Lewistown City Zoning Code

Subchapter XVI

Fence Code

§ 153.285 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A vertical screen device used to provide privacy, visual or otherwise, or for containment. FENCE includes but is not limited to trellises, railing and walls.

INSTALL, INSTALLATION, INSTALLED.

To construct, erect, install, place, or replace over 16 lineal feet.

Any person, firm, corporation, association or other legal entity.

PROPERTY OWNER.

A person that owns or controls real property situated in the city.

SWIMMING POOL(S).

Any container of water, either temporary or permanent, and either above or in the ground, or a combination thereof, in which water of more than 24 inches in depth may be contained and which is used primarily for the purpose of swimming and wading.

ZONING ENFORCEMENT OFFICER.

The Zoning Board of Appeals and designees thereof.

(Am. Ord. 2012-2, passed 5-22-2012; Ord. 2006-4, passed 3-28-2006)

§ 153.286 PERMIT.

Permit required. No person shall install a fence in the city without first obtaining a fence permit and complying in all respects with the terms and conditions and this subchapter. A fence permit shall be valid only for the term of issuance, unless sooner suspended or revoked. A fence permit is not required for painting, maintenance, or repair or replacement of less than 16 lineal feet of a fence.

Permit application. A fence permit application shall be filed with the Zoning Secretary, consisting of the following:

A fully completed fence permit application form and payment of full permit fee;

A drawing, site plan or plat map displaying property boundaries, the location of the buildings and structures on the property, the proposed location of the fence and its distances from the existing structures on the property;

If the fence is proposed to be installed on rented or leased property, the written consent of the owner(s) of the property; and

Other information as may be required by the Zoning Secretary to assist in the review of the application.

Permit fee. For any fence having a total construction cost (materials and reasonable value of labor to install) of less than $5,000, a $10 permit fee shall be remitted upon submittal of the fence application. With regard to fences having a total construction costs of $5,000 or more, the property owner must seek a building permit and pay a fee as set forth in the zoning ordinance prior to commencing construction. If any fence is installed, in full or part, prior to the issuance of a permit, five times fees shall be charged for the permit.

Application review and approval required, permit issuance. The Zoning Enforcement Officer shall review, approve and issue the fence permit application provided that the application is in compliance with this subchapter and the standards of this subchapter for the fence to be installed have been met. The fence permit may contain reasonable conditions stated in the permit.

Responsibility of applicant. The applicant is solely responsible for installing the fence:

Within the boundaries of their property determined by survey, in compliance with this subchapter and the permit, including, but not limited to, proper materials, height, setback and vision clearance;

In compliance with any subdivision covenants or restrictions, deed restrictions, utility easement restrictions, land use restrictions of record, including applicable plan review and approval, or waiver requirements; and

In a manner as will not obstruct storm water drainage, violate a city approved storm water plan or unreasonably divert storm water on the property of another.

(Ord. 2006-4, passed 3-28-2006)

§ 153.287 FENCE INSTALLATION.

General requirements. No fence shall be installed, except in strict compliance with this subchapter, site specific permit conditions, and the following requirements.

Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.

Except as further restricted elsewhere herein, the height of the fence shall not exceed six feet. Fence height shall be measured from the surface of the ground immediately below the fence. Berms, retaining walls or other methods to raise the elevation of the site shall require approval by the Zoning Enforcement Officer prior to installation. The term BERM shall mean a mound of earth higher than the final elevation of a lot.

The project site shall be marked by individuals or entities notified after obtaining a dig number from JULIE before digging holes for fence installation.

No fence located in the vision clearance area shall exceed three feet in height above the mean street grade. The term VISION CLEARANCE AREA shall be defined as a triangular area on a lot at the intersection of two streets or a street and an alley, driveway, at the intersection of a driveway/alley and sidewalk, other point of vehicular access or railroad, two sides of which are lot lines measured from the corner intersection of the property lines to a minimum distance of 15 feet from their intersection.

The height of walls and fences shall be measured vertically from the finished grade on the exterior side of the fence. Raising the finished grade by placing fill solely for the purpose of adding additional height to a fence is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm, unless the fence is approved in conjunction with a non-conforming use or conditional use variance.

