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(A) Purpose. The purpose of this section is to regulate the placement and/or construction of structures on non-conforming lots so as to maintain the architectural integrity of the city and its neighborhoods, as well as to ensure that public safety personnel can easily locate building entrances in emergency situations.
(B) Definition. For purposes of this section, NON-CONFORMING means that the lot does not meet either the total square footage or the required lot width per Ch. 155 of this code of ordinances.
(C) Procedure. The following procedure shall be followed when placing and/or constructing a structure on a non-conforming lot.
(1) The city’s Building Official will notify the City Planner or, in the absence of the City Planner, the City Clerk-Administrator, that there is a building permit application on a non-conforming lot.
(2) The City Planner will review the site plan for conformance with the city’s setback requirements.
(3) All building plans must maintain the architectural integrity of the neighborhood by mandating that the part of the structure facing the street must have an entrance door and at least one window. On corner lots, the entrance door and window(s) must face the street from which the parcel’s address is derived.
(4) The city’s Building Official will not issue a building permit unless the plan meets the aforementioned provisions.
(D) Relief. Relief from the structural requirements of this section may be met by applying for a non-conforming structure permit. The fee for processing the permit shall be equal to the fee set by the City Council for a variance under § 155.068 of this code of ordinances. Notice will be sent to all property owners within 350 feet of the outside dimensions of the lot. The hearing will be before the City Council, with four-fifths of all Council members, whether present, absent or abstaining, required for approval. Relief from the setback requirements of this section may be granted according to the procedure outlined in § 155.068 of this code of ordinances.
(Prior Code, § 150.02) (Ord. 605, passed 12-7-2000; Ord. 633, passed 9-6-2005) Penalty, see § 150.99
FENCES
It is in the best interest of all city residents to ensure attractive and safe neighborhoods. Fence regulations help preserve the aesthetic quality of the city’s neighborhoods while protecting the health, safety and welfare of all residents.
(Prior Code, § 156.01) (Ord. 10-2007, passed 10-2-2007)
(B) If the term is not defined in the subdivision or zoning regulations, the common meaning of the term, as stated in a generally accepted dictionary, shall be used.
(C) For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BUILDING CODE. The current building code adopted and enforced by the city.
CLEAR-VIEW TRIANGLE (CVT). The area 30 feet from the intersection of a roadway, as measured along the curb line, or edge of pavement or drive lane for uncurbed areas, on both intersecting roadways. These points shall be connected by a straight line to complete the CLEAR-VIEW TRIANGLE area. See § 150.27 of this chapter for an example.
FENCE. A structure serving as an enclosure, barrier or boundary, usually made of posts, boards, chain link or rails, with a height of at least 18 inches.
FINISHED SIDE. The side of a fence that covers the posts and support structures.
FRONT YARD. The setback area required by the zoning ordinance for the zoning district in which the property is located, or the area between the property line and the principal structure on a parcel, whichever is less. A corner property has FRONT YARD areas along both street frontages.
HEIGHT. The vertical distance from the adjacent grade to the highest portion of a fence.
REAR YARD. The area of a parcel from the required front yard area or front of a structure to the back property boundary.
RIGHT-OF-WAY (ROW). Land dedicated to the public for public use as streets, utility areas, sidewalks, alleys or pedestrian ways.
SIDE YARD. The area between structures on a parcel and the side property lines as required by Ch. 155 of this code of ordinances.
(Prior Code, § 156.02) (Ord. 10-2007, passed 10-2-2007)
(A) (1) All fences shall be constructed in a workman-like manner, and of generally accepted fencing materials such as wood, chain link, brick, stone and wrought iron.
(2) Other material that is generally acceptable for fencing shall be considered as well.
(B) No fence shall constitute a blighting influence, nuisance or hazard.
(C) Barbed wire shall not be permitted in a residential zoning district, and shall be a minimum of six feet high on security fencing in commercial and industrial areas.
(D) Chain link fences must be constructed so as to have the barbed end at the bottom of the fence.
(Prior Code, § 156.03) (Ord. 10-2007, passed 10-2-2007)
(A) Residential uses in residential zoning districts shall be permitted fencing as follows.
(1) Front yard. Fencing shall not exceed four feet in height or interfere with any CVT area, as described in this chapter.
(2) Side yard. Fencing shall not exceed six feet in height in any side yard area.
(3) Rear yard. Fencing shall not exceed six feet in height in any rear yard areas.
(B) No fence that obstructs view of an intersection or creates a visual safety hazard shall be permitted.
(1) A CVT shall be required at all intersections.
(2) No fencing shall be permitted in the CVT area.
(Prior Code, § 156.04) (Ord. 10-2007, passed 10-2-2007) Penalty, see § 150.99
(A) All fencing shall meet the requirements of the Building Code.
(B) No fence that obstructs view of an intersection or creates a visual safety hazard shall be permitted.
(1) A CVT shall be required at all intersections.
(2) No fencing shall be permitted in the CVT area.
(Prior Code, § 156.05) (Ord. 10-2007, passed 10-2-2007) Penalty, see § 150.99
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