1788ORDINANCE NO. 1788 (#17 - 2025)
AN ORDINANCE REGULATING THE INSTALLATION AND MAINTENANCE OF
FENCING WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, CREATING
JACKSONVILLE MUNICIPAL CODES 8.05.011, 8.05.035-08.05.050; AND AMENDING
JACKSONVILLE MUNICIPAL CODES 8.05.011, 8.05.020, 8.05.030, AND 18.32.140 AND,
FOR OTHER PURPOSES.
WHEREAS, the City Council of Jacksonville, Arkansas, has determined that regulations
concerning the installation and maintenance of fencing are necessary to protect the public health,
safety, and welfare of the citizens; and,
WHEREAS, appropriate fencing standards are needed to ensure adequate emergency vehicle
access, preserve neighborhood aesthetics, and protect property values throughout the City; and,
WHEREAS, the City Council finds it in the best interests of the citizens of Jacksonville to
adopt regulations concerning residential and commercial fencing, including permitting requirements
and restrictions on certain fencing materials and designs.
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: JMC § 8.05.010 Purpose — shall be amended to read as follows:
This Fencing Code is designed to set standards for materials, construction, & permitting for
fencing in residential areas that are not otherwise specified in the Jacksonville Municipal
Code.
SECTION TWO: JMC § 8.05.011 Definitions — shall be created to read as follows:
For purposes of this Ordinance, the following definitions apply:
A. "Fence(s)" means A border or boundary item constructed of approved materials such
as masonry (brick, stone, etc.), wood, iron (decorative fencing material only), metal
(chain link), PVC, or a combination thereof used upon private and public property to
border and/or enclose a particular arealboundary. Unacceptable materials include, but
are not limited to, corrugated metal/tin, fiberglass panels, or other such materials not
commonly used by the fencing industry to enclose such areas.
B. "Decorative Fencing" means fencing constructed primarily for ornamental purposes,
not intended for containment, security, or privacy.
C. "Engineering & Public Works Department" means the City of Jacksonville's
Department of Public Works, Engineering Department or its designated
representative.
D. "Front Yard" means the area of a lot from the front building line to the street right-of-
way. For corner lots, this shall be determined based on the direction the house is
facing.
E. "Residential Property" means any property zoned for residential use.
ORDINANCE NO. 1788 (#17 - 2025)
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F. "Non -Residential" means any property zoned for commercial, industrial, or for any
use other than residential.
SECTION THREE: JMC § 8.05,020 Permitting- shall be amended to read as follows:
A Permit shall be required from the Engineering & Public Works Department before
constructing or modifying any fence on residential property. Applicant must provide a copy
of the plans & specifications for the proposed fence enclosure area including location, height,
and materials to be used on a map of sufficient size & scale to accurately review the scope of
the project. The permit fee for a fence shall be $10.00 unless the fence review is part of a
building permit application in which case the fee is included in the fee for the building permit.
SECTION FOUR: JMC § 8.05.030 Materials - shall be amended to read as follows:
Acceptable fence materials in a residential area are masonry (brick, stone, etc.), wood, iron
(decorative fencing material only), metal (chain link), PVC, or a combination thereof.
Unacceptable materials include corrugated metal/tin, fiberglass panels, barbed wire, chicken
wire, razor wire, broken glass or other such materials not commonly used by the fencing
industry to enclose such areas.
SECTION FIVE: JMC § 8.05.035 Exemptions – shall be created to read as follows:
1. When located in residential or non-residential districts on sites enclosing a municipal,
institutional, or government use or purposes;
2. When use will be on sites larger than One (1) acre used for agricultural or livestock
purposes; or
3. Upon approval of the Board of Adjustments based on proof of a special need for
safety, security purposes, or financial hardship, but only when provided that such
barbed wire, razor wire, or other sharp pointed material is securely affixed to the top
of a soundly constructed lawful fence or structural barrier no less than Six (6) feet in
height.
SECTION SIX: JMC § 8.05.040 Height – shall be created to read as follows:
The maximum fence heights for residential areas shall be as follows:
Up to a 6 ft (72 inch) tall fence may be installed along the rear property line & side property
lines to a point no more forward than the front building line. Where permitted, fences placed
in the front yard must be no more than 4 ft (48 inch) tall and must be see-through (such as
iron pickets or chain link).
SECTION SEVEN: JMC § 8.05.045—Exceptions – shall be created to read as follows:
Single-family residential lots 1.0 acres and larger with the structure placed 35 ft or more from
the front property line may install a full 6 ft (72 inch) opaque fence in the front yard were
permitted by 8.05.050.
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SECTION EIGHT: JMC § 8.05.050—Location – shall be created to read as follows:
A. Fences may not be installed within the street Right -of -Way.
B. Fences placed over and across public utility easements must make provisions for
access (gates) across the full width of the easement and should not interfere with any
existing or potential use of the easement. Fences placed over public utility easements
without proper access may be removed by the city or any utility using the easement
without providing compensation to the owner.
C. Fences must not block access to water, gas, electrical, or other service meter. This
regulation is not intended to prohibit additional restrictions that may be imposed
through Bills of Assurance, Covenants & Restrictions, or Utility Service Agreements
that may have specific requirements regarding placing of gates or fences.
D. When fencing is not placed immediately adjacent to a boundary line, it shall be
adequately spaced from the boundary to allow for proper maintenance of the property
lying outside of the fence enclosure without encroaching on the adjoining property.
E. Driveways used as the primary access to the property may not be fenced or gated.
F. Secondary driveways may be gated; however, if the secondary driveway adjoins a
collector or arterial street, the gate must be placed back a sufficient distance from the
street to allow a vehicle and attached appurtenances to fully exit the roadway without
having to engage the gate.
G. Fencing shall be installed in such a manner as to not impede the natural flow of water.
H. Fence placement must allow adequate space for the regular collection of garbage bins,
yard waste, or bulky items by the Sanitation Department.
I. Fence placement shall provide vision clearance at street corners in accordance with
18.04.100.
SECTION NINE: JMC § 18.32.140—Location of Accessory Buildings – fencing requirements
shall be removed and this section shall be amended to read as follows:
No accessory building shall be located on any required front or side yard, or within Five feet
(5') of any lotline that is not a street line.
APPROVED AND ADOPTED THIS 22ND DAY OF MAY, 2025.
CITY OF JACKSONVILLE, ARKANSAS
FF ELMORE, MAYOR
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ATTEST:
SUSAN DAVI T, CITY CLERK
APPROVED AS TO FORM:
STE E FRIEDMAN. CITY ATTORNEY