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ORDINANCE 2022-07 <br />5 <br />additions to a fence. The permit must be obtained in the name of the owner of the property <br />on which the fence is or will be located. Applications must be made on forms provided by <br />the city. Permit fees must be paid in accordance with Ordinance 33.061 of the City Code. <br />Section 10.Section §150.072 - is hereby amended to read as follows: <br />REQUIREMENTS. <br />(A) Location. Any fence constructed or altered after 6-3-1982 must be located entirely upon the <br />private property of the owner to whom the building permit was issued. Ownership of the fence <br />passes with ownership of the property. The fence must be setback a distance from the owner’s <br />property line sufficient to avoid encroachment onto adjoining private or public property or a <br />public right-of-way. The applicant represents that the fence will be entirely on the property of the <br />fence applicant. At its sole discretion, the city may require the applicant for the permit to locate <br />and mark the property line abutting the public property by having a registered surveyor place <br />permanent survey pins or stakes on the property line. <br />(B) Fence size. All fence and wall heights shall be measured from the finished grade, except that <br />the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but <br />raised above ground level, will be measured from the elevation of the raised deck for that portion <br />which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that <br />artificially increases the maximum permitted height of the fence. Required fence height shall be <br />measured and applied only at each post, and no section of fence between posts shall exceed the <br />height of the higher of the two posts between which such fence is constructed. <br />(C)(1) Residential Uses. <br />a. Front Yards. No fence, fence post, or post cap shall be over fifty-two (52) inches <br />in height within a required front yard setback. <br />b. Side Yards. No fence, fence post, or post cap shall be over six feet six inches <br />(6’-6”) in height. A fence up to six feet six inches (6’-6”) in height shall be <br />allowed on corner lots along the corner side behind the nearest front corner of the <br />principal building. <br />c. Rear Yards. No fence, fence post, or post cap, shall be over six feet six inches <br />(6’-6”) in height. <br />(C) (2) Commercial/Industrial Uses. <br />a. Front Yards. No fence shall be over seven (7) feet in height within a required <br />front yard setback. <br />b. Side Yards. No fence shall be over seven (7) feet in height. <br />c. Rear Yards. No fence shall be over six (6) seven (7) feet in height. <br />d. Exemption. Through the approval of a conditional use permit (CUP), fence <br />heights as listed above in §150.072, C, 2, a-c may be increased for the following <br />types of fencing <br />Section 11.Section §155.03 (Zoning Definitions) is hereby amended to add the following: <br />Bus/Transit Bench Sign: A bench maintained on a publicly dedicated street or right-of-way for <br />the convenience and comfort of persons waiting for buses or other vehicles, which may include <br />off-premise advertising content, not to exceed 12 square feet in surface area.