(A) A building permit is required prior to the construction or installation of any fence within the corporate limits of the village.
(B) Fences shall be constructed or installed according to the regulations established as follows.
(1) Barbed-wire fences. No person shall erect any fence along any street or alley or other public place within the village of which barbed wire or any other sharp, pointed or dangerous material forms a part, without the prior agreement of the Building Inspector.
(2) Dilapidated fences.
(a) Any fence within the village which has been permitted to become and is sagging, dilapidated or fallen to the ground is hereby declared to be a nuisance and unlawful for the owner thereof to maintain.
(b) Each day that a sagging, dilapidated or fallen fence is permitted to exist, following the filing of a complaint against the owner by the village, shall be considered a separate offense.
(3) Maximum height. Fences in a residential area shall be a maximum height of six feet. The fence may be either solid as to block the passage of light or open that light may pass between the ornamental or structural components of the fences.
(4) Nonconforming structures. Fences, walls and shrubbery constructed or planted prior to the date of the adoption of this chapter which do not conform to the provisions of this chapter shall be considered legal nonconforming structures. An existing fence or wall may be maintained, repaired or structurally altered; however, no repair or structural alteration shall create an additional nonconformity or increase the degree of nonconformity. In the event a fence or wall is damaged or destroyed to the extent that the cost or restoration shall exceed 50% of the cost of a new fence or wall, no repairs or reconstruction shall be made unless the restoration or construction shall thereafter conform to the regulations in this chapter. If the damage or destruction does not exceed 50% of the market value of the fence or wall, repairs and restoration shall be completed within 12 months from the date of damage or destruction or the restoration shall conform to the regulations of this chapter.
(5) Location, design and construction.
(a) Front yard. Split rail, picket and wrought iron style fences may be installed in a single family residential district front yard as long as the fence maintains a minimum of 50% open space and shall not exceed a height of three feet above the adjoining ground in the required front yard. A side yard adjacent to the public right-of-way shall be considered a corner side yard and shall be regulated as a front yard with a maximum fence height of three feet. A gate opening shall be required if the front yard fence creates a wholly enclosed area and adjoins a street right-of-way to provide access to the right-of-way. All other front yard fences shall be prohibited.
(b) All fences must be constructed within the confines of the property for which the permit is sought and no fence shall exceed six feet in height except as provided in Chapter 157 of this code of ordinances or herein. This section shall not apply to limit the height of solid fences, screens or walls around patios as set forth herein. The Building Inspector may refuse to issue a permit for any fence which, in his or her judgment, serves no ornamental or useful purpose or imposes an unreasonable hardship on adjoining property owners.
(c) A fence, including all posts, bases and other structural parts shall be located completely within the boundaries of the lot on which it is located. No fence shall be located closer than 12 inches to a public sidewalk or public right-of-way.
(d) All fences shall be constructed with the finished surface facing neighboring property with support posts placed to the inside, except in cases where the posts are an integral part of the fence design which enhances the aesthetic appearance of the fence.
(e) No fence, wall or shrubbery shall exceed a maximum of two feet above the grade of the adjoining public right-of-way within the sight line triangle, which is defined as a triangular shaped portion of land established at street intersections within 25 feet of the intersection, in which nothing is erected, placed, planted or allowed to grow in a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. The purpose of this requirement is to provide for visual clearance and traffic safety.
(6) Fences, drainage and utility easements. Fences may be installed in or across a drainage easement provided that the bottom of the fence has a vertical clearance of not less than eight inches or a greater clearance as may be required by generally accepted engineering principles as approved by the Village Engineer. The vertical clearance shall be maintained for the entire length of that portion of the fence that is installed in or across the drainage easement.
(7) Responsibility of owners and occupants; exemptions.
(a) It shall be the responsibility of the owner and/or occupant of the property where a fence or wall is erected to maintain the structure in good repair at all times. If a fence or wall is found to be in a deteriorated condition and/or in need of repair, including, but not limited to broken or missing structural components and/or the fence is substantially less than perpendicular to grade, the Building Enforcement Officer or his or her authorized agent may order the fencing to be repaired, replaced or removed depending on the condition of the fence. The order shall be in writing.
(b) The provisions of this subchapter shall not apply to fences, walls or shrubbery owned or maintained by the village or to fences constructed or maintained by any other governmental body or agency for which the principal purpose is inherent to public safety.
(8) Limitations. Except as expressly permitted in division (B)(5)(a) of this section, no fence shall be erected which shall extend beyond the front building line of the house. All fences must be constructed within the confines of the property for which the permit is sought and no fence shall exceed six feet in height, except as provided herein, which shall control as to the minimum and maximum height. In addition, this section shall not apply to limit the height of solid fences, screens or walls around patios as set forth herein. In addition, the Building Inspector is authorized and empowered to refuse permit for any fence which apparently serves no ornamental or useful purpose and imposes on unreasonable hardships on an adjoining property owner.
(9) Patio fences, screen or walls. In residential areas, solid fences, screens or walls may be erected around the immediate boundaries of patios for the purpose of securing privacy, provided they do not exceed seven feet in height and are located not less than three feet from a lot line.
(10) Fence permits. No fence, screen or wall shall be erected without first securing a permit from the Building Inspector. The fee for a fence permit shall be as established in the annual fee schedule.
(11) Support posts. Fences must be erected so that the posts and all other supporting members face to the owners side. The rough part of the frame shall face the owner’s property.
(C) The Zoning Board of Appeals shall have the jurisdiction to hold public hearings and offer recommendations to the Village Board of Trustees concerning variations of this section pursuant to its powers granted by. and in accordance with the procedures in Chapter 157 of this Code. The Village Board of Trustees may grant variations from this section after a public hearing is held by the Zoning Board of Appeals and upon receipt of a recommendation from the Zoning Board of Appeals.
(1981 Code, § 24.08) (Am. Ord. 87-21, passed 9-21-1987; Am. Ord. 98-22, passed 12-21-1998; Am. Ord. 2001-17, passed 9-17-2001; Am. Ord. 18-04, passed 4-2-2018; Am. Ord. 22-33, passed 7-18- 2022)