City of Flatonia
125 E. South Main St.
P.O. Box 329
Flatonia, TX 78941
P: 361-865-3548
F: 361-865-2817
www.flatoniatx.gov
Date:_________________________
Acknowledgement:
I acknowledge that I have received a copy of the Residential Building Packet provided by the City
of Flatonia that discusses what I must do to obtain a construction permit. In this packet is
information about what documents the city will require from me for my plan review. It also details
what I must do to get an inspection of work that is done. I agree to apply for a building permit
before starting any work.
I understand the City of Flatonia is presently using the 2015 International Code Council family of
codes and the 2017 National Electric Code. This building packet is not designed to replace the
2015 ICC family of codes or the 2017 NEC. It is designed to provide helpful information to
answer questions most frequently asked and prevent common code mistakes. I understand I may
request to view the code books and ordinances at City Hall during normal office hours.
Other items received:
Property address where work will be done:
I am the property owner____ Contractor for the project____.
Name and address:
Contact #_____________________ Email:____________________________________
Signature of Owner/Contractor:
click to sign
signature
click to edit
RESIDENTIAL
BUILDING PACKET
City of Flatonia
P. O. Box 329 - 125 E. South Main St.
Flatonia, TX 78941
P: 361-865-3548
F: 361-865-2817
TABLE OF CONTENTS:
Step 1 – Before You Start Your Project….
pg 1
Step 2 – Preparing a Project Packet….pg 1
Code Compliance Waivers & Exemptions…pg 3
Step 3 – Licensing & Registration….pg 8
Step 4 – Getting Your Permit….pg 8
Step 5 – Getting Your Work Inspected....
pg 9
Step 6 – Connecting to City Utilities….pg 9
OTHER IMPORTANT INFORMATION….
pg 10
FEE SCHEDULE....
pg 10
BUILDING CODES AND ORDINANCES….
pg 11
CITY OF FLATONIA
General Instructions for Residential Projects
New construction, Remodels & Additions
This information packet is designed to help you with planning your construction project and
applying for a building permit. The guidelines apply to all types of construction projects: new
construction, renovation or remodeling, additions, general repairs, erecting a fence, demolition of
a structure and moving a structure. Each of these types of projects requires you getting a permit.
Our aim is to help you know what is expected of you, thereby making the permit application
process easy and the inspection process as problem-free as possible. We want your project to be
a success and add beauty to our community.
STEP 1 – BEFORE YOU START YOUR PROJECT
A building permit application may be submitted only on a property where the project is
allowed or zoned for the use intended and platted as a lot of record. Verify that your
intended use or project is allowable in the zoning district in which the property is located
by speaking with the Building Department.
Meet with the Building Department at City Hall to discuss the scope of work for your
intended project.
Addresses for new construction on undeveloped lots within the city limits of Flatonia are
assigned by City Hall. Please visit City Hall to be issued your 911 address.
Get a building permit application form. Submit your completed building permit application
and project packet to get approval of your project.
Starting a project without securing the necessary permits can subject you to a fine and/or
your being required to tear down what you have started and starting the process over from
scratch.
All contractors and subcontractors must register with the City of Flatonia prior to starting a
project. A building permit will not be released until all contractor registrations are
complete.
STEP 2 – PREPARING A PROJECT/SITE PLAN PACKET
If enough information is not supplied, you may be required to provide more detail which may
delay your permit issuance. You can expect to be contacted by the City of Flatonia Building
Department or by Bureau Veritas. Bureau Veritas has been contracted by the City to provide
project reviews and inspections.
Residential project review is limited to the primary residential structure and all accessory
structures and/or fences included on the project plans at the time they are submitted. All future
projects for accessory structures and/or fences not included on the initial site plan submittal
will require separate review and permitting.
