In each residential district within the Village, no fence shall be constructed or placed on any lot within the district unless it complies with the following provisions:
(a) All types of fences shall have a finished appearance facing abutting property and no part of the foundation or supporting structure of the fence shall extend beyond the property line.
(b) On residential lots having a frontage in excess of fifty feet fences or walls may be constructed in side and rear yards up to the abutting property, but shall not be constructed closer than three feet from the driveway portion of the abutting property line.
(c) On residential lots having a frontage of fifty feet or less, no fence or wall shall be constructed or placed in a side yard closer than two feet to abutting property lines unless the written consent of the contiguous property owners has been secured. The written consent shall be in such form as to convey to the applicant for the building permit the right to repair and maintain such fence. The written consent shall be a covenant that runs with the land and shall be recorded in the County Recorder’s office. Rear yard fences may be constructed up to the abutting property line.
(d) Establishing the abutting property line shall be the responsibility of the owner on whose lot the fence is to be constructed. The Village and/or the Building Inspector shall have no liability in determining the location of the property line.
(e) Front Yard Fences. Front yard fences are prohibited.
(f) Side and Rear Yard Fences. Along side and rear yard, open and solid type fences are permitted to a maximum height of six feet.
(g) Corner Lots. It is the intent of this section to provide a clear zone of twenty-five feet from all intersections for clear visibility of motorists. This twenty-five feet clear zone shall be free from all structures, fences and shrubbery which project into the line of visibility.
(h) Fences may be constructed over a utility easement such as a storm sewer, sanitary sewers or water lines within the Village provided that the owner agrees in writing that he shall assume the full cost of repair to the structure or any part of same which is built over an easement in the event that the Village finds it necessary to disturb such structure or any part of it in maintaining or repairing the utility.
(i) Fences may not be constructed over a drainage ditch, catch basin, drain tile, natural waterway, pond or lake.
(j) Trellises, decorative fences and fences not in excess of three feet in height and used for the purpose of enclosing a garden shall be excluded from the provisions of this chapter.
(Ord. 2768-98. Passed 4-1-98.)