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§ 150.50 DEFINITIONS.
   For the purposes of this subchapter, the following terms shall have the following meanings:
   "DECORATIVE FENCE." Any fence constructed of boards or similar material no greater than three inches in width, with the spacing between those boards or pieces of material being no less than three inches. This term shall also include wire and chain-link fencing that do not contain privacy slats.
   "FENCE." Any above-grade construction and/or growing vegetation that constitutes a material barrier to ingress and egress, marks a boundary, or encloses or screens land.
   "PRIVACY FENCE." Any fence constructed of boards or similar material, with the spacing between those boards or pieces of material being less than three inches.
(Ord. 19-C-14, passed 7-29-14)
§ 150.51 APPLICATION FOR FENCE PERMITS.
   (A)   A fence permit shall be required for the installation of a new fence, replacement or modification in the height or type of an existing fence, or any identical repair to an existing fence or part thereof.
   (B)   Repairs exceeding 50% of the continuous overall linear footage of fencing calculated cumulatively after January 1, 2016 shall comply with the provisions in § 150.52.
   (C)   All applications for fence permits shall be filed with the Department, on forms provided by the Department, with one set of plans and specifications showing and describing the work to be done. The plans and specifications shall include all items necessary for the Department to determine compliance of the proposed work with applicable land use and building regulations, including:
      (1)   A site plan of the property upon which the fence shall be constructed, placed, reconstructed, erected, moved or altered, showing all property lines; the location of all buildings and structures; streets, alleys, and other rights-of-way; the location and size of the proposed fence; recorded easements; utility and telephone lines (both overhead or underground); legal drains or open ditches; and
      (2)   Any additional information deemed necessary to review the application.
   (D)   The fee for a fence permit shall be $5.
   (E)   Should any work which requires a permit commence prior to the permit being issued, a penalty of twice the regular permit fee shall be assessed. Violations of this section are in addition to other remedies and penalties herein provided.
   (F)   Upon the installation of the fence authorized by a valid fence permit, the permitee shall notify the Department and schedule a final inspection.
   (G)   If the work described in the fence permit has not been fully completed within two years from the date of issuance, the permit shall expire. Further work shall not proceed unless a new permit is obtained.
(Ord. 19-C-14, passed 7-29-14; Am. Ord. 10-C-16, passed 5-31-16)
§ 150.52 STANDARDS OF INSTALLATION.
   All installations of fencing shall be in strict conformity with the following:
   (A)   Be located entirely within the property lines of the subject property. Where a fence has been jointly erected by more than one property owner, and is proposed to continue across property lines, a post shall be set on the property line;
   (B)   Not have any attachments visible from off of the subject property, excepting to reasonably address a valid safety concern;
   (C)   Not be electrically charged or have spikes, razor wire, or similarly dangerous components. Without limiting or otherwise affecting the generality of the foregoing, barbed wire fencing is allowed only on property zoned agricultural or industrial;
   (D)   No fence shall be installed within a recorded easement without written approval from the easement holder(s).
   (E)   All fences shall be set back a minimum of two feet from the closest right-of-way boundary of an alley;
   (F)   On a corner lot, no fence shall be placed in such a manner as to impede vision from a right-of-way intersection;
   (G)   No privacy fence exceeding three feet in height shall be permitted within a radius of seven feet from the intersection of any rights-of-way;
   (H)   No privacy fence shall be placed in the required front yard zoning setback, as specified in Chapter 158, with a height greater than three feet measured from grade, unless the fence is in line with the leading edge of the foundation of a legally established primary or accessory structure;
   (I)   No decorative fence shall be placed in the required front yard zoning setback, as specified in Chapter 158, with a height greater than four feet measured from grade, unless the fence is in line with the leading edge of the foundation of a legally established primary or accessory structure;
   (J)   Subject to the provisions contained herein, fences are permitted in the required site and rear yard setbacks as specified in Chapter 158, up to the following heights:
      (1)   Eight feet above grade for properties within industrial zoning districts;
      (2)   Seven feet above grade for properties of all other zoning districts.
(Ord. 19-C-14, passed 7-29-14; Am. Ord. 5-C-15, passed 6-9-15; Am. Ord. 10-C-16, passed 5-31-16)
§ 150.53 DISPUTES CONCERNING BOUNDARIES.
   Any civil dispute concerning legal property boundaries shall be resolved at the expense of the property owners. The city shall not be responsible for determining or establishing legal lot lines.
(Ord. 19-C-14, passed 7-29-14)
DEMOLITION OF STRUCTURES
§ 150.60 DEFINITIONS.
   For the purposes of this subchapter, the following terms shall have the following meanings.
   "APPLICANT." Any individual, company, corporation or other entity that wishes to demolish an entire structure within the city.
   "BUILDING COMMISSIONER." The individual, or his or her designee, as defined by § 150.03.
   "DEMOLITION." Includes any activity intended to disassemble, dismantle, dismember or raze the exterior of any structure. "DEMOLITION" shall not be construed to prevent or hinder the ordinary maintenance and repair of any exterior architectural feature that does not involve a change in its appearance or design, nor to prevent the necessary alterations required in the interest of public safety to remedy an unsafe or dangerous condition.
   "DEPARTMENT." The Community Development and Redevelopment Department.
   "FENCE." An artificially constructed barrier that is at least four feet in height, of any material or combination of materials, and erected to enclose, screen or separate areas.
   "HISTORIC STRUCTURE." Any structure located at an address designated as a local single historic site or within a locally designated historic district as regulated by Chapter 153.
   "PERMIT." A written document provided by the Department, which evidences permission being granted to demolish a structure after compliance with all application and permit requirements. All permits issued shall be in the form adopted by the Department for that purpose.
   "STRUCTURE." A primary or accessory building on a permanent foundation, with a footprint greater than 200 square feet in size, unless otherwise deemed by the Department not to meet the aforementioned criteria.
(Ord. 7-C-09, passed 4-28-09; Am. Ord. 19-C-14, passed 7-29-14)
§ 150.61 PERMIT REQUIRED; FORM; APPLICATION; FEE.
   (A)   Permit required. No person shall demolish any structure without first obtaining a permit from the Department.
   (B)   Form. The application and the permit shall be in a form adopted by the Department.
   (C)   Application and permit fee.
      (1)   Unless otherwise exempt under § 150.66, each applicant shall pay a permit fee in the amount of:
         (a)   Five cents per square foot of the structure to be demolished with respect to residential structures; and
         (b)   Three cents per square foot of the structure to be demolished with respect to commercial or industrial structures.
      (2)   The permit fee shall be payable upon submission of an application to the Department.
      (3)   Provided, however, that in no event shall the fee exceed $500 for residential structures or $300 for commercial structures.
(Ord. 7-C-09, passed 4-28-09)
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