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City of Seward, NE
Seward County
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Table of Contents
Table of Contents
Except as otherwise specifically provided in other codes, ordinances or resolutions, the following regulations shall apply to the construction and placement of fences:
A. 
No fence shall be constructed which will constitute a traffic hazard.
B. 
No fence shall be constructed in such a manner to be of such design as to be hazardous or dangerous to persons or animals; specifically, the use of barbed wire and electrical fences in residential districts is prohibited. Exception: Barbed wire may be used on the top of fences on public grounds; barbed wire and electric fences may be used within the Transitional Use District controlling the confinement of livestock.
C. 
No fence shall be constructed on a public right-of-way unless approved by the City Council.
D. 
All fences constructed shall conform to the construction standards of the 2012 International Building Code.
E. 
No fence shall be constructed or moved until a building permit shall have been procured from the Building Inspector's office and the appropriate fee paid. Exception: Fence permits are not required within the Transitional Use District controlling the confinement of livestock.
F. 
It is recommended that the owner have a survey completed, locating the property lines and any easements of record where the fence is to be installed. It is the owner's responsibility to know where his/her property lines are located.
G. 
Before digging or excavating, the owner or contractor shall contact Diggers Hotline.
H. 
Access shall be allowed and provided for the maintenance of all existing utility lines, poles, wires, transformers or manholes.
As used in this article, the following terms shall have the meanings indicated:
FENCE
Any vertical structure, other than a building or plant material, which is for the purpose of the obstruction of visual observation or for the purpose of obstructing pedestrian, automotive or animal movement or for the purpose of beautification, and which is attached to the ground or to a building, but excluding retaining walls.
Please refer to the illustrated drawing at the end of this Article XIII, incorporated herein by reference.
A. 
Residential districts.
(1) 
Front yard: a fence not more than 48 inches in height and not more than 30 inches within the sight triangle on a corner lot or the sight triangle adjacent to an alley.
(2) 
Corner lot second frontage (street side yard): a fence not more than 30 inches in height within the sight triangle on a corner lot or the sight triangle adjacent to an alley.
B. 
Commercial/Industrial districts.
(1) 
Fences shall be located and constructed as per landscaping/screening requirements for the district.
(2) 
Sidewalks/Alleys: A fence shall not be constructed within two feet of any public sidewalk or within one foot of any alley.
A. 
Any fence, or part thereof, erected within that part of any lot, block or other tract of land which is subject to an easement for the construction, maintenance, operation or replacement of any water, sanitary or storm sewer, gas line, electric line, cable television or telephone line or other utility poles, wires or cables shall be constructed of such material and so designed as to be readily removable, as determined by the Building Inspector and appropriate departments or utilities. Such fences shall be subject to removal by the City/utility or may be contracted by the City/utility for removal whenever necessary for the construction, maintenance or replacement of any utility line or apparatus. Fences shall be removed or replaced at the expense of the owner of the premises. Replacement shall be the responsibility of the owner of the premises.
B. 
In the event that an existing fence violates the public right-or-way or an easement and the City deems it necessary to remove the fence for reasons of street or utility work, said fence shall be removed at the property owner's expense. Replacement shall be the responsibility of the owner of the premises.
A. 
All fences shall be constructed of wood, metal, plastic, fiberglass or masonry materials, shall be structurally sound, shall have a neat and finished appearance and shall be straight and true.
B. 
Fences shall be so constructed so as to have the finished side facing adjacent properties and street frontages.
C. 
Fences shall not be constructed within two feet of any public sidewalk or within one foot of any alley.
D. 
Fences must be maintained in good repair. The Building Inspector may order any dilapidated, listing, dangerous, unsound or nonconforming fence to be repaired or removed.
Permit fees shall be paid upon application for a fence permit and shall be assessed as per the fee schedule adopted under Article II, Building Permits, of this chapter. The minimum fee shall be $25.
225 Minute Record.tif