The following standards shall apply to all fences and other similar structures built for landscaping or screening purposes in any zoning district unless otherwise provided for a specific zoning district:
A. Fences:
1. Materials Permitted; With the exception of temporary fences as provided herein, and fences internal to a property around the perimeter of a garden or animal enclosures, permanent fences shall comply with the following:
a. Be constructed of customarily used materials such as, but not limited to: wrought iron, aluminum, metal and wood as provided below, polyvinyl chloride (PVC), composite and other similar materials that are durable and can be installed in such a way as to provide a clean finished appearance. Chain-link is permitted in Single Family Residential zoning districts, however, may not be appropriate for all zoning districts and therefore will be reviewed on a case by case basis.
(1) Natural wood fences shall be constructed of treated lumber, cedar, redwood, bamboo (not to include reed or bamboo grasses) or similar species that are resistant to decay.
(2) Welded wire and other metal mesh materials of an architectural grade or which are of a thickness/gauge that does not easily bend, and which holds
(3) a uniform shape, grid and/or pattern when vertical may be allowed with the proper attachment and/or framing.
(4) The use of chain-link fence must be installed to make a complete and uniform fencing system utilizing industry standard round metal posts, top rails, connectors, gates, or similar parts. Alternate materials to frame chain-link to provide a clean, non-sagging appearance may be allowed with specific city approval.
b. All sides of fences easily visible from outside of the property upon which they are located must be of an earth tone, neutral, or natural color such as white, black, gray (silver), tan, or brown, unless otherwise specifically approved by the City for a designated and apparent design theme.
c. Single faced fences shall have the unfinished side (side with exposed posts) facing toward the property on which the fence is erected.
2. Materials Prohibited: Permanent fences are not to be constructed of or include the following:
a. Temporary construction or snow fencing.
b. Metal wire or other mesh materials that are sold in rolls or can be folded or rolled, which are traditionally used for the penning of animals and which typically cannot be pulled taught without sag or sway. This should not be read to prohibit the use of these materials for fencing for the purpose of garden or animal enclosures interior to a property.
c. Bright or fluorescent colors.
d. Slats, strips or other materials intended to increase opacity attached to or weaved through openings within a fence material, with the exception of sun and/or wind screen material designed for and directly associated with a sports or recreation facility, subject to the provisions of 9-10-4 A.21.
e. Copy, pictures, images, lettering, logos, graphics, or artwork on any side of a permanent fence visible at the ground level from outside of the property upon which it is located, unless approved as a permitted sign.
f. With the exception of barbed wire and electrical fences as provided elsewhere in this Code, materials and the fence design may not such so as to cause pain or injury to humans or animals.
3. Fences for the protection of gardens or penning of animals in single family zoning districts may be allowed interior to the site when setback a minimum of five feet (5') from a side or rear property boundary. Fencing for gardens and penning of animals shall not be allowed within the front yard of a property.
4. Temporary fences installed to provide site security and/or safety in conjunction with construction work shall be allowed to be comprised of cloth screening fabric and plastic snow fence type materials. Copy, pictures, images, lettering, logos, graphics, or artwork shall be allowed in accordance with Chapter 18: Signs, within this title. Unless otherwise approved by the City, any such temporary fences shall be removed if construction ceases for a period of six (6) months or upon issuance of an occupancy permit, including temporary occupancy.
5. Temporary fences comprised of snow fence material, moveable gates or panels, barricades, railings, or other shall be allowed as part of an approved special event or temporary use permit. Any such temporary fences shall be removed from the site upon conclusion of the event.
6. All fences shall be constructed in a sound and sturdy manner and shall be maintained in an upright and non-sagging manner and in a good condition, including the replacement of defective or missing parts, painting, and other acts required for maintenance.
7. Provisions for landscaping to soften the presence of the fence and provide additional buffering or screening may be required and will be reviewed on a case by case basis. Not applicable between individual single-family lots.
8. Any fence that does not conform to this section, but is considered by the Director of Development Services, or his/her designee, to satisfy the spirit and intent of the ordinance may be approved at their discretion.
B. Height and Setback Requirements:
1. For the purposes of determining height and setback allowances:
a. The front yard shall be considered that side of a lot that lies forward of the main plane of the structure towards the street.
b. The side yard shall be considered that portion of the lot beginning at the rear lot line extending to a point formed by a line projected along the same plane as the front plane of the structure to the nearest side lot line.
c. The street side yard shall be the same as a side yard except that the side borders a street instead of another private lot.
d. The rear yard shall be considered to be that lot boundary generally parallel to the rear plane of the structure.
2. Unless minimum setback requirements are otherwise specified herein, or specifically approved by the City Council, all fences may be located on the property line or ultimate street right-of-way line, whichever is more restrictive.
