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Windsor Heights Overview
Windsor Heights, IA Code of Ordinances
WINDSOR HEIGHTS, IA CODE OF ORDINANCES
ORDINANCES PENDING CODIFICATION
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 BOUNDARIES
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 URBAN RENEWAL
CHAPTER 9 HOTEL-MOTEL TAX
CHAPTER 10 DEFERRED COMPENSATION FOR CITY EMPLOYEES
CHAPTER 11 URBAN REVITALIZATION
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 FINANCE DIRECTOR/TREASURER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 PUBLIC WORKS DIRECTOR
CHAPTER 23 PLANNING AND ZONING COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 30.11 UNBIASED POLICING POLICY
CHAPTER 31 ALARM SYSTEMS
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
CHAPTER 37 FIRE CODE
CHAPTER 40 PUBLIC OFFENSES
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 DAMAGED OR INOPERABLE VEHICLES
CHAPTER 52 ABANDONED VEHICLES
CHAPTER 53 LITTER CONTROL
CHAPTER 54 NOISE POLLUTION
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS DOGS
CHAPTER 57 ILLEGAL OR DANGEROUS ANIMALS
CHAPTER 60 TRAFFIC AND VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 CROSS CONNECTION CONTROL
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 100 REGULATION OF INDUSTRIAL WASTEWATER AND COMMERCIAL WASTEWATER
CHAPTER 101 STORM WATER DRAINAGE UTILITY
CHAPTER 102 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 105 SOLID WASTE CONTROL AND RECYCLING
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 107 SOLID WASTE DISPOSAL
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 FRANCHISE FEES
CHAPTER 113 CABLE TELEVISION REGULATIONS
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 123 HOUSE MOVERS
CHAPTER 124 PAWNBROKERS
CHAPTER 125 ADULT ENTERTAINMENT FACILITIES
CHAPTER 126 PUBLIC DANCE HALLS
CHAPTER 135 EXCAVATIONS OF PUBLIC PROPERTY
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET AND SIDEWALK GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 140 DRIVEWAY REGULATIONS
CHAPTER 141 FIBER OPTIC CABLE LICENSE
CHAPTER 142 PARKLETS
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES AND VEGETATION
CHAPTER 152 TEMPORARY STRUCTURES
CHAPTER 153 TEMPORARY SIGNS
CHAPTER 155 BUILDING CODES
CHAPTER 156 PROPERTY MAINTENANCE AND RENTAL HOUSING CODE
CHAPTER 157 STANDARD CONSTRUCTION SPECIFICATIONS
CHAPTER 158 MECHANICAL CODE
CHAPTER 159 PLUMBING CODE
CHAPTER 160 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 161 POST-CONSTRUCTION STORM WATER CONTROL
CHAPTER 162 FUEL GAS CODE
CHAPTER 163 DEMOLITION & RAZE PERMIT
CHAPTER 165 ZONING CODE - GENERAL PROVISIONS
CHAPTER 166 ZONING CODE - DEFINITIONS
CHAPTER 167 ZONING CODE - USE TYPES
CHAPTER 168 ZONING CODE - ZONING DISTRICT REGULATIONS
CHAPTER 169 ZONING CODE - OVERLAY DISTRICTS
CHAPTER 170 ZONING CODE - DEVELOPMENT AND DESIGN STANDARDS
CHAPTER 171 TEMPORARY USES AND STRUCTURES
CHAPTER 172 ZONING CODE - SUPPLEMENTAL SITE DEVELOPMENT REGULATIONS
CHAPTER 173 ZONING CODE - LANDSCAPING AND SCREENING STANDARDS
CHAPTER 174 ZONING CODE - OFF-STREET PARKING
CHAPTER 175 ZONING CODE - SIGN REGULATIONS
CHAPTER 176 ZONING CODE - NONCONFORMING DEVELOPMENT
CHAPTER 177 ZONING CODE - ADMINISTRATION AND PROCEDURES
CHAPTER 178 COMPREHENSIVE PLAN
CHAPTER 179 BOARD OF ADJUSTMENT
CHAPTER 180 CONDITIONAL USE PERMITS
CHAPTER 181 ADMINISTRATION AND ENFORCEMENT
CHAPTER 183 MOBILE FOOD UNITS
CHAPTER 185 FLOODPLAIN MANAGEMENT
172.05 FENCE REGULATIONS.
   1.   Permit Required. It shall be unlawful for any person to construct, alter, replace or relocate any fence or landscape wall within the City without first obtaining the appropriate permit(s) as required by the City Code of Ordinances and Zoning Code. A written application for the permit shall be filed with the Director of Planning. The application shall include the street address or legal description of the property, the name of the owner, the name and address of the person performing the work, and the proposed plan of construction or repair. The plan of construction or repair must include the depth, width, and type of material used along with where it will lie compared to structures and lot lines. The Director of Planning shall issue the permit if the proposed plan meets all the requirements of this chapter and the fence regulations including any specifications contained herein, if the fee is paid, and if the construction or repair as planned will not create any substantial hazard. A permit shall expire six (6) months after the date of issuance, if the fence is not constructed at that time.
