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1985-44
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1985-44
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Last modified
3/20/2019 12:12:22 PM
Creation date
10/5/2015 9:55:48 AM
Metadata
Fields
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Ordinances
Ordinance Number
1985-44
Adopted Date
05/15/1985
Ordinance Type
Zoning
State Filed Date
05\31\1985
Code Number
Section 25 Height Exceptions
Subject
Height Limitations Yard Encroachments
Codified or Exempt
Codified
Supplemental fields
SmeadsoftID
13305
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4. Agricultural and Temporary Construction Fences <br />All fences in agricultural districts and temporary fences used at a <br />construction site for the purpose of security shall be exempt from <br />the height provisions of this section, provided corner visibility is <br />maintained. <br />5. Increased Height of Walls and Fences <br />Administrative Approval <br />Higher fences and walls than listed above and all barbed wire <br />fences shall require prior administrative approval by the Plan- <br />ning and Development Director. Before administrative approval <br />may be issued, the Planning and Development Director must first <br />determine that the structure will be visually compatible in the <br />area in which it is to be located and that the additional <br />security provided by such fence is reasonably necessary given <br />the location or use of the property. A determination as to <br />visual compatibility shall be based upon the number, proximity, <br />height and design of other fences or walls in the area. If <br />mandatory approval by an architectural control or review board <br />having authority in the neighborhood or subdivision is <br />required, then such recommendation shall be received prior to a <br />determination by the Planning and Development Director under <br />this provision, and any such architectural review board deci- <br />sion shall be given substantial weight in the county's review <br />process. <br />b. Application and Fee <br />The applicant shall submit an application and fee for adminis- <br />trative approval. The application shall be issued by the <br />Department of Planning and Development and the fee will be <br />established by resolution of the County Commission. <br />C. Appeals of Decision <br />If an applicant disagrees with a determination made by the <br />Planning and Development Director under these provisions, <br />review shall be available to the applicant by way of written <br />appeal to the Planning and Zoning Commission. <br />6. Use of Easements; Removal Agreement <br />a. Administrative Approval <br />No fence or wall shall be built in a utility or drainage <br />easement without prior administrative approval from the Plan- <br />ning and Development Division. The division shall contact all <br />present or intended users of an easement within which a fence <br />approval has been requested with respect to the application for <br />comment thereon prior to a determination on the approval <br />request. <br />Application and Fee <br />Request for administrative approval shall require the applicant <br />to submit an application and fee to the Department of Planning <br />and Development. The application shall be issued by the <br />Department of Planning and Development and the fee will be <br />established by the County Commission. <br />C. Removal Agreement <br />No fence or wall shall be approved for construction in a <br />drainage or utility easement unless the owner of the underlying <br />fee property shall first execute a removal agreement to be <br />recorded among the public records, providing for preservation <br />of the use of the easement. The removal agreement shall be in <br />the nature of a covenant running with the land in favor of the <br />parties to whom the easements have been dedicated. The <br />-12- <br />
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