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Excerpts from Plan Commission Minutes of May 7, 2009 continued: <br /> permit would provide sufficient evidence if a problem occurred. The permit would determine <br /> fault if there was any. <br /> Mr. Jackson asked if the permit would require property owners to research their property lines <br /> and require them to draw where they are going to erect their fence. He questioned what is to <br /> keep someone from putting their fence three (3) feet on his neighbor's property since there is no <br /> one checking on this. Ms. Ashe stated this puts the burden of proof on the person erecting the <br /> fence. Ms. Stickle stated it is also on the honor system. <br /> Mr. Jackson asked how the fee of twenty-five dollars ($25.00) came about. Ms. Ashe said it is <br /> the cheapest permit the City offers. It will help cover the filing costs but is not burdensome on <br /> anyone erecting the fence. <br /> Mr. Dave Anderson asked if the fence would be inspected. Ms. Ashe said the inspectors in the <br /> Construction Inspection Division will go out and inspect the fence. <br /> Mr. Anderson asked if this was only for new fences and if fences already erected would be <br /> grandfathered in. Ms. Ashe stated this only applies to new fences. If you have an existing fence <br /> you do not have to apply for a permit. If you replace a fence you would have to get a permit. <br /> Mr. Anderson asked if you repaired a fence would you have to pull a permit. Ms. Ashe stated if <br /> you are only repairing the fence you do not have to pull a permit. If you alter the fence you <br /> would have to get a permit. <br /> Mr. Mickler asked in Section XXIII (Non-Conforming Uses), Paragraph A (Generally) 1., what <br /> is the difference between the Zoning Ordinance and the land use and development regulation. <br /> Staff explained that the land use and development regulations refer to the Zoning Ordinance and <br /> are not in conflict. <br /> Mr. Livingston asked how much of a burden and cost is being put on the property owner to <br /> research their property lines. Ms. Ashe stated if the property owner is unaware of their property <br /> lines they would have to hire a surveyor if they wanted to put the fence on the property line. A <br /> fence can be constructed a foot in from your property line if you do not know exactly where the <br /> property line is. This puts the responsibility on the property owner. Staff has found that it <br /> becomes more of a cost later on if you accidentally put the fence on your neighbor's property <br /> and have to go through the court system. The City is trying to alleviate a lot of these problems at <br /> the front end, being pro-active instead of re-active. Ms. Stickle said a plat is available through <br /> the County that will show them their property pins and staff would be happy to answer any <br /> questions they have. <br /> Chairman Terry Smith asked who would determine if the work on the fence would be a repair or <br /> an altering of the fence. Ms. Ashe deferred this question to Mr. Randy Johner. <br /> Mr. Randy Johner was sworn in by Mrs. Poland. <br /> Mr. Johner stated he and his staff will be responsible for issuing the permits and performing the <br /> inspections. He said the answer to the question Chairman Smith had about fence repairs is <br /> basically if any work is done as a repair it will not require a permit. The inspectors will have to <br /> determine if it is a repair or an alteration of the fence. Mr. Johner stated if the property owner <br />