15-56 O - Amending Article 2.19, Chaper 3 of Code of Ordinances, Standards for Wooden Fences Visible from Streets, Open FencingTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-56
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 WOODEN FENCES
ADJACENT TO AND VISIBLE FROM STREETS AND REQUIREMENTS FOR
OPEN FENCING; 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 wooden fence standards and
open fencing adjacent to parks, trails and open space.
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 (16).
(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
away from view from the adjacent street or right-of-way.
(5) All materials shall be securely fastened, vertical boards to horizontal stringers,
Ordinance No. 15-56, Page 2
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.
(7) Wooden fences on lots or tracts that are adjacent to a street and visible from the
street shall be constructed as board -on -board with a top rail.
(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.
(j) Open fencing requirements. Fences adjacent to public or private open space, public or
private parks, or hike and bike trails shall be ornamental metal, tubular steel or split rail with a
minimum 50% through vision. Wooden fences legally installed on or before October 7, 2015,
may be replaced with a wooden fence in compliance with the wooden fence standards as they
exist or as may be amended.
(k) Fences may not contain and/or be:
(1) Continuous electrical current, although single -strand wire 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.
(1) 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.
(m) 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.
Ordinance No. 15-56, Page 3
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 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 22ND DAY OF SEPTEMBER, 2015.
Ray Smith, Mayor
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch Town Attorney
Ordinance No. 15-56, Page 4