HomeMy WebLinkAbout~Master - Changing the Fence Height Requirements within the Side Yard Setback VAA
ORDINANCE NO. 3796
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY ADOPTING A NEW SECTION 29.408(2)(b) BY
REPEALING SECTION 29.408(2)(b) AND RE-ADOPTING THE SAME
REVISED, ALL FOR THE PURPOSE OF CHANGING THE FENCE HEIGHT
REQUIREMENTS WITHIN THE SIDE YARD SETBACKS;REPEALING ANY
AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO
THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
enacting a new Section as follows:
"Sec.29.408. FENCES.
(2) Fences.
(a) Types of Fences. These standards apply to walls,fences and screens of all
types whether open,solid,wood,metal,wire,masonry or other material.
(b) Location and Height.
(I) The maximum height for fences in required front building
setbacks,and the side yard setbacks adjacent to public right-of-
way, in the case of corner lots directly abutting the front yard
area of an adjacent residential property,is four(4)feet,except:
a. In the case of through lots a maximum fence height of
six (6) feet is permitted along the functional rear lot
line,subject to a five-foot setback being provided with
a landscaping element equal to one landscape tree for
every 50 lineal feet and two high or three low shrubs for
every ten lineal feet of area to be planted. The
landscaping shall be planted within the five-foot
setback area;
b. In the case of fences located within the side yard
setback adjacent to public right-of-way on a corner lot
which is not directly abutting the front yard area of an
adjacent residential property,a maximum fence height
of six(6)feet is permitted subject to a five-foot setback
being provided with a landscaping element equal to one
landscape tree for every 50 lineal feet and two high or
three low shrubs for every ten lineal feet of area to be
planted. The landscaping shall be planted within the
five-foot setback area.
C. In no instance is a fence that is taller than four(4)feet
in height permitted within the functional front yard. For
the purposes of this section,the functional front yard is
defined as the area located between the main front wall
of the residence and the front lot line.
(ii) The maximum height for fences in required side or rear building
setbacks is six(6)feet.
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(iii) The maximum height for fences that are not placed in required
setbacks is eight(8)feet.
(iv) In the case of retaining walls and supporting embankments,the
above requirements shall apply only to that part of the wall above
ground surface of the retained embankment.
(v) All fencing shall meet the requirements of the visibility triangle
as defined in section 29.408(5)of the Municipal Code."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal
infraction punishable as set out in Section 29.1603 of this Code.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this 14th day of September 2004
Diane R.Voss,City Clerk 4Te ,Mayor
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