OR 95-704 Amends fence regulations AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 95704
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL,
TEXAS, BY AMENDING ARTICLE 9-2, FENCE REGULATIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500.00) AND PROVIDING AN EFFECTIVE DATE.'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
That the Code of Ordinances of the City of Coppell, Texas, be, and the same is
hereby, amended by amending Article 9-2, Fence Regulations, to read as follows:
"ARTICLE 9 - 2 FENCE REGULATIONS
Sec. 9-2-1 DEFINITIONS
Corncr Lot Shall mean a lot situated at the junction of two(2) or more
dedicated public streets. (Ord. 176)
Fence - Any wall or structure more than eighteen (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. (Ord. 87 350)
Front Yard - The open, unoccupied space on a lot facing a street and
extending across the front of a lot between the side yard lines. (Ord. 176).
Rear Yard - A space unoccupied by principal structure extending for the full
width of the lot between a principal structure and the rear lot line./c,~
*Additions to the text are indicated in italic type, and deletions of the text are indicated
i ~:~ ...... type
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Side Yard - 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 llneyard. tr,,,~
Sec. 9-2-2 FENCE PERMIT REQUIRED
It shall be unlawful for any Individual, Partnership, Company or
Corporationperson to erect or have crcctcd a fence or any part of a fcnce, of
permanent construction in the City U~jts without first obtaining a-Fence
-Fpermit from the office of Building InspectionsCity, provided however, a permit
shall not be required to repair or replace an existing fence unless the location of
the fence is recon~gured. (Ord. 176)
Sec. 9-2-3 APPLICATION FOR PERMIT
Any individual, Partnership, Company or Corporation making application for
a Fence PermitAn application for a permit must be signed by the applicant and
contain an application for same showing the following information: "'-'~
A. Applicant's name, and address., and in addition, i/f the applicant
represents a Company or Corporatioras a partnership, corporation or
association, the name and addressphone number of a responsible party
of the entity of the Supervisor or Foreman of said Company or
Corporation and the name of its Prcsident. (Ord. 176)
B. Name and address of Oowner of property. (Ord. 176)
C. · ~"~ ",,Address of property where fence is ....... '~ to be erected.
(Ord. 176)
D. Height of fence. (Ord. 176)
E. Plat, map, or site plan showing the lot or tract on which the fence
prspc, scdis to be erected, the location of adjoining or adjacent lots or
tracts and with hca,~' black lines outline the location of the proposed
fence, outlined with heavy black lines. (Ord. 176)
F. Plat showing lot on which fence proposed to be erected, location of
adjoining or adjacent lots and with heavy black lines outline the
location of proposed fence. (Ord. 176)
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G. Approximate evaluation. (Ord. 176)
Sec. 9-2-4 PERMIT FEE
A Permit Fee of ten dollars ($10.00) shall be chargedA nonrefundable permit
fee established by resolution of the City Council shall be paid at the time of
application for each Permit issued. (Ord. 176)
Sec. 9-2-5 PUBLIC PROPERTY
No fence, guy wires, braces or any pc,~tpart of such fence shall be constructed
upon or caused to protrude over property. that the City or that thc gencral
public had dominion and control over, owns or has an casement over, under,
around or through, except upon utility easements which arc permitted to be
fenced. (Ord. 176)~1//fences must be maintained in a plane so as not to
overhang or interfere with public property.
Sec. 9-2-6 YARD, FRONTAGFJ.OC~TION,adVD HEIGHT REGULATIONS
A. REAR YARD REQUIRE~IENTS HEIGHT
It shall be unlawful to erect or maintain a fence at a height exceeding
eight feet (8') in any rear yard, or along any rear yard lot line. (Ord.
87 250)
B. REAR YARD
Where driveways connect to alleys arc in commercial, industrial and
residential areas, fences shall be only constructed along the rear lot
line of any lot to within five feet (5') of a point where the driveway
would intersect the alley pavement at ninety degrees (90 degrees).
