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April 12, 2022 <br />Page 5 <br />(C) Fences shall have structural supports (posts/footings) as required by the Building <br />Official. <br />(D) Fences and walls shall be constructed of new or like new materials. <br />(E) The finished appearance of fences and walls shall be constructed with the higher <br />quality finish directed toward the exterior of the property if the visual quality of <br />the fence or wall is not the same on both sides. <br />(F) The framing and posts of wood, chain link, picket, stockade, and decorative metal <br />fences shall face the inside of the parcel area fenced. The side of the fence <br />considered to be the face (facing as applied to fence posts) shall face the abutting <br />property. <br />(G)No more than two (2) types of related fencing materials shall be used in any <br />fence and wall. <br />(H)Both sides of any fence or wall shall be maintained in a condition of reasonable <br />repair and appearance by its owner and shall not be allowed to become and <br />remain in a condition of disrepair or danger, or constitute a nuisance, public or <br />private. <br />(I) The property owner is responsible for providing proof of property line location. <br />(J) Retaining walls shall not be placed within any drainage, utility or ponding <br />easements unless also reviewed and approved by the City Engineer. <br />2.Representative Codes Referenced. <br />Title XV Land Usage, Chapter 150 Zoning Code, Section 150.072, Fence Regulations. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243, Conditional Use Permits. <br />3.Criteria for and Consistency with Criteria for Conditional Use Permit Approval. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.24 3, (C), lists the criteria the <br />City Council must consider in consideration of applications for a conditional use permit. <br />Therefore, the request for conditional use permit to allow a fence measuring 8 feet in <br />height in the front yard of a commercial property is subject to the following review criteria: <br />(1) The use is one of the conditional uses specifically listed for the district in which the <br />property is located. <br />(2) The City Council has specified all conditions which the City Council deems necessary to <br />make the use compatible with other uses in the area <br />(3) The use will not be detrimental to the health, safety, or general welfare of persons <br />residing or working in the vicinity or to the values of property in the vicinity. <br />(4) The use will provide a service or a facility which is in the interest of public convenience <br />and will contribute to the general welfare.