ORDINANCE NO. 616 AN ORDINANCE OF THE CITY OF NELIGH, ANTELOPE COUNTY, NEBRASKA, ADOPTING FENCE REGULATIONS; PROVIDING PENALTIES FOR VIOLATION OF THE REGULATIONS; REPEALING ALL CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NELIGH, NEBRASKA AS FOLLOWS: SECTION 1: That the following fence regulations be and hereby are adopted and shall be incorporated as Article 5 of Chapter 8 of the municipal code: SECTION 8-501: DEFINITIONS “Fence” shall mean a fence or similar structure serving as an enclosure, barrier or boundary. “Open fence” shall mean a fence, including gates, which has, for each one foot wide segment extending over the entire length and height of the fence, 50% or more of the surface area in open spaces which afford a direct view through the fence. “Solid fence” shall mean a fence, including gates, which has more than 50% of the surface area closed. “Front yard” shall mean that portion of the property that is adjacent to a street. “Back yard” shall mean that portion of the property that is on the opposite end of the front yard. “Side yard” shall mean that portion of the property that is between the front and back yards. “Corner Lot” shall mean a lot with two street frontages with the front of the house facing one street and the side of the house adjoining the other street. SECTION 8-502: PERMIT REQUIRED No fence shall be erected, constructed or maintained within the city limits or zoning jurisdiction of the City unless a building permit therefor is applied for, approved and issued by the city clerk, and unless such fence is erected, constructed and maintained in conformance with the requirements of this article. SECTION 8-503: APPLICATION PROCEDURE; FEE A. Written application for a fence permit shall be made upon a form prescribed by the city clerk, shall be signed by the property owner or his/her duly authorized agent or attorney, and shall be accompanied by a fee in the amount set by the City Council by resolution and on file with the City Clerk for inspection by the public during normal business hours. B. Each application shall designate the address to which notices shall be sent and shall be accompanied by a building plan showing the location of iron pins or other property markers denoting the lot lines. C. The application shall be accompanied by structural drawings showing the location of the fence on the applicant’s property, the height and type of fence, and specification of materials to be used for its construction. D. The City Clerk shall submit such application to the Electrical Superintendent and for their review and recommendations. Any permit issued shall conform to such recommendations. In addition, the applicant shall verify that they have contacted diggers hotline and that the utility lines have been marked prior to construction. E. Two property owners desiring to build one fence on the common lot line of adjacent side yards or back yards may file one application jointly signed by them as applicants. SECTION 8-504: APPROVAL OF APPLICATION; TIME LIMIT The city clerk is authorized to approve all applications for fence permits which conform to the provisions of this article and to issue permits for the erection and construction thereof. All permits issued hereunder shall be valid for a period of six months from date of issuance; if the fence authorized is not fully erected and constructed within said period, the permit shall be null and void and a new permit must be issued before construction can begin. SECTION 8-505: LOCATION AND PLACEMENT RESTRICTED Except as may be otherwise specifically provided in this article, no fence shall be erected, constructed or maintained on any lot or tract of land outside the surveyed lot lines of the property to which it belongs. No fence shall be constructed which would cause a water or snow problem to an adjacent property. Any fence constructed must be at least 10 feet from such adjacent residence. SECTION 8-506: CREATION OR MAINTENANCE OF TRAFFIC HAZARDS PROHIBITED A. No fence shall be erected, constructed or maintained in such a manner as to obstruct the view of drivers of vehicles approaching street intersections or which otherwise creates a traffic safety hazard. B. Any fence constructed within the front yard of a residential lot may be an open or closed fence not more than 4 feet above the ground and conform to the corner triangle diagram attached hereto and made a part hereof by reference. Front yard setback shall be one feet inside of existing sidewalks. Where no sidewalk exists then the setback will be at least 4 feet from the property line. Rear yard setback must be 1 feet from property line. Side yard setback must be 1 feet from property line. All front yard fences shall not exceed 4 feet in height. C. No foliage or shrubbery exceeding 3 ft. in height shall be planted or maintained in such areas which will obstruct the view of drivers approaching the street intersection, SECTION 8-507: HEIGHT AND MATERIALS PERMITTED; SPECIAL USE PERMIT A. Fences shall (1) be constructed of commonly accepted material for residential fences such as wood, plastic, vinyl, PVC/resin, concrete, stone, masonry, wrought iron, or chain link; (2) be structurally sound; and (3) have a neat, professional and finished appearance. B. Closed fencing to provide for privacy may be constructed to a height not exceeding 8 feet above the ground and provided that no part thereof is situated within the front yard. See fence diagram attached hereto and made a part hereof. Only side and rear yards can be 8 foot fence