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(A) Whenever a special use is abandoned or becomes unused for a continuous period of one year, such special use permit shall terminate and the owner shall be required to obtain a new special use permit prior to commencing operation.
(B) A special use permit goes with the land and a change of ownership does not void the permit. The new owner must, however, abide with all details of operation and conditions/restrictions previously imposed on said permit or file for a new permit to cover any changes.
(Ord. 9-80, passed 12-15-1980)
SPECIAL PROVISIONS
(A) General provisions - all districts.
(1) No fence or wall shall be constructed of or contain barbed wire, broken glass, spikes or sharp and dangerous objects, nor be electrically charged; except that, barbed wire may be used at the top portion of a permitted fence or wall if located more than eight feet above the adjacent ground level. Such permitted barbed wire shall be considered part of the fence height restrictions.
(2) All fences and walls permitted herein may be located immediately adjacent to the lot lines.
(3) Variances from the restrictions of this section may be authorized only by the Board of Zoning Appeals, with the exception of a fence authorized in conjunction with a special use permit.
(4) Visibility requirements, per § 156.121 of this chapter, shall take priority over the provisions of this section in location and height of permitted fences.
(5) All fences and walls shall be kept in a state of good repair.
(B) Fences permitted in residential and business districts.
(1) Within the required front yard area, no fence or wall, (other than a necessary retaining wall) shall be higher than five feet.
(2) A fence or wall, not more than seven feet in height may be installed in the side and/or rear yards of any lot in a residential or business district. On a through lot where such rear yard or portion thereof abuts a front yard of an adjacent property, said fence or wall shall not exceed five feet in height.
(C) Fences permitted in industrial districts. In an industrial district, a fence or wall, not to exceed 12 feet in height, may be installed immediately adjacent to any property line subject to § 156.121 of this chapter.
(D) Fences around junk yards or automobile wrecking yards.
(1) An opaque fence, not less than eight feet in height, nor more than 12 feet in height, shall be maintained in a state of good repair around all junk yards and/or automobile wrecking yards subject to § 156.121 of this chapter.
(2) It is the intention of this provision that required fences shall be more attractive than the view they are constructed to obscure.
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(Ord. 9-80, passed 12-15-1980; Ord. 1997-3, passed 10-20-1997)
(A) Street intersection visibility requirements. On a corner lot, in any district, no fence, hedge, wall, sign or other structure shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half feet and eight feet above the established grade level of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection; except that, the location of principal buildings, traffic-control devices and public utility fixtures shall not be affected by this requirement.
(B) Driveway and alley visibility requirements. At intersections of driveways and alleys with streets, no fence, hedge, wall, sign or other structure shall be erected, placed or allowed to grow in such a manner at to impede vision between a height of two and one-half feet and ten feet above the established driveway or alley grade level in the area bounded by the driveway or alley lines and lot lines and a line joining points along said lines ten feet from the point of intersection of such driveway or alley lines and such lot lines.
(Ord. 9-80, passed 12-15-1980)
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