University Park City Zoning Code
ARTICLE 8
Fences, Walls and Screening
§ 8.1 Applicability.
The regulations of this article apply to all fences, walls and equipment screening installed after December 1, 1980.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.2 Prohibited Locations.
8.2.1
A fence, wall, screen or retaining wall may not encroach upon any public property, right-of-way or easement except by prior written approval by the city council, with the consent of any public utility or other public or private agency or entity having an interest in or right to use any such public property, right-of-way, or easement. Written approval of all affected public and private entities must be submitted to the community development director with the revocable license application.
8.2.2
All fences must be maintained in a vertical plane so as to not overhang or encroach upon any public property, right-of-way, or easement.
8.2.3
No portion of a fence, wall, screen, or retaining wall may be constructed or be allowed to remain in a position that will cause an obstruction or interference with the minimum sight line standards of Section 12.01.012 of the Code of Ordinances, or constitute a visibility hazard for any street, alley, or sidewalk.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.3 Fences and Walls; General Regulations.
8.3.1
All fence, wall, and screen heights, including any allowed ornamentation, must be measured vertically from natural grade along the nearest property line adjacent to the fence, wall, or screen. Fences, walls, and screens may need to step or slope along the property line in order not to exceed the maximum allowable height.
8.3.2
Columns, posts or supporting structures may extend a maximum of 6 inches above the adjoining screening surface of a fence or wall.
8.3.3
Lights, lamps, or any type of ornamentation mounted on any column, post, or supporting structure of a fence or wall may extend a maximum of 12 inches above the adjoining screening surface of such fence or wall. Such column, post or supporting structure and ornamentation shall not exceed a maximum of 9 feet in height.
8.3.4
Any combination or element of fence and retaining wall may not exceed a maximum of 8 feet in height in any location. To be considered a retaining wall, the wall must retain earth on one side. Any portion of the wall that does not retain earth will be considered part of a fence.
8.3.5
Fences or walls erected or located adjacent to or abutting on any structure or surface, constructed in such a manner so as to provide a raised or built-up surface higher than the grade or ground level of the fence line of the screening portion of a fence or wall, such as, but not limited to wood decks, patios, berms, pool decks, etc., may not exceed 8 feet in height and such height shall not be measured from any such built-up or raised surface.
8.3.6
Fences and walls located within the buildable area of the subject lot (i.e., outside required setbacks) are subject to applicable building height limits. They are not subject to fence/wall height limits.
Figure 8-1: Fence/Wall Height Measurement  |
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.4 Fences and Walls in Residential Districts.
8.4.1
Front Yard.
Fences and walls may not be constructed in the front yard in residential zoning districts, forward of the front wall of the main structure, except in the following circumstances:
A.
Decorative metal fencing and masonry walls not exceeding 5 feet in height, architecturally attached to the main building and extending not more than 6 feet into the front yard;
B.
Edging for flower or landscaping beds that does not exceed 12 inches in height;
C.
Retaining walls and masonry walls not exceeding 2 feet in height above the average natural grade of the front yard;
8.4.2
Side Yard.
A.
Fences or walls erected along an interior side lot line (between abutting) properties may not exceed 8 feet in height.
B.
Fences or walls erected along a street side lot line (corner lot) may not exceed 8 feet in height. However, if the existing grade of the lot slopes toward the street in such a way that a retaining wall is necessary, the maximum height of the retaining wall and fence in the street side yard behind the front building line may be up to 10 feet in height when measured from the adjacent grade on the street side, provided that the fence portion may not exceed 8 feet in height. Building up the ground surface or otherwise modifying the grade of a lot to justify the need for a retaining wall is prohibited. When fences or walls are built atop retaining walls, there must be a clear visual demarcation between the top of the retaining wall and the bottom of the fence or wall. Such demarcation may be provided in the form of different materials or a horizontal break between the retaining wall and the fence or wall or other technique approved by the community development director.
C.
Fences or walls erected on sloping ground may be stepped or constructed to adjust to grade, provided the maximum height does not exceed 8 feet.
D.
Fences or wing walls erected in a required side setback may not exceed 8 feet in height.
8.4.3
Rear Yard.
A.
A fence or wall constructed along a rear property line may not exceed 8 feet in height.
B.
When the existing grade of a lot slopes toward an abutting alley in such a way that a retaining wall is necessary for construction of a new fence, the maximum height of the retaining wall and fence located in the rear yard shall not exceed 10 feet in height when measured from the abutting grade on the alley side, provided the fence portion does not exceed 8 feet in height. Building up the ground surface or otherwise modifying the grade of a lot to justify the need for a retaining wall is prohibited.
