2008-008-ORD-ADDING NEW CHAPTER 11.5 ENTITLED FENCE REGULATIONS TO THE CODE OF ORDINANCESORDINANCE N0. 2008-008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, ADDING A NEW CHAPTER 11.5 ENTITLED FENCE
REGULATIIONS TO THE CODE OF ORDINANCES OF THE CITY OF
PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas created a Code Enforcement
Task Force made up of three (3) City Council members and fourteen (14) interested citizens from
the City of Paris to review and study various issues affecting the cleanliness and appearance of
the City of Paris; and
WHEREAS, at regular meetings of the Code Enforcement Task Force in January,
February and March, 2008, the Task Force reviewed, discussed, and developed proposed
regulations addressing fencing and screening devices in the City of Paris and has recommended
that these regulations be adopted by the City Council and added as Chapter 11.5, Fence
Regulations, to the Code of Ordinances of the City of Paris; and,
WHEREAS, the City Council having reviewed the recommendations of the Task Force
for adding a new Chapter 11.5, Fence Regulations, to the City Code of Ordinances hereby finds
and determines that the changes recommended below are in the best interest of the City of Paris
and its citizens and should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That a new Chapter 11.5 of the Code of Ordinances of the City of Paris,
Texas, be, and the same is hereby established to read as follows:
"CHAPTER 11.5 FENCE REGULATIONS
"Sec. 11.5-1. Definitions
(a) Average grade. The average point between the lowest point of elevation of
the finished surface of the ground, paving, or sidewalk and the highest point.
(b) Chain Link Fence. A fence structure made of metal fence fabric attached to
galvanized or wooden posts in an approved and workmanlike manner.
(c) Chief Building Official. The chief building official of the City of Paris or
his designee.
(d) Corner Property. 1) Property which abuts an alley, parking lot, or driveway
and a street. 2) Property which abuts two streets. 3) Property whose common lot
line between two or more adjacent properties form different yards.
(e) Electrical Fence. A barrier that uses painful or even lethal high-voltage
electric shocks to deter animals or people from crossing a boundary.
(f) Fence. A structure or hedge serving as an enclosure, barrier, or boundary
made of either metal, wire, naturally durable wood, treated wood, synthetic
material, or plant material as defined herein. A fence shall not include equipment
screening devices as may be required under the design standards for historic
districts.
(g) Fence Arm. An arm that projects from the top of a fence, typically to hold
barbed wire.
(h) Front yard. An open space unoccupied by a principal structure on a lot
facing a street, extending across the full width of the front of a lot between the
side lot lines, and in front of the front-most corners of the principal structure,
including any unenclosed portion of a front porch, carport, portico, or other
unenclosed structure located beyond the front face of the principal structure.
(i) Hedges. Cultivated plant material, deciduous, or evergreen plant material
planted in such a manner so as to constitute a fence.
(j) Height. The distance measured from the existing average grade of adjoining
properties to the top of the tallest structural member of a fence.
(k) Metal R Wall Panels. Metal RPanel - A metal R panel, also known as a rib
panel, is a wide panel that is very high in strength. The metal R panel is normally
made from aluminum or metallic coated steel and is typically available with a rib
height of 1.5 inches (1.5") and width of 32" to 39" per panel.
(1) Nonconforming Fence. A fence located within the corporate city limits of
Paris, Texas, which does not conform with the requirements or standards of this
ordinance, but which was lawfully constructed and in existence and in safe
condition on the day that this ordinance was enacted by the City Council.
(m) Privacy Fence. A fence structure consisting of material constructed to
inhibit sight through said fence.
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(n) Properly maintained. Maintained in a workmanlike manner and kept in a
condition of good repair, with no missing or broken parts, and generally plumb,
level, in line, and unmarred.
(o) Rear yard. An open space unoccupied by a principal structure extending for
the full width of the lot between the principal structure and the rear lot line, and
behind the back-most corners of building line of the principal structure.
(p) Screening Device. A solid fence, wall, or other barrier designed to conceal
property from public view.
(q) Right-of--way and Easement. The area between the property line and the
curb or street edge.
(r) Side yard. An open space unoccupied by a principal structure, situated
between the building and the side line of the lot, and extending through from the
front yard to the rear line of the lot, including any unenclosed portion of a side
porch, carport, portico, or other unenclosed structure located beyond the side of
the principal structure. Any lot line not a rear line or a front line shall be deemed
a side line.
