Wilmer City Zoning Code
§ 21
SUPPLEMENTARY DISTRICT REGULATIONS.
A.
SCREENING ELEMENTS AND FENCES.
In order to provide maximum safety to pedestrians and motorists at intersections and at ingress and egress points from public streets, highways, and alleys to private property, to conserve and protect aesthetic views and vistas, to secure hazardous areas from unauthorized entry, to contain livestock and other agricultural activities, and to screen and protect permitted outside materials storage areas, the following regulations are prescribed for the location, type, and height of regulated required and nonrequired screening elements and fences. The terms “screening element” and “fence,” as used herein, are defined in Section 4.
(1)
Traffic Visibility at Intersections.
On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2-1/2) feet and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twenty (20) feet from the point of the intersection.
(2)
Traffic Visibility at Interior Lots.
On an interior lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property.
(2.1)
Construction and maintenance standards for all types of fences - All Districts.
(a)
A permit shall be required for all fences, screening walls, living screens and other types of screening devices. It shall be the property owner's responsibility to submit a dimensioned site plan drawing, elevation views, detailed product specifications, as such may be required by the City, along with a fence permit application that clearly shows proposed location(s) and the materials and colors to be used for the fence, wall or screening device.
(b)
All fences and walls, regardless of location, shall be predominantly one color which is a hue of brown, grey, beige, dark green, brick/masonry red, white or black, as such color is natural and intrinsic to the material used, or shall be an earthtone color as such term is defined by this ordinance. A secondary, accent color, earthtone or not, may be used for the posts, post caps, cross-members, and decorative elements on a fence provided that such accent color does not exceed 20% of any publicly visible surface of the fence as measured in elevation views.
(c)
In any zoning district, an electric fence may be located only within the side and rear yard, all electrified components must be located a minimum of 24" inside of another fence (which must be a minimum of 36" in height), the electric fence charging device must be approved by a nationally recognized testing laboratory, and the fence shall otherwise comply with all other applicable City codes.
(d)
In any zoning district, an underground, wireless "virtual" fence may be used in a front, side or rear yard provided that no components are above ground, and provided that such wireless fence adequately contains any livestock or other animals on the premises.
(e)
All fences and walls shall be maintained such that no portion is allowed to lean so that the fence's axis is more than 5° out of perpendicular alignment with its base, and such that no portion is detached at any point from its supporting posts or has missing, loose or broken posts, pickets, slats, panels, columns, bricks or other components.
(f)
No signs, banners, symbols, writings, graffiti, messages, logos or other forms of communication shall be allowed on any fence or wall other than such as may be allowed in the City's Sign Ordinance [Article 3.04].
(g)
No fence, wall or other screening device shall be allowed to encroach into any public right-of-way, any easement, or onto any other adjacent property.
(h)
No fence, wall or other screening device shall be allowed to impede physical access to any type of utility meter (i.e., gas, electric, water, etc.) or a premises' U.S. Postal Service mail delivery point (i.e., mailbox, mail slot, etc.).
(i)
Dual fences (i.e., paralleling fences or walls that are located closer than 3' to each other) are prohibited unless specifically authorized by a variance granted by the zoning board of adjustment.
(j)
Wood fences shall be constructed of fencing-grade white wood or cedar pickets and minimum 4" by 4" pressure-treated posts (or galvanized metal posts) that are set at least 24" deep in concrete, at a maximum spacing of 8' on center. Landscape timbers shall not be used as fence posts. A minimum 2"x6" pressure-treated kick-board shall be provided along the bottom, with the pickets resting on top of it and not touching the ground. All pickets shall be secured to all runners with at least two galvanized ring-shank nails (or screws) per runner.
(k)
Existing nonconforming fences - all districts:
(i)
An existing fence that is located within any zoning district, as of the effective date of this Ordinance 14-0605, shall be allowed to remain (and be maintained) as it exists, provided it conforms with all standards in Subsections (e) through (i) above. Eventual replacement of existing fences shall be in accordance with all provisions of this Section 21, and with all other applicable provisions within the Zoning Ordinance and the City's Code of Ordinances.
(3)
Residential Districts – General.
(a)
Screening elements and fences shall be restricted to a maximum height of eight (8) feet, measured from the adjacent grade line, except as otherwise allowed.
(b)
Nonresidential uses in a residential district shall be suitably screened from view, to a height not less than six (6) feet of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use. Said screening requirements shall not be mandatory for public schools, parks or churches, except where a parking lot of active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Parking lot screening need not be more than three and one-half (3-1/2) feet in height. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use.
