The purpose of this article is to regulate the replacement of current fences or the construction of new fences after the effective date of this article (Ordinance No. 2027).
(Ord. 2027; Code 2019)
All fences constructed or reconstructed within the City of Council Grove require a building permit issued by the City of Council Grove following approval of the City Building Inspector.
(Ord. 2027; Code 2019)
The maximum height offences depends on their location as follows:
(a) Front Yard. Fences may be erected adjacent to or within a residential front yard providing such fence shall not be more than 48 inches of height following the natural contour of the ground.
(b) Side Yard or Rear Yard. Fences may be erected adjacent to or within a residential side or rear yard provided such fence shall be no more than 6 feet in height following the natural grade of the ground.
(Ord. 2027; Code 2019)
The City Building Inspector may authorize a fence in excess of the limits set forth in Section 3 herein, when such fence may promote the safety, health or general welfare of the public.
(Ord. 2027; Code 2019)
The fence owner will be responsible for knowing where property boundaries are located. It is not the responsibility of the City to locate property boundary lines within the City limits.
(Ord. 2027; Code 2019)
Fences built jointly by adjacent property owners will be deemed owned by, and the responsible party for maintenance will be vested with the property owner requesting the building permit and his successors in interest. Exceptions will require advance approval of the City Building Inspector.
(Ord. 2027; Code 2019)
Fences will be built from new material. Exceptions will require advance approval of the City Building Inspector.
(Ord. 2027; Code 2019)
Fences shall have supporting posts not less frequently than every 10 feet. Post holes will be dug to a minimum depth of 30 inches. Chain link fences will include top rails to preclude sagging.
(Ord. 2027; Code 2019)
No barb wire or other sharp fence and no electrically charged fence of any type shall be erected or maintained within the City. However, the City Building Inspector may, when he deems necessary for security around commercial, industrial or public properties, authorize the placing of barb wire on a top fence no less than 6 feet in height.
(Ord. 1921; Ord. 1969; Ord. 2027; Code 2019)
Retaining walls may be erected at locations and heights of fences, providing the maximum height of the retaining wall shall be measured from the low side of the wall.
(Ord. 2027; Code 2019)
No person shall erect or maintain any fence in a front yard which will materially damage adjacent property by obstructing the view, hindering ventilation, or which shall adversely affect public health, safety and welfare.
(Ord. 2027; Code 2019)
Any person who builds or maintains any fence or wall in violation these regulations shall remove such fence within five days after receipt of notice of the City Building Inspector. Additionally, if any action is commenced in Municipal Court, for violation of this article, the offender shall be subject to a fine of not less than $100.00 nor more than $500.00 as well as assessment of court costs.
(Ord. 2027; Code 2019)
Any fence existing on the effective date of Ordinance No. 2027 (January 14, 2008) which has been previously approved by the City shall be allowed. However, if any such fence is removed, then any new fence will need to comply with the then existing city code.
(Ord. 2027; Code 2019)