Page 1 of 18
Section I – For New Construction
For your PROJECT PACKET you will need to submit:
(2) Site Plans with these specifications:
a. Drawings must be dimensioned, with a scale of 1” = 20’ and of sufficient clarity
b. Documents must be 24” x 36”
c. Show street address and legal description of the lot
d. Show the property lines, setback lines and lot dimensions
e. Indicate “North”
f. Show where you plan to take the water, sewer and electrical lines from in the
building
g. Show footprint of the building and distance from building to property lines
h. Indicate location of existing utilities
i. Indicate the height of the building connect with existing city utilities
j. Indicate what the building or addition will be used for
k. Include title block
l. Show contour lines
m. Indicate grade levels -planned elevations after grading, including drainage
n. Show and label proposed structure and all existing buildings
o. Indicate any structures to be moved/demolished
p. Include sidewalks and driveways
q. Show all easements
For your CONSTRUCTION PACKET you will need to submit:
1. (2) Energy reports Energy Code adopted by City (Go to www.energycodes.gov to
complete a REScheck report. Be sure to PRINT 2 copies of your completed online
report.).
2. (2) Stamped Engineered foundation letters. Letters must include a statement that the
foundation has been designed specifically for soil conditions of listed lot and that
design is in accordance with the building code, must be sealed by the State of Texas
Licensed Engineer that designed the foundation plans, and must show the address and
legal description of the lot.
3. (2) Stamped Engineered foundation plans. Must be sealed by a State of Texas Licensed
Engineer OR Foundation Detail drawn to a scale of ¼” = 1’. Foundation plans must
show all dimensions, location and spacing of beams, location of post-tensioning cables
(if applicable), location and sizes of rebar (if applicable), concrete specifications, slab
thickness, beam sizes and details, post-tensions cable details (if applicable), other notes
and requirements by the Engineer, and the address and legal description of the lot.
4. (2) Sets of House Plans which include:
a. Documents must be 24” x 36”.
b. Floor plans drawn to a scale of ¼” = 1’. Floor plans must show all dimensions,
room names, size and type of windows and doors, cabinets and fixtures, and
ceiling heights.
c. Exterior elevation plans drawn to a scale of ¼” = 1’. Exterior elevation plans
must show exterior materials, windows and doors roof slopes, chimneys, and
overhangs.
Page 2 of 18
d. Structural plans, where required, drawn to a scale of ¼” = 1’. Structural plans
must show second floor framing, ceiling framing, roof framing, headers and
beams.
e. Masonry or wood details, if applicable. Masonry on wood details must be
sealed by a State of Texas Licensed Engineer or built to the International
Residential Code details.
f. Electrical plans (may be combined with floor plan) drawn to a scale of ¼” = 1’.
Electrical plans must show location of receptacles and other outlets, exhaust
fans, smoke detectors, light fixtures, service equipment and panels.
g. Plumbing plans (may be combined with floor plan) drawn to a scale of ¼” = 1.
Plumbing plans must show location of fixtures, water heaters and gas outlets.
Section II – For Remodels
1. Prepare a “Remodel/Scope of Project” (see example pg. 6)
a. Follow project packet specifications as outlined above for new construction.
2. Prepare a “Remodel/Scope of Project Floorplan” (see example pg. 7)
a. Follow #4.(a. - f.) of the construction packet as outlined above for new
construction.
Section III – For Additions
1. Prepare a “Remodel/Scope of Project” (see example pg. 6)
a. Follow project packet specifications as outlined above for new construction.
2. Prepare a “Scope of Project Floorplan” (see example pg. 8 & 9)
b. Follow #4.(a. - f.) of the construction packet as outlined above for new
construction.
CODE COMPLIANCE WAIVERS & EXEMPTIONS
The following list of waivers & exemptions for construction documents is not comprehensive and
may be updated or altered as issues arise. Waivers and exemptions are for construction documents
ONLY and are not intended to relieve a contractor’s responsibility to schedule the appropriate
inspections for any part of a project. ALL construction must be inspected and pass 2015 ICC
Codes and 2017 NEC.
1. WAIVER: As part of the plan review process, the City of Flatonia will NOT require
the following plans for residential structures:
a. Hardware Schedules
b. Plumbing Plans
c. Plumbing Riser Diagrams
d. Mechanical Plans
e. Electrical Riser Details
f. Framing Plans
Page 3 of 18
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Page 7 of 18
STEP 3 – LICENSING & REGISTRATION
All of your contractors must be listed on the permit application and have current
registrations with the City of Flatonia.
CONSTRUCTION CONTRACTORS are not required to be licensed but must be registered
with the City of Flatonia.
