(A) Permit required. No fence shall be constructed, reconstructed, enlarged or structurally altered upon or within any lot or parcel of ground within the village unless a permit therefor shall first be obtained from the Administrative Official. Application for a permit to construct, reconstruct, enlarge or structurally alter a fence shall be filed with the Village Manager on forms provided by the village and shall show the height of all parts of the fence, the materials to be used and other pertinent information and shall be accompanied by a map or drawing showing the location of the proposed fence and other structures on the lot as well as any existing fence along the same lot line on an adjacent lot. A fee shall be paid for each permit issued, in an amount as the Board of Trustees shall, by resolution, establish from time to time.
(B) Regulation. No fence shall be constructed, reconstructed, repaired, enlarged or structurally altered, and no permit therefor shall be issued by the Administrative Official, unless the fence conforms to the requirements of this section.
(C) Materials; construction. The design and construction of a fence shall be compatible with the appearance and character of the neighboring properties in the village. High quality materials and installation exhibiting clean lines and structural integrity are required. No fence shall be erected or maintained on any lot within the minimum front yard required for the lot by the zoning regulations, or, in the case of a side yard abutting a street, within the minimum side yard required for the lot by the zoning regulations, or otherwise along the street frontage line or lines of the lot, or along the side lot line or lines between the lot and the lot of another and within the street frontage setback area required for the lot by the zoning regulations, unless:
(1) If constructed of masonry, the fence is constructed with open areas equivalent to at least 30% of each square foot thereof;
(2) If constructed of materials other than masonry, the fence is constructed with open areas equivalent to at least 60% of each square foot thereof (exclusive of parts needed for structural support); or
(3) If the fence is constructed of wire, wire mesh or similar materials, visibility of the fence from public ways is minimized by a natural screen of sufficient height and density so as to render the fence inconspicuous to an observer from public ways during all seasons of the year.
(D) Fences in front yards. No fence exceeding four feet in height shall be erected or maintained on any lot within the minimum front yard required for the lot by the zoning regulations, or in the case of a side yard abutting a street, within the minimum side yard required for the lot by the zoning regulations, or otherwise along the street frontage line or lines of any lot, or along the side lot line or lines between any lot and the lot of another and within the street frontage setback area required by the zoning regulations.
(E) Fences in side or rear yards.
(1) No fence exceeding six feet in height shall be erected or maintained on any lot within the minimum side or rear yard required for the lot by the zoning regulations or along the side or rear lot lines between any lot and the lot of another. However, no fence along the side or rear lot line of any lot shall exceed, at any point, the actual highest point (excluding decorative elements permitted under subsection (F) below) of any portion of any existing fence along the same lot line on an adjacent lot unless the owner of the adjacent lot shall have given written consent (in form and substance satisfactory to the Administrative Official) to the construction of a higher fence.
(2) Notwithstanding whether or not the consent of the owner of the adjacent lot has been given, minor deviations by a fence from the actual highest point of any portion of an existing fence along the same lot line shall be disregarded as necessary to allow installation of the fence with a uniform, continuous profile over minor irregularities in the surface of the soil directly beneath the fence, provided that:
(a) No deviation shall affect more than 10% in linear footage (whether or not continuous) of the fence;
(b) No deviation from the actual highest point of any portion of the existing fence shall exceed three inches; and
(c) No deviation shall be permitted in any case where the natural grade of the surface of the soil has been raised or altered in order to avoid limitations on permitted height that would otherwise be applicable to a fence.
(F) Height determined.
(1) The height of any fence shall be measured from the average of the measurements from ground level on each side of the fence to the tallest point of any structural, decorative or other element incorporated into the fence (excluding decorative elements permitted under this subsection). Where there is no existing fence along the same side or rear lot line, minor deviations from the maximum permitted height of a fence shall be disregarded as necessary to allow installation of the fence with a uniform, continuous profile over minor irregularities in the surface of the soil directly beneath the fence, provided that:
(a) No deviation shall affect more than 25% in linear footage (whether or not continuous) of the fence;
(b) No deviation from the maximum permitted height shall exceed six inches; and
(c) No deviation shall be permitted in any case where the natural grade of the surface of the soil has been raised or altered in order to avoid limitations on permitted height that would otherwise be applicable to a fence.
