Residential districts: The establishment of all fences in residential districts shall be regulated as follows:

A.

Fences not exceeding three feet in height may be constructed and maintained at any point behind the front or corner side yard lot lines.

B.

Open fences, defined as a fence constructed in such a way that no more than twenty percent of the surface area of the fence obstructs a view; through the fence from a position perpendicular to the fence, that do not exceed four feet in height may be constructed and maintained at the front or corner side yard lot line.

C.

Fences not exceeding six feet in height may be constructed and maintained at any point behind the corner side yard line, provided they do not extend forward of the wall of the principal building facing the front yard.

D.

Fences up to six feet in height shall be permitted in the required interior side yard or rear yard provided that the fence does not extend nearer to a front lot line than the longest distance between such lot line and the nearest wall of the principal building or structure.

E.

Fences up to six feet in height shall be permitted in the required corner side yard when said yard aligns with the rear yard or corner side yard of a residential property provided that the fence does not extend nearer to a front lot line than the longest distance between such lot line and the nearest wall of the principal building or structure.

F.

Fences up to nine feet in height shall be permitted along any residential property line which abuts a non-residential use or abuts a major arterial right-of-way.

G.

Subdivision perimeter fencing shall be permitted; provided, that the fence not exceed six feet in height along non-major arterial rights-of-way, or nine feet in height along major arterial rights-of-way. Said fencing shall remain uniform in design and color.

H.

Fences must be positioned so that the finished side faces away from the lot on which it is constructed.

I.

Every fence fronting onto an existing or proposed road right-of-way, except for corner lots, must include a gate giving access to the right-of-way. Fences constructed along major arterial rights-of-way, where a mandatory homeowners' association is responsible for maintaining both the fence and the parkway between the fence and the street are exempt from this provision, except that the department of public utilities may require gates on the section of fence fronting specific lots to allow access to utility facilities.

J.

All fences shall be constructed of manufactured metal fencing material, wood, pvc, masonry or other manufactured fencing material. Such fences shall be maintained in good condition. Wood materials, other than decay resistant wood, shall be protected against decay by use of paint or other preservative. Any paint or other protective material must be maintained free of deterioration, in sound condition and good repair. The permissible height and other characteristics of all fences shall conform to the appropriate statutes, ordinances and regulations of the city and state. Wherever any egress from the dwelling opens into the fenced area, there shall be a means of egress from the premises to any public way adjacent thereto.

K.

A fence permit fee shall be paid for all fences exceeding three feet in height before a fence is erected on any property within the city.

L.

Any fences or kennels constructed for the sole use of animal containment shall not be located in the front yard of any residential property. All kennels shall adhere to all height and location requirements stated within this chapter.

M.

Fences built/erected before the passing of the ordinance from which this chapter is derived shall comply with the requirements of this chapter within one year of its passing.

N.

Enforcement and penalties: citation: The code enforcement officer is authorized to issue a citation against any person or business entity that is in violation of this section:

1.

For a violation of any section, a person, a business entity or the agent or employee of any business entity may be fined not less than one hundred dollars nor more than two hundred fifty dollars.

O.

Any conflicts between the fencing ordinance contained herein, and any references to fences in other sections of the West Frankfort City Code, shall be resolved by following whichever ordinance provides for stricter requirements to maintain conformity throughout the residential areas of the city of West Frankfort. Any questions regarding fencing requirement should directed to the code enforcement officer.

(Ord. No. TA1-29, § 1, 2-13-2024)

A.

Permit required: No person or business entity, nor the agent or employee of any business entity, shall erect or install a fence of any description within the corporate limits of the city unless a permit from the code enforcement officer for such erection or installation has been applied for, approved and issued.

B.

Fence permit fee shall be assessed by the code enforcement officer at a rate of one dollar per linear foot with a minimum permit fee of one hundred dollars.

C.

Enforcement and penalties:

1.

Citation: The code enforcement officer is authorized to issue a citation against any person or business entity that is in violation of this section. Such citation shall be filed in the county circuit court for processing.

2.

Injunction: The code enforcement officer is authorized to petition the county circuit court for a writ of injunction prohibiting any person or business entity from proceeding with the erection or installation of any fence of any description unless a permit for such activity has been applied for, approved and issued.

3.

Penalties: For a violation of subsection 1 of this section, a person, a business entity or the agent or employee of any business entity may be fined not less than twenty-five dollars nor more than two hundred fifty dollars.

(Ord. No. TA1-29, § 2, 2-13-2024)

A.

Owner's of residential fences have a duty to maintain the fences under their control. Fences shall not lean, have broken or defective components, or be kept in a manner that present a danger to any person or living thing.

B.

Upon any circumstance causing damage, malfunction, or decay of residential fences, the fences shall be repaired from defects and returned to their original conditional within seven days.

C.

Before the end of the initial seven-day period, the owner of the residential fence can apply in writing to the codes enforcement officer for a thirty-day extension for completion of the fence. If the residential fence owner requires additional time, they can apply in writing to the zoning board of appeals, before the initial thirty-day extension expires, for an additional extension of up to one year to be determined by the discretion of the zoning board of appeals.

(Ord. No. TA1-29, § 3, 2-13-2024)

Any appeals regarding the requirements and penalties in Section 17.54.010 or 17.54.020, shall be appealed to the West Frankfort Zoning Board of Appeals and follow all requirements set out in the ordinance creating the West Frankfort Zoning Board of Appeals.

(Ord. No. TA1-29, § 4, 2-13-2024)