1.   Accessory Buildings and Structures. References to accessory buildings includes structures.

   A.   Accessory buildings may not be placed in the side or front yards of properties zoned for residential use or in the front yards of properties zoned for commercial or industrial use. Accessory buildings shall not be nearer to any side lot line than the required distance of the main building. Accessory buildings shall not be nearer than six feet to any rear lot line or alley.

   B.   Accessory buildings shall be constructed out of material intended for long-term exposure to the elements. Prohibited materials include, but are not limited to, cloth, fabric, canvas, plastic sheets, and tarps.

   C.   No accessory building shall be constructed upon a lot until the construction of the main building has been completed.

   D.   In “R-1” and “R-2” Districts each dwelling unit is allowed one private garage: if attached to the primary structure in the buildable area, the footprint may not exceed 1,250 square feet or if detached, the footprint may not exceed 864 square feet. Detached garages may be constructed in the rear yard. All garages must be accessed by a paved driveway. Car ports shall be considered as a private garage and shall be attached to the primary structure or a detached garage and included in the total square footage allowed for a garage. One additional accessory storage building is allowed within the footprint, not to exceed 288 square feet, doors not to exceed six feet in width, and not to be used as a garage. Accessory buildings up to 288 square feet must be located a minimum of five feet from a primary structure and/or garage.

   E.   Shipping containers are prohibited as accessory storage buildings with the following exceptions:

      (1)   Properties located within a C-3 zoning district.

      (2)   Properties located within Commercial and Industrial zoning districts, provided they are completed with exterior finish treatments that are aesthetically compatible with the principal structure on the lot.

      (3)   Containers may not be stacked.

Notwithstanding the preceding, in “R-1” and “R-2” Districts, lots served by a platted alley adjacent to the rear lot line there is allowed one additional detached garage, fronted by and directly accessed from such alley. This provision is not applicable unless an existing dwelling located upon the applicable property currently has a one car attached garage. The combined square footage of both garages cannot exceed the square footage limits specified in the preceding paragraph.

   F.   In “R-1” and “R-2” Zoning Districts, garages and accessory buildings exceeding 150 square feet shall be completed with exterior finish treatments that are compatible with the principal structure on the lot. Pole type buildings are specifically prohibited unless modified to be compatible with the exterior finish treatments of the principal structure on the lot.

   G.   In “R-1” and “R-2” Zoning Districts all unattached accessory structures shall not be more than 15 feet in height.

   H.   Notwithstanding the preceding, in R-1 Districts, on lots equal to or greater than 20,000 square feet in area, the second accessory building must be unattached and may not exceed 3,000 square feet in footprint area and 24 feet in height and may be utilized as a garage. The square footage of the unattached accessory building, together with the square footage of all other structures located upon the lot upon which the unattached accessory building is to be constructed, shall not exceed 30 percent of the total square footage area of the lot. An unattached accessory building constructed pursuant to provisions of the subparagraph must in all cases be located behind the rear building wall of the residence structure and a minimum of 15 feet from a primary structure and/or garage (when located on a corner lot, the unattached accessory building cannot be located on the “street” or front side of the lot). Rear and side yard setbacks shall be a minimum of 10 feet.

2.   Fences.

   A.   No fence or other structure, including hedges, bushes, or trees, shall be either temporarily or permanently located upon any utility easement or other public easement. The City or other lawful user of any such easement shall not be held liable for the removal of or damage to any such fence or other structure which shall have been constructed in violation of this section, and any property owner or tenant who shall act in violation of this section shall assume full and complete responsibility for any such removal or damage.

   B.   Fences constructed of a durable material may be erected to a height not exceeding six feet along the boundaries of a lot, but shall not include barbed wire, razor wire, snow fence, or electric fencing material.

   C.   No fence shall be erected within 30 feet of a street intersection.

   D.   Fences located in front yards shall be limited to decorative fences only, and shall not exceed two and one-half feet in height or eight feet in length.

   E.   Notwithstanding the preceding provisions, in the C-3 zoning district fences shall be permitted in the front yards, providing the fence is constructed of chain-link material and does not exceed eight feet in height.

   F.   Fences may be constructed only upon the issuance of a permit from the Building Official and the payment of such a permit fee as shall be established by the Council. The application for this permit shall be in writing and shall be accompanied by a drawing clearly showing both the proposed location of the fence and a description of such fence.

   G.   There shall be permitted a fence for the use, benefit, and protection of the public (as opposed to a private use, benefit, or protection) to be located at Wescott Park in the City, said location in part extending into the right-of-way of James Street, said fence location shall specifically be subject to the following conditions:

      (1)   Said fence shall be of chain link material, six feet in height.

      (2)   The wire fencing material shall not extend beyond or above a required top rail or other protective cover.

      (3)   The fence shall be offset at a minimum of two locations to permit ingress to and egress from the fenced area.

