Section 2: The Code of the City of Edwardsville, Kansas, (“CODE”), Chapter IV. Buildings and Construction, is hereby amended by adding Article 10. Fences.

4-1001      Intent: The intent of the Fence Ordinance is to regulate the placement, erection, materials, type, height, composition, location, of fences on private property in the City. The intent and purpose of this guideline is to insure safe sight lines and to minimize the potential negative visual impact or hazards of high or unsightly fences.

4-1002       A fence permit is required to erect, move or replace an existing fence or repair 50 percent or more of an existing fence. Exceptions may be granted in accordance with 4-1003.  A fence permit may be obtained from City Hall and must be obtained prior to installation of or replacement of a fence. Said permit shall be valid for 90 days, however, at the sole discretion of the Building Official, the permit may be extended for an additional 90 days.  The information required includes the height, materials, location of the fence, distances from each structure on the property, and lot size. Tenants must have property owner authorization to apply for a fence permit. Contractors are required to have a City Business License and may apply for a fence permit in the name of the property owner. Cost of the fence permit is $25.00. The applicant is required to comply with subdivision or property owner’s restrictive covenants, or deed restrictions, as appropriate. The fence location should be cleared of underground utility lines.

4-1003      Exceptions: Fences or walls used for agricultural purposes do not need a fence permit. Agricultural purposes shall include land zoned AG/R and used for the raising of crops, horticulture, animal and poultry husbandry and kennels.

4-1004      Fence Design: The smooth, finished side of the fence must face outward with the support posts on the inside. Fences can be no more than 6 feet in height. Open, solid wood, decorative, visually solid fences are permitted. Materials may be wood, chain link, plastic or metal.

4-1005      Security or Barbed Wire: Barbed wire and/or electric livestock (typically 6 volts or less) fencing is allowed in the AG/R Agricultural Residential District. Barbed wire is allowable in the I-1 and I-2 Industrial Districts when used as security fencing on top of chain link fencing that is six feet high. Security or barbed-wire fence may not be used in any other Residential or Commercial Zoning District.

4-1006      Fence Location:

(a) Front Yard: Fences are restricted in the R-1 One Family Residential District and prohibited in the R-2 Medium Density and R-3 High Density Residential Districts. Fences in the front yard in the R-1 District are restricted to properties that are one acre or larger. The maximum height is four (4) feet, and open, decorative or visually solid fences must be located on the property line or as noted in 4-1006(b) below. They are not permitted in right-of-way or easement of streets.

(b) Rear Yard: Maximum height is 6 feet. The fence design may be open, decorative, visually solid or solid wood. Fences are permitted at the property line and if not on the property line, at least two (2) feet back from the property line to allow for adequate maintenance of fence and yard.

4-1007      Sight Distance Triangle: Fences on property that is at the intersection of two streets must allow for adequate sight distance. The sight distance triangle is defined as a line 25 feet back from the corner along both the front and side property lines. These two points are connected by a diagonal line. This sight distance triangle must be kept free of fences that would obstruct the motorist views of oncoming traffic. 

4-1008      Utility Easement: Fences are permitted in utility easements located in the side yard and/or rear yard. It should be noted that placement of a fence in the utility easement is at the risk of the property owner as the utility companies have no responsibility for repair of any fence damaged by the utility company’s construction or maintenance activities on the property.

4-1009      Pedestrian Fence Gates: Gates to fences must be at least three (3) feet wide to allow for passage of emergency personnel and equipment.

4-1010      Maintenance: All fences must be maintained in good and sound condition, free of damage, breaks or missing structural members. Vegetation adjacent to the fence must be maintained in good condition or trimmed as appropriate.

4-1011      Temporary Fence: Temporary fencing, such as plastic silt fences or safety fences, is allowable and may be required for active construction projects by the Building Inspector. Temporary fencing is not to remain in place longer than is necessary to perform its function.

4-1012      Inspection: A fence inspection upon installation of the fence by the Codes Department is required. The fence permit shall cover the initial inspection.  However, additional inspections may be result in additional inspection fees in accordance with the City of Edwardsville fee schedule.