Item 6BM E M O R A N D U M
July 9, 2008
To:
Shana Yelverton, City Manager
From:
Ken Baker, AICP, Director of Planning and Development
Services
Subject:
Ordinance No. 480-UUU, amendments to the
Comprehensive Zoning Ordinance No. 480, as amended, as
it pertains to fencing and screening regulations.
Action
Requested:
1)Conduct public hearing.
2) Consider approval of the second reading of proposed
Ordinance No. 480-UUU.
Background
Information:
In an effort to consolidate and clarify fencing and screening
regulations for residential and non-residential properties,
staff is recommending the following changes:
Section 33 (Supplementary District Regulations)
a. Remove all fencing and screening regulations and refer
to Section 39 (Screening and Fencing) where necessary.
Section 42 (Bufferyards)
a. Revise section 42.7, Required Structures in Bufferyards,
to require an 8’ opaque fence in F1 bufferyards and an 8
foot masonry fence in F2 bufferyards. As currently
written, fences and walls in F1 and F2 bufferyards must
be 6 feet in height.
Section 39 (Screening and Fencing)
a. Expand the Screening Section to include Fencing
Regulations.
b. Insert relevant regulations that will be deleted from
Sections 33 and 42.
c. Add a subsection on fencing standards.
d. Add a subsection on bufferyards.
e. Add a subsection on fencing along arterials and
collectors adjacent to residential districts.
f. Add a subsection on fencing along arterials and
collectors adjacent to non-residential districts and change
the requirements for screening where a non-residential
use abuts a residential use.
g. Insert a new subsection for fence maintenance
requirements.
Sections 37, 43, 47 and 49
a. Change all references from “Section 39 Screening” to
“Section 39 Screening and Fencing”.
Financial
Considerations:
None
Citizen Input/
Board Review:
A public hearing was held prior to the recommendation for
approval made by the Planning and Zoning. No public
comments were received. A public hearing will be held prior
to any second reading consideration by the City Council.
Citizen comments will be received at that time.
Legal Review:
This ordinance is being reviewed by the City Attorney.
Alternatives:
1)Approve as presented.
2) Approve with modification.
3)Deny the request.
Supporting
Documents:
The proposed ordinance amendments are attached.
Staff
Recommendation:
Approve the ordinance as proposed.
P & Z Action:
June 19, 2008; Approved (4-0) subject to changing “wood
fence” in Section 42.7 to “opaque fence meeting the material
requirements in Section 39.2.b” and adding “ornamental
metal” in Sections 39.2.b, 39.5.d.4 and 39.6.g.1.
Council Action:
July 1, 2008; Approved (5-0) first reading on consent.
ORDINANCE NO. 480-UUU
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; PERTAINNIG TO FENCING AND SCREENING
REGULATIONS ON PROPERTIES WITHIN THE CITY OF
SOUTHLAKE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Southlake, Texas 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 has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the city; and
WHEREAS,
the city council has determined that it is appropriate and in the best
interest of the city to promote the public health, safety, and general welfare of its
residents by amending Ordinance No. 480 as provided herein; and
WHEREAS
, the city council has given published notice and held public hearings
with respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance
Section 33, Supplementary District Regulations, is hereby amended as follows:
33.2 FENCES - Refer to Section 39 for fencing and screening requirements.
33.3 DELETED IN ITS ENTIRETY BY ORDINANCE NO. 480-UUU.
33.8 APPENDICES – Remove “j”, Fence Maintenance Ordinances.
SECTION 2
Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance
Section 42, Bufferyards, is hereby amended as follows:
42.7 REQUIRED STRUCTURES
a. Fences- F1: An 8’ opaque fence meeting the material requirements in
Section 39.2b.
a. Masonry Wall – F2: An 8’ masonry wall meeting the material
requirements in Section 39.2b.
c. Hedges - H1: A hedge of plants obtaining a mature height greater
than three feet (3'). When planted, this hedge shall be a minimum of
two feet (2') in height and planted no further than thirty inches (30") on
center.
d. Berms - B1: A berm having a minimum height of three feet (3') and
maximum 3:1 side slopes may be substituted for the Hedge - H1
when adequate bufferyard width (minimum 20' width) is provided.
Illustration B, “Illustration of Required Structures” – Removed.
SECTION 3
Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance
Section 37, Downtown District, Section 43, Overlay Zones, Section 47, Transition Zoning
District, and Section 49, Employment Center Zoning District, are hereby amended as
follows:
Change all references to “Section 39 Screening” to read “Section 39 Screening and
Fencing”.