(s) T-Posts. A fence post, usually of metal, designed to support fencing
materials.
(t) Wire fence. Fencing constructed of wire or similar materials, includes fences
using t-posts, hog, chicken, or other penning materials.
(u) Workmanlike. Executed in a skilled manner, e.g., generally plumb, level,
square, in line, undamaged, and without marring adjacent work.
(v) Yard. Front yard, rear yard, and side yard as defined herein.
Sec. 11.5-2. Nuisance declared
Any fence which is or has become dangerous to public safety, health, or
welfare is hereby declared a public nuisance and is subject to removal by the city
upon failure by the fence owner to take necessary action to repair, replace, or
remove such fence after due notice as provided herein.
Sec. 11.5-3. General standards for fencing.
(a) Fence materials and types:
(1) General standards.
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a. Fences may be constructed of stone, masonry, brick, wrought
iron, durable or treated wood, polyvinyl chloride (PVC)
fencing materials, chain-link, or other materials of like kind
that the chief building official determines have the same
quality, appearance, and durability. All materials must be of
the type that is customarily used in residential landscaping.
b. All fencing materials used throughout the property must be
complementary of each other.
c. All fences must be constructed in a neat and workmanlike
manner, in accordance with manufacturers' specifications,
and shall be properly maintained at all times.
(2) Chain link fences.
a. Chain link fences less than five feet in height in residential
districts shall have the finished edge of the material on the
top of the fence.
b Chain link fences are prohibited in front yards in uses other
than industrial.
(3) Masonry fences. Any stone, masonry, or brick wall or fence
constructed of similar materials greater than four feet in height shall
be submitted on properly drawn plans and sealed by a Registered
Professional Engineer; the plans shall be submitted to the City
Engineer for review and approval prior to beginning construction.
(4) Electric fences. A fence constructed to intentionally conduct
electrical current shall not be permitted in any zoning district except
Agricultural district; however, in no case shall electric fences be
permitted adjacent to a lot used for residential purposes.
(5) Barbed wire fences. Barbed wire fences are permitted in
Agricultural districts on property over 4 acres and in LI and HI
districts; however, in no case shall barbed wire fences be permitted
on property in Agricultural districts that are located adjacent to a lot
used for residential purposes.
(6) Fence arms. Fence arms shall not be permitted in any zoning
district except LI and HI districts; however, in no case shall fence
arms extend beyond the property line.
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(7) Prohibited materials. The following fencing materials are not
permitted in any zoning classification:
a. Fences utilizing materials that are not commonly used in
residential landscaping and which are historically intended
for temporary uses only.
b. Fences incorporating woven wire mesh (chicken wire),
welded wire mesh, woven wire (hog wire), or other penning
materials, on property that is not zoned and actively used for
agricultural purposes; however, such pens may not be located
within 100 feet of property used for residential purposes.
c. Fences incorporating t-posts as the structural support for the
fencing materials.
d. Fences made up of or utilizing rope, cable, railroad ties,
utility poles, or any other similar materials or materials not
specifically manufactured for permanent fencing; however,
cable fencing may be utilized in City parks or on other City
recreational property.
e. Corn cribbing (snow) fences.
f. Fences made of sheet metal, fiberglass, solid plywood, scrap
lumber, pallets, temporary fencing, or other non-customary
materials.
g. Fences made of common concrete, hadite, or cinderblock.
(b) Fence heights:
(1) Front yard fence requirements.
a. No fence shall be permitted in the front yard with the
following exceptions:
i. On lots zoned Historic Overlay District (HD) and in
accordance with the design standards adopted by the
Historic Preservation Commission.
ii. On lots in excess of 2 acres in size which are used for
single-family residential purposes.
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iii. On lots which are zoned and used for LI or HI purposes.
b. If permitted, ornamental fences may be permitted in a front
yard in residentially zoned areas if not designed or serving as
an enclosure. Ornamental fences include such things as split
rail, picket, decorated metal, and brick fences, but not such
things as chain link, wire, or other similar fences.
c. In residentially zoned areas, no fence over forty-two (42)
inches in height above the average grade of the yard shall be
permitted from the front building line to the street
right-of--way line.
d. In residentially zoned areas, all front yard fences shall have a
minimum of 50 percent open area for passage of air and light.
