Fences and Walls
Chapter 27. Code of Ordinances
City of Kansas City, Mo.
ARTICLE I. IN GENERAL
Sec. 27-1. Title of Chapter; delegation of duties by the Building Official.
Sec. 27-2. Purpose and scope of chapter.
Sec. 27-3. Enforcement of chapter.
Sec. 27-4. Definitions.
Sec. 27-5 - 27-9. Reserved
ARTICLE II. LOCATION
Sec. 27-10. Fences and walls.
Sec. 27-11. Special exceptions.
Sec.27-12. Electric fences.
ARTICLE I. IN GENERAL
Sec. 27-1. Title of chapter; delegation of duties by Building Official.
(a) This chapter shall be known as the fence and wall code of the city, and may be cited as such.
(b) Responsibilities of the Building Official under this chapter may be performed by authorized representatives.
(Ord. No. 000138, 3-9-2000)
Sec. 27-2. Purpose and scope of chapter.
(a) The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the construction of fences and walls within the city.
(b) The regulations of this chapter are not intended to permit any violations of the zoning ordinance, property maintenance code or any other applicable ordinances.
(Ord. No. 000138, 3-9-2000)
Sec. 27-3. Enforcement of chapter.
(a) Violations; penalty. It shall be unlawful for any owner to construct, enlarge, repair, improve, use, occupy or maintain any fence or wall, partial or whole, in the city, or cause such work to be done, contrary to or in violation of any of the provisions of this chapter, or rules or regulations promulgated under this chapter. Upon conviction thereof, such person shall be punished by a fine of not more than $500.00, imprisonment for not more than six months, or both such fine and imprisonment. Each day a fence or wall is maintained in violation of this chapter or any provision thereof shall constitute a separate offense.
(b) Appeals. Any decision of the Building Official in the enforcement of this chapter shall be subject to appeal to the board of zoning adjustment.
(c) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Building Official has reasonable cause to believe that there exists any condition which makes the fence or wall unsafe, dangerous or hazardous or there exists a violation of this chapter, the director of codes administration may enter upon the premises at all reasonable times to inspect or to perform any duty imposed upon the director, provided that the director shall first request entry to inspect any area not properly open to the director.
(Ord. No. 000138, 3-9-2000)
Sec. 27-4. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fence or wall means an enclosure, wall or partition constructed of chain link, split rail, wood, plastic or vinyl (fabricated primarily as fencing materials), masonry, brick, stone, cinder block, ornamental iron or other building material which encloses or divides a lot or parcel of land.
Owner means any person, employee, firm or corporation, partnership, association, organization or governmental agency properly regulated by the city who, alone or jointly or severally with others:
(1) Shall have legal title to any structure with or without accompanying actual possession thereof; or
(2) Shall have charge, care or control of any structure, or part thereof, as agent or personal representative of the person having legal title to the structure, or part thereof.
(Ord. No. 000138, 3-9-2000)
Sec. 27-5 - 27-9. Reserved.
ARTICLE II. LOCATION
Sec. 27-10. Fences and walls.
(a) Fences and walls, generally. No fence or wall over six feet high shall be erected on a residential lot, provided that this height restriction is further limited in subsections (b), (c), (d) and (e) of this section.
(b) Front yard fences and walls. No fence or wall in the front yard of a residential lot may be over 48 inches high. For the purposes of this subsection, front yard is defined as the open space on the same lot with a building used as a residence, between the front wall of the building and the line of that wall extended, the side property lines of the lot, and the front property line of the lot nearest the street on which the building fronts.
(c) Front yard fences and walls on vacant lots. No fence or wall in the front yard of a vacant residential lot may be over 48 inches high. For the purposes of this subsection, the front yard is defined as the open space between the platted or established front building line, the side property lines of the lot, and the front property line of the lot nearest the street. The depth of a front yard of any vacant residential 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) Fences and walls on corner lots. No fence or wall in the front or side yard of a residential property may be over 48 inches high. For the purposes of this subsection, side yard is defined as the open space on the same lot with a building used as a residence, situated between the side wall of the building or structure and the side property line of the lot nearest the street and extending through from the front yard to the rear yard. For purposes of this subsection, the rear yard is defined as the open space on the same lot with a building used as a residence between the rear line of the building and that line extended, the side property lines of the lot and the rear property line of the lot.
(e) Fences and walls on vacant corner lots. No fence or wall in the front or side yard of a residential corner lot may be over 48 inches high. For the purposes of this subsection, side yard is defined as the open space situated between the platted or established side yard setback line and the side property line of the lot nearest the street and extending through from the front yard to the platted or established rear yard setback line.
(f) Applicability. The requirements of this section do not apply to walls of buildings, portions of retaining walls below grade on one or both sides, or to any fence or wall constructed prior to March 20, 2000.
(Ord. No. 000138, 3-9-2000)
Sec. 27-11. Special exceptions.
(a) The board of zoning adjustment is hereby authorized to grant special exceptions to the requirements set forth in section 27-10.
(b) Special exceptions may be granted by the board provided that it is demonstrated that:
(1) There is good and sufficient cause to grant the exception commensurate with the degree and nature of the exception requested;
(2) The grant of a special exception will not adversely affect the appearance of the neighborhood or adjacent properties; and
(3) The wall or fence is compatible with the existing residence/building in terms of materials, color and design.
(c) Upon consideration of the factors set forth in subsection (b) of this section, the board may attach such conditions to the granting of the special exception as it deems necessary.
(d) The board of zoning adjustment is hereby authorized to establish rules and regulations for the method of requesting special exceptions, nature of hearing, and such other matters it deems appropriate.
(e) The filing fee for requesting of a special exception shall be $168.00.
(f) A simple majority of the board shall be required to approve any special exception.
(g) The requirements of sections 80-330 and 80-335 as to public hearing and notice shall not apply to this section; provided, however, that all adjacent or contiguous property owners to the subject property shall be sent mailed notice thirteen days in advance of any hearing before the board requesting a special exception to section 27-10. The notice shall set forth the general purpose of the hearing and the time and place thereof. The names of property owners shall be determined as the owners of record according to the records of the city assessor. For all hearings before the board of zoning adjustment, the director of city development or his/her designee shall certify by affidavit that the mailing has occurred and such affidavit shall become part of the record as proof of such mailing.
(h) Any person or persons jointly or severally aggrieved by any decision of the board or any office, department, board or bureau of the municipality may present to the circuit court of the county in which the property is situated a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days of the date of the decision of the board.
(Ord. No. 000138, 3-9-2000; Ord. No. 080766, § 1, 8-14-08)
Sec. 27-12. Electric fences.
All fence containing uninsulated electric conductors that may be exposed to human contact that are permitted under Chapter 48 must meet or exceed the following standards:
(a) Commercial or heavy industrial zone:
(1) May not be located within 5 feet of any public street or sidewalk.
(2) May not be located less than three hundred feet from a residence or from any public, private or parochial school, day care facility, church or park land.
(3) The system may not exceed twelve (12 ) volts.
(4) The system used to energize the electric fence must be listed by a national testing agency such as UL or ETL.
(5) The entire electric fence must be inside or enclosed by a primary non-electric perimeter security fence a minimum of 6 feet in height and located no closer than 5 feet to the electric fence.
(6) Warning signs must be displayed every fifty (50) feet clearly identifying the fence as an electric fence.
(b) Agricultural zone. Electric fences may not be within 5 feet of any surfaced public street or sidewalk.
(Ord. 010845, 6-14-2001)