SECTION 4
Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance
Section 39, Screening, of Ordinance No. 480, is hereby to amended to “Section 39,
Screening and Fencing”, and further amended as follows:
SECTION 39
SCREENING AND FENCING
(As amended by Ordinance No. 480-HH)
(As amended by Ordinance No. 480-LL)
(As amended by Ordinance No. 480-UU)
(As amended by Ordinance No. 480-UUU)
39.1 GENERAL - Except as otherwise provided in this ordinance, fences, walls,
and hedges may be permitted in any zoning district, in any required yard, or
along the edge of any yard as a screening, decorative or containment
element not to exceed eight (8) feet in height, provided the following shall be
observed:
a. At Intersections - On a corner lot in any district, nothing shall be erected,
placed, planted, or allowed to grow except in accordance with the site
triangle provision as defined in the Subdivision Ordinance No. 483 as now
existing or hereafter amended.
b. At Interior Lots - On an interior lot in any district nothing shall be erected,
placed, planted or allowed to grow in such a manner as to impede vision or
in any way create a traffic hazard to motorists, whether the impediment
includes entering or exiting any public highway, street, alley, or private
street or driveway from or to adjacent private property.
39.2 FENCING STANDARDS
a. Fencing, as herein referred, shall mean any construction or hedge greater
than thirty (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 restraining wall for the purpose of retaining soil are not
classified as a fence.
b. Acceptable materials for fencing and decorative posts include but are not
limited to: brick, stone, masonry; synthetic materials; natural and treated
woods; ornamental metal or wrought iron; decorative aluminum or metal
having a factory applied non-metallic matte finish.
(1) PVC and other synthetic materials used for both residential and
commercial fencing applications shall meet the minimum quality
standards set forth in the ordinance.
(2) Accept as otherwise required by this ordinance, chain link shall
only be permitted in AG, SF-1A, SF-1B, SF-2, SF-20A, SF-20B,
SF-30, RE, CS, I-1, I-2, and B-2 zoning districts.
(3) Corrugated metal panels or materials having similar properties
shall not be permitted.
c. Barbed wire fences may be used without restrictions when in conjunction
with agricultural and related activities; provided, however, no barbed wire
fence shall be located on any platted property which is zoned for single
family residential use.
d. Electric fences and fence charging devices (UL approved only) are allowed
only in conjunction with agricultural and related activities for the purposes
of containing horses and livestock, or for the security of crops grown on
the premises, and shall be plainly labeled for ease of identification.
39.3 SCREENING STANDARDS
a. Screening, as herein referred, shall mean a fence, wall, dense
evergreen hedge or other device which is opaque, made of durable
material, and without holes, penetrations, or other openings other than
those required for passage, and which is designed to prevent persons
from seeing through.
b. A screening device may be constructed solely of masonry, wood, or
concrete, in combination with each other or with a metal frame.
c. Any dense hedge or plant material may be used as screening provided
it is landscaped and is properly maintained in a healthy growing
condition.
d. Landscaped earth berms may be used as screening when approved
by the Administrative Official.
e. A screening device shall be eight (8) feet in height unless otherwise
specifically permitted or required by this ordinance, or unless approved
as a variance by the City Council in its consideration of a concept plan,
development plan, site plan or a specific use permit or unless
otherwise approved by the Board of Adjustment. The height of a
screening device shall be the vertical distance between the ground and
the top of the device. (As amended by Ordinance No. 480-HH.)
f. All mandatory or permissive screening shall be erected and maintained
so as not to interfere with or obstruct the view of traffic or constitute a
traffic hazard on any public or private street, alley or driveway.
g. A chain link fence with slat inserts shall constitute an acceptable
screening device only for properties zoned B-2, I-1 and I-2 which are
not located adjacent to a residentially zoned lot, tract or lot having an
occupied residential dwelling, and are not located adjacent to street
rights-of-way. (As amended by Ordinance No. 480-HH.)
h. Where the screening requirements prescribed by this section are in
conflict with screening requirements which have been established by
other provisions of this ordinance, the more stringent requirements
shall apply. (As amended by Ordinance No. 480-HH).
39.4 BUFFERYARDS
a. Walls and Fences within Bufferyards – Whenever a wall or fence is
required within a bufferyard, it shall be eight feet (8’) in height and
constructed in accordance with the specifications and designs set forth
in Section 42.7a. A “finished” side of a wall or fence shall face the
residential or less intense use.
39.5 RESIDENTIAL DISTRICTS
a. Multi-family dwelling uses shall be screened from view of any adjacent
single family residential lot or use by a screening device located along
the side and rear property lines of such multi-family use to a height of
eight (8) feet.
b. Non-residential uses in a residential district shall be screened from
view of any adjacent residentially zoned lot or tract or lot having an
occupied residential dwelling by a screening device located along the
side and rear property lines of such non-residential use to a height of
eight (8) feet. (As amended by Ordinance No. 480-HH.)
c. Where a perimeterscreening wall or fence is erected between any
residential subdivision and any public right-of-way, the following
requirements shall apply (As amended by Ordinance No. 480-HH.):
(1) No new fence or screening wall (which is parallel to,
perpendicular to, approximately parallel to, or approximately
perpendicular to an existing subdivision screening wall or fence)
erected after the effective date of this ordinance shall be erected
to a height which exceed the height of the subdivision screening
wall or fence.
