1462.07   FENCES.
   (a)   Definition. As used in this section, "fence" means a structure or a continuous barrier erected around or by the side of any open space to prevent passage or for protection. Fences may be solid or open and may be constructed of masonry, metal, wood or any other material securely fastened to the ground. A natural plant species which has been planted to form a continuous barrier to prevent passage or for protection shall be considered a fence for the purpose of this section.
   (b)   Nonresidential Fences. Whenever the installation of nonresidential fences is required by these Codified Ordinances, or when such fences are voluntarily installed, the following regulations shall be observed:
      (1)   No fence shall be erected or maintained entirely of barbed wire, be in any way electrified or be topped with broken glass, spikes or other sharp-edged materials.
      (2)   A maximum of three strands of barbed wire may be placed on a fence which the top of is at least six feet above average grade, provided that the barbed wire is placed on a 45 degree angle-arm, away from the side of the fence that fronts a property line, public sidewalk or public right of way.
      (3)   Fences enclosing junk yards shall be constructed in accordance with the provisions of Section 816.05 of these Codified Ordinances.
      (4)   All fences shall be erected to withstand a 15-pound horizontal wind pressure, placed perpendicular to the ground and substantially and properly supported according to standard practice.
      (5)   Fence gates, doors and other obstructions shall not swing across sidewalks or public rights of way.
(Ord. 90-171. Passed 6-19-90.)
      (6)   The "finished" or "decorative" side of all fences shall face the public way and neighboring properties.
(Ord. 95-017. Passed 5-16-95.)
   (c)   Residential Fences.
      (1)   No fence exceeding 3½ feet in height shall be erected, altered, relocated or reconstructed upon, along or adjacent to any boundary line between the front property line and the building line established on the street. Fences extending beyond the building line established on the street and along the front lot line shall be open for at least 50% of the projected area, and the open space so formed shall be evenly distributed, except that fences formed of a natural plant species may be compact throughout. For the purpose of enforcing this section, corner lots are assumed to have two front lot lines.
      (2)   Fences facing a rear lot line, except when adjoining a side lot line which is in front of a front building line, and side yard fences extending from the rear lot line to the required front building line, shall not be higher than six feet.
      (3)   Residential fencing shall not be topped with sharp points such as may readily result in bodily injury, and no residential fencing shall be of barbed wire. If a natural plant species is used as a fence and the plant species used is briars, prickers, thorns or any other foliage which can scratch, injure or harm a person or animal, the owner of such natural plant species used as a fence shall keep it trimmed.
      (4)   A fence built around a patio may be solid or open and six and one-half feet high, whether such enclosure is located in the side or rear yard. However, such fence shall be at least the same distance from the property line as is required by zoning for the main building.
      (5)   The height of a fence shall be measured from a point not to exceed six inches above the finished grade line or natural contour of the ground. A fence shall follow the contour of the ground as far as is practical.
      (6)   Where solid fences are erected and where a water drainage situation occurs, such a problem shall be disposed of by placing adequate outlets at the bottom of the fence to eliminate possible accumulation of stagnant water or other undesirable conditions.
      (7)   Fence gates, doors and other obstructions shall not swing across sidewalks or a public way.
(Ord. 90-171. Passed 6-19-90.)
      (8)   The "finished" or "decorative" side of all fences shall face the public way and neighboring properties.
(Ord. 95-017. Passed 5-16-95.)
   (d)   Advertising. No advertising or posting of bills shall be allowed on any fence, except as permitted in Section 816.05 of these Codified Ordinances.
   (e)   Maintenance.
      (1)   All fences shall be kept in good repair and be capable of performing the function for which they were installed.
      (2)   All fences shall be periodically treated with chemicals, paint or other covering so as to retard and prevent corrosion, rotting or deterioration.
(Ord. 90-171. Passed 6-19-90.)
   (f)   Fences for Swimming Pools. Fences enclosing swimming pools shall be erected and maintained in accordance with Section 1287.15.
(Adopting Ordinance)
   (g)   Duties of Chief Building Official. The Chief Building Official shall enforce the provisions of this section and all duties herein required shall be performed by him or her.
   (h)   Fees and Permits. No person shall erect a new fence or add onto an existing fence without first obtaining a building permit from the Village, and only after paying the fees required by Chapter 212. Every application for a building permit to erect a new fence or add onto an existing fence shall be accompanied by a site plan which includes all of the following:
      (1)   All property lines marked as such;
      (2)   The location of all existing buildings and their distances to property lines;
      (3)   A portion of the adjoining properties on both sides of the applicant's property, showing the front building lines of each property;
      (4)   The location and linear measurement of the proposed fence; and
      (5)   A description of the fence, including the height, material and any unusual characteristics.
(Ord. 90-171. Passed 6-19-90; Ord. 13-019. Passed 6-18-13.)