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HomeMy Public PortalAboutOrdinance No. 1348-18 05-14-2018CITY OF RICHLAND HILLS ORDINANCE N0.1348-18 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING CHAPTER 91, SCREENING AND FENCING ORDINANCE, ARTICLE I, FENCING, SECTION 91-100, SCREENING AND FENCING, BY PROVIDING A PERMIT REQUIREMENT, RAISING THE MAXIMUM ALLOWABLE HEIGHT, AND REQUIRING SPECIFIC MATERIALS BE USED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that the current ordinance regulating screening and fencing should be amended, clarified, and strengthened; and WHEREAS, the City Council finds that strengthened regulations addressing screening and fencing to be in the best interest of the health, safety and welfare of the citizens of Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The Code of Ordinances of the City of Richland Hills is amended by amending Chapter 91, Screening and Fencing Ordinance, Article I, Screening and fencing, Section 91-100, Screening and fencing, Sec. 91-100(a) General, to add subsection (a)(4) to read as follows: (4) 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 tall (30"). Exceptions -Where repairs and replacements are of the same fence material, fence height, and fence location, the following exceptions are allowed: a. A permit shall not be required to repair or replace less than 50 linear feet 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 SO linear feet within any two year time period. SECTION 2. The Code of Ordinances of the City of Richland Hills is amended by amending Chapter 91, Screening and Fencing Ordinance, Article I, Screening and fencing, Section 91-100, Screening and fencing, Sec. 91-100(c) Fences in residential areas to read as follows: (1) Height. Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet in height. (2) Location. a. Except as provided by subsection (c)(2)a.l. below, no fence or wall shall be permitted in front of any single-family or duplex structure. 1. Decorative fences with openings not less than 50 percent of the fence area and not exceeding three feet in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing. b. No fence shall be erected in any required side yard that is adjacent to a public street. c. No residential fence shall be closer than 20 feet to a public street except in cases where the side or rear building line of the yards on contiguous corner lots adjoin, the fence may be constructed out to the property line of said side yard. (3) Materials. Any residential fence shall be constructed of masonry, wrought iron, cedar wood, treated pine, or vinyl materials that produce a similar appearance. Fence posts shall be 16 gauge metal and include metal caps and placed in concrete footings. (4) Vehicular access gates. Gates designed for vehicular access shall be set back from the property line a minimum of 20 feet. (5) Residential chain link, barbed wire, and electrical fences prohibited. a. Chain link fencing shall be prohibited in residential areas, except that they shall be allowed in locations that are not visible from any public street or any fence necessary for an agricultural use. b. Barbed wire or electrical fencing shall be prohibited, except as used for farm or ranching purposes on undeveloped land over one acre in size. (6) Special fences. a. Special fencing, such as fencing around tennis courts, is permitted. b. Fences around swimming pools shall comply with the city's building code. (7) Sight visibility. a. Setback clearance zone. Rigid compliance with these screening and fencing requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Screening or fencing within the triangular visibility area shall be designed to provide unobstructed cross- visibility at a level between 30 inches and eight feet. The triangular areas are: 1. The areas of property on both sides of the intersection of an alley accessway and public right-of-way shall have a triangular visibility area with two sides of each triangle being a minimum of 15 feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides. b. Corner properties. The areas of property located at a corner formed by the intersection of two or more public rights-of-way (or a private driveway onto a public road) shall have a triangular visibility area with two sides of each triangle being a minimum of 25 feet in length along the right-of-way lines (or along the driveway curb line and the road right-of-way line) from the point of the intersection and the third side being a line connecting the ends of the other two sides. c. Proximity to accessways and driveways. Screening or fencing shall not be located closer than three feet from the edge of any accessway pavement or driveway. d. Reduction to remove visibility obstruction. In the event that other visibility obstructions are apparent in the proposed plan, as determined by the zoning administrator, the requirements set forth herein may be reduced to the extent to remove the conflict. SECTION 3. That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such other Ordinances on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. SECTION 5. That all rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the Ordinance governing screening and fencing which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. That it is hereby declared to be the intention of the City Council of the City of Richland Hills that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 7. The City Secretary of the City of Richland Hills is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper at least once within ten (10) days after the passage of this ordinance. SECTION 8. That this Ordinance shall be in full force and effect from and after its date of passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED ON THIS 14`h DAY OF MAY, 2018 HONORABLE EDWARD LOPEZ, MAYOR ATTEST: CATHY BO G, CITY SEC TARY APPROVED A - M AND LEGALITY: BETSY EC~AM.~.C ORNEY \\````N~u~*ui~r~ii;i _~' ' ~.. C~ `''~ ,' _ ~ `~` ~nnnin~ Sec. 91-100. -Screening and fencing. (a) General. (1) Purpose. It is the purpose of this article to provide standards for screening in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and private investment. It is also the intent of this section to provide for the safe construction and maintenance of walls and fences constructed in the city. (2) Applicability. This article shall be applicable to all new construction or where 50 linear feet or more of an existing screening, fence, or wall requires replacement. (3) Enforcement. The zoning administrator shall administer and enforce the provisions of this article relating to screening and fencing. (4) 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 tall (30"). Exceptions -Where repairs and replacements are of the same fence material, fence height, and fence location, the following exceptions are allowed: a. A permit shall not be required to repair or replace less than 50 linear feet 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 linear feet within any two year time period. (b) Screening and fencing of nonresidential, multiple family, and manufactured home parks. (1) Screening required. In the