(a) General Requirements: No fence shall be erected, replaced or enlarged within the Village without first obtaining a permit from the Village.
(1) The application for a fence permit shall show the height of all parts of the fence, materials to be used and shall be accompanied by a survey showing the location of the proposed fence and other structures on the lot.
(2) The permit and inspection fee shall be as set forth in the Village Code.
(3) All fences shall be measured from existing grade, unless otherwise specified.
(b) Fences in Residential Districts:
(1) Single family.
A. Fences are prohibited between the front lot line and the principal building. Fences are permitted within the side, corner side and rear yards. Except for corner lots, a fence shall not be located in the corner side yard between the front building line and the rear building line (See Figure 1464-1: Fence Location).
B. No person shall erect a fence closer than three feet to the lot line of an adjacent property. Notwithstanding the foregoing, if the owners of adjoining parcels of property desire to erect a single fence, on the property line between the two properties, they shall be allowed to do so, without need for a variation, provided that said property owners provide the Village with a recorded joint fence easement, that constitutes a covenant running with title to both properties, so that it is binding upon future owners of both properties, as part of the fence permit application, with said joint fence easement covering, at a minimum, the following issues relating to said single fence:
1. On which of the two properties the fence will be physically located, or whether the fence will straddle the property line;
2. Who is responsible for coordinating the actual construction of the fence;
3. The responsibility for the maintenance of the fence, including access to both sides of the fence by the responsible party; and
4. Who has the authority to remove or replace the fence after it has been constructed.
C. Rear yards adjacent to Southwest Highway, a railroad right-of-way, or a commercial or office zoning district may have a solid fence.
D. Except as provided in Sections 1464.02 and 1464.07 and Chapter 1482, of this Code, fences shall not exceed four and one-half feet in height.
E. Fence materials shall be constructed of solid (non-composite) wood protected against decay, steel, stone, wrought iron, or wrought-iron-style aluminum. Fences constructed of wire mesh (chainlink) material are permissible only in temporary construction fencing, construction of dog runs or tennis court fence enclosures constructed in accordance with Section 1464.02 of this Chapter and Section 1286.06 of this Code in regard to accessory structures.
1. Fence construction shall provide for a minimum of seventy (70%) percent open space in total for every one foot of linear dimension;
2. Fences shall be maintained in such a manner as to not block the natural flow of stormwater over the property.
3. The finished side of all fences shall face away from the lot on which it is located. Both sides of the fence shall be similar in design, construction and appearance.
Figure 1464-1: Fence Location
(2) Multi-family residential. Fences constructed in multi-family residential areas shall require a Village building permit, and shall comply with the standards for fences as set forth in subsections (a) through (b) above, except as revised below:
A. The fences approved as part of a planned unit development may vary from other fence standards in the Village Code.
B. Fences in multi-family residential areas, that separate rear yards, patios, or decks of adjoining dwelling units within the same building:
1. May be on the interior property line;
2. May be solid or, if partially open, have spaces no wider than four inches;
3. Shall be no taller than six feet above grade or above the floor of the highest adjoining deck or patio;
4. Shall be no longer than twelve feet in length, extended out from the rear wall of the building;
5. Shall be constructed of a material and color similar to and compatible with the building; and
6. Shall be subject to the approval of the homeowners association.
C. Fences in multi-family areas that surround patios or decks:
1. May be solid, or if partially open, have spaces no wider than four inches;
2. Shall be no taller than four feet above the patio or deck floor;
3. Shall be constructed of a material and color similar to and compatible with the building; and
4. Shall be subject to the approval of the homeowners association.
(Ord. 1985-6. Passed 7-22-85; Ord. 1997-24. Passed 10-27-97; Ord. 2004-60. Passed 12-13-04; Ord. 2009-15. Passed 5-26-09; Ord. 2011-19. Passed 4-25-11; Ord. 2014-11. Passed 5-12-14.)