§ 36. Fencing, walls and screening requirements.

36.1

Purpose. To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.

36.2

Screening of nonresidential, multifamily areas and manufactured home parks.

A.

In the event that any new multifamily, nonresidential uses, or manufactured home parks side or back upon a single-family, two-family or residential PD district, or in the event that any nonresidential district sides or backs upon a multiple-family district, an engineered solid brick/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.

1.

The owner of the multifamily or manufactured home 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.

2.

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.

3.

Any screening wall or fence required under the provisions of this section or under a specific use permit, planned development district, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

4.

Alternative equivalent screening may be approved through the process of approving the required applicable plan (refer to section 12).

B.

In nonresidential, multifamily and manufactured home districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area (particularly if the residence has, or could have, a back yard fence that would be exposed to view from the street if the required screening wall were not extended out to the street right-of-way line). In this case, the screening fence/wall shall be extended out to the street right-of-way line by the developer of the nonresidential, multifamily or manufactured home development, and the fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the main buildings (except for a manufactured home park). Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential, multifamily or manufactured home development (see section 34.7 for sight visibility requirements).

C.

See section 34.7 for sight visibility requirements for fences and screening walls.

D.

Open storage of materials, commodities or equipment (see section 32.2, use charts, for zoning districts permitting outside storage) shall be screened with a minimum six-foot fence or wall, and shall not be visible from the street or from adjacent property. (See definition of outside storage in section 44.)

E.

In districts permitting open storage, screening shall be required for those areas used for open storage. No outside storage may exceed the height of the fence. Outside storage exceeding eight feet shall require a specific use permit. A six-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:

1.

Solid masonry (brick, concrete block or concrete panels).

2.

Wrought iron with solid landscape screening.

3.

Alternate equivalent screening may be approved through the approval process for the required applicable plan (refer to section 12).

F.

Refuse storage areas (including all dumpsters) which are not within a screened rear service area and which are visible from a public right-of-way for all nonresidential, single-family attached, multifamily and manufactured home park uses shall be visually screened by a minimum six-foot solid masonry wall on at least three sides (see illustrations 36-1 and 36-2 for refuse container enclosure diagrams). The fourth side, which is to be used for garbage pickup service, shall provide a gate to secure the refuse storage area and contain loose trash. Dumpsters located within a fenced area behind the front building line may be screened using wooden fencing, chain link with screening cloth or slats or with landscaping. Alternate equivalent screening methods may be approved through the required applicable plan approval process, section 12. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading, as per illustration 36-1.

G.

Plans and specifications for screening and/or fencing around ground-mounted utility structures (e.g., transformers, natural gas regulating stations, etc.) shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the municipal development department for review and approval prior to construction of said screening/fencing.

36.3

Fences in residential areas.

A.

All new single-family residential construction including townhouse developments shall be required to erect an approved fence encompassing the entire rear yard as a condition of approval of the final inspection and issuance of the certificate of occupancy.

Exceptions: No fences shall be erected within certain easements, such as, access, drainage or maintenance easements as specified in the subdivision regulations, as adopted or amended.

B.

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet in height.

C.

Except as provided by [subsection] 1. below, no fence or wall shall be permitted within the required front yard of any single-family or duplex residential lot that is adjacent to a public street. No residential fence shall be closer than 15 feet to a public street except in cases where the side building line of the yards on continuous corner lots adjoin, the fence may be constructed out to the property line of said side yard such that the street side yard may be included as part of the lot's back yard area.

1.

Decorative fences with openings not less than 50 percent of the fence area and not exceeding four feet in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing.

2.

Decorative ornamental iron fencing may be constructed up to six feet in height within the front yard only in the AG zoning district, and only on lots exceeding one acre in size in other districts. Such fences shall have openings not less than 50 percent of the fence area, and shall not interfere with traffic visibility (see subsection 34.7).

D.

It shall be unlawful for any owner or person in control of such premises, or his agent or contractor to construct a new fence, extend an existing fence line on any lot without having first obtained a fence permit from the municipal development department. The repair or replacement of fence material already in existence shall be deemed normal routine maintenance and does not require a permit.

E.

Gates designed for vehicular access and all garage doors shall be set back from the property line a minimum of 25 feet.

F.

Fences around swimming pools shall comply with the Standard Swimming Pool Code and the City of Terrell's codes/ordinances pertaining to same.

G.

See section 34.7 for sight visibility requirements for fences and screening walls.

H.

Special purpose fencing, such as fencing around tennis courts, is allowed only upon issuance of a permit from the city. The maximum height of such fencing shall be 12 feet.

36.4

Prohibited fences and materials.

A.

No fence or any part of such fence shall be constructed upon or caused to protrude over any adjacent properties. If any fence is constructed on an adjacent property, the owner or person in control of such premises will be notified by mail to remove the fence. After ten days of the receipt of the notification, if the fence is not removed the owner or person in control of such premises, will be deemed in violation of this ordinance.

B.

No fence or any part of such fence shall alter the natural drainage or planned drainage on any lot.

C.

All fences must be maintained in a plane so as not to overhang on a separate lot.

D.

No fence shall be located within any easement or alleys except by prior written approval of those agencies having interest in such easement.

E.

No fence shall be electrically charged.

F.

Materials prohibited are products such as wood, metal or plastic that is not specifically designed as fencing material. These products include aluminum, barbed wire, chain, chicken/hog wire, corrugated metal, electric fence, fiberglass panels, metal panels, netting, paneling, paper, plywood, razor ribbon wire, rope, string, temporary barrier fencing, used or second-hand material, welded wire fabrics, wire fabrics and any material that could be deemed a public safety hazard.

G.

Exceptions: Barbed wire is permitted for fencing when:

1.

Used for farm or ranching purposes on undeveloped land over three acres in size.

2.

In rear and side yards in industrial zoned districts when the following conditions are met:

a.

All strands of barbed wire must be a minimum of six feet above ground level.

b.

All barbed wire fences must be located a minimum of 300 from any residential zoned districts.

Illustration 36-1: Refuse Containers - Access and Enclosure

Illustration 36-2: Typical Refuse Container Screening Gate