The erection of a fence is not mandatory, with the following exceptions in which it is required:

A.

As required to enclose a swimming pool area;

B.

As required to enclose a day care center play area;

C.

As required by other applicable sections of this UDC.

D.

Residential Subdivision Perimeter Fencing

Fences that are constructed shall comply with the following regulations:

8.1.1 Fence Location

A.

Fences may be built on or along property lines in all districts. Fences may be installed within a residential district on the property line at a corner lot adjacent to a public street, provided there is no visual impairment of motorists and pedestrians per clear sight triangle requirements (UDC Section 18.14), provided there is a visual clearance of as defined by Article 18 of this UDC and provided there is no interference with utility and/or drainage easements.

B.

Fences may be built across other areas of private property, provided that the fence is not taller than any intersecting fence and in no case taller than eight (8') feet in total height.

C.

Fences cannot cross onto any public or private property and may not block access to any fire hydrant or utility meter.

D.

As required by state and/or Federal Agencies (i.e. TCEQ requirements for fencing around water or sewer plants).

E.

The City does not permit fences in floodway areas as designated on FEMA's flood boundary and floodway map. The lone exception for fencing in a floodway area will be a break away fence type as approved through the City Engineer.

8.1.2 Maintenance

A.

The property owner must maintain a fence or fences in compliance with the below requirements including but not limited to the following maintenance standards:

1.

The owner or person in control of property adjacent to an intersection where a traffic control device is erected shall not permit vegetation, fences or other structures to obstruct any such intersection.

2.

Any vegetation, fence or other structure in excess of twenty-four (24") inches above the roadway within the clear sight triangle is hereby declared to be a public nuisance and a traffic hazard. In the event the developer, owner, tenant, lessee or agent fails to remove or remedy the condition within ten (10) days after notice has been served by the City, the City may do as necessary to remove or remedy the condition or cause same to be done, may issue a citation for violation of said offense and may charge the expense incurred in removing the violation to the developer, owner, agent or lessee of the subject lot or parcel.

3.

The owner or person in control of the property must maintain the integrity of the fence and the space between the fence and property line.

4.

A fence must not lean more than one (1) inch of vertical for each foot of height, as measure from the top of fence.

5.

The owner must replace broken, damaged, removed or missing parts of a fence within ten (10) days of, the day the owner received notice from the Chief Building Official, Code Enforcement Officer or designee, with the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made. The City does not require a permit for repairs as defined in this section.

The Chief Building Official, Code Enforcement Officer or designee, may, upon written notice from the owner that unusual circumstances prevent timely repair of a fence, extend the replacement time as required. The Chief Building Official, Code Enforcement Officer or designee, must not extend the replacement time longer than 30 days. The owner requesting a replacement time extension must provide the City a written scope and schedule detailing materials and estimated time of the completed replacement for approval.

6.

Owners must maintain their fences in sound condition as a whole or completely remove them, including post(s).

7.

Property owners must regularly paint fence supports, gates, structural members and exterior surfaces to prevent rusting, peeling or blistering surfaces.

8.

Owners must make the repairs/maintenance in complete sections extending a minimum of support post to support post. If The Chief Building Official, Code Enforcement Officer or designee, determines the extent of the repair on any existing fence (materials in noncompliance) is more than fifty (50%) percent of the total fence, then the owner must replace the entire fence with material approved per this Section of the UDC. The City will use a rolling twelve (12) month period to determine if over fifty (50%) percent of a fence has been repaired.

B.

Requirements for a nonconforming fence, wall, gate and or column

Replacement of legal nonconforming fences, walls, gates and columns must be subject to the requirements of this Section of the UDC.

1.

The City does not require a permit if:

a)

Repair of short sections of legal nonconforming fences, walls, gates or columns, when repairs are less than two fence panels or a maximum of sixteen (16) feet; or

b)

Replacement of fence does not exceed fifty (50%) percent of the total fence length;

2.

The replacement of any nonconforming structure must be prohibited if the Chief Building Official, Code Enforcement Officer or designee determines that a public safety hazard exists, or the City Engineer determines that the structure encroaches into an easement or public right-of-way.

8.1.3 Fence Height and Types

A.

Fences constructed in the front yard of properties in the SF-3 through SF-5 districts must be three (3') feet or shorter; however, fences in the front yard may be increased by one (1') foot if it is decorative and is less than sixty (60%) percent opaque.

B.