(c)
Where a multifamily use abuts a one- or two-family district, the side and rear property lines of said multifamily district shall be suitably screened from view, to a height not less than six (6) feet, of any adjacent dissimilar residential dwelling or lot.
(d)
Garbage, refuse, and trash collection/storage areas in any multifamily development or other nonresidential use permitted in a residential district shall be enclosed on at least three (3) sides by a dense screening element to adequately screen such area from view of the surrounding area.
(e)
[Reserved]
(f)
No screening element comprised of brick, masonry, concrete, or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage-way, within the easements reserved therefor.
(4)
Nonresidential Districts – General.
(a)
Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use, to a height not less than six (6) feet.
(b)
Where a district boundary separating a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use, or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet.
(c)
Where garbage, refuse, and trash collection/storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height.
(d)
In all districts where open space is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height.
(e)
Off-street loading areas shall be adequately screened from view of any residential dwelling or any other adjacent residential land use.
(f)
No screening element comprised of brick, masonry, concrete, or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage-way, within the easements reserved therefor.
(g)
All required screening elements shall be permanently and adequately maintained by the nonresidential property owner.
(4.1)
Fences within front yards — all districts.
(a)
No screening element or fence shall be erected, placed, or planted beyond the front building line of any permitted building in a residential or nonresidential district, either on a corner lot or interior lot, unless otherwise allowed by this Section 21.A(4.1), or as may otherwise be allowed as a zoning variance granted by the zoning board of adjustment.
(b)
Front yard fences in residential districts (SF1, SF2 and MH):
1.
Fences may be placed in the front yard building setback, provided that all of the following criteria are met:
a.
Maximum height: 48" (measured at top of predominant fence element), plus up to an additional 4" for the posts only.
b.
Maximum opacity: 50%.
c.
Allowed materials:
(i)
Ornamental metal (with a "wrought iron" look; posts set at least 18" deep in concrete at maximum spacing of 10' on center; no chicken-wire, hog-wire, livestock fence panels, etc.)
(ii)
Chainlink (only allowed if galvanized metal posts are set at least 24" deep in concrete, posts are at maximum spacing of 8 feet on-center, and fence is finished with both a "top rail" and a "smooth wire" along the bottom edge).
(iii)
Open wood pickets/lattice (natural or painted white, grey or brown).
(iv)
Open pickets/lattice made of PVC or recycled material (only if it looks like wood or ornamental ironwork)
(v)
Any of the above materials combined with masonry columns (maximum height of columns only: 52")
d.
Allowed placement:
Along front property lines (or anywhere within the front building setback area), provided that fence does not encroach into any public right-of-way, any easement, or any other adjacent property.
2.
For lots having two or more front yards (such as "key corner" lots, through lots, etc.), all of the above restrictions shall apply for all areas defined as front yards unless a variance is granted by the Board of Adjustment for a residential lot that backs directly onto a street (i.e., as in the case of a "through" lot).
3.
For properties that are larger than five acres within the SF1 zoning district, the height of a front yard fence can be up to 5' if its purpose is to contain livestock. Such fences shall be constructed of materials that are appropriate for the containment of livestock. For properties that are larger than one acre and smaller than five acres, livestock containment fences up to 5' in height may be allowed if other residential properties within 100' along the same side street frontage have livestock fencing.
4.
For properties that are larger than five acres within the SF1 zoning district, an electric fence that is intended to contain livestock may be incorporated into and attached to the fence supports/posts, and does not have to be placed at least 24" inside of the fence. All other regulations pertaining to electric fences shall apply.
(c)
Front yard fences in nonresidential and multi-family districts (MF1, O, C1, C2, I1 and I2):
1.
Fences may be placed in the front yard building setback for the following uses only:
2.
Fences placed within the front yard building setback for the above-listed uses shall conform with all of the following criteria:
a.
Maximum height: 8' (measured at topmost fence element), plus up to an additional 4" for the posts only; 10' maximum height is allowed in the I1 and I2 zoning districts only within side and rear yards (not within the front yard building setback).
b.
Maximum opacity: 50%.
c.
Allowed materials:
(i)
Ornamental metal (with a "wrought iron" look; posts set at least 24" deep in concrete at maximum spacing of 10' on center; no chicken-wire, hog-wire, livestock fence panels, etc.)
