[R.O. 2004 §515.010; Ord. No. 920 §1, 12-16-1999]
For the purposes of this Chapter, certain terms and words are
hereby defined as follows:
A structure erected on a temporary basis to protect a construction
site from vandalism and unauthorized entry.
A structure erected upon a property line or setback line
for the purpose of separating properties or for screening, enclosing
and/or protecting the property within its perimeter. A fence shall
not include construction site barriers, landscape treatments or privacy
screens as defined herein.
The vertical distance measured from the side of the fence
that is exterior to the property and/or from the lowest adjacent ground
level to the top of the fence material. In the case of wire fencing,
height shall be measured by the width of the material used providing
that when installed the material is directly adjacent to the ground
level.
A non-site-obscuring, decorative wooden or metal structure
used to enhance, accent or protect the landscaping of a site.
A decorative structure, often sight obscuring, erected adjacent
to or around a patio, deck, courtyard or swimming pool designed to
screen the area behind it or within its confines from observation
by persons outside its perimeter.
A barbed fence, a fence with spikes or other sharp points
or a razor blade fence.
Opaque or having such qualities as to constitute a complete
visual barrier to persons outside the perimeter of the site-obscuring
object. A fence which partially obscures a site shall not be considered
site obscuring if the distance or open space between boards, slats,
rails, stanchions or balusters equals or exceeds three (3) inches.
A fence, the principal material of which is wire. This includes,
but is not limited to, chain link fences.
[R.O. 2004 §515.020; Ord. No. 920 §1, 12-16-1999; Ord. No. 1156 §3, 11-19-2007]
A.
All
fences erected or altered in the City shall require a permit. A thirty
dollar ($30.00) fee is required for a permit. Routine maintenance
or replacement of fence sections does not require a permit. However,
change or modification of design or placement will require application
and permitting.
B.
The
Code Enforcement Officer shall review all requests for fences. All
applicants shall supply said officer with a locator map and other
documentation as the officer deems necessary. Applications for fence
permits may be obtained at City Hall.
C.
Fences
in side and rear yards shall not exceed six (6) feet in height, except
that security fences in commercial and industrial districts may be
constructed up to eight (8) feet in height to include any barbed wire
used to top the fence.
D.
Unless otherwise restricted by the provisions of Chapter 405, fences may be constructed on the property lines except, however, fences or a landscaped screen on corner lots cannot be constructed within thirty (30) feet of the right-of-way of the intersection of two (2) streets.
E.
On
an interior lot a fence shall not extend beyond the front building
line. On a corner lot a fence shall not extend beyond the front building
line on the side designated by the address to be the front of the
property. In any event, a fence shall not enclose a front yard.
F.
Fences
shall be erected around swimming pools according to the adopted Building
Codes of the City.
G.
It
shall be the responsibility of the property owner to insure that a
fence does not block or obstruct the flow of stormwater.
H.
All
fences erected prior to enactment of this Chapter shall be considered
non-conforming and, as such, shall be allowed to remain in place and
be repaired as necessary.
[R.O. 2004 §515.030; Ord. No. 920 §1, 12-16-1999]
A.
Fences
surrounding private tennis courts or athletic fields shall not exceed
twelve (12) feet in height with exit gates at required intervals.
The minimum setback from any property line for such fencing shall
be six (6) feet. At least the top four (4) feet of a twelve (12) foot
fence shall be open or woven wire construction.
B.
Fences
enclosing an institution, public playground, schools or a commercial
or industrial site shall not exceed eight (8) feet in height with
exit gates at required intervals.
C.
Nothing
shall restrict the erection of necessary backstops and the like for
softball or baseball diamonds or other athletic grounds requiring
backstops, provided such backstops are constructed of wire mesh, chain
link or similar material on metal tubular framing.
[R.O. 2004 §515.040; Ord. No. 920 §1, 12-16-1999]
A.
All
fences shall be maintained in their original upright condition, meaning
that no person shall permit, cause, keep, maintain or allow a fence
within the corporate limits of the City of Pevely in a dilapidated
or dangerous condition.
B.
Fences
designed for painting or similar surface finishes shall be maintained
in their original condition as designed.
C.
Missing
boards, pickets, posts or other sections of fencing material shall
be replaced in a timely manner with material of the same type and
quality.
D.
Fences
shall have adequate footings, foundations or post depth and size as
required by the International Building Code.
E.
The
maximum board width for wood privacy fences is twelve (12) inches
for solid, staggered or "basket weave" fences. Solid panels such as
plywood, O.S.B. sheathing, etc., will not be allowed, except for temporary
construction site barriers erected for public safety. Such temporary
fencing shall be removed upon completion of the construction project.
F.
Materials
allowed for construction of a decorative fence may be wood, woven
wire, wrought iron or square or round tubing, etc.
G.
All
framework of a wooden fence, privacy or decorative, must be on the
inside portion of the fence, and all posts of a wire/chain link fence
must be inside of the fabric.
H.
Ornamental
dividers, plastic chains, posts or like materials erected along driveways
or sidewalks on the interior of a lot shall not be considered a fence.
[R.O. 2004 §515.050; Ord. No. 920 §1, 12-16-1999]
A.
