§ 52-55. Special fence project plan.

(a)

In any zoning district, the owner of a tract of land may file a special fence project plan request in order to ask for a modification of any zoning requirements as may apply to a fence or for a variance to the requirements of the city's fence ordinance.

(b)

An application for special fence project plan shall be filed with the department of community development. The application shall include a scaled drawing of the lot, or, if unplatted, the tract which will contain:

(1)

Dimensions and property line of the lot or tract;

(2)

The location, dimensions, type and height of the fence;

(3)

Date, scale, north point, name of property owner and name of person preparing the special fence project plan;

(4)

Location, type and size of all easements shall be indicated on the special fence project plan; the volume and page number where the easement is recorded with Dallas County Deed Records shall also be indicated on the special fence project plan.

(5)

A list of variances requested from the fence ordinance.

(6)

The application shall also include such other information as the city staff may require, including but not limited to:

a.

Location and size of points of ingress and egress to public or private streets;

b.

Location and size of existing and proposed streets and alleys which are abutting;

c.

Topographic information if this property is not platted and the proposed fence is within fifteen (15) feet of a public or private street or alley; and

d.

Such number of copies of this plan as the Director of Community Development or designee may require shall accompany the application.

(c)

The department of community development shall mail notice of the requested special fence project plan to all property owners as shown by the latest tax roll within two hundred (200) feet of the lot or tract, if unplatted, on which the fence is proposed, at least ten (10) days prior to the hearing on the request.

(d)

Procedures.

(1)

A request for a special fence project plan shall be heard by the planning and zoning commission at one of their regular meetings. The planning and zoning commission shall make a recommendation to the city council, and such recommendation may include any modifications or conditions as they deem necessary to protect the public health, safety and welfare.

(2)

Upon recommendation of the planning and zoning commission, the special fence project plan shall be automatically forwarded to the city council. The request for a special fence project plan shall be heard by the city council at one of their regular meetings. The city council may approve the special fence project plan with any modifications or conditions as they deem necessary to protect the public health, safety and welfare.

(e)

The city council shall not have the power in a special fence project plan to approve or require:

(1)

An encroachment of a fence into a public right-of-way.

(2)

A restriction on the use of the property as allowed by the underlying zoning district.

(f)

Approval of a special fence project plan shall not obviate the need for a fence permit.

(g)

A filing fee in accordance with the most recent schedule of fees adopted by the city council shall accompany each request for a special fence project plan.

(Ord. No. 5550, § 1, 12-15-88; Ord. No. 6085, § 1, 2-6-92; Ord. No. 7626, § 6, 3-23-00; Ord. No. 8704, § 9, 9-21-06; Ord. No. 2018-10045, § 1, 2, 4-5-18)