(2) Side yard fence requirements. Fences may be constructed to a
maximum height of eight feet on any side property line up to the
building line of the principal structure.
(3) Rear yard fence requirements. Fences may be constructed to a
maximum height of eight feet on the rear property line up to the
building line of the principal structure.
(4) Corner lot fence requirements, areas used or zoned for residential
purposes.
a. On all corner lots in residential districts which have opposing
rear lot lines, whether directly or across an alley, fences may be
constructed to a maximum height of eight feet along the side
and rear yard lines.
(5) No fence adjacent to a required subdivision screening wall, whether
parallel or perpendicular to the wall, may be constructed higher than
the height of the subdivision screening wall unless granted a variance
by the board of adjustment.
(6) Fences around tennis courts, regardless of the district in which they
are located, may be constructed to a maximum height of 12 feet.
Such fences shall be chain link or other open view material so as to
minimize the visual impact of the fence. Fence arms shall not be
allowed on tennis court fences.
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(c) Other fence standards:
(1) Every fenced enclosure constructed under the provisions of this
article shall have at least one gate in its perimeter.
(2) In the event of subdivision regulations, deed restrictions, or other
restrictive covenants regulate fence height, location or construction,
the more restrictive regulations shall apply.
(3) For all fences, the installing party shall construct the fence with the
post side or "bad side" facing the installing party's property so that
the side of the fence facing adjacent properties or the public
right-of--way does not contain the structure and/or support of the
fence. This provision shall apply to both side yard and rear yard
fences that face a public right-of--way, park, school, or other public
area.
Sec. 11.5-4. Prohibited conditions
The following shall be prohibited:
(1) No fence shall be constructed on or in that portion of any corner lot
which is included in a triangle on the street corner of the lot formed
by a diagonal line intersecting the property lines at points twenty (20)
feet from the street corner intersection of the property lines. The
city engineer may require additional sight distances to be maintained
where specific conditions render such provisions necessary to
provide for the public health and safety.
(2) No fence shall be constructed within any drainage easement in the
corporate limits of the city or the ETJ unless the city engineer shall
have first determined and advised the chief building official, in
writing, that he believes such fence shall, in all probability, not
interfere with or impair the natural flow of water across the drainage
easement.
(3) No fence shall be constructed on a vacant lot beyond the average
front setback line of adjacent structures within the same block.
(4) Fences, guy wires, braces or structural members of any fence
constructed upon or protruding over property over which the City or
the general public has dominion and control, owns or has an
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easement over, under, around or through, except upon utility
easements which are permitted to be fenced as provided herein.
(5) Spikes, nails, barbed wire, razor wire, or other sharp pointed
instruments affixed, placed upon, or allowed to exist in any manner
attached to a fence or part of a fence except as specifically allowed
herein.
(6) Any fence installation, addition or improvement utilizing electricity
or electrical components except as specifically allowed herein.
(7) Fences which deny access to, or the visibility of, fire hydrants, water
meter wells, or other utility metering devices.
(8) Fences which illegally restrict visibility for vehicular or pedestrian
traffic.
(9) Damaged or unstable fences if the condition of the fence is a hazard
to the health, safety, and/or welfare of the general public.
(10) Fences consisting of broken concrete, hadite or cinderblock, or other
unauthorized materials to be stacked in piles or rows.
(11) Fences or living screen hedges so constructed or planted that
disrupts or diverts the natural flow of water or drainage.
(12) Fences or hedges erected or installed except as allowed herein.
Sec. 11.5-5. Permits required
(a) Permits:
(1) It shall be unlawful for any person to install or cause to be installed
or to permit any person to install a fence, or to make any alterations,
additions, or changes to a fence, without first having procured a
permit to do so from the chief building official.
(2) The fee for the permit required by this section shall be $25.00 and
shall be paid prior to the issuance of the permit; however, this fee
shall be waived in connection with a project or permit fees for a new
construction project.
(3) The chief building official shall require a plot plan showing the lot
size, all improvements on the lot, and the proposed location of the
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fence to be constructed before a permit will be issued under this
section. The plot plan need not meet the requirements of a plat;
however, it shall contain sufficient information to allow the chief
building official to provide an adequate review of the application.
