City of Republic, MO
Greene County
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Table of Contents
Table of Contents
[Ord. No. 08-91 §1, 1-12-2009; Ord. No. 17-13 § 1, 4-4-2017]
A. 
Scope. The provisions of this Chapter shall apply to the construction, installation, reinstallation, alteration, replacement, repair, location and maintenance of fences and walls.
B. 
Intent. The purpose of this Chapter is to provide minimum requirements to safeguard life, health, property and public welfare, by regulating and controlling the construction and location of fences and walls to provide an aesthetically compatible and pleasing urban environment and edify the City of Republic's position as a livable and desirable community.
[Ord. No. 08-91 §1, 1-12-2009; Ord. No. 15-26 § 1, 9-28-2015[1]; Ord. No. 17-13 § 1, 4-4-2017]
A. 
Jurisdiction. This Chapter shall apply to all real property within the corporate limits of the City of Republic, Missouri.
B. 
Required. Any owner or authorized agent who intends to construct, install, substantially alter, or replace a fence or wall, or to cause any such work to be done, shall first make application to the City's building official and obtain the required permit.
C. 
Prohibited. No individual or entity performing any of the actions listed in Subsection (B) on behalf of the owner or authorized agent of property shall do so without first verifying with the owner or authorized agent that the required permit has been issued and is available for inspection by the City's building official during the duration of the work being performed. The individual or entity performing the work shall maintain a copy of the permit at the worksite for inspection purposes and shall be responsible for performing the work in compliance with the requirements of this Chapter and any other applicable provisions of the City Code.
D. 
Exemptions.
1. 
All real property that is zoned as Agricultural (AG) or used as a public utility facility or other public use shall be exempt from the provisions of this Chapter.
2. 
Any fence being repaired or replaced with the same type and size of material shall be exempt as long as the existing fence is not non-conforming.
E. 
Violation. Any violation of this Section shall be punished pursuant to Section 520.060.
[1]
Editor's Note: Section 1 of this ordinance provided for the redesignation of former Subsection (C) as Subsection (D).
[Ord. No. 08-91 §1, 1-12-2009; Ord. No. 17-13 § 1, 4-4-2017]
For the purposes of interpreting the regulations found here, the certain words and terms shall have the following meanings:
AREA OF SPECIAL FLOOD HAZARD
The land in a floodplain within a community subject to a one-percent or greater chance of flooding in any given year, as delineated in the Flood Insurance Rate Map.
BUILDING
Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
BUILDING LINE
The line established by laws, beyond which a building shall not extend, except as specifically provided by law.
BUILDING OFFICIAL
The officer or other designated authority charged with the administration and enforcement of this Chapter or a duly authorized representative.
EASEMENT
That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property.
1. 
That portion of land or property reserved for present or future use by a person or agency to access utility or drainage easements or adjacent properties. The easement shall be permitted to be for use on the lot or lots.
2. 
That portion of land or property reserved for present or future stormwater run-off. The easement shall be permitted to be for use under or on the lot or lots.
3. 
That portion of land or property reserved for present or future utility, such as electric, gas, water, etc. The easement shall be permitted to be for use under, on or above a lot or lots.
ELECTRIC
Any material comprising a fence or wall that carries an electric current intended to generate an electric shock upon contact, excluding fences comprised of individual wires specifically designed for conditioning domesticated animals owned as pets and nuisance-rodents to recognize certain boundaries.
FENCE
An enclosure, wall or partition constructed of approved materials, which encloses or divides a lot, parcel or tract of land.
FENCE HEIGHT
Any fence or wall measured from the finished grade to the top of said fence or wall.
FLOOD INSURANCE RATE MAP
An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
FLOODPLAIN
Any land area susceptible to being inundated by water from any source.
FLOODPLAIN ADMINISTRATOR
The officer or other designated authority charged with the administration and implementation of flood damage prevention, pursuant to Chapter 420 of the Republic City Code.
LOT
A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by the ordinance and having its principal frontage upon a street or upon an officially approved place.
