(a)   Fence. A vertical, free standing structure barrier or enclosure, constructed of metal masonry, composition, wood, any combination thereof or other material resting on or partially buried in the ground and rising vertically above ground level, and used for confinement, screening, partition purposes or landscaping.

(b)   Type of Fences. For the purpose of this article there are four types offences which have the meaning respectively ascribed to them as follows:

(1)   Open Fence—A fence in which openings between the materials of which the fence is constructed represents no more than 40% of the total surface of the fence when viewed perpendicular to the face of the fence.

(2)   Solid Fence—A fence that is impervious to light and air and constructed so that there are no openings in the fence from the top to the bottom of the fence material.

(3)   Visually Solid Fence--A fence that is so constructed which is not a solid fence in that it is not totally impervious to light and air but when the fence is viewed from a position perpendicular to the face of the fence the openings are not visible.

(4)   Decorative Fence--Installed as part of landscape improvements without gates and no more than four feet in height. Not designed as a barrier or to enclose, or to keep in or out, as is the common intent and purpose of a fence.

(Ord. 300)

(a)   The applicant for a building permit for the construction of a fence shall be furnished with a copy of the fence regulations and applicant shall classify the fence proposed to be constructed by the types listed above. Such fence permit is subject to the applicable regulations and restrictions for the type of fence specified.

(b)   It shall be unlawful for any person to construct or substantially replace any fence within the city, unless a building permit to do so is first obtained from the Governing Body of the City of Bird City, Kansas. The owner of the property, or his or her duly authorized agent or contractor shall present a written application for such permit, on forms furnished by the city, to the Governing Body of the City of Bird City, Kansas, in which application there shall be set out the legal description of the property, a plot plan showing the location of the fence in relation to property lines, the name of the owner, the name of the agent or contractor, if any, and the plans and specifications of the fence proposed to be constructed. Such fence shall be constructed only on property described in the application presented to the Governing Body of the City of Bird City, Kansas.

(Ord. 300)

(a)   Fences can be erected on property lines, but no part of such fence shall be constructed on the adjoining property.

(b)   No fence shall be constructed which will constitute a sight hazard or a traffic hazard or be of such design as to be hazardous or dangerous to persons or animals.

(c)   No fence shall be permitted within the sight distance triangle established for street intersections. For the purpose of this article the prohibited fence area (sight distance triangle) is defined as the triangular shaped property at the comer of a street intersection. Two sides of the triangle shall be 20 feet measured from the comer of the lot along the lot lines abutting the street and the third side is a line across the comer of the lot joining the ends of the other two sides.

(d)   Barbed wire fences, sharp pointed fences, electrically charged fences, or fences constructed of any materials which are liable to snag, tear, cut or otherwise injure anyone coming into contact therewith shall not be permitted. Except that barbed wire or electrically charged fences for agricultural purposes are permitted in areas zoned for agricultural use. Barbed wire fences may be used at the top of the fences in an industrial zoning district provided the same are placed inside the property line and that the barbed wire is at least six feet above the ground.

(e)   No fence shall be erected within any easement or right-of-way, except by prior written approval of those agencies or the City of Bird City, Kansas, having interest in such easement, and with the understanding that if the easement is to be utilized that removal of the fence will be at the expense of landowner.

(Ord. 300)

(a)   No open fence shall be constructed closer to the street in the front yard than the edge of the city right-of-way.

(b)   Open fences and decorative fences may be erected within the front yard but shall not exceed four feet in height. At other locations along property lines such fences shall not exceed six feet in height.

(c)   Open fences enclosing tennis courts, basketball courts, badminton courts, volleyball courts, handball courts, and other outdoor athletic courts, may be erected to a height not exceeding 10 feet, provided, such fences shall separate the court from the rest of the property and shall enclose an area no larger than the court itself and surrounding improved playing surface.

(d)   Open fences enclosing elementary schools, high schools, golf courses, churches, country clubs, community centers, hospitals, and similar uses, or land used by any department of the city., county, state or federal government, may be erected to a height exceeding six feet, when necessary for the safety or restraint of the occupants thereof, or when necessary for the security of the premises within.

(Ord. 300)

(a)   Solid fences and visually solid fences where permitted shall not exceed six feet in height.

(b)   No solid fence or visually solid fence shall be constructed closer to the street in the front yard than the edge of the city right-of-way.

(Ord. 300)

(a)   The following lawful nonconforming fences may be continued:

(1)   A fence which existed prior to the effective date of Ordinance No. 300.

(2)   A fence existing at the time of an annexation.

(3)   A fence existing at the time an amendment is made to the zoning ordinance which changes such land to the more restricted district.

(b)   The lawful use of a fence located upon any land, except as provided in subsection (c) below, may be continued although such fence does not conform with the provisions of this article. Such fence may be continued if no structural alterations are made except those required by law or ordinances. The foregoing provisions shall also apply to any fences which may be made nonconforming by any subsequent amendment or change of this article.

(c)   A nonconforming fence, which in the opinion of the Governing Body of the City of Bird City, Kansas, has been damaged to the extent of more than 50% of its structural value by fire, explosion, act of God, or the public enemy shall not be restored, except in accordance with the provisions of this article.

(Ord. 300)

Fences in all districts of the city shall be maintained in good repair and shall be kept vertical uniform and structurally sound, and all repairs shall blend in with the fence and be compatible therewith in color and material. Fences constructed of wood or metal shall be uniformly painted or stained or otherwise treated or sealed to prevent weathering or deterioration.

(Ord. 300)

Nothing in this article shall be constructed to prevent any contractor or owner engaged in construction work for which a building permit has been issued, or a public contract let, from constructing and maintaining such temporary fences and walls as are authorized for the protection of the citizenry of the City of Bird City, Kansas.

(Ord. 300)

The height of all fences shall be measured from the natural grade of the underlying property.

(Ord. 300)

All fences shall be constructed in conformance with the standards of the city building ordinances.

(Ord. 300)

Appeals from the decisions of the Governing Body of the City of Bird City, Kansas, shall be taken to the District Court of Cheyenne County, Kansas.

(Ord. 300)

It shall be unlawful to construct, repair or maintain a fence in violation of the provisions of this article.

(Ord. 300)

A variance as to the height or type or location of a fence may be authorized by the governing body where the granting of the variance will alleviate a clearly demonstrable hardship on the property owner or is necessary for the reasonable development or use of the property and is in harmony with the intended spirit and purpose of the ordinances. Consideration shall be given to the effect, if any, of the variance on the use, enjoyment, and value of the surrounding property.

(Ord. 300)

That any person(s) who shall violate any of the provisions of this article shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $250.00.

(Ord. 300)