(a) Except as provided in subsection 9-75(a)(7) below, no portion of a fence, wall or similar structure shall be built, installed or erected to a height greater than the most restrictive applicable provision of the following:
(1) Two and one-half feet within that area of any corner lot bounded by the street lines and a line drawn between points on the street line 12 feet from the corner;
(2) Four feet within that part of a corner lot bounded by the street lines and the front yard line;
(3) Four feet between the street line and the front yard line of any interior lot;
(4) Five feet within that part of a corner lot bounded by the street lines and the corner side yard line;
(5) Six feet, wherever located, except that a fence attached to and constructed of the same materials as a building and fully complying with the yard and setback requirements for the building as established in the zoning ordinance will be subject to the height regulations of the zoning ordinance;
(6) Six feet, to the extent that the area enclosed or partially enclosed by any fence, wall or similar structure greater than six feet in height pursuant to subsection 9-75(a)(5) of this section, together with the building and its accessory buildings, occupies in excess of 30% of the area of an interior lot or in excess of 35% of the area of a corner lot; and
(7) In reviewing plans and issuing permits for fences, the director of public works may permit certain elements of a fence (including without limitation fence caps and fence post finials) to exceed the prescribed height limits to the extent that the director determines that such elements are intended to protect the durability and functionality of the fence in question. In issuing a fence permit, the director may also authorize a fence to exceed the prescribed height limits to allow for gaps between the bottom of a fence and the ground level if the director determines that such gap is appropriate for the proper installation or maintenance of such fence. In no event may the total adjustments authorized by the director under this subsection 9-75(a)(7) exceed six inches.
(b) (1) Notwithstanding any more restrictive provision of this § 9-75 or § 9-76, an existing fence lying between a public street and an existing ravine (as determined by the director of public works) with a height in excess of four feet may be repaired, replaced or reconstructed, and thereafter maintained, at a height not more than the lesser of:
A. Its existing height; or
B. Five and one-half feet; provided that the director of public works determines that such fence will protect the ravine area or enhance the public safety.
(2) The height of such fence may exceed four feet for the distance that the fence runs along the ravine area, plus a transition distance of not greater than 100 lineal feet from the limits of the ravine area. Prior to the repair, replacement or reconstruction of such a fence, plans and surveys therefor shall be submitted to provide the director of public works with sufficient information to determine that such fence will be in furtherance of the public safety or the protection of the ravine area. In authorizing the repair, replacement or reconstruction of such fence, the director of public works may impose appropriate conditions on approval to ensure that the purposes of this subsection are achieved.
(Ord. No. 2008-09-3220)
(c) (1) Notwithstanding any more restrictive provision in this section, any lot located within 750 feet of a golf course may install a temporary fence made of netting or similar materials having a non-obtrusive color and design of any height that is determined by the village manager to provide reasonable screening to protect such lot from stray golf shots. A permit shall be required for any such fence, which permit shall be issued without fee or charge and may be granted to allow multiple seasonal installations of the fence.
(2) In reviewing any application for a permit under this subsection 9-75(c), the village manager shall consider:
A. The proximity of the golf course and adjacent lots;
B. The proposed fence materials;
C. The proposed height, location and construction details for the installation of the fence in light of the objective to provide for protection of persons and property;
D. The impact of the proposed fence, if any on neighboring properties; and
E. Minimizing visual obstructions resulting from the fence.
(3) Any denial of a fence permit by the village manager may be appealed to the fence board of appeals in accordance with § 9-78 of this article.
(Ord. No. 2009-14-3247)