(A) Purpose. The purpose of a fence is to provide privacy, security, weather control, aesthetic appearance, boundary definitions, utility (snow fences) and the like for residential, commercial, industrial, public and semi-public land uses within the corporate area of the village.
(B) Permit required to erect or alter fence. Unless otherwise provided, no fence or dog run shall be erected or altered until a permit has been secured from the village by the person desiring to erect or alter the fence or dog run as detailed in Article 8. A permit shall be required for alterations to an existing fence if the alteration impacts 25% or more of the fence sections or posts.
(C) General provisions.
(1) Location. All fences permitted in this section shall be located:
(a) Wholly within property lines;
(b) A minimum of one foot from any public sidewalk;
(c) A minimum of ten feet from the curb;
(d) Outside of a sight triangle;
(e) A minimum of 18 inches from an underground utility access structure; drainage structure; telephone, electric, cable television or gas pedestal or in any manner that would interfere with the maintenance for these utilities;
(f) In a manner which does not block access to underground utility access structures or fire hydrants;
(g) A minimum of two inches above finished grade if located in a drainage swale or a drainage easement; and
(h) In a manner which does not inhibit the function of storm drainage structures.
(2) Construction standards. Fences shall be designed and constructed to resist a horizontal wind pressure of not less than 35 pounds per square foot, in addition to all other forces to which they may be subjected. Fences that are leaning at an angle of 15 degrees or greater when measured from vertical are considered dangerous and shall be unlawful.
(3) Maintenance. Fences shall be maintained in accordance with the adopted Property Maintenance Code of the village. Replacement of up to 25% of the fence shall be permitted without a permit.
(D) Fences on lots with residential or institutional uses. (See Figure 16-5-8(D)) Fences on lots with single-unit detached or single-unit attached uses shall meet the requirements for each fence area as illustrated in Figure 16-5-8 (D) below. Barbed wire, razor wire, or makeshift materials such as plywood shall be prohibited on lots with single-unit detached or single-unit attached uses. All fences shall be erected so that the posts and all other supporting members face inward toward the owner's property. The Community Development Director may waive any regulations to fences for institutional uses in order to protect public safety and welfare.
(1) Fences in front yards.
(a) Height. The maximum height of a fence in front yards shall be three feet.
(b) Extension. Fences in front yards shall not extend more than one-third of the length of any street frontage.
(c) Materials. Fences in front yards shall be of non-sight barrier construction and have a minimum opacity of 50%. Fence materials utilized in front yards shall complement fence materials utilized in other yards. Permitted fence materials in front yards shall be only those materials which are designed and intended for use in fence installations and shall be limited to:
I. Vegetation;
II. Wood, chemically treated or naturally resistant to decay;
III. Wood composites;
IV. Aluminum;
V. Vinyl/PVC;
VI. Wrought iron; and
VII. As approved by the Community Development Director.
(2) Fences in exterior side, interior side, and/or rear yards.
(a) Height. The maximum height of a fence in exterior side, interior side, and rear yards shall be five feet, except for fences abutting a major street in § 16-5-2(F)(2)(d) which shall be six feet in height.
(b) Materials.
I. Fence materials utilized in exterior side yards, interior side yards, and rear yards shall complement fence materials utilized in other yards. Permitted fence materials in exterior, interior side and rear yards shall be only those materials which are designed and intended for use in fence installations and shall be limited to:
i. Masonry;
ii. Wood, chemically treated or naturally resistant to decay;
iii. Wood composites;
iv. Aluminum;
v. Vinyl/PVC;
vi. Wrought iron;
vii. Coated chain link; and
viii. As approved by the Community Development Director.
(c) Location.
I. Fences in exterior side yards shall be located no closer to the front yard than the established rear face of the primary building on the lot unless a building entrance is located on the exterior side yard facade in which case the fence may extend three feet past the entrance.
II. Fences in interior side yards and rear yards shall be located no closer to the front yard than the established front face of the primary building on the lot or the primary building on the adjacent lot.
