BILL NO. 0444 ORDINANCE NO. 13-07
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE V: BUILDING CODES AND REGULATIONS, BY DELETING SECTION 500.190: FENCE REGULATIONS, AND ADDING A NEW SECTION 500.190: FENCE REGULATIONS.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:
SECTION 1: The Municipal Code, City of Clarkson Valley, Missouri, is hereby amended in Title V: Building Codes and Regulations, by deleting the current Section 500.190: Fence Regulations, and substituting therefore a new Section 500.190: Fence Regulations.
SECTION 2: A new Section 500.190: Fence Regulations, shall be adopted which will read as follows:
ARTICLE V. MISCELLANEOUS BUILDING REGULATIONS
SECTION 500.190: FENCE REGULATIONS
A. Purpose. The fence regulations set forth supplement the district regulations for each district in the zoning regulation.
B. Definitions. For the purpose of this article, the following terms shall be deemed to have the meaning indicated below:
Fence: A structure and/or materials, other than plant material, erected to provide a barrier or enclosure within or around a lot or any portion thereof. Shrubs, hedges, trees and other plant material shall not be considered a fence.
Privacy Fence and Semi Privacy Fence: A fence over three (3) feet tall that is solid or almost solid that shields the space from observance by people outside the perimeter of the fence.
C. Fence Regulations:
1. The fences shall be located within the rear yard (as defined in the zoning regulations) of the property. No fence shall be located in the front yard as defined in the zoning regulations.
2. Swimming Pool and Open Water Retention Basin Safety Devices. Every person owning land on which there is situated a swimming pool and/or a water retention basin which contains twenty-four (24) inches or more of water in depth at any point and greater than two hundred fifty (250) square feet in area shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be not less than four (4) feet above the underlying ground; all gates must be self-closing and self-latching with latches placed four (4) feet above the underlying ground or otherwise made inaccessible from the outside to small children.
3. Prohibited Fences. Certain fences shall not be allowed including privacy fences and semi privacy fences, fences made of chicken wire, barbed wire, chain link or similar materials. Electric fences above ground shall not be permitted unless used on larger lots consisting of not less than two (2) acres which have been authorized for the maintaining of livestock. Fences which exceed the height of six (6) feet shall not be permitted.
Exception for "C" and "PC" Districts: (The use of vinyl coated chain link fencing shall be permitted for use in the "C" and "PC" Districts as part of an approved storm water control system, including detention and/or retention systems, but the specific location, color, height, wire gauge, and design of the vinyl coated chain link fencing must be specially approved by the Board of Aldermen. The Building Commissioner shall not have the authority to authorize a permit for vinyl coated chain link fencing unless the fencing has been authorized by the Board of Aldermen.)
D. Permit Required. No person shall erect or maintain within the City any fence without first having complied with the provisions of Article IV of this Chapter and having obtained a building permit. A person seeking architectural approval and a building permit shall comply with the regulations appearing elsewhere in the Building Code with regard to submitting plans and drawings for constructing and/or erecting a structure. There shall be a permit fee of twenty-five dollars ($25.00) paid to the City when submitting plans, drawings and application for a fence building permit and a fee of forty dollars ($40.00) paid to the City each time the City requires an inspection be made by the Building Commissioner. Normally there will be two (2) inspections; post hole and at the completion of the fence unless the City determines that more inspections are required because of the type of construction.
E. Fences existing at the time of adoption of these regulations may remain, however, should those fences fall in disrepair or be damaged to the extent that fifty percent (50%) of the fence requires replacement, then the entire fence shall be brought into compliance with the requirements of the fence regulations (unless the damage is caused by storm or outside the owner's control). Any fence that is not in compliance with these regulations at the time of adoption may not be replaced without complying with the regulations. (CC 1990 §5-138; Ord. No. 99-06 §2, 7-6-99; Ord. No. 09-14 §§1─2, 10-6-09)
SECTION 3: All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed and held for naught.
SECTION 4: Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any Court, or any right acquired or liability incurred, or any cause or causes of action acquired or existing under any act or Ordinance hereby amended.
SECTION 5: Except as amended herein, Title V of the Municipal Code, City of Clarkson Valley, Missouri, shall be and will remain in full force and effect.
SECTION 6: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.
PRESENTED, APPROVED AND PASSED BY A MAJORITY OF THE BOARD OF ALDERMEN this 3rd day of December 2013.
City of Clarkson Valley