HomeMy WebLinkAbout2024-07-01 I07 Chapter 165 Fence Amendment_3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 1, 2024
AGENDA ITEM:Consideration of approval on an Ordinance to amend Chapter 165,
Zoning Regulations, Definitions and General Regulations, by amending
Section 165.15, Fences, Walls, and Hedges [third (final) reading]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the third reading of the ordinance in title only and place it on
final passage.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 165, ZONING REGULATIONS,
DEFINITIONS AND GENERAL REGULATIONS, WAUKEE, IOWA
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 165, Waukee Municipal Code, Zoning Regulations, Definitions and
General Regulations, is hereby amending Section 165.15:
165.15 FENCES, WALLS, AND HEDGES.
1. Specifications. Notwithstanding other provisions of these zoning regulations, fences, walls,
and hedges may be permitted in any required yard, or along the edge of any yard; provided, no
fence, wall, or hedge shall exceed four feet in height within the building setback area adjacent to
any public right-of-way. Six-foot-high fences are allowed only outside front yard building
setback areas. (A “front” yard may be along the side or the rear of a home, if adjacent to the
street.) Fences, walls, and hedges in any district other than M-1, M-1A and M-2 districts not
exceeding six feet in height are permitted within limits of side and rear yards. In M-1, M-1A and
M-2 districts, fences, and walls shall not exceed a height of eight feet.
2. Attractiveness of Face of Fence. For all new fences, the face of the fence shall be equally
attractive on both sides. However, if one side of the fence is considered less attractive because of
structural members, etc., the less desirable side of the fence shall be directed toward the
developing property or away from the public right-of-way.
3. Double Frontage Lots. In the case of double frontage lots, the minimum setback on the
secondary front yard shall not be less than 10 feet provided no landscaping buffer exists for a
fence up to six feet in height. In the case that a landscape buffer exists, the minimum setback
shall not be less than the width of the landscape buffer easement with an arterial or collector
street forming the rear property line for a fence up to six feet in height.
4. Corner Lots. In the case of fences on corner lots, fences not exceeding six feet in height are
permitted in the secondary front yard provided a minimum setback of 15 feet from the property
line is maintained.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
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, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the 3rd day of June, 2024, and approved this 3rd day of June, 2024.
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Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk