(a) Special Permits. A special permit to construct and maintain a perimeter fence may only be issued to and held by a corporation:
(1) Organized and having perpetual existence under the laws of the State;
(2) Having a registered agent in the County;
(3) Having under its Articles of Incorporation the power to construct and maintain such a fence;
(4) Which owns the land or part of the land on which the fence is to be constructed or, if it does not own any or owns only a part of such land, has a clear legal right to construct and maintain the fence on the land which it does not own;
(5) Which has entered into covenants, in writing, with the owner of any land which the corporation does not own to construct and maintain the entire fence in perpetuity, which covenants shall run with the land, bind the corporation's successors and be in recordable form;
(6) Which has recorded similar covenants with respect to land which the corporation still owns; and
(7) Which has otherwise complied with the requirements for a special permit prescribed in this chapter.
(b) Applications. An application for a special permit to construct and maintain a perimeter fence may be signed only by a corporation which meets or will meet all of the requirements specified in subsection (a) hereof. The application shall allege, in addition to the matters specified in Section 1246.04, that the corporation has complied or, before the issuance of a permit will comply, in full with each of the requirements specified in subsection (a) hereof, stating the facts with respect to each requirement in such subsection. The application shall be accompanied by:
(1) A copy, certified by the Secretary of the corporation, of the Articles of Incorporation and any amendment thereto showing the dates of filing of each with the Secretary of State; and
(2) If the fence or a part thereof is to be constructed upon lands not owned by the corporation, a list of the names and addresses of the owners of such lands, together with a sample copy of the written covenants which the corporation has entered or will enter into with such owners on behalf of itself, its successors and its assigns concerning the construction and maintenance of the fence; and, with respect to the lands of which the corporation still is the record title owner, a sample copy of the written covenants which the corporation has executed and recorded, or will execute and record, whereby the corporation has bound or will bind itself, its successors and its assigns to construct and maintain the fence. The application shall also be accompanied by a filing fee in the amount specified in Section 1246.04.
(c) Bond or Cash Deposits. If the Planning Commission finds that a special permit to construct and maintain a perimeter fence should be issued, it may make the special permit, when issued, subject to reasonable conditions, and shaft, before a special permit is issued, fix the amount of a bond or cash deposit to be filed by the corporation with the Clerk-Treasurer, who shall approve such amount prior to the issuance of the special permit. The bond shall be executed by the corporation and by a corporate surety authorized to do business in the State. The bond or cash deposit shall be payable to the City to reimburse the City fox any damage the City may sustain if the corporation, its successors or its assigns fails to construct and maintain the perimeter fence, or any part thereof, fn compliance with Chapter 1268 and this chapter (including, but not limited to, reasonable expenses the City may incur in obtaining or attempting to obtain compliance by the corporation, its successors or its assigns with such chapters, whether through or without litigation). The condition of the bond shall be that the corporation, its successors and its assigns shall construct and maintain the perimeter fence in compliance with such chapters. Otherwise, the bond or cash deposit shall remain in full force and effect.
(d) Term. The permit shaft, in the sound discretion of the Commission, be for a permanent use or for a use of a term of years, and regardless shall be subject to the conditions specified in subsections (e) and (f) hereof.
(e) Revocation. If the corporation fails to construct or maintain the perimeter fence in compliance with Chapter 1268 and this chapter, the City Manager shall so notify the corporation (or as the case may be, its successors or its assigns) and the surety company in a writing mailed to each by certified mail addressed to the last known address of each. If the default is not corrected within ninety days thereafter, the Commission may, after notice to the corporation, surety company and owners of record of the land on or adjacent to which the fence or affected segment of the fence was constructed, order the fence repaired, replaced or removed in whole or in part. Either before, after or in the absence of an order to repair, replace or remove the fence, the Commission may revoke the special permit in whole or in part. The remedies provided in this subsection shall not be exclusive of, but cumulative to, any other remedies at law or equity which the City or owners of affected land may have by reason of the presence, nature, condition or absence of the fence, or any part thereof, and resort to one remedy shall not bar a resort to another, unless the remedies are inherently mutually exclusive.
(f) Removal of Obstructions. Anything in this Zoning Code to the contrary notwithstanding, any permit that is issued by the Commission to construct and maintain a perimeter fence within the right of way of a public street, alley or other public way which is outside the corporate limits of the City shall be and remain without prejudice to any rights with respect to such street, alley or other public way which are vested in the public by operation of law. If such street, alley or public way is subsequently annexed to the City, the same shall be and remain subject to the power of Council to order the removal of obstructions from such street, alley or public way within the corporate limits of the City. Any permit which the Commission proposes to issue concerning the construction and maintenance of a perimeter fence within the right of way of a public street, alley or other public way which then is within the corporate limits of the City, shall be and remain subject to the power of Council to order the removal of obstructions from such street, alley or public way within the corporate limits of the City, and no such permit shall be issued by the Commission prior to authorization of the proposed obstruction by Council. Such authorization by Council, if granted, shall reserve to Council the right to subsequently order the obstruction removed and may be upon such other terms and conditions as Council may prescribe.
(Ord. 1049. Passed 2-26-85.)