The respective owners or lessees of property in the Village may construct fences and privacy screens in such a manner as hereinafter stated:
A. No fence shall be erected, constructed or reconstructed to a height of more than six feet (6') above the adjoining ground level of the owner's or lessee's property unless otherwise provided by Section 6-7-8 of this Chapter.
B. On that portion of improved residential property fronting on a public street all fences therein shall be at least fifty percent (50%) open and no fence shall exceed forty eight inches (48") in height above the surface of the ground, and shall not extend beyond the property line.
C. On that portion of improved residential property which constitutes the side of the premises and which abuts on a public street, all fences therein shall be at least fifty percent (50%) open and no fence shall exceed forty eight inches (48") in height above the surface of the ground, and shall not extend beyond the property line. A six foot (6') high fence may be constructed on a rear lot line adjacent to a street as long as visibility at corner intersections is not impaired. Visibility is a primary concern in all situations involving fence construction, and the Building Commissioner is hereby granted broad discretion in determining if visibility is or is not impaired. (Ord. 98-37, 6-1-1998)
D. On that portion of premises which constitutes the rear or side of residential property, which abuts on private residential property, fences shall not exceed six feet (6') in height above the surface of the ground, and shall not extend beyond the property line on either side or to the rear, and shall not extend further than the building setback line on either side of the property. This portion of fence may be of a solid type construction known as a privacy fence. (Ord. 98-38, 6-15-1998)
E. On that portion of premises which constitutes the rear or side of a residential corner lot, fences shall not exceed six feet (6') in height above the surface of the ground, and may be of a solid type construction known as a privacy fence; however, no fence on any corner lot shall extend beyond the building line or the front of any principal building on any adjacent lot, whichever is less.
F. On that portion of premises which constitutes the side of the premises and which abuts to adjacent private residential property and which extends from the front of the existing building to the front property line, fences shall not exceed forty eight inches (48") in height above the surface of the ground and shall be at least fifty percent (50%) open.
G. No privacy screen shall be erected, constructed or reconstructed to a height of more than six feet (6') above the adjoining level of the owner's or lessee's property, when located between a property line and the required minimum side yard setback for the dwelling pursuant to Section 9-1-4-3 of the Village Zoning Ordinance. Privacy screens may be erected, constructed or reconstructed to a maximum height of eight feet (8') when setback from a side or rear property line a distance equal to the minimum side yard setback required for the dwelling pursuant to Section 9-1-4-3 of the Village Zoning Ordinance. Privacy screens are permitted only within a rear yard as defined by the Village Zoning Ordinance.
H. No fence shall be constructed so as to encroach into the public right of way. Provided that, such encroachment may be permitted by the Village Board of Trustees upon request and a showing that a necessity exists for such encroachment. The decision of the Village Board of Trustees shall be final and binding. (Ord. 98-37, 6-1-1998)