(3) Fences in exterior side and rear yards of through lots.
(a) Height. The maximum height of fences in rear yards of through lots must be five feet, except for fences on through lots which back up to a major street as defined in § 16-5-2(F)(2)(d), in which case the fence must be six feet in height. The maximum height of a fence in exterior side yards of through lots must be five feet.
(b) Location. Fences in exterior side and rear yards of through lots shall be located in line with the fences of adjacent properties. In the case of a corner lot in which the rear lot line of the rear yard abuts the side lot line of the front yard of an adjacent residential interior lot, a structural fence may be erected in the side yard adjoining a street within the area between the rear lot line and the rear of the dwelling unit, provided the fence is placed no nearer to the right-of-way/property line than the required setback for a side yard adjoining a street for the zoning district or planned development, as applicable, in which the lot is located. If the only rear access door to the house is located facing the side yard adjoining a street, the fence may extend along the side of the house to a point not more than three feet past the access door and may encroach no more than five feet into this required setback. The fence setback shall increase back to the required setback at a point no greater than five feet past the rear of the dwelling unit into the rear yard.
(4) Exemptions for residential properties.
(a) In the case of a corner lot in which the rear lot line of the rear yard abuts the side lot line of the rear yard of an adjacent interior through lot (Figure 16-5-8 (D)(4)(i)), a fence may be erected in the side yard adjoining a street within the area between the rear lot line and the rear of the dwelling unit. If the only rear access door to the house is located facing the side yard adjoining a street, the fence may extend along the side of the house to a point not more than three feet past the access door.
(b) In the case of a corner lot in which the rear lot line of the rear yard abuts the rear lot line of the rear yard of an adjacent corner lot (Figure 16-5-8 (D)(4)(ii)), a fence may be erected in the side yard adjoining a street within the area between the rear lot line and the rear of the dwelling unit. If the only rear access door to the house is located facing the side yard adjoining a street, the fence may extend along the side of the house to a point not more than three feet past the access door.
(c) In the case of a corner lot in which the rear lot line of the rear yard abuts a public right-of-way, or a lot line of any lot, public or private, other than a single-family residential lot (Figure 16-5-8 (D)(4)(iii)), a fence may be erected in the side yard adjoining a street within the area between the rear property line and the rear of the dwelling unit. If the only rear access door to the house is located facing the side yard adjoining a street, the fence may extend along the side of the house to a point not more than three feet past the access door.
(d) In the case of a corner lot in which the rear lot line of the rear yard abuts the side lot line of the front yard of an adjacent residential interior lot (Figure 16-5-8 (D)(4)(iv)), a fence may be erected in the side yard adjoining a street within the area between the rear lot line and the rear of the dwelling unit, provided the fence is placed no nearer to the right-of-way/property line than the required setback for a side yard adjoining a street for the zoning district or planned development, as applicable, in which the lot is located. If the only rear access door to the house is located facing the side yard adjoining a street, the fence may extend along the side of the house to a point not more than three feet past the access door and may encroach no more than five feet into this required setback. The fence setback shall increase back to the required setback at a point no greater than five feet past the rear of the dwelling unit into the rear yard.
(e) Privacy fence for patios or decks. The height of a privacy fence erected adjacent to a patio or deck shall not exceed six feet measured from the top of the patio or deck.
(f) Residential use adjacent to a business or industrial use. A fence may be erected at a height not to exceed seven feet adjacent and parallel to a rear or side yard lot line of a property in a residential zoning district which separates such property from a property in a business or industrial zoning district, or from a property being used for a nonconforming use which is permitted in only a business or industrial district.
(g) Residential use adjacent to railroad right-of-way. A fence may be erected at a height not to exceed seven feet adjacent and parallel to a rear or side yard lot line of a property in a residential zoning district along a railroad right-of-way.
(h) Single-unit residential use adjacent to multiple-unit use. A fence may be erected at a height not to exceed six feet along a rear or side yard lot line of a property in a single-unit residential district which abuts a multiple-unit district property line. Attached single-units do not constitute a multiple-unit use.