MASTER ELECTRICIANS must be licensed by the Texas Department of Licensing and
Regulation and be registered with the City of Flatonia.
MASTER PLUMBERS must be licensed by the Texas State Board of Plumbing Examiners
and be registered with the City of Flatonia.
LANDSCAPE IRRIGATORS must be licensed by the Texas State Board of Irrigators and
be registered with the City of Flatonia.
AIR CONDITIONING CONTRACTORS must have a type A or B license from the Texas
Department of Licensing and Regulation and be registered with the City of Flatonia.
HOUSE MOVERS must be registered with the City of Flatonia.
BACKFLOW TESTERS must be licensed by TCEQ.
IF THE PROPERTY IS YOUR HOMESTEAD:
You may do the plumbing and electrical work yourself without having a
licensed plumber or electrician. All work must be permitted, meet code and pass
inspection. A licensed plumber MUST do any natural or bottled gas work.
IF THE PROPERTY IS NOT YOUR HOMESTEAD:
You may do the foundation, roofing and carpentry work but you MUST
have a licensed plumber and electrician do the plumbing and electrical
work, as well as any natural or bottled gas work.
STEP 4 – GETTING YOUR PERMIT
Submit a complete project packet along with a completed building permit application.
Plan review fees are calculated and paid at the time of submittal.
If enough information is not supplied, you may be required to provide more detail which
may delay your permit issuance. You can expect to be contacted by the City of Flatonia
Building Department or by Bureau Veritas. Bureau Veritas has been contracted by the City
to provide project reviews and inspections.
Review of your submitted plan takes up to 14 complete workdays. You may contact the
Bureau Veritas Plan Review Department to check the status of your permit at (469) 241-
1834 or toll free at (800) 906-7199. Incomplete submittals will take longer.
Once your project plan has been approved, one set of plans will be marked “Approved” and
returned to you. This set must be available on the job-site at all times.
Once plans are released for construction, any and all revisions must be submitted for review
and approval and additional fees incurred must be paid.
Plan reviews expire 180 days from the date of application; thereafter, new submittals are
required.
You will be notified when your building permit is ready to be picked up.
Page 8 of 18
STEP 5 – GETTING YOUR WORK INSPECTED
Inspections are required to insure that the construction process is proceeding according to your
“City Approved” plans and that all current city and state code standards are being met.
The contractor’s set of “approved plans” must always be kept at the project site and be available
for the inspectors to reference.
It is your responsibility to call Bureau Veritas when you are ready for work to be inspected.
You may schedule an inspection by calling (817) 335-8111 or toll free (877) 837-8775.
Covering work before it has been inspected shall require removal of cover material to allow a
proper inspection to occur.
24-hour notice will be needed for you to schedule inspections. Calls received on Friday or
before a holiday will be scheduled for the next business day.
Typical inspections are:
1. Foundation/slab/piers
2. Water service
3. Yard Sewer
4. Elevation certificate (required in floodplain areas)
5. Plumbing rough
6. Electrical rough
7. Mechanical rough
8. Framing
9. Plumbing top out
10. Energy insulation
11. Construction electric
12. Electrical final
13. Mechanical final
14. Plumbing final
15. Energy final
16. Building final
17. Flatwork
STEP 6 - CONNECTING TO CITY UTILITIES
To hook up the water, sewer and electrical systems of your structure you must make a deposit
for utilities and pay all project tapping fees (if new installation). Your plumber and electrician
or you need to check with the Utility Department to see where the lines need to be run to
connect to existing water, sewer or electrical services. Temporary or Construction Meters must
be requested two weeks prior to project start date to schedule installation. All fees and deposits
MUST be paid prior to connection.
Refer to fee schedule for current deposits and tapping fees.
The release of temporary utilities for construction purposes will be allowed with a utilities
deposit; however, this does not authorize occupancy of the building. Temporary utilities and
equipment/appliance checks are not a connect for permanent service and thus may be
disconnected at any time for non-compliance or inspections which do not pass code
requirements. All final inspections must pass before service is considered permanent.
Page 9 of 18
OTHER IMPORTANT INFORMATION
Proof of property ownership will be verified with the Fayette County Appraisal District.
