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HomeMy WebLinkAbout2005-05-16-Ordinance 2515_Fencing RegulationsORDINANCE NO.2515 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNIClPAL CODE, ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY AMENDING SECTION 301.8(M),GENERAL REGULA TrONS -FENCES,WALLS AND HEDGES,BY REPLACING SAID SECTION IN ITS ENTIRETY WITH LANGUAGE THAT READS "FENCES,WALLS AND HEDGES.NOTWITHSTANDING OTHER PROVISIONS OF THIS ORDINANCE,FENCES,WALLS AND HEDGES MAY BE PERMITTED IN ANY REQUIRED YARD OR ALONG THE EDGE OF ANY YARD;PROVIDED THAT NO FENCE,WALL OR HEDGE SHALL EXCEED FOUR (4)FEET IN HEIGHT WITHIN THE BUILDING SETBACK AREA ADJACENT TO ANY PUBLIC RIGHT -OF-WAY.SIX (6) 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 A STREET.)FENCES,WALLS AND HEDGES IN ANY DISTRICT OTHER THANM-l,M-lAAND M-2 DISTRICTS NOT EXCEEDING SIX (6) FEET IN HEIGHT ARE PERMITTED WITHIN LIMITS OF SIDE AND REAR YARDS.IN M-l,M-IAAND M-2 DISTRICTS FENCES AND WALLS SHALL NOT EXCEED A HEIGHT OF EIGHT (8)FEET." BE IT ORDAINED by the Council ofthe City of Waukee: Section 1.Chapter 301,Waukee Municipal Code,ZOlOOgOrdinance,Section301.8(M)is hereby amended by replacing said section in its entirety with the following: Jvl.Fences,Walls and Hedges.Notwithstanding other provisions of this ordinance, fences,walls and hedges may be permitted in any required yard or along the edge of any yard;provided that no fence,wall or hedge shall exceed four (4)feet in height within the building setback area adj acent to any public right-of-way.Six (6)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 adj acent to a street.)Fences,walls and hedges in any district other than M-l,M-IA and M-2 Districts not exceeding six (6)feet in height are permitted within limits of side and rear yards.In M-l,M-IA and M-2 Districts fences and walls shall not exceed a height of eight (8)feet. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of tins ordinance are hereby repealed. Section 3.Severability Clanse.If ally 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.Effective Date.This ordinance shall be in effect upon its final passage, approval and publication as provided by law, 1 Passed by the City Council of the City of Waukee,Iowa,this 16th day of May 2005,and approved this 16th day of May 2005. Attested: - 2 J