LOT LINE
A line dividing one lot from another, or from a street or any public way.
OWNER
Any person, agent, firm or corporation having a legal or equitable interest in the property.
PERMIT
An official document or certificate issued by the authority having jurisdiction that authorizes performance of a specified activity.
PERSON
An individual, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PUBLIC WAY
Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
REPAIR
The substantial reconstruction or renewal of an existing fence or wall for the purpose of maintenance.
STRUCTURE
Anything constructed or erected, the use of which requires more or less ground.
WALL
See "fence."
WALL HEIGHT
See "fence height."
WORKMANLIKE
Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD
An open space, other than a court, unobstructed from the ground to the sky, on the same lot, which a building is situated.
1. 
The open space on the same lot with a residential or commercial building, between the front wall of the building and the line of that wall extended to the side property lines of the lot and the front property line of the lot nearest the street on which the building fronts.
2. 
The open space on the same lot with a residential or commercial building, between the rear wall of the building and the line of that wall extended to the side property lines of the lot, and the rear property line.
3. 
ADJACENT TO STREET) — The open space on the same lot with a residential or commercial building, between the sidewall of the building and the side property line of the lot nearest the adjacent public street and extending from the front yard to the rear yard.
4. 
The open space on the same lot with a residential or commercial building, between the sidewall of the building and the side property line and extending from the front yard to the rear yard.
5. 
The open space on the same lot with a residential or commercial building, between the sidewall of the building and the side property line and extending from the front yard to the rear yard.
6. 
The open space on the same lot with a residential or commercial building, between the sidewall of the building and the side property line and extending from the midpoint of the sidewall to the front yard.
7. 
The open space on the same lot with a residential or commercial building, between the sidewall of the building and the side property line and extending from the midpoint of the sidewall to the rear yard.
[Ord. No. 08-91 §1, 1-12-2009; Ord. No. 09-10 §1, 4-13-2009; Ord. No. 10-11 §1, 4-12-2010; Ord. No. 16-23 § 1, 11-28-2016; Ord. No. 17-13 § 1, 4-4-2017]
A. 
Fences and walls constructed within the City limits shall comply with the provisions of this Section and be constructed in workmanlike fashion.
B. 
Materials.
1. 
General. All materials, including fasteners, supports, ornamental decorations, etc., used in construction of fences and walls as defined herein, shall be resistant to the elements.
2. 
Prohibited. The following materials shall be prohibited in the construction or use with fences and walls as defined herein:
a. 
Chain link (front yard only);
b. 
Metals, other than wrought iron or its synthetic substitutes;
c. 
Razor wire (concertina wire);
d. 
Barb wire;
e. 
Electric;
f. 
Cinder block; and
g. 
Tires, pallets or other material not specifically designed to be used as a fence.
3. 
Exceptions.
a. 
Security fences located in commercial or manufacturing zoning districts may be comprised of chain link and barbed or razor wire and may be located in the front, side, and rear yards of the property, subject to approval by Community Development Department staff. All barbed or razor wire shall be placed no less than seven (7) feet above the finished grade.
C. 
Construction Requirements.
1. 
Fences and walls can be installed up to the property line; but all posts, bases and other structural parts shall be located completely within the boundaries of the lot on which it is located.
2. 
All fences and walls erected adjacent to a public street shall have the finished side of the fences facing toward the street.
3. 
In residential zoning districts, fences and walls located in the front yard, as defined herein, shall be constructed so as to have a four-inch, maximum open-spaced, picketed-type pattern.
4. 
The owner and/or occupant of the property shall maintain his or her fence or wall in good condition at all times. Fences or walls found to be in a deteriorated condition and/or in need of repair shall be subject to the provisions of Chapter 425 of the Republic City Code.
5. 
Fences or walls shall not be installed in or through a stormwater detention basin, retention pond, drainage easement or area of special flood hazard, unless such fences or walls are formally authorized by the City's Floodplain Administrator through the issuance of a permit.
