ORDINANCE NO. 2024 - 353
AN ORDINANCE AMENDING THE ZONING CODE OF ORDINANCES OF THE
CITY OF KALONA, IOWA, BY AMENDING CHAPTER 165.08 FOR FENCE AND HEDGE REGULATION
BE IT ENACTED by the City Council of the City of Kalona, Iowa, as follows:
SECTION 1. AMENDMENT. The Zoning Code of Ordinances of the City of Kalona, Iowa, is hereby amended by amending Chapter 165.08, and adopting the following in lieu thereof:
165.08: Fences, and Hedge Regulations –
(a) All fences to be installed in the City of Kalona must file for a Fence Permit. The fee of $25.00 will be charged for each permit filed with the city.
(b) Applicants must confirm with adjacent neighbors and agree on property lines. The City of Kalona does not mark or locate property lines. If adjacent neighbors cannot agree on property lines, then it is the owner’s responsibility to hire a licensed surveyor to locate lot pins or set lot pins at the expense of the owner. After the surveyor locates pins or sets pins, the property owner may flag the area for City inspection for fence installation.
(c) Applicants must mark where they are planning to install the fence before City Staff will verify the location. If the City has issues with the marked area they will communicate with the resident and come to a resolution. If the resident disagrees with the city’s decision, then it is the responsibility of the resident to hire a licensed surveyor to locate property lines or set lot pins at the expense of the owner. If the City agrees the marked area is correct, the permit will be approved.
(d) Fences and Hedges when located within a front, side, or rear yard shall be subject to the following location and height restrictions:
1) When located in the rear yard, no portion of the fence that is ten percent (10%) solid shall exceed six (6) feet in height.
2) Fence and hedges shall not be located within an alley, or a street right-of-way. They must be three (3) feet off any alley, three (3) feet off any street right-of-way.
3) In residential districts, fences within the front yard shall not exceed four (4) feet in height and must be three (3) feet off any property line.
(e) Fence enclosures shall be provided for outdoor swimming pools with a depth of eighteen (18) inches or more, and shall be subject to the following requirements.
1) Fences must be at least five (5) feet in height from ground level but not to exceed six (6) feet from the top rim of the pool and have no spaces that would allow a four (4) inch sphere to pass through.
2) Fences must have a self-closing and self-latching device on the gate.
3) Fence shall not be located within an alley, or a street right-of-way. They must be three (3) feet off any alley, and three (3) feet off any street right-of-way.
(f) Barbed wire and electric fences shall be subject to the following requirements:
1) Barbed wire fences shall not be allowed in residential areas.
2) Except for the enclosure of livestock operations, electric fences shall not be permitted in any district.
3) No electric fence shall carry a charge greater than twenty-five (25) milliamperes nor a pulsating current longer than one-tenth (1/10) per second in a one-second cycle. All electric fence chargers shall carry the seal of an approved testing laboratory.
SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 3. SEVERABILITY. If any section or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this ordinance as a whole, or any sections, provisions, or part thereof not adjudged invalid or unconstitutional.
SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect upon its final
passage, approval, and publication as provided by law
PASSED AND APPROVED by the City Council on the 17th day of June 2024.
MARK ROBE, Mayor ATTEST: SARAH CHMELAR, City Clerk
Published in The News, Thursday, June 27, 2024 l-122