(ii)
Chainlink fencing (only allowed if vinyl-coated, galvanized metal posts are set at least 30" deep in concrete, posts are at maximum spacing of 10 feet on-center, and fence is finished with both a "top rail" and a "smooth wire" along the bottom edge); in the I1 and I2 zoning districts only, no vinyl-coating shall be required, and chainlink fencing shall only be allowed within side and rear yards (not within the front yard building setback)
(iii)
Open wood pickets/lattice (natural or painted white, grey or brown)
(iv)
Open pickets/lattice made of PVC or recycled material (only if it looks like wood or ornamental ironwork)
(v)
Any of the above materials combined with masonry columns (maximum height of columns only: 8'6", or 10'6" in the I1 and I2 zoning districts only within side and rear yards, not within the front yard building setback)
d.
Allowed placement for the uses specified in subsection c.1 above: along front property lines (or anywhere within the front building setback area), provided that fence does not encroach into any public right-of-way, any easement, or any other adjacent property.
(5)
Barbed Wire Fences.
(a)
Barbed wire fences used in conjunction with bona fide, permitted agricultural activities in any district are permitted on properties that are five acres and larger, but are expressly prohibited unless otherwise provided in this ordinance or as specifically provided below.
(b)
Barbed wire strands may be placed on top of permitted fences and screening elements in any district for the purpose of security from theft, entry, and hazard around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line.
(6)
Landscaping Requirements in C1, C2, I1, and I2 Districts.
(a)
The landscape setback (see Section 4) shall not be covered with any impervious surface or permeable pavers except private sidewalks connecting with public sidewalks and driveways.
(b)
All required setbacks, except that area actually occupied by permitted encroachments and all other open spaces on the site shall be landscaped and irrigated.
(c)
One street tree (see Section 4) with a minimum four (4) inch caliper trunk, shall be provided in the landscape setback for each thirty (30) linear feet of frontage on controlled access freeways, arterials or major collector streets.
(d)
One street tree, with a minimum three (3) inch caliper trunk, shall be provided in the landscape setback for each fifty (50) linear feet of frontage on all other public streets.
(e)
When on-site parking facilities exceed one tier in depth (stall-drive-stall), landscaping or parking lots shall be required at a ratio of one hundred sixty-two (162) square feet per twenty (20) parking spaces. This area shall be distributed throughout, and generally interior to the parking facility or clustered in medians and entranceways to maximize the impact of the landscaping.
(f)
The property owner shall be responsible for the regular weeding, mowing, irrigation, fertilizing, pruning, replacement, and other maintenance of all plantings to ensure that landscaping is maintained in a healthy growing condition.
(g)
In lieu of the requirements set forth in Section 21(6), a substitute landscaping plan may be submitted to the Planning and Zoning Commission for their approval. In approving such a plan, the Commission shall find that such a plan is as good or better than a plan in strict compliance.
(7)
The City Council of the City of Wilmer wants to allow construction of front-yard fences, following setback and code requirements to include that these fences cannot obstruct the visibility of any traffic, cannot be more than four (4) feet in height, [and] provides access to meter reading. The fence cannot extend beyond the building line, and four (4) feet from any other structure as specified by code. The fence must be cyclone to provide visibility.
B.
ACCESSORY BUILDINGS.
The following regulations shall govern the location, site, and use of any accessory building.
(1)
No accessory building shall be erected in any required yard area as stipulated in this ordinance, except as allowed in the following paragraphs.
(2)
No accessory building shall be erected within ten (10) feet of any other building, except detached residential garages may be located within five (5) feet of the main dwelling and except as the provisions of paragraph (5) below are met.
(3)
No detached residential garage or carport shall be erected or placed closer to any street or alley right-of-way line than the minimum yard requirements (building setback line) governing the district in which such garage or carport is located.
(4)
No detached residential garage or carport shall be erected or placed within eight (8) feet from any side lot line.
(5)
Residential accessory buildings and sheds housing domestic lawn and garden equipment and all other household effects may be detached or attached to the main building, but shall not encroach in any required front yard and may not occupy more than thirty percent (30%) of the rear yard.
(6)
No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises, as provided in the applicable zoning district.
(7)
No accessory building shall be higher than the main building and in no case be in excess of eighteen (18) feet in height.
(8)
No accessory building shall be erected or placed within five (5) feet of any side or rear lot line and shall not encroach upon any easement.
C.
FRONT YARD ADJUSTMENTS.
Front yard requirements as established in Section 22 [Section 20], “Schedule of District Regulations,” may be adjusted where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of ten (10) feet or less) a front yard greater or lesser in depth than herein required; new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
D.
PROJECTIONS OF BUILDINGS, STRUCTURES, AND APPURTENANCES INTO REQUIRED YARDS.
