No fence shall be constructed or reconstructed without filing an application with the Building Commissioner and obtaining the required permit. The permit application shall include the height, type, construction materials of the fence, and a site plan. The site plan shall show the location of the fence with relation to the property lines and street/curb/sidewalk and/or house, but this provision shall not be interpreted to require a site plan by a licensed surveyor. Fees shall be in accordance with Chapter 5, Article VII, of the City of Kirkwood Code of Ordinances.
For purposes of this article, a "fence" shall be defined as
a structure serving as an enclosure, wall, or barrier constructed
of posts, supports, boards, wires, stakes, rails, masonry, or stone.
[Ord. No. 9442, § 1, 1-6-2005]
(a)
Prohibited materials and construction:
(1)
Fences shall not be constructed or erected, in whole or in part,
with paper, cloth, canvas, bamboo, chicken coop wire, or other like
material.
(2)
Fences in the front of the front building line of any residentially
zoned or residentially occupied lot shall not be constructed or erected,
in whole or part, with chain link, wire, wire mesh, plastic mesh,
wooden slatted tied together with wire or other like material or construction.
This restriction shall apply to all street frontages on corner, through,
or any multiple-frontage lots.
(3)
Fences shall be constructed in such a configuration that all framing
members and support posts face towards the interior of the property
of the person who erects, constructs, or causes the fence to be constructed.
(b)
Barbed wire.
(1)
Fences on any residentially zoned or residentially occupied lot shall
not be constructed in whole or part with barbed wire or any similar
material.
(2)
Fences in nonresidential zoned areas may have barbed wire six feet
above grade, except barbed wire or any similar material shall not
be on any fence adjacent to the right-of-way or easement line of any
public street, alley, sidewalk, or park.
(c)
Electric fences.
(2)
No wire, except electric, phone, cable television, or other utility,
shall have an electric current passing through it except as permitted
below.
(3)
Underground wire installed within the provisions of the City Building
Code and National Electric Code shall be exempt from the regulations
of Subsection (d).
(d)
Wire fences. No fence shall be constructed solely of a single wire
or of two wires between posts or supports.
(e)
Swimming pool fences. Swimming pools shall be enclosed by a barrier
in accordance with the City's Property Maintenance Code.
(a)
Fence height shall be measured from the topmost point of the fencing
material vertically to the ground.
(b)
Fences shall not exceed six feet in height, except as provided otherwise
within this article. Posts may be up to six inches taller than the
fencing material.
(c)
Fences located in front of the front building line of any residentially
zoned or residentially occupied lot shall not exceed 48 inches in
height, except as provided otherwise within this article. On corner,
through, or on any other multiple-frontage lots, this height restriction
shall apply only to the frontage upon which the house is addressed.
(d)
Fences built around tennis courts shall be of open mesh construction
and shall not exceed 15 feet in height.
(e)
Fences enclosing an institution; a public park; a public playground;
an elementary, middle school or high school site; or a commercial
or industrial occupancy shall not exceed 10 feet in height.
[Ord. No. 8473, 12-21-1995]
(a)
Fences located in the front of the front building line of any residentially
zoned or residentially occupied lot shall be at least 1/3 open, except
as provided otherwise in this article. On corner, through, or any
other multiple-frontage lots, this openness restriction shall apply
only to the street frontage upon which the house is addressed.
(b)
Fences constructed of stone or brick which do not exceed 36 inches
in height are exempt from the openness requirements.
(c)
Fences enclosing an institution; a public park; a public playground;
an elementary, middle, or high school site; or a commercial or industrial
occupancy or use are exempt from the openness requirements.
[Ord. No. 8473, 12-21-1995]
(a)
Fences shall not be located within public right-of-way.
(b)
Fences shall not be located within 12 feet of the curbline of a public
street.
(c)
Fences shall not be located within 25 feet of the point of intersection
of the curb or edge of two intersecting streets.
(d)
Fences shall not be located within one foot of a public right-of-way,
a public walkway, or a public sidewalk.
