City of Bowling Green, MO
Pike County
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Table of Contents
Table of Contents

Section 425.010 Definitions.

[Ord. No. 1313 §1(425.010), 8-20-2002]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
ADMINISTRATIVE OFFICER
The official designated by the Board of Aldermen of the City to administer and enforce the provisions of this Chapter or, in the event no such designation is made, the City's Building Code and Zoning Enforcement Officer.
FENCE
A structure, partition or wall that is not otherwise part of any building or other structure and is erected for the purpose of delineating a boundary or for the purpose of confinement or privacy screening. Shrubs, hedges, trees and other plant material shall not be considered a fence. A barrier less than eighteen (18) inches in height used to protect plant growth shall not be considered a fence.
ORNAMENTAL FENCE
A fence not more than thirty-six (36) inches in height located in a residential zoning district.

Section 425.020 Prohibited Fences.

[Ord. No. 1313 §1(425.020), 8-20-2002; Ord. No. 1631 §I, 7-20-2009]
A. 
Height. No fence shall exceed six (6) feet in height.
B. 
Location.
1. 
Fences shall not be erected, constructed or maintained within the front yard area between the street right-of-way and the building line on interior lots. Fences shall not be located in front of the building lines along the side street on corner lots. This paragraph shall not apply to ornamental fences subject to Section 425.030(D).
2. 
Fences shall not be erected, constructed or maintained in any roadway right-of-way which affects the public safety and/or welfare by the obstruction of vehicular or pedestrian traffic or their sightlines. For the purpose of this Chapter, the roadway right-of-way shall be presumed to extend a distance of ten (10) feet from any lot line adjacent to any street or highway in Bowling Green and on which vehicular or pedestrian travel occurs.
C. 
Materials.
1. 
No fence shall be constructed in whole or in part of lightweight or flexible materials such as cloth, bamboo or barbed wire or other single wire strung between posts or supports.
2. 
No chain link fence shall be erected, constructed or maintained from which any sharp metal parts protrude at any point of such fence.
3. 
No fence shall be erected which is composed, in whole or in part, by welded or woven wire.
D. 
Electrical Fences. No fence shall be erected, constructed or maintained that has electrical current passing through it.
E. 
Advertising. No fence shall be used for advertising purposes.
F. 
Violations. The owner of any fence installed, erected or constructed in violation of this Section shall, upon written notice from the Administrative Officer, within ten (10) days remove the fence or bring the fence into compliance with this Chapter. Any fence not removed or properly altered within ten (10) days from the written notice is hereby found and declared to be a nuisance and may be removed by the City and all costs of such removal charged to the owner.

Section 425.030 General Standards.

[Ord. No. 1313 §1(425.030), 8-20-2002]
A. 
Construction. All fences shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside or shall be designed as an integral part of the finished surface.
B. 
Gates. All fence segments abutting an arterial or collector street, except on corner lots, shall provide one (1) gate opening per lot to allow access to the area between the fence and the edge of the street for maintenance and mowing.
C. 
Retaining Walls. A retaining wall may be permitted where, in the judgment of the Administrative Officer, it is reasonably necessary due to the changes in slope on the site, where the wall is located at least two (2) feet from any street right-of-way and where the wall does not extend more than six (6) inches above the ground level of the land being retained unless the Building Code requires a guardrail for safety purposes.
D. 
Ornamental Fences.
1. 
Shall be allowed in front yards on interior lots and in front and side yards on corner lots.
2. 
Shall be constructed with materials compatible with the character of the residence located on the lot and in keeping with the general character of the surrounding neighborhood.
3. 
Shall be no less than eighteen (18) inches in height.
4. 
Shall be set back at least one (1) foot from any sidewalk used by the public. Where no sidewalks exist, the ornamental fence shall be located no less than five (5) feet from the street right-of-way abutting the lot. Additional setback distance may be required at street intersections to provide adequate traffic sight distance.
E. 
Maintenance. All fences shall be maintained and kept in good condition and repair, including paint and stain. If, in the determination of the Administrative Officer, a fence is not in good condition and repair, the owner shall be notified pursuant to Section 425.060. Any fence not repaired or removed within the time period required by Section 425.060 is hereby found and declared to be a nuisance and may be removed by the City and all costs of such removal charged to the owner.

Section 425.040 Non-Conforming Fences.

[Ord. No. 1313 §1(425.040), 8-20-2002]
Any fence constructed prior to the adoption or amendment of this Chapter that does not conform to the provisions of this Chapter as enacted or amended shall be permitted to continue, provided that any substantial repair or replacement of any such fence shall conform with the requirements of this Chapter. In any question of a violation of this Chapter through continuation of fences which do not comply with the requirements of this Chapter after the effective date of the adoption or amendment, any person claiming a right to a legal non-conforming use shall have the burden of proof and a rebuttable presumption shall apply that the fence is not so entitled.

