A. Definition: A "fence" is a structure which is a barrier used to mark a boundary or as a means of protection, confinement, screening, or decoration.
B. Fences In Residential Yards: Fences, walls, hedges, and other plantings are permitted in residential yards under the following restrictions:
1. Front yard and side yard to the rear of the house shall be no more than three feet (3') in height. From the rear of the house no more than six feet (6'), up to the front boundary of the yard. No hedges, fence or other plantings (or any portion thereof) will exceed three feet (3') in height within three feet (3') of any street or sidewalk.
2. All other fences, walls, hedges, and other plantings shall not exceed six feet (6') in height above the natural grade level in any yard. No such fence, wall, hedge, or other planting shall be permitted to obstruct traffic visibility on corner lots or other alley or driveway entrances, and hedges, fence and other planting shall be maintained.
3. All fences, walls, hedges, and other plantings shall specifically comply with any state statues regarding height and positioning along roads, streets, and highways within the jurisdiction of the state of Illinois.
C. Security Fences: Security fences are permitted in nonresidential yards up to the property line of a lot with a one foot (1') setback. Such fences shall not exceed ten feet (10') in height. No such fences shall be permitted which would obstruct traffic visibility on corner lots or other alley or driveway entrances.
D. Barbed Wire Fences: No fence consisting or made of barbed wire, or of which barbed wire is a part, or any wire which is charged with electrical current, shall be built or used in residential zones. In business and industrial zones, barbed wire may be placed seven feet (7') or more above the ground when placed in conjunction with a woven wire security fence.
E. Swimming Pools: Every person who owns or is in possession of any premises on which there is situated a swimming pool, either inground or aboveground, with a filtration system, which has a water depth of eighteen inches (18") or more in any portion thereof, shall maintain on the lot or premises upon which such swimming pool is situated a fence, wall, or other adequate structure completely surrounding the pool and constructed so as to make it inaccessible to small children. The fence, wall or other structure must be not less than four feet (4') in height, with no openings large enough to admit a child except through doors or gates. However, this minimum height requirement shall not be constructed to permit swimming pool fences with a maximum height higher than six feet (6'), as set forth in this title. All doors and gates in fences surrounding swimming pools shall be of such a size to completely fill any opening in the fence, wall, or other structure and shall be equipped with self-closing and self-latching devices capable of keeping such gate or door securely closed. The closing or latching devices shall be located not less than four feet (4') above grade or be otherwise inaccessible from the outside to small children. In lieu of self-closing and self-latching devices, the doors and gates must be equipped with locks which shall be kept locked at all times when the pool is not in actual use.
F. Nonapplicable Provisions: The provisions of this section shall not be applicable to fences, walls, hedges, or other plantings which are in existence when this title is adopted, unless the building inspector of the village of Annawan determines that such fence, wall, hedge, or other planting constitutes a danger to public health or safety. The determination of the building inspector shall be in writing and set forth the reasons the fence, wall, hedge, or other planting constitutes such a danger. A copy of written determination shall be mailed to the owner of the premises on which the fence, wall, hedge, or other planting is situated. Such owner may appeal the determination in accordance with the provisions of chapter 11 of this title. (Ord. 244, 6-10-2003)