Seiling City Zoning Code
GENERAL PROVISIONS
§ 154.01 RULES OF WORD CONSTRUCTION.
When used in this chapter, words used in the present tense shall include the future, and the singular number shall include the plural; the word “building” shall include the word “structure”; the word “lot” shall include the word “plot”; and the word “shall” is mandatory and not directory.
(Prior Code, § 11-1-1)
§ 154.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.
ALLEY. A public thoroughfare which affords only secondary means of access to abutting property.
BUILDING. Any structure. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate structure.
DWELLING. Any building, or portion thereof, which is designed for use for residential purposes.
DWELLING, MULTIPLE. A building designed for occupancy by three or more families.
DWELLING, SINGLE-FAMILY. A building designed for occupancy by one family.
DWELLING, TWO-FAMILY. A building designed for occupancy by two families.
FAMILY. One or more persons occupying a dwelling and living as a single housekeeping unit as distinguished from a group occupying a “lodging house” or “hotel”, as defined herein.
GARAGE APARTMENT. A living unit erected above a garage for not more than one family.
HOTEL. A building used as an abiding place for more than 20 persons who are, for compensation, lodged with or without meals.
LODGING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 20, persons, in contradistinction to hotels open to transients.
LOT. A parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings, and uses customarily incidental thereto, including the open spaces required by this chapter.
MOBILE HOME. Any manufactured unit used for dwelling or to house human beings which is so constructed that it has wheels and axles attached and can be moved from place to place, including any such manufactured unit which has been placed upon a permanent foundation with the wheels covered or removed.
MOBILE HOME PARK. Any area used to hire, to park or to place a “mobile home”, as defined herein.
NON-CONFORMING USE. The use of any building or premises contrary to the use regulations of this chapter for the district in which the premises is located.
STREET. All property dedicated or intended for public or private street purposes or subject to public easements therefor.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
(Prior Code, § 11-1-2)
Cross-reference:
Rules of interpretation, see § 10.08
§ 154.03 NON-CONFORMING BUILDINGS, STRUCTURES AND USES.
(A) Continuance of use. The lawful non-conforming use of buildings, structures or premises as of the date of annexation of same into the corporate limits of the town or as of the time of the effective date hereof may be continued, although such use does not conform to the provisions of this chapter.
(Prior Code, § 11-8-1)
(B) Change of use. A lawful non-conforming use of buildings, structures or premises may be changed to another lawful non-conforming use of a more restricted classification or to a conforming use; however, such use shall not thereafter be changed to a less restricted use, and this chapter shall apply, whenever the use of said buildings, structures or premises becomes non-conforming through a change in this chapter.
(Prior Code, § 11-8-2)
§ 154.04 FENCING.
(A) Purpose. To establish standards for the placement of fences.
(Prior Code, § 11-10-1)
(B) General provisions.
(1) For the purposes of this section, walls, latticework and screens shall be considered to be FENCES (and shall be used interchangeably) and shall be built and maintained in compliance with the provisions herein. Landscaping, shrubs, plants and the like are not considered FENCES and do not need to comply with the provisions contained in this section. Fence posts, gates and other fencing materials installed on a property shall also be in compliance with the provisions herein, including, but not limited to, height, setback and material.
(2) No fence shall be constructed or installed in any zoning district without conforming to these regulations.
(3) Fences shall be built entirely upon the property they are intended to serve.
(4) Fences built across or on easements must allow access to the entitled parties of the easements for maintenance purposes. Should maintenance by entitled parties of said easements result in damage or dislocation of fences, the owner of the property on which said fence is located, at his or her expense, shall be responsible for any repairs or reconstruction of said fences.
(5) The property owner shall be responsible for keeping fences structurally sound so as to not endanger life, property or become a nuisance and for keeping fences free from graffiti.
(6) Fencing over three feet in height should not be allowed, placed, erected, or constructed in any “vision triangle”. VISION TRIANGLE is defined as measuring from the intersection of the edges of two adjacent roadways 40 feet along each roadway and connecting the two points with a straight line. The edge of the roadway shall be defined as the curb or where the curb would be if no curb is installed. Driveways are not considered roadways for this definition.
(7) While the town generally prohibits the placement of fencing in public right-of-way areas along residential zones, fencing that is placed in a public right-of-way in a residentially zoned area, whether intentionally or accidentally, is subject to the following conditions whether the fencing is placed in existing or future public right-of-way areas when in residential zones.
(a) Fencing shall be removed by and at the property owner’s expense within five days of a request by the town to remove said fencing.
(b) Fencing can be removed by the town after the five-day deadline has expired, without the property owner’s permission and without compensation to the property owner, and with or without notification, as necessary for utility or right-of-way maintenance/improvements for any existing or future public right-of-way area.
(Prior Code, § 11-10-2)
(C) Prohibited fencing.
(1) (a) Electric, concertina, barbed or razor wire fences in all zoning districts shall be prohibited excepting: commercial and industrial zoning districts may utilize electric, concertina, barbed or razor wire fencing, but only as the top section of the fence.
(b) The beginning of said top section must be at least six feet above grade. This exclusion shall not apply along the front property line and the side property lines within 20 feet of the front property line for all properties fronting a minor or major arterial roadway.
(2) The following materials shall not be utilized for fencing:
(a) Boxes;
(b) Broken or decaying wood;
(c) Broken masonry blocks;
(d) Sheets of plywood;
(e) Hubcaps;
(f) Pallets; and
(g) Other unsightly materials as determined by the Planning and Zoning Commission.
(3) (a) Decorative corrugated metal may be used as fencing material on a case-by-case basis as determined by the Planning and Zoning Authority. To be considered for approval, it must meet the following standards.
(b) If located within any residential zone or abutting a residential zoned property, all exposed edges along the top and outer sides of the decorative corrugated metal fence must be dressed so that no sharp edges are exposed.
(Prior Code, § 11-10-3)
(Ord. 2021-8, passed 9-20-2021)