(A) Requirements in agricultural, residential districts, business and industrial districts. All fences shall comply with the following.
(1) Front yard fences on interior lots. Ornamental fences not exceeding four feet in height are permitted in front yards. Privacy fences are not permitted.
(2) Side yard fences on interior and corner lots. Ornamental and privacy side yard fences are permitted in the required side yards of interior lots. For corner lots, ornamental and privacy side yard fences are permitted in the required side yard on the interior lot line side. Ornamental fences not exceeding four feet in height are permitted in the required street side yard of a corner lot. Privacy fences are permitted on the side street side of a corner lot providing they comply with the required yard on that street side or if no yards are required, a setback from the side street equal to one-half the required front yard.
(3) Rear yard fences. Fences not over six feet in height plus a ground clearance at the base of the fence of three inches are permitted in the required rear yard.
(4) Electrified fence. No fence may be electrified, except for agricultural uses involving containment of livestock in properly zones areas.
(5) Barbed wire fence. It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or with any similar material designed to cause injury to persons, or any wire charged with electrical current, anywhere within a residential area or subdivision. Industrial property may apply for a variance to allow usage of barbed wire for security purposes to protect property. In an industrial development, if approved by the Planning and Zoning Commission, a fencing system with barbed wiring that is used for security purposes, the barbed wire system shall be a minimum of three feet away from any public street, sidewalk, alley or other public way or place with in commercial zoned property.
(B) Recognized variations of fence requirements. Application for a variation of the above provisions shall be made in the same manner as provided for other variations of this chapter.
(C) Sports and recreational fencing. Fences erected for purposes of providing fencing around sports or recreation facilities or areas as listed below shall be subject to the height limitations indicated below providing the fence is 75% open and that the fence is not within 20 feet of a zoning lot corner formed by the intersection of any two street lines:
Uses | Maximum Height (Feet) |
Baseball diamond backstop (public or private) | 16 |
School recreation and sports areas (public and private) | 8 |
Swimming pools (public) | 8 |
Tennis court (public or private) | 12 |
(D) Private outdoor pools, hot tubs and spas. Fences built around pools, hot tubs and spas containing more than 24 inches (610 mm) in depth shall be completely surrounded by a fence. Such fence shall be at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
(E) Outdoor liquor sales. The holder of a liquor license outdoor permit must surround its outdoor premises with a fence meeting the following conditions.
(1) A permanent privacy fence made of wood or other approved and similar material, and when erected not less than six feet in height from the sidewalk or ground level shall be erected.
(2) The fence shall be designed in such a manner so that the vision of a person on either side of the fence is obscured when viewing through the fence. The fence shall be constructed in accordance with this section of the village code.
(3) The fencing shall be positioned between the area in which alcoholic liquor can be consumed outside and any adjoining residential, village or commercial property.
(F) Protective treatment. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
(G) Permits. Permits must be issued for all fences. The village shall create a permit application for fences. The village reserves the right, in its sole discretion, to rescind the permit and remove any fence that is blocking or impacting the drainage and utility access through a village easement. If a permit is denied, the denial may be appealed to the Planning and Zoning Commission as provided in the village code. The Planning and Zoning Commission shall present their recommendation whether to reverse or uphold the permit denial to the Village Board of Trustees for their final decision in accordance with existing village code.
(2009 Code, § 40-3-9) (Ord. 15-08, passed 8-31-2015; Ord. 17-24, passed 6-12-2017)