City of Eureka, MO ARTICLE IV Fences [1]

[1] Editor's Note — Ord. No. 1605 §1, adopted April 16, 2002, repealed Art. IV, §§5-23 — 5-28 and enacted the new provisions set out herein. Former article IV, §§5-23-5-28 derived from ord. no. 643 §1; ord. no. 1160 §§1-2, 5-2-1995; ord. no. 1223 §§1-2, 4-16-1996; ord. no. 1357 §1, 6-2-1998; ord. no. 1400 §1, 3-30-1999; ord. no. 1427 §§1-2, 10-19-1999; ord. no. 1478 §1, 9-19-2000; ord. no. 1497 §1, 11-21-2000.

Section 5-23 Definitions.

[Ord. No. 1605 §1, 4-16-2002]

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

FENCE

An assemblage of materials, including wood, metal, plastic, brick, stone, hedge row and thick growth of shrubs and the like, or combination thereof, constructed and/or allowed to grow for the purpose of separating property or for the purpose of keeping animals, persons or property contained safely within certain boundaries or property lines, or for the purpose of ornamentation.

FRONT YARD FENCE

A fence (or any portion thereof) that is located between the street right-of-way and the faces of the main building fronting same.

Section 5-24 Fence Permits.

[Ord. No. 1605 §1, 4-16-2002]

A fence may be permitted by the City if the following criteria are satisfied:

(a) Fence Permit Application. An application shall be made to the Building Commissioner which shall include:

(1) Applicant's name and signature;

(2) Subject address;

(3) Plot plan depicting proposed location of fencing; and

(4) Pictures and/or drawings of the proposed fencing.

(b) Application Review. The Building Commissioner or his assigns shall make a determination based on the proposed placement or type of fence if there are additional application requirements, or if special consideration is necessary based on such proposed placement or type of fence. If the proposed fence does not have additional application or review requirements, the following criteria shall be utilized:

(1) That such fencing would not create a safety, fire or traffic hazard or other potentially injurious condition;

(2) That the materials and construction enhance the attractiveness of the property and any structures located thereon; and

(3) That the fence shall be installed with the finished side facing the neighboring property; and

(4) That the character and appearance of the neighborhood will not be compromised.

Section 5-25 Front Yard Fences Prohibited — Generally.

[Ord. No. 1605 §1, 4-16-2002]

It shall be unlawful for any person to construct any type of fence within a residentially zoned district in front yard areas except as provided in this Article. The front yard area includes the area between the structure and street right-of-way. On parcels of land that do not contain a structure, fences shall be prohibited in areas within the front yard area to the established building line for the particular zoning district.

Section 5-25.1 (Reserved) [1]

[1] Editor's Note: Former Section 5-25.1, Same, Exceptions, which derived from Ord. No. 1605 §1, 4-16-2002; Ord. No. 2328 §§1 – 4, 4-7-2015, was repealed 1-18-2022, by Ord. No. 2636.

Section 5-25.2 (Reserved) [1]

[1] Editor's Note: Former Section 5-25.2, Corner Lot Front Yard Fencing, which derived from Ord. No. 1605 §1, 4-16-2002; Ord. No. 1684 §1, 5-6-2003, was repealed 1-18-2022, by Ord. No. 2636.

Section 5-25.3 (Reserved) [1]

[1] Editor's Note: Former Section 5-25.3, Construction of Fencing which Adjoins Adjacent Front Yards, which derived from Ord. No. 1605 §1, 4-16-2002, was repealed 1-18-2022, by Ord. No. 2636.

Section 5-25.4 Front Yard Fence — Commercial and Industrial Zoning Districts.

[Ord. No. 1605 §1, 4-16-2002]

Front yard fencing proposed for operation in commercial and industrial zoning districts may be permitted by the City if the following criteria are satisfied:

(a) Application. An application shall be made to the Board of Aldermen which shall include:

(1) Applicant's name and signature;

(2) Subject address;

(3) Plot plan depicting proposed location of fencing;

(4) Pictures and/or drawings of the proposed fencing; and

(5) Locations of similar installations in the area if they are personally known to exist.

(b) Application Review. The Board of Aldermen shall make a determination of approval based on the following criteria:

(1) The fence shall be no greater than nine (9) feet in height and shall be designed so as to maintain as much open space as is possible and practical. Approved front yard fencing is not to be utilized to delineate property boundaries, and such shall be constructed so as to provide enough free and clear space around all sides to allow for maintenance and repair of the fencing without requiring entry onto property not owned by the applicant, including City, County or State right-of-way. Front yard fencing may not be placed in the City right-of-way and placement over any easement is done at the applicant's risk, with such fencing being subject to removal without replacement or compensation.

[Ord. No. 2451, 6-5-2018]

(2) That the fence shall be installed with the finished side facing the neighboring property;

(3) That such fencing would not create a safety, fire or traffic hazard or other potentially injurious condition; and

(4) That the character and appearance of the neighborhood will not be compromised.

Section 5-25.5 Front Yard Fence — Churches and Schools.

