(A) General. No owner, lessee or agent of any real estate in the Village shall erect, maintain or permit to be erected or maintained on or about the exterior building line of such real estate or upon any portion of the sidewalk adjacent to such real estate any railing, fence, guard or protection of any kind ofbarbed and razor wire or spiked or nail or other dangerous instrument unless granted a permit to do so in accordance with divisions (B) through (E) of this section. The Director of Public Works may immediately remove any wire which is not permitted under this section.
(B) Authority. The owner of any property desiring to erect or maintain a fence upon such property which would otherwise be prohibited by division (A) of this section shall file an application for authority to do so with the Building Director, which application shall be accompanied by an accurate plat or sketch of the premises and a list of the names and addresses of the persons owning or occupying the properties adjacent and contiguous to or across from the subject property. The plat or sketch must indicate the details and location of the proposed fence construction. In their discretion, the Building Director may require the applicant to submit a recent date survey of the property prepared by an Illinois registered land surveyor. A notice of the application shall be sent by U.S. mail to persons occupying or owning properties adjoining, contiguous to or across from subject property advising them that they have 7 days within which to file written objections to the approval of the requested permit. Such notice shall also be hand delivered to residences in the immediate area.
(C) Standards. In the case of properties located in zoning use districts “B-1,” “B-2,” “B-3,” “B-4,” “M-1" and “M-2,” the Building Director is authorized to issue or deny the requested permit upon their determination that the fence if erected will comply with the following standards:
(1) A particular hardship will result to the owner as distinguished from a mere inconvenience if the barbed wire fence is not permitted;
(2) The fence will not be detrimental or injurious to other properties or improvements in the neighborhood or to the use and enjoyment thereof;
(3) The proposed fence will not diminish or impair property values;
(4) The fence will be well constructed so as not to be subject to early deterioration;
(5) The fence will not constitute a nuisance.
(D) Hearing. In the case of properties located in zoning use districts “R-1" through and including “R-6,” the Building Director is authorized to issue or deny the requested permit upon their determination that the fence if erected will comply with the above standards, but only after holding a hearing on the issue. Ten days notice of said hearing shall be sent by the applicant at the applicant’s expense by U.S. mail to persons owning or occupying properties adjoining, contiguous to, or across from subject property advising them of the application and of their right to testify at said hearing. Such notice shall also be hand delivered by the applicant to residences in the immediate area.
(E) Review by Board. Upon issuance or denial of such permit, the Building Director shall file a report of their determination with the Board of Trustees. Any person aggrieved by the decision of the Building Director shall have the right to appear before the Board of Trustees within 30 days after said decision to seek review, reversal, or amendment of the Building Director’s decision.
(F) Exceptions. This section does not apply to fences erected between any land or premises and the right-of-way of any railway company in the Village.
(G) Construction supports. Every fence shall be so constructed that its supporting posts or structure is located on the interior side thereof.
(H) Permit. Before any fence is erected a permit therefore shall be first obtained from the Building Director. The permit fee shall be as set forth in § 150.004.
(1997 Code, § 23.24) (Ord. CO-08-95, passed 10-12-1995; Am. Ord. CO-09-27, passed 10-6- 2009; Am. Ord. CO-2021-21, passed 8-17-2021)