(a) Fences are permitted within any zoning district and may be required in some districts for screening purposes as specified in other subsections of this section. The purpose of these regulations is to control the design and installation of such fences to permit the lot owner to have the privilege of privacy and flexibility in landscape design on his own lot, but to ensure consideration to the environment of his neighbors, the general appearance of the community, and preserve the health and safety of the individual and the general public. These regulations shall not apply to specific screening devices required in some commercial and industrial districts in this Zoning Ordinance.
(b) Any fence to be erected shall require the issuance of a zoning permit by the Zoning Inspector after the plans have been approved. It shall be the responsibility of the property owner to determine the actual location of all property lines and to prepare the fence plans. The fence installation shall not deviate from the approved plan. The Village will make inspections as necessary to see that the fence is constructed in accordance with plans submitted with the zoning permit. However, the issuance of such permit shall not be construed to mean that the Village has certified the exact location of lot lines or determined that said fence is not encroaching on an adjoining property, nor shall it relieve the permit holder from any such duty to verify actual lot lines. It shall be the responsibility of the property owner to contact the owner of all underground utilities to have such facilities located before any posts are driven or holes excavated.
(c) The approval of a zoning permit for a fence does not supersede any applicable protective covenants for any subdivision, industrial parks, business parks, or similar locations having recorded protective covenants. Property owners are encouraged to check their covenants for applicable fence restrictions before seeking a zoning permit.
(d) Permitted Fences. “Open ornamental fences” such as rail fences, split rail fences, picket fences and similar fences which are less than fifty percent (50%) opaque.
(1) Maximum height - Four feet. (Ord. 00-04. Passed 4-2-00.)
(2) Minimum setback from lot line - Two feet.
(Ord. 16-21. Passed 8-1-16.)
(3) Open ornamental fences shall not be erected in the front yard beyond the front of the principal building or structure.
(Ord. 00-04. Passed 4-2-00.)
(4) On a corner lot, no open ornamental fence shall be constructed within ten feet of either street right-of-way line nor shall such fence be constructed closer to the street right-of-way line than the setback on the front side of the house. (Ord. 01-36. Passed 9-4-01.)
(e) “Chain link fences” - fences usually made of steel with interconnecting loops of wire with regular sized openings.
(1) Maximum height - Four feet. (Ord. 00-04. Passed 4-2-00.)
(2) Minimum setback from lot line. Two feet.
(Ord. 16-21. Passed 8-1-16.)
(3) Chain link fences shall not be erected in the front yard beyond the front of the principal building or structure.
(4) On a corner lot, chain link fences may not be constructed in front of either the minimum building line established on the plat for that subdivision or the minimum front yard setback for that zoning district from either street frontage, whichever is further from the street.
(f) “Privacy fences” - permitted types of privacy fences are:
(1) Basket weave or lattice type fences consisting of a fence made of interwoven strips or slats of wood or similar flexible material in which the pattern has the appearance of a plaited basket.
(2) Louver or shadow box fences consisting of a series of slats placed or positioned to provide air to move through the fence but to deflect light perpendicular to its vertical plane.
(3) Stockade or palisade fences constructed of a row of boards or stakes placed upright against each other where more than fifty percent (50%) of the plane of the fence is closed to light or air.
(4) Maximum height - Six feet. (Ord. 00-04. Passed 4-2-00.)
(5) Minimum setback from lot line - Two feet.
(Ord. 16-21. Passed 8-1-16.)
(6) Privacy fences shall not be erected in the front yard beyond the front of the principal building or structure.
(7) On a corner lot, privacy fences may not be constructed in front of either the minimum building line established on the plat for that subdivision or the minimum front yard setback for that zoning district from either street frontage, whichever is further from the street.
(g) “Swimming pool fences” - See Section 1139.16 for additional regulations.
(h) The following types of fences shall be prohibited in any zoning district within the Village.
(1) Barbed wire fences consisting of one or more strands of wire having sharp points or barbs along its length.
(2) Electrified fences consisting of one or more strands of wire that are charged with either a constant or intermittent flow of electrical current. An exception is granted for invisible fences consisting of a low voltage (2.5 watts) wire buried beneath the ground, used to activate a device placed on the collar of dogs or other similar pets to contain them on the premises. Invisible fences shall be restricted to within the property lines and shall not encroach upon the public right of way.
(i) Maintenance of fences. All fences once constructed shall be maintained in good condition, structurally sound and attractively finished at all times. Any property between a fence and the lot line shall also be mowed and maintained at all times.
(j) Fences shall not be placed within a utility easement containing any buried or overhead facilities. Fences across drainage easement or swales will require approval of the Village Engineer to assure for the proper flow of water. No fence shall be constructed within three feet of any manhole, utility ground box or other similar structure.
(Ord. 00-04. Passed 4-2-00.)