Moville Ordinance No. 2020-6 (Fences)

City of Moville
ORDINANCE NO. 2020-6
AN ORDINANCE AMENDING
THE ZONING CODE OF
ORDINANCES OF THE CITY
OF MOVILLE, IOWA, BY
AMENDING PROVISIONS
PERTAINING TO FENCES

Be It Enacted by the City Council of the City of Moville, Iowa:
SECTION 1.  SECTION MODIFIED.  Section 9.04 of the Zoning Code of Ordinances of the City of Moville, Iowa, is repealed and the following adopted in lieu thereof:

SECTION 9.04 FENCES
• 9.04.01 No fence shall be constructed within the zoning jurisdiction of the City of Moville unless a permit therefore is approved and issued by the building inspector and is constructed in conformance with the following requirements:
1. Unless otherwise provided by this title or other sections of the Moville Municipal Code, no fence shall be built on any lot or tract outside the surveyed lot lines, or adjacent to any municipal property, excluding public streets.

2. No solid fence permitted or required by this or other sections of the Moville Municipal Code shall be built within a 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 create a traffic hazard or obstruction to visibility.

3. The finished surfaces of any fence shall face toward adjacent properties and street frontage.

4. All parts of a fence shall be completely within the boundaries of the property of the owner installing the fence.

5. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions:

A. No fences are allowed in front yard areas.  Fences shall be located no closer than 6’ (six feet) behind the front plane of the house.

B. The maximum height for any fence outside of a required front yard shall be six feet unless other requirements are stated.

C. On corner lots, a fence built parallel to the street side yard line but set back in conformance with the required street yard setback may have a maximum height of six feet unless other requirements are stated.

D. Fences shall be constructed of wood, chain-link, PVC/resin, stone or masonry materials only. Wood fences shall utilize standard building lumber only.

E. Fences may exceed the maximum height by four inches provided they are installed to maintain landscaping material at grade.

F. Height shall be measured from the average grade along the fence line.

7. Where it is demonstrated that for security purposes the perimeter fencing around a plan or building located in an area zoned as an Industrial District must be higher than six feet in height may be approved through a Conditional Use Permit.

8. Fences constructed along and parallel to lot lines separating a residential lot from property located in a Commercial or Industrial District shall not exceed six feet in height.

9. Fences constructed along and parallel to rear and side lot line adjoining arterial streets, as designated by the IDOT, shall not exceed eight feet in height.

10. Fence placed within 2’ (two feet) of the lot line will require signed approval of the adjoining landowner.

• 9.04.02 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.

• 9.04.03 The use of barbed wire in the construction of any fence is prohibited except:

1. Perimeter security fencing of buildings constructed in an Industrial District. The plans and specifications for any such fencing must be approved by the City before commencement of construction.

2. Farm fencing constructed for agricultural purposes on parcels of land 10 acres or more in size, located in the Agricultural (A) District.

• 9.04.04 All fences shall be maintained in good repair.

• 9.04.05 Electric Fences: No electric fence, except for underground animal control fencing, also known as invisible fencing, shall be constructed or maintained within the City of Moville. An owner or lessee of such property may, upon application to the City and approved by the Zoning Administrator, maintain electrified fencing provided it shall not be energized to the extent that it is capable of causing bodily harm to persons, be they children or adults, or to animals. Before the Zoning Administrator shall approve any electrified fencing, it shall determine 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 his property.

SECTION 3.  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 4.  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
Passed by the Council on the 17th day of July, 2020, and approved this 17th day of July, 2020.

/s/ Jim Fisher
Jim Fisher, Mayor

ATTEST:
/s/ Jodi Peterson
Jodi Peterson, City Clerk

First Reading:  July 1, 2020
Second Reading: July 17, 2020
Third Reading:  waived

Published in The Record
Thursday, October 29, 2020