Chapter 4 · Buildings and Construction
Article 1. Building Code
4-101 National building code incorporated.
That certain standard code known as the “National Building Code”, recommended by the National Board of Fire Underwriters, 222 West Adams Street, Chicago, Illinois, is hereby incorporated by reference herein and made a part of this article, save and except such portions as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the statutes of the State of Kansas.
4-102 Deletions from standard code.
(a)Unsafe Buildings and Structures. Section 6 of the Standard Code relating to unsafe buildings and structures is hereby deleted in its entirety.
(b)Penalties. Section 7 of the Standard Code relating to penalties is hereby deleted in its entirety.
(c)Gas Vents. Section 42 of the Standard Code relating to gas vents is hereby deleted in its entirety.
(d)Gas Piping. Section 46 of the Standard Code relating to gas piping is hereby deleted in its entirety.
(e)Plumbing. Section 47 of the Standard Code relating to plumbing is hereby deleted in its entirety.
(f)Electrical Installations. Section 48 of the Standard Code relating to electrical installations is hereby deleted in its entirety.
(g)Signs and Outdoor Display Structures. Section 49 of the Standard Code relating to signs and outdoor display structures is hereby deleted in its entirety.
4-103 Amendments to standard code.
(a)Permit. Subsection (a) of Section 4 of the Standard Code is hereby amended to read as follows:
(1)No person or corporation shall erect or cause to be erected within the City any structure of any kind or enlarge or add to the outside dimensions thereof nor relocate any building or structure already erected or which may hereafter be erected without a building permit being first obtained therefor from the City Clerk. The application for such a permit shall be made and the permit obtained before the work is commenced upon the foundation for any such building or structure, or before the removal of any building begins, and such application shall state the exact site to be occupied, the material, dimensions and estimated cost of the proposed building, structure, addition, the purpose for which the same is intended to be occupied, the number of flues to be constructed within the same, and the probable time in which the work will be completed. The fees for building permits shall be as follows:
(A)Twenty-Five Dollars ($25.00) for work costing over One Hundred Dollars ($100.00) and not over One Thousand Dollars ($1,000.00);
(B)For work costing more than One Thousand Dollars ($1.000.00) the fee shall be Two Dollar ($2.00) for each One Thousand Dollars ($1,000.00) or fraction thereof
(C)This permit shall expire in Six (6) months from date of issue.
(Code 2025)
4-104 Additions to standard code.
(a)Definitions:
(1)This article may be known and cited as “The Building Code of the City of Florence”.
(2)The term “Standard Code” shall mean the standard building herein before incorporated by reference as a part of this article.
(3)The word “municipality” when used in the Standard Code shall mean the City of Florence, Kansas.
(4)The term “corporation counsel” when used in the Standard Code shall mean the City Attorney of the City of Florence.
(5)The term “building official” when used in the Standard Code shall mean the Building Inspector of the City of Florence.
4-105 Penalty.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding One Hundred Dollars ($100.00).
4-106 Setbacks and minimum lot size.
(a)No person, corporation, or other entity (hereinafter called “person”) shall build or place a house, apartment building or similar structure, or addition thereto within eight feet of those property lines of such person’s or entity’s real estate which abut the lots of other real estate upon which a house, apartment building or similar could be built; it being the finding of the City Council that housing units placed closer together than sixteen feet create insufficient space for fire control in the event of fire.
(b)No person shall build or place any structure, including but not limited to a building or view- obstructing fence, within 18 feet of those property lines of such person’s real estate that adjoins a platted street in the city; it being the finding of the City Council that structures and fences placed closer to a street than permitted herein create a traffic hazard.
(c)No person shall build or place a house, apartment building, or similar structure intended for human habitation on a lot with a size less than 7,000 square feet.
(d)This article shall apply only to construction commenced after February 4, 1999.
4-107 Fences.
(a)Definition: Fence – barrier, railing, or other upright structures, typically of wood, enclosing and area ground to mark a boundary, control access, or prevent escape.
(b)Purpose: To regulate replacement of existing fences/fencing and the construction of new fences/fencing after the date of this article.
(c)Required permit: Any and all fences constructed or reconstructed within the City of Florence require a building permit issued by the City of Florence upon approval from the Florence City Council. No person shall install, erect, or substantially replace any fence without first obtaining a permit authorizing the work. A permit application shall include the location and legal description of the property, the name of the record owner of the property, the name of the permittee, the classification and height of the fence, the location as shown on a plot plan, and the estimated time of completion. There shall not be a fee for such a permit.