(4) The chief building official shall require detailed plans for all fences.
The chief building official or his designee may require conditions or
revisions he deems appropriate to achieve the intent of this section.
The plans may include manufacturer specifications and installation
instructions, so long as the information provided to the chief building
official is sufficient to provide an adequate review of the application.
(b) Inspections required:
(1) When any fence for which a permit has been issued under this article
is completed, it must be inspected by the chief building official or his
designee for compliance with this ordinance and applicable
construction codes. The chief building official's office shall be
notified upon completion of the fence.
(2) The chief building official will certify acceptance if the fence
complies with the provisions of this article or reject the fence if it
does not so comply.
(3) The owner of the property shall be required to remove any
non-compliant fence or replace it with a fence that does comply.
(c) Duty and responsibilities of Fence Permit Applicants:
(1) Fence Permit Applicants are responsible for the determination and
location of easements, rights of way, and utilities prior to application
for a fence permit and construction of fences.
(2) Fence Permit Applicants shall be responsible for researching and
complying with all private deed restrictions or private subdivision
requirements.
Sec. 11.5-6. Screening Devices
(a) When permitted. Screening devices as described in this section may be
permitted in areas used for light industrial and heavy industrial activities.
(b) When required. All wrecking yards, junkyards, salvage yards, landfills,
demolition businesses, recycling businesses and automotive repair businesses
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which frequently store inoperative, wrecked, or dismantled vehicles due to
abandonment by owner or for use in obtaining parts, shall be fenced on all sides
and shall be screened from view from the public right-of--way and from adjacent
property; provided, however, a screening device as described in subsection (c)(2)
herein shall not be permitted on property that is directly adjacent to or within 100
feet of an area zoned or used for residential purposes.
(c) Screening materials.
(1) A screening device must be at least eight feet in height and be
constructed of wood, stone, masonry, brick, decorative concrete
block, or other permanent material, have a completely solid area with
no openings, and be permanently maintained.
(2) A required screening device may be constructed of metal "R" wall
panels mounted vertically, with a finished top cap of the same color
as the fence panels; provided, however, metal "R" wall panels may
not be used for screening or fencing within 100 feet of a residential
zoning district or property used for residential purposes.
(3) A landscaped strip or an earthen berm planted with trees or shrubs
(living screen), including a minimum of eighty (80) percent
non-deciduous trees or shrubs that will achieve sight and noise
obstruction, may be provided as a screening device as an alternative
to traditional fencing if approved by the board of adjustment. If a
living screen is approved, the plant materials must be a minimum of
6 feet in height at time of planting.
(4) A combination of subsections (c)(2) and (3) may be provided as a
screening device as an alternative to fencing or landscaping alone if
approved by the board of adjustment. If a combination is approved,
the screening and plant materials combined must be a minimum of 8
feet in height at time of installation and planting.
(5) Alternate equivalent screening if approved by the board of
adjustment.
(d) Standards for screening.
(1) All required screening devices shall be constructed so that the
finished side (good side) of the screening device faces the public or
adjacent property. Any screening device constructed of a material
other than stone, brick, or decorative concrete block shall be finished
in a bronze or dark earth tone color.
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(2) All openings in the surface of a screening device for passage shall be
equipped with locking gates equal in height and screening
characteristics specified above but need not be of the same material
as the main fence or wall so long as the material is complementary in
nature thereto.
(3) All outdoor storage shall be stored inside the screening device and
no junk or salvage materials may be piled against the exterior of the
screening device or stacked higher on the inside of the screening
device than the height of the screening device.
4) Prior to the issuance of an occupancy permit, all approved screening
devices must be in place and approved by the City Building Official
or his authorized designee.
(5) All screening devices shall be permanently and continually
maintained in a neat and orderly manner as a condition of use. The
City Building Official may suspend or revoke a Certificate of
Occupancy for a property if the owner or tenant of the property fails
to adequately maintain a screening device.
(e) Variance. A variance to the requirements of this section may be granted by
the board of adjustment in accordance with the procedure established by this
article.
Sec. 11.5-7. Construction and maintenance of fences.