(1)
Open or lattice enclosed fire escapes may project into a required yard not to exceed five (5) feet. The ordinary projections of chimneys’ pilasters shall be permitted by the city’s building official when placed so as not to obstruct light and ventilation.
(2)
Terraces, balconies, decks, uncovered porches and ornamental features which do not extend more than four (4) feet from the side wall line and being at least seven (7) feet above the floor level of the ground (first) story, may project into a required side yard, provided these projections be a distance at least four (4) feet from any adjacent side lot line. Such features may not project onto a required front or rear yard more than eight (8) feet from the front or rear wall line.
(3)
An unenclosed porch containing not more than forty (40) square feet may project into a required front yard for a distance not to exceed five (5) feet.
(4)
A carport or canopy may project into a required side yard, provided every part of such carport or canopy is unenclosed except for necessary structural supports, and not less than five (5) feet from any side lot line.
(5)
Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding twelve (12) inches, or as otherwise excepted in paragraphs (1) through (4) above.
E.
PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT AND VEHICLES.
No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building, on a driveway, or in a required side or rear yard except that such equipment may be parked anywhere on a residential premises not to exceed twenty-four (24) hours during loading or unloading.
No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, except for the temporary housing of guests not to exceed two (2) consecutive weeks.
For the purposes of these regulations, major residential equipment is defined as including boats and boat trailers, travel trailers, pickup campers, or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting residential equipment, whether occupied by such equipment or not.
F.
SPECIAL STANDARDS FOR AUTOMOTIVE-RELATED USES.
The following special standards shall apply to all automotive-related uses in all zoning districts where they are allowed by right and where they may be allowed by Conditional Use Permit (CUP):
(1)
Landscaped buffer with trees along all street frontages: minimum five-foot (5') wide buffer strip, exclusive of street rights-of-way, with trees (as defined as “Replacement Trees” in Section 18.02 [section 1.07.002 of the Code of Ordinances], and as “Large Trees” in Exhibit “B,” of Ordinance No. 10-0401 [Article 1.07, Exhibit B of the Code of Ordinances]) at minimum twenty-five-foot (25') centers, with a minimum twenty-four-inch (24") height evergreen landscaped hedge, and with a decorative metal fence (“wrought iron” look, maximum height 36", at least 75% open visibility) and sliding gates at entries (no chain link, no “pipe” gates);
(2)
Condition of vehicles offered for sale: all vehicles in “like new” condition with no visible body damage;
(3)
Sales stickers/markings: only pricing sticker allowed in rear side window, no painting, marking or drawings on other windows or windshields;
(4)
Parking lot design: normal parking lot design with 9'x20' parking stalls, 24' wide drive aisles/fire lanes, etc. (no “tandem” or stacked parking of vehicles);
(5)
Shelter tents: only allowed behind front building setback line, and if designed to withstand minimum 100 mph wind loads; and
(6)
Sales operations: all sales operations to be conducted within a permanent building constructed of masonry materials (including stucco and highly articulated “split-face” decorative concrete masonry units), or within an existing structure on the property if such structure is in compliance with current City codes that are applicable to a nonresidential use.
G.
ADDITIONAL SPECIAL STANDARDS FOR AUTOMOTIVE-RELATED USES IN THE C1 (RESTRICTED COMMERCIAL) DISTRICT ONLY.
The following additional special standards shall also apply to all automotive-related uses in the C1 (Restricted Commercial) zoning district, if allowed in the C1 district by right or if allowed by Conditional Use Permit (CUP):
H.
SPECIAL STANDARDS FOR SECURITY HARDWARE (BURGLAR BARS) ON BUILDINGS.
The following special standards shall apply to all installations of burglar bars/devices on any building (regardless of zoning district):
(1)
Installation of security hardware (i.e., burglar bars/devices) shall be in compliance with all applicable building and fire codes;
(2)
Installation of burglar bars/devices shall only be allowed upon issuance of a permit, and payment of a permit processing fee (as set forth in the City’s Fee Schedule), prior to such installation;
(3)
Burglar bars/devices shall only be installed by a professional company who specializes in such work, who is properly registered in the State of Texas as a bona fide security hardware installation business entity, and who is properly registered as a contractor with the City prior to commencement of any work;
(4)
Burglar bars/devices may only be closed and secured during non-operating hours; and
(5)
Burglar bars/devices shall be of a medium-hued, earth tone color such as bronze, tan or gray, and shall not be black, white or bright colors;
(6)
In the C-1 and C-2 zoning districts only: Burglar bars/devices shall be interior-mounted (i.e., not mounted on surfaces exterior to the building), and shall be of scissor-style or other concealable design such that they are completely opened and folded away (or rolled up) into concealing alcoves or “wall pockets” and not visible to the public outside the building, and are not visually noticeable to customers inside the building, during business hours;
(7)
In the C-1 and C-2 zoning districts only: In lieu of interior installation design, alternative new technology “invisible” security devices may be approved for exterior installation if such devices are shown to be non-intrusive visually to a person of normal vision from any property line or public street right-of-way line; alternative designs that are not approved by City staff as meeting the spirit and intent of subsections 6 and 7 above may be submitted for consideration to the Board of Adjustment following the City’s procedures for consideration of an appeal (Section 25 in the Zoning Ordinance).
