Kiel council approves ordinance to let adjacent owners place fences on property line near uninhabitable land

KIEL — The Kiel City Council approved Ordinance 6-21 on a 3–1 vote to amend Chapter 14 of the city building code so property owners bordering land designated “uninhabitable” may place fences on the property line when the owner has no inhabitable land behind the lot.

Council members said the change addresses a specific setback problem that left some owners unable to build a fence where their lot abuts restricted land. City staff said the amendment inserts language clarifying that examples of “uninhabitable land” include two‑foot setback constrictions and allows fencing on the lot line in those limited cases.

Supporters told the council the change fixes an internal contradiction in the code that previously made an appeal process impractical for these properties. During debate, one council member said they disliked revising ordinances to address single situations; staff replied that ordinances are meant to be updated as issues arise and that the change could help future similar cases. Council discussion noted the property in the example borders Department of Natural Resources (DNR) land near the end of Eighth Street and that the property owner had worked with DNR on vegetation removal and plantings in that area.

The motion to adopt Ordinance 6-21 was made by Alderman Schutte and seconded by Alderman Broeker. The motion passed 3–1. Council members directed staff to include the ordinance wording (in red in the meeting packet) in the code update and to continue a broader review of code sections identified for revision.

The ordinance amendment affects property owners whose rear lot lines abut land the city or state designates as uninhabitable; it applies only where the ordinance language’s conditions are met. Staff said the change bridges a prior code contradiction that prevented a clear appeal route for affected owners.