§ 9.09. Fences and Retaining Walls.

No fence or retaining wall (four feet in height or more) shall be constructed within the zoning jurisdiction of the City of Bellevue unless a permit therefore is approved and issued by the building inspector and is constructed in conformance with the following requirements:

9.09.01

The height limitation for fences shall be six feet above ground level except as provided herein.

1.

A fence constructed within a front yard of a residential lot and vegetation used as a barrier, screen, or fence along and parallel to the front line of a residential lot, shall be open (at least 50% of the surface area in open spaces) and shall not exceed 48 inches in height.

2.

Where it is demonstrated that for security purposes the perimeter fencing around a plant or building located in an area zoned as an Industrial District must be higher than eight feet in height may be approved through a Conditional Use Permit.

3.

Fences constructed along and parallel to lot lines separating a residential lot from property located in a Commercial or Industrial District shall be a minimum of six feet and shall not exceed eight feet in height.

4.

Fences constructed along and parallel to rear and side lot lines adjoining arterial streets, as designated by the Nebraska Department of Roads, shall not exceed eight feet in height.

9.09.02

No fence or vegetation shall be situated or constructed in such a way as to obstruct the vehicular traffic or otherwise create a traffic safety hazard.

9.09.03

The use of barbed wire in the construction of any fence is prohibited except:

1.

Perimeter security fencing of buildings constructed in a Manufacturing District. The plans and specifications for any such fencing must be approved by the City before commencement of construction.

2.

Farm fencing constructed for agricultural purposes on parcels of land five acres or more in the Agricultural or Residential Agriculture District, provided they do not abut a non-agricultural residential zoning district.

A.  

Barbed wire fences. It shall be unlawful for any person to erect or cause to be erected or to maintain any barbed wire fence or any barbed wire strung along or upon any fence as a barrier within the City limits and the jurisdictional area of the City; provided that on fences surrounding public institutions, public utilities, factories, storage yards, communication centers, or airports it shall be permissible to string not more than three (3) strands of barbed wire upon supports inclined an angle not greater than sixty (60) degrees with the horizontal plane when such wires are strung so that they are suspended above and within the property lines and further that all elements of said fence shall be within a line drawn perpendicular upward from the property line, and the bottom strand of such barbed wire is not less than six (6) feet above the surface of the ground measured from the outer face of such fence.

B.

Electric fences. It shall be unlawful for any person to erect or cause to be erected or to maintain any fence, the wire or wires of which are electrified at any location within the jurisdictional control of the City. Provided, however, that in any area zoned agricultural, electric fences may be used to control the ranging of livestock.

9.09.04

All fences shall be maintained in good repair.

9.09.05

Fences And Hedges, Other Than Corner. On portions of a lot not covered by street or alley intersection restrictions the height of fences of any length, and foliage continuous for 5 feet or more, shall be limited to 42 inches on any street line and the front 50 feet of any side lot line. All other portions of lot lines, fences, hedges and continuous foliage barriers may not exceed a height of 80 inches. Fences around an entire platted subdivision shall be of an esthetic nature and located six inches within the lot line and shall be constructed of wood, masonry, or wrought iron materials. The care, upkeep, and maintenance of the fence shall be the sole responsibility of the property owner or an appropriate homeowners association.

9.09.06

Fences, Perimeter To A Subdivision. Fences around an entire platted subdivision shall be of an aesthetic nature and located 6 inches within the lot line and shall be constructed of wood, masonry, vinyl or wrought iron materials and shall conform to the height limits of Section 9.09.01. The care, upkeep, and maintenance of the fence shall be the sole responsibility of the property owner or an appropriate homeowners association.

9.09.07

Fences, Surrounding Pools. Every outdoor pool shall be completely surrounded by a fence or wall not less than 72 inches in height, which shall be so constructed as not to have openings, holes, or gaps largerthan 4 inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed 4 inches. A dwelling or accessory building may be used as part of such enclosure.

All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device located at least 45 inches above grade level for keeping the gate or door securely closed at all times, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

The provisions of this section shall be applicable to all outdoor pools which have a depth of 18 inches or greater and a diameter of nine feet or greater, as regulated under the Uniform Plumbing Code. No person either as owner, purchaser, lessee, tenant or licensee, in control of the property having such pool shall fail to provide and maintain such fence or wall as herein provided.

9.09.08

Fences And Hedges, Measurement Rule. Height shall be measured from the existing grade at the exterior side of the fence. No person may construct a berm upon which to build a fence unless the total height of the berm plus the fence does not exceed the maximum height allowable for the fence.

9.09.09

Fences, Finished Side of. The finished surfaces of any fence shall face toward adjacent properties and street frontages.

9.09.10

Fences And Hedges, Exception, Board Of Adjustment. The Board of Adjustment may approve, or may direct as a condition for granting an appeal, that fences or plantings of a height in excess of these regulations be placed as shielding between different uses, or between like uses upon agreement between the parties affected thereby, provided that no such approval shall have the effect of reducing corner visibility as provided for herein.

(Ord. No. 2398, § 1, 1-13-1986)