Building Permits must be displayed at the property address until the project is completed.
The “approved” project plans must be available on the project site at all times.
Every permit issued shall become invalid unless the work authorized by such permit is
commenced within 180 days after its issuance, or if the work authorized by such permit is
suspended or abandoned for a period of 180 days after the time the work is commenced.
Extension requests must be submitted in writing prior to the expiration date of the permit.
A building or structure shall not be used or occupied until a Certificate of Occupancy has been
issued.
FEE SCHEDULE*
PLEASEcontactourBuildingDepartmentat361‐865‐3548beforestartinganywork.
Un-permitted Project…….………….. Fees double Sec. A4.006(d)
NewResidentialConstruction**
SquareFootage(S.F.) Fee
0–1,500S.F. $850.00
1,501–10,000S.F. $850.00forthefirst1,500S.F.,plus$0.38
foreachadditionalS.F.toandincluding
10,000S.F.
Over10,000S.F. $4,000.00forthefirst10,000S.F.,plus
$0.16foreachadditionalS.F.over10,000
S.F.
Alteration/AdditionforResidentialConstruction
TradePermits Fee
Building,Mechanical,Electrical,Plumbing,FuelGas
andsimilar
$110.00pertrade
Otherprojecttypesnotlistedabove $175.00pertrade
**ThistableappliestoDwelling,SingleFamilyAttached;Dwelling,SingleFamilyDetached;andDwelling,Two‐
Familyonly.
Pre‐fabricatedPlacementandnon‐structuralre‐roof
Fee DescriptionofWork
$25(over120sqft) ResidentialPre‐fabricatedAccessoryStructure(WithoutUtilities)
$25
ResidentialRe‐roof(Non‐structural,i.e.removalandreplacementof
shinglesorroofmaterialonly.)
*Structuralroofalterationsorrepairsandutilityinstallationonpre‐
fabricatedbuildingsorstructuresshallbeassessedusingthe
alteration/additiontableabove.
Demolition………………………… $25.00 Sec. A4.003
Moving a Structure……………….. $25.00 Sec. A4.004
Police Escort……………………… $10.00 Sec. A4.005
Page 10 of 18
Fence……………………………… Permit required, NO charge for permit
Other fees that may apply depending on the project: Sec. A7.000
Sewer tap $675.00
¾” water tap $675.00
1” water tap $775.00
Larger than 1” tap………………….determined by Utility Dept.
Electric Line Extension…………….determined by Utility Dept.
Cutting street in order to tap………..determined by Utility Dept.
Boring in order to tap……………….determined by Utility Dept.
Electric pole & Installation…………determined by Utility Dept.
Utility Deposits: Electric $200.00
Water $50.00
*Fee schedule subject to change without notice.
BUILDING CODES AND ORDINANCES
The City of Flatonia is currently using the 2015 International Code Council family of codes and
the 2017 National Electric Code. Copies of city ordinances and the adopted building code books
are available at City Hall for your review during normal business hours. A complete list of city
ordinances pertaining to building construction requirements may be viewed by visiting the city
website www.flatoniatx.gov and clicking the City Code link under the City tab. If you have city
or building code questions the building department will try to help you. His/her job is not to design
the project for you or tell you the best way to do your project. They are there to help you interpret
what is required by the code and to inspect the work done to insure it meets code.
FLATONIA CODE OF ORDINANCES
CHAPTER 3: BUILDING REGULATIONS
DIVISION 4. ELECTRICITY
Sec. 3.02.154 Permits
No installation, alteration, or removal shall be made in or of the wiring of any building or structure for light,
heat or power or to increase the load of energy carried by such wires or equipment, nor shall any building
or structure be wired for electric lights, appliances, motors, apparatus, or heating devices nor alterations
made thereto, without a written permit therefore being first obtained from the city license-issuing clerk by
the person, firm or corporation having direct charge of such installation.
