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Any fences which may be permitted shall require the issuance of a Certificate of Zoning Plan Approval after the same has been approved.
(A) Upon permit application, each property owner shall provide the following:
(1) Name and address of the owner of the lot for which the permit is requested.
(2) Name and address of the person, firm or corporation that will carry out the actual installation.
(3) An overall plot plan including the shape and dimensions of the lot together with the location, material, height and location of all proposed and existing fences, potential visibility conflicts and the drainage flow across the lot. Section and elevation views of the proposed fence detailing its construction and method of fixture to the ground should also be submitted.
(B) The Zoning Administrator or designee may waive this requirement when the fence location is such that encroachment is not in question. Upon obtaining a building permit and constructing the fence, the property owner shall ascertain that the fence thus constructed does not deviate from the plans as approved by the Zoning Administrator or designee issuing permits and does not encroach upon another lot or parcel of land. The municipality shall furnish such inspection, as is deemed necessary, to determine that the fence is constructed in accordance with plans submitted for permit, provided however, that such determination by the municipality shall not be construed to mean the municipality has verified the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him or her herein.
(Ord. 75-98, passed 3-20-00; Am. Ord. 28-09, passed 6-15-09)
(A) Permitted fences, walls or structures shall be maintained in good condition, be structurally sound and completely finished at all times. Any grounds between such fences, walls or structures and property lines shall be well maintained at all times by the appropriate property owner. Supporting members for walls and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall.
(B) Normal repairs and maintenance. None of the provisions of this Code shall be interpreted to prevent normal repairs and maintenance or to strengthen or correct any unsafe condition of any fence.
(C) Nonconforming materials. Except that any maintenance that replaces more than 10% of the surface area of an existing fence, which has nonconforming materials, within a 12 month period shall require reconstruction of the entire fence with a material permitted by this subchapter.
(Ord. 75-98, passed 3-20-00; Am. Ord. 28-09, passed 6-15-09; Am. Ord. 66-12, passed 11-5-12)
(A) Fences shall be designed, erected, altered, reconstructed, moved, anchored, positioned and maintained, in whole or in part, strictly in accordance with the provisions of this subchapter and building code provisions applicable to fences.
(B) If these standards conflict in any way with the standards in any planned development zoning text, then the most restrictive standards shall prevail. Standards in this section applicable to matters not covered in the planned development zoning text shall also apply.
(C) Notwithstanding any other provisions in this Code, in all residential districts fences erected prior to the effective date of Ord. 75-98 shall not be considered non-conforming structures and shall be permitted to be replaced in the same location and at the same or lesser height as existed on the effective date of Ord. 75-98. In addition, the replacement fence shall be of a material as provided in § 153.080(C). A Certificate of Zoning Plan Approval shall be required.
(Ord. 75-98, passed 3-20-00; Am. Ord. 28-09, passed 6-15-09)
SPECIAL PERMITS
The purpose of this section is to identify land uses which require a special permit due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services.
('80 Code, § 1184.01) (Ord. 101-90, passed 11-19-90; Am. Ord. 28-08, passed 5-19-08)
('80 Code, § 1184.02) (Ord. 101-90, passed 11-19-90; Am. Ord. 28-08, passed 5-19-08) Penalty, see § 153.999
The Board of Zoning Appeals shall have the following powers and duties in addition to those defined elsewhere in this chapter.
(A) To grant special permits for uses listed in this chapter where it is shown that the special use can be granted a permit without substantial impairment of the general purpose and intent of the zoning district in which the use is proposed to be located and without significant incompatibility with the general character of the neighborhood.
(B) To impose such requirement(s), conditions and appropriate time limitations regarding the location, character or other features of the proposed uses or structures as the Board feels necessary to carry out the intent and purpose of the zoning ordinance and to otherwise safeguard the public safety and welfare.
(C) Upon application by the Law Director, to revoke any special permit whose condition has been violated after notice and opportunity to conform have been given.
('80 Code, § 1184.03) (Ord. 101-90, passed 11-19-90)
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