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Home My WebLink AboutAM2018-02I L..II: IIS :# . MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: APRIL 17, 2018 SUBJECT: AM18-02 —ARTICLE IV, GRAPEVINE CODE OF ORDINANCES, FENCES RECOMMENDATION: Council to discuss possible amendments to Article IV of the Grapevine Code of Ordinances, Fences, and take any necessary action. BACKGROUND: The Grapevine fence ordinance currently limits the height of fences in a required or established front yard to a maximum 36 inches in height, and requires them to be at least 50 percent open. At the March 19, 2018 meeting, the Building Board of Appeals discussed recommending to Council possible amendments to the ordinance. The Board felt that it would be reasonable to recommend 48" fences in R-20 zoning districts only. The fences would still be required to be at least 50% open, and the Board recommends that chain link fences not be allowed in front yards, and gates across driveways must be set back at least 20' from property line at the street. Below are what some other Metroplex cities allow: Southlake - maximum 8' tall - however, per Southlake staff, deed restrictions typically require much lower height. Colleyville - maximum 30" tall, and minimum 75% open. Some lots over 40,000 square feet may have a maximum 8' fence, 75% open. Flower Mound - maximum 48", except agricultural districts may have livestock wire fencing not to exceed 5'. Plano - maximum 40" tall, minimum 50% open. Keller - 36". In SF -LD (Keller's largest lot -area residential district), open fences can be 5' tall. I L..II: IIS :# . Euless - maximum 36" tall. Lots more than one (1) acre may exceed 36", must be at least 75% open, and setback 10' from property line. Coppell - No fences permitted in front yard. A draft ordinance showing the proposed amendments is attached. If Council wishes to proceed with these changes, the amendment will be brought to the May meeting. DRAFT ORDINANCE NO. 2018 -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 7 BUILDINGS AND CONSTRUCTION, ARTICLE IV FENCES; AMENDING SECTION 7-127; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE :# . WHEREAS, the City of Grapevine, has previously adopted ordinances regulating the installation of fences; and WHEREAS, the City of Grapevine, has determined that it is a necessity to regulate the activities and entities as provided for herein to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and has complied with all prerequisites necessary for the passage of this Ordinance; and WHEREAS, the City Council of the City of Grapevine, has determined that an amendment of Chapter 7, Building and Construction, Article IV, Fences, Section 7-127, of the Code of Ordinances is in the best interest of the City, and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the Code of Ordinances Chapter 7, Buildings and Construction, Article VI, Fences, Section 7-127, is hereby amended as follows: Section 7-127. Front yard requirements. I L..II: IIS :ii . M ) It shall be unlawful to erect a fence, hedge or vines over 36 inches in height in the required front yard area or the established front yard area, whichever area is greater in depth, on any interie lot. Fences in a required or established front yard on properties zoned R-20 Single Family District may be a maximum of 48 inches in height. q) b) It shall be unlawful to erect a fence, hedge or vines in the required front yard area or the established front yard area, whichever area is greater in depth, on any +nter+er lot that does not have at least 50 percent through vision. {3 ) It shall be unlawful to maintain a fence, hedge or vines in the required front yard area or an established front yard area, whichever area is greater in depth, of an ;n+ lot in a manner that does not permit at least 50 percent through vision. {4)d) For the purpose of this section, "established front yard area" shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and extending from the abutting street to a principal building or structure. The phrase "required front yard" shall have the meaning ascribed to it in the Grapevine Zoning Ordinance No. 82-73. (e) Fences within a required or established front yard area shall not be constructed of "chain-link" material. (f) Gates erected across driveways adjacent to streets shall be set back a minimum of 20 feet from the property line adjacent to the street." {Remainder of section unchanged} Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 4. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 5. If any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. ORD. NO. 2018 -XX 2 0Ordinances\20180rdinanceDraf Fencing I L..II: IIS :# . