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Home My WebLink AboutOrdinance 2209 ORDINANCE NO. 2209 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO AMEND THE SCREENING WALL AND FENCE REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has determined the need to amend the Screening Wall and Fence Regulations to clarify the language and to require masonry screening walls when a commercial or institutional use abuts the R-6-T Townhome District or the R-8 Zero Lot Line District, and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by revising the screening wall and fence regulations, by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Sections 1020, 1025, & 1028 Screening Wall and Fence Regulations be hereby amended in its entirety to read as follows: Section 1020 SCREENING WALLS A. Purpose - It is the purpose of this Section to provide for screening between zoning districts of different character in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and private investment. It is also the intent of this Section to provide for the safe construction and maintenance of walls and fences constructed in the City. B. Masonry Screening Wall Required - A masonry screening wall, not less than six (6) feet nor more than eight (8) feet in height, shall be required on all property in accordance with Table 10-F. Masonry screening walls shall be designed and constructed in accordance with the standards contained in the Design Manual for Public Works / Utilities. 1. Applicability - This regulation shall be applicable to (1) all new construction; or (2) any proposed building remodeling, alteration, addition, or expansion which either (a) the value of the proposed improvements exceed seventy-five (75) percent of the current appraised value of the existing structure(s), excluding the value of the land; or (b) increases the square footage of the building by thirty (30) percent or more. 2. Location of Screening Wall - The masonry screening wall shall be constructed along the entire length of the common property line between such properties and within the property required to erect the screening wall. The masonry screening wall shall be constructed prior to the issuance of any Certificate of Occupancy. Ord. 2209 Page 1 3. Abutting Iron Horse Golf Course - Residential lots which abut Iron Horse Golf course shall be exempt from the masonry screening wall requirement. 4. R-7-MF Multi-Family Residential Zoned Districts - Perimeter screening abutting public street right-of-way, parks, or other dedicated open space, shall be provided as follows: a. Where a proposed multi-family development is adjacent to a C4U thoroughfare, or larger, as shown on the Master Thoroughfare Plan, said screening shall consist of a permanent decorative masonry screening wall, not less than six (6) feet in height, constructed along and adjacent to said thoroughfare. b. Where a proposed multi-family development is adjacent to a C2U or R2U thoroughfare, park, or other dedicated open space, said screening wall shall consist of a permanent decorative screening wall of masonry, stone, or wrought iron type construction, or a combination thereof, not less than six (6) feet in height. Wrought iron material shall not exceed 40% of the total wall face, including columns. c. Perimeter screening shall be constructed prior to the issuance of a Certificate of Occupancy. 5. Hotel/Motel Developments - The masonry screening wall shall not be less than or more than eight (8) feet in height where a motel or hotel use abuts property zoned for any residential use. C. Non-Masonry Screening Fence Required - On existing properties where a masonry screening wall is not required, a sight barring fence, not less than six (6) feet nor more than eight(8) feet in height shall be required on all property as shown in Table 10-F. The sight barring fence shall be constructed along the entire length of the common property line between such properties, and within the property required to erect the screening fence. The sight barring fence shall be constructed prior to the issuance of any Certificate of Occupancy. Ord. 2209 Page 2 D. Table of District Screening Requirements Table 10 - F Screening Requirements for Districts Shown in Column 1 When Abutting Certain Districts Column 1 Abutting District Wall Required This District R1S R1 R2 R3 R4D R6T R8 R7MF U AG PD * R1S R1 R2 R3 R4D R6T R8 R7MF R R R R R R R R R 01 R R R R R R R R R R LR R R R R R R R R R R C1 R R R R R R R R R R ~- C2 R R R R R R R R R R .._~- OC R R R R R R R R R R ~- 11 R R R R R R R R R R 12 R R R R R R R R R R U R R R R R R R R AG PD As required by the approved site plan "R" Denotes wall or fence required, see Section 1 020 B & C to determine masonry or non-masonry requirement. . Only required when the Planned Development is for residential use. Section 1025 GENERAL SCREENING WALL AND FENCE CRITERIA A. Height - Walls and fences shall be no greater than eight feet in height. The height of a wall or fence shall be the vertical distance between the ground and the top of the wall or fence. In terrain where the ground slopes at a grade of ten (10) percent or more, the wall or fence may be built in eight (8) foot horizontal stair step sections. The average height of each fence section shall be no greater than eight (8) feet in height. B. Maintenance - Every screening wall and screening fence shall be adequately maintained by the property owner. C. Front Yards - Non-sight barring fences may be allowed in front yards. Such fences shall be wrought iron, and shall be no greater than four (4) feet in height, excluding the posts. The posts must be constructed of brick or stone. D. Visibility Triangle - All walls and fences located on a corner lot shall comply with any applicable Visibility Sight Triangles as provided for in this Ordinance. Ord.2209 Page 3 E. Transverse Frontage Lots - When the rear yard of a first lot abuts the side yard of a second lot, no fence on the first lot shall encroach into the side yard adjacent to the street unless the fence complies with paragraph "C" of this section. (see illustration #11) F. Reverse Frontage Lots - When the rear yards of two corner lots abut, fences may complying with this section may be constructed within the side yard adjacent to the street. (see illustration #12) Section 1027 Safety No screening wall or fence shall be constructed or maintained in a manner that wookI-endangers the health or safety of the general public. The following regulations are adopted for public safety. A. Barbed Wire Prohibited - Fences constructed of barbed wire, except for livestock fences, and walls topped with broken glass or surfaced with similar materials shall be prohibited. B. Security Fences - A security fence of not less than six feet in height may be topped by barbed wire only in the C-2 Commercial, 1-1 Light Industrial, and 1-2 Medium Industrial zoning districts. C. Electric Fences - Electric fences that are capable of causing harm or death shall be prohibited in the City. This shall not prevent the use of approved and listed equipment to charge single strands of wires for the purpose of animal or livestock control. Section 1028 Vehicle Storage Facility Screening In addition to the landscaping requirements of the zoning district, no Certificate of Occupancy shall be issued for a Vehicle Storage Facility until one of the following screening options has been satisfied. A. C-2 and OC Districts 1. A permanent masonry screening fence of not less than six feet in height shall be constructed along the property line adjacent to any public street right-of-way; or, 2. A wood stockade screening fence of not less than six feet in height shall be constructed within a landscaped buffer area which shall be parallel with the property line adjacent to any public street right-of-way. The landscaped buffer area shall contain not less than one-half of the required landscaped area and be irrigated and planted with shrubs, bushes, and/or trees facing the street right-of-way. The shrubs, bushes, and/or trees shall cover at least sixty percent of the fence. B. 1-1 and 1-2 Districts A chain link fence of not less than six feet in height shall be constructed along the property line adjacent to any public street right-of-way. 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality Ord.2209 Page 4 shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 4. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 12TH DAY OF JUNE, 1997. ;)-~~ ~It~ Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF JULY, 1997. ATTEST: @atU&¡~ City Secretary City of North Richland Hills, Texas Attorney for the City Ord.2209 Page 5