I.
Special Standards for Truck-Related Uses -
The following special standards shall apply to all truck-related uses in all zoning districts where they are allowed by right and where they may be allowed by Conditional Use Permit (CUP):
(1)
Truck-related uses (premises, operations, etc.) shall not be located within 500' of the IH-45 right-of-way unless otherwise approved by Conditional Use Permit.
(2)
Truck/bus repair operations and truck/bus storage shall be fully screened from view of all adjacent public streets and highways. Fencing, including fencing within front yards, shall be in accordance with the Zoning Ordinance and with any other applicable City code. Gated entrances shall be set back from street rights-of-way at least one hundred feet, and vehicles waiting to enter shall not be allowed to queue or stand on the street or on a highway service road.
(3)
Truck-related uses shall provide the required landscaped setback/buffer along all adjacent street frontages, with the following additional requirements: additional ornamental trees at a rate of three per 50 feet of street frontage, with a minimum three-foot tall evergreen landscaped hedge along the full frontage(s); perimeter/security fencing (if provided) within 50 feet of any street right-of-way shall be decorative metal ("wrought iron" look, maximum height 8', at least 75% open visibility) and sliding gates at entries (no chainlink, no "pipe" style gates);
(4)
Condition of any vehicles offered for sale or rental: all vehicles in "like new" condition with no visible body damage.
(5)
Sales stickers/markings on any motorized vehicles offered for sale or rental: only pricing sticker allowed in a window, no painting, marking or drawings on other windows or windshields (one pricing sticker only may be applied to the body of a trailer, and such sticker shall be no larger than four square feet in size); no flags, pennants, buntings, banners or other types of signage shall be affixed to any type of vehicle or trailer that is offered for sale or rental.
(6)
Parking lot design: normal parking lot design that is paved with an all-weather surface (concrete or asphalt, not gravel or other pervious material) with appropriately sized parking stalls (per the types of vehicles to be on the premises), 24' wide drive aisles/fire lanes, etc. (no "tandem" or stacked parking of vehicles);
(7)
Shelter tents: only allowed behind front building setback line, and if designed to withstand minimum 100 mph wind loads;
(8)
Business operations: all sales, rental/leasing and vehicle repair operations to be conducted within a permanent building constructed of masonry materials (including stucco and highly articulated "split-face" decorative concrete masonry units), or within an existing structure on the property if such structure is in compliance with current City codes that are applicable to a nonresidential use; and
(9)
Truck/bus washes and repair areas: all washing, repair and parking areas shall be on concrete or asphalt paved surfaces (i.e., not gravel or other pervious material) that drains directly into an underground storm sewer system or into an approved stormwater detention/retention basin. The City may require additional stormwater pre-treatment BMPs (i.e., nonpoint source pollution protection measures) such as filtration strips or other devices to help prevent the discharge of oils, soaps and other pollutants into the regional stormwater system.
(10)
Travel Centers:
(a)
A travel center may provide limited/minor on-site truck repair and maintenance services (such as an automated truck wash bay, a minor repair bay, etc.), truck scales and limited on-site personal hygiene facilities.
(b)
Establishment may also sell groceries, tobacco products, sundries/toiletries, household and other nonfood items, newspapers and magazines, candy and snacks, convenience food items, for off-site use and consumption.
(c)
Establishment may include an on-site restaurant (dine-in) and/or drive-through restaurant.
(d)
A travel center may not provide on-site overnight lodging facilities (e.g., motel rooms) other than parking spaces for truck crews who wish to sleep within their own vehicles.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 93-0520 adopted 5/20/93; Ordinance 13-0815A adopted 8/15/13; Ordinance 13-1107C adopted 11/7/13; Ordinance 14-0605 adopted 6/5/2014; Ordinance 15-1119A adopted 11/19/2015)