(2) Where a developer or homeowners’ association of an existing
subdivision constructs a wrought iron or other similar non-opaque
fence adjacent to any thoroughfare, no screening wall or fence
shall be erected after the effective date of this ordinance within
the required side or rear yard which is parallel to such wrought
iron or similar non-opaque fence.
(3) No existing screening wall or fence shall be repaired, extended or
modified unless such repairs, extensions, or modifications are
done in a manner consistent with the color, material, or character
of the existing screening wall or fence, and any such extension
occurs along the entire length of such screening wall or fence,
including where such screening walls or fences may be
interrupted by streets, alleys, or other access ways.
(4) Where fences are provided or required along S.H. 114, F.M.
1709, F.M. 1938 (Davis Boulevard and Randol Mill Avenue
designated as future F.M. 1938 per approved Master
Thoroughfare Plan) and portions of Carroll Avenue subject to the
Corridor Overlay District shall comply with the Architectural
Fencing requirements of the Corridor Overlay District (Section
43.9(c)1(f). All other fences provided or required along arterials or
collectors as designated on the Master Thoroughfare Plan shall
meet the following requirements: (As amended by Ordinance No.
480-UUU)
i) The fence shall be constructed of masonry, ornamental
metal or wrought iron, stained cedar board-on-board with
cap and masonry columns with a maximum of 14 feet from
column center to column center, or some combination of the
above, if approved by the Administrative Official.
ii) For platted subdivisions, the fence shall be consistent in
material and color for the entire length of the fence that is
adjacent to the subdivision.
39.6 NON-RESIDENTIAL DISTRICTS
a. Where a non-residential use abuts a residentially zoned lot or tract or
lot having an occupied residential dwelling, a solid fence meeting the
material standards of Section 39.2(b) shall be erected along the side
and rear property lines abutting said residential lot or dwelling to a
height of eight (8) feet. Where the district boundary dividing a non-
residential district from a residential district is along a street or alley,
and an automobile parking lot or parking area is located in the front
yard of the non-residential use, the said parking lot or parking area
facing the residential lot shall be suitably screened to a height of not
less than three and one-half (3 ½) feet. A variance to this section may
be approved by the City Council during its review of any concept plan,
development plan, or site plan requiring review by the Planning and
Zoning Commission and approval by the City Council, or by the Board
of Adjustment for all other concept plans, development plans, or site
plans. (As amended by Ordinance No. 480-UUU.)
b. All screening devices shall be properly maintained in perpetuity by the
owner of property with non-residential uses. Failure of the owner to
maintain the screening device shall constitute a violation of this
ordinance. (As amended by Ordinance No. 480-HH.)
c. Outside storage of trash/recycling receptacles or any garbage, refuse
and trash/recycling collection and storage areas shall be at the side or
rear of the building, shall be totally encircled or screened by fence,
planting or other suitable visual barrier six feet (6') in height and shall
have a metal door which shall remain closed at all times.These areas
or receptacles shall not encroach into any required bufferyard. (As
amended by Ordinance No. 480-HH.)
d. Where a non-residential use abuts an existing residential screening
wall or fence and a written agreement is executed between the
developer and residential property owner, it shall be deemed the intent
of this ordinance to allow the residential screening wall or fence to
satisfy that portion of Section 39.6.b. above (relating to side and rear
yard screening) as long as said screening device is maintained in good
repair. Should the screening device be destroyed by more than 50% of
its fair market value at the time of destruction, then the owner of the
nonresidential property shall construct a new solid fence meeting the
material standards of Section 39.2(b), which meets the requirements of
Section 39.6b. (As amended by Ordinance No. 480-HH.)
e. Off-street loading areas shall be adequately screened from view of
any residentially zoned lot or tract or lot having an occupied
residential dwelling or of any other adjacent land use. (As amended
by Ordinance No. 480-HH.)
f. Where fences are provided or required along S.H. 114, F.M. 1709,
F.M. 1938 (Davis Boulevard and Randol Mill Avenue designated as
future F.M. 1938 per approved Master Thoroughfare Plan) and the
portions of Carroll Avenue subject to the Corridor Overlay District shall
comply with the Architectural Fencing requirements of the Corridor
Overlay District (Section 43.9(c)1(f). All other fences provided or
required along arterials or collectors as designated on the Master
Thoroughfare Plan shall meet the following requirements: (As
amended by Ordinance No. 480-UUU)
(1) The fence shall be constructed of one of the following:
masonry,
ornamental metal or wrought iron,
stained cedar board-on-board with cap and masonry
columns with a maximum of 14 feet from column center
to column center, or
some combination of the above, if approved by the
Administrative Official.