No fence shall be closer than six inches to the public sidewalk or the property boundary line.

No fence located in the front yard (as defined in § 153.003) of any property shall exceed four feet in height.

No fence may be located upon the street right-of-way.

Obstruction of ingress/egress area of a dwelling. No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three feet shall be maintained between any solid fence and any such window or opening in a dwelling.

Modifications. All modifications to an existing fence shall comply with this subchapter.

Fences in rear/side yard. Fences in rear and side yards shall meet the following requirements.

No fence or wall shall exceed six feet in height in any side or rear yard. Fences not greater than six feet in height are permitted in side or rear yards and shall not extend beyond the front of the principal structure or the required building setback, whichever is furthest from the road right-of-way.

A wall or solid fence not more than six feet in height, as measured from the highest adjacent grade, maybe maintained along the interior side or rear lot lines provided such a wall or solid fence does not extend into a required front yard.

Fences which exceed three feet in height in side or rear yards shall not encroach within vision clearance areas.

Double frontage lots.

Fences on double frontage lots shall be installed in accordance with the required front yard setback on both streets, except where otherwise approved in conjunction with a non-conforming use or conditional use variance. The term DOUBLE FRONTAGE LOT shall mean an interior lot having street frontage on the front and the rear of the lot.

Approved fence materials. All fences shall meet the following material requirements.

Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including, but not limited to, brick, fieldstone, wrought iron, fired masonry, concrete, stone, metal tubing, fiberglass composite, vinyl, chain link (with a minimum thickness of nine gauge and a required top rail support), stockade or board-on-board wood.

Agricultural farm fences shall only be permitted in agriculturally zoned or used districts and shall not exceed six feet in height. The term AGRICULTURAL FARM FENCES shall mean any fence consisting of deer fence, hog wire, high tensile, wire strands, used in the agricultural, farming and livestock business, specifically for livestock, animal and bird control.

Residential front yard fences shall be 50% open (see-through) and be of split rail, wrought iron or picket design.

(Ord. 2006-4, passed 3-28-2006)

§ 153.288 MAINTENANCE AND CONFIGURATION OF FENCES.

Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public.

Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair.

Every fence installed shall be maintained by the owner in such a way that it will remain plumb and in good repair.

The finished side of fences shall face adjoining property.

(Ord. 2006-4, passed 3-28-2006)

§ 153.289 EXISTING FENCES.

No fence existing upon the effective date of this subchapter shall be enlarged, extended or replaced, except in strict compliance with all of the requirements of this subchapter.

(Ord. 2006-4, passed 3-28-2006)

§ 153.290 PROHIBITIONS.

No person shall install any fence constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, ores, junk, or other similar items.

No person shall install any fence constructed of materials not specifically manufactured for fencing, including but not limited to railroad ties, wooden doors, landscape timbers, wooden or plastic snow fence (except as specifically authorized in this chapter), welded wire fence, chicken wire, scrap metal, barbed wire, razor wire, constantine wire, poultry wire, or utility poles shall not be used for or in the construction of a fence.

Fences shall not be erected in any way prohibited in any other section of the zoning ordinance.

Except as otherwise specifically provided in this chapter, snow fencing shall not be permitted unless installed by the City of Lewistown.

(Am. Ord. 2012-2, passed 5-22-2012; Am. Ord. 2006-7, passed 5-9-2006; Ord. 2006-4, passed 3-28-2006)

§ 153.291 FENCES PERMITTED WITHOUT A PERMIT.

The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that the fence does not in any way interfere with traffic visibility, or block, redirect or cause a drainage problem for the adjacent or downstream properties.

Decorative fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.

Underground electrical fences are permitted in all districts.

(Ord. 2006-4, passed 3-28-2006)

§ 153.292 NON-BOUNDARY RELATED FENCE STANDARDS.

Fences and/or enclosures for swimming pools shall be permitted.

Fences surrounding tennis courts, and baseball and/or softball field backstops may be erected in conformance with accepted industry standards.

A fence permit shall be required for any installation under this section.

