A. Measurement: The height of a fence shall be measured from grade to the top edge of the fence, including support structures; provided, however, that ornamental post caps shall be permitted to extend above the maximum height of a fence by no more than eight inches (8"), as depicted in section 10-13-1 of this title, illustration 21; and provided further, that a fence may exceed the maximum height permitted by this section by no more than three inches (3") in order to provide open space between the bottom of the fence and the ground below the fence for the purposes of drainage and the prevention of rotting.
B. Maximum Heights For Residential Properties:
1. District Regulations:
a. C-E district: Front, side, and rear yards, seven feet (7').
b. E-1 district: Front, side, and rear yards, six feet (6').
c. All other residential districts:
(1) Front yard: Four feet (4').
(2) Side yard: Six feet (6'), with the following exceptions:
(A) No fence shall be erected and maintained at a height greater than four feet (4') along that portion of the side yard that extends into the front yard except as permitted in subsection B1c(2)(B) of this section; and
(B) A fence erected along an interior side yard adjacent to and contiguous with property located in a different zoning district may be erected at the height permitted in the adjacent zoning district.
(3) Rear yard: Six feet (6').
2. Exceptions: Notwithstanding the height regulations contained in subsection B1 of this section, the following height exceptions shall apply:
a. Corner Lots: For any corner lot located in a residential district, the following regulations shall apply:
(1) No fence shall be erected and maintained at a height greater than two and one-half feet (2.5') above the crown of any street within twenty five feet (25') of the intersection of the two (2) intersecting street edges, as depicted in section 10-13-1, illustration 21A, of this title.
(2) No fence shall be erected and maintained at a height greater than four feet (4') along the rear and side yards of a corner lot that is: a) located in any residential district except the C-E or E-1 district; and b) is immediately adjacent to the front yard of an adjacent property located in any residential district except the C-E or E-1 district.
b. Through Lots: For any through lot located in a residential district, no fence shall be erected and maintained at a height greater than four feet (4') when located within any required setback along the street.
c. Highways: Notwithstanding the height restrictions for through lots contained in subsection B2b of this section, a fence shall be permitted to be erected:
(1) At a height not to exceed six feet (6') if:
(A) Located along a front or side yard directly adjacent to the following highways in the following locations:
(i) Green Bay Road, south of the Union Pacific Railroad crossing.
(ii) West Scranton Avenue, from Sheridan Road to Green Bay Road; or
(B) Located along a front, side, or rear yard directly adjacent to Illinois Route 131 (Green Bay Road), from Route 176 to the northernmost boundary of the village.
(2) At a height not to exceed eight feet (8') if located along a front, side, or rear yard directly adjacent to Route 41.
(3) At a height not to exceed eight feet (8') if located along that portion of the boundary between the village and North Chicago that separates the Sanctuary Subdivision from an adjacent industrial use.
d. Adjacent Buildings: No fence shall be erected and maintained at a height greater than four feet (4') if located within three feet (3') of a building wall located on adjacent property.
e. Tennis Courts: Any fence enclosing a tennis court shall not exceed fourteen feet (14') in height.
f. Governmental Fences: Any chainlink fence on a lot owned or controlled by any governmental entity, including a park or school district, shall not exceed six feet (6') in height.
g. Chainlink Fences: Except for fences enclosing tennis courts permitted by subsection B2e of this section and fences on a lot owned or controlled by any governmental entity permitted by subsection B2f of this section, no chainlink fence shall be erected and maintained at a height greater than four feet (4').
h. Businesses: Any business that operates within a residential district as a legally nonconforming use may erect fencing up to six feet (6') in height for the limited purpose of screening areas utilized for garbage, trash, and refuse disposal as described in Section 10-4-2(H). Any fencing exceeding the otherwise applicable height limit must be reviewed and approved by the Architectural Board of Review pursuant to Section 10-2C-6.
C. Maximum Height In Nonresidential Districts: No fence shall be erected and maintained at a height greater than six feet (6') in any nonresidential district. (Ord. 2003-2, 1-27-2003; amd. Ord. 2011-17, 9-26-2011; Ord. 2022-33, 11-14-2022; Ord. 2022-38, 12-12-2022)