Page 11 of 18
Sec. 3.02.155 Inspections
Upon the completion of the wiring, installation or alteration of any building or structure for light, heat,
power, appliance or apparatus, it shall be the duty of the person, firm or corporation having direct charge
of such to notify the electrical inspector, who shall, as early as possible, inspect such wiring, installation,
appliance, and apparatus, and if installed, altered and constructed in compliance with the permit in
accordance with the requirements of this division, he or shall execute a certificate of satisfactory inspection,
which shall contain the date of such inspection and the result of his or her examination, but no such
certificate shall be issued unless such electric wiring, motors, heating devices, appliances, and apparatus be
in strict accord with the rules and requirements and the spirit of this division, nor shall current be turned on
such installation, equipment, appliance, motors, heating device, and apparatus until said certificate be
issued.
Sec. 3.02.158 Work by homeowners
A property owner may do electrical work in a building or on premises owned and occupied by him or her
as his or her home. In such a case, a bond or license is not required. A permit for that particular job is still
required, and the work must still be inspected by the electrical inspector.
DIVISION 5. PLUMBING
PART 1. IN GENERAL
Sec. 3.02.281 State Plumbing license required; work by homeowners
No person shall engage in work or the conduct of the business of plumbing or landscape irrigation within
the city, except as herein specifically exempted, unless such person is the holder of a valid license as issued
by the state board of plumbing examiners or the state board of irrigators. Plumbing work by a landscape
irrigation installer, however, is limited to the installation and repair of irrigation systems and connection of
these systems to the customer’s side of the water service. Nothing contained herein shall prohibit the
employment of a journeyman plumber or irrigator or apprentice to engage in plumbing work under the
general supervision of a master plumber nor plumbing work done by a property owner in a building or on
premises owned and occupied by him or her as his or her home. A permit for that particular job is required,
and the work must still be inspected by the plumbing inspector.
ARTICLE 3.04 DEMOLITION OF BUILDINGS OR STRUCTURES
Division 2. Permit
Sec. 3.04.041 Required
Any person desiring to demolish a building or structure that is connected to city utilities shall first obtain a
demolition permit from the city manager or his designee by making application for said permit, together
with the appropriate fee, to the city manager or his designee.
Sec. 3.04.043 Time limits; clearing of site
(a) A permit issued to demolish a building or structure shall be considered to be a license to proceed with
the work. Any permit issued shall become invalid unless the work authorized by it shall have been
Page 12 of 18
commenced within thirty (30) days after issuance and completed within ninety (90) days after issuance.
Demolition work is not deemed complete unless:
1. All debris is removed from the property.
2. All pipes and conduits are removed above grade and either removed or sealed below grade.
3. All piers, pilings, steps or other appurtenances are removed above grade.
4. All underground tanks are removed or abandoned in compliance with the fire prevention code.
Sec. 3.04.046 Completion of work by city
Upon the granting of a demolition permit, the person obtaining such permit will be given written notice that
any failure to complete demolition in accordance with the terms of the permit will give to the city the right
to enter immediately upon the premises to complete or have completed the demolition project. Upon the
failure to comply with any demolition permit, the city manager or his designee is hereby authorized to
immediately do everything necessary to complete the demolition project. Upon completion of the
demolition project, the city may take all necessary legal action to enforce the terms of the demolition permit.
This shall specifically include the right to attach a lien to the land to cover the cost of completing the
demolition project.
CHAPTER 14: ZONING
ARTICLE IV. GENERAL PROHIBITIONS AND REQUIREMENTS
SECTION 3. HEIGHT, YARD AND AREA REQUIREMENTS
A. Height Requirement. Height limitations are established to ensure that buildings and structures shall
not unnecessarily impact upon the privacy, views, or desirability of development of adjoining sites. Unless
otherwise noted, the height limit for all buildings is 35 feet.
B. Height Exception. The height limits which may be enacted in this ordinance for the various districts
shall not apply to church spires, belfries, cupolas, or domes not used for human habitation, nor to chimneys,
ventilators, skylights, water tanks, parapet walls, cornices, or necessary mechanical appurtenances usually
carried above the roof level, provided that such features are limited to that height necessary for their proper
functioning.
