18 - Amendments to the Fence Regulations City Code Article 4-11

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Sec. 4.11.008 Nonconforming fences (a) Authority to continue. Except as provided below in subsection (e), any nonconforming fence may be continued so long as it remains otherwise lawful, subject to the regulations of this section. (b) Ordinary repair and maintenance. Normal maintenance and incidental repair may be performed on any nonconforming fence or wall; provided, however, that any repair shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired, and provided further, however, that this shall not be deemed to authorize any violation of this section. (c) Alteration, enlargement or moving. A nonconforming fence shall not be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. (d) Change of fence. A nonconforming fence that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such nonconformity or nonconforming element. (e) Damage or destruction. Any nonconforming fence (or any nonconforming element of a fence capable of change or discontinuance separate from other elements of the fence) which has suffered damage, deterioration or destruction to thirty-five (35) percent or more of its total surface area shall be removed or brought into conformity with the provisions of this article. (f) Termination of certain nonconforming fences. The following nonconforming fences, walls or screening devices shall be removed or modified to comply with the provisions of this article within thirty (30) days of the effective date of this article to eliminate every nonconformity: (1) Barbed wire and electrical fences. All nonconforming barbed wire fences and nonconforming electrical fences located in residentially zoned areas or located on property used for residential purposes, excepting fences located on agricultural zoned property as otherwise permitted herein for agricultural purposes. (2) Dilapidated fences or walls. Each nonconforming fence that is dilapidated or deteriorated to the extent that the replacement of more than thirty-five (35) percent of the fence is required. (3) Fences dangerous to public health safety -.,and welfare. Every nonconforming fence or hedge that poses a threat to the health, safety, or welfare of any person or to the general public. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-8) Sec. 4.11.009 Abatement of violations by city The procedure for the removal of fences determined by code inspectors to be in violation of this article shall be the procedure adopted for the removal of substandard structures found in arfi ° ,,03 of this chapter. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-9) Page 10 of 11