REGULATIONS
FOR CONSTRUCTION OF FENCES
ORDINANCE
NO. 778
AN ORDINANCE AMENDING
TITLE 15, "BUILDINGS AND CONSTRUCTION", CHAPTER 4 "BUILDING REGULATIONS
AND PERMITS" OF THE LOWDEN, IOWA CODE OF ORDINANCES BY REPEALING
TITLE 15, SECTION 4.020 AND ADOPTING A NEW TITLE 15, SECTION 4.020
TO INCLUDE FENCES AS A STRUCTURE THAT REQUIRES A PERMIT; BY AMENDING
CHAPTER 15.04 TO INCLUDE A NEW SECTION 15.04.055 "REGULATIONS FOR
THE CONSTRUCTION OF FENCES', AND BY REPEALING TITLE 15, SECTION 15.04.110
"VIOLATION--PENALTY" AND ADOPTING A NEW TITLE 15, SECTION 15.04.110
"VIOLATION--PENALTY
Be It Ordained
by the City Council of the City of Lowden, Iowa:
SECTION
1. Purpose.
Title 15, Section 04.020 "Building Regulations and Permits" is hereby
deleted and a new Title 15, Section 04.020 is included as follows:
15.04.020 Permit--Required.
It is unlawful to construct or alter any building or structure in
the City, including fences, without having first secured a permit
therefore. (Amended during 1979 codification: Ord. 630 Sec 2, 1975).
SECTION
2. Title
15, Section 04.020 "Building Regulations and Permits" is hereby amended
by adding a new Section "Regulations for the Construction of Fences"
as follows:
15.04.055 Regulations
for the Construction of Fences. The following regulations shall apply
to the construction of fences.
A. Permit. A permit
for a fence is required from the City Council as provided for in
Section 15.04.020 "Permit--Required". Also, in addition to the provisions
of Section 15.04.030 "Permit--Application and fee", all applications
shall require a lot survey to establish lot lines.
B. Front Yard. No privacy fences shall be allowed in front yards. Decorative
fences can be up to three feet (3'), but not be in the sight triangle.
C. Height. Fences or other similar structure, wall, or hedge can be
erected up to a height of six feet (6 ‘), except as provided for in
15.04.055(B).
D. Corner Lots. The side yard adjacent to the street shall be set back
ten feet (10'). from side property line.
E. Access On Corner Lots. No fences, whether wood, metal, masonry or
concrete, nor other obstruction including shrubbery (hedges, trees,
bushes) nor any combination of materials, shall be erected or maintained
which blocks the access from a front yard through both sides to the
rear yard, unless a gate approved by the City Council is installed
on at least one side.
F. Materials. Fences shall be constructed of wood, chain-link, PVC/resin,
stone and wrought iron or masonry materials only. Wood fences shall
utilize standard building lumber only. Barbed wire and/or electrified
fences are not permitted, and are defined as any fence that includes
in its material barbs, blades, razors, electric current or other features
specifically designed to injure or abrade an individual or animal who
attempts to negotiate the fence.
G. Retaining Wall. Where a retaining wall protects a cut below or a
fill above the natural grade and is located on the separating lots,
such retaining walls may be topped by a fence, wall or hedge of the
same height that would otherwise be permitted at that location if no
retaining wall existed.
H. Maintenance. All fences and retaining walls must be maintained in
a state of good repair. Hedges and bushes must be kept trimmed and
maintained not to exceed height of fence as provided for in Sections
15.04.055(B) and 15.04.055(C)
I. Location. All fences, walls or hedges shall be erected entirely
within the property lines of the property they are intending to serve
provided that the fences, walls or hedges shall conform with the provisions
of Section 15.04.055(D).
J. Exceptions. Fences required by state law to surround or enclose
public utilities, public schools or other public buildings are exempt
from this Ordinance. Fences for uses such as tennis or sports courts
may be a maximum of fifteen feet (15') high if the fence meets all
of the required setbacks for an accessory building, as provided for
in the Zoning Ordinance.
K. Fence Posts. Fence posts shall be placed on the inside of the fence
(side facing installer), unless fencing is installed on both sides
of post, eliminating a front or back look.
L. Sight Triangle Area. The Sight Triangle Area is defined as that
portion of a corner lot lying within a triangle area formed by measuring
back along the property lines adjacent to the intersecting streets
to a point on each property line twenty feet (20') from the intersection
of said property lines and then connecting the two (2) points thus
establishing a third line.
M. Fence Height: Obstruction of View. It shall be unlawful for the
owner, occupant or person in control of any corner lot in the City
to erect, maintain or permit to grow any obstruction to the view of
drivers of motor vehicles over a height of three feet (3') and all
trees shall be trimmed so that no foliage hangs down closer than seven
feet (7') to the ground within the "sight triangle area" of said lot.
N. Penalty. A violation of these regulations shall be enforced under
the provisions of Chapter 1.20 "General Penalty" of this Code.
SECTION 3. Repealer. All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
SECTION
4. Severability
clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall
not affect the validity of the ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
SECTION
5. When
Effective. This Ordinance shall be in full force and effect upon
posting as required by Iowa law.
- Passed by the
City Council the 2nd day of July, 2007, and approved this 2nd day
of July, 2007.
