The purpose of these regulations is to regulate the materials, locations, height, and maintenance of fencing and decorative posts to prevent the creation of nuisances and to promote the general welfare of the public.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

All fences and decorative posts to be constructed within the city limits that are taller than seventy-two (72) inches in height or in the front yard need to have a permit issued prior to construction. The property owner or his/her authorized agent shall obtain a fence permit from the city. The code official is hereby authorized to make periodic final checks to assure compliance with this article during and after construction or erection of the fence.

(b)

The permit is not valid until a completed application is submitted and approved and all applicable fees are paid in full.

(c)

Construction shall be initiated within six (6) months of the date of permit issuance and be completed within one (1) year or the permit will expire by limitation. Renewal of any expired permit is subject to review by the building official.

(d)

Fences erected after passage of this article that do not comply with all applicable provisions of this article shall be considered illegal and shall be dismantled and removed by the property owner(s) at their expense. Violation of any provision of this article shall subject the property owner to a fine of up to five hundred dollars ($500.00) upon conviction of any such offence, with each violation constituting a separate offence.

(e)

Issuance of a permit by the City of Houston, Missouri, is verification that all the provisions of this article have been met.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

The maximum height for fencing, accompanying structures and decorative posts is six (6) feet, except as approved by permit.

(b)

Fences/decorative posts must be constructed on or within the property lines; may not be placed in the state right-of-way without a state permit; and if they are constructed within the easement on the subject property, are subject to removal by the property owner, or other authorized party, without compensation or remuneration. A ten (10) foot wide access gate shall be provided if the fence covers or surrounds an easement.

(c)

Fences/decorative posts may be located on any side or rear yard property line that does not abut a street.

(d)

Installation of the fence may not obstruct any manhole or inlet covers and must not impede/disturb the existing drainage patterns/swales or natural water flows on the subject property or adjacent properties.

(e)

Fencing built forward of the required lot setback line is prohibited in residential and commercial zoned areas. Can be built in industrial areas with a conditional use permit.

(f)

Decorative posts less than thirty (30) inches in height may be placed in the front yard, provided they are no closer than two (2) feet to the property line. For purposes of this article, "decorative posts" are defined as ornamental poles or stakes with attached chains, rope or other material that serve only aesthetic purposes.

(g)

Fencing/decorative posts may not be placed within the designated twenty-five (25) foot sight triangle or be erected or constructed in any manner that otherwise impedes vehicular vision.

(h)

All fences are required to have a minimum three (3) foot wide gate/opening on any side adjacent to a street.

(i)

The finished side of the fence must face outward. All visible supports and other structural components shall face in toward the subject property.

(j)

All fencing materials must be contiguous; any fencing that is installed on a piece of property must be of the same material and design. A property owner shall be allowed to erect a fence of differing material or design with approval of the building official.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

Acceptable materials for fencing and decorative posts include, but are not limited to, brick, stone and other masonry, synthetic materials, natural and treated woods, wrought iron, decorative aluminum, and chain link.

(b)

PVC and other synthetic materials used for both residential and commercial fencing applications shall meet the minimum standards set forth in this article.

(c)

Chain link shall only be permitted in residential and industrial zoning; it cannot be used in commercially zoned areas.

(d)

Prohibited materials for fencing and decorative posts include, but are not limited to, razor wire, hardware cloth, and wire mesh. Barbed wire and electrified fencing are only allowed in agricultural zoned areas.

(e)

Barbed wire can be used on top of security fences in industrially zoned areas, provided the fence has a minimum height of five (5) feet, six (6) inches and the property owner has applied for and received a conditional use permit as outlined in Chapter 25-22.

(f)

The property owner shall repair, paint, remove or otherwise attend to any fencing that has become unsightly or a menace to public safety, health, or welfare.

(g)

The building official is hereby empowered to issue notices to property owners to comply with all provisions of this article. Lot owners will be given fifteen (15) days to comply with all requests. However, a longer response time may be granted at the discretion of the building official in cases when such compliance would cause an undue hardship.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

All fencing in place prior to the effective date of this article shall be considered legal non-conforming structures.

(b)

If a legal non-conforming fence is not replaced or relocated or the frame or structural supports are not altered in any manner that extends, enlarges, or intensifies the non-conformity, the fence will be allowed to remain. If the fence is altered, then the fence must be brought into compliance with all applicable provisions of this article.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

Base material. The base material used to construct the fence must be rigid polyvinyl chloride (PVC) and the extruded product must adhere to the ASTM (American Society for Testing Materials) standards. The PVC used must be impact tested for durability and must be formulated to be stable in ultraviolet (UV) light. The material must also be "self-extinguishing", non-flammable with a flash temperature of not less than nine hundred (900) degrees Fahrenheit.