Fences constructed in the front yards of properties in the AG, SF-1 and SF-2 districts must be three (3') feet or shorter within twenty-five (25') feet of a front property line. The height of fences within twenty-five (25') feet of a front property line in AG, SF-1 and SF-2 districts can increase to a height of five (5') feet provided that the fence is not opaque. A decorative wrought iron fence or chain link fence are examples of permitted five (5') foot fences. In the AG district, the use of wire fencing, including barb wire fencing, is permitted. Barbed wired fencing is not permitted in any Single-Family district.

C.

In the C-4 and Industrial zoning districts, the use of chain link fencing shall be permitted except where C-4 and Industrial districts adjoin or face residential districts or institutional uses, in which case the buffer yard requirements would be applicable. The use of chain link fencing along public rights-of-way that face lower intensity zoning districts shall be prohibited, unless such fencing is located behind an opaque landscape hedge or berm.

D.

Within an industrial park, the height of chain link fencing can be increased by three (3') feet to allow wire security fencing, such as barb wire. The use of razor wired fencing and concertina razor wire fencing shall be expressly prohibited, unless such fencing is a requirement of the State of Texas or U.S. Government for certain security purposes.

E.

Fences in all other yards may not exceed eight (8') feet in total height.

8.1.4 Building materials

A.

Fences must be built of wood, metal, bricks, or masonry. If masonry fencing is used, a decorative finish, such as stucco or split faced block must be used. Chain link fencing is prohibited in the C-1, C-2 and C-3 and Mixed-Use Districts. Chain link fencing may be used in the C-4, I-1 and I-2 districts along property lines that do not border or face any residential or institutional uses zoning district.

Composite fencing such as TREX or alternative proposed materials that are comparable in nature may be proposed subject to the review and approval of the Planning and Engineering Director or designee.

B.

Only two or less materials may be used to construct a fence.

C.

Wood fences should be rot resistant.

D.

The use of barbed wire, electrically charged wire, chain link with slats, razor wire or other sharp-edged surfaces on fences within residential zoning districts is prohibited, unless required by any law or regulation of the City, the state or any agency thereof.

E.

Finished sides of fence posts must face opposite private or public property.

8.1.5 Residential Subdivision Perimeter Fencing

A.

Legislative Findings and Purpose.

The City Council finds that it is necessary for the public welfare to impose standards to improve and preserve the quality of a subdivision's perimeter fences in residential neighborhoods in order to avoid blighting influences on neighborhoods and public safety problems.

B.

Applicability.

The requirements of this subsection apply only to fences located along the perimeter of a tract or parcel subject to an application for subdivision plat approval which adjoins a collector or arterial street or a platted multiple lot residential subdivision that adjoins a collector or arterial street.

C.

Standard.

A fence constructed of wooden boards shall include at least one (1) of the following architectural or landscaping elements for every fifty (50) linear feet:

1.

An offset or column extending at least twelve (12") inches vertically and six (6") inches horizontally from the remainder of the fence;

2.

A Minimum of thirty-three (33%) percent masonry from ground elevation at proposed fence line. or

3.

Climbing vines, shrubs or trees shall be planted along the base of that portion of the fence that fronts a public street. The remaining setback area between the fence and property line shall be landscaped with grass or other low ground cover. All plants shall be irrigated and maintained. Only living vegetation may be used to meet these landscaping requirements.

D.

All perimeter fences, as defined above, shall be maintained by a homeowner's association (HOA) so as not to create a hazard, public nuisance or blight in the surrounding neighborhood. Where no HOA exists or is inactive, maintenance shall fall on the individual property owner.

8.2 Screening of Mechanical Equipment, Trash Areas, and Loading and Service Areas

8.2.1 Mechanical Equipment and Trash Storage Areas

All mechanical equipment, trash storage areas, layaway containers, semi-trailers and bale and pallet storage areas built within Multi-family and Commercial zoning and Mixed-Use Overlay Districts shall be fully screened from public view. This shall include equipment mounted on the roof, ground or otherwise attached to the building or location on the site. The following standards shall be met:

A.

Mechanical Equipment Screening.

1.

Ground Mounted Mechanical Equipment

Mechanical equipment and similar items shall be fully screened from public view to a height equal to or greater than that of the mechanical equipment with a masonry screening wall constructed of like and similar materials to those of the primary structure.

2.

Roof-Mounted Equipment

a.

Mechanical equipment and similar items mounted to the roof of a structure shall be fully screened on four sides to a height equal to or greater than that of the mechanical equipment;

b.

Said screen shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure;

c.

Portions of elements that extend more than five (5') feet above the roof elevation shall be set back one (1') foot of height for each one (1') foot of height they exceed the roof elevation.

B.

Trash Receptacle (Dumpster and Trash Compaction) Screening.

1.

