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O91•, ORDINANCE NO. 91 ~ ~ '~° , s ...y ~ ~•` S d r ~ ,r .~Ip t ~ r ~ ~ s . _ _ J ~:' \ J AN ORDINANCE OF THE CITY OF KENNEDALE, REQUIRING A PERMIT TO ERECT A FENCE OR SCREENING DEVICE; PROVIDING FOR REGULATION OF THE INSTALLATION AND MAINTENANCE OF FENCES AND SCREENING DEVICES; ESTABLISHING A PERMIT FEE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A CUMULATIVE CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality located in Tarrant County, created in accordance with the provisions of Chapter 6 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Planning and Zoning Commission has recommended to the City Council that the City adopt standards for the installation and maintenance of fences and screening devices; and WHEREAS, the City Council finds that regulating the installation and maintenance of screening devices and fences will promote safety; protect the character and stability of residential, commercial, and industrial areas; conserve the value of land, buildings, and neighborhoods; and enhance the aesthetic and visual image of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Article VIII of Chapter 4 of the Kennedale City Code is hereby amended to read as follows: Article VIII. Fencing and Screening. Section 4-200. Purpose. The requirements set forth in this article are intended to promote safety; protect the character and stability of residential, commercial, and industrial areas; to conserve the value of land, building, and neighborhoods, and enhance the aesthetic and visual image of the city. The construction, modification and maintenance of fencing and screening shall comply with the requirements of the Kennedale City Code. The Planning and Zoning Commission and the City Council must approve deviations from these requirements, and may approve such f:\Liles\kennedale\ordinance\fence4b (1Jllry6) Page 1 .. deviations or special exceptions when the Commission and the Council find that adherence to the requirements of the Kennedale City Code will hinder the orderly subdivision of property and will be detrimental to the public health, safety, or welfare. Fences and screening constructed in accordance with approved plats shall not require permits and shall be deemed in accordance with Kennedale City Code requirements for fencing and screening. Section 4201. Definitions. FENCE: A masonry wall or a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separating parcels of land. FREE STANDING WALL: A masonry wall or a barrier which is unconnected to a building erected for the purpose of enclosing space or separating parcels of land. MULTI UNIT RENTAL COMPLEX: Two or more dwelling units in one or more buildings that are under common ownership managed by the same owner, managing agent, or management company, and located on the same lot or tract of land or adjacent lots or tracts of land. The term includes a condominium project but does not include: (a) A facility primarily renting rooms to overnight guests; or (b) Asingle-family home or adjacent homes that are not part of a condominium project. OWNER: A person who owns, leases or manages or has a legal or equitable interest in a parcel or tract of land. PERSON: A person, firm, partnership or corporation or other entity of any kind. POOL: A permanent swimming pool, permanent wading or reflection pool, hot tub or spa over 18 inches deep, located at ground level, above ground, below ground or indoors. SCREENING DEVICE: Any of the following: (a) Any solid fence or freestanding wall constructed of metal, brick, masonry, or concrete, the vertical surface of which shall be without gaps except openings for access; (b) Any dense screening shrubs as defined by Sec. 17-431, providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or (c) Landscaped earth berms may when appropriate in scale, be considered and used as a screening device in lieu of a fence, wall, hedge or other dense planting material. f:\files\kennedale\onlinance\fence4b (1/11/96) Page 2 ,. VISUAL BARRIER: Any fence, wall, hedge or shrubbery higher than 30 inches above ground level at the property line, except single trees with single trunks which are pruned to a height of seven feet above ground level. Section 4202. Permit Required. It shall be unlawful for a person to erect or cause to be erected a fence, or freestanding wall or any part thereof without first obtaining a permit from the city's permit office. Any existing fence may be repaired or modified in place without obtaining a permit. Any existing fence may be replaced by the same or different type of fence in the same location without first obtaining a permit from the city's permit department if the replacement fence is completed within one year from the removal of the existing fence. Any repair, modification or replacement performed without a permit shall be in accordance with the requirements of the City Code. Section 4203. Application for permit. A person shall make application for a permit at the city's permits office. The application shall contain the following information: (a) The name, address and phone number of the applicant and of the contractor who proposes to perform the work, if different than the applicant; (b) The name and address of the owner of the property for which the application is submitted, and a description of the property which is to be fenced, by legal description or street address; (c) A description of the materials to be used in constructing the fence or wall; (d) A copy of the plans, specifications and diagrams for the construction of the fence or wall, unless this requirement is waived by the building official; (e) A statement that the information contained in the application is true and correct and the signature of the applicant. Section 4-204. Permit fee. A person shall pay a fee, as established by the city council, at the time he submits the