ORDINANCE NO. 661
OF THE
CITY OF ELGIN, NEBRASKA
AN ORDINANCE OF THE CITY OF ELGIN, ANTELOPE COUNTY, NEBRASKA, TO ADOPT FENCE REGULA-TIONS; PROVIDING PENAL- TIES FOR VIOLATION OF THE REGULATIONS; REPEALING ALL ORDINANCES IN CON-FLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, NEBRASKA AS FOLLOWS:
SECTION 1. That the following fence regulations be and hereby are adopted and shall be incorporated as Article 6 of Chapter 9 of the municipal code:
SECTION 9-601: DEFIN-ITIONS
A. “Fence” shall mean a fence or similar structure serving as an enclosure, barrier, or boundary.
B. “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.
C. “Solid Fence” shall mean a fence, including gates, which has more than 50% of the surface area closed.
D. “Front Yard” shall mean the portion of the property that is adjacent to a street.
E. “Back Yard” shall mean the portion of the property that on the opposite end of the front yard.
F. “Side Yard” shall mean the portion of the property that is between the front and the back yards.
SECTION 9-602: PERMIT REQUIRED
No fence shall be erected, constructed, or maintained within the limits of the City of Elgin unless a building permit therefore is applied for, approved and issued by the City Clerk as provided for in Article 1 of Chapter 9 of the municipal code, and unless such fence is erected, constructed and maintained in conformance with the requirements of this article.
SECTION 9-603: APPLIC-ATION PROCEDURE
Written application for a fence shall be made as provided for in Article 1 of Chapter 9 as required for building permits, and shall be signed by the property owner or his/her duly authorized agent or attorney. In addition to the requirements mandated by Article 1 of Chapter 9 for building permits, the application for a fence 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.
SECTION 9-604: APPROVAL OF APPLICATION; TIME LIMIT
All applications approved and issued hereunder shall be valid for a period of ninety (90) days from date of issuance and if the fence authorized is not fully erected and constructed within said period, the permit shall be null and void and a new permit shall be issued before construction can begin.
SECTION 9-605: LOCATION, HEIGHT AND MATERIALS PERMITTED
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. 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.
C. 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 six (6) feet from any and all adjacent residence(s).
D. Any fence constructed within the front yard of a residential lot may be an open or closed fence not more than four (4) feet above the ground and shall be at least one (1) feet inside of any existing sidewalks and shall be at least six (6) feet from the property line unless such location is further prohibited in this article.
E. Any fence constructed on the side and rear yards of a lot may be constructed to a height not exceeding eight (8) feet above the ground and provided that no part thereof is situated or located within the front yard and/or further prohibited in this article.
F. No fence shall be constructed of material not commonly used for residential fences, including but not limited to non-treated or natural wood products, fiberglass, barbed wire, wooden pallets, chicken wire or corrugated metals.
G. Any person desiring a variance from the location, height and material requirements of this section shall be required to apply for such variance to the City Council.
SECTION 9-606: MAINTE-NANCE
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 of Elgin.
SECTION 9-607: FINISHED SIDE FACING OUTSIDE OF PROPERTY
The finished side of the fence must fact to the outside of the property and all visible support and other structural components of the fence shall face in toward the subject property.
SECTION 9-608: FENCES IN EXISTENCE AT DATE OF ADOPTION HEREOF
Replacement or change of any such existing fence or addition of new fence for any existing fence constructed prior to these ordinances and the effective date shall meet all requirements of this article.
SECTION 9-609: ENFORCEMENT; PENAL TIES
A. Should it be determined that any person has erected, constructed, replaced, changed or added to a fence not in accordance with an authorized permit as herein provided or without having obtained a permit as required herein or that such existing fence poses a traffic safety hazed or is dangerous and prohibited under the provisions herein, the village clerk shall mail or leave a written 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 change such fence until the same conforms to the requirements of this article. Failure to remove such fence or to remedy the violation with fifteen (15) days of receipt of notice shall constitute a violation of this ordinance.
B. 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.
C. 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 consistent with Article 5 of Chapter 9 of the municipal code.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall go into force and effect from and after its passage, approval and publication as required by law.
PASSED AND APPROVED this 9th day of September, 2021
BY MIKE SCHMITT
Mayor
ATTEST: Kristin Childers
City Clerk
PUBLISH: September 15, 2021
ZNEZ