(Ord. 2006-4, passed 3-28-2006)

§ 153.293 SWIMMING POOL FENCES.

Swimming pools installed with the top rim of the outside wall at or below grade, now existing or hereafter constructed, and not enclosed within a permanent building, shall be completely enclosed by a perimeter fence of sufficient strength to prevent access to the pool by persons of any age and shall be not less than four feet in height above grade. Gates or doors shall be equipped with a latching and/or locking device for keeping the gate or door securely closed at all times when not in actual use.

Swimming pools installed above grade will be allowed without separate additional fencing; provided, that the swimming pool is accessible solely from a removable ladder(s) and said ladder(s) is removed at all times the swimming pool is not in use.

Permanent access from grade to swimming pools above grade having stationary ladders, stairs or ramps shall be equipped with latching and/or locking gates.

Location of fencing required shall be subject to all other applicable ordinances.

The wall of the house or building faced to a pool may be incorporated as a portion of such fence.

Fencing, gates, or both as required by division (A) of this section or, in the case of swimming pool construction or modification, temporary snow fence shall be installed around the entire perimeter of the swimming pool prior to the swimming pool being filled with water. Temporary snow fence shall be permitted to remain for a period not to exceed 90 days from the date such fence is first installed. If the fencing, as required by division (A) of this section, is not installed by the end of said 90-day period, the water in the swimming pool shall be drained and the pool disassembled or otherwise rendered incapable of holding water.

(Am. Ord. 2012-2, passed 5-22-2012; Ord. 2006-4, passed 3-28-2006)

§ 153.294 VIOLATIONS.

Administration of violations.

When the Zoning Enforcement Officer has determined that any fence has been established, restored or maintained, in a manner not in conformity with the terms of §§ 153.265 through 153.272, the Zoning Enforcement Officer shall, in writing, notify the owner, operator or other party responsible for managing and/or maintaining the offending property of the nature and details of the non-conformity and the remedial actions necessary to bring the property into compliance, and that the property must be brought into compliance within 15 days from the date of notice.

The notice shall further provide that the notified party or agent shall have the opportunity to be personally heard by the Zoning Enforcement Officer within the period, and failure to request a hearing shall waive the opportunity to be heard.

The 15 day compliance period may be extended upon written request, for good and sufficient reason.

The failure of the owner, operator or other responsible party to provide or restore visual clearance within the time prescribed shall authorize the Zoning Enforcement Officer to seek an injunction pursuant to ILCS Ch. 65, Act 5, § 11-13-15 requesting the court to authorize the city to do or to have done such work as will establish or restore visual clearance, and to assess the cost of such work, plus the attorney's fees and litigation costs incurred by the city to the owner, operator or other responsible party.

The order of the Zoning Enforcement Officer may be appealed to the Board upon written notice of the appeal being served upon or sent by registered mail to the Zoning Enforcement Officer within ten days after the date of the order.

Public nuisance. Obstruction to visual clearance, as regulated by this subchapter, shall be deemed to be a public nuisance and the City Attorney is authorized to abate the nuisance.

(Ord. 2006-4, passed 3-28-2006)

§ 153.295 ADMINISTRATION, NON-CONFORMING USE AND CONDITIONAL USE VARIANCES AND APPEALS.

Administration. It shall be the duty of the Zoning Enforcement Officer to administer and enforce this subchapter.

Non-conforming use or conditional use variances. Upon application for a non-conforming use or conditional use variance, the Zoning Board of Appeals may, after investigation and public hearing, grant a non-conforming use or conditional use variance from the terms of § 153.287 where such nonconforming use or conditional use variance will not be contrary to the spirit and purpose of this subchapter, and where a non-conforming use or conditional use variance will do substantial justice.

Appeals. An aggrieved person adversely affected by the denial of a permit or decision, determination or interpretation under this subchapter by the Zoning Enforcement Officer may appeal such denial, decision, determination or interpretation to the Zoning Board of Appeals.

Application procedure. Any application for a non-conforming use or Conditional use variance or appeal shall be taken pursuant to the procedure set forth in § 153.365.

