10-13-1: PERMIT TO ERECT; COMPLIANCE REQUIRED:

   A.   Requirements: No fence shall be erected in the City unless a permit is obtained in advance and unless such fence is erected in compliance with the provisions of this chapter ninety (90) days after such permit is issued. An accurate sketch showing the proposed location of the fence on the premises shall be furnished to the Department of Community and Economic Development at the time application is made for the permit to erect a fence. No fence permit shall be required for the installation of no more than two (2) sections of fencing used for decorative or landscape purposes only with a maximum height not to exceed forty two inches (42").

   B.   Fees: Fees for residential and nonresidential fences shall be as established in section 10-1-4 of this title.

   C.   Relief From Restrictions -- Nonresidential: Applications for nonresidential fence permits that require relief from restrictions shall be filed with the Zoning Administrator. Upon the Zoning Administrator’s determination that the application is complete, according to applicable requirements and City policies, the Zoning Administrator prepare a report and schedule the item for consideration by City Council. The City Council shall take action in the form of approval, approval with conditions, or denial.

   D.   Relief From Restrictions -- Residential: Applications for residential fence permits that require relief from restricts may be reviewed and approved administratively. The Zoning Administrator will review and approve administrative variations for residential fence permits that meet the following standards:

      1.   A complete application has been filed with the Zoning Administrator;

      2.   A notice has been delivered via certified mail, return receipt requested, to adjacent property owners that are abutting or across a public right-of-way; and

      3.   a.   No written objections have been received. If any noticed property owner files a written objection to the administrative variation within fifteen (15) calendar days of receipt of such notice or if the Zoning Administrator believes approval of the request would create an adverse condition, the administrative variation shall be denied.

         b.   If denied, the property owner may appeal the decision to be considered by the City Council. Other procedures and requirements shall be as provided for in section 10-13-1C1 and 10-13-1C2.

(1987 Code § 7-141; amd. Ord. 20-32, 8-17-2020; Ord. 22-47, 8-15-2022)