Trash receptacles shall not be placed in a yard which abuts a public ROW unless deemed a corner lot. For corner lots, trash receptacles are allowable on the lower ROW classification side provided adequate vegetative screening is provided in excess of the below masonry screening.

2.

Trash receptacles shall be fully screened by an eight (8') foot screen constructed of masonry materials of like and similar materials to those of the primary building elevations majority material on three (3) sides and an opaque gate on one (1) side.

3.

Trash receptacles must be placed be a minimum of five (5') feet from property line.

C.

Categories of Outdoor storage and display per Article 9, such as an outdoor garden center or seasonal lay away areas, are permitted provided that outdoor storage area is completely enclosed within a decorative fence mounted on a knee wall and is screened. The use of a mesh cloth or shade cloth for screening is acceptable provided that the color of the cloth is complementary to the colors of the building. The use of chain link fencing to enclose such areas shall be prohibited, except at the rear of buildings where the back of the said building is fully screened or buffered.

8.2.2 Loading and Service Areas

A.

Loading and service areas shall be located at the side or rear of the primary structure.

B.

A minimum eight (8') foot solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. The screening wall shall also be provided adjacent to any property zoned or planned for residential use as specified by the City's Future Land Use Plan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of masonry materials that are of like and similar materials to those of the primary structure. Screening walls constructed to meet other provisions of this UDC (i.e. buffering and landscaping requirements) may be counted toward this requirement provided that the spirit and intent of this section is satisfied.

C.

The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required.

8.3 Exterior Design Requirements

8.3.1 Exterior Building Materials (refer to Appendix C)

A.

It is encouraged that all primary and accessory buildings constructed in the MF-1, MF-2, C-1, C-2, C-3, C-4, Mixed Use, and PF zoning districts and non-residential buildings, such as schools and churches, in residential zoning districts, shall have all exterior walls clad in brick, stone, stucco, tile, cultured stone or split faced block for one hundred (100%) percent of the wall area, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walkway covers. Additionally, if the exterior of the building is to include building accents such as, but not limited to, decorative metal, clay and/or concrete tiles, standing seam metal, exterior insulation finish system (EIFS), decorative cast stone, and block glass, it is recommended that such accents do not exceed fifteen (15%) percent of the total exterior wall surface area.

Building designs should incorporate accent materials that are typical of South-Central Texas and Cibolo, such as, but not limited to, standing seam roofs, decorative stone (limestone) and the like. These accents can be used in wainscot, pilaster, and vestibule design elements. Reference UDC Appendix C for additional details.

B.

It is encouraged that all primary and accessory buildings constructed in the I-1 and I-2 zoning districts, shall have all exterior walls clad in brick, stone, stucco, tile, cultured stone or split faced block for one hundred (100%) percent of the wall area, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walkway covers for facades visible to the public right-of-way and where adjacent to any residential zoning district. Additionally, if the exterior of the building is to include building accents such as, but not limited to, decorative metal, clay and/or concrete tiles, standing seam metal, exterior insulation finish system (EIFS), decorative cast stone, and block glass, it is recommended that such accents do not exceed fifteen (15%) percent of the total exterior wall surface area.

Building designs should incorporate accent materials that are typical of South-Central Texas and Cibolo, such as, but not limited to, standing seam roofs, decorative stone (limestone) and the like. These accents can be used in wainscot, pilaster, and vestibule design elements. This level of design shall wrap around façade corners visible from the right-of-way and any residential zoning district.

C.

If encouraged exterior building materials are used, developer may be granted reductions to items such as but not limited to: landscaping, buffering and/or parking for overall development. Reductions will be approved per the Planning and Zoning Commission.

8.3.2 Exterior Architectural Elements

The following architectural elements shall apply to all buildings constructed in the MF-1, MF-2, C-1, C-2, C-3, C-4, Mixed Use and PF zoning districts and all non-residential buildings within any residential zoning district for building elevations that front on any public street.

A.

Windows (Fenestration)

1.

Windows shall be provided with trim.

2.

Windows shall not be flush with exterior wall treatment.

3.

Windows shall be provided with architectural treatments, such as mullions.

4.

Total transparent windows shall comprise a minimum of twenty percent (20%) of the gross square footage of exterior building elevations or a transparent opening shall be provided every fifteen (15'), feet measured from jamb to jamb or the edge of the building.

B.

Building Colors

Primary exterior wall colors shall be compatible with the colors of buildings on surrounding properties. Where no surrounding color pallet exists, primary building colors should be earth tones and other colors typical for South Central Texas. City Council has approved exterior colors based on the Sherwin Williams Historic Color Palette https://www.sherwin-williams.com/homeowners/color/find-and-explore-colors/paint-colors-by-family#/section/historic found in UDC Appendix page 1. Fluorescent colors are prohibited. Colors used on roof materials are encouraged to contrast exterior building colors. Building elevations showing the proposed exterior wall and roof colors shall be submitted with the site plan application at the time of new construction as provided for by UDC Article 12.

