(A)   Permit. It shall be unlawful for any person, firm or corporation to construct, or cause to be constructed, any fence or wall on any property within the township, except in accordance with these regulations. Any person, firm or corporation desiring to construct a fence or wall that is subject to these regulations shall first obtain a fence or wall permit from the Zoning Official.
   (B)   Fee. The fee for a fence or wall permit shall be according to the Building Department fee schedule, and may be amended, by resolution of the Township Board. The fee shall be paid to the Township Treasurer at the time of application for the permit.
   (C)   Location. All fences and walls shall be located entirely on the property of the owner of the fence or wall and shall not encroach into any right-of-way. A property must be surveyed if survey corner markers cannot be located. A fence or wall maybe constructed on the common property line subject to a written agreement between adjoin property owners. Fences or walls on lots abutting a body of water shall be set back 50 feet from the high water line.
   (D)   Height. Fences or walls located on lots used primarily for a residence shall comply with the following regulations.
      (1)   Only ornamental-type fences or walls shall be located in a required front yard and shall not exceed four feet in height. Any ornamental or decorative fence or wall shall be constructed so that the ornamental or decorative features of the fence or wall face outward from the owner’s property.
      (2)   Fences or walls located in any required side yard or required rear yard shall not exceed six feet in height.
      (3)   Fences or walls on any commercial lot shall not exceed eight feet in height. Fences or walls in a front yard shall not be permitted in a commercial district except where required by the Planning Commission.
      (4)   Fences or walls on any industrial lot shall not exceed 12 feet in height and when located in the front yard, shall require a minimum of 50% see-through opacity.
      (5)   In determining the maximum height of a fence or wall that separates two adjoining lots that is located within two feet of the common lot line, the maximum height at any point shall be measured from the highest grade at that point within two feet on either side of the common lot line.
   (E)   Materials. Fences and walls shall be constructed of materials commonly utilized for permanent fencing or walls unless otherwise approved by the Planning Commission.
   (F)   Vision clearance.
      (1)   Fences and walls shall be constructed in accordance with § 154.210.
      (2)   A fence or wall that is located at the intersection of a driveway and sidewalk shall not impede vision between the driveway and sidewalk.
   (G)   Safety.
      (1)   No spikes, nails, barbed wire or other pointed objects or sharp protrusions shall be placed on, attached to, or permitted to remain on any fence or wall below the height of seven feet, except in the case of fences or walls that enclose farmland in which case barbed wire may be permitted at any height of the fence or wall.
      (2)   Fences and walls shall not contain any electric charge or current, except fences or walls that enclose farmland, in which case electrically charged wire shall be permitted, provided that such wire shall be attached to the inside face of the fence or wall posts. All electrically charge fences or walls shall be of a type and make approved by Underwriters Laboratories (UL).
   (H)   Maintenance.
      (1)   Fences and walls shall be maintained so as to not endanger life or property. Any fence or wall which, through lack of repair, type of construction or otherwise endangers life or property, is hereby deemed a nuisance. If an unsafe condition exists in regard to a fence or wall, the Zoning Official or other authorized person shall serve written notice to the owner, agent or person in control of the property on which such fence or wall is located.
      (2)   The notice shall describe the unsafe conditions, shall specify the repairs or modifications required to make the fence or wall safe or shall require unsafe fence or wall or any portion thereof to be removed. The notice shall provide a time limit for such repairs, modifications or removal to be made.
   (I)   Exemptions. Fences or walls enclosing farmland shall be exempt from the regulations and requirements of this section except divisions (G) and (H) above.
   (J) Standards. The standards set forth in this section are minimum standards and shall not be construed to limit the authority of the Planning Commission or the Township Board to impose stricter standards where a fence or wall is constructed pursuant to a special land permit, planned residential development, site plan or pertinent standard.
(Ord. 1, passed 11-13-2000, § 17.1; Ord. 23, passed 8-10-2015; Ord. 24, passed 4-11-2016)