(2) Decorative elements, such as finials, on posts required for structural support may extend to a height of up to six inches in excess of the maximum height or tallest point allowed in this section for the fence or portion thereof supported by the posts.
(G) Installation. The “finished side” of a fence on any part of a lot abutting a street or public way shall face the street. The “finished side” of a fence on any part of a lot abutting an adjoining property shall face the adjoining property unless there is already a fence on the adjoining property. For purposes of this subsection the “finished side” of a fence shall be deemed to be the side not showing structural supports or the side designed or intended to be the most attractive in appearance. If revealed structural supports are an integral part of the design of the fence, the structural supports must be centered on the line of the fence or equally visible on each side of the fence.
(H) Nonconforming fences. It is declared to be in the public interest and the intent of this section to permit any fence lawfully existing as of the effective date of this section but which fails to conform to this section to continue to exist until removed or terminated, but not to encourage the survival or the enlargement or expansion thereof. Pending the removal of any nonconforming fence or the alteration thereof so as to conform to this section, no nonconforming fence shall be structurally altered or enlarged so as to increase the extent of any nonconformity. If any nonconforming fence is damaged, destroyed or deteriorated by any means, so as to require replacement or substantial restoration, the nonconforming fence shall not be rebuilt or restored unless the fence, as rebuilt or restored, shall conform to the requirements of this section. Ordinary repairs, maintenance or replacement of parts of any nonconforming fence, other than structural supports, may be undertaken.
(I) Exceptions. It is hereby declared to be in the public interest to encourage the preservation of old wrought iron fences and masonry gate posts and corner posts; any wrought iron fence and any masonry gate posts and corner posts may be replaced, reconstructed or repaired substantially in accordance with the original dimensions and design thereof notwithstanding any contrary provision of this section. The provisions of this section shall not apply to property in districts designated M-2, P or S. The maximum permitted height for any fence located on any lot along a rear or side yard lot line and adjacent to any property in districts designated M-2, P or S shall be one foot in excess of the maximum height otherwise stipulated in this section for the fence, notwithstanding any contrary provision of this section.
(J) Fence defined. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FENCE. Includes any barrier or wall of posts, rails, gates and/or other members constructed of wood, metal, wire, masonry and/or other materials, placed or used in whole or in part as a boundary or as an ornamental feature or as means of protection, security, privacy or confinement, or otherwise serving the functions commonly ascribed to a fence, but shall not include any wall constructed of timbers, masonry or other materials for the principal purpose of maintaining a terrace or controlling erosion; or any natural growing hedge, shrub or other plant life.
(K) Natural vegetation in front yards.
(1) No natural growing hedge, shrub or other plant life that is placed or used in whole or in part as a boundary or barrier and as a means of protection or confinement with a height in excess of four feet shall be located within eight feet of:
(a) 1. The front lot line;
2. Any side lot line abutting a street;
3. The interior line of the corner sight triangle on the lot, with any hedge, shrub or other plant life along the line to be equally allocated to the front lot line and side lot line abutting a street; or
4. The interior line of any driveway sight triangle on the lot, with any hedge shrub or other plant life along the line to be allocated to the lot line on which the sight triangle is located, for a distance extending more than 30% of the front lot line or the side lot line, respectively.
(b) The side lot lines not abutting a street for a distance extending more than 30% of the side lot line within the required front yard or required side yard abutting a street.
(2) The distance of eight feet shall be measured from the centerline of the hedge, shrub or other plant life to the applicable lot line or interior line. This limitation shall not apply to the front yards or side yards of lots abutting Ridge Road or Sheridan Road. Any vegetation existing on the lot as of February 24, 2006 shall be considered legal nonconforming uses and, notwithstanding §§ 153.205 through 153.211, the vegetation may be replaced only if less than 75% of the vegetation boundary or barrier is damaged or destroyed.
(Ord. 577, passed 4-14-1969; Ord. 948, passed 2-13-2006; Ord. 1004, passed 9-8-2008)