(A) No fence, hedge, building, accessory building or wall of any kind shall be constructed in any front yard or any side yard abutting on a public street.
(B) Corner lots.
(1) No fence, structure or planting shall be erected or maintained on any corner lot within 10 feet of either the front or side yard right-of-way line at a height greater than 2½ feet above street grade, nor shall any vehicle or other obstruction be located within 15 feet of either the front or side yard right-of-way line so as to interfere with traffic visibility. Trees are permitted if trimmed so that no foliage is less than 10 feet above street grade.
(2) If, in the judgment of the Planning Commission the otherwise permitted vegetation or foliage will materially obstruct the view of a driver of a vehicle approaching a street intersection, that vegetation shall be removed within a reasonable time by the owner.
(3) Where vegetation is not trimmed or removed to comply with this section within 10 days after notice from the Mayor or the Mayor’s designee, it shall be lawful for persons employed by the village to enter upon such property and trim the shrubbery or hedge at the expense of the property owner. Any vegetation, tree, shrub or hedge found to be located upon public property may be removed by the village at any time.
(C) No fences, hedges or shrubbery over 48 inches in height above the plane of the finished grade of the lots at the division line between lots shall be erected, planted or maintained along or within 10 feet of the division line between lots. No trees shall be planted or maintained within 10 feet of the division line between lots unless no foliage of such trees is less than 10 feet above the finished grade of the lots at the division line between lots.
(D) The restrictions of § 151.044(D) shall not apply if any of the following events exist or occur:
(1) All parts of the fence, hedge or shrubbery are located 20 feet or more from any building located on the lot upon which the fence, wall, hedge or shrubbery is to be located and are also 20 feet or more from any building located upon the property upon which the fence, hedge or shrubbery borders;
(2) All lot owners upon whose property the fence, hedge or shrubbery borders have given written consent, which consent has been filed with the Planning Commission and the Clerk-Treasurer of the village; or
(3) A certificate of appropriateness has been issued for the construction, erection or maintenance of the fence, hedge or shrubbery in such location.
(E) Nothing in this section shall alter any other requirement of the Codified Ordinances that a property owner first obtain a certificate of appropriateness or variance before constructing, erecting or maintaining a fence or other structure; provided, however, that no variance shall be required for the erection, construction or maintenance of a fence within 10 feet of the division line between adjacent lots if the fence height is either (a) less than 48 inches in height above the plane of the finished grade of the lots at the division line between lots, or (b) less than 72 inches in height above the plane of the finished grade of the lots at the division line between lots and 1 or more of the events described in § 151.044(D) has occurred.
(Ord. 472, passed 6-16-1980; Am. Ord. 09-2009, passed 12-21-2009; Am. Ord. 03-2014, passed 8-18-2014) Penalty, see § 151.999