(b)

Brackets and fasteners. Brackets and fasteners can be made of stainless steel, galvanized steel, brass, or any other material fashioned for outdoor use. This is to provide better weathering and rust protection. This includes all nuts, bolts, screws, and washers, as well as all hinge assemblies and latching mechanisms.

(c)

Internal dimensions. The PVC used must be of a weight and thickness that can support itself. The walls of each component of the fence must be thick enough to ensure that the piece will not bend or warp because of heat, cold, strong winds or any other external force. The wall thickness of each component should be matched to the size of the component used.

(d)

Posts. All line posts should be fully reinforced and set the minimum depth required to support a fence of the stated height. These details should be stated on the fence diagram. All posts should be topped with molded PVC caps that are complimentary to the style of the fence. Posts should be routed to receive rails.

(e)

Rails. Bottom rails should contain a stiffener channel for added strength and stability. A steel or aluminum channel may be used. Rails should be routed to receive pickets.

(f)

Pickets. The pickets used in the fence can be either ribbed or hollow and can be either flat sided or tongue and grove interlocking.

(g)

Gates. Should be fully reinforced so that the gate retains its shape and fit and can be fully opened and closed without difficulty.

(h)

Design. The design and color of the fence should be complimentary to the other structures located on and around the site. Although chemical pigment may be added to some PVC compounds to give the fence color, any additives to the PVC material should not supersede the material standards previously stated in this document.

(i)

Configuration. The sizes and shapes of the pickets, rails and posts should not deviate from the standard sizes previously listed, unless necessary for a custom fence installation. For any deviation, a review of the fence schematic and prior approval will be required.

(j)

Aesthetic. All fencing materials must be contiguous; any fencing that is installed on a piece of property must be of the same material and design as the existing fence. If this is not possible, for instance, the material used to make the existing fence is no longer available, all existing fencing must be removed or altered so that it is the same as the new fence. Mixing of fence elements is not permitted i.e., connecting the twenty (20) foot span between two (2) sections of wood fencing with a chain link fence.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

All swimming pools, hot tubs, spas, and other water features shall be fully enclosed by a continuous fence with a minimum height of forty-two (42) inch at its lowest point when measured from finished grade to the top of the fence. The maximum clearance between the finished grade and the bottom edge of the fence is two (2) inches.

(b)

All fencing used around pools, hot tubs, spas, or water features are required to have gates that open away from the pool structure and are self-closing and self-latching.

(c)

For all above ground pools and water features that have a wall height of forty-two (42) inches or greater, the pool structure will be accepted as the barrier. For an above ground pool that has a wall height of less than forty-two (42) inches, the use of additional constructs (such as fencing, railing, etc.) may be used to attain the required forty-two (42) inch minimum barrier height.

(d)

If the pool comes equipped with a removable ladder, the ladder alone shall not constitute an acceptable alternative to the fencing requirements. When the pool structure qualifies as the barrier, the ladder access area must be enclosed with a fence at a minimum height of forty-two (42) inches and have a self-closing, self-latching gate.

(e)

In addition to the requirements listed, all fencing used around any pool or water feature must comply with all applicable provisions of the current building codes.

(Ord. No. 2021-112, § 1, 8-16-21)

(a)

Temporary protective fencing that is used to secure an area during active earth work (excavation, construction, grading) is permitted without the issuance of a fence permit.

(b)

Swimming pools, hot tubs, spas, and other water features less than twenty-four (24) inches deep and less than two hundred fifty (250) square feet of surface area are not required to have fencing or protective barrier.

(c)

Hot tubs or spas with an approved safety cover.

(d)

Fencing that is installed as a structural construct or as a safety device (i.e., batting cages, backstops on ball fields, fencing on the top a retaining wall or similar structure, etc.) is permitted without the issuance of a permit, however, it shall be shown as an improvement and is subject to review and approval by city staff.

(e)

The maximum height limit for fencing/decorative posts may be exceeded either:

(1)

With the approval of a conditional use permit per article XXII, provided the following conditions apply: The increase in height shall in no way further obstruct vision for intersecting streets, driveways, sidewalks, or other traffic areas. The fence shall be screened on its external side with adequate plants to maintain an attractive appearance to said side, or

(2)

Without a conditional use permit, if a fence with a height of greater than six (6) feet is required to maintain compliance with any current city ordinance.

(Ord. No. 2021-112, § 1, 8-16-21)