15-53 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-53
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ARTICLE 3.19, "FENCE REGULATIONS," OF CHAPTER
3, "BUILDING REGULATIONS," OF THE TOWN'S CODE OF ORDINANCES,
BY AMENDING AND ESTABLISHING STANDARDS FOR FENCES AND
WALLS IN THE FRONT YARDS OF RESIDENTIAL ZONING DISTRICTS OR
RESIDENTIAL LOTS AND ESTABLISHING PROVISIONS FOR TOWN
COUNCIL CONSIDERATION OF ALTERNATE FENCE MATERIALS;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council desires to amend regulations and establish new fence
regulations, contained in Article 3.19, "Fence Regulations," of Chapter 3, "Building
Regulations," of the Town's Code of Ordinances, regarding the allowance of fences and walls
in residential front yards, and establish provisions for the consideration of alternate fence
materials.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Article 3.19, "Fence Regulations," of
Chapter 3, "Building Regulations," of the Town's Code of Ordinances is hereby amended to read
as follows:
"ARTICLE 3.19 FENCE REGULATIONS
Sec. 3.19.001 Fence Requirements
Fences in all zoning districts shall meet the following requirements:
(a) A fence permit must be obtained from the Building Inspection Division prior to installation.
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 Building Official. Notwithstanding the foregoing, a permit shall
not be required for alterations, additions or changes if repairs do not exceed sixteen (16) linear
feet of the area of the fence over a twelve (12) month period.
(b) No fence shall be constructed within any drainage easement in the corporate limits of the
Town unless the Town Engineer shall have first determined and advised the 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.
(c) Fences around tennis courts may exceed eight feet (8') in height, but shall not exceed
fifteen feet (15').
(d) Fence arms shall not be constructed.
(e) Chain-link fences in residential districts shall have the finished edge of the material on the
top of the fence. Chain-link fences shall be vinyl -coated, unless used in conjunction with athletic
fields on property owned by an Independent School District or the Town of Prosper. Chain-link
fences are not permitted in the required front yard of any residential zoning district or any
residential lot.
(f) Fences or Low Walls located in the Required Front Yard of a Residential District. Fences
or low walls located in the required front yard of any residential district or any residential lot shall
be subject to the following approval process and meet the following standards:
(1) The fence or low wall shall require approval of the Town Council. An application
for Town Council consideration of a fence or wall in the required front yard shall be
submitted on a form supplied by the Department of Development Services.
(2) Fences shall have a minimum of fifty percent (50%) through vision and shall not
exceed eight feet (8') in height.
(3) Low, solid walls may be approved by the Town Council subject to the following
criteria:
a. Shall not exceed three feet (3') in height;
b. Shall be constructed of clay fired brick, natural stone or manufactured stone;
c. Shall not be constructed of concrete block, split faced concrete block or stucco;
and
d. Shall not be painted.
(g) Gate required. Every fenced enclosure constructed pursuant to the provisions of this
article shall have at least one (1) gate in its perimeter a minimum of three feet (3') in width.
(h) Wooden Fence Standards. All wooden fences shall meet the following standards:
(1) All vertical posts shall be galvanized steel, a minimum of sixteen (16) gauge
thickness and spaced at a maximum of eight feet (8') on center, set in a concrete
footing. Picket fences, split rail fences, ranch style or agricultural fences, or other
types of open decorative fences approved by the Building Official or his/her
designee shall be permitted to use wooden posts.
(2) All pickets shall be a minimum 1/2 inch (1/2") thickness.
(3) Wood material shall be an insect -resistant wood such as cedar or pressure treated
yellow pine. Spruce is not a permitted wood material.
(4) The fence shall have its back side (the side with exposed posts or rails) oriented
Ordinance No. 15-53, Page 2
away from view from the adjacent street or right-of-way.
(5) All materials shall be securely fastened, vertical boards to horizontal stringers,
stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and
safe condition, free from rot, rust, vandalism, and other sources of decay.
(6) The bottom of the fence shall be designed to prevent ground -to -wood contact. This
can be achieved through the use of a concrete strip poured between the fence
supports or by raising the pickets to provide a minimum of three inches (3")
between the bottom of the pickets and the ground. A two inch by six inch (2" x 6")
kick board may be used to cover the gap between bottom of pickets and ground.
This kick board may have ground contact.
(i) Protective treatment. All wood material shall be stained, pressure -treated, painted, or
adequately sealed to prevent decay. All exterior surfaces of fences shall be maintained in good
condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All metal
surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all
surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by
oxidation are exempt from this requirement.
Q) Fences may not contain and/or be:
(1) Continuous electrical current, although single -strand wired designed to conduct
electricity through an approved low -voltage regulator shall be allowed along the
fence's interior base line;
(2) Constructed to contain barbed wire;
(3) Plywood;
(4) Fiberglass or fiberglass panels;
(5) Corrugated steel or sheet iron; and/or
(6) Razor wire.
(k) Fences on parcels being used for agricultural purposes may contain barbed wire or other
agricultural fences approved by the Building Official or his/her designee.
(1) Alternate Materials. The Town Council may approve alternate materials for fences and
low walls. An application for Town Council consideration of an alternate fence or low wall material
shall be submitted on a form supplied by the Department of Development Services.
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
Ordinance No. 15-53, Page 3
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such
violation shall continue shall constitute a separate offense. The penal provisions imposed under
this Ordinance shall not preclude the Town from filing suit to enjoin the violation, and the Town
retains all legal rights and remedies available to it.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 8TH DAY OF SEPTEMBER, 2
Ray Smith, ayor
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 15-53, Page 4