§ 33. Fence regulations.
A.
Generally. The purpose of this section is to prevent sight restrictions, promote safety for vehicles and pedestrians, and provide an open atmosphere in developments. No fence, wall or outdoor area enclosure may be erected, placed or altered within the city unless the fence, wall, or outdoor area enclosure is in conformance with the provisions of this section.
B.
Definitions. For the purposes of this section the following definitions shall apply:
1.
Alternate orientation. Created when a structure located on a corner lot is constructed to face the street frontage not normally associated to be the front of the lot.
2.
Corner lot. A lot, tract or parcel which abuts two streets at their intersection, with the longer street frontage being the side of the lot.
3.
Corner orientation. Created when a structure located on a corner lot is constructed to face the intersection, diagonally across a lot, rather than a traditional orientation toward one of the intersecting streets. In cases of corner orientation, both sides of the lot along the street frontages are to be treated equally as front yards.
4.
Decorative fence. A fence or outdoor area enclosure constructed for aesthetic purposes only constructed of material such as wood pickets, lattice work, decorative metal, masonry or stone, meeting the requirements of this section.
5.
Electrical fence. An outdoor area enclosure that contains an electrically charged or partially charged metallic material designed to discourage crossing by either man or animal.
6.
Fence. For the purpose of this section, a fence shall be any construction or hedge greater than 30 inches in height and of any material the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Dikes and retaining walls for the purpose of diverting water and retaining soil are not classified as a fence.
7.
Fence height. Fence height shall be the distance equal to the measurement from the top of the fence straight down to a point level with the highest grade within 10 feet.
8.
Non-residentially zoned areas. Any land within the city zoned for non-residential uses: "O," "C-1," "C-2," "C-3," "C-4," "C-5," "M-1," "M-2," "BP" or non-residential "PD" district.
9.
Office, business or industrial park/complex enclosure (including entry features). A wall of masonry or masonry and pressure-treated timber, plaster, iron or other approved building material serving to enclose or protect an office, business or industrial park/complex.
10.
Outdoor area enclosure. Any fence, wall or structure of various materials designed to serve as an enclosure of an outdoor area, a barrier or boundary, or to otherwise divide or protect an area.
11.
Privacy/security enclosure. Fences, walls or structures located on individual lots, tracts or parcels for the purpose of enclosing an outdoor area for privacy or security purposes.
12.
Residential subdivision enclosure (including subdivision entry features). A wall of masonry or masonry and pressure-treated timber, plaster, iron or other approved building material serving to enclose, divide or protect a residential subdivision.
13.
Residentially zoned areas. Any land within the city zoned for residential uses: "SF-1," "SF-2," "D," "TH," "MF-1," "MF-2," "MH" and residential "PD" districts.
14.
Wall. An outdoor area enclosure of masonry, wood, plaster or other approved building material that exceeds three inches in thickness, serving to enclose, divide or protect an area.
15.
Visibility triangle. An area as defined by the City Engineer, located at the intersection of two streets, access easements or alleys or any combination thereof where no structure, growth or object shall exceed two feet in height.
C.
Permits. It shall be unlawful for any person to erect or have erected a fence or wall without first obtaining a permit from the building official if the fence or wall is over thirty inches (30"). Exceptions— Where repairs and replacements are of the same fence material, fence height, and fence location, the follow exceptions to Section 33.C are allowed:
1.
A permit shall not be required to repair or replace less than 50% of any given fence line segment. Multiple fence line segments may be repaired or replaced without a permit as long as the aggregate distance of fencing repaired or replaced is less than 50% within any two year time period.
2.
A permit shall not be required to repair or replace a number of fence sections as long as the total aggregate distance of fencing repaired or replaced is less than ten (10) horizontal feet within any two year time period.
D.
Extension over property line. No fence, guy wire, brace, light standard sign, vee arm, barbed wire base and arm, or any structure on a fence shall extend over any property lines.
E.
Residential uses. In residentially zoned districts, fences, walls and outdoor area enclosure structures may be erected if in accordance with the following regulations:
1.
Privacy/security enclosures:
a.
Privacy/security enclosures may be fences or walls.
b.
Maximum height shall not exceed six feet. Exception— The top of the fence may extend level with the top of the fence at the highest grade without regard to fence height restrictions; however, no fence picket or vertical length of fence material shall be greater than ten (10) feet as determined by the building official and with due review of wind load calculations.
c.
May be erected upon the rear lot line of any lot.
d.
May be erected upon the side lot lines of any interior lot but may not extend past the front façade of the primary structure on the same lot as determined by the zoning administrator.
e.
May be erected no closer than ten (10) feet to a "street side" property line of corner lots, provided the corner lot does not back up to an interior lot.
f.
May be erected no closer than 15 feet from a side property line adjacent to a street on corner lots backing up to interior lots.
g.