(e)
Fences may be located on property lines if not otherwise prohibited
by the above subsections or any other provision in this Code.
(a)
Public safety fences. Fences enclosing utility substations; utility
installations; bridges; bridge walkways; bridge abutments; retaining
walls along roadways; culvert openings; open drainage areas; fences
installed by the City, state, county, or public utility; and temporary
construction fences are exempt from this article.
(b)
Fences approved by special procedure. Fences specified and approved
by the Planning and Zoning Commission and/or City Council as part
of a site plan review, special use permit or other procedure are exempt
from this article.
(a)
Fences legally installed prior to adoption of this article and not
in conformity to this article may remain. However, such legal, nonconforming
fences shall be in good repair and shall not be structurally unsound
and shall not deteriorate to an unsightly condition.
(b)
Nonconforming fences which require 50% or more replacement or repair
in a one-year period shall become in conformity with this article.
Any replacement of 50% or more of any fence shall require the fence
to become in conformity with this article.
[Ord. No. 10090, 9-20-2012]
Any person aggrieved by an order, requirement, decision or determination
of the Building Commissioner with respect to fences covered by this
article shall be entitled to appeal to the Board of Adjustment for
the purpose of review or modification of the Building Commissioner's
order, decision or determination. In addition, the Board of Adjustment
may grant variances from this article. The guidelines, grounds and
procedures enumerated herein shall govern with respect to fences covered
by the article, and in the event the provisions of Appendix A, Zoning, § A-1110,
Board of Adjustment, are inconsistent with these provisions, then
the provisions herein shall control.
(a)
Guidelines for overturning or modifying Commissioner's decision.
The Board of Adjustment shall, in considering appeals from the Commissioner's
order, decision or determination, establish that the fence or application
in question complies with all of the requirements of this article.
If it is determined that the Building Commissioner's interpretation
or application of this article to the appellant's fence or request
for a permit is erroneous, then the Board of Adjustment may overturn
or modify the Building Commissioner's decision.
(b)
Grounds for granting variances. The Board of Adjustment may grant
variances from this article where it is found that the applicant would
be subject to an undue hardship because of the limitations on character,
size, or dimensions of a fence; or the regulations controlling the
erection or installation of a fence; or the fence is an historic restoration
of the property; or due to the nature, shape, size or area of the
lot, such as through lots or three-frontage lots, no reasonable area
is available for the use and privacy of the resident, the permittee
would be subject to undue hardship. Undue hardship is not a mere loss
of a possible advantage or convenience to the applicant. If it is
determined that the applicant for a variance is subject to an undue
hardship, then the Board of Adjustment shall also determine that the
proposed fence:[1]
(1)
Will not be inappropriate to the scale of the building to which it
relates or to the aesthetic environment of the surrounding structures
and land use;
(2)
Will not impair an adequate supply of light and air to the adjacent
property;
(3)
Will not adversely affect the character of the neighborhood; and
(4)
Will not adversely affect the general health, safety and welfare
of the community.
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The Board's decision on an appeal shall be incorporated on the
fence permit by reference to the decision number and date of decision.
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(c)
Procedure for requesting and hearing appeals and variances. Application
for appeal or variances shall be completed within 30 days of the determination
of the Building Commissioner. The application for appeal or variances
shall specify the grounds for such appeal or variance and shall be
accompanied by a fee as established in the Fee Schedule of § 5-109.
The Board of Adjustment shall fix a reasonable period of time
for hearing the appeal or variance. It shall give due notice to the
parties in interest. The Board of Adjustment shall also give notice
by first class mail to all property owners, as shown by the tax records
of the City, within 100 feet of the boundaries of the tract of land
for which the application is filed. All hearings shall be open to
the public. The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing
to vote, indicating such fact, and shall keep records of its examinations
and other official actions. All ordinances of the City, zoning enactments
of the City and the district maps which may have been or may hereafter
be in force shall automatically be part of each hearing to the extent
applicable without being specifically introduced at a hearing. The
Board shall make findings together with the decision within a reasonable
period of time. The applicant shall be provided a written copy of
the finding and decision.