(a) Every fence shall be constructed in a substantial, workmanlike manner and of
material reasonably suited for the purpose for which the fence is proposed to be
used. Every fence shall be properly maintained in such condition as to not
become or remain in a condition of disrepair or danger or constitute a hazard,
eyesore, or public or private nuisance.
(b) If the fence is located along a boundary between two properties, both sides
shall be maintained by the owner(s) of the fence.
(c) If a fence is erected off the common lot line, the property owner on whose
property the fence is erected shall be responsible for maintaining the space
between the fence and the lot line.
(d) Every fence, wall, or hedge shall be maintained in a good and safe condition
at all times. Every damaged, dead, or missing element of any fence, wall, or hedge
shall be repaired, removed, or replaced immediately as provided herein
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Sec. 11.5-8. Nonconforming fences
(a) Authority to Continue. Except as provided below in subsection (e), any
nonconforming fence may be continued so long as it remains otherwise lawful,
subject to the regulations of this section.
(b) Ordinary Repair and Maintenance. Normal maintenance and incidental
repair may be performed on any nonconforming fence or wall; provided, however,
that any repair shall, whenever possible, eliminate or reduce any non-conformity
in the element being repaired and provided further, however, that this shall not be
deemed to authorize any violation of this section.
(c) Alteration, Enlargement, Moving. A nonconforming fence shall not be
changed or altered in any manner that would increase the degree of its
nonconformity, be enlarged or expanded, be structurally altered to prolong its
useful life, or be moved in whole or in part to any other location where it would
remain nonconforming.
(d) Change of Fence. A nonconforming fence that has been changed to
eliminate its nonconformity or any element of its nonconformity shall not
thereafter be changed to restore such nonconformity or nonconforming element.
(e) Damage or Destruction. Any nonconforming fence (or any nonconforming
element of a fence capable of change or discontinuance separate from other
elements of the fence) which has suffered damage, deterioration or destruction to
thirty-five percent (35%) or more of its total surface area shall be removed or
brought into conformity with the provisions of this article.
(f) Termination of Certain Nonconforming Fences. The following
nonconforming fences, walls or screening devices shall be removed or modified to
comply with the provisions of this ordinance within thirty (30) days of the
effective date of this ordinance to eliminate every nonconformity:
(1) Barbed Wire and Electrical Fences. All nonconforming barbed wire
fences and nonconforming electrical fences located in residentially
zoned areas or located on property used for residential purposes,
excepting fences located on Agricultural zoned property as otherwise
permitted herein for agricultural purposes.
(2) Dilapidated Fences or Walls. Each nonconforming fence that is
dilapidated or deteriorated to the extent that the replacement of more
than thirty-five percent (35%) of the fence is required.
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(3) Public Health, Safety, and Welfare. Every nonconforming fence or
hedge that poses a threat to the health, safety, or welfare of any
person or to the general public.
Sec. 11.5-9. Abatement by City of fences found in violation of this Article.
The procedure for the removal of fences determined by code inspectors to
be in violation of this ordinance shall be the procedure adopted for the removal of
substandard structures found in Chapter 7, Article III, of the Code of Ordinances
of the City of Paris.
Sec.11.5-10. Variance
(a) The procedure for seeking a variance to this these fencing regulations shall be
the procedure established for variances in Section 16 of Zoning Ordinance No.
1710.
(b) A variance may be granted to these regulations if the board of adjustment
finds that all of the following conditions apply:
(1) Unique circumstances exist on the property that make application of
specific requirements in this ordinance unduly burdensome on the
applicant,
(2) The variance will have no adverse impact on current or future
development,
(3) The variance is in keeping with the spirit of the these regulations and
will have a minimal impact, if any, on the surrounding land uses,
(4) The variance will have no adverse impact on the public health,
safety, and general welfare, and
(5) A financial hardship shall not be considered sufficient grounds for
the granting of a variance."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of
this ordinance shall not be construed as abandoning any action now pending under or by virtue of
such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue,
or as affecting any rights of the municipality under any section or provisions of any ordinance at the
time of passage of this ordinance.
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Section 5. That it is the intention of the City Council of the City of Paris that this ordinance,
and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of
any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of
this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty of a
Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec.
1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of
any violation of the above-enumerated sections shall constitute and be deemed a separate offense.
Section 7. That this ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND ADOPTED this 24th day of March, 2008.
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO
W. Kent McIlyar, ity A rney
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