Figure 8-2: Fences and Walls in Residential Districts  |
8.4.4
Special Exception for Front Yard Fences.
A.
SF-1 District.
1.
The board of adjustment is authorized to approve front yard fences on SF-1-zoned lots, in accordance with the special exception procedures of Section 9.6, if the board of adjustment determines that the proposed fence will not be contrary to the public interest and will comply with all applicable regulations of this subsection.
2.
Front yard fences may be approved only on SF-1 zoned lots.
3.
Front yard fences in SF-1 districts may not exceed 6 feet in height above grade at any point.
4.
Front yard fences must be constructed with openings of not less than 50% of the total area of the fence (maximum 50% opacity).
5.
Front yard fences must be dark in color, either black or dark green.
6.
Front yard fences in SF-1 districts must be constructed of a solid material, except wood or any wood product.
8.
The special exception application for a front yard fence must also be accompanied by a landscape plan showing that the fence will be screened from view from any adjoining property by landscape material greater than 6 feet in height and planted on centers close enough to maintain a complete screening of the fence at all points, and including an irrigation system for such landscape materials, with:
a.
A recordable, written covenant executed by the property owner that the landscape material will be irrigated and maintained at all times as a condition to continuance of the special exception; and
b.
Written approval of the design of fence gates by the University Park Fire Department, which design must include a plan for access to the property through such gates in the event of fire or other emergency.
9.
As an alternative to a fence screened by landscape material, the board of adjustment may approve an open, wrought-iron or wrought-iron appearance fence under the following conditions:
a.
The fence must be kept in an “open” state that is not screened by a landscape barrier or hedge;
b.
The fence must be black or dark green metal picket fence, with brick column construction;
c.
The brick columns must be no greater than 2 feet in width;
d.
The fence must be constructed with openings of not less than 75% of the total area of the fence (maximum 25% opacity);
e.
The fence may not exceed 6 feet in height above grade at any point;
f.
The fence may be installed upon a brick “knee” or base wall, not exceeding 2 feet in height.
10.
Gates and columns abutting driveways in front yard areas may not exceed 8 feet in height above grade, including any light, lamp fixture, capstone, or other ornamentation mounted on the top thereof.
B.
SF-2 District.
1.
The board of adjustment is authorized to approve front yard fences on SF-2-zoned lots, in accordance with the special exception procedures of Section 9.6, if the board of adjustment determines that the proposed fence will not be contrary to the public interest and will comply with all applicable regulations of this subsection.
2.
Front yard fences may be approved only on SF-2-zoned lots adjacent to and facing the Dallas Country Club.
3.
Front yard fences may be approved only on SF-2-zoned lots with a minimum area of 14,500 square feet.
4.
Front yard fences may not exceed 8 feet in height above grade at any point.
5.
The fence must be constructed with openings of not less than 75% of the total area of the fence (maximum 25% opacity);
6.
Front yard fences must be dark in color, either black or dark green.
7.
Front yard fences must be constructed of metal rails and pickets.
9.
The special exception application for a front yard fence must be accompanied by written approval of the design of the fence gates by the University Park Fire Department, which design must include a plan for access to the property through such gates in the event of fire or other emergency.
8.4.5
Trash and Recyclables Storage.
Storage areas for trash and recyclable material receptacles must be provided in residential districts, as follows:
A.
Storage areas must be located completely on private property
B.
Storage areas must be unobstructed and have width of at least 5 feet and a depth of at least 3 feet. The property owner is responsible for providing a larger unobstructed storage area adequate in size for the approved trash and recycling receptacles generated by the occupants of the property.
C.
Storage areas must be located parallel to and abutting an alley.
D.
Storage areas must be installed when a new permit is issued for the installation of a new fence, or for the repair of an existing fence.
E.
Insets or other areas provided for storage of receptacles on private property must be completely unobstructed and easily accessible for collection from an alley right-of-way.
F.
Receptacles must be placed on a level surface, no more than one foot above the grade of the alley pavement.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20; Ordinance 24-021 adopted 8/6/2024)
§ 8.5 Fences and Walls in UC, O, GR, RC, SC, C and PD Districts.
Fences in UC, O, GR, RC, SC, C and PD districts may not exceed 8 feet in height in rear or side yards and may not be installed in front yard areas forward of the front wall of the main building (see also Section 3.4).
