(a) Zoning Certificate Required.
(1) The installation of any fence or landscaping wall shall require the approval of a zoning certificate unless specifically exempted from the certificate requirement in this code.
(2) Zoning certificates are not required for repairs of existing fences or landscaping walls. However, such work or structures are still subject to the applicable standards of this section. The replacement of an existing, conforming fence or landscaping wall with a similar fence or landscaping wall shall not require a zoning certificate.
(3) Replacement of nonconforming fences or landscaping walls shall be subject to Section 1111.03(g).
(4) A zoning certificate shall not be required for short sections of fencing or landscaping walls that are designed as an architectural feature or utilized for decorative purposes and are not intended to enclose an area of land. Such sections shall not exceed twenty-five (25) feet in length and shall comply with the vision clearance requirements of this code.
(5) Hedges, shrubbery, trees, bushes and plantings shall be excluded from classification as fences but shall:
A. Be planted in a manner that the trunk of the hedge is located a minimum of one-foot from the lot line; and
C. Where trimming is required to maintain intersection visibility, and such trimming is not done within ten (10) days after notice by the Zoning Administrator, the employees of the Village shall enter upon the property and trim the shrubbery, hedges or trees at the expense of the property owner. Any shrub, hedge or tree found to be located upon public property may be removed by the Village at any time.
D. Hedges shall not be planted in a row to imitate a fence or landscaping wall unless approved in the same manner as a fence or landscaping wall in accordance with this section.
(b) General Requirements.
(1) Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to landscaping walls and vice versa.
(2) All fences and landscaping walls shall be subject to the intersection visibility requirements of Section 1111.04.
(3) All fences and landscaping walls, and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or landscaping walls on adjoining properties.
(4) A zoning certificate shall be required for each property on which a fence or landscaping wall is installed when a connection of existing fences or landscaping walls is proposed on two (2) different properties. Such applications shall also include signatures of both property owners to document the agreement of such connection.
(5) Fences or landscaping walls are permitted along property lines provided only one fence or landscaping wall is located on the lot line.
(6) The smooth finished side of the fence or landscaping wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two similarly finished sides, either side may face the adjacent property.
(7) Posts, poles, or other mechanisms used to secure the fence to the ground or support the fence shall be located on the inside of the fence (i.e., located on the property of the applicant).
(8) All diagonal or supporting members shall face the property on which the fence or landscaping wall is constructed.
(9) All fences and landscaping walls shall be maintained in a neat and orderly manner.
(10) Landscaping walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require the written permission from the applicable utility company. Without such permission, the fences are subject to removal without notice by utility companies or the Village when work is being done in the utility easements. Fences shall not be placed in any Village easement unless the plat specifically permits the placement of such fence. The Village of Centerburg is not responsible for the determination of easements on private properties.
(11) Replacement of fences removed by the Village or utility company shall be at the property owner's expense.
(12) Fences and landscaping walls shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or storm water drainage in any zoning district. Solid fences and landscaping walls shall be designed to direct water to drainage channels or other outlets to eliminate the possibility of the accumulation of water behind the landscaping wall.
(13) It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or landscaping wall does not deviate from the plans as approved by the Zoning Administrator issuing the zoning certificate, and that the fence does not encroach on another lot or existing easement. The issuance of the zoning certificate and any inspection by the Village shall not be construed to mean that the Village has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or her herein.
(c) Prohibited Fences.
(1) No person shall erect or maintain anywhere in the Village a fence or landscaping wall equipped with or having barbed wire, spikes, sharp points, or any similar device except in the ID and P-I Districts for the purposes of security.
(2) No person shall erect or maintain anywhere in the Village a fence or landscaping wall that has an electrical charge.
(d) Measurement.
(1) The maximum fence or landscaping wall height shall be measured from the lowest point within three feet on either side of the fence to the top most portion of the fence between posts. See Figure 1111-H. The structure posts, finials, or other decorative architectural details may exceed the maximum height allowed in this section by up to six inches.
Figure 1111-H: Illustration of the measurement of the height of a fence based on the grade.
(2) Fencing or landscaping walls should follow the natural contour of the land on which it is located. See Figure 1111-I.
Figure 1111-I: This illustrates how fencing is measured along a natural contour.
(3) A fence may be erected on top of a landscaping wall but the combined height of the fence and landscaping wall shall not exceed the heights specified within this section for a fence or landscaping wall. Fences or landscaping walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.
(e) Front Yard Fences and Landscaping Walls.
(1) The maximum height of a fence or landscaping wall, or combination thereof, in any front yard shall be thirty (30) inches.
(f) Side and Rear Yard Fences and Landscaping Walls.
(1) The maximum height of a fence or landscaping wall, or combination thereof, in any side or rear yard in the shall be six (6) feet.
(g) Nonconforming Fences and Landscaping Walls.
(1) Where a nonconforming fence or landscaping wall is to be maintained or repaired, such nonconforming fence or landscaping wall may continue to exist. Repair or maintenance shall include any general maintenance of a fence or landscaping wall while still in place or a portion of a fence or landscaping wall may be removed temporarily for repair or maintenance work provided the same fence or landscaping wall is replaced in the same position.
(2) If fifty percent (50%) or more of the length of a nonconforming fence or landscaping wall is to be removed and replaced, even as part of maintenance, such replacement shall conform with the requirements of this code and shall require the issuance of a new zoning certificate. Such fifty percent (50%) shall be the aggregate over the course of time, following the effective date of this code, so that full, conforming replacement, shall be required once fifty percent (50%) of the length has been removed, no matter if done as a whole or partially over time.
(Ord. 2023-16. Passed 6-5-23.)