1. No fence shall be constructed within the zoning jurisdiction of the City unless a fence permit application is approved, the permit has been issued by the building inspector, and the fence is constructed in conformance with the following requirements:
A. Unless otherwise provided by this Code of Ordinances, no fence shall be built on any lot or tract outside the surveyed lot lines, or adjacent to any municipal property, excluding public streets.
B. Unless otherwise provided by this Code of Ordinances, any fence built on residential property within the required front or street side yard setback shall contain openings constituting no less than 50 percent of the surface area of the fence.
C. No solid fence permitted or required by this Code of Ordinances shall be built within a visual sight triangle formed by the adjacent side lines of two intersecting streets and a line connecting points 40 feet on each leg from their point of intersection; or otherwise in any manner creating a traffic hazard or obstruction to visibility.
D. The finished surfaces of any fence shall face toward adjacent properties and street frontage.
E. All parts of a fence shall be completely within the boundaries of the property of the owner installing the fence.
F. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions.
(1) The maximum height of a fence within a required front yard or street side yard shall be 42 inches not exceeding 50 percent closed construction, or 48 inches not exceeding 25 percent closed construction.
(2) The maximum height for any fence outside of a required front yard or street side yard setback shall be six feet unless other requirements are stated.
(3) On corner lots, a fence built in accordance with the required fifteen-foot setback of the street side yard (See Chapter 165B Zoned District Requirements) may have a maximum height of six feet unless other requirements are stated.
(4) Shared property lines shall be agreed upon by both adjacent property owners for a fence to be placed on the shared property line. If not agreed upon by both property owners, the owner installing the fence shall place the fence a minimum two (2) feet off the shared property line.
(5) Fences built on residential property outside of required front or street side yards may exceed 50 percent closed construction.
(6) Fences shall be constructed of wood, chain-link, PVC/resin manufactured fence product, stone, or masonry materials only. Wood fences shall utilize standard building lumber only. Sheet-metal of any kind, livestock panels or gates, and reclaimed pallets or other reclaimed wood products are not acceptable materials for fences in any residential zone.
(7) Fences may exceed the maximum height by four inches provided they are installed to maintain landscaping material at grade.
(8) Height shall be measured from the average grade along the fence line.
G. Where it is demonstrated that for security purposes the perimeter fencing around a plant or building located in an area zoned as an Industrial District must be higher than six feet in height, it shall be approved through a conditional use permit.
H. Fences constructed along and parallel to lot lines separating a residential lot from property located in a Commercial or Industrial District shall not exceed eight feet in height.
I. Fences constructed along and parallel to rear and side lot lines adjoining arterial streets, as designated by the IDOT, shall not exceed eight feet in height.
2. No fence or vegetation shall be situated or constructed in such a way as to obstruct the vehicular traffic or otherwise create a traffic safety hazard.
3. The use of barbed wire or concertina (razor) wire in the construction of any fence is prohibited except:
A. Perimeter security fencing of buildings constructed in an Industrial District. The plans and specifications for any such fencing must be approved by the City Council before commencement of construction.
B. Farm fencing constructed for agricultural purposes on parcels of land 10 acres or more in size, located in the AR District.
4. All fences shall be maintained in good repair. Fences shall be maintained in an upright position. Any fence that is broken, damaged, has a significant lean or is missing rails, posts, or other structural components shall be promptly repaired or replaced.
5. Electric Fences. No electric fence, except for underground animal control fencing, shall be constructed or maintained within the City or within its extraterritorial zoning jurisdiction except in TA-1 District as hereinafter provided. An owner or lessee of such property may, upon application to the City and approval by the Zoning Administrator, maintain electrified fencing provided the fence shall not be energized to the extent that it is capable of causing bodily harm to children, adults, or animals. Before the Zoning Administrator shall approve any electrified fencing, it shall be determined that non-electrified fencing will not adequately protect the owner's property and the owner's application for approval of electrified fencing shall set forth in detail the reasons why non-electrified fencing will not adequately protect the owner's property.
6. Garden fences do not require a permit for installation provided they do not exceed four (4) feet in height, are 50 percent open construction, do not exceed 200 square feet and are setback a minimum of eight (8) feet from the front line of the principal building, are used for the purpose of protecting growing, cultivated vegetation.
7. Swimming pool, hot tub, and spa barriers. Barriers for swimming pools, hot tubs, and spas are required in the Municipal Code of Sergeant Bluff Chapter 159 Property Maintenance Code.
A. Minimum height of a swimming pool (inground or above ground), hot tub, or spa barrier from average grade shall be 48 inches in height and not to exceed a maximum height of six (6) feet as measured from average grade.
B. Barriers that are attached to the top of an above ground pool shall be labeled and listed as a barrier and installed in accordance with the manufacturer's instructions.
C. A deck built even with the above ground pool side wall shall have a railing, minimum height of 36 inches not to exceed a maximum height of seven (7) feet as measured from the top of the railing to the average grade.
D. No barrier shall be required for a swimming pool, hot tub, or spa if the property is completely fenced in, and the fence is installed in accordance with the provisions of this code.
E. No barrier shall be required for a swimming pool, hot tub, or spa if there is a safety cover that complies with the requirements of ASTM F 1346.
(Ordinance 715 - Dec-21 Supp.)