COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970317
Amending Chapter 56, Code of Ordinances of the City of
Kansas City, Missouri, by repealing Section 56-114, Fences and retaining walls,
and enacting in lieu thereof one new section of like number and subject matter
that regulates front yard fences and fences in commercial property adjacent to
residential property within City limits.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 56, Code of Ordinances of
the City of Kansas City, Missouri, is hereby amended by repealing Section
56-114, Fences and retaining walls, and enacting one new section, to read as
follows:
Sec. 56-114. Fences and retaining walls.
(a) Location/Height. No fence or solid wall may be
over six feet high and located within 25 feet of any building used as a
residence by any person other than the owner or the tenant of the owner of the
property on which such fence is located, except as otherwise provided in the zoning
ordinance. This requirement does not apply to any fence constructed before
October 27, 1992, or to fences covered in subsections (b), (c), (d), and (e).
(b) Front yard fences. No fence in the front yard of
a residential property may be over forty two (42) inches high and located
within 36 inches of the public right of way. For the purposes of this
subsection, front yard is defined as the open space on the same lot with a
building or structure, between the front wall of the building or structure and
the front line of the lot nearest the street on which the building or structure
fronts.
(c) Front yard fences on vacant lots. No vacant lot
on the same side of the street within the same block shall have a front yard
fence over forty two (42) inches high and located within 36 inches of the
public right of way. For the purposes of this subsection, the depth of a front
yard of any vacant lot shall not be less than the least depth of the front yard
of any existing improved residential property on the same side of the street
within the same block.
(d) Corner Lots. No fence in the front or side yard
of a residential property may be over forty two (42) inches high and located
within 36 inches of the public right of way. For the purposes of this
subsection, side yard is defined as the open space on the same lot with a
building or structure, between the side wall of the building or structure and
the front line of the lot nearest the street on which the building or structure
fronts.
(e) Exceptions. The requirements of subsections
(b), (c), and (d) do not apply to any fence constructed before September 3,
1997.
(f) Materials and Maintenance. All fences and
retaining walls on the premises shall be structurally sound and kept in good
repair. Acceptable fencing materials include:
1) Chain Link (except for fences covered under
subsections (b), (c), and (d)) 2) Split rail 3) Wood (fabricated
primarily as fencing material) 4) Plastic or vinyl (fabricated primarily
as fencing material) 5) Vegetation/hedges 6) Masonry, brick, or
cinder block 7) Ornamental iron.
The fenceposts shall be firmly set in a base that does
not allow the posts to wobble. The fence railings or slatting shall be firmly attached
to the supporting posts. Gaps or wedges in a retaining wall shall be restored
to the original condition. Fences and retaining walls shall not encroach on the
public right-of-way and must be maintained in a manner that will protect the
fence or wall from rotting, decay, deterioration or loss of structural
integrity.
(g) Exposure. Any fence located entirely within a
property shall have the smooth finished surface facing the exterior of the
property. This requirement does not apply to any fence constructed before
October 27, 1992.
____________________________________
Approved as to form and
legality:
____________________________
Assistant City Attorney