(A) Fences are permitted within any zoning district and may be required in some district for screening purposes as specified in other subsections of this section. The purpose of these regulations is to control the design and installation of such fences to permit the lot owner to have the privilege of privacy and flexibility in landscape design on his or her own lot, but to ensure consideration to the environment of his or her neighbors, the general appearance of the community, and preserve the health and safety of the individual and the general public. These regulations shall not apply to specific screening devices required in some commercial and industrial districts in this zoning code.
(B) Any fence to be erected shall require the issuance of a zoning permit by the Zoning Inspector after the plans have been approved. It shall be the responsibility of the property owner to determine the actual location of all property lines and to prepare the fence plans. The fence installation shall not deviate from the approved plan. The village will make inspections as necessary to see the fence is constructed in accordance with plans submitted with the zoning permit. However, the issuance of such permit shall not be construed to mean that the village has certified the exact location of lot lines or determined that said fence is not encroaching on an adjoining property, nor shall it relieve the permit holder from any such duty to verify actual lot lines. It shall be the responsibility of the property owner to contact the owner of all underground utilities to have such facilities located before any posts are driven or holes excavated.
(C) The approval of a zoning permit for a fence does not supersede any applicable protective covenants for any subdivision, industrial parks, business parks, or similar locations having recorded protective covenants. Property owners are encouraged to check their covenants for applicable fence restrictions before seeking a zoning permit.
(D) Permitted fences. Open ornamental fences, such as rail fences, split rail fences, picket fences, and similar fences which are less than 50% opaque.
(1) Maximum height: Four feet.
(2) Minimum setback from lot line: Two feet, unless the fence is a common fence agreed to by both adjoining landowners and both parties sign an agreement permitting the location of the fence to be on the lot line and agreeing to mutually maintain the fence on their side.
(3) Open ornamental fences shall not be erected in the front yard, beyond the front of the principal building or structure.
(4) On a corner lot, no open ornamental fence shall be constructed within ten feet of either street right-of-way line nor shall such fence be constructed closer to the street right-of-way line than the setback on the front side of the house.
(5) The good side of the fence is to face the neighboring property.
(6) Snow fences and other temporary fences are permitted with no fee. All other fences are $25.
(E) Temporary snow fence shall be permitted subject to the following provisions:
(1) May be installed between the period of November 1 to April 1 each year.
(2) Such fence does not block travel on any public sidewalk, alley, or street.
(3) Such fence is at least ten feet from the edge of any public street or alley.
(4) A permit must be filed, but in no instance will a fee be required.
(5) May be installed on special occasions during any Village Festival for safety reason without a permit.
(F) Chain link fences: fences usually made of steel interconnecting loops of wire with regular sized openings.
(1) Maximum height: Six feet.
(2) Minimum setback from lot line: Two feet unless the fence is a common fence agreed to by both adjoining landowners and both parties sign an agreement permitting the location of the fence to be on the lot line and agreeing to mutually maintain the fence on their side.
(3) Chain link fences shall not be erected in the front yard beyond the front of the principal building or structure.
(4) On a corner lot, chain link fences may not be constructed in front of either the minimum building line established on the plat for that subdivision or the minimum front yard setback for that zoning district from either street frontage, whichever is further from the street.
(5) Closed loop on top type of fence material.
(G) Privacy fences: Permitted types of privacy fences are:
(1) Basket weave or lattice-type fences consisting of a fence made of interwoven strips or slats of wood or similar flexible material in which the pattern has the appearance of a plaited basket.
(2) Louver or shadow box fences consisting of a series of slats placed or positioned to provide air to move through the fence but deflect light perpendicular to its vertical plane.
(3) Stockade or palisade fences constructed of a row of boards or stakes placed upright against each other where more than 50% of the plane of the fence is closed to light or air.
(4) Maximum height: Six feet.
(5) Minimum setback from lot line: Two feet unless the fence is a common fence agreed to by both adjoining landowners and both parties sign an agreement permitting the location of the fence to be on the lot line and agreeing to mutually maintain the fence on their side.
(6) Privacy fences shall not be erected in the front yard beyond the front of the principal building or structure.
(7) On a corner lot, privacy fences may not be constructed in front of either the minimum building line established on the plat for that subdivision or the minimum front yard setback for that zoning district from either street frontage, whichever is further from the street.
(8) The good side of the fence is to face the neighboring property.
(H) The following types of fences shall be prohibited in any zoning district within the village except for agriculture or livestock purposes.
(1) Barbed wire fences consisting of one or more strands of wire having sharp points or barbs along its length.
(2) Electrified fences consisting of one or more strands of wire that are charged with either a constant or intermittent flow of electrical current. An exception is granted for invisible fences consisting of low voltage (2.5 watts) wire buried beneath the ground, used to activate a device placed on the collars of dogs or other similar pets to contain them on the premises. Invisible fences shall be restricted to within the property lines and shall not encroach upon the public right-of-way.
(I) Maintenance of fences. All fences, once constructed, shall be maintained in good condition, structurally sound and attractively finished at all times. Any property between a fence and the lot line shall also be mowed and maintained at all times.
(J) Fences shall not be placed within a utility easement containing any buried or overhead facilities. Fences across drainage easement or swales will require approval of the Village Administrator to assure for the proper flow of water. No fence shall be constructed within three feet of any manhole, utility ground box or other similar structure.
(Ord. 23-2009, passed 10-13-09) Penalty, see § 154.999