17.60.020 General regulations.
General regulations of fences and retaining walls construction are as follows:
(1) No fence or partition wall shall be built by a private party on public land or public right-of-way. Removal of any such fence or walls is at the expense of the owner of the property it is originating from. Fences encroaching within the public street right-of-way, other ways or commons are prohibited and declared a nuisance per Chapter 8.05 IGCC and Iowa Code 657.2(5).
(2) Retaining walls may, upon approval of the city council and written agreement, be built within the public street right-of-way.
(3) Within industrial districts, unless otherwise specified herein, fences not exceeding eight feet in height are allowed within the limits of side and rear yards. Fences may be allowed within the limits of the front yard if:
(a) The construction is so designed in its space allocation, orientation, texture, materials, landscaping, and other features as to produce a stable and desirable character complementing the design and values of the surrounding district.
(b) The planning and zoning commission returns a favorable recommendation on the construction. The construction is in accordance with the comprehensive plans of the city, including all plans for redevelopment and renewal. The commission will have a 30-day period to review and return recommendation. The lack of review within the 30-day period by the planning and zoning commission will not be considered a stay on the approval or denial.
(4) Within all other districts, unless otherwise specified herein, fences or partition masonry wall not exceeding six feet in height are allowed within the limits of side and rear yards, and at a line extending from the foremost point of the front face of the principal building or structure, with this line being parallel to the front property line in any direction. Additionally, a fence or partition masonry wall not exceeding three feet in height is allowed up to the front property line and a fence or partition masonry wall not exceeding four feet in height is allowed no closer than within three feet of the front property line. Furthermore, in no case shall a fence of a height greater than specified above be located beyond the front building line of the principal building or structure described herein.
(5) Corner lots or parcels are considered to have two front yards and corresponding front property lines; this condition requires public safety considerations for vehicles entering streets from the lot itself or vehicles entering a street intersection adjacent to the lot or parcel. Due to these public safety concerns, the requirements allowing fences or partition masonry walls past a parallel line extending from both foremost front faces of the principal building or structure has a higher standard to be met. Furthermore, for this reason fences or partition masonry walls in these instances may only be allowed provided the visual line of sight is maintained that would be considered generally reasonable. An example of a generally reasonable standard is that a vehicle’s operator can see that both directions are clear before entering a street or intersection and before any part of the vehicle enters the traveled portion of any street or traveled portion designated for intersection cross traffic.
(6) Decorative features in all zoning districts, such as individual posts, trellises, brick or stone columns, and similar features constructed as part of a fence shall be allowed to exceed the maximum fence height by no more than 12 inches. Pedestrian entry features which only include arbors, arched entries, arcades or finials may exceed the maximum allowable fence height in any yard.
(7) Single faced fences shall have their unfinished side (side with exposed posts) facing towards the property on which the fence is erected.
(8) On double frontage lots, fences not more than six feet in height may be placed in a required secondary front yard abutting a street where all the following are met:
(a) The secondary front yard (not the street address side) abutting the street of the property is used as a back or side yard and not as a front yard.
(b) The line of sight needed to safely determine entry at streets and driveways is maintained.
(c) All other requirements of this title are met.
(9) Retaining walls shall be set back from the property line one foot for every foot of height, unless a mutual written agreement on the height and location of the retaining wall has been made with the adjoining property owner.
(10) Masonry partition walls shall be set back so not to protrude into the abutting property of another owner on all property lines.
(11) Retaining walls which are more than four feet in height shall be structurally engineered. No single wall face shall be greater than six feet in height without terraces to break up the wall expanse. A minimum one foot of terrace shall be used for each two feet of wall height. Each terrace shall contain vegetation. The design specifications, elevations and site plan showing the exact location of the wall shall be provided along with the required building permit application to the city. [Ord. 599, 2021.]