C. Supplementary Yard Regulations.
1. Side or Rear Yard at Abutting Districts. Where a side lot line or rear lot line, or both, of a
lot in a business or industrial district abuts upon the side or rear lot line of a lot in any residential
or business district, the width of the side yard and depth of the rear yard shall be as follows:
Page 13 of 18
Side or Rear of
Lot in:
Abuts Lot in:
Width of side yard in less
restricted district
Depth of rear yard in less
restricted district
Business Residential 20 fee
t
20 fee
t
Industrial Residential 40 fee
t
40 fee
t
Industrial Business 20 fee
t
20 fee
t
2. Reversed Corner Lot.
In any district, a reversed corner lot shall have provided on the intersection or side street
of the corner lot, a desired side yard having a width equal to the depth of the front yard
required for a structure on the lot to the rear of the corner lot.
30 Degree Angle Rule: Upon the approval of the City Manager, the corner lot side yard
width equal to the depth of the front yard on the lot to the rear of the corner lot may be
reduced to a lesser side yard depth as a result of the intersection formed by the corner lot
rear lot line and a 30 degree angle measured from the rear lot's flush point of the main
street facing exterior wall at the front door (See 30 Degree Figure Below). The following
apply:
* At no time will a corner lot side yard depth be less than 15 feet measured from
the side yard lot line.
* The 30 Degree Rule does not apply to reverse corner lots if there is a City right
of way (alley, utility easement) separating the two adjoining lots.
* Privacy fences not to exceed six feet and six inches (6'-6") may be erected on
the lot lines out to the 30 Degree Rule intersection point establishing the corner lot
side yard depth.
Page 14 of 18
3. Projecting Architectural Features. Every part of a required yard shall be open and
unobstructed from the ground to the sky except for permitted accessory structures and for the
ordinary projection of sills, belt courses, cornices, buttresses, eaves, and similar architectural
features, provided that such projections shall not extend into any utility easement or extend
more than two feet into any required front or rear yard. Open fire escapes may extend into any
required yard not more than three and one-half feet. Architectural features shall adhere to a
minimum of ten feet (10') of separation from any adjoining lot structure.
4. Accessory Structures.
a. Side Yard and Rear Yard Requirements: All accessory structures in residential
zoning districts shall be subject to the area and setback requirements in the following
table.
ACCESSORY STRUCTURE SETBACK REQUIREMENTS
Zoning District
R-1 R-2 R-3
Minimum Side Yard Setback 5 ft. 5 ft. 5 ft.
Minimum Rear Yard Setback 5 ft. 5 ft. 5 ft.
Maximum Width (% of Rear Lot Width) 30% 30% 30%
Maximum Area (% of Rear Yard
occupied within aforementioned
setbacks.)
25% 25% 25%
b. Reversed Corner Lot.
No accessory structure on a reversed corner lot shall be erected or altered nearer
to the intersecting or side street line than the front building line to be observed by
any structure on the lot to the rear of the corner lot.
If at the approval of the City Manger the Reversed Corner Lot has enacted the 30
Degree Rule for side yard depth, no accessory structure shall be erected or altered
nearer the intersection formed by the corner lot rear lot line and a 30 degree angle
measured from the rear lot's flush point of the main street facing exterior wall at
the front door. Under the 30 Degree Rule, no accessory structure is allowed in a
side yard nearer than 15' from the side yard lot line.
c. Height Limit. The height of an accessory structure to a dwelling shall not exceed
fourteen (14) feet or the height of the dwelling, whichever is less.
5. Fences and Walls.
a. Permit Required. Except as otherwise provided herein, no person shall erect, alter
or relocate any fence or wall within the City without first having been issued a permit
therefor.
Page 15 of 18
b. Permit Fee. There is no charge for permits for fences that are six feet in height or
lower, or for walls (excluding retaining walls) that are four feet in height or lower. A
building permit application and related building permit fee shall be required for fences
that exceed six feet in height and for walls that exceed four feet in height.
c. Application Procedures.
(1) Agricultural, single-family, and two-family uses. Each application for a
permit under this section shall be submitted to the Building Official on forms
provided by the City. Each application shall include a site plan drawn to scale
showing the location of the house(s), garage(s), and other improvements on the lot,
all lot lines, and the location of the fencing or wall to be erected, altered or
relocated.
