07-10399 Fence RegulationsN
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(Published in the Salina Journal on July Z, 2007.)
ORDINANCE NUMBER 07-10399
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE V, SECTION 42-83 OF THE
SALINA CODE PERTAINING TO THE REGULATION OF FENCES, WALLS AND HEDGES
AND REPEALING EXISTING SECTION 42-83.
BE ORDAINED by the governing body of the city of Salina, Kansas:
Section 1. That Section 42-83 of Chapter 42, Article V, of the Salina Code is hereby amended
to read as follows:
"Sec. 42-83 Fences, Walls and Hedges
(a) Erecting, maintaining for spite prohibited. No person shall erect or maintain any fence,
wall or hedge for the definite purpose of annoying any other person, or for the purpose
of injuring another by obstructing the view, shutting out the sunshine, hindering
ventilation or causing inconvenience in any other manner.
(b) Electrical fences prohibited. No electrically charged fence shall be erected or
maintained.
(c) Erecting, maintaining on public property. No privately owned fence, wall or hedge shall
be erected or maintained on any public property; provided however, a split rail fence not
exceeding a height of three (3) feet may be erected within the right-of-way of a local
residential street when placed at least six (6) feet from the curb or traveled way.
(d) Hedges along streets, alleys. It shall be unlawful for the owner or occupant of any real
estate in the city to permit or allow any hedge standing or growing thereon as a fence
along any of the public streets or alleys of the city to be or become more than three (3)
feet in height or to permit or allow the same to extend into the streets or alleys more than
one (1) foot.
(e) Fences classified. For the purposes of this article, fences are hereby classified into the
following types:
(1) Class 1. Masonry walls;
(2) Class 2. Ornamental iron;
(3) Class 3. Woven wire or chain link.
(4) Class 4. Wood picket or split rail (more than fifty (50) percent open);
(5) Class 5. Solid fences (wood or metal less than fifty (50) percent open).
(f) Requirements for fences, hedges enclosing dwelling plots. In any location zoned
residential, fences shall conform to the following requirements:
(1) Front yard. Front yard fences and hedges erected in front of the required front
yard building line (see Article VI, District Regulations) shall be of any class.
Class 2,'3 and 4 fences shall not exceed a height of four (4) feet; Class 1 and 5,
fences shall not exceed a height of three (3) feet. Fence's and hedges on corner
lots in which the rear yard abuts the front yard of the adjoining lot shall conform
to the requirements for front yard fences and hedges for such part of the fence or
hedge as abuts the adjoining front yard.
a. Fences on corner lots. Where a property is located on a corner lot, thus
requiring compliance with two (2) or more front yards, a solid fence may
be erected, not to exceed six (6) feet to height along the nonaddress front
yard extending to the property line. Such fence shall not be erected in
violation of Section 42-81, Obstructing visibility at intersections. b.
Fences on double frontage lots. Where a property consists of a lot
where two (2) opposite lot lines abut public streets which are more or
less parallel and thus requires compliance with two (2) front yard
setbacks, a solid fence may be erected not to exceed six (6) feet in height
along the yard which has been designated as the rear yard by the owner
or developer. When one (1) of the streets abutting such a lot has been
officially designated by the city as an arterial street, said fence shall not
be erected in violation of Section 42-81, Obstructing visibility at
intersections.
(2) Side yard. Side yard fences erected back of the required front yard building line
and within the required side yard of the lot (see Article VI, District, Regulations)
may be of any class not over six (6) feet in height. The height restrictions herein
provided shall not be applicable to planting of shrubs and/or trees used as a
hedge.
(3) Rear yard. Rear yard fences and hedges erected along the rear property line may
be of any class not over eight (8) feet in height, except as provided by subsection
(1). The height restrictions herein provided shall not be applicable to planting of
shrubs and/or trees used as a hedge.
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(4) Prohibited fences. No barbed wire or other sharp pointed fences shall be erected
or maintained in any residential or commercial district, except for those listed in
subsection (g).
(5) Fences on retaining walls. In case of a fence erected on top of a retaining wall,
the height shall be measured from the grade of the low side; provided, that in any
case, a fence of Class 2, 3, 4, or 5 may be erected on top of a retaining wall to a
height not to exceed six (6) feet above the grade of the high side.
(6) Retaining walls. Retaining walls shall be adequately designed and drained so as
to resist all lateral pressure to which they may be subjected. Retaining walls shall
not be built higher than the grade of the ground on the high side of the wall when
such would exceed the height allowed for a Class 1 fence, the height of which is
measured from the low side of the wall.
(7) Variations. When, in the judgment of the Board of Zoning Appeals, the public
health, safety and welfare will be substantially served, the neighborhood
property will not be materially damaged, and a certified copy of a written
agreement between neighboring property owners has been filed with the Board
of Zoning Appeals, it may, at its discretion vary the requirements herein;
provided, that no violation of Chapter 42 may be permitted.
(g) Barbed wire. Barbed wire fences may be installed in industrial districts provided that the
barbed wire must be installed at a height of no lower than six (6) feet from the ground.
In addition, for security purposes, the following uses may be enclosed by fences
containing barbed wire at a height no closer than six (6) feet from the ground regardless
of whether they are located in a residential, commercial or industrial district:
(1) Airports
(2) Armories and other military installations
(3) Contractor's storage yards
(4) Correctional facilities
(5) Public water and wastewater facilities, including water tower sites
(6) Public utility substations
(7) Radio, television, microwave transmitting and communication tower sites
(8) Secured storage facilities (mini -storage, RV storage and warehouses)
(9) Vehicle and equipment storage yards
(h) Requirements for commercial and industrial fences. Commercial or industrial fences
may be of any class and the height thereof shall not exceed ten (10) feet; provided that
when such fences are built in required front yard setback spaces (see Article VI, District
Regulations), they shall be limited to Class 3 type fences which shall not exceed a height
of eight (8) feet unless the fence is required elsewhere in this chapter for screening
purposes. A fence required for screening purposes shall be of Class 5 type construction.
(See Section 42-79 regarding required obstructions in front yards.)
(i) Maintenance of fences. Fences shall be kept in repair and any dilapidated, dangerous or
unsightly fence shall be removed or repaired when so ordered by the Zoning
Administrator or his or her designee.
0) Violations declared nuisances; removal. Any fence, hedge or wall erected or maintained
in violation of the.provisions of this article is hereby declared to be a nuisance and shall
be removed by the owner thereof within five (5) days after receipt of notice from the
Zoning Administrator or his or her designee to remove same."
Section 2. That existing Section 42-83 is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption and'
publication once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, CitJ/flerk
Introduced: July 16, 2007
Passed: July 23, 2 7
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