3. Measuring Fence Height:
a. The height of the fence shall be determined by a measurement from the ground beneath the fence as follows:
(1) On a street side yard, the total effective height above the finished grade shall be measured on the side nearest the street. If a property or premises is lower than an adjacent street, then the effective height of the fence shall be determined by a measurement from the street grade at a ninety-degree (90°) angle from the fence. Up to an additional two feet (2') of height may be allowed to achieve an effective height of six feet (6'); however, the total vertical measurement from the ground beneath the fence to the top of the fence shall not exceed eight feet (8'). (See figure #4 of this section.)
(2). In any other yard the allowable height shall be the vertical measurement from the ground beneath the fence to the top of the fence.
Figure 4:
b. The intentional implementation of earthen berming, retaining wall, or raised planter for the sole purpose of achieving a height above that provided herein shall not be allowed in Single Family Residential districts. Fences may be located on top of retaining walls or raised planters in Single Family Residential as long as the top of the fence as measured from the bottom of the retaining wall or planter does not exceed eight feet (8') in total allowable height in the Residential Estate district or six feet (6') in total allowable height in all other Single Family Residential zoning districts.
4. Fence Height and Required Setback:
a. All Districts, except as provided below in this section:
(1) A fence, not exceeding four feet (4') in allowable height may be placed in the front yard including at the property line of a street side yard of corner lots provided visual clearance is maintained at intersecting street corners and the intersection of the street and private driveways.
(2) Except as provided in 9-14-11B.3.a.(1) herein, fences not exceeding six feet (6') in allowable height may be placed in a street side yard (corner lots) when the fence maintains a minimum setback from the ultimate right-of-way of no less than fifteen feet (15'). However, on existing properties zoned Single Family Residential where the dwelling is located at a legal non-conforming side yard setback of less than fifteen feet (15') from the ultimate right of way, a fence not exceeding six feet (6') in allowable height may be placed at the same plane as the dwelling, but in no instance shall be located closer than five feet (5') to the lot line.
(3) Fences not exceeding six feet (6') in allowed height are allowed within the limits of side and rear yards (non-corner lots).
(4) Double Frontage Lots: For the purposes of this section, the regulations below relate to placement of fences within the rear yard only.
(A) On double frontage lots with a required landscape buffer (also see 9-19-8E) with no plat restriction to the contrary:
i. No fence shall be located within the buffer itself unless specifically approved by the City Council.
ii. A six-foot (6') privacy fence compliant with this section (9-14-11) may be located on the private side of the buffer (dwelling side).
iii. A six-foot (6') open fence generally consistent with that provided in Chapter 19, Section 8, may be located on the public side of the buffer (street side) with the approval of the City Council. The City Council shall have the authority to approve an alternate open fence design than that indicated in Chapter 19.
(B) On double frontage lots without a required landscape buffer and no plat restriction to the contrary:
i. Except as provided in 9-14-11B.3.a.(1) herein, privacy fences not exceeding six feet (6') in allowable height may be placed in a rear yard and a street side yard when the fence is located no less than fifteen feet (15') from the ultimate right-of-way line. Open fences consistent with that provided in Chapter 19, Section 8 for ‘double frontage lots with a buffer’ may be located up to the ultimate right-of-way line by right.
ii. A solid or open fence a maximum four-foot (4') in height may be allowed up to the ultimate right-of-way line (fifteen-foot (15') setback not required).
(C) The placement of a fence along the rear lot line does not negate the property owner’s responsibility of maintenance of the right of way (area between the fence and curb) or snow removal from public sidewalk(s) adjacent to the property.
(5) Footprint Lots: For the purposes of this section, the regulations below relate to placement of fences within footprint lots only.
(A) Fences for an individual dwelling shall not be placed in common areas or encroach onto a neighboring footprint lot. (Fences may be located in common areas of the development for purposes that benefit the development (i.e., dog parks, recreational areas, visual screening of negative elements)).
(B) No fence shall be placed forward of the front plane of the dwelling unit. No fences allowed in the front yard.
(C) Up to a six-foot (6') open fence (less than 50% opaque) generally consistent with that provided in Chapter 19, Section 8, may be located up to the footprint lot line on the side and rear yards of individual dwelling lots. Fences may only be located within one side yard and the rear yard of a lot.
(D) Fenced yards within footprint lots shall include gates to allow for emergency services access and maintenance.
(E) Fences shall not be placed in public utility easements without the approval of the city and shall not impeded storm water drainage paths.
(F) Fence design, including color for individual footprint lots shall be determined by the developer or owner’s association and shall be consistent throughout the development.
