Article submitted by Jamie Fleury, The Pilot News Staff Writer
During the regular October meeting, the Bourbon Town Council held a Public Hearing on Ordinance 2022-04 Fence Fee Permit to clarify some conflicting language in the town’s Zoning Ordinance and to establish a fence permit fee of $25.
The Town of Bourbon, among other municipalities, entered an interlocal agreement in 2013 with the Marshall County Plan Commission to process permits. Zoning Ordinances established in each municipality differ. A fence permit fee is $25 when applied for on Marshall County’s online permitting site. That fee covers the permit and inspection.
The Town of Bourbon’s Zoning Ordinance contains conflicting language. While it does contain a requirement to apply for a permit for fences, walls, and hedges – it also contains an exemption for those placed outside of public right of way; thus nullifying the requirement to obtain a permit. A fence permit fee has never been previously established by the town.
The Bourbon Plan Commission voted to remove the language regarding the exemption to clarify the town’s ordinance to require a permit and include a fee to cover the cost set forth by the county in the amount of $25.
Byers asked if it was required to obtain a permit for any type of fence. Bourbon Zoning Consultant Chuck DeWitt confirmed that the inspection and fee was required for any type of fence because the ordinance contains restrictions on height, type and location.
Council member Terry Clemens asked about existing fences that needed replaced. DeWitt confirmed that a fence permit would be required to replace the fence, but not to simply take it down. The inspector would ensure that the fence, or replacement fence, was in compliance with the town’s regulations.
Member Les McFarland questioned the enforcement of a fee that has not been officially adopted by the town. DeWitt said, “Well. It just was an oversight on everybody’s part. One place it says we require permits, inspections and everything else. But it’s clear back to the back of the book where this one little sentence is there.”
McFarland advocated for residents against the $25 fee. He made a motion to send Ordinance 2022-04 back to the Plan Commission on first reading with support to inspect the fence for conformity to the town’s standards but with a recommendation to leave out the $25 permit fee. Clemens seconded the motion.
In old business, the council had tabled the Memorandum of Understanding between the Town of Bourbon and Real Services last month for their use of the Matchett Center for further review. The council approved that memorandum. They also approved Ordinance 2022-02 Matchett Center Fee Schedule for 2023 as presented on second and third read.
The council also approved Ordinance 2022-03 – Establishing Opioid Funds to receive monies from the opioid lawsuit settlements in payouts scheduled over the next twenty years.
Leaf Pick up in the Town of Bourbon begins Thursday, October 20.
A reminder that Trick or Treat will be observed on Monday, October 31 from 5 p.m. to 7 p.m.
