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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL ENCLOSURE.
Any outdoor structure or enclosure used to restrict animals to a contained yard area.
BERM.
A mound of earth higher than the final elevation of a lot.
BUILDING AND ZONING OFFICER.
The Building and Zoning Officer of the village or his or her designees thereof.
DEPARTMENT.
The Village Building and Zoning Department.
DOWNTOWN COMMERCIAL DISTRICT.
Depot Street from Grand Ridge Road to the railroad tracks.
FENCE.
A structure including gates, trees or shrub hedge or other vertical screen device used to provide privacy, visual or otherwise, or for containment.
PERSON.
Any person, firm, corporation, association or other legal entity.
PRIVATE SWIMMING POOL.
A receptacle for water, or an artificial pool of water, having a depth of any point or more than 36 inches, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment, constructed, installed or maintained in or above the ground outside of a building used for a single-family dwelling unit, and maintained by an individual primarily for the sole use of the household and guests and not for the purpose or profit or in connection of a business operated for profit.
PROPERTY OWNER.
A person that owns, controls or is in lawful possession (tenant) of any real property situated in the village.
VISUAL CLEARANCE AREA.
Twenty-five feet from the intersection of the property lot lines for all lots located at the intersection of two streets or a street and driveway/alley and sidewalk or other point of vehicular access to a public right-of-way or to a railroad.
YARDS.
Shall be defined as follows.
(1) FRONT YARD.
A yard extending along the full length of front lot line between the side lot lines (and not side yard lines).
(2) REAR YARD.
A yard extending along the full length of the rear lot line between the side lot lines (and not the side yard lines).
(3) SIDE YARD.
A yard extending along the side lot line from the front to the rear yard.
(Ord. 2008-09, passed 7-21-2008)
(A) Permit required. No person shall install a fence or deck in the village without first obtaining a permit and complying in all respects with the terms and conditions of the village municipal code. A fence or deck permit shall be valid only for the term of issuance, unless sooner suspended or revoked. A permit is not required for painting, maintenance or repair of any existing deck or fence, or for the replacement of less than 30 lineal feet of a fence.
(B) Permit application. A permit application shall be filed with the village, consisting of the following:
(1) A fully completed permit application form and payment of full permit fee;
(2) A drawing, site plan or survey, displaying property boundaries, the location of the buildings and structures on the property, the proposed location, its distances from the existing structures on the property, and its distances from all adjacent rights-of-way;
(3) If the fence or deck is proposed to be installed on rented or leased property, the written consent of the owner(s) of the property; and
(4) Other information as may be required by the village to assist in the review of the application.
(C) Permit fee. A permit fee shall be paid upon submittal of the permit application in the amount of $25 or such other amount which shall be established, from time to time, by the Village Board.
(D) Application review and approval required, permit issuance. The Building and Zoning Officer shall review and approve the fence permit application and shall issue a fence permit within 30 days of the filing of a fence permit application, provided that the application is in compliance with this subchapter. The fence permit may contain reasonable conditions stated in the permit as determined by the Building and Zoning Officer.
(E) Completion of installation. A fence authorized by a fence permit shall be constructed and fully installed in accordance with this subchapter and permit conditions within 12 months of the date of permit issuance. A fence permit shall expire 12 months after the date of issuance. After a fence permit expires, no work shall be commenced, resumed or undertaken until a new permit is issued or the original permit is extended.
(F) Extension. The permit applicant may file a written request with the Village Board for an extension of the fence permit, stating the reason for the request, for up to 180 additional days to complete the fence installation. The Village Board, in administering this code, may grant the request if good cause is shown.
(Ord. 2008-09, passed 7-21-2008; Ord. 2018-06, passed 10-1-2018)
The applicant is solely responsible for installing the fence:
(A) Within the boundaries of his or her property determined by a drawing, site plan or survey, in compliance with this subchapter and the permit, including but not limited to proper materials, height, setback and visual clearance;
(B) In compliance with any subdivision covenants, conditions and restrictions, deed restrictions, utility easement restrictions and land use restrictions of record, if any;
(C) In a manner as will not obstruct stormwater drainage or unreasonably divert stormwater onto the property of another; and
(D) In compliance with the village’s floodplain ordinance (see Chapter 153).