(Ord. 2006-4, passed 3-28-2006)

Lewistown City Zoning Code

Subchapter XVI

Fence Code

§ 153.285 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A vertical screen device used to provide privacy, visual or otherwise, or for containment. FENCE includes but is not limited to trellises, railing and walls.

INSTALL, INSTALLATION, INSTALLED.

To construct, erect, install, place, or replace over 16 lineal feet.

Any person, firm, corporation, association or other legal entity.

PROPERTY OWNER.

A person that owns or controls real property situated in the city.

SWIMMING POOL(S).

Any container of water, either temporary or permanent, and either above or in the ground, or a combination thereof, in which water of more than 24 inches in depth may be contained and which is used primarily for the purpose of swimming and wading.

ZONING ENFORCEMENT OFFICER.

The Zoning Board of Appeals and designees thereof.

(Am. Ord. 2012-2, passed 5-22-2012; Ord. 2006-4, passed 3-28-2006)

§ 153.286 PERMIT.

Permit required. No person shall install a fence in the city without first obtaining a fence permit and complying in all respects with the terms and conditions and this subchapter. A fence permit shall be valid only for the term of issuance, unless sooner suspended or revoked. A fence permit is not required for painting, maintenance, or repair or replacement of less than 16 lineal feet of a fence.

Permit application. A fence permit application shall be filed with the Zoning Secretary, consisting of the following:

A fully completed fence permit application form and payment of full permit fee;

A drawing, site plan or plat map displaying property boundaries, the location of the buildings and structures on the property, the proposed location of the fence and its distances from the existing structures on the property;

If the fence is proposed to be installed on rented or leased property, the written consent of the owner(s) of the property; and

Other information as may be required by the Zoning Secretary to assist in the review of the application.

Permit fee. For any fence having a total construction cost (materials and reasonable value of labor to install) of less than $5,000, a $10 permit fee shall be remitted upon submittal of the fence application. With regard to fences having a total construction costs of $5,000 or more, the property owner must seek a building permit and pay a fee as set forth in the zoning ordinance prior to commencing construction. If any fence is installed, in full or part, prior to the issuance of a permit, five times fees shall be charged for the permit.

Application review and approval required, permit issuance. The Zoning Enforcement Officer shall review, approve and issue the fence permit application provided that the application is in compliance with this subchapter and the standards of this subchapter for the fence to be installed have been met. The fence permit may contain reasonable conditions stated in the permit.

Responsibility of applicant. The applicant is solely responsible for installing the fence:

Within the boundaries of their property determined by survey, in compliance with this subchapter and the permit, including, but not limited to, proper materials, height, setback and vision clearance;

In compliance with any subdivision covenants or restrictions, deed restrictions, utility easement restrictions, land use restrictions of record, including applicable plan review and approval, or waiver requirements; and

In a manner as will not obstruct storm water drainage, violate a city approved storm water plan or unreasonably divert storm water on the property of another.

(Ord. 2006-4, passed 3-28-2006)

§ 153.287 FENCE INSTALLATION.

General requirements. No fence shall be installed, except in strict compliance with this subchapter, site specific permit conditions, and the following requirements.

Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.

Except as further restricted elsewhere herein, the height of the fence shall not exceed six feet. Fence height shall be measured from the surface of the ground immediately below the fence. Berms, retaining walls or other methods to raise the elevation of the site shall require approval by the Zoning Enforcement Officer prior to installation. The term BERM shall mean a mound of earth higher than the final elevation of a lot.

The project site shall be marked by individuals or entities notified after obtaining a dig number from JULIE before digging holes for fence installation.

No fence located in the vision clearance area shall exceed three feet in height above the mean street grade. The term VISION CLEARANCE AREA shall be defined as a triangular area on a lot at the intersection of two streets or a street and an alley, driveway, at the intersection of a driveway/alley and sidewalk, other point of vehicular access or railroad, two sides of which are lot lines measured from the corner intersection of the property lines to a minimum distance of 15 feet from their intersection.

The height of walls and fences shall be measured vertically from the finished grade on the exterior side of the fence. Raising the finished grade by placing fill solely for the purpose of adding additional height to a fence is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm, unless the fence is approved in conjunction with a non-conforming use or conditional use variance.