(6) Swimming Pool Enclosures: Regardless if a pool has an operational powered safety cover, barriers constructed for the purpose of enclosing swimming pools are subject to the height requirements of section 9-14-11 of this chapter, adopted building codes and Iowa Department of Public Health regulations, as applicable.
b. The following shall be allowed in the specified zoning districts:
(1) Residential Estate (RE):
(A) Fences not to exceed eight feet (8') in height shall be allowed within the limits of side and rear yards. Fences that exceed six feet (6') in height shall only be permitted in the side and rear yards of RE zoned lots that exceed forty thousand (40,000) square feet in size and when the fence is constructed of decorative metal and provides seventy-five percent (75%) openness for the full length of said fence. The openness percentage shall be provided at the time of a fence permit application. The use of chain link for this purpose shall be prohibited. Solid fencing up to six feet (6') in height shall be allowed in side and rear yards compliant with all other regulations in this Chapter.
(B) Woven wire and electrified fencing shall only be allowed at the property line on side and rear yards to contain livestock or to protect crops and plantings.
(2) Industrial Districts:
(A) Fences up to eight feet (8') in height are allowed within the limits of side and rear yards.
(B) The use of barbed wire may be allowed as part of a site plan approval process, provided the barbed wire is not located less than six feet (6') above the ground.
(C) All outdoor storage yards shall be surrounded with an opaque enclosure not to exceed eight feet (8') in height.
(3) Warehouse Retail District:
(A) Fences not exceeding twelve feet (12') in height are allowed within the limits of side and rear yards.
(4) Agriculture/Open Space Districts (OS): Whether designated as such on the zoning map or ‘unzoned’ but designated on the comprehensive plan land use map as open space. Barbed wire, woven wire and electrified fencing may be allowed at the property line to contain livestock or to protect crops and plantings.
c. Recreational Purposes: Accessory structures, including fences associated with recreational uses or facilities to provide a defined boundary, physical barrier, containment of an activity or component of the activity, or otherwise necessary for safety of spectators or participants, may be allowed in a location and at a height necessary to achieve the intent. Acceptable fence materials include all industry standard fence materials, including chain link, with or without wind or fabric visual screening materials, and woven netting. Wind and sunscreen materials manufactured for the specific purpose may be placed on the fence. Support structures, including poles, for fencing shall be allowed at a height necessary to appropriately achieve the intent of the fence.
d. Decorative Features: In all zoning districts, intermittent decorative features such as individual posts, trellises, brick or stone columns, and similar features constructed as part of a fence may exceed the maximum fence height by no more than twelve inches (12"). Decorative features shall not be counted toward the open space percentage of the fence. At pedestrian access points arbors, arched entries, or arcades may exceed the maximum allowable fence height up to three feet (3') in any yard.
e. Screening Of Mechanical Units: Except for single-family zoning districts and unless otherwise specified herein, fences installed as a method of screening mechanical equipment may exceed height limitations of the specific zoning districts in order to effectively screen the mechanical equipment if they are located in direct proximity to the equipment. All screen fences shall be opaque in design and be built out of materials consistent with the architecture and materials of the principal building. Any open area required for ventilation of the equipment shall be designed to prevent full view of the equipment. The design of the screen fence and the height required for full screening shall be provided at the time of a building permit or site plan application.
C. Overland Flowage Easements:
1. Fences may encroach into an overland flowage easement provided measures are taken to make certain that design and maintenance of the fence does not impede or alter the flow path of water, cause siltation or debris buildup, etc.
2. Solid fencing shall be elevated a minimum of six inches (6") above the ground plane through the swale part of the easement to allow water flowage. (See figure #5 of this section.)
3. Fences which are not elevated at the base shall be of a design that is at least seventy-five percent (75%) open to allow for water flow. Chain link shall be allowed on single-family properties. Regular maintenance by the resident to remove debris build-up shall be done to ensure the flow of water is not impeded or water flow path altered.
Figure 5: Fences within Overland Flowage Easements
D. Other Regulations: Fences not normally allowed or a fence height above what is permitted for the specific zoning district may be allowed as noted below. Fence design and materials shall comply with the requirements otherwise contained in this section.
1. Additional fence height required by federal, state, or local regulations shall be allowed to exceed the maximum fence height noted for the zoning district up to the minimum height required per the applicable regulation.
2. Additional fence height needed to protect the public health, safety, and welfare shall be allowed to exceed the maximum fence height noted for the zoning district upon demonstrating to the Development Services Director, or designee, that the additional height is necessary to protect public safety. Fence height will be allowed up to the maximum for that district plus up to three (3) additional feet if the additional three feet (3') is no less than eighty percent (80%) transparent above the allowed height. (Ord. 2464, 4-5-2021; amd. Ord. 2493, 10-4-2021; Ord. 2540, 9-19-2022; Ord. 2548, 12-5-2022)