PRESENTER: Presenter
Christopher J. Looney, AICP, Planning Director
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SUBJECT: Title
Public hearing and first reading of an ordinance to amend the City’s Code of Ordinances: Chapter 144-5.3, regarding fences
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DEPARTMENT: Neighborhood & Community Planning
Transportation & Construction Services
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COUNCIL DISTRICTS IMPACTED: All
BACKGROUND INFORMATION:
Case No: ORD25-380
Staff Contact:
Amanda Mushinski, AICP, CNU-A
(830) 221-4056 | amushinski@newbraunfels.gov
This topic was presented to City Council at their October 20th Special Meeting.
Staff consistently reviews permitting procedures to identify redundancies and other opportunities to streamline processes, reduce workload, and shorten turnaround times. Fence permits have been identified as one such opportunity.
There are a variety of different types of fences desired by property owners. Some are predominantly open, such as chain-link or wrought iron. Others are solid screen using materials such as wood pickets or pre-cast concrete. Some fences are required, such as those intended to secure swimming pools or to buffer commercial uses from residential, while others are desired by property owners to simply delineate their property boundaries or to control access.
Presently, all fences require building permits; some fence repair also requires permits. Depending on the fence type and location, there are various rules to comply with. The rules are basic and relatively consistent with most other jurisdictions, so compliance is straightforward. If the requirement to obtain a permit were eliminated for most fence types, that would create capacity for Plans Examiners to focus on other, more complex permit types, reducing overall turnaround times.
ISSUE:
The current requirement for a building permit for all fence installations and certain repairs has been identified as an opportunity to improve efficiency and enhance customer service. While fencing plays a role in property aesthetics, security, and privacy, the permitting process for most standard fence types provides limited benefit relative to the staff time required for review and issuance. Most fences are simple in design and construction, and compliance with height, placement, and material standards can be verified through existing inspection or code compliance procedures.
Eliminating the permit requirement for most fence types would align with the City’s goals of streamlining development processes, reducing turnaround times, and improving customer experience. This adjustment would allow Plans Examiners to focus on more complex permit types that have a greater impact on life safety and development quality, while still maintaining public safety and compliance through existing standards and enforcement tools. In-turn, the reduced workload will result in faster review turn-around times on other permit types.
This amendment to the Zoning Ordinance joins concurrent amendments to the Building Codes. If approved, permits will only be required for fences:
1. Built to secure swimming pools
2. 7 feet tall or taller
3. Proposed to be built in drainage easements
4. Proposed to be built in the floodplain
COMPREHENSIVE PLAN REFERENCE:
The proposed ordinance amendment is consistent with the following actions from Envision New Braunfels:
• Action 1.11: Update policies and codes to achieve development patterns that implement the goals of this plan
• Action 3.6: Proactively provide a regulatory environment that remains business and resident-friendly.
STRATEGIC PLAN REFERENCE:
☒Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☒Organizational Excellence ☐Community Well-Being ☐N/A
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval.