(a) No fence or wall shall be erected or constructed until an application therefor has been filed with the Building Commissioner, accompanied by evidence that adjoining property owners and any property owner directly across the street from the property on which the proposed fence or wall is to be erected or constructed have been given at least ten (10) days written notice of the proposed application. Such notice shall include a drawing which adequately represents the location of the proposed fence or wall, the height of same and its design, materials and color. The notice shall be deemed given when delivered personally or three (3) days after having been posted, certified U.S. mail, return receipt requested to the residence address of the person to whom notice is required to be given.
(b) The Building Commissioner shall review each application to determine its compliance with this Chapter. No permit shall be issued before the notice period described in Section 1171.06(a) has expired.
(c) The Building Commission shall forward the application to the Architectural and Design Review Board for its review and comment and notify the applicant and any party filing an objection of the Board’s review whenever:
(1) A fence or wall includes gates and/or decorative supporting structures that are located in a front yard and are visible from a public street.
(2) The fence or wall is located in the Shoreline Setback area an RLF or R-1 District.
(3) The applicant proposed to erect more than one style or type of fence on a property.
(4) In any case where the Building Commissioner has determined that the submission may not comply with the regulations hereunder or where a party to whom notice is required to be given has filed an objection.
(d) If the Architectural and Design Review Board does not approve of such application, the Building Commissioner shall not issue the permit.
(e) Each property owner shall determine property lines and ascertain that the fence or wall thus constructed does not deviate from the plans as approved by the Building Commissioner and does not encroach upon another lot or parcel of land.
(f) The Village shall furnish such inspection as is deemed necessary to determine that the fence or wall is constructed in accordance with approved plans, provided, however, that the issuance of such permit by the Village shall not be construed to mean the Village has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed on him/her herein.
(Ord. 4116. Passed 9-22-21.)