6. 
Fences or walls installed in or through a utility easement shall be installed at the property owner's risk, and the property owner shall be responsible for the cost of repair to the fence or wall removed or damaged by a utility company or the City exercising its rights under the terms of the easement.
7. 
Fences or walls erected at the intersection of streets or driveways shall not be located within a reserved sight triangle, as indicated by Section 405.910 of the Republic City Code.
8. 
Exceptions to height requirements in the side yard may be granted by City staff responsible for plan review where irregular sidewalls or other unusual circumstances exist.
9. 
Any application for the construction of a fence or wall that is proposed to exceed seven (7) nominal feet in height, in residential zoning districts, shall be constructed in accordance with the design criteria listed below; or by an alternate design prepared by a design professional registered in the State of Missouri; or by a design deemed acceptable by the Building Official.
a. 
Fence posts shall be a minimum of six-inch-by-six-inch nominal wood; and
b. 
Minimum fence post pier shall be twelve (12) inches in diameter with a minimum depth of thirty-six (36) inches into undisturbed soil; and
c. 
The post shall be set into the post pier a minimum of thirty (30) inches; and
d. 
Fence posts shall be a maximum of six (6) feet on center; and
e. 
Fence rails shall be a minimum of three (3) each two-inch-by-four-inch nominal wood; and
f. 
Maximum fence height shall be eight (8) feet.
10. 
All fence or wall construction with electric materials that carry an electric current intended to generate an electric shock upon contact shall install warning signage on the fence. There shall be at least one (1) clearly visible warning sign located on the exterior of each side of the fence and every twenty-five (25) feet of the entire length of the portion of the fence comprised of electric materials as described above. Each warning sign shall clearly and legibly indicate that an electric fence is in use and have an area no less than twenty-five (25) square inches on either side.
11. 
All fences or walls constructed with electric materials that carry an electric current intended to generate an electric shock upon contact shall be located completely within the boundaries of a separate fence or wall composed of non-electric materials and be installed at a height no higher than the height of the separate fence or wall which encloses it.
12. 
In no case shall a fence encroach into a public space or into a sidewalk. All fences shall remain a minimum of twelve (12) inches from the closest sidewalk edge.
13. 
In no case shall a fence enclose or restrict access to a water meter.
14. 
In cases where fences are not erected on property lines due to easement or other restrictions, a pedestrian gate shall be installed within the fence that allows access to the unenclosed space for maintenance activities.
D. 
Fence And Wall Height Requirements.
Maximum Allowable Fence/Wall Height
Fence Location
All Residential Zoned Districts (R1-L, R1-M, R1-MH, R1-H, R1-Z, R-2, R-3)
All Commercial Zoned Districts (C-0, C-1, C-2, M-1, M-2)
Front yard and front half of side yard
48 inches
12 feet
Rear yard and rear half of side yard
8 feet
12 feet
[Ord. No. 08-91 §1, 1-12-2009; Ord. No. 17-13 § 1, 4-4-2017]
A. 
Authority To Continue. Any fence or wall which does not comply with the applicable requirements may be continued so long as it remains otherwise lawful.
B. 
Enlargement, Repair, Alteration. Any non-conforming fence or wall shall not be enlarged, repaired or altered without obtaining a building permit and shall thereafter conform to the regulations of this Chapter.
C. 
Moving. Non-conforming fences or walls shall not be moved in whole or part for any distance whatsoever to any other location on the same lot or any other lot unless the entire fence or wall shall thereafter conform to the regulations of this Chapter.
[Ord. No. 08-91 §1, 1-12-2009; Ord. No. 17-13 § 1, 4-4-2017]
A. 
Unlawful Acts. It shall be unlawful for any person, firm or corporation to install, alter, repair or move a fence or wall; or cause the same to be done, in conflict with or in violation of any provisions of this Chapter.
B. 
Violation — Penalties. Any person found guilty of violating this Chapter shall be penalized in accordance with Section 100.220 of the Republic City Code.