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1310.08 Fences and Walls. No fence or wall may be constructed or erected in violation of any of the following restrictions, unless a variance is obtained as provided in Section 1315. Any fence or wall existing on the date of adoption of this Section contrary to the following restrictions but in compliance with former regulations will be permitted to remain as a non-conforming use, but will not be extended or replaced contrary to the following restrictions. Fences over 3 - 1/2 feet in height shall comply with the following requirements:

(a) Shall not be higher than 6’ unless it is a chain link or wire mesh fence used for athletic purposes such as tennis courts, racquetball courts and similar type of facilities.

(b) Shall be setback from the lot line a distance equal to two-thirds of the height, unless the owner of the adjoining property agrees in writing to a lesser setback. The agreement from the adjacent property owner must be submitted to the City prior to fence construction.

(c) Shall comply with the visual clearance requirements of Section 1310.07.

(d) Shall not be constructed in the lakeshore setbacks described in this section.