(Ord. 2008-09, passed 7-21-2008)
(A) General requirements. No fence shall be installed, except in strict compliance with this subchapter, site-specific permit conditions and the following requirements:
(1) Structural and support components of a fence shall face away from adjacent properties and public rights-of-way;
(2) Fences shall be installed with the finished side facing the adjacent property or public right-of-way, and the fence posts must be located on the inside of the fence facing the property on which the fence is located;
(3) Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence;
(4) The height of the fence shall be controlled by the applicable provisions of this subchapter for the district in which the fence will be located. Fence height shall be measured from the surface of the ground immediately below the fence. Raising the finished grade by placing fill solely for the purpose of adding height to a fence is prohibited. Berms, retaining walls or other methods to raise the elevation of the site in excess of the fence height restrictions contained herein shall require a zoning variance prior to installation;
(5) The project site shall be marked by J.U.L.I.E. before commencing construction or digging holes for fence installation; and
(6) No fence in the visual clearance area shall exceed three feet in height above the mean street grade.
(B) Fences in front yards. Fences in front yards shall be allowed in residentially zoned areas. Fences shall not exceed three feet in height and shall be allowed within required front yard setback areas. No fence over three feet in height shall be permitted within residentially required front yard setback areas.
(C) Fences in rear/side yard. Fences in rear and side yards shall meet the following requirements:
(1) In residentially zoned areas, no fence shall exceed six feet in height in any side or rear yard. Fences not greater than six feet in height are permitted in side or rear yards, except that said fence shall not extend beyond the front of the principal structure or the required building setback line, whichever is furthest from the road right-of-way. All fences located in a side yard beyond the front of the principal structure or the required building setback line (whichever is greater) shall be treated as a fence in a front yard pursuant to § 151.097(B), and shall not exceed three feet in height; and
(2) Fences which exceed three feet in height in side or rear yards shall not encroach within visual clearance areas.
(D) Fences on corner lots. No fence over three feet in height shall be permitted within a visual clearance area of any portion of the lot.
(E) Approved fence materials; residential. All fences shall meet the following material requirements:
(1) Fences in side and/or rear residential yards shall be constructed using materials suitable for residential-style fencing, including but not limited to brick, fieldstone, wrought iron, vinyl, stockade, board-on-board or wood. Chain link fences shall be a minimum of nine gauge and shall have a top rail support and shall have the knuckle portion of the fence at the top with no barbs exposed at the top; and
(2) Residential front yard fences shall be 50% open (see-through) and be of split rail, wrought iron or picket design. Chain link fencing is only permitted in residential front yards when the fencing remains open (see-through) and no slats or other visual barriers are attached to the fence.
(F) Approved fence materials; commercial and manufacturing. All fences shall meet the following material requirements: fences in commercial and manufacturing areas shall be constructed using materials suitable for commercial-style fencing, including but not limited to brick, fieldstone, wrought iron, vinyl, stockade, board-on-board or wood. Chain link fences shall be a minimum of nine gauge and shall have a top rail support.
(Ord. 2008-09, passed 7-21-2008)
(A) Fences are required in the rear and side yards of all commercial or manufacturing zoning districts.
(B) All fences in a commercial or manufacturing district shall meet the following requirements:
(1) All fences must be eight feet in height for the rear and side yards in a commercial or manufacturing zoning district;
(2) If chain link fencing material is used, slats or visual barriers of a neutral color must be used within the fence; and
(3) Chain link fencing may not be installed within the village’s downtown commercial district.
(Ord. 2008-09, passed 7-21-2008)
Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a nuisance and state of disrepair. Every fence installed shall be maintained by the owner in such a way that it will remain in good repair.
(Ord. 2008-09, passed 7-21-2008)
Any fence existing upon the effective date of this subchapter shall not be enlarged or extended, or have 50% or more of its structure replaced, except in strict compliance with all of the requirements of this subchapter. Any fence that exists contrary to the required visual clearance area requirements are hereby deemed as nonconforming, and shall be brought into compliance within 12 months of the effective date of this subchapter.
(Ord. 2008-09, passed 7-21-2008)
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