(2) For platted subdivisions, the fence shall be consistent in
material and color for the entire length of the fence that is
adjacent to the subdivision.
39.7 OUTSIDE STORAGE SCREENING
a. All areas used for primary and ancillary outdoor storage and the
associated method of screening shall be indicated on an approved
site plan, development plan or concept plan along with scaled
elevation drawings indicating the type of screening and materials
proposed to be utilized.
b. The primary outdoor storage of living plant material stored on the
ground is not subject to the screening requirements in Section 39. All
equipment, tools, vehicles, etc. associated with the upkeep and
maintenance of the living plant material that are stored outdoors are
subject to the screening regulations of Section 39 and Section
43.9.c.4, if applicable.
c. A periodic market held in an open area, such as a farmers' or flea
market, where groups of individual sellers offer goods for sale are not
subject to the outdoor storage regulations in Section 39.
d. General construction activities are not subject to the outside storage
regulations in Section 39.
e. Outdoor storage areas shall not be located forward of the principal
building and when possible, shall be located at the side of the building
not facing a public street. (See Exhibit 43-F)
f. Outdoor commercial displays as permitted by Section 34 are
exempted from the requirements herein.
g. Primary Outdoor Storage shall be screened with a Type III screening
device unless the items stored are otherwise exempted from
screening requirements of this Section.
39.8 FENCE MAINTENANCE REQUIREMENTS - A fence or fences shall be
maintained by the owner of the property in compliance with the requirements
of the currently adopted Property Maintenance Code and with the
requirements of this section including but not limited to the following
maintenance standards: (As amended by Ordinance 480-UUU.)
a. A fence more than four (4) feet in height shall not be out of vertical
alignment more than one (1) foot from the vertical measured at the top
of the fence. A fence four (4) feet or less in height shall not be more
than six (6) inches from the vertical measured at the top of the fence.
b. The owner shall replace broken, damaged, removed or missing parts
of a fence within ten (10) days upon receipt of notice from the City
with the same material, or material with comparable composition,
color, size, shape and quality of the original fence to which the repair
is being made. The Administrative Official may, upon written notice
from the owner that unusual circumstances prevent the timely repair
of a fence, extend the replacement time as required. The
Administrative Official shall not extend the replacement time longer
than reasonably necessary. The owner requesting a replacement time
extension shall provide the Administrative Official a written scope and
schedule detailing materials and estimated time period of the
completed replacement for approval.
c. A fence not required by a specific order of the city council, by city
ordinance, or by building code, may be completely removed within the
10 day period rather than repaired.
d. A fence shall be maintained in sound structural condition.
e. The property owner shall maintain fences, including those existing
prior to the adoption of this section, at all times in a state of good
repair, safe and secure condition, with all braces, bolts, nails,
supporting frame and fastenings free from deterioration, termite
infestation, rot, rust or loosening, and able to withstand at all times the
wind pressure for which they were designed.
f. Property owners shall regularly paint fence supports, gates, structural
members and exterior surfaces that are covered with paint to prevent
rusting, peeling or blistering surfaces.
g. Property owners shall not maintain graffiti, writings and other symbols
on a fence except for those which are permitted as signs under Sign
Ordinance 704, as amended.
h. Existing fences that were constructed prior to the adoption of this
section that were constructed with materials not currently permitted by
this section may be maintained as long as no part of the fence is or
becomes unsafe, dilapidated, or a public nuisance. If the
Administrative Official determines the existing fence is unsafe,
dilapidated, or a public nuisance the fence must be repaired with
materials approved by this section or removed. The repairs must be
made in complete sections extending a minimum of support post to
support post. If the Administrative Official determines the extent of
repair on any existing fence (materials in non-compliance) is in excess
of fifty (50) percent of the linear length of the total fence or more than
a combined 100 linear feet then the entire fence must be replaced
with materials approved by this section.
i. The construction of a fence or wall on the property line shall not
preclude the property owner’s responsibility to maintain and keep the
area defined between the property line to the back of curb or edge of
the pavement free and clear of debris and high weeds.
SECTION 5
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 6
It is hereby declared to be the intention of the City Council 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 shall 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 and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7
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 Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 8
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 480, as amended, or any other
ordinances affecting zoning yard regulations 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 9
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof.
SECTION 10
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least fifteen (15) days before the second
reading of this ordinance, and if this ordinance provides for the imposition of any penalty,
fine or forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance or its caption and penalty in the official City
newspaper one time within ten days after final passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 11
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the ___ day of _________, 2008.
_____________________________
MAYOR
ATTEST:
_____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of _____, 2008.
_____________________________
MAYOR
ATTEST:
_____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________