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.
(1) 
No fence, as defined in § 5-37 above, shall have an electric current running through it.
(2) 
No wire, except electric, phone, cable television, or other utility, shall have an electric current passing through it except as permitted below.
a. 
The wire is installed in strict accordance with the National Electric Code, as adopted by the City.
b. 
The wire is located inside an area enclosed and secure from the public.
c. 
The wire is set back a minimum of 18 inches from the enclosure required in Subsection (b) above.
d. 
The wire is set back a minimum of 18 inches from any property line.
(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 shall be in good repair and structurally sound.
(b) 
Fences shall not have any loose fencing, panels, or other material which moves or vibrates under normal wind conditions.
(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.
The Board's decision on an appeal shall be incorporated on the fence permit by reference to the decision number and date of decision.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
(d) 
Decision subject to review; procedure. Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment shall have the right to appeal said decision pursuant to the Administrative Procedure Act.[2]
[2]
Editor's Note: See 5 U.S.C. § 551 et seq.