HomeMy WebLinkAboutOrd.4290.01-09-2012 BILL NO. 11-190 ORDINANCE NO. 5G96
AN ORDINANCE AMENDING ARTICLE VI OF
CHAPTER 25 OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE GIRARDEAU, MISSOURI,
REGARDING FENCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
ARTICLE 1. Article VI of Chapter 25 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, relating to
"Fences" , reading as follows :
ARTICLE VI . Fences
Sec . 25-601 . Applicability.
The requirements of this section shall apply to the
construction, installation, extension and replacement
of all fences more than thirty-six (36) inches in
height .
Sec . 25-602 . Permitting Process .
A fence permit shall be obtained prior to beginning
construction, extension or replacement of all
applicable fences . If more than thirty (30) percent of
an existing fence is being replaced, a permit must be
obtained. To obtain a permit for a fence, a completed
application form and site plan must be submitted to the
City Manager. The following regulations apply to 'the
installation of any fence requiring a permit .
Sec . 25-603 . General Standards
(a) Fences may be constructed up to, but not on, the
property line and must be entirely on the property
of the property owner constructing the fence . The
property owner is responsible for locating
property lines .
(b) Fences cannot be constructed within thirty (30)
feet of the intersection of two (2) streets, as
measured from the right-of-way/property line .
(c) Fences shall not be constructed within any utility
easement, except as authorized by the city manager
after the property owner signs a waiver accepting
the responsibility for building a fence within a
utility easement .
(d) All fences must be constructed in a workmanlike
manner and maintained in their original upright
condition.
(e) Missing boards, pickets or posts shall be replaced
in a timely manner with material of the same type
and quality.
(f) Fences shall have adequate footings, foundations,
or post depth and size .
Sec . 25-604 . Location, type and height .
Residential uses
• Rear and side Maximum of six (6)
yards feet
• Front yards Maximum of three 500 of the
(3) feet surface must be
open
Commercial uses
• Rear and side Maximum of eight May include
yards (8) feet barbed wire on
top
• Front yards Maximum of three
(3) feet
Swimming pools Minimum of four In accordance
(4) feet with Section 13-
37 of the City
Code
Tennis Maximum of twelve Must be open
Courts/Athletic (12) feet wire mesh fences
Fields
Playgrounds/schools Maximum of eight
(8) feet
Sec . 25-605 . Prohibited fences .
(a) 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, and except
for top wire or wires on a security fence at least six
(6) feet in height .
(c) No fence shall be constructed in whole or in part of
cloth, canvas or other like material .
(d) No fence shall be used for advertising purposes .
(e) No fence shall have connected to it any type of
electrical current, except in the AG or AG-1
Districts
is hereby repeha'led in its entirety, and a new Article VI of
Chapter 25 of the Code of Ordinances of the City of Cape
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Girardeau, Missouri, relating to "Fences" , is hereby enacted in
lieu, in words and figures, to read as follows :
ARTICLE VI . Fences
Sec . 25-601 . Applicability.
The requirements of this section shall apply to the
construction, installation, extension and replacement
of all fences more than thirty-six (36) inches in
height .
Sec . 25-602 . Permitting Process .
A fence permit shall be obtained prior to beginning
construction, extension or replacement of all
applicable fences . If more than thirty (30) percent of
an existing fence is being replaced, a permit must be
obtained. To obtain a permit for a fence, a completed
application form and site plan must be submitted to the
City Manager. The following regulations apply to the
installation of any fence requiring a permit .
Sec . 25-603 . General Standards
(a) No fence shall be constructed on, or across, a
property line, except where a fence is constructed
on adjacent properties collectively owned by the
fence owner. No fence shall be constructed on
property not owned by the fence owner without the
written permission of the property owner. The
fence owner is responsible for locating property
lines .
(b) Fences cannot be constructed within thirty (30)
feet of the intersection of two (2) streets, as
measured from the right-of-way/property line .
(c) Fences shall not be constructed within any utility
easement, except as authorized by the city manager
after the property owner signs a waiver accepting
the responsibility for building a fence within a
utility easement .
(d) All fences must be constructed in a workmanlike
manner and maintained in their original upright
condition.
(e) Missing boards, pickets or posts shall be replaced
in a timely manner with material of the same type
and quality.
(f) Fences shall have adequate footings, foundations,
or post depth and size .
(g) For fences having a front and a back, such as a
privacy fence, the front or finished side shall
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face outward from the property on which the fence
is installed.
Sec . 25-604 . Location, type and height .
Agricultural uses
• Front, rear and Maximum of four May include
side yards (4) feet barbed wire,
except where
adjacent to a
residential use
or district
Residential uses
• Rear and side Maximum of six (6)
yards feet
• Front yards Maximum of three 500 of the
(3) feet surface must be
open
Commercial uses
• Rear and side Maximum of eight May include
yards (8) feet barbed wire on
top, except
where adjacent
to a residential
use or district
• Front yards Maximum of three
(3) feet
Manufacturing uses
• Front, rear and Maximum of eight May include
side yards (8) feet barbed wire on
top, except
where adjacent
to a residential
use or district
Swimming pools - all Minimum of four In accordance
yards (4) feet with Section 13-
37 of the City
Code
Tennis Maximum of twelve Must be open
Courts/Athletic (12) feet wire mesh fences
Fields - all yards
Playgrounds/schools Maximum of eight
- all yards (8) feet
Sec . 25-605 . Prohibited fences .
(a) 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 as allowed in Section 25-604 .
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(c) No fence shall be constructed in whole or in part of
cloth, canvas or other like material .
(d) No fence shall be used for advertising purposes .
(e) No fence shall have connected to it any type of
electrical current, except in the AG or AG-1
Districts .
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof .
ARTICLE 3. It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS / DAY OF 4171la6q 20 .
Harry E. Rediger, Mayor
ATTEST:
Gay L. Conrad
Cit Clerk
�E.AL
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