169.05  FENCE REQUIREMENTS.
   The provisions of this section apply to the construction, alteration, moving, and repair of any fence within the jurisdiction.
   1.   Permit Required.  Each application for a fence permit shall be submitted prior to the installation or alteration of a fence.  The application shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the actual dimensions of the lot; the size, shape, and location of all existing buildings; location, height, and material type of the proposed fence; and such other information as may be necessary to provide for the enforcement of this section.  A record of applications and plans shall be kept in the Code Official's office.
   2.   Application Fee.  A fee for the fence permit shall be charged.  The fee shall be set by the City and shall be available at the office of the Code Official.
   3.   Review.  All applications for fence permits shall be submitted to the Code Official for review and approved prior to permit issuance.  Each application shall include data necessary to show that the requirements of this code are met.
   4.   Expiration.  Every fence permit issued by the Code Official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced, for a period of 180 days.  Before such work can be recommenced, a new permit shall be first obtained to do so.  In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.  Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons.  The Code Official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.  No permit shall be extended more than once.
   5.   Inspection Required.  Upon completion of the work the applicant or owner shall notify the Code Official that the work is completed.  A final inspection shall be performed to assure compliance with this code.
   6.   Height.  The height of all fences, retaining walls, and hedges located within a front, side, or rear yard shall not exceed those found in Table 169-C.
TABLE 169-C – MAXIMUM FENCE HEIGHTS1, 2
 
District
Front Yard
Side Yard
Rear Yard
R Zones
38 inches4
8 feet
8 feet
All Other Zones
38 inches4
16 feet3
16 feet3
1   At street intersections, no fence, retaining wall or hedge more than 10 percent solid or three feet above the street level shall be located within a triangular area composed of two of its sides and twenty-five feet in length and measured along the right-of-way lines from the point of intersection of the above-referenced lines. 
2   No chain-link fence shall be located within any portion of the front yard.
3   If adjoining residential district maximum 8-ft.
4   On a corner lot property, a 6-foot-high privacy fence may be erected on that portion of the lot at the rear of the house provided the fence is erected a minimum of 15 feet from any sidewalk, driveway, or right-of-way line.  Said fence shall comply in all other respects with the fence requirements. 
 
   7.   Location.  Fences and hedges shall be located entirely within the confines of the property lines except for fences located next to a public or private alley shall maintain a minimum 2-foot separation between the fence and alley line.  No fence, wall, or hedge shall encroach on or obstruct a public sidewalk.
   8.   Fence Materials.
      A.   Barbed Wire.  It is unlawful for any person to erect, construct, keep, or maintain any barbed wire fence within the City except when the barbed wire fence is erected, constructed, and maintained in compliance with the provisions contained in the Code of Iowa and used on property zoned for Interim Development use, provided the property has been used for the purpose of enclosing livestock within the preceding 24-month period.  Barbed wire fences shall not be permitted in any other district. 
      B.   Electric Fences.  It is unlawful for any person to erect, construct, keep, or maintain any electric fence in any zoning district within the City, except for the enclosure of livestock operations located in an Interim Development District, provided the property on which the livestock operation is located does not adjoin property that is zoned or used for any residential purposes.
      C.   Barbed Wire and Electric Fences.  Barbed wire and electric fences, when allowed in the limited circumstances specified within sections A and B of this section, are prohibited from being located within five feet of an adjoining residential property, a public sidewalk, or a street right-of-way line where a public sidewalk does not exist.
      D.   Metal Fences.  Metal fences shall consist of galvanized or vinyl-covered chain link material, including all supporting frame posts and rails. 
      E.   Wood Fences.  Wood fences shall consist of a treated or decay-resistive material.  Posts and supports for the wood fence shall be located on the inside of the fence on the property on which the fence is constructed. 
   9.   Prohibited Fence Material.  The following fences are prohibited, except as provided in this chapter or for permitted agricultural residential gardening uses to protect against rodents, vermin, and pests:
      A.   Wooden snow fence;
      B.   Welded wire fence;
      C.   Panel fence;
      D.   Plastic snow/safety fence; and
      E.   Chicken wire.
   A snow fence may be erected on a temporary basis, not to exceed six months, to alleviate the adverse effects of drifting snow or to warn and prevent access to an area by unauthorized persons.  When erected on a temporary basis to prevent access of unauthorized persons to any area, a snow/safety fence shall be removed within 24 hours after the elimination of the reason for which the fence was erected originally.
   10.   Installation and Maintenance.  All fences shall be constructed in a workmanlike manner with approved materials and installed to withstand wind load of 30 pounds per square foot.  All fences shall be maintained and repaired as needed.  The owner of the property upon which the fence is constructed is required to maintain the fence.
(Ord. 2019-04 - May 19 Supp.)