(a) As used in this section:
(1) "Chain link fence" means a fence consisting of loops of wire interconnected in a series of joined links. It is not an open or ornamental fence.
(2) "Deer fence" means a mesh-type black plastic fence designed and constructed for the purpose of preventing deer from gaining access to any part or all of a parcel of property.
(3) "Entry feature fence" means a fence, wall, pillar or pier located near a driveway of a property, which is visible from a public or private right of way, the effect of which is to identify an entrance to the property.
(4) "Living fence" means a fence consisting of the natural growth or placement of hedges, trees, bushes, plants or a combination thereof into a vision obstructing or solid fence.
(5) "Open or ornamental fence" means a split rail or board fence which, as viewed at ninety (90) degrees from the fence line, shall be at least sixty-five percent (65%) open and unobstructed.
(6) "Privacy fence" means a fence constructed so as to prevent public view and to provide seclusion.
(7) "Property line wall" means a stone wall, located on the property line or along a right of way.
(8) "Screening fence" means a fence approved by the Planning and Zoning Commission for the purpose of screening vehicles or equipment under and pursuant to Chapter 1367 of the Building Code. Such a fence shall not be subject to the provisions of this code.
(9) "Security fence" means a fence designed and constructed for the purpose of protecting persons and property.
(b) Properties shall be open and unfenced, have an open or ornamental fence, or have a living fence. However, up to fifteen percent (15%) of the perimeter of a parcel of property may have a privacy fence. Deer fences may be permitted, as provided by subsection (k) hereof, property line walls and entry feature fences may be permitted, as provided by subsection (l) hereof, and security fences may be permitted, as provided by subsection (m) hereof.
(c) An open or ornamental fence may be five (5) feet high; the posts may be six (6) feet high, and shall be made of natural materials except as provided in subsection (k) hereof.
(d) A living fence shall be planted so as not to overhang adjacent property.
(e) A privacy fence may be seven (7) feet high and shall be made of natural materials except as provided in subsection (k) hereof.
(f) A chain link fence is permitted around the garden, tennis court or pool patio or to contain domestic pets. It shall not be located in the front yard of a property, unless totally obscured by an exterior living fence, and shall be set back at least ten (10) feet from any property line.
(g) In the event a stockade, board or similar fence having a finished and unfinished side is constructed, the finished side of the fence shall face towards the contiguous adjoining properties or street, and the unfinished side shall face towards the lot upon which the fence is constructed.
(h) No fence shall be located within fifteen (15) feet of the curb or edge of the pavement of a public or private road or street.
(i) The height of a fence shall be measured from the approved grade to its highest point, and the mounding of earth at or near the fence line shall not be permitted except in accordance with a plan approved and a permit issued under Chapter 1303 of the Building Code.
(j) Deer Fences.
(1) A deer fence which surrounds a garden, orchard or other point of horticultural interest on a parcel of property and which is not located, at any point, on the perimeter of the property and cannot be seen from public or private roads or street may be erected with a permit.
(2) Deer fences which do not meet conditions set forth in subsection (j)(1) hereof may be permitted upon the establishment of the following conditions to the satisfaction of the Architectural Board of Review:
A. The fence will be adequately screened so as to be not visible from any public or private road or street or from any neighboring properties.
B. In the event that the fence is visible from a public road or street, the applicant must demonstrate both the need for the fence and the inability to provide the appropriate screening.
C. The Architectural Review Board may establish such further conditions as it deems necessary for the protection of the Village's health, safety and welfare, including but not limited to conditions for the protection of wildlife and the rural character of the community. The Building Inspector shall maintain a copy of such conditions.
(k) Property Line Walls and Entry Feature Fences.
(1) Property line walls and entry feature fences may be permitted by the Architectural Board of Review, based upon the criteria in this section.
(2) Property line walls and entry feature fences shall relate to, and be consistent with, architectural features of structures located on the same property, which are visible from the proposed wall or entry feature.
(3) Property line walls and entry feature fences shall be natural fieldstone, dry- laid or with deeply raked mortar joints. These walls shall not exceed four (4) feet in height, except that their end piers may be five (5) feet high. The maximum height of piers shall include all caps and appurtenances.
(4) The gates of an entry feature fence may be wood, left to weather to a natural finish (or such color as may be approved by the Architectural Board of Review), or wrought iron, painted black, of a simple design. The gates shall not exceed five (5) feet in height.
(l) Security fences may be permitted by the Planning and Zoning Commission based upon the following criteria.
(1) Security fences shall be constructed of black vinyl coated chain link without horizontal member or such other materials as may be approved by the Planning and Zoning Commission. Security fences may include electronic sensors designed to identify intrusion but in no event shall the use of barbed wire, razor wire or electrified fencing be permitted.
(2) Security fences shall not exceed seven (7) feet in height, provided however, that a security fence may be integrated with a privacy fence as authorized in subsection (b) hereof.
(3) No security fence will be permitted if it will be visible from a public right of way. Security fences which are visible from private driveways may be permitted provided that any applicable homeowners association signs a written consent.
(4) The fence shall be screened from view from any neighboring property using vegetation or earth forms in a manner consistent with the rural character of the Village.
(5) Security fences and associated screening shall be maintained in good repair at all times.
(6) The Planning and Zoning Commission may establish such further reasonable conditions as it deems necessary for the protection of the Village's health, safety and welfare, including but not limited to conditions for the protection of wildlife and the rural character of the community. The Building Inspector shall maintain a copy of such conditions.
(Ord. 2023-6. Passed 6-15-23.)