Council debates draft fence ordinance

Fom Conroe Courier By Stephen Green | Posted: Wednesday, May 13, 2015 10:15 pm

Several Conroe City Council Members took issue with portions of a draft ordinance that addresses fences and fence maintenance in city limits.

The ordinance would require fences to be built using specific materials, only certain colors, be transparent and abide by certain height restrictions.

One of the biggest issues is the height restrictions. The draft prohibit fences:

• On residential property higher than 6 feet

• That “significantly obstructs view” through the fence along the front of a property

• Made of multiple different materials or those made of abnormal fencing materials, or those that “impede the normal flow of drainage”

• Using barbed wire below 8 feet, any barbed wire on residential property and electrical fences not being used on livestock enclosures

• Built with the finished face visible only from inside the fence

• Leaning more than 5 degrees out of vertical alignment

Three Council Members and Mayor Webb Melder had an issue with the height restriction and other requirements. Councilman Duke Coon said he didn’t want to “legislate common sense” by telling people how high their fences should be.

“I don’t know that we should tell someone that they can’t build a solid fence in their front yard,” he said. “I don’t want to tell you how high. I don’t want to tell you what color. I don’t want to tell you if it’s got to be opaque. I don’t want to get involved in that.”

Assistant Director for Community Development Nancy Mikeska says the city already requires permits for fences built higher than 6 feet tall, but that many people aren’t compliant with the procedure.

Councilwoman Marsha Porter said that Coon was “on to some things” about the height requirement and advocated against requiring the permits. She said that if the standard board height for a fence is 6 feet and someone wants to install a rot board, they would already be out of code.

“We are going to get into a deal that, ‘What if I want to build a fence that’s going to last for a little while?’” Porter said. “When we start kind of legislating those sort of deals, it needs to maintain the purpose of a fence. … If I have a Doberman, I think everybody would want me to have a higher fence than 4 foot, or even 5 foot.”

Porter said she wants to see an ordinance that deals more with materials that “are conducive to good looks” with standard building materials and let the height issue go. Mayor Pro Tem Guy Martin agreed with Porter on that.

Mikeska said the purpose of regulating fences higher than 6 feet is to make sure they are structurally sound and abide by any city ordinances. However, individuals would be able to build fences under 6 feet without consulting city staff, but would still need to abide by any additional material and maintenance requirements.

Those two issues were generally agreed upon as good ideas.

The proposed ordinance requires fences be made from any material made and marketed for fencing that includes wood planks and posts, chain link, vinyl composite, wrought iron, brick, cement and others. Although any masonry fences would also have to go through permitting.

“I like your approved list of materials,” Coon said. “I think you’re on to something. What I like about this is the maintenance side. What I’d like to see is that if you have a fence, I’d like you to maintain it to at least the level of our approved materials.”

The ordinance requires property owners maintain the fence in a “state of good repair” or they would face penalties from the city. Any fences that are painted or stained have to be free of “peeling or blistered paint” and has to be “uniform along the entire fence.” Furthermore, it must be free of weeds and high grass, which is already covered under other city policy.

The ordinance would also require any portion of fence with more than 50 percent damage would need to be completely rebuilt. However, Melder and Mikeska agreed that the language would be rewritten to allow for repairs to be made just to the damaged section with like materials. Melder said he is mainly concerned with making sure the fences are maintained.

“There are a lot of areas that we just need to clean up, straighten it up, maintenance, etc.,” Melder said. “I’m totally agree with Councilwoman Porter and Councilman Coon that there’s a point when we go to far.”

Although the ordinance is scheduled for tonight’s meeting, Mikeska said there would be no vote taken as the policy is still being reworked after feedback from Council during Wednesday’s workshop.

The Conroe City Council meeting will be at 6 p.m. at City Hall.