(2) Uses other than agricultural, single-family, or two-family. Request for
fencing or walls shall be processed as part of and according to the procedures of
the site plan review.
d. General Provisions. Except as otherwise provided herein, all fences and walls within
the City shall be subject to the following general provisions:
(1) No fences or walls shall be placed on or extend into public rights-of-way
except as determined necessary by the governing body or its agent(s).
(2) All fences (hedges and plantings excluded) and walls shall require a
fence/wall permit under this Section, unless a separate building permit is required
for the fence or wall, or unless the fence or wall does not require a building permit
and is authorized on an approved site plan. Fence/wall permits may be issued by
the Building Official or designee, if all requirements of this Chapter have been
met.
(3) Both sides of any fence or wall shall be maintained in a condition of
reasonable repair and appearance by its owner and shall not be allowed to become
and remain in a condition of disrepair or danger, or constitute a nuisance, public or
private.
(4) No physical damage of any kind shall occur to abutting property during
installation unless it is allowed under agreement with the adjacent property owner.
(5) A survey may be required by the Building Official for all fences (except
hedges and plantings) or walls to be constructed on or within six feet from the lot
line, unless corner property stakes are in place and marked, or written authorization
is received from both parties where neighbors are involved. Additionally, retaining
walls shall not be placed within any drainage or ponding easement unless also
reviewed and approved by the Building Official.
(6) A fence with a minimum height of three feet shall be required on the top of
any retaining wall, and on the top of any tiered retaining wall that requires a
building permit. The City Manager may grant exceptions to this provision if the
retaining wall does not pose a public safety concern.
Page 16 of 18
(7) Fences shall not be constructed from plywood, corrugated metal, branches,
or materials originally intended for other purposes (such as agricultural, as in T-
posts), UNLESS upon the illustration of a high degree of workmanship quality
achieved through the use of such, prior approval is granted by the Building
Official.
(8) No fences or walls shall be placed within a wetland or required wetland
buffer, cross over a required rain garden, or extend below the ordinary high water
level of a lake, stream, or water quality/detention pond.
(9) No fence or wall, other than the wall of a permitted structure shall be erected
or altered in any front yard to exceed the height of four feet (4'). For purposes of
this section, the front yard area shall be defined as the total area created when
drawing a parallelogram that consist of perpendicular lines drawn from each side
of the principal structure from its forward edge to the edge of lot lines defining the
property. The maximum height of a privacy fence (side yard and/or rear yard
fence) shall not exceed 6 feet 6 inches above the elevation of the principal
structure's adjacent foundation.
(10) On City Manager approval, properties with rear or side yards that abut any
railroad may be authorized privacy fencing heights not to exceed eight feet (8')
along the railroad right-of-way only.
e. Vision Clearance. On any corner lot on which a front yard is required by this
ordinance, no wall, fence or other structure shall be erected in excess of three feet (3') in
height, and no hedge, shrub, tree or other growth shall be maintained in excess of three
feet (3') in height within the triangular area formed by the intersecting lot lines as
measured from the existing corner property pin and a straight line connecting edge of lot
lines at points 15 feet from the corner property pin measured along each lot line.
f. Nonconforming Fences. It is the intent of this Ordinance to allow the continuation
of such nonconforming fences until they are discontinued as provided herein. However,
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it is not the intent of this Chapter to encourage the survival of nonconforming fences and
such fences that are declared to be incompatible with permitted fences within the City.
Such fences shall be regulated by the following provisions:
(1) An existing fence not allowed by this Ordinance in the district within which
it is located, except when required by law or ordinance, shall not be enlarged,
extended, reconstructed, or structurally altered unless such fence is changed to
comply with the requirements of this Ordinance. Maintenance of a nonconforming
fence will be allowed when this includes necessary repair and incidental alterations
which do not expand or intensify the nonconforming fence.
6. Storage in Front and Side Yards. There shall be no storage of vehicles (other than
noncommercial off-street parking), or storage or display of any merchandise or materials of
any kind in any front yard required by this ordinance in any district. There shall be no storage
of vehicles or storage of any merchandise or materials of any kind in any side yard or rear yard
required by this ordinance that abuts any residential district unless screened by privacy fencing
from residential view.
(Ordinance 2017.3.2, sec. 2, adopted 3/14/17)
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