Fencing

ORDINANCE NO. 406‑98

AN ORDINANCE OF THE CITY OF SCRIBNER, NEBRASKA, AMENDING ORDINANCE #241 KNOWN AS THE ZONING ORDINANCE Of THE CITY OF SCRIBNER, AND ARTICLE 5‑112 OF ORDINANCE # 241 CODE, RELATING TO THE REGULATION OF FENCING IN THE RESIDENTIAL DISTRICTS OF THE CITY OF SCRIBNER; ADOPTING ARTICLE 5, SECTION 5‑112 OF ORDINANCE

# 241 REPEALING SAID SECTION AND ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE ITS FORCE AND TAKE EFFECT.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITYOF SCRIBNER, NEBRASKA:

Section 1. Article 5 of Chapter 112 of Ordinance # 241 of said City, as amended, is hereby amended as follows:

That Article 5‑112 be amended as follows: 5‑112 REGULATION OF FENCES IN THE RESIDENTIAL DISTRICTS OF THE CITY OF SCRIBNER.

(A) In the residential districts of the City as set forth on the official Zoning District map, fences may be built to all lot lines, with no portion thereof extending over the line. No portion of a fence shall be more that six feet, six inches (6’6″) above the ground measured at fence line.

(B) EXCEPTIONS. Except that on corner lots a fence shall not exceed three (3) feet in height, thirty (30) feet each way from the corner of a lot where two (2) streets intersect; provided, however, a forty‑two inch (42″) chain link fence; or equivalent providing clear vision upon which no vegetation will be permitted to grow is permissible under this section. A fence shall not exceed four (4) feet in height, fifteen (15) feet each way from the corner of a lot where an alley and/or driveway and a street intersect: provided, however, the Council, by resolution, may prescribe in a specific case a variation in the application of this section if it is found that said variation would not be injurious to the public health, safety and welfare of the city.

(C) PERMIT REQUIRED. No fence shall be built without a permit being issued therefor by the City Building Inspector upon application of the property owner. The fee for such permit shall be the same as provided in the Uniform Building Code Ordinance No. 361 of said city and shall be paid to the City Treasurer at the time the permit is issued. (Rev. Nov. 25, 1997)

Section 2. All ordinances and parts of ordinances passed, approved and, published. or posted prior to the passage and approval of this ordinance and in conflict herewith are hereby repealed.

Section 3. This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting according to law.

Passed and approved this 28th of September, 1998.