§ 152.03 CONSTRUCTION REQUIREMENTS; RESTRICTIONS.
   (A)   Any fence or barrier shall be constructed of harmonious material to be designated at the time of application; provided, that no barrier or fence may be constructed or maintained which is composed in whole or part of any dangerous or hazardous material or containing any wire which is charged with electric current to better protect the health and safety of the people.
   (B)   Any type of chain link fence or barrier shall be constructed with the sharp points pointed down.
   (C)   Any fence or barrier that is determined by the Building Commissioner to have different types of sides, shall be constructed so the attractive side faces away from the property on which the fence or barrier is constructed in order to maintain a stable residential community which is aesthetically pleasing.
   (D)   All fences or barriers shall be maintained in a safe, neat and attractive condition, free from rot or deterioration and shall not be leaning.
   (E)   No fence shall be built in the property front yard frontage setback requirement.
   (F)   A barrier or fence shall be constructed in such a fashion so that all portions of such barrier or fence shall be located within the owner's property and shall be a minimum of three inches from the owner's property line. The installer shall be responsible for maintaining the minimum setback of three inches. A barrier or fence may be erected or maintained upon an public utility or drainage easement provided that the owner agrees in writing at the time of permit application that the utility company and/or village not be refused the right to use of the said easements, and that if the barrier or fence or any portion thereof is required to be removed for such utility company's or village's use of the easement, the cost of such removal and replacement of the barrier or fence shall be at the expense of the owner. No fence or barrier shall be constructed in such a manner as to impede or alter the natural surface water drainage of the property upon which the fence or barrier is constructed or any adjoining property. The bottom of the fence shall be a minimum of three inches above the drainage area.
   (G)   No more than four corner barriers on a lot is permitted. Front or corner side yards shall have only open type barriers. Front yard or corner side yard open barriers shall be a maximum of 30 inches in height and shall not exceed five feet in either direction. Rear yard barriers shall be a maximum of six feet in height.
   (H)   If the Building Commissioner considers a fence or barrier to be a public safety hazard, either prior to, during, or after construction he may stop the building of the fence and submit his recommendations to the Planning, Zoning and Development Commission who may declare such fence or barrier to be a public nuisance and direct removal of such fence or barrier as may be permitted by law.
   (I)   No fences may be placed in the landscaping easement that may interfere with village approved landscaping, berms, or drainage. The Building Department will make a determination as to whether or not a fence can be installed in the easement. Any growth or previous plantings in the easements must remain intact unless deemed necessary for removal by the Planning, Zoning and Development Commission.
   (J)   Only open chain link fences may be constructed in that area designated as the corner side property starting from the rear foundation on the principle building extending to the corner side lot line and continuing to extend to the rear lot line. No garden patches, hedges, or growth areas win be allowed to grow in that area between the comer side property line and the building setback line. Said open chain link fence shall be a maximum height of four feet.
   (K)   Animal runs shall not be allowed in front or side yards and the perimeter of such animal run shall not be closer than five feet from the adjoining property lines. On comer lots, no animal run shall be in that area between the corner side lot line and the building setback line. Said animal runs shall have an area not to exceed 100 square feet and not more than six feet in height.
   (L)   When the owner's fence is to be attached to a neighbor's fence, written permission shall be attained and submitted with the permit application.
   (M)   A rear yard fence or barrier shall be a maximum height of six feet. Alterations to the existing grade level preceding the use of a fence for the purpose of altering the height of the fence shall not be permitted.
   (N)   (1)   Every fence to be erected within the village shall be designed and constructed to resist and withstand a wind pressure of at least 20 pounds per square feet of the gross proposed area of the fence, less any openings from any angle of approach.
      (2)   All fence posts used in the construction of a fence shall be buried in the ground to a depth of at least 42 inches. Said posts shall be set in concrete. A post hole inspection is required.
      (3)   All fence parts and anchors made of wood or other organic materials shall be treated with a chemical treatment to protect them from deterioration when they are placed in or upon the ground.
   (O)   Chicken wire, square welded mesh wire, barbed wire, temporary snow fence, solid concrete block, and sharp-edged material along the top or sides are considered non-suitable construction material for purposes of this chapter.
   (P)   Double fencing is prohibited; only one fence may be erected to separate two lots.
   (Q)   Garbage and trash areas shall have a fence enclosure of six feet in height for properties that are zoned R-4, R-5, R-6, B-1, B-2, 0-1, and —1.
   (R)   The Building Commissioner shall judge each cause by the same standards and not be unreasonable in his opinion and construction of this chapter.
(Ord. 77-22, passed 10-12-77; Am. Ord. 80-12, passed - -80; Am. Ord. 82-07, passed - -82; Am. Ord. 83-19, passed - -83; Am. Ord. 92-16, passed 6-10-92; Am. Ord. 96-17, passed 3-20-96; Am. Ord. 2002-015, passed 9-4-02) Penalty, see § 152.99.