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In any Commercial District only ornamental fences or wrought iron fences as defined in this chapter shall be erected between the street line and the building setback line. No fence in a Commercial District shall exceed a height of eight feet. Fences proposed on a site in any Commercial District shall be reviewed by the Zoning Inspector and approved if he determines that the proposal is consistent with any previously approved plan, is compatible with the current site development if there is no approved plan; and will have a minimum adverse impact on the surrounding area. (Ord. 97-6257. Passed 4-22-97.)
In any Industrial District no fence shall be erected between the street line and the building setback line. No fence in an Industrial District shall exceed a height of ten feet. Fences proposed on a site in any Industrial District shall be reviewed by the Zoning Inspector and approved if he determines that the proposal is consistent with any previously approved plan, is compatible with the current site development if there is no approved plan; and will have a minimum adverse impact on the surrounding area.
(Ord. 93-6004. Passed 2-9-93.)
(a) No privacy fences shall be permitted within twenty feet in any direction from a point where a driveway intersects with a sidewalk, or a front property line if there is no sidewalk.
(b) No barbed wire fence shall be constructed, erected or maintained in any district except when being used as part of a security fence in a Commercial or Industrial District, provided that it is a minimum of seven feet above natural grade.
(c) No electrically-charged fence shall be constructed, erected or maintained in any district.
(d) All fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any ground between the fence and property line shall be well maintained.
(e) No chain link or mesh wire fence shall be constructed in any residential district unless the unfinished and sharp edges on the fence are pointing toward the ground. The top edges of all metal fences constructed, erected or maintained in any residential district shall be of a smooth finish with no protruding sharp edges.
(f) In order for a fence to be constructed adjacent to, or in proximity with a property line, the property owner proposing the fence shall:
(1) Construct the fence of maintenance-free materials as determined by the Zoning Inspector.
(2) Construct the fence so it can be easily dismantled from its owner's side for the purpose of maintaining it entirely within the owner's property; or
(3) Enter into a written agreement with the neighboring property owner stating that the owner of the fence has free access to the neighboring property for the purpose of maintaining the fence and land beneath. A copy of this agreement must be submitted with the application for a fence permit.
If at least one of these conditions is not met, the fence shall be placed a minimum of three feet from the neighboring property line.
(g) At all street intersections, the intersections of private driveways and public rights of way, and the intersections of two private driveways, and twenty feet in any direction therefrom, there shall be no fence or dense vegetation above a height of three feet above the grade which would impede the clear vision between vehicles and pedestrians at such intersections.
(h) All fences on a parcel shall have a unified style along a single plane and for all fence segments visible, from off the premises, from any single direction.
(i) All swimming pools shall be fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Such fences must be a minimum of five feet in height; all openings, doorways and entrances into the pool area shall be equipped with gates of equal height with the fence, which gates shall be provided with latches and locks.
(Ord. 93-6004. Passed 2-9-63.)
No shrubbery or hedge shall be planted beyond the property lines. It shall be the duty of the owner or occupant of realty on which there is shrubbery or hedges so located as to affect the vision of drivers on the public streets, to keep the same trimmed to a maximum of three feet in order to avoid creating traffic hazards. Where this is not done within ten days after notice by the Zoning Inspector, it shall lawful for the employees of the City to enter upon such property and trim the shrubbery or hedge at the expense of the property owner. Any shrub or hedge found to be located upon public property may be removed by the City at any time.
(Ord. 93-6004. Passed 2-9-93.)
(a) Permit. No fence shall be constructed, altered or reconstructed without a permit from the Zoning Inspector after an application for same has been approved. The fee for a fence permit shall be ten dollars ($10.00). No permit or fee shall be required for repairs or maintenance of a fence.
(b) Inspection. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the City, and such fence does not encroach upon another lot or parcel of land. The City 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 the issuance of the permit by the City shall not be construed to mean the City has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein.
(c) Approval Forms. The Zoning Inspector shall provide suitable forms which a property owner shall use when securing approval of an abutting property owner for erection of a fence pursuant to these regulations.
(d) Appeals.
(1) On appeal from a decision of the Zoning Inspector, the Board of Zoning Appeals may permit variances from these regulations in cases where exceptional physical conditions exist or the established regulations or standards of this section are inappropriate or inapplicable, and the requested variances will not adversely affect adjoining property.
(2) Failure to follow the above course of appeal shall cause dismissal of appellant's case.
(e) Penalty. Whoever violates any provision of this section, and upon conviction thereof, shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.
(Ord. 93-6004. Passed 2-9-93.)