LINCOLN -- After looking at ordinances from about eight cities, the city of Lincoln now has its own ordinance that establishes requirements for new fences in town.
Lincoln City Council suspended the rules at its Sept. 19 meeting and voted to adopt the ordinance. The ordinance becomes effective 60 days from passage.
The fence ordinance comes into play on any new fences or the replacement of a fence where more than 50 percent of the existing length of fence is repaired.
Alderman Doug Hutchens said he has been receiving many calls from people asking him about the requirements for putting up a fence. Some of the questions have been "oddball" requests, he said. Hutchens recommended the city define fences so residents will know what is allowed and what is not allowed.
Council member Johnny Stowers said a council committee "plagarized" Lincoln's fence ordinance from about eight different city ordinances, picking and choosing what would work best in Lincoln.
The purpose of the ordinance is to "govern the construction, maintenance, location, size, design and aesthetic appeal of fences" in Lincoln. The ordinance also addresses traffic safety and visibility along streets at intersections.
Fences in residential zones cannot be more than six feet in height. Acceptable fence materials include wood, wrought iron, chainlink and vinyl. Razor wire, sheet metal and pallets are prohibited as fence material in residential areas.
Barbed wire is permitted in commercial and agricultural zones but cannot be placed within five meet of a public sidewalk or right-of-way. Electric fences are permitted in agricultural zones and may not be placed within five meet of a public sidewalk or right-of-way. An exception is low power electric fences to keep pets in the yard.
Fences are required to have at least one three-foot gate for emergency situations. For front yards, the fence cannot extend beyond the front building line on any lot. For corner lots, fences cannot extend beyond the street-side building line.
Residents are required to maintain their fences. Missing boards must be replaced in a timely manner with material of the same type and quality.
In addition, when erecting a fence, the finished surface must face outward to be viewed from the public right-of-way.
Opaque fences, eight to 12 feet tall, are required to hide outdoor storage of salvage and/or wrecking operations.
The ordinance allows residents to petition Lincoln Planning Commission for a variance. If the Planning Commission turns down the request, this can be appealed to Lincoln City Council.
The penalty for violating the ordinance is a fine of not less than $25 or more than $100 for each day of violation.
General News on 09/28/2016