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Fencing

ORDINANCE #612-25 REGULATION OF FENCES

AN ORDINANCE OF THE CITY OF SCRIBNER, DODGE COUNTY, NEBRASKA, AMENDING ORDINANCE 509-09, SECTION 5-112, REGULATION OF FENCES, WALLS & HEDGES IN THE RESIDENTIAL DISTRICTS OF THE CITY OF SCRIBNER; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED: BY THE MAYOR AND COUNCIL OF THE CITY OF SCRIBNER, NEBRASKA, AS FOLLOWS:

SECTION 1. That Ordinance 509-09, Section 5-112, be amended as follows:

Section 5-112 REGULATION OF FENCES, WALLS & HEDGES IN THE RESIDENTIAL DISTRICTS OF THE CITY OF SCRIBNER.

  1. Generally. The requirements of this section apply to fences, walls, and hedges in the residential districts of the City of Scribner as set forth in the official Zoning District map.
  2. Application. This section applies to all fences, walls and hedges with a height of thirty (30) inches or more, above finished grade.
  3. Permit Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, relocate or demolish a fence or wall shall first make application to the City Building Inspector and obtain the required permit. The fee for such permit shall be the same as provided in the Uniform Building Code Ordinance of said city and shall be paid to the City at the time the permit is issued.
  4. Height. The maximum height of a fence, wall or hedge within a required front yard or street side yard setback shall be thirty-six (36) inches, however, a forty-two (42) inch chain link fence or equivalent providing clear vision upon which no vegetation will be permitted to grow is permissible under this section. The maximum height of any fence, wall or hedge outside of a required front or street side yard shall be six feet. Fence height shall also be in compliance with the vision clearance zone below:
    1. Exceptions: Except on corner lots, a fence, wall or hedge shall not exceed three (3) feet in height, thirty (30) feet each way from the corner of a lot where two (2) streets intersect; fifteen (15) feet each way from the corner of a lot where an alley and/or driveway and a street intersect; or a driveway and alley intersect; provided, however, a forty-two inch (42”) chain link fence or equivalent providing clear vision upon which no vegetation will be permitted to grow is permissible under this section.
  5. Openness. Fences located in a required front yard or street yard setback shall not exceed more than 50-percent opacity. All other fences, walls or hedges built on residential property outside of required front or street side yards may exceed fifty (50) percent opacity.
  6. Materials.
    1. Allowed Materials. Materials used for fences and walls shall be durable, and of a character commonly used in residential applications, including:
      1. Weather-resistant or pre-finished (painted or stained and sealed) wood;
      1. Ornamental wrought iron or powder-coated aluminum, except on fences / walls that are used for screening purposes;
      1. Masonry (brick, stucco finished concrete, split face concrete masonry units, or stone), but not unfinished concrete block;
      1. Chain link;
    1. Barbed wire is only permitted in Residential Rural Districts outside the city limits where enclosing lots or tracts used exclusively for crop production or animal husbandry.
  7. Fence / Wall Orientation and Maintenance.
    1. Orientation. It is strongly encouraged that all fence runs be finished and identical on both sides of the fence. In the event the fence is not finished and identical on both sides of the fence, the finished side shall face outward toward neighboring properties or adjacent rights-of-way.
    1. Maintenance. Fences and walls shall be maintained in an upright position, not more than five (5) degrees from vertical orientation, and in good condition (e.g., free of rust, peeling paint or coatings, missing or broken pickets, wood rot or graffiti).
  8. Protective Fences around Swimming Pools. An outdoor swimming pools, including an in-ground, above-ground or on-ground pool, hot tub, or spa, in all zoning districts shall be surrounded by a barrier in accordance with the most recently adopted version of the building code, and any local amendments thereto.
  9. Local Restriction and Drainage.
    1. No fence or wall shall be built on any lot or tract outside the surveyed lot lines.
    1. No fence or wall shall be built which obstructs the flow of water in natural drainage courses or drainageways created within easements.

SECTION 2. That all ordinance or parts of ordinances in conflict herewith be the same and are hereby repealed.

SECTION 3. That this ordinance shall be effective from and after its passage, approval and publication as required by law.

            Dated this 28th day of July, 2025.

ORDINANCE #596-22 FENCING MATERIALS

AN ORDINANCE OF THE CITY OF SCRIBNER, DODGE COUNTY, NEBRASKA DESIGNATING THE TYPE OF MATERIALS APPROVED FOR THE CONSTRUCTION OF FENCES LOCATED IN RESIDENTIAL AND COMMERCIAL DISTRICTS IN THE CITY; DETERMINING THAT METAL OR USED WOOD FENCES CONSTITUTE A NUISANCE; REPEALING ALL CONFLICTING ORDINANCES OR PARTS OF ORDINANCES AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SCRIBNER, DODGE COUNTY NEBRASKA, AS FOLLOWS:

SECTION 1:  That from and after the effective date herein all fences constructed in the corporate limits of the city shall be constructed of wood, chain-link fence material, PVC/Resin material or stone or masonry material, including pre-manufactured sections of panelized fencing kits.  Wood fences shall utilize new building lumber only. 

SECTION 2:  Solid metal and used wood are specifically prohibited in fence construction.  Any such solid metal or used wood fences now constructed and maintained are determined a nuisance and shall be removed within 30 days of the passage of this Ordinance.

SECTION 3:  Good/finished side shall be facing out.

SECTION 4:  All ordinances or parts of ordinances in conflict herewith be and the same hereby are repealed.

SECTION 5:  This ordinance shall be effective from and after it’s passage, approval and publication as provide by law.

Dated this 29th day of August, 2022.