CHAPTER 153: FENCES
Section
   153.01   Requirements in residential districts
   153.02   Requirements in commercial and industrial districts
   153.03   Permits
   153.04   Variances
   153.05   Recreational purpose fences
   153.06   Swimming pool fences
   153.07   Violation of chapter prohibited
   153.08   Nuisance declared
   153.09   Grandfather clause; grace period for certain fences
 
   153.99   Penalty
§ 153.01 REQUIREMENTS IN RESIDENTIAL DISTRICTS.
   All fences within residential zoning districts shall comply with the following specifications.
   (A)   A fence located in a required front yard shall be at least 50% open, and no fence in a required front yard may exceed four feet in height measured from ground level. A clearance of three inches shall be allowed for installation purposes and shall not count in determining the height of a fence. No privacy fence may be located in the front of a residence on the same zoning lot.
   (B)   A privacy fence located on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.
   (C)   No fence may exceed eight feet in height above ground level.
   (D)   No fence may be constructed from barbed wire, metal spikes or any other sharp pointed materials. All chain link fences shall be installed with the knuckle portion of the fence up and with the barb portion of the fence at or near the ground. No fence may be electrified.
   (E)   No fence may be located so as to hinder access to any easement or right-of-way for a public or village-owned utility, including, but not limited to, gas, water, sewer, telephone, electric and cable television.
   (F)   A through lot shall be considered as having two front yards for fence purposes. One front yard is the yard in front of the residence located on the through lot. The other front yard shall be the area lying between the street located to the rear of the residence on the through lot, and a line which is the average setback from such street for all residences facing such street for the block. The rear yard of a through lot shall be all the area between the two front yards.
   (G)   Support poles on privacy fences shall be hidden from view from adjoining lots. This provision, however, does not apply to fences surrounding or adjoining athletic fields, where support poles may present a safety hazard.
(Prior Code, § 155.001) (Ord. 2000-30, passed 7-17-2000; Ord. 2010-018, passed 6-7-2010) Penalty, see § 153.99
§ 153.02 REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL DISTRICTS.
   All fences within commercial and industrial zoning districts shall comply with the following specifications.
   (A)   A fence erected in a required front yard shall be at least 50% open.
   (B)   A privacy fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.
   (C)   No fence may exceed a height of eight feet above ground level. A clearance of three inches shall be allowed for installation purposes and shall not count in determining the height of a fence.
   (D)   (1)   No fence may be constructed with barbed wire, metal spikes or any other sharp pointed materials unless the sharp pointed materials are erected at least six feet above ground level, but not higher than eight feet above ground level. All chain link fences shall be installed with the barbed portion of a fence at or near the ground unless it is installed at least six feet above ground level.
      (2)   No fence may be electrified.
   (E)   No fence may be so located as to hinder access to any easement or right-of-way for a public or village-owned utility, including, but not limited to, gas, water, sewer, telephone, electric and cable television.
   (F)   Support poles on privacy fences shall be hidden from view from adjoining lots. This provision, however, does not apply to fences surrounding or adjoining athletic fields, where support poles may present a safety hazard.
(Prior Code, § 155.002) (Ord. 2000-30, passed 7-17-2000; Ord. 2010-018, passed 6-7-2010) Penalty, see § 153.99
§ 153.03 PERMITS.
   (A)   No fence may be erected unless a fence permit is obtained from the office of the Zoning Administrator at a cost of $10. The application for permit shall be signed by all owners of record of the property on which the fence is to be erected. No work shall start until the permit has been obtained. A contractor or owner starting work prior to applying for and receiving said permit shall be subject to a $25 fine. This fine may be in addition to, and not in lieu of, any additional fines or penalties that are provided for in this chapter.
   (B)   A fence permit is null and void after one year from the date of issuance if the fence authorized by the permit has not been completed.
   (C)   The Zoning Administrator may order work to stop on the construction of any fence as to which no permit has been obtained.
(Prior Code, § 155.003) (Ord. 2000-30, passed 7-17-2000)
§ 153.04 VARIANCES.
   Application and procedures for a variance of any of the provision of this chapter shall be made in the same manner as provided in § 157.128 of this code of ordinances, as amended, for variances. The filing fee for an application or a petition to vary any of the above provisions is $100.
(Prior Code, § 155.004) (Ord. 2000-30, passed 7-17-2000)
§ 153.05 RECREATIONAL PURPOSE FENCES.
   (A)   Fences erected for purposes of providing fencing around sports or recreation facilities or areas as listed below, shall not be subject to the height restrictions specified elsewhere in this chapter; provided that, such facility or area is not located within 20 feet of a zoning lot corner formed by the intersection of any two street lines; the fence is at least 75% open; and a fence permit is obtained.
   (B)   The maximum height of a fence is listed by each sports or recreational facility or areas as follows:
 
Use
Maximum Height (feet)
Baseball diamond backstop (public or private)
16
Elementary, middle or high schools (public or private)
8
Swimming pools (public)
8
Tennis court (public or private)
12
 
(Prior Code, § 155.005)
§ 153.06 SWIMMING POOL FENCES.
   The provisions of this chapter shall not apply to swimming pool fences, which are regulated by Ch. 152 of this code of ordinances.
(Prior Code, § 155.006) (Ord. 2000-30, passed 7-17-2000)
§ 153.07 VIOLATION OF CHAPTER PROHIBITED.
   No person, firm or corporation shall own, construct or maintain any fence in violation of this chapter. No person, firm or corporation shall fail or refuse to comply with a stop work order issued by the Zoning Administrator pursuant to this chapter. All owners of record of property on which a fence is constructed or maintained, and all persons who control such property, are responsible for compliance of such fence with this chapter.
(Prior Code, § 155.007) (Ord. 2000-30, passed 7-17-2000) Penalty, see § 153.99
§ 153.08 NUISANCE DECLARED.
   Any fence constructed or maintained in violation of this chapter is hereby declared a nuisance. The corporate authorities of the village may, in their discretion, apply to an appropriate Court for an order abating any such nuisance, in addition to any other remedies available to the village under this chapter or at law or in equity.
(Prior Code, § 155.009) (Ord. 2000-30, passed 7-17-2000)
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