Title
Consider/Discuss/Act on an Ordinance Amending Chapter 150 (Unified Development Code) of the Code of Ordinances by Amending Section 701(D) (Permit Required) to Modify Where Fence Permits May Be Issued
Summary
COUNCIL GOAL: Operational Excellence
(2.2: Continuously provide a high level of customer service to our citizens)
MEETING DATE: October 5, 2026
DEPARTMENT: Development Services
CONTACT: Michael Quint, Executive Director of Development Services
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends the City Council approve the proposed ordinance modifying Article 7 (Fences) of Chapter 150 of the Code of Ordinances (Unified Development Code).
ITEM SUMMARY:
• Staff is proposing to modify Section 701(D) (Permit Required) of the Fence Ordinance, Article 7, of the Unified Development Code to allow properties that are platted but do not have a structure to be issued a fence permit.
• Different situations have arisen in the past where installing a fence might make sense, but was prohibited by the Fence Ordinance.
• The proposed ordinance amendments will offer more flexibility regarding where fences may be permitted.
BACKGROUND INFORMATION:
• Currently, fence permits may only be issued for:
o Park properties;
o Properties zoned “AG” - Agricultural District; and
o Properties that have an existing structure or a permit for a structure can be issued a fence permit.
• While this ordinance verbiage addresses most situations where a fence may be warranted, it does not capture them all.
• Recently, staff was approached by representatives from a homeowners’ association seeking to install a fence around the retention pond, on a platted common area, within their neighborhood. Because the property did not have a structure on it, a fence permit could not be issued by staff.
• The proposed ordinance language would allow a fence permit to be issued for:
o Park properties;
o Properties zoned “AG” - Agricultural District;
o Properties that have an existing structure or a permit for a structure can be issued a fence permit; and
o Properties that have been platted where the proposed fence is at least 50 percent transparent.
• The proposed fence transparency requirement for platted properties is meant to stop the ability to operate an illegal or nonconforming land use behind an opaque fence, violating applicable zoning standards.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• N/A