Fences to be constructed along any driveway or perpendicularparallel
to alleys shall not be constructed within five feet (5') of the alley
pavement. (Ord. 87 350)
-BC. SIDE YARD REQUIREMENTS
It shall be pcrmittcd to erect a/l fence may be erected in the side yard
of a lot to the side property line. (Ord. 87 350)
CD. FRONT YARD REQUIREMENTS
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
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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. (Ord. 87 350)
Sec. 9-2-7 TYPE OF CONSTRUCTIONMATER/AL3
A. PROHIBITED FENCE
Ns ~A fence erected in the City Limits shall bc electrically charged in
any manner or form is prohibited. (Ord. 176)
B. PERMITTED MATERIALS
MatedHats permitted for fences shall be of wood, masonry or chain line
~.C PROHIBITED MATERIALS
No fence ercctod on property zoncd for residential uscs shall be
constructed of barbed wire fencing. (Ord. 176)
Materials prohibited in fences are barbed wire, razor ribbon, sheet metal,
plastics or any other similar matedHaL Exception: Barbed wire is
permitted for fencing agricultural- or industrial-zoned property.
C-Z). In order to allow ingress and egress for Fire Department personnel
and Fire Department cquipmcnt there shall bc/~ach fence that is
adjacent to or parallel to any public alley, drainage, easement or utility
easement except utility easements that the City has allowed to be
completely enclosed shall be equipped with at least one (1) gate or
opening with a minimum width of three feet (3') in each fence that is
adjacent to or running parallel to any public alley, drainage, casement
or utility casement except this provision shall not apply to utility
easements that the City has allowed to be completely fenced in.
E. All fences shall be maintained so as to comply with the requirements of
this Article at all times.
Sec. 9-2-8 INSPECTION
Upon completion of installation, the owner of the premises shall request the
Building Inspector shall be called upon forto conduct an inspection. A
Certificate of Acceptance will thcn bc issued, or a rejection slip indicating the
defects in the same will be issued. All fences constructed under the provisions
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2. , arc G ............ ~ .......... e~..oo or e re3; to ..........
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3. A gate or door not usad for general ingress or egress to and
from the enclosed area. Such gate or door need not be
cquippcd with self closing or self latchlag dcviecs, provided it
is equipped ~vith and malntalncd with some type of permanent
locking device. Provided, ho~vever, it shall be unlawful and a
violation of this Article for any said person to permit such a
gate or door to remain open or unlocked while unattended.
(Ord. 176)
C. FAILURE TO MAINTAIN ENCLOSURE UNLA~VFUL
It shall be unlawful to maintain any swimming pool ~vithin the
Corporate Limits of the City ~vhich is not fenced in accordance ~vith
the requirements of this Article. (Ord. 176)
D. PLANS FOR NE~r~t CONSTRUCTION AND TIME FOR
COMPLIANCE IN REGARD TO EXISTING SWIMMING POOLS
All plans submitted to the City for swimming pools to be constructed
shall show compliance with the requirements of this Article, and the
final inspection and approval of all pools constructed shall be withheld
until all rcquiremcnts of this Article have been complied with by the
Owner, Purchaser under contract, lessee, tenant or lieonset. This
Article shall apply to swimming pools in existence at the time of the
passage of this Article, provided; however, the O~mer thereof shall
have ninety (90) days from and after the passage of this Article in
which to bring his property into compliance with the terms of this
Article. (Ord. 176)"
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3. That any person, firm or corporation violating any of the provisions or
terms of this ordinance, shall be 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
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sum of Five Hundred Dollars ($500.00) for each offense; and each and every day such
violation shall continue shall be deemed to constitute a separate offense.
SECTION 4. That an offense committed before the effective date of this ordinance
is governed by the prior law and the provisions of the Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 5. That should any word, phrase, paragraph, section or portion of this
ordinance or of the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or of the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 6. That this ordinance shall become effective from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 2 .~
day of '~//~ , 1995. APPROVED:
AITEST:
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APPROVED AS TO FORM:
(PGS/jd 5-23-95)
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