height. C. Any person desiring a variance from the height and material requirements of this section shall be required to apply for a special use permit to the City Council. SECTION 8-508: CERTAIN MATERIALS AND FENCES PROHIBITED; SPECIAL USE PERMIT A. It shall be unlawful for any person to erect, construct or maintain any barbed wire fence except for perimeter security fencing of buildings constructed in industrial districts (the plans and specifications for which require city approval before commencement of construction), and for farm fencing constructed for agricultural purposes in agricultural districts. B. Except as otherwise provided herein, it shall be unlawful for any person to erect, construct or maintain any fence with a barbed selvage at its top. C. No electric fence shall be erected, constructed or maintained within the City or within its zoning jurisdiction except in the Agricultural Zone for agricultural purposes. D. No fence shall be constructed of material not commonly used for residential fences, such as non-treated or natural wood products, fiberglass, barbed wire, wooden pallets, chicken wire or corrugated metals. E. Any person desiring a variance from the prohibition against use of certain materials and types of fences may apply for a special use permit to the City Council. SECTION 8-509: MAINTENANCE REQUIRED All fences existing at the adoption of this article and all fences hereafter erected or constructed shall be maintained in good repair. If a fence is not maintained in good repair, it shall be deemed a nuisance and shall be subject to the procedures and penalties prescribed in the nuisance ordinances of the City. SECTION 8-510: FINISHED SIDE FACING OUTSIDE OF PROPERTY The finished side of the fence must face to the outside of the property. Visible supports and other structural components shall face in toward the subject property. SECTION 8-511: FENCES IN EXISTENCE AT DATE OF ADOPTION HEREOF Any existing fence constructed pursuant to a permit issued by the City in conformity with the ordinances in force and effect, which fence is in place as of the date of adoption of this article, may remain without change in accordance with this section, notwithstanding the same may be in conflict or violation with one or more provisions of this or prior ordinances; provided, however, replacement or change of any such existing fence or addition of new fence must meet all requirements of this article. SECTION 8-512: All property owners with an existing fence not complying with this Ordinance may be required to provide fence gates to provide access to the property for utility maintenance and repair. SECTION 8-512: ENFORCEMENT A. Any fence permit issued hereunder may be revoked or canceled by the city for reasons as follows: 1. Fraud, misrepresentation, concealment, error or material omission in the application for a fence permit or in the accompanying survey or related document. 2. The fence authorized by the permit as issued has not been or is not being erected or constructed in conformity with the provisions of the application, its related survey and other documents or is otherwise in violation of any part or section of this article. B. Should it be determined that any person is replacing, changing or adding to any existing fence in place as of the date of adoption of this ordinance without having obtained a valid fence permit as herein provided, or that such existing fence poses a traffic safety hazard or is dangerous and prohibited under the provisions herein, the city clerk shall forthwith notify the Police Department of such violation. The Police Department shall personally deliver or leave a notice of violation at the residence of the offending party or owner, as the case may be. Upon receipt of such notice, the party violating the terms herein shall thereupon cause the offending fence to be removed or shall cease and desist from all further efforts in adding to, replacing or changing such fence until the same conforms to the requirements of this ordinance. Failure to remove such fence or to remedy the violation within 15 days of receipt of notice shall constitute a violation of this ordinance. C. The city attorney is authorized and empowered to enforce any and all provisions of this article and to initiate or defend suits in courts of competent jurisdiction as may be required to enforce the provisions of this article. SECTION 8-513: APPEALS Any person aggrieved by any order or decision of the city clerk or other official of the City concerning the granting, issuance or denial, revocation or cancellation of a permit controlled by this article may appeal such decision to the City Council. Such appeal shall be governed by Sections 2-612 through 2-613 of the Neligh Municipal Code. SECTION 2: Any person or other legal entity violating the terms of this ordinance shall be fined in a sum of not more than $500.00 and each days violation shall constitute a separate offense. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall become effective from and after its passage, approval and publication as provided by Nebraska law. Dated this 14th day of May, 2019. CITY OF NELIGH, NEBRASKA Council President ATTEST: City Clerk CERTIFICATION I, Danielle Klabenes, clerk of the City of Neligh, Nebraska, hereby certify that the foregoing is a true and complete copy of Ordinance No. 616 of said city, passed by the City Council this 14th day of May, 2019. City Clerk Published May 22, 2019 ZNEZ Comments are closed.
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