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Ordinance 2012-03

ORDINANCE NO. 2012-03
AN ORDINANCE AMENDING THE TEXT OF SECTION
106 OF THE CITY OF JOHNSON ZONING REGULATIONS
AND FOR OTHER PURPOSES
WHEREAS, the Johnson Planning Commission has over the past several months
discussed and investigated several proposed changes to the Johnson fence law known as Section
106 of the City of Johnson Zoning Regulations
WHEREAS, pursuant to Section 125 of the City of Johnson Zoning Regulations a Public
Hearing notice on this issue was duly published and a Public Hearing on the proposed
amendment to Section 106 was held at 6:45 AM on the 26th day of March, 2012, and questions,
comments and views of the public were received by the Johnson Planning Commission.
WHEREAS, the Planning Commission has recommended the amendment to the fence
portion of the City of Johnson Zoning Regulations
BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:
Section 1: That effective with the passage and approval of this Ordinance, Sec. 106.
Fences of the City of Johnson Zoning Regulations shall be as hereinafter set forth:
"Sec. 106 Fences. Except as otherwise specifically provided in other codes and regulations of
the City, the following regulations shall apply to the construction of all fences.
Purpose
This ordinance is adopted for the following purposes:
A. To regulate the height and placement offences in residential, commercial and business
districts.
B. To define the various types offences.
C. To establish standards for construction, erection, and maintenance offences.
Definitions
As used in this Chapter, the following terms shall have the following meanings "Fence":
A. Fence means a structure, including gates, which is a barrier and used as a boundary or
means of protection or confinement.
B. "Open Fence" means a fence which has over its entirety at least fifty percent of the
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surface area in open space as viewed at right angles from the fence, except that the
required open space in louver-type fences may be viewed from any angle,
C. "Solid Fence" means a fence which conceals from view, from adjoining properties,
streets, or alleys activities conducted behind it.
Open Fences
A. Open fences shall not be more than 6 feet in height in any residential district except
that in the front yard the height shall not exceed 36 inches, (see illustration 1 and 2)
Open fences in any business or manufacturing district shall not exceed 8 feet in
height. Fences in Industrial districts and around tennis courts and other recreational
amenities shall be exempt from this height limit. Heights offences shall be measured
at the natural average grade. Open fences may be set on the lot line.
B. "Fence" includes gates which are a barrier and used as a boundary or means of
protection or confinement; however, shrub fences will not be considered as fences
when used as a buffer zone between commercial, industrial, and residential; a solid
fence must be constructed where screening is required.
C. Only open fences shall be permitted in front yards with a maximum height of 36
Inches except for chain link which may be 48 inches.
Solid Fences
A. Solid fences shall not be more than six feet in height in any residential district, or
business district and not more than eight feet in height in any manufacturing district.
Solid fences may be set on the lot line.
B. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610
mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches
(1,219 mm) in height above the finished ground level measured on the side of the
barrier away from the pool. Gates and doors in such barriers shall be self-closing and
self-latching. Where the self-latching device is less than 54 inches (1,372 mm) above
the bottom of the gate, the release mechanism shall be located on the pool side of the
gate. Self-closing and self-latching gates shall be maintained such that the gate will
positively close and latch when released from an open position of six inches (152
mm) from the gatepost. No existing pool enclosure shall be removed, replaced or
changed in a manner that reduces its effectiveness as a safety barrier.
C. Solid fences are not permitted in front yards.
General
A. Construction/Materials. Fences in all residential areas shall be that all horizontal and
vertical supports are inside the fenced area or hidden from view of those outside the
fenced area. All exposed steel shall be preserved against rust and corrosion.
B. Design and maintenance. All fences shall be maintained in their original upright
condition. Painted or other surface finishes shall be maintained as designed. Missing
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C--
boards, pickets, or posts shall be replaced in a timely manner to match No fence shall
be constructed within a public way; no fence shall be constructed of barbed wire in
other that A-l zoning districts, iron ornamental spikes only on 6 feet tall or taller, nor
shall any fence be erected which is connected in any way to any source of electricity;
all fence posts shall be decay or corrosion resistant and shall be set in concrete bases.
C. Fences shall comply with the comer visibility standards of Section 153-104 and
Illustration 2.
D. Illustrations 1 and 2 as attached hereto and hereby adopted and incorporated as fully
as if set forth herein word for word."
Section 2: The previous Sec. 106. Fences is hereby repealed in its entirety.
PASSED AND APPROVED this 12th day of June 2012.
BUDDY CURRY, Mayor