Any
sharp pointed fence. Also, no fence shall be constructed solely of
a single wire or of two (2) wires between posts or supports.
B.
No
fence shall be constructed in whole or in part of barbed wire, except
for agricultural uses in an agricultural district. The top wire or
wires on security fences at least eight (8) feet in height may be
of barbed wire, provided the brackets supporting the barbed wire are
securely fastened to the fence posts and are angled toward the property
and, provided further, that no strand of barbed wire may be closer
than seven (7) feet to the ground.
C.
No
person shall erect or maintain any division fence or screen, in whole
or in part, of cloth, canvas, metal sheeting, plywood, O.S.B. sheathing
or other similar material, unless otherwise allowed herein.
D.
No
person shall permit any fence erected or maintained on premises owned,
occupied or leased by him/her to be used for advertising purposes.
E.
No
person shall connect any type of electrical current to any existing
or newly constructed fence.
[R.O. 2004 §515.060; Ord. No. 920 §1, 12-16-1999]
At such time as a lot which is zoned commercial or industrial
is developed adjacent to a lot which is zoned residential, a permanent
screening consisting of a masonry wall, wood fence, seeded berm, landscaping
material or combination thereof at least six (6) feet in height shall
be installed by the developer of the commercial or industrial zoned
lot. The screen shall be installed between the commercial or industrial
lot and the residential lot. The required screening shall have opacity
of at least eighty percent (80%) year round and, if landscaping is
used, the eighty percent (80%) opacity shall be achieved within four
(4) growing seasons. The required screening shall be maintained in
good order and not allowed to exist in a state of disrepair or neglect,
and the opacity requirements shall be maintained. If wood fencing
is used, it shall be durable in nature or treated to prevent rapid
deterioration. Failure to maintain the required screening shall be
considered a violation.
[R.O. 2004 §515.070; Ord. No. 920 §1, 12-16-1999]
All fences shall be built by the party desiring the same so
as not to have any part of the fence encroaching upon adjoining property.
[R.O. 2004 §515.080; Ord. No. 920 §1, 12-16-1999]
A.
Any
person who erects, builds or constructs any fence or privacy screen
upon property which such person owns or leases or rents shall be responsible
for the repair, upkeep and maintenance of the fence or privacy screen
and any area adjacent thereto.
B.
Any
person who contracts with another or causes another to erect, build
or construct a fence or privacy screen shall be responsible for the
repair, upkeep and maintenance of that fence or privacy screen and
any area adjacent thereto.
C.
Any
person who owns property upon which a previous owner has constructed
a fence or privacy screen shall be responsible for the care, upkeep
and maintenance of the fence or privacy screen. If a previously constructed
fence is located upon a lot line, each successive owner of the fence
shall be responsible for its upkeep and maintenance. If ownership
of a fence located upon a lot line is joint or cannot be determined,
then each party owning property adjacent to the fence shall be responsible
for the care, upkeep and maintenance of that side of the fence facing
their property. For the purposes of this paragraph, the owner of a
fence shall be deemed to be any person, persons or their successors
who purchase or otherwise acquire property from a person who originally
erected or caused a fence to be erected thereon.
D.
All
fences that exist as of the effective date of this Section shall be
kept and maintained in good repair.
[R.O. 2004 §515.090; Ord. No. 920 §1, 12-16-1999]
The Building Inspector or the Mayor's designee may inspect any
fence to determine whether it conforms to the provisions of this Section.
Any person who erects, constructs, builds or causes to erect, construct
or build a fence or has property on which a fence is located shall
allow the Building Inspector access to inspect said fence to determine
whether it complies with the provisions of this Section. When the
Building Inspector finds upon inspection or receipt of a complaint
that a fence has not been constructed, maintained or repaired as required
by this Section, the Building Inspector shall give written notice
at least five (5) days in advance of the date of an intended inspection
to the parties in interest advising them of the time and place that
the fence will be inspected. The Building Inspector shall then inspect
said fence at the arranged time and place and determine in writing
if the fence is required to be repaired or rebuilt. Written notification
of the results of said inspection shall be sent to the owner or person
responsible for the maintenance of the fence. If any person so notified
neglects or refuses to comply with the requirements of such determination
for a period of fifteen (15) days, then the Building Inspector shall
have the authority to cause a complaint to be filed in Municipal Court
against the responsible party or parties.
[R.O. 2004 §515.100; Ord. No. 920 §1, 12-16-1999]
The City of Pevely shall not be responsible for the enforcement
of any agreement relative to mutual or separate payment for the cost
of construction of fences. In addition, the City shall not be responsible
for the determination of the location of any fence to be erected,
built or constructed on a lot line.
[R.O. 2004 §515.110; Ord. No. 920 §1, 12-16-1999]
All fences or other like structures erected or maintained in
violation of this Section are hereby deemed and declared to be a nuisance,
and any owner or occupant of a lot or tract upon which such nuisance
exists shall be deemed guilty of a misdemeanor. Upon conviction thereof,
the owner or occupant shall be punished by a fine not to exceed five
hundred dollars ($500.00) or by imprisonment not to exceed sixty (60)
days, or both such fine and imprisonment.
