These requirements apply to any construction of new fences,
walls, and hedges (or similar vegetation) and to any replacement of
fence where more than 50% of the existing length of fence is replaced.
A.
Except where otherwise allowed by this code, fences, walls and hedges
shall be permitted in any yard, or along the fringe or edge of any
yard, with the following provisions:
(1)
No fence shall be located along the sides or front edge of any
required front yard.
(2)
Fences, hedges or walls may project into or be located along
the side yard from the front building line of the lot to the rear
lot line, provided that such fences and walls (not hedges or trees)
do not exceed a height of six feet. See Figure 5.1.1.
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Figure 5.1.1
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(3)
Occasionally, unusual circumstances arise in which one person's
front line shares the same area as another person's back or side
property line. In these instances, the height of the shorter line
shall prevail. A variance may be granted by the Commission on a case-by-case
basis.
(4)
Fences on corner lots. Any fence on a corner street side must
not go beyond the front line of the structure and no closer than five
feet to the street right-of-way. See Figure 5.1.2.
Amended 11-17-2020 by Ord. No. 2020-28]
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(5)
All fences shall have a minimum of one gate for emergency access
that is at least three feet wide.
(6)
All fences shall be maintained in their original, upright conditions.
Fences designed to be painted or have other surface finishes shall
be maintained in the original condition. Missing board, pickets, or
posts shall be replaced in a timely manner with material of the same
type and quality.
(7)
Finished surfaces shall face outward from the property when
viewed from the public right-of-way. Posts and support beams shall
be inside the finished surface or designed to be an integral part
of the finished surface.
(8)
It shall be unlawful for any fence to restrict the flow of surface
water. A fence in a stormwater drainage path shall have a minimum
clearance of two inches above finished grade to allow water to flow
under the fence. No fence may be constructed within five feet of the
top of the backslope of an open ditch.
(9)
Fences and walls adjacent to a public right-of-way shall be
placed no closer than five feet from the right-of-way.
(10)
All fences and walls shall be located on private property and
shall be built with the consent of the property owner. The fence installer
and/or property owner shall be responsible to correctly located property
boundaries. Fences and walls may not encroach adjacent property lines.
(11)
Acceptable fence or wall building materials include wood, masonry,
wrought iron, PVC, chain link, vinyl and concrete block.
(12)
Razor wire, sheet metal, and pallets are prohibited as fence
material.
(13)
Barbed wire is only permitted in areas zoned industrial or agricultural
and may not be placed within five feet of any public right-of-way.
(14)
Electric fences are only permitted in areas zoned agricultural
and may not be placed within five feet of any public sidewalk or right-of-way.
Low-power electric fences designed to keep pets in yards are exempt.
(15)
Pool and spa fences. The following shall apply:
(a)
Aboveground swimming pools with a sidewall height of 36 inches
or higher must have a detachable ladder that will be removed from
the pool when it is not in use and stored not closer than 10 feet
from the pool.
(b)
All points of access to an in-ground swimming pool must be enclosed
by a fence at least 48 inches in height that complies with Section
5.1A(11) through 5.1A(14), with a locking gate and secured by a lock
when not in use.
[Amended 11-17-2020 by Ord. No. 2020-28]
(16)
Additional fencing regulations can be found in §§ 4.11.2,
4.11.3, 4.11.8, and Division 6.10 that are applicable to specific
uses.
B.
Easements.
(1)
Walls used as fences and footing for retaining walls are prohibited
in utility easements. Construction of all other fences in utility
easements is permitted, but the property owner assumes the risk of
doing so. Any fence enclosing a utility easement shall have a gate
installed to permit access to the easement.
(2)
Fences and walls shall not impede the flow of surface water
and may not cross open drainage channels. Any fence or wall proposed
within a drainage easement must first receive approval from the Planning
Commission.
(3)
Fences and walls shall not be constructed over or across any
public or private access easement.
C.
Permit required.
(1)
All new fences constructed within the City of Lincoln shall
require a permit, issued by the Building Official prior to construction.
For the purposes of this section, the entirety of a fence constructed
at substantially the same time on a single parcel of real property
shall be construed as one fence, and shall require only one permit.
A fence permit shall include:
(2)
Fees shall be paid according to the fee schedule in Division
2.6.
D.
Penalty. Violations of the division are punishable by a fine of not
less than $25 nor more than $100. Each day of the violation shall
be considered a separate offense.
E.
Variances. Any person may petition the Board of Adjustment for a
variance from the strict application of this division. Refer to § 4.13.5,
Procedure for variance applications.
F.
Exception
for limited purpose fencing: The provisions of this subchapter do
not apply to fences constructed for enclosures of outdoor pet runs,
outdoor pet pens, or gardens, provided that said fencing is constructed
behind the front building line and does not enclose more than 49%
of the total area not covered by structures, of the lot behind the
front building line. Such fencing may be placed as of right, subject
to other provisions of this code.
[Added 11-17-2020 by Ord. No. 2020-28]