Section 425.050 Permits.

[Ord. No. 1313 §1(425.050), 8-20-2002]
A. 
In addition to a building permit as may be required by the Building Code (Chapter 500 of the City Code), a fence permit shall be obtained from the Administrative Officer prior to erection, construction or alteration of any fence regulated under this Chapter. Fence permits shall be granted pursuant to the following provisions:
1. 
Time. A fence permit shall be required at the time that a new fence is erected or constructed and at the time any existing fence is altered.
2. 
Applications.
a. 
Applications for fence permits shall be made upon forms provided by the City Clerk.
b. 
Applications for fences shall include:
(1) 
The proposed dimensions and location of such fence.
(2) 
The materials from which such fence is to be constructed and the proposed color of such fence.
(3) 
The applicable fee.
3. 
Fees. Fees as may be adopted by the Board of Aldermen and on file with the City Clerk shall be paid at the time a permit is applied for.
4. 
Time limits. If the work authorized by the fence permit has not been completed within six (6) months after the date of approval, such permit shall become null and void and a new permit must be applied for and issued prior to erecting the fence. The fees required for fence permits shall also apply.

Section 425.060 Enforcement.

[Ord. No. 1313 §1(425.060), 8-20-2002]
A. 
Inspections. It shall be the duty of the Administrative Officer to enforce the provisions of this Chapter. At any reasonable time, the Administrative Officer may inspect any fence regulated by this Chapter.
B. 
Notice. Whenever the Administrative Officer determines that a fence is in violation of any provisions of this Chapter, he/she shall give written notice of such alleged violation to the owner which shall state:
1. 
The violations found.
2. 
The specific standards which must be met.
3. 
The fence must be brought into compliance within thirty (30) days.
4. 
Failure to comply with the terms of such notice shall constitute grounds for the Administrative Officer to order removal of the fence at the expense of the owner as provided by this Section.
5. 
Any person aggrieved by this notice has a right to an appeal pursuant to Section 425.070.
C. 
Removal. If the violations set out in the written notice have not been corrected within the specified time period after delivery of the notice, the Administrative Officer may deem the non-complying fence a nuisance and may remove such fence.
D. 
Costs. In the event of failure by any party to reimburse the City within sixty (60) days for the cost incurred for alteration, repair or removal ordered by the Administrative Officer, the Board of Aldermen shall certify the charges for alteration, repair or removal to the City Clerk as a special assessment represented by a special tax bill against the real property on which the fence has been erected. This tax bill shall be a lien upon the property and shall be enforced to the same extent and in the same manner as all other special tax bills.

Section 425.070 Appeals and Variances.

[Ord. No. 1313 §1(425.070), 8-20-2002]
A. 
Review Of Administrative Officer's Orders. The Board of Adjustment is empowered to review or modify the Administrative Officer's order or determination with respect to fences covered by this Chapter and to that end shall, during appeal, have all the Administrative Officer's power. In addition, the Board may grant variances from the provisions of this Chapter as hereinafter provided.
B. 
Guidelines For Overturning Or Modifying Administrative Officer's Decision. The Board of Adjustment shall, in considering appeals from the Administrative Officer's order or determination, establish that the fence or application in question complies with all the requirements of this Chapter. Upon a determination that the Administrative Officer's application of this Chapter to the appellant's fence or request for a permit is erroneous, then the Board of Adjustment may overturn or modify the Administrator Officer's decision.
C. 
Grounds For Granting Variance.
1. 
The Board of Adjustment may grant variances from the application of this Chapter where the Board of Adjustment finds that because of:
a. 
The limitations on character, size or dimensions of a fence, or
b. 
The regulations controlling the erection or construction of a fence,
that the applicant would be subject to undue hardship, provided that undue hardship shall not result from a mere loss of a possible advantage or convenience to the applicant.
2. 
The Board of Adjustment's decision on an appeal shall be incorporated on the fence permit by reference to the decision number and date of decision.
D. 
Applications. Applications for review of the Administrator Officer's order and for variances shall be made upon forms provided by the City Clerk and shall be received within fourteen (14) days of delivery of any written order.
E. 
Fees. Application to the Board of Adjustment shall be accompanied by a filing fee as may be adopted by the Board of Aldermen and on file with the City Clerk.
F. 
Supporting Regulations. Insofar as they are applicable and consistent, the provisions of Chapter 405, Article V "Board Of Adjustment — Appeals — Variances", pertaining to the Board of Adjustment, as provided in this Chapter, shall be applicable to appeals taken to the Board of Adjustment for a variances or interpretations of this Chapter.