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.6 P District Walls.
See Section 4.4.3.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.7 Construction Fences.
8.7.1
Construction fences are required around all residential sites upon which new construction, remodeling, alterations or building additions are occurring.
8.7.2
No signs with a commercial message are permitted on construction fences or barriers.
8.7.3
The community development director is authorized to waive the requirement for residential construction fences if the director determines that the proposed remodeling, alteration or addition will not adversely impact adjoining properties due to construction debris, traffic or other associated conditions.
8.7.4
Required construction fences must be at least 6 feet in height, with openings in the fence not exceeding 6 square inches. The community development director is authorized to require that construction fences be of a solid construction to ensure the safety of the public.
8.7.5
Gates in construction fences, when open, may not obstruct public sidewalks or alleys and must be locked when construction activities are not being conducted.
8.7.6
Temporary construction fences must be removed upon completion of the exterior of the facility and removal of construction debris, before final grading of the lot.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.8 Tennis Court Fences.
Fences or walls that exceed 8 feet in height must be set back from any front, side or rear lot line by at least 2 feet for every one foot that the fence or wall exceeds 8 feet in height.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.9 Swimming Pool Enclosures.
A.
General.
All lot owners and tenants of lots on which a swimming pool, spa, or hot tub is located must maintain, at all times, a fence, wall, or other structure that completely surrounds the swimming pool, spa, or hot tub. Such fence or wall must comply with the regulations of this section (see also Section 5.3.10).
B.
Building Permits.
1.
A building permit must be obtained before the construction of a swimming pool, spa, or hot tub and before the installation of a fence around such pool, spa, or hot tub.
2.
As part of the permit procedure, the contractor of the swimming pool, spa, or hot tub and the contractor for the fence must sign an agreement acknowledging that they understand and agree to the conditions of this section.
3.
The property owner must agree, as a condition of the permit, to:
a.
Maintain in good working order the fence, gates, and doors granting access to the pool area from the outside, as prescribed in this section;
b.
Authorize city inspectors to make periodic or special inspections of the pool area to determine if all provisions of this section are being maintained; and,
c.
Agree to make whatever adjustment, repairs, or replacement to the fence, gates, or doors leading to the pool area as required by the inspector to conform to this section.
C.
Regulations.
1.
A fence, wall or other structure at least 6 feet in height must completely enclose the swimming pool, spa, or hot tub, and must have horizontal supporting members located on the inside or pool side and be designed so as to not allow children to climb such fence, wall or structure. A fence, wall or structure enclosing a swimming pool, spa, or hot tub may not have any openings, other than doors or gates, larger than 4 square inches. Fences comprised primarily of vertical members (i.e. picket type or wrought iron) may not have openings between members, measured horizontally, greater than 4 inches.
2.
All gates in a fence or wall enclosing a swimming pool, spa, or hot tub, and leading into the pool, spa, or hot tub area, must be single type, personnel gates not exceeding 48 inches in width, and be:
3.
Double gates, sliding gates, or automated gates across driveways or parking areas do not satisfy the gate requirements of this section.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.10 Municipal Facility Fences.
Fences and walls constructed on or around municipal facilities may be constructed in the required front yard and may exceed required heights when deemed necessary for the safety or protection of the facilities.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.11 Materials.
A.
Permitted.
Except as otherwise expressly stated in this zoning ordinance, fences, walls, screens, and retaining walls may be constructed of wood, masonry, concrete, wrought-iron, or chainlink. The community development director may approve the use of alternative materials, provided that the material offered is at least the equivalent of the above-prescribed materials in suitability, strength and durability. The community development director must require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding use of an alternative material.
B.
Prohibited.
No fence, wall, screen, or retaining wall may be constructed of barbed wire, razor wire, ribbon wire, sheet metal, wire mesh, or any other similar material. No fence, wall, screen, may be electrically charged.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 8.12 Inspection and Maintenance.
A.
Inspections.
All fences, walls, screens, or retaining walls must be inspected upon completion by the building inspection department. It shall be the duty of the permit holder to make a request for inspection to the department within 3 days after the work has been completed.
B.
Maintenance.
All fences, walls, screens, or retaining walls constructed under the provisions of this article must be maintained so as to comply with the requirements of this article at all times. Such structures must be maintained by the owner or person in charge of the property in as near as possible the same condition as when such structure was erected, and must be maintained at a minimum. as follows:
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)