(i) Single-unit residential use adjacent to a utility use. A fence may be erected at a height equal to six feet along a rear or side yard lot line of a property in a single-unit residential district which abuts a lot line of a parcel of property improved with a major utility structure and is not used for dwelling purposes.
(j) Single-unit residential use adjacent to a non-residential use. A fence may be erected at a height not to exceed six feet along a rear or side yard lot line of a property in a single-unit residential district which abuts a lot line of a property improved with a habitable building or structure that is not used for dwelling purposes (such as schools, churches, community centers, public buildings, etc.).
(k) Single-unit residential use adjacent to a public or private recreational use. A fence may be erected at a height not to exceed six feet along a rear or side yard line of a property in a single-unit residential district which abuts a lot line of a property that is not used for dwelling purposes and is improved with, and has a principal use of, a public or private recreational use such as, but not limited to, a swimming pool, tennis courts, basketball courts, golf course, driving range, or mini-golf facility.
(l) Single-unit residential use adjacent to public park and/or stormwater management facilities. A fence may be erected at a height not to exceed six feet along a rear or side yard lot line of a property in a single unit residential district which abuts a lot line of a property that is not used for dwelling purposes and is specifically dedicated for park uses or stormwater detention/retention use, or a combination thereof. This shall not include land used solely for pathways, sidewalks or other pedestrian or bicycle paths.
(E) Fences on lots with business uses.
(1) Height. The maximum height of fences on a lot with business uses shall not exceed seven feet.
(2) Location. Fences on lots with business uses shall be limited to the rear yard and interior side yard only.
(3) Materials. Permitted fence materials on lots with business uses shall be only those materials which are designed and intended for use in fence installations and shall be limited to:
(a) Masonry;
(b) Wood, chemically treated or naturally resistant to decay;
(c) Wood composites;
(d) Aluminum;
(e) Vinyl/PVC;
(f) Wrought iron;
(g) Coated chain link; and
(h) As approved by the Community Development Director.
(F) Fences on lots with industrial uses.
(1) Height. The maximum height of fences on a lot with industrial uses shall not exceed eight feet.
(2) Location. Fences on lots with industrial uses shall be limited to the rear yard, interior side yard, and exterior side yard.
(3) Barbed wire. Barbed wire may be utilized and shall be limited to a maximum height of one foot, and a maximum of three strands of wire. The barbed wire shall not be included in the determination of fence height.
(G) Dog runs.
(1) There shall be no maximum area for a dog run, except under the following circumstances:
(a) Any dog run with any type of a cover over the top shall be limited to a maximum area of 100 square feet.
(b) A dog run constructed to a height greater than five feet in accordance with § 16-5-9(G)(4) shall be limited to a maximum area of 100 square feet.
(2) Dog runs shall be permitted in the buildable area of the rear yard only.
(3) Dog runs shall not be permitted in any side yard or front yard.
(4) The maximum height of a dog run shall be six feet.
(5) A dog run constructed for the purpose of providing a secure enclosure for a dangerous, vicious or ferocious dog shall conform with the requirements of § 9-3-11 of the Village Code.
(H) Swimming pools. All swimming pools, hydromassage, spa and hot tubs shall meet all applicable Building and Property Maintenance Codes adopted by the village with respect to fence and safety barrier requirements.
(I) Tennis courts. Tennis courts may be totally enclosed with an open-type fence. The height of the fence shall not exceed 12 feet.
(J) Other athletic facilities. All other fence-type enclosures for athletic facilities shall be approved by the Plan Commission, after a review of a site plan of the proposed improvement and the surrounding area.
(Ord. 2021-05-15, passed 5-3-2021; Ord. 2021- 08-33, passed 8-2-2021; Ord. 2022-01-04, passed 1-13-2022; Ord. 2022-03-16, passed 3-21-2022; Ord. 2022-05-21, passed 5-2-2022; Ord. 2022-09-39, passed 9-6-2022)