application for a permit. f:\files\kennedale\ordinance\fence4b (1111/96) Page 3 Y w Section 4205. Permit issuance; duration. (a) The building official or his designee shall review the application and if the building official finds that the work described in the permit application conforms to the requirements of this code, and that the application fee has been paid, the building official or his designee shall issue a permit to the applicant. (b) The permit shall expire by limitation and become null if the work authorized by the permit is not commenced within 180 days from the date of the permit, or the work authorized by the permit is suspended for a period of 180 days or more. Section 4206. Denial of permit. The building official or his designee shall deny a permit if: (a) The applicant fails to submit any information as required by this article; (b) The application reveals that the work proposed to be performed does not comply with the requirements of this code; or (c) The application reveals that the work proposed to be performed is planned to be placed on the property line and is not requested by the owners of all adjacent properties. Section 4-207. Appeal of denial of permit. A person may appeal the denial of a permit in accordance with the provisions of the Building Code. Section 4-208. Fence required -swimming pool. (a) Any person who owns or controls amulti-unit rental complex upon which a swimming pool is located shall completely enclose the pool yard with a pool yard enclosure, in accordance with the requirements of Texas Health & Safety Code Chapter 757, as amended (Vernon 1995). (See also Section 17-425(b) Kennedale City Code). (b) Any person who owns or controls property upon which a swimming pool is located shall enclose the pool yard with a fence in accordance with the provisions of the Building Code. f:\files\kennedale\ordinance\fence4b (1/11/96) Page 4 SeMion 4209. Fence required -salvage yards. The owner of property which is used for open storage of wrecked or salvaged automobiles, machinery, appliances or other used commodities and equipment shall enclose the property with a screening wall or fence of eight feet in height and which meets the requirements of sec.17-420(m} of this code. This section shall not apply to the display of automobiles, motor vehicles, or industrial equipment of comparable size or larger so long as they are displayed for sale in conformity with other applicable ordinances of the city. (See also Section 12-4 Kennedale City Code). Section 4210. Fence required -dumpsters. An owner of property zoned "D", "MF"', or for any use other than residential, shall screen all dumpsters and garbage, trash and refuse storage areas on at least three sides by either a six foot high screening device, or by large screening shrubs so that the dumpsters cannot be seen from a public street. (See also Sections 17-420(i) and 17-425(c) Kennedale City Code). Section 4-211. Fence required -incompatible zoning districts. Insofar as possible, screening must be erected, placed, and/or grown along the common boundary line of incompatible zoning districts before use is made of the property. Before a building permit may issue for construction on property which is adjacent to property which is zoned for a more restrictive use, as defined by sec. 17-425 of this Code, the applicant shall construct or place screening along the common boundary line of the properties. The screening fence shall be constructed of solid wood or masonry and shall be not less than six feet in height nor more than eight feet in height. A person may plant large screening shrubs in lieu of constructing a fence, if the screening shrubs meet the requirements set forth in sec. 17-431 of the Code. Section 4-212. Responsibility for fence. Every owner, tenant and agent, of any property upon which a fence or screening device is maintained, shall be jointly and severally responsible for installing and maintaining the fence or screening device. Section 4-213. Fence maintenance. (a) Fences, screening devices, and free standing walls shall be maintained in a good state of repair so as to meet the requirements of the Uniform Housing Code. (b) Screening devices composed of shrubs shall be maintained in a healthy, neat, live, growing condition. f:\files\kennedale\ondinance\fence4b (1/11/96) Page 5 Section 4-214. Fence materials. (a) A person shall construct a fence using the following materials: wood, wrought iron, exposed aggregate tilt wall, fired masonry, approved wood rail construction, or other material approved by the building official or his designee, including large screening shrubs, as permitted by Chapter 17 of this Code. (b) Wood fences may have metal framing. (c) A person erecting a wood fence shall ensure that the smooth side faces adjoining streets and the posts and rails face the interior of the lot. Section 4215. Electric fences. A person may construct or maintain an electric fence and fence charging devices if: (a) They are UL approved; (b) They are used in conjunction with agricultural activities for the purpose of containing livestock, protecting water supplies, or for the security of crops grown on the property; and (c) They are plainly labeled or marked. Sec. 4-216. Fences -security. A person may erect and maintain a barbed wire fence for: (a) Agricultural or related activities; or (b) Security purposes in non-residential zoning districts if the barbed wire is mounted on the top of a fence at least six feet in height. Section 4-217. Fences -razor wire. A person may not use concertina wire or razor wire to construct a fence unless such is authorized by a Special Use Permit issued by the Board of Adjustment. Section 4-218. Fence -placement. A person shall not construct or maintain a fence in such a manner as would endanger the health or safety of the general public. f:\files\kennedale\ordinance\fence4b (1/11/96) Page 6 Section 