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Legislation #: 970317 Introduction Date: 3/13/1997
Type: Ordinance Effective Date: 7/20/1997
Sponsor: COUNCILMEMBER DANAHER
Title: 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.

Legislation History
DateMinutesDescription
3/13/1997

Referred Planning, Zoning & Economic Development Committee

3/19/1997

Hold On Agenda

3/26/1997

Hold On Agenda

4/2/1997

Hold On Agenda

4/9/1997

Hold On Agenda

4/23/1997

Hold On Agenda

5/21/1997

Hold On Agenda

6/4/1997

Hold On Agenda

7/2/1997

Do Pass as a Committee Substitute

7/3/1997

Assigned to Third Read Calendar

7/10/1997

Passed as Substituted


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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.

 

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Approved as to form and legality:

 

 

____________________________

Assistant City Attorney