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Commission recommends accessory-building code updates; opts not to require pool fencing
Summary
The Planning and Zoning Commission recommended City Council adopt amendments to the accessory building and breezeway requirements in city code, favoring the clean redline version that does not impose a mandatory pool-fencing requirement; the commission noted insurance carriers and case-by-case circumstances affect fencing requirements.
On April 3, 2025, the Waverly Planning and Zoning Commission voted 7-0 to recommend that City Council approve amendments to the city code sections governing accessory buildings and breezeways, adopting the clean redline version that does not include a mandatory requirement for pool fencing.
Staff presented two redline options: one version would require a fence of at least 5 feet around swimming pools (with language clarifying whether a yard fence would suffice) and an alternative “no-fence” (clean) version. Staff reported outreach to the Iowa Insurance Commissioner’s office and to a local brokerage, the Excel Group, which indicated there are no uniform state insurance mandates for pool fencing and that carrier requirements vary.
Commissioners debated whether pool fencing belongs in land-use code or should be left to property owners and insurers. Several commissioners noted existing variability in backyard conditions across the city — ponds, semi-permanent inflatable pools and differing fence heights — and expressed concern that a one-size-fits-all municipal fence requirement would be difficult to apply fairly and could create unintended liability questions. Staff said fence requirements would not be retroactive and that any insurance-related checks could be encouraged during the permitting process.
After discussion, a motion passed to recommend the version of the accessory-building and breezeway amendments that omits a mandatory pool-fencing requirement. Commissioners asked staff to verify potential city liability with legal counsel and insurance contacts and to return to the commission if further changes are advised before City Council action.
Votes at a glance: The motion to recommend the clean (no-fence) redline version passed by voice vote with all commissioners present voting in favor (7-0).