No fence shall be closer than six inches to the public sidewalk or the property boundary line.

No fence located in the front yard (as defined in § 153.003) of any property shall exceed four feet in height.

No fence may be located upon the street right-of-way.

Obstruction of ingress/egress area of a dwelling. No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three feet shall be maintained between any solid fence and any such window or opening in a dwelling.

Modifications. All modifications to an existing fence shall comply with this subchapter.

Fences in rear/side yard. Fences in rear and side yards shall meet the following requirements.

No fence or wall shall exceed six feet in height in any side or rear yard. Fences not greater than six feet in height are permitted in side or rear yards and shall not extend beyond the front of the principal structure or the required building setback, whichever is furthest from the road right-of-way.

A wall or solid fence not more than six feet in height, as measured from the highest adjacent grade, maybe maintained along the interior side or rear lot lines provided such a wall or solid fence does not extend into a required front yard.

Fences which exceed three feet in height in side or rear yards shall not encroach within vision clearance areas.

Double frontage lots.

Fences on double frontage lots shall be installed in accordance with the required front yard setback on both streets, except where otherwise approved in conjunction with a non-conforming use or conditional use variance. The term DOUBLE FRONTAGE LOT shall mean an interior lot having street frontage on the front and the rear of the lot.

Approved fence materials. All fences shall meet the following material requirements.

Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including, but not limited to, brick, fieldstone, wrought iron, fired masonry, concrete, stone, metal tubing, fiberglass composite, vinyl, chain link (with a minimum thickness of nine gauge and a required top rail support), stockade or board-on-board wood.

Agricultural farm fences shall only be permitted in agriculturally zoned or used districts and shall not exceed six feet in height. The term AGRICULTURAL FARM FENCES shall mean any fence consisting of deer fence, hog wire, high tensile, wire strands, used in the agricultural, farming and livestock business, specifically for livestock, animal and bird control.

Residential front yard fences shall be 50% open (see-through) and be of split rail, wrought iron or picket design.

(Ord. 2006-4, passed 3-28-2006)

§ 153.288 MAINTENANCE AND CONFIGURATION OF FENCES.

Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public.

Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair.

Every fence installed shall be maintained by the owner in such a way that it will remain plumb and in good repair.

The finished side of fences shall face adjoining property.

(Ord. 2006-4, passed 3-28-2006)

§ 153.289 EXISTING FENCES.

No fence existing upon the effective date of this subchapter shall be enlarged, extended or replaced, except in strict compliance with all of the requirements of this subchapter.

(Ord. 2006-4, passed 3-28-2006)

§ 153.290 PROHIBITIONS.

No person shall install any fence constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, ores, junk, or other similar items.

No person shall install any fence constructed of materials not specifically manufactured for fencing, including but not limited to railroad ties, wooden doors, landscape timbers, wooden or plastic snow fence (except as specifically authorized in this chapter), welded wire fence, chicken wire, scrap metal, barbed wire, razor wire, constantine wire, poultry wire, or utility poles shall not be used for or in the construction of a fence.

Fences shall not be erected in any way prohibited in any other section of the zoning ordinance.

Except as otherwise specifically provided in this chapter, snow fencing shall not be permitted unless installed by the City of Lewistown.

(Am. Ord. 2012-2, passed 5-22-2012; Am. Ord. 2006-7, passed 5-9-2006; Ord. 2006-4, passed 3-28-2006)

§ 153.291 FENCES PERMITTED WITHOUT A PERMIT.

The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that the fence does not in any way interfere with traffic visibility, or block, redirect or cause a drainage problem for the adjacent or downstream properties.

Decorative fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.

Underground electrical fences are permitted in all districts.

(Ord. 2006-4, passed 3-28-2006)

§ 153.292 NON-BOUNDARY RELATED FENCE STANDARDS.

Fences and/or enclosures for swimming pools shall be permitted.

Fences surrounding tennis courts, and baseball and/or softball field backstops may be erected in conformance with accepted industry standards.

A fence permit shall be required for any installation under this section.

