Quick Reference Information about Building in Fowler

The following information will answer some of the most common questions regarding building within the Town of Fowler.  You may view a full copy of our Zoning Code Ordinance, 2009-9 adopted July 20, 2009, at Town Hall. The below is an excerpt from said ordinance and in no way reflects ALL rules that may apply to your building project. 

152.057 SETBACK AND YARDS.
No building shall be located or structurally altered upon the lot dedicated to residential use under this chapter except in accordance to the following requirements:

(A) On an interior lot, the same being defined as any lot which is not a corner lot, each principal building shall have a front yard of at least 25 feet, a rear yard of at least 15 feet and a side yard on each side of the building of at least 5 feet; provided, however, that when a lot is situated in a block where 30% or more of the total frontage of all interior lots along that side of the street in such block is already improved by the erection of principal buildings thereon, yards shall be established by those already improved.

(B) Any building on a corner lot, which building faces in the same directions as adjacent interior lots, shall maintain on all sides the yard requirements for interior lots.

©) Any building on a corner lot which faces a street which is not the front line of the adjoining interior lot shall maintain a front yard setback from the easement of at least 5 feet, a rear yard of 5 feet and side yards of at least 25 feet on one side and 15 feet on the other.

(D) All accessory buildings shall be located in the rear yard only and no accessory building shall be erected or altered nearer than 15 feet of any rear line and 5 feet of any side line.

(E) An attached or detached private garage; an attached or detached carport, shelter or driveway canopy; a patio, veranda, deck, piazza or other similar construction; an open, enclosed or covered porch of more than 15 square feet; or any other installation, which is not expressly allowed, shall not be permitted, located, erected or altered within 15 feet of any rear line and 5 feet of any side line.

(F) Steps, porches not exceeding 15 square feet including any covering or enclosure thereof, walks and driveways, yard lights, necessary public utility facilities, underground sanitary and water installations, fences, landscaping, trees, plant and vegetation, and any other appurtenances, not expressly prohibited, which are indispensable for the use and enjoyment of the premises, shall be permitted in the front and side yards established and required by this chapter.

(G) For the purpose of setback, a side yard shall be construed to run the full length of the lot line.  Except for lawful uses, the established and required yards shall be open from the established grade (or the natural grade if higher) to the sky. Side and rear yards shall be deemed to extend to the center of alleys which may abut the side or rear lines of the lot.

(H) On a lot included in a land subdivision on record at the time of enactment of this chapter which shows building lines along the frontage in which such lot is included for the purpose of creating front yards greater than the requirements of this chapter, such subdivision plat shall apply in preference to the front yard established by this chapter.

152.133 FENCES, TREES AND SHRUBS.
(A) Wire fences. All wire fences shall be of smooth wire, except that a business, industrial or public grounds fence may have at its top a guard wire or wires of barbed or pointed or rough wire.

(B) Height of fences. No fence or wall whether for ornamental, barrier or line purposes and whether constructed or grown shall not exceed 48 inches in height is made of wire or 72 inches in height if made of solid material on a residential lot nor more than seven feet in height on a business or light industrial lot, but this provision shall not apply to walls used for lateral support nor to fences on or around public ground.

(C) Maintenance of fences. All walls and other constructed fences shall be constructed and maintained plumb to within a variable of 2 inch for each foot of heights. All growing fences shall be kept trimmed so that there is no overhang into any adjoining property, street or alley. No advertising sign shall be attached to or painted upon any fence or wall.

(D) Storage yard fences. Whenever in a General Business District or Light Industrial District a lot or portion of a lot in excess of a total 400 square feet is used for the authorized storage, sale or display of materials, supplies, equipment or other articles outside of the principal building, the entire area so used shall be enclosed by a wall or fence of not less than six feet in height, but this requirement shall not relate to lots or portions thereof used for the parking of automobiles for sale, or greenhouses, nurseries or yards in which plant or shrubbery are cultivated, grown or displayed.

(E) Fence in Local Business District. No fence or wall in a Local Business District shall extend into the required front yard.

(F) Parkways. The care and use of the parkway area between the street lot line and the traveled portion of the street shall be vested in the owner or occupant of the lot adjoining so long as such parkway is not required for public purposes. Such parkways shall be kept free and clear of fences, barriers, obstructions, signs or other installations excepting:

152.141 OBSTRUCTIONS.
(A) Obstructions to vision. No fence, wall, sign, shrubbery or other matter shall be permitted, constructed, allowed or maintained upon any lot or in any parkway which obstructs or will obstruct vision from one street to an intersecting street at an approach of 30 feet to the nearest intersecting street line, but this shall not prohibit construction which is otherwise authorized.

(B) Removal of existing obstructions. Any sign or support for a sign existing in the parkway between the street lot line and the traveled portion of the street and any other unauthorized obstruction shall be removed and eliminated or relocated within six months from the effective date of this chapter.