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§ 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)
§ 153.09 GRANDFATHER CLAUSE; GRACE PERIOD FOR CERTAIN FENCES.
   (A)   Except as stated in division (B) below, no fence lawfully existing as of the effective date of the ordinance codified in this chapter and not within an easement owned by the village or within an easement dedicated to the public use shall be rendered illegal solely because of this chapter. However, no fence which does not conform to this chapter shall be enlarged or heightened; nor shall such a fence, if removed, be replaced; nor shall such a fence, if damaged to an extent greater than 50% of its full replacement value, be reconstructed.
   (B)   All fences in the village which violate §§ 153.01(D) and 153.02(D) of this chapter shall be brought into compliance therewith, or removed, within 90 days of the effective date of the ordinance codified in this chapter.
   (C)   A fence which is located within a public or utility right-of-way shall be removed within 14 days of request by the village. This provision is not a limitation on the authority of the village to remove such a fence in its sole discretion.
(Prior Code, § 155.010) (Ord. 2000-30, passed 7-17-2000) Penalty, see § 153.99
§ 153.99 PENALTY.
   Any person violating any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100, nor more than $750. Each day a fence in violation of this chapter continues in existence shall be deemed a separate violation.
(Prior Code, § 155.008) (Ord. 2000-30, passed 7-17-2000)