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(A) It shall be unlawful to construct or erect a fence or wall more than four feet in height, except that in Residence A, B, and C Districts these structures may be constructed or erected to a height not to exceed six feet at any point along the lot lines bounding side or rear yards.
(B) A fence or wall not exceeding six feet in height may be erected parallel to and along the lot line bounded by a lane or alley in a rear yard where the side lot lines of the rear yard adjoin the side lot lines of the rear yard of adjacent property. The fence or wall need not be 50% open construction.
(C) Any fence or wall constructed or erected in a rear yard bounded by a public right-of-way shall be not less than 50% open construction, except where the structure is farther back from the public right-of-way than any "required" yard setback for the principal use as established by this chapter and except where otherwise noted.
(D) Fences at least four feet in height with secure, self-latching gates shall enclose all swimming pools.
(2000 Code, § 151.103) (Ord. O-4-96, passed 3-25-1996; Ord. O-14-22, passed 5-23-2022) Penalty, see § 151.999
(A) Material.
(1) Materials used for construction of all fences or walls shall be subject to approval by the Building Commissioner. The following types of fences may be erected except where prohibited elsewhere in this chapter: split rail; board-onboard; shadow box; basket weave; picket, stockade; lattice; combination board and lattice or picket; post and rail (horizontal board); vertical board; solid panel board; wrought iron; and extruded aluminum profiles (powder coated).
(2) If a fence is constructed of boards, pickets, wire, or other material applied to rails or posts, the rails or posts shall be on the owner's side and the applied material on the neighbor's side, unless the fence is so constructed as to provide finished surface on each side such as staggered vertical boards on each side of horizontal rails.
(3) It shall be unlawful to construct or erect a fence made of the following materials:
(a) Barbed wire on or as a part of fence or walls in a residential district or business district;
(b) Electrified wiring on or as a part of fences or walls in a residential district or business district (except where part of an invisible fence system);
(c) Picket fences having pickets connected by wire, that is, so-called snow fences, in a residential district or business district; and
(d) Wire fences, including chain link, in any residential district.
(4) Barbed wire may be used in the industrial district if on top of a fence or wall having a height of at least eight feet.
(5) Electrically supervised fence may be used in the industrial district consisting of single wire at the top of a fence set back into the owner's property at least nine inches from the fence line; voltage in the line shall not exceed 24 volts; the line shall be insulated from the remainder of the fence; and the entire installation shall be approved by the Inspection Bureau, Inc.
(6) It shall be unlawful to plant, trim, or otherwise maintain hedging that is in excess of three feet in height within 25 feet of the intersection of two or more streets.
(7) All fences shall be placed entirely on the property owner's lot. No setback is required for fencing in any yard, except for fences that parallel a public right of way or invisible fences.
(8) The maximum permitted height of fences constructed on top of a wall shall be measured from the grade line of the abutting property.
(B) Fence support structure. All fences must be secured with below ground posts except wire fencing used as a liner for a permitted fence.
(2000 Code, § 151.104) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006; Ord. O-14-22, passed 5-23-2022) Penalty, see § 151.999
(A) In addition to those fences herein before permitted, open metal fences enclosing public recreational grounds, railroad rights-of-way, industrial properties, and fuel storage tanks for industrial and institutional use, and to enclose for safety purposes any other hazardous industrial or institutional equipment or structure subject to approval of the Commissioner, may be erected to a height not to exceed 12 feet. Any above-ground mechanical equipment such as cooling towers, transformers, waste disposal containers, or similar items located in any business zone shall be completely screened from view to a height of six feet with a solid masonry or wood screen wall. Such screen wall shall be maintained in good condition at all times. Industrial zones are not required to meet this requirement. Above-ground transformers located in any residential zone shall be screened with properly maintained, solid hedging. The location of any above- ground transformer shall be as discreet as possible and individually approved by the village Planning Commission.
(B) Invisible fences. A wire or signal generating device (typically a pet containment system) for the transmission of radio signals from a radio transmitter, by which a radio receiver near the wire is activated by radio signals therefrom, to cause a noise and/or electrical shock signaling the nearness of the radio receiver to the wire as a boundary or separation of one area from another:
(1) An electronic fence, "invisible fence," or similar containment system shall require a building permit, same as construction of any other fence or barrier requires.
(2) An electronic fence, "invisible fence," or similar containment system must have its boundary no less than 18 inches from the property line of the property on which the electronic fence, "invisible fence," or other similar containment is constructed. For placement in areas bounded by public property or a sidewalk, an electronic fence, "invisible fence," or similar containment system must have its boundary no less than three feet from the sidewalk or public space.
(3) The placement of training flags or other temporary visible barriers is restricted to 30 days after the installation of the invisible fence.
(2000 Code, § 151.105) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006; Ord. O-4-22, passed 2-28-2022; Ord. O-14-22, passed 5-23-2022)
(A) Fences or walls in need of repair or other maintenance shall be repaired, restored, or removed as directed by the Building Commissioner.
(B) If the length of fence requiring repair exceeds 50% of the total length of that span of repair or restoration of a nonconforming existing fence or wall erected before the effective date of this chapter (March 25, 1996), such fence or wall shall be removed or replaced by a fence or wall in conformity with this chapter.
(2000 Code, § 151.106) (Ord. O-4-96, passed 3-25-1996; Ord. O-14-22, passed 5-23-2022)
SOLAR ENERGY SYSTEMS
It is the purpose of this chapter to regulate the construction, modification, operation and abandonment by discontinuation of use of solar energy systems, subject to reasonable conditions that will protect the public health, safety, and welfare while preserving the enjoyment of private property, promoting orderly land use, and development, allowing the safe, effective, and efficient use of solar energy systems. Solar energy systems shall be considered a permitted use in any zoning district, subject to the requirements of any other applicable chapter of this code.
(Ord. O-3-22, passed 2-28-2022)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. Choosing to give up or discontinue use of the solar energy generation system in whole or part.
ALTERNATING-CURRENT (AC) MODULE. A complete, environmentally protected unit consisting of solar cells, optics, inverter, and other components, exclusive of tracker, designed to generate AC power when exposed to sunlight.
APPLICANT. The person or entity filing an application under this subchapter.
ARRAY. A mechanically integrated assembly of modules or panels with a support structure and foundation, tracker, and other components, as required, to form a direct-current power producing unit.
FACILITY OWNER. The entity or entities having equity interest in the solar energy facility, including their respective successors and assigns.
GROUND MOUNT. A solar electrical system that is mounted directly to ground-mounted structure instead of solely on a structure roof.
OPERATOR. The entity responsible for the day-to-day operation and maintenance of the solar energy system.
SOLAR CELL. The basic photovoltaic device that generates electricity when exposed to light.
SOLAR ENERGY SYSTEM (ACTIVE OR PASSIVE). The equipment, assembly or building construction and requisite hardware that provides and is used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. Such systems include passive solar energy systems that capture the sun's energy in building design and construction components; solar thermal energy systems that convert sunlight to heat as in a hot water tank or swimming pool; and photovoltaic solar energy systems that convert sunlight to electricity.
SOLAR PANEL. One of any type of assembly that produces energy, either electrical, heat or hot water for use or distribution include PV (photovoltaic) an electrical device consisting of an array of connected solar cells, heat collectors and interstitial spaces including trombe panels, solar shingles, or hydronic panels for water heating systems.
SOLAR PHOTOVOLTAIC SYSTEMS. The total components and subsystems that, in combination convert solar energy into electrical energy suitable for connection to utilization load.
(Ord. O-3-22, passed 2-28-2022)
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