§ 18-1010. Required.

(a)

For the purposes of this section, a change of use occurs when residential property is converted to commercial use or upon any change of ownership or occupancy of property devoted to commercial purposes.

(b)

Any person desiring a building permit for the construction of a building to be used for any purpose other than as one or two living units, desiring to change the use of any building or using a building for any occupancy use other than as a residential occupancy as described in the building code shall erect a permanent, opaque fence at least six feet in height, which extends downward to within three inches of the ground and which shall test plumb and square throughout its length at all times between such building and:

(1)

An existing one- or two-living-unit structure occupied or capable of being occupied on the date the building permit is sought or on the date the change in use occurs; or

(2)

An existing vacant property which is subject to valid and current one- or two-family residential deed restrictions.

(c)

A buffer fence need not be constructed if a permanent, opaque fence at least six feet in height above the natural ground is already existing and meets the requirements of this section. If such existing fence is thereafter destroyed or removed, the owner of the nonresidential property shall rebuild or restore such fence. It shall be unlawful to fail to comply with this division, and a building permit which fails to list required fencing shall be voidable at the election of the city.

(Code 1967, § 7-30; Ord. No. 1072, § 1, 2-25-71; Ord. No. 3750, § 1, 1-12-84; Ord. No. 4104, § 1, 3-28-85; Ord. No. 5162, § 1, 12-8-88; Ord. No. 6141, § 2, 1-21-92)