1137.22  FENCES.
   (a)   The purpose of this section is to establish guidelines and regulations for the location, maintenance and appearance of fences, screening and hedge/plantings in the Village.
 
   (b)   The Zoning Code shall be amended to include the following regulations pertaining to fences erected in the Village:
      (1)   Definitions:
         A.   “Front yard fences, screening, or hedge/plantings” means any of the aforementioned placed from a line that extends perpendicularly from side lot lines to the forward most point of the dwelling or structure including porches and decks.
         B.   “Side yard fences’ screening, or hedge/plantings” means any of the aforementioned placed from a line that extends from the forward most point of the dwelling or structure along side lot lines.
         C.   “Rear yard fences’ screening, or hedge/plantings” means any of the aforementioned placed along the rear lot line.
      (2)   Required permit.  Hereafter, any fence, screening, or hedge/planting that is located within 10 feet of any boundary lot line or is higher than 18" shall require a zoning permit and shall comply with this section.  Fences and screenings may be constructed up to the lot lines (not on the line) with the finished side of the fence not containing the support beams or posts facing toward the neighboring property.
      (3)   Application process.  The application for said permit shall include the following:
         A.   Proof lot lines established by survey.
         B.   Complete description of the fence, screening, or hedge/planting construction, materials and method of construction.
         C.   Detailed diagram of the lot with dimensions of the building, fence and their relationship to each other.  Also diagrams of adjacent properties.
         D.   The fee for said permit is fifteen dollars ($15.00).
         E.   The permit will be reviewed by the Zoning Board to determine compliance with the following regulations.
      (4)   Regulations:
         A.   Front yard fences, screening, or hedge/planting shall not exceed three feet (3') in height.
         B.   Side yard fences and screening, in residential districts, may not exceed seven feet (7') in height, unless they are set back one foot (1') from the boundary line per each foot of additional height.
         C.   Side yard fences, screening, or hedge/planting that extends toward dedicated alleys or streets shall not exceed three feet (3') in height for a distance of twenty feet (20') from the dedicated street or alley.
         D.   Plantings must be set back three feet from the boundary lines.  When plantings are placed between adjacent lots, permanent concrete boundary markers that clearly mark lot lines shall be installed.
         E.   No fence shall obstruct the view of vehicle or pedestrian traffic on public areas.
         F.   No fence shall obstruct the view of the lot of record or adjoining lots as it pertains to the ingress or egress from garages or accessory buildings onto public areas.
         G.   When rear yard fences, screening, or hedge/plantings abut dedicated alleys or streets they shall be set back twenty feet from the right of way.
         H.   Fences a minimum of six feet and a maximum of nine feet are required where general business, neighborhood business or industrial districts abut residential districts.
         I.   Electrified fences are permitted only in agricultural districts and only where they do not abut residential, business, or industrial districts.
      (5)   All fences shall be designed, erected and maintained in accordance with the following:
         A.   All fences shall be maintained in good repair and in their original upright position.
         B.   No fences shall be maintained with protruding nails, boards, wires, or other similar materials.
         C.   All fences shall be constructed of consistent material such as chain link, wood, concrete block, brick, stone, wrought iron or other like material.
         D.   Missing boards, pickets or posts shall be replaced within thirty days of being notified by the Village Administrator.
         E.   All fences shall be constructed with the finish side facing outward from the property or with both sides finished.
         F.   Wood fences shall be constructed of material which is naturally resistant to insects and decay or has been treated to resist insects and decay underground.
         G.   All posts that exceed forty-eight inches in height shall be set in a concrete base.  (Ord. 0-03-17.  Passed 7-22-04.)