(d)Height of fences: The maximum height of fences depends on their location as:
(1)Front yard: Fences may be erected adjacent to or within a residential front yard, provided such fence shall not be more than 48 inches in height, following the contour of the ground.
(2)Side yard or Rear yard: Fences may be erected adjacent to or within a residential side or rear yard, provided such fence shall be no more than 6 feet 6 inches following the natural grade of the ground.
(3)Triangle site shall be no more than 3 feet in height.
(4)No fence shall be erected or constructed which constitutes a traffic hazard.
(5)No fence shall be erected or constructed in such a manner or be of such design as to be hazardous or dangerous to a person or animal.
(e)Exception to heights of fences: The City Council of Florence may authorize a fence in excess of the limits set forth in subsection (d), when such fence may promote the safety, health or general welfare of the public.
(f)Location: The fence owner will be responsible for knowing where property boundaries are located. It is not the responsibility of the City to locate property boundary lines within the City limits.
(1)No fencing shall be constructed beyond the platted lot lines.
(2)All fences shall be constructed with the finished side facing outward from the property. Posts and support beams shall be on the inside or designed as an integral part of the finished surface.
(3)All fences must be free-standing and constructed in a manner where they will stand on their own without leaning or falling.
(g)Maintenance: Fences built jointly by adjacent property owners will be deemed owned by, and the responsible party for maintenance will be vested with the property owner requesting the building permit and his successors in interest. Exceptions will require advance approval of the City Council of Florence.
(1)All fences must be maintained in good, sound condition. They must be free of damage or breaks. Fences must be kept in repair, and any dilapidated, dangerous, or unsightly fence shall be removed. If the fence shows peeling, flaking, scaling, chipping, or missing paint, it must either be repaired or all paint removed.
(h)Materials: Fences will be built from:
(1)Acceptable materials: wood, chain link, pre-manufactured molded fence, metal wrought iron, composite fencing.
(A)All chain link fencing must have proper top rail installed to be considered complete.
(2)Non-Acceptable/Prohibited materials: Fencing of temporary or short-lived nature, such as safety fencing, snow fencing, silt fencing, hardware cloth fencing, bamboo and reed fencing, netting, tarp material, corrugated tin, T-Post (without approved cover), U-post, barbed wire, razor wire, or other material that is determined to pose a safety concern, livestock wire, bricks, stone, cinder block, tires or like material. No electrically charged fence of any type shall be erected or maintained within the City limits.
(3)Chain link fencing with installed slats of vinyl or similar material.
(i)Construction standards: Fences shall have supporting posts not less frequent than 10 feet. Post holes will be dug to a minimum depth of 30 inches. Chain link fences will include top rails.
(j)Retaining walls: Retaining walls may be erected at locations and heights of fences, provided that the maximum height of the retaining wall shall be measured from the low side of the wall.
(k)Adverse effect:
(1)No person shall erect or maintain any fence in a front yard which will materially damage adjacent property by obstruction the view, hindering ventilation, or which shall adversely affect public health, safety, and welfare.
(2)Any fence constructed within any dedicated utility easement is permitted exclusively at the owner’s risk. In the event it is necessary for the City of Florence, or any other person, firm, or corporation lawfully using said easement for any purpose for which the same was dedicated to the public use, to remove the permitted fence, none of said entities shall be liable to the owner for any damages resulting from the removal of said fence from the easement.
(l)Certain fences, walls, hedges deemed nuisances, notice to repair or remove:
(1)Any fence or wall hereafter erected or maintained contrary to the provisions of this article is hereby declared to be a nuisance and shall be removed or repaired by the owner thereof or by the person occupying the premises on which it is located within ten (10) days after receipt of notice from the governing body to repair or remove the same.
(m)Nonconforming fences:
(1)These regulations shall supersede any covenants, deed restrictions, or any other requirements currently in place on a property. Any fence currently with T-posts (without approved cover), and/or barbed wire, razor wire, smooth wire, or electrical wire, due to safety concerns or other non-compliance materials, that does not meet requirements set forth herein may remain on said property unit six (6) months from the adoption of Ordinance No. 4-107.
(2)Persons who build or maintain any fence or wall in violation of the regulations shall remove such within six (6) days of notice. Additionally, any action commenced in Municipal Court for violations of said regulations shall be subject to a fine of a minimum of $100.00 up to $500.00 plus any assessment of court costs.
(3)No fencing shall be allowed on open lots in areas zoned as residential.
(Ord 842)