, chain-link, vinyl or polyvinyl, or any other similar material, except that barbed wire and/or chain link is permitted for fencing for agriculture- or industrial- zoned property. Sec. 9-2-9. Electrical fences. P3 AGE 68146 Fences shall not be electrified or utilize an electrical charge; however, such prohibition shall not be construed to prohibit electric gate closures. Sec. 9-2-10. Inspection. Within thirty (30) days of the completion of installation, the owner of the premises shall request and the building inspector shall conduct an inspection. A certificate of acceptance or a rejection slip indicating the defects in the same will be issued.” SECTION 3. . All provisions of this ordinance of the City of Coppell is an addition to other ordinances or charter provisions; however, in the event this is in conflict with the provisions of this ordinance, be, then the provisions and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Five Hundred ($500.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. That this Ordinance shall take effect immediately from and after its passage and publication, as the law and charter is such cases provide. P4 AGE 68146 DULY PASSED by the City Council of the City of Coppell, Texas, this ~2.. day of ~2006. By: ATTEST: APPROVED AS TO FORM: By. RO~G~ C(!~RNEY (REWcdb 7/13/06) PAGE 5 68146 .