   2.   The applicant for a fence permit shall pay a permit fee to the Clerk to cover the cost of issuing the permit and supervising, regulating, and inspecting the work. All permit fees under this chapter shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such permit fees may, from time to time, be amended by the Council by resolution. A copy of the resolution setting forth the currently effective permit fees shall be kept on file in the office of the City Administrator and shall be open to inspection during regular business hours.
   3.   Location Restriction. Unless otherwise provided by this Zoning Code or other sections of this Code of Ordinances, no fence shall be built on any lot or tract outside of the property owner’s surveyed lot lines. If a fence is erected along the property lines the owner installing the fence must ensure there is a permanent means for maintaining both sides of the fence subject to state and local ordinances. No landscape retaining wall shall be installed within two feet of the lot line of another property that is in excess of 24” without first conducting a consultation meeting with the City’s storm water coordinator and the adjoining property owner.
   4.   Responsibility. The property owner erecting the fence/wall is responsible for the following provisions:
      A.   Ensuring the fence is located on their property in accordance with the provisions of this section.
      B.   Maintaining the fence on both sides.
      C.   Ensuring that the fence be maintained in a state of good repair and kept safe for pedestrians or other traffic.
   5.   Required Openings. Unless otherwise provided by this Zoning Code or other sections of this Code of Ordinances, any fence built on residential property within required front or street side yards shall contain openings constituting no less than 50 percent of the surface area of the fence.
   6.   Sight Obstruction. No fence permitted or required by this Zoning Code or other sections of this Code of Ordinances shall be built within a triangle formed by the adjacent curb 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 create a traffic hazard or obstruction to visibility.
   7.   Facing. The finished surfaces or decorative side of any fence shall face toward adjacent properties and street frontage.
   8.   Effect on Adjacent Properties. No fence shall damage adjacent property by obstructing views, inhibiting solar access, or hindering ventilation.
   9.   Residential Fences. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions:
      A.   Height. The maximum height of a fence within a front yard or street side yard setback shall be four feet. The maximum height for any fence outside of a required front yard shall be six feet and is measured from the property grade.
      B.   Exception for Street Side Yards. On corner lots, a fence built parallel to the street side yard line but set back in conformance with the street yard setback may have a maximum height of six feet.
      C.   Exception to Openness Requirement. Fences built on residential property outside of required front or street side yards may exceed 50 percent closed construction.
      D.   Exception for Front Yards of Double Frontage Lots. A fence built within the required front yard of a double frontage lot may be a maximum of six feet in height and may exceed 50 percent closed construction if such lot fronts an arterial street or expressway, as defined in the Comprehensive Development Plan of the City, and if such frontage does not provide primary access to the property.
      E.   Prohibited construction methods. No woven, twisted, welded or interlaced wire fence shall be erected on residential properties. No chain link or wired fence of any kind shall be constructed or maintained with the cut or selvage end of the fencing material exposed and leaving an opening more than two inches above the ground or extending upward beyond the cross bar.
      F.   Materials. Fences shall be constructed of wood, PVC/ resin, stone, wrought iron, masonry or chain link materials only. Wood fences shall utilize standard building lumber only.
      G.   Location restrictions. Fences may not be constructed on lots unless a primary building is in place, with the exception of a temporary fence for safety as approved by the City or Zoning Administrator.
      H.   Prohibited Materials. A fence or wall may not be designed to cause pain or injury to humans or animals. Therefore, the use of spikes, broken glass, barbed wire, razor wire, nails, electrical charge or other similar materials shall be prohibited.
      I.   Fences may not be constructed within two feet of a public sidewalk.
   10.   Nonresidential fences.
      A.   The maximum height of a fence for any permitted use in a nonresidential district shall be eight feet.
      B.   The Board of Adjustment may approve greater fence heights on a case-by-case basis if it concludes that such permission furthers the health, safety, and welfare of the residents of the City.
      C.   Barbed wire or electrified fences above grade shall not be used in the construction of any fence within the corporate limits of the City.
   11.   Covenants. The City does not enforce covenants on file with the Recorder. Property owners shall be aware of all restrictive covenants for their platted subdivision.
   12.   Easements: No fence may be allowed to be constructed, built or located over a public easement, unless otherwise noted in this ordinance or approved by the zoning administrator.
   13.   Overland flowage easements.
      A.   Fences may encroach into an overland flowage easement providing measures are taken to make certain that the fence does not restrict the water flow, cause siltation buildup, etc.
      B.   Permitted fence material includes chain link, wrought iron fencing, picket style fencing that is at least thirty percent (30%) open, or other fencing styles that are at least thirty percent (30%) open.
      C.   Solid fencing shall be elevated a minimum of six inches (6") through the swale part of the easement to allow water flowage.
   14.   Nonconforming fences. Any fence existing on the effective date of this Chapter and not in conformance with this Section may be maintained, but alterations, modifications, relocations or improvements of more than fifty percent (50%) of said fence shall require a permit and the owner to bring the fence into compliance with this Section.
   15.   Miscellaneous. Fences which enclose public or institutional parks, playgrounds, or schoolyards in residential areas shall be of open type not exceeding 6' in height except as required for recreational purposes such as baseball backstop when a limited section(s) of open fence up to 10' in height is allowed, where necessary to provide for such backstop or similar purposes.
(Ord. 15-06 – Nov. 15 Supp.)