For commercial, Industrial and Institutional buildings that exist as of the passage of this section, upon the repainting and/or alteration of any structure, the paint and material color shall comply with Section B above and be submitted for review and approval by the Planning Director or designee.

C.

Vestibules/Canopies

1.

Building entrances, vestibules and windows shall be accentuated with a canopy, awnings, upgraded building material or other accents to provide attractive building articulation elements.

2.

Canopies shall be constructed of marine fabric or like materials;

3.

Canopies shall be discontinuous.

4.

Canopies must provide a minimum vertical clearance of eight (8') feet above sidewalks and pedestrian circulation areas.

D.

Vertical and Horizontal Articulation

1.

The building design must provide for vertical and horizontal articulation. Said articulation may be achieved using architectural elements such as reveals and shall address the visual impact of long uninterrupted walls. No uninterrupted length of any façade shall exceed one hundred (100') feet. A minimum of two (2) of the following elements must be included:

a)

Variation in color and materials;

b)

Wall plane projections or recesses having a depth of at least three (3%) percent of the length of the façade and extending a minimum of twenty (20%) percent of the length of the façade not to exceed one hundred (100') feet;

c)

Variation of a minimum of two (2') feet in height of parapets. Variation to parapet height may include pilasters and projected raised entrance features:

i.

Pilasters projecting from the plane of the wall by a minimum of sixteen (16") inches. The use of pilasters to interrupt horizontal patterns such as accent banding is encouraged;

ii.

Repetitive ornamentation including decorative applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of fifty (50') feet.

d)

Exposed Columns (Structural or Decorative) - Exposed columns shall be constructed or clad with a material that is of like and similar material to that of the primary structure.

E.

Roofs

1.

Pitched Roofs.

Pitched roofs shall have a minimum slope of seven (7) feet of rise for every twelve (12) feet of run (7:12). Installed roofing shingles must consist of dimensional shingles with a minimum manufacturers rating of thirty (30) years. Roofing systems or materials exceeding the standards established herein may be used pursuant to approval of the Chief Building Official, City Engineer or designee;

2.

Flat Roofs.

Building walls shall extend to parapets that enclose the roof area. Said parapets shall be of a sufficient height and accented with crown molding to fully screen the roof and any mechanical equipment located on the roof;

3.

Pump islands and canopies for uses selling gasoline shall be subject to these design requirements.

F.

Plaza or Public Space

1.

Projects in the C-1, C-2, C-3, C-4 and Mixed Use zoning districts that involve a gross floor area in excess of forty thousand (40,000) square feet shall provide one (1) square foot of plaza or public space for every ten (10) square feet of gross ground floor area. Plazas or public spaces shall incorporate at least three (3) of the following six (6) elements:

a)

Sitting Space - a minimum of one (1) sitting space for each two-hundred and fifty square feet shall be included in the plaza. Seating shall be a minimum of sixteen (16") inches in height and thirty (30") inches in width. Ledge benches shall have a minimum depth of thirty (30") inches.

b)

A mixture of areas that provide shade.

c)

Trees in proportion to the space at a minimum of one (1) tree per eight hundred (800) square feet.

d)

Water features or public art.

e)

Outdoor seating areas or food vendors or raised landscape planters/seating.

f)

Public areas may be located next to buildings or at any location on the site. This requirement can also be satisfied by preserving stands of existing trees, wetland and greenspace along streams or as a part of storm water detention filtration areas.

G.

City Planner Discretion

The City recognizes that all projects and buildings have unique attributes that do not readily allow for complete compliance with all aspects of the requirements of this Article. In those instances, the City Planner is authorized to attempt to find design solutions that will satisfy the general spirit and intent of this Article. If a solution cannot be found relative to any requirement in Section 8.1 or 8.2, the request shall be heard by the Board of Adjustment as a variance, with the applicant required to follow all variance procedures and fees described in Article 4 of this UDC. If the issue pertains to a requirement in Section 8.3, the applicant can request an appeal of the interpretation of the City Planner/or color variance to the Planning and Zoning Commission. The appeal of interpretation and color variance request will also follow all procedures and fees as described in Article 4 of this UDC.

Should the Planning and Zoning Commission or Board of Adjustment deny the appeal/color variance, the applicant has ten (10) business days to file an appeal with the City Planner to request City Council consideration of the appeal/color variance.