4-219. Fence -front yard. A person shall not construct a fence or free standing wall exceeding 30 inches in height which extends into the required front yard except that a person may construct a decorative fence, agricultural fence or security fence that is no more than 25 percent solid above 30 inches. Sec. 4-220. Fence -side yard. A person shall not construct or maintain: (a) A fence or free standing wall greater than 30 inches in height less than five feet from any side or rear property line that is adjacent to a public street except for decorative fences, agricultural fences, or security fences that are not more than 25 percent solid above 30 inches; or (b) A fence over 30 inches in height closer than 15 feet from the front corner property pin of an adjoining lot. Section 4221. Fence -visibility. (a) A person shall not construct or maintain a fence, screening device, free standing wall or other visual barrier so that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. (b) A person shall construct and maintain a fence, screening device, free standing wall or other visual barrier in such a manner that a person, from all street intersections, has a clear field of vision across the corner lots for a distance of 25 feet back from the property corner along both streets. (c) In the event of a conflict between a provision establishing a minimum fence height and the provisions of this section, a person shall construct the fence so as to comply with the requirements of this section. Section 4-222. Fence -height. A person shall not construct or maintain a fence in a residential zoning district which exceeds eight feet in height above ground level at the fence line. Section 4-223. Fence -public property. A person shall not construct or maintain a fence, guy wire, brace or any post in such a manner that it protrudes over property that the city or the general public has dominion f:\files\kennedale\ordinance\fence4b (1/11/96) Page 7 .. and control over, owns or has an easement over, under, around, or through except upon utility easements, which are permitted to be fenced. Section 4224. Perimeter fences. Subdivision perimeter fencing shall conform to the requirements and provisions for screening and fencing contained in this article. Section 4225. Requirements cumulative. A person who erects or maintains a fence shall comply with the applicable provisions of the Building Code and the Zoning ordinance. Sections 4-226 through 4-229. Reserved. SECTION 2. The fee for a fence permit shall be established and set by the City Council. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, 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 4. 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 f:\files\kennedale\ordinance\fence4b (1/11/96) Page 8 incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. 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. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of Chapter 17 of the City Code of the City of Kennedale as amended, or any other ordinance or code provision affecting fence 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 7. The City Secretary of the City of Kennedale 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. f:\files\kennedale\ordinance\fence4b (1/11/96) Page 9 SECTION 8. The City Secretary of the City of Kennedale is hereby directed to publish the caption, penalty clause, publication clause and effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days, or one issue of the newspaper if the official newspaper is a weekly newspaper, as authorized by Section 52.011 of the Local Government Code. SECTION 9. 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 THIS 11 DAY OF JAtyu~xY , 1996. ~~~~~ ? MAYOR ATTEST: ___ .. _... . CITY SECR ARY EFFECTIVE: J~~Y 18, 1996 APPROVED AS TO FORM AND LEGALITY: lc ©~--- City Attorney f:\riles\kennedale\ordinance\fence4b (1/11/96) Page t0 B .~~ B Publishing, Inc. 833 East Enon P.O. Box 40230 Everman, TX 76140-0230 Phone (817) 478-4661 AFFIDAVIT OF PUBLICATION STATE OF TEXAS: COUNTY OF TARRANT: CITY OF KENNEDALE Publishers Of: EVERMAN TIMES KENNEDALE NEWS FOREST HILL NEWS SOUTH COUN'PY NEWS BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY who having been duly sworn, says upon her oath: That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC. which are weekly newspapers published in Tarrant County, Texas with a general circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County and that a copy of: Pub. Hrg. re: Fence Ordinance which is attached to this affidavit, was published in said newspapers on the following date(s); to wit JANUARY 18,1996 EXECUTED THIS, THE 6TH, DAY OF FEBRUARY, 1996 JENNIFER CAT SUBSCRIBED AND SWORN TO BEFORE ME THIS, ,•~,"~;~"Yi«.-,, JO}!id FO's 31,E~5!t~3 =s::• ~: '_' •' MY COAi~:iiSSiC!d EXPIRES .,~, ~~ ". ~Y,~E:" JGly 1Q. ty~7 THE 6TH, DAY OF FEBRUARY, 1996 JOHN EDD BLESSING ~ NOTARY PUBLIC TEXAS B ~ B Publishing, Inc. 833 East Enon P o. eox 40230 Everman, TX 76140-0230 Phone (817) 478-4661 AFFIDAVIT OF PUBLICATION STATE OF TEXAS: COUNTY OF TARRANT; CITY OF KENNEDALE Publishers Of: EVERMAN TIMES KENNEDALE NEWS FOREST HH,r. NEws SOUTH COUNTY NEWS BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY who having been duly sworn, says upon her oath; That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC. which are weekly newspapers published in Tarrant County, Texas with a general circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County and that a copy of: Ordinance #91 which is attached to this affidavit, was published in said newspapers on the following date(s); to wit JANUARY 18,1996 EXECUTED THIS, THE 6TH, DAY OF FEBRUARY, 1996 ~~ JENNIFER CAT SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 6TH, DAY OF FEBRUARY, 1996 ~l.ES ~,( ,, "` MYCCA5~141SSiG'J FXPIFES ~;;~~: ,~viyio. tss~ J.~N/. LL~/ L.~~(~~Y~1l~L ~I ~J ~I d'OHN EDD BLESSING NOTARY PUBLIC TEXAS