Shall not be located in front of the primary structure on the same lot unless a special exception is approved by the Zoning Board of Adjustment to allow such enclosure. Wing walls and other walls constructed with the original construction and design of a single family residence shall not require a special exception from the Zoning Board of Adjustment.
2.
Decorative fences:
a.
Decorative fences shall not be walls;
b.
Maximum height shall not exceed four feet;
c.
Solid surface area of any decorative fence shall not exceed 50 percent of the total surface area;
d.
Decorative fences may be erected upon any residential lot line; however, no decorative fence may encroach upon any right-of-way, drainage or access easement, or floodway;
e.
Decorative fences may not be allowed within the visibility triangle;
f.
Decorative fences shall be constructed of wood picket, lattice work, or decorative metal, with or without masonry and/or stone elements; and
g.
Decorative fences shall not be constructed of chain link, barbed wire or similar enclosure materials.
3.
Residential subdivision enclosures (including subdivision entry features):
a.
All residential subdivision enclosures shall be walls or combination of decorative fences as approved by the zoning administrator.
b.
All residential subdivision enclosures shall be constructed with minimum ten-inch by 20-inch brick columns set on piers with a maximum spacing of eight-foot on center. Infill material between brick columns shall be brick, stone, pressure-treated lumber, plaster, iron or other approved material. Unless the infill material is pressure-treated lumber or iron, the first twelve inches from grade shall be cast concrete to provide sufficient support of the infill material above, while accommodating necessary drainage passages at the satisfaction of the City Engineer.
c.
Maximum height of subdivision enclosures shall not exceed eight feet.
d.
Walls enclosing residential subdivisions may be erected along rear property lines and along the side property lines exceeding the required front yard setback; provided that such encroaching structure does not extend into the visibility triangle, and the enclosure does not encroach upon any right-of-way, drainage or utility easements or floodway.
e.
Plans for all residential subdivision enclosures shall be reviewed and approved by the zoning administrator.
F.
Non-residential uses. In non-residential zoning districts, fences, walls and outdoor area enclosures may be erected if in accordance with the following regulations:
1.
Privacy/security enclosures:
a.
Privacy/security enclosures may be fences or walls.
b.
Maximum height shall not exceed eight feet.
c.
May be erected on the rear lot line of any lot, tract or parcel.
d.
May be erected upon the side lot line of any lot, tract or parcel provided that no fence may be erected to extend into the required front building setback area.
e.
No privacy/security enclosure may be erected to encroach upon any visibility triangle, right-of-way, access or drainage easements or floodway.
2.
Decorative fences:
a.
Decorative fence shall not be walls;
b.
Maximum height shall not exceed four feet;
c.
Solid surface area of any decorative fence shall not exceed 50 percent of the total surface area;
d.
Decorative fences may be erected upon any non-residential lot line; however, no decorative fence may encroach upon any right-of-way, drainage or access easements or floodway;
e.
Decorative fences may not be allowed within the visibility triangle;
f.
Decorative fences shall be constructed of wood picket, lattice work, or decorative metal, with or without masonry and/or stone elements; and
g.
Decorative fences shall not be constructed of chain link, barbed wire or similar enclosure materials.
3.
Office business or industrial park or complex enclosure (including entry features):
a.
All enclosures shall be walls. Fences, as defined herein, shall not be allowed.
b.
All enclosures shall be constructed with minimum ten-inch by 20-inch brick columns set on piers with a maximum spacing of ten feet on center. Infill material between brick columns shall be brick, stone, pressure-treated lumber, plaster, iron or other approved material.
c.
Maximum height of all enclosures shall be eight feet.
d.
Walls enclosing nonresidential developments may be erected along rear property lines.
e.
Walls enclosing non-residential developments may be erected upon rear property lines and along the front and side property lines to extend into the required front yard setback; provided that such encroaching structure does not exceed the required two-foot maximum height limit within the visibility triangle, and the enclosure does not encroach upon any right-of-way, drainage or utility easement or floodway.
f.
Allowed only for subdivisions containing four or more lots.
g.
Plans for park or complex enclosures shall be reviewed and approved by the zoning administrator.
4.
Electric Fences. The construction and use of electric fences shall be allowed in the City only as provided in this sub-paragraph:
a.
Location: Electric Fences will be permitted only in commercial and industrial zoning districts;
b.
IEC standard: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76;
c.
Electrification:
(i)
The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However the solar panel may be augmented by a commercial trickle charger.
(ii)
The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.
d.
Perimeter fence or wall: No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet nor more than eight feet in height.
e.
Height: Electric fences shall have a height that does not exceed 10 feet.
f.
Warning signs: Electric fences shall be clearly identified with warning signs that read: "Warning-Electric Fence" at intervals of not less than thirty feet.
g.
Knox box: Electric fences shall have a Knox box installed in a location acceptable to the Police and Fire Departments to de-energize the electric fence or barrier.
h.
Hours: The electric fence must only be energized during hours when the public does not have legal access to the protected property.
i.