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the day of , 2018. APPROVED: ATTEST: APPROVED AS TO FORM- ORD. ORM: ORD. NO. 2018 -XX 3 0 Ordinances\20180rdinance Draft\Fencing MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER Vo� - MEETING DATE: MAY 1, 2018 SUBJECT: AM18-02 — CHAPTER 7, ARTICLE IV, FENCES GRAPEVINE CODE OF ORDINANCES RECOMMENDATION: Council to consider amendments to Chapter 7, Article IV Fences of the Grapevine Code of Ordinances, and take any necessary action. FUNDING SOURCE: BACKGROUND: The Grapevine fence ordinance currently limits the height of fences in a required or established front yard to a maximum 36 inches in height, and requires them to be at least 50 percent open. At the March 19, 2018 Building Board of Appeals meeting, the Board discussed possible amendments to the ordinance. The Board felt that it would be reasonable to recommend allowing 48" tall fences in R-20 zoning districts only. The fences would still be required to be at least 50% open, and the Board recommends that chain link fences not be allowed in front yards, and gates across driveways must be set back at least 20' from property line at the street. Below are what some other Metroplex cities allow: Southlake - maximum 8' tall - however, per Southlake staff, deed restrictions typically require much lower height. Colleyville - maximum 30" tall, and minimum 75% open. Some lots over 40,000 square feet may have a maximum 8' fence, 75% open. Flower Mound - maximum 48!', except agricultural districts may have livestock wire fencing not to exceed 5'. Plano - maximum 40" tall, minimum 50% open. Keller - 36". In SF -LD (Keller's largest lot -area residential district), open fences can be 5' tall. Euless - maximum 36" tall. Lots more than one acre may exceed 36", must be at least 75% open, and setback 10' from property fine. Coppell - No fences permitted in front yard. I L..II: IIS „# ORDINANCE NO. 2018-041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 7 BUILDINGS AND CONSTRUCTION, ARTICLE IV, FENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, has previously adopted ordinances regulating the installation of fences; and WHEREAS, the City of Grapevine, has determined that it is a necessity to regulate the activities and entities as provided for herein to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and has complied with all prerequisites necessary for the passage of this Ordinance; and WHEREAS, the City Council of the City of Grapevine, has determined that an amendment of Chapter 7, Article IV, Fences of the Grapevine Code of Ordinances is in the best interest of the City, and its citizens. WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this ordinance is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated herein above are true and correct and are incorporated herein by reference, as if copied in their entirety. Section 2. That the Code of Ordinances Chapter 7, Article IV, Fences, is hereby amended as follows: Section 7-127. Front yard requirements. "(a) Corner lots: It shall be unlawful to erect a fence in the required front yard building setback area or the established front yard area, whichever area is greater in depth, on any corner lot, except along the interior lot line in accordance with subsection (b). I L..II: IIS „# (b) Interior lots: (1) It shall be unlawful to erect a fence, hedge or vines over 36 inches in height in the required front yard area or the established front yard area, whichever area is greater in depth, on any interior lot. Fences in a required or established front yard on properties zoned R-20 Single Family District may be a maximum of 48 inches in height. (2) It shall be unlawful to erect a fence, hedge or vines in the required front yard area or the established front yard area, whichever area is greater in depth, on any interior lot that does not have at least 50 percent through vision. (3) It shall be unlawful to maintain a fence, hedge or vines in the required front yard area or an established front yard area, whichever area is greater in depth, of an interior lot in a manner that does not permit at least 50 percent through vision. (4) For the purpose of this section, "established front yard area" shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and extending from the abutting street to a principal building or structure. The phrase "required front yard" shall have the meaning ascribed to it in the Grapevine Zoning Ordinance No. 82-73. (5) Fences within a required or established front yard area shall not be constructed of "chain-link" material. (6) Gates erected across driveways adjacent to streets shall be set back a minimum of 20 feet from the property line adjacent to the street." {Remainder of section unchanged} Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 4. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 5. If any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Ordinance No. 2018-041 2 I L..II: IIS „# Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 1st day of May, 2018. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2018-041 3