event that mixed use, multiple-family, nonresidential uses, or manufactured home parks side or back upon a SF-E Single-Family Residential Estate, SF-10 Single-Family Residential, SF-7 Single-Family Residential, or MF-1 Two-Family (Duplex) Residential District, or in the event that any nonresidential district sides or backs to a MF-2 Multiple-Family Residential Medium Density or MF-3 Multiple-Family Residential High Density District, a solid masonry screening wall of not less than six feet nor more than eight feet in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties. a. The owner of the multiple-family or mixed use property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the Single-Family or Duplex Residential District. This construction requirement applies only when multiple-family is adjacent to residential uses. b. When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall. (2) Materials a. Any screening wall or fence required under the provisions of this section, under a specific use permit, Planned Development District, or other requirement shall be constructed of masonry, reinforced concrete, or vinyl material simulating wood or masonry. Wood fences are expressly prohibited. b. Nonresidential fences that are not required by ordinance but that are visible from public right-of-way shall be constructed of masonry, reinforced concrete, or vinyl material that simulates wood or masonry. Wood fences are expressly prohibited. c. All required screening walls shall be equally finished on both sides of the wall. d. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence. (3) Open storage. Open storage of materials, commodities, or equipment shall be screened with a minimum six-foot fence or wall. a. In districts permitting open storage (see section 3.02 Use Chart of the zoning ordinance), screening shall be required only for those areas used for open storage, unless the screening exception in subsection (3)c., Screening Exception below applies. Asix-foot screening fence or wall shall be provided and maintained (at the property line adjacent to the area to be screened) by one or a combination of the following methods: Solid masonry (brick, concrete block or concrete panels); 2. Chain link with solid landscape screening; 3. Wrought iron with solid landscape screening. b. No outside storage may exceed the height of the fence. Outside storage exceeding eight feet shall require a specific use permit. No outside storage permitted in the front yard. c. Screening exception. Unscreened open storage is only permitted within the rear yard of properties within the I Industrial District and is not permitted within side yards or within 60 feet of a residential use. (4) Refuse storage. Refuse storage areas, not within a screened rear service area that are visible from a public right-of-way for all nonresidential, multiple-family and manufactured home park uses shall be visually screened by a six-foot solid masonry wall on all sides except the side used for garbage pickup service, such side shall provide a gate. (5) Mechanical equipment. All nonresidential uses shall screen all mechanical, heating and air conditioning equipment from public view and/or adjacent residential property. Public view is considered any area that can be seen from a public street. (6) Nonresidential barbed wire fences prohibited. Barbed wire, razor wire, and concertina wire fences are prohibited in the city. a. Exception. Barbed wire strands may be placed on top of permitted fences and screening around public utilities facilities (such as substations and transformer stations) or as part of security devices for the restrain of persons being detained by the city or other governmental law enforcement agency for criminal violations. (c) Fences in residential areas. (1) Height. Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet in height. (2) Location. a. Except as provided by subsection (c)(2)a.1. below, no fence or wall shall be permitted in front of any single-family or duplex structure. 1. Decorative fences with openings not less than 50 percent of the fence area and not exceeding three feet in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing. b. No fence shall be erected in any required side yard that is adjacent to a public street. c. No residential fence shall be closer than 20 feet to a public street except in cases where the side or rear building line of the yards on contiguous corner lots adjoin, the fence may be constructed out to the property line of said side yard. (3) Materials. Any residential fence shall be constructed of masonry, wrought iron, cedar wood, treated pine, or vinyl materials that produce a similar appearance. Fence posts shall be 16 gauge metal and include metal caps and placed in concrete footings. (4) Vehicular access gates. Gates designed for vehicular access shall be set back from the property line a minimum of 20 feet. (5) Residential chain link, barbed wire, and electrical fences prohibited. a. Chain link fencing shall be prohibited in residential areas, except that they shall be allowed in locations that are not visible from any public street or any fence necessary for an agricultural use. b. Barbed wire or electrical fencing shall be prohibited, except as used for farm or ranching purposes on undeveloped land over one acre in size. (6) Special fences. a. Special fencing, such as fencing around tennis courts, is permitted. b. Fences around swimming pools shall comply with the city's building code. (7) Sight visibility. a. Setback clearance zone. Rigid compliance with these screening and fencing requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Screening or fencing within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between 30 inches and eight feet. The triangular areas are: 1. The areas of property on both sides of the intersection of an alley accessway and public right-of-way shall have a triangular visibility area with two sides of each triangle being a minimum of 15 feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides. b. Corner properties. The areas of property located at a corner formed by the intersection of two or more public rights-of-way (or a private driveway onto a public road) shall have a triangular visibility area with two sides of each triangle being a minimum of 25 feet in length along the right-of-way lines (or along the driveway curb line and the road right-of-way line) from the point of the intersection and the third side being a line connecting the ends of the other two sides. Proximity to accessways and driveways. Screening or fencing shall not be located closer than three feet from the edge of any accessway pavement or driveway. Reduction to remove visibility obstruction. In the event that other visibility obstructions are apparent in the proposed plan, as determined by the zoning administrator, the requirements set forth herein may be reduced to the extent to remove the conflict. (d) Waiver. The city manager is authorized to grant a waiver to these requirements if necessary to result in a higher quality development and/or to carry out the recommendations of the comprehensive plan.