Alarm regulation: Electric fences shall be governed, regulated and permitted under Chapter 6 "Alarm Regulations" of the Code of Ordinances of the City of Haltom City, Texas (1998), as amended.
j.
Violation: It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section.
G.
Approved fence materials.
1.
Residential fences and commercial fences abutting residentially zoned property shall be constructed of stone, brick, wood, wood composite, vinyl panel, plaster, open ornamental/tubular metal, landscape hedge, or other building material as approved by the zoning administrator. Residential fences may also be chain link if not located in front of any portion of the primary structure's front façade.
2.
Commercial fences (except where abutting residential uses) shall be constructed of stone, brick, CMU block, pre-cast concrete panel, wood, wood composite, vinyl panel, chain link with or without mesh, chain link with or without vinyl coating, plaster, open ornamental/tubular metal, landscape hedge, metal pipe barrier, chained/cabled bollards.
3.
Commercial fences (except where abutting residential uses) may be constructed of R-panel/metal sheet panel if the property is zoned "M-1" Industrial or "M-2" Heavy Industrial.
H.
Prohibited fence materials.
1.
Electrical fences or electrical attachments of any type designed to administer a shock shall not be constructed within the legal limits of the city except as provided in Section 33.F.4 of this Ordinance.
2.
Permanent barbed wire and razor wire fences of any type or dimension shall not be constructed within the legal limits of the city. Vee arms or base and arms with barbed wire not to exceed three strands will be permitted in all districts except "SF-1," "SF-2," "D," "TH," "MF-1," "MF-2," "MH" or any residential planned development and said attachments shall be considered as part of the fence in determination of the height of said fence and shall not protrude over property lines. The lowest strand of barbed wire shall be a minimum of six feet above ground level.
3.
CMU block walls, R-panel/metal sheet panel, metal pipe barrier, and chained/cabled bollards shall be prohibited in residentially zoned areas and where nonresidential uses abut residentially zoned areas.
4.
Chain-link with plastic, wood, or other slat inserts.
I.
Temporary fences. Temporary fencing for the purpose of protecting or securing of construction sites shall be allowed and must be removed at the completion of the project.
J.
Inspection. When a fence is completed it must be inspected. The office of the building official shall be notified upon completion of the fence. The building official will issue a card of acceptance if the fence complies with the provisions of this ordinance or it will be rejected. All fences constructed under the provisions of the ordinance shall be maintained so as to comply with the requirements of this ordinance at all times.
K.
Existing fences. Any fence constructed prior to enactment or amendment of this ordinance will not be restricted by this ordinance. Any fence constructed at any time on property not within the legal limits of the city, but annexed by the city at a later date will not be restricted by this ordinance, excepting in both cases that any fence reconstruction, modifications, enlargements, extensions, alterations or any construction other than maintenance of said fence as it existed at the time of enactment or amendment of this ordinance or annexation of property containing said fence shall be regulated by this ordinance.
L.
Emergency ingress and egress required. In order to allow ingress/egress of emergency and maintenance personnel and equipment, at least one self-closing and self-latching gate or opening not less than three feet in width shall be required with 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 when the lot frontage is greater than 200 feet, an opening or gate shall be located not more than 200 feet from another opening on the same property.
M.
Double frontage lots. Double frontage lots shall be required to have an opening only on the street used as the frontage for the property.
N.
Property owners' responsibility. The construction of a fence or wall on the property line shall not preclude the owners' responsibility to maintain and keep the following specified areas free and clear of debris and high weeds:
1.
The area between the fence and the extension of the property line to the back of curb or edge of pavement.
2.
The area between the fence and the property line or between parallel fences.
a.
Commercial abutting commercial— The owner of the commercial fence that creates the void between parallel fences shall make accommodations in their fence design to maintain the void between parallel fences.
b.
Commercial abutting residential— The owner of the commercial property shall make accommodations in their fence design to maintain the void between parallel fences.
c.
Residential abutting residential— The owner of the residential fence that creates the void between parallel fences shall make accommodations in their fence design to maintain the void between parallel fences.
O.
Maintenance offences.
1.
The owner or any person who has a fence shall be responsible for maintaining the fence in a neat and functional condition.
2.
All portions of fences in a dilapidated state must be repaired or replaced by the owner(s) of the fence. A dilapidated fence is defined as any 8-foot horizontal section of a fence that is more than 15 degrees out of vertical alignment or that has 10 percent of its pickets or structural components damaged, missing, rotted, or destroyed.
P.
Mow Strip. Excluding support posts, a minimum clearance of 2" shall be provided between fences and the finished grade to allow natural drainage flow. The City Engineer may require a higher clearance when necessary to allow drainage flow under the fence. Fences (walls) with continuous support footers shall provide openings to convey drainage flow as determined to be adequate by the City Engineer.
(Ord. No. O-2012-013-15, § 1, 8-27-12; Ord. No. O-2015-007-15, § 1, 6-8-15; Ord. No. O-2017-002-15, §§ 1, 2, 2-13-17)