[Ord. No. 1605 §1, 4-16-2002]

Front yard fencing proposed for operation in conjunction with churches and schools may be permitted by the City if the following criteria are satisfied:

(a) Application. An application shall be made to the Board of Aldermen which shall include:

(1) Applicant's name and signature;

(2) Subject address;

(3) Plot plan depicting proposed location of fencing;

(4) Pictures and/or drawings of the proposed fencing; and

(5) Locations of similar installations in the area if they are personally known to exist.

(b) Application Review. The Board of Aldermen shall make a determination of approval based on the following criteria:

(1) The fence shall be no greater than six (6) feet in height and shall be designed so as to maintain as much open space as is possible and practical. Approved front yard fencing is not to be utilized to delineate property boundaries, and such shall be constructed so as to provide enough free and clear space around all sides to allow for maintenance and repair of the fencing without requiring entry onto property not owned by the applicant. Front yard fencing may not be placed in the City right-of-way and placement over any easement is done at the applicant's risk, with such fencing being subject to removal without replacement or compensation.

(2) That the fence shall be installed with the finished side facing the neighboring property;

(3) That such fencing would not create a safety, fire or traffic hazard or other potentially injurious condition; and

(4) That the character and appearance of the neighborhood will not be compromised.

Section 5-25.6 Front Yard Fence — LLRD Zoning District.

[Ord. No. 1605 §1, 4-16-2002; Ord. No. 1707 §1, 8-5-2003]

Front yard fencing proposed for Large Lot Residential Zoning Districts may be permitted by the City if the following criteria are satisfied:

(a) Application. An application shall be made to the Board of Aldermen which shall include:

(1) Applicant's name and signature;

(2) Subject address;

(3) Plot plan depicting proposed location of fencing;

(4) Pictures and/or drawings of the proposed fencing; and

(5) Locations of similar installations in the area if they are personally known to exist.

(b) Application Review. The Board of Aldermen shall make a determination of approval based on the following criteria:

(1) Fence shall be no greater than six (6) feet in height;

(2) Fence shall not be placed in the City right-of-way, and placement over any easements is done at the applicant's risk, with such fencing being subject to removal without replacement or compensation;

(3) That the fence shall be installed with the finished side facing the neighboring property;

(4) That such fencing will not create a safety, fire or traffic hazard or other potentially injurious condition; and

(5) That the character and appearance of the neighborhood will not be compromised.

Section 5-25.7 Front Yard Fence — Lots of Five or More Acres.

[Ord. No. 1686 §1, 5-6-2003]

Front yard fencing proposed on lots of five (5) or more acres may be permitted by the City in any zoning district if the following criteria are satisfied:

(a) Application. An application shall be made to the Board of Aldermen which shall include:

(1) Applicant's name and signature;

(2) Subject address;

(3) Plot plan depicting proposed location of fencing;

(4) Pictures and/or drawings of the proposed fencing; and

(5) Locations of similar installations in the area if they are personally known to exist.

(b) Application Review. The Board of Aldermen shall make a determination of approval based on the following criteria:

(1) Fence shall be no greater than five (5) feet in height;

(2) Fence shall not be placed in the City right-of-way, and placement over any easement is done at the applicant's risk, with such fencing being subject to removal without replacement or compensation;

(3) That the fence shall be installed with the finished side facing the neighboring property;

(4) That such fencing will not create a safety, fire or traffic hazard or other potentially injurious condition; and

(5) That the character and appearance of the neighborhood will not be compromised.

Section 5-25.8 Rear and Side Yard Fence Height.

[Ord. No. 1605 §1, 4-16-2002; Ord. No. 1686 §1, 5-6-2003]

Unless otherwise set forth in this Article, the following provisions with respect to rear and side yard fence height shall be applicable:

(a) Rear and side yard fences in residential zoning districts shall be no greater than six (6) feet in height.

(b) Rear and side yard fences in commercial or industrial zoning districts shall be no greater than eight (8) feet in height, or ten (10) feet in height if such fence is topped with barbed or razor wire.

Section 5-25.9 Regulations — Certain Types of Fences.

[Ord. No. 1605 §1, 4-16-2002; Ord. No. 1686 §1, 5-6-2003]

(a) The installation of barbed wire, razor wire, electrified or other fencing or fencing materials deemed harmful to humans is prohibited on any residentially zoned or residentially utilized lot less than two (2) acres in area. The Building Commissioner is to serve notice to the owners of any pre-existing installations of such fencing to remove same within no more than thirty (30) days after being served said notice.

Section 5-26 Non-Conforming Fences.

[Ord. No. 1605 §1, 4-16-2002]

Front yard fences constructed prior to January 19, 1982, may continue to exist as non-conforming fences, so long as they remain in good condition and repair. Existing front yard fences, upon removal for any reason whatsoever, shall be required to conform to the provisions herein.

Section 5-27 Enforcement.

[Ord. No. 1605 §1, 4-16-2002]

The Building Commissioner is hereby empowered to perform inspection, administer and enforce the provisions contained herein. The procedures outlined in Division 6 of Article I of this Chapter shall be used as the administrative procedure for this Article.

Section 5-28 Violations and Penalties.

[Ord. No. 1605 §1, 4-16-2002]

Any person who shall violate a provision of this Article or who shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a fence in violation of an approved plan or directive of the Building Commissioner, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.