      (4)   Said fence shall not extend north of a line located nine and one-half feet north of the existing property line of Wescott Park (said line alternatively described as being located six and one-half feet south of the south edge of the existing sidewalk located parallel to James Street). Said fence shall at all points remain south of the utility pole located in the James Street right-of-way.

      (5)   As said fence extends southward in a westerly direction, it shall at all points be located east of a utility pole located at the west edge of Wescott Park property line.

      (6)   The location of said fence in any easement or right-of-way area shall be subject to the needs of any utility company or the City, which needs may require the removal of said fence on a temporary or permanent basis or may cause damage to said fence. The City or other lawful users shall not be held liable for the removal or damage to said fence and shall assume no responsibility for any such removal or damage.

   H.   There shall be permitted a fence for the use, benefit, and protection of the public (as opposed to a private use, benefit or protection) to be located at Victory Park in the City, said location in part extending into the right-of-way of James and Downey Streets. Said fence location shall specifically be subject to the following conditions:

      (1)   Said fence shall be of chain link material, four feet in height.

      (2)   The wire fencing material shall not extend beyond or above a required top rail or other protective cover.

      (3)   The fence shall be offset at a minimum of one location to permit ingress to and egress from the fenced area. The interior centerfield posts shall be protected with padding.

      (4)   The location of said fence in any easement or right-of-way area shall be subject to the needs of any utility company or the City, which needs may require the removal of said fence on a temporary or permanent basis or may cause damage to said fence. The City or other lawful users shall not be held liable for the removal or damage to said fence and shall assume no responsibility for any such removal or damage.

   I.   Temporary fences are fences which are seasonal in nature or located around construction sites, and are not meant to be used as permanent structures. Temporary fences are allowed for a maximum of 180 days. Fences used as “snow fences” cannot be erected prior to October 15 of any given year and must be removed by May 1 of any given year. Construction fences must be removed within 10 days after completion of the project. No temporary fence shall be erected without first obtaining approval from the Building Official and no temporary fence shall be erected and used as a permanent fence.

   J.   Notwithstanding the preceding provisions of this subsection, a fence may be located upon a utility easement located upon the rear yard of a platted lot or specified existing parcel of real estate, subject to the following conditions:

      (1)   No fence permitted pursuant to the provisions of this paragraph shall be constructed without first obtaining a building permit from the Walcott Building Inspector.

      (2)   If the easement width of the property upon which the fence is to be located is equal in width to the easement width on any adjacent lot upon which a continuation of the easement is located, a permitted fence may be located no closer than six feet to the affected property line. If there is no adjacent property upon which an easement is located, or said easement portion located upon adjacent lot is not equal in width to that upon the property upon which the fence is to be located, no fence may be located closer than 12 feet to the property line of the property upon which the fence is to be located. The Walcott Building Inspector may adjust this distance as is appropriate if an easement is partially located upon adjacent property but is not of equal width to the portion located upon the property upon which the fence is to be constructed

      (3)   If the easement area outside the fence to be constructed contains utility structures or other structures, the Walcott Building Inspector may deny approval for fence construction or may direct a location of the fence other than the minimum distances required hereunder. In no case shall a fence constructed under the provisions of this paragraph limit the easement’s use or reduce the usable size as it relates to the primary use or uses of the easement area.

      (4)   In the event the City, or its assignees, or any utility company, or such company’s assignee, determines that it is necessary to relocate, destroy or remove any fence which is permitted to be constructed pursuant to the provisions of this unnumbered paragraph, as a result of the need of said party to access the utility easement for any purpose related to the use of said utility easement upon which the fence is constructed, the City or its assignees, or any lawful utility company or assignees of the same, may relocate, destroy or remove any such fence without liability therefore, and all costs of such relocation, destruction or removal shall be the obligation of the property owner upon whose property a fence is constructed under the provisions of this unnumbered paragraph. If time permits, notice from the City or any utility company will be given to the property owner who shall have a reasonable period of time to relocate, destroy or remove said property owner’s fence. If the same is not accomplished by a date indicated, the City, any utility company, or their respective assignees, may relocate, destroy or remove such fence with costs ascribable to the property owner upon whose property the fence is constructed (nothing in this provision shall be interpreted to limit the right of the City, any utility company or their respective assignees to remove, destroy or relocate any permitted fence in an emergency situation without notice). A property owner, by the construction of a fence in compliance with the provisions of this unnumbered paragraph, is deemed to acknowledge the limitation specified in this unnumbered paragraph (concerning relocation, destruction or removal of a permitted fence) and agrees to hold harmless and indemnify the City, any utility company, their respective agents and assigns, for any and all liability for such relocation, destruction or removal. The cost of the same, if ascribable to the property owner, shall be paid within 15 days of written demand therefore.