04-10217 Fence Regulations(Published in the Salina Journal on October T, 2004)
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ORDINANCE NUMBER 04-10217
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AN ORDINANCE ADDING SECTION 42-83 TO ARTICLE V, CHAPTER 42 AND
REPEALING ARTICLE XII, SECTIONS 8-402 THROUGH 8-411 IN CHAPTER 8 OF THE
SALINA CODE PERTAINING TO FENCE REGULATIONS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 42-83 of the Salina Code is hereby added 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 I
height of three (3) feet. Fences 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.
(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 judgement 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 but the barbed wire
must be installed at a height no lower than six (6) feet from the ground.
(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.
(j) 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 the existing Section 8-402 through 8-411 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:
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Lieu Arm Elsey, CMC, City Plerk
Introduced: July 19, 2004
Passed: October 11, 2004
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nte Shadwick, Mayor