(Ord. 2006-4, passed 3-28-2006)

§ 153.293 SWIMMING POOL FENCES.

Swimming pools installed with the top rim of the outside wall at or below grade, now existing or hereafter constructed, and not enclosed within a permanent building, shall be completely enclosed by a perimeter fence of sufficient strength to prevent access to the pool by persons of any age and shall be not less than four feet in height above grade. Gates or doors shall be equipped with a latching and/or locking device for keeping the gate or door securely closed at all times when not in actual use.

Swimming pools installed above grade will be allowed without separate additional fencing; provided, that the swimming pool is accessible solely from a removable ladder(s) and said ladder(s) is removed at all times the swimming pool is not in use.

Permanent access from grade to swimming pools above grade having stationary ladders, stairs or ramps shall be equipped with latching and/or locking gates.

Location of fencing required shall be subject to all other applicable ordinances.

The wall of the house or building faced to a pool may be incorporated as a portion of such fence.

Fencing, gates, or both as required by division (A) of this section or, in the case of swimming pool construction or modification, temporary snow fence shall be installed around the entire perimeter of the swimming pool prior to the swimming pool being filled with water. Temporary snow fence shall be permitted to remain for a period not to exceed 90 days from the date such fence is first installed. If the fencing, as required by division (A) of this section, is not installed by the end of said 90-day period, the water in the swimming pool shall be drained and the pool disassembled or otherwise rendered incapable of holding water.

(Am. Ord. 2012-2, passed 5-22-2012; Ord. 2006-4, passed 3-28-2006)

§ 153.294 VIOLATIONS.

Administration of violations.

When the Zoning Enforcement Officer has determined that any fence has been established, restored or maintained, in a manner not in conformity with the terms of §§ 153.265 through 153.272, the Zoning Enforcement Officer shall, in writing, notify the owner, operator or other party responsible for managing and/or maintaining the offending property of the nature and details of the non-conformity and the remedial actions necessary to bring the property into compliance, and that the property must be brought into compliance within 15 days from the date of notice.

The notice shall further provide that the notified party or agent shall have the opportunity to be personally heard by the Zoning Enforcement Officer within the period, and failure to request a hearing shall waive the opportunity to be heard.

The 15 day compliance period may be extended upon written request, for good and sufficient reason.

The failure of the owner, operator or other responsible party to provide or restore visual clearance within the time prescribed shall authorize the Zoning Enforcement Officer to seek an injunction pursuant to ILCS Ch. 65, Act 5, § 11-13-15 requesting the court to authorize the city to do or to have done such work as will establish or restore visual clearance, and to assess the cost of such work, plus the attorney's fees and litigation costs incurred by the city to the owner, operator or other responsible party.

The order of the Zoning Enforcement Officer may be appealed to the Board upon written notice of the appeal being served upon or sent by registered mail to the Zoning Enforcement Officer within ten days after the date of the order.

Public nuisance. Obstruction to visual clearance, as regulated by this subchapter, shall be deemed to be a public nuisance and the City Attorney is authorized to abate the nuisance.

(Ord. 2006-4, passed 3-28-2006)

§ 153.295 ADMINISTRATION, NON-CONFORMING USE AND CONDITIONAL USE VARIANCES AND APPEALS.

Administration. It shall be the duty of the Zoning Enforcement Officer to administer and enforce this subchapter.

Non-conforming use or conditional use variances. Upon application for a non-conforming use or conditional use variance, the Zoning Board of Appeals may, after investigation and public hearing, grant a non-conforming use or conditional use variance from the terms of § 153.287 where such nonconforming use or conditional use variance will not be contrary to the spirit and purpose of this subchapter, and where a non-conforming use or conditional use variance will do substantial justice.

Appeals. An aggrieved person adversely affected by the denial of a permit or decision, determination or interpretation under this subchapter by the Zoning Enforcement Officer may appeal such denial, decision, determination or interpretation to the Zoning Board of Appeals.

Application procedure. Any application for a non-conforming use or Conditional use variance or appeal shall be taken pursuant to the procedure set forth in § 153.365.

(Ord. 2006-4, passed 3-28-2006)