(a) As used in this section:
(1) “Chain link fence” means a fence consisting of loops of wire interconnected in a series of joined links. It is not an open or open or ornamental fence.
(2) “Deer fence” means a mesh-type black or green plastic fence with fence posts of matching color designed and constructed for the purpose of preventing deer from gaining access to any part or all of a parcel of property.
(3) “Entry feature fence” means a fence, wall, pillar or pier located near a driveway of a property, which is visible from a public or private right-of- way, the effect of which is to identify an entrance to the property.
(4) “Living fence” means a fence consisting of the natural growth or placement of hedges, trees, bushes, plants or a combination thereof into a vision-obstructing or solid fence.
(5) “Open or ornamental fence” means a split rail or board fence which, as viewed at 90 degrees from the fence line, shall be at least 65% open and unobstructed.
(6) “Privacy fence” means a fence constructed so as to prevent public view and to provide seclusion.
(7) “Property line wall” means a stone wall, located on or near the property line or along a right-of-way.
(8) “Security fence” means a fence designed and constructed for the purpose of protecting persons and property.
(b) Properties shall generally be open and unfenced. However, open or ornamental fences, living fences or chain link fences as described hereafter may be permitted under the following restrictions. Deer fences may be conditionally permitted, as provided by division (j) of this section. Property line walls and entry feature fences may be conditionally permitted, as provided by division (k) of this section.
(c) An open or ornamental fence may be five feet high; the posts may be six feet high, and shall be made of natural materials.
(d) A living fence shall be planted so as not to overhang adjacent property.
(e) A privacy fence may be seven feet high and shall be made of natural materials and would include wood or stone and any other natural material.
(f) A chain link fence is permitted around the garden, tennis court or pool patio or to contain domestic pets. It shall not be located in the front yard of a property, unless totally obscured by an exterior living fence, and shall be set back at least ten feet from any property line.
(g) In the event a stockade, board or similar fence having a finished and unfinished side is constructed, the finished side of the fence shall face toward the contiguous adjoining properties or street, and the unfinished side shall face toward the lot upon which the fence is constructed. All such fences shall be attractively finished on the side or sides facing contiguous adjoining properties.
(h) No fence shall be located in the right-of-way of a public or private road or street.
(i) The height of a fence shall be measured from the approved grade to its highest point, and the mounding of earth at or near the fence line shall not be permitted except in accordance with a plan approved and a permit issued from the Planning and Zoning Committee.
(j) Deer Fences.
(1) A deer fence is permitted which surrounds a garden, orchard or other point of horticultural interest on a parcel of property and which is not located at any point on the perimeter of the property. Such deer fence may only be located from the rear of the home to the rear property line. It may not be seen from public or private roads or streets. Such fences shall be permitted without action by or notice to the Village.
(2) Deer fences which do not meet the conditions set forth in division (j)(1) of this section are permitted for a period of two consecutive years upon the establishment of the following conditions to the satisfaction of the Planning and Zoning Committee:
A. The fence will be adequately screened so as to be not visible from any public or private road or street or from any neighboring properties.
B. Alternatively, the applicant may establish that the adjacent neighbors who will be able to see the fence do not object to being able to see the fence.
C. In the event that the fence is visible from a public road or street, the applicant must demonstrate both the need for the fence and the inability to provide the appropriate screening.
D. The Planning and Zoning Committee may establish such further conditions as it deems necessary for the protection of the Village's appearance, health, safety and welfare, including but not limited to conditions for the protection of wildlife and the rural character of the community. The Building Inspector shall maintain a copy of such conditions.
(3) Deer fence permits may be renewed without cost for a period not to exceed two years, upon the demonstration by the applicant to the Building Inspector that the fence has been properly maintained, no neighbors who are able to view the fence object to the fence's continued visibility, and that none of the conditions of the permit have been violated. In the event a neighbor who can see the deer fence objects to the continued visibility of a deer fence, the applicant must apply to the Planning and Zoning Committee for approval and a permit in the manner set forth above.
(k) Property Line Walls and Entry Feature Fences.
(1) Property line walls and entry feature fences shall be conditionally permitted by the Planning and Zoning Committee, based upon the criteria in this section.
(2) Property line walls and entry feature fences shall relate to, and be consistent with architectural features of structures located on the same property, which are visible from the proposed wall or entry feature.
(3) Property line walls and entry feature fences shall be natural stone, dry-laid or with deeply raked mortar joints. Those walls shall not exceed four feet in height, except that their end piers may be five feet high. The walls and piers may be capped with the same stone, within the height limits specified.
(4) The gates of an entry feature fence may be wood, left to weather to a natural finish, or such color as may be approved by the Planning and Zoning Committee, or wrought iron, painted black, dark brown or dark green of a simple design. The gates shall not exceed six feet in height.
(l) Permit Required. All persons erecting or building a fence, retaining wall, landscape mound or earthen berm three feet in height or higher shall obtain a permit from the Village and pay the permit fee as established by Council.
(Ord. 2002-05. Passed 1-15-03; Ord. 2009-18. Passed 11-23-09.)