(A) Fences, Walls and Hedges.
(1) Residential districts.
(a) In required front yards, fences are allowed but shall be open fences and shall not exceed four (4) feet in height.
(b) In corner side yards and any portion of any other yard abutting a street fences are allowed but shall be open fences and shall not exceed four (4) feet in height. However, if the fence is setback at least three (3) feet from the lot line, then the maximum height of any fence constructed in those yards may be six (6) feet and the fence may be either open or solid.
(c) In required rear yards not abutting a street, and in interior side yards, solid fences are allowed but shall not exceed six (6) feet in height. However, if those yards are adjacent to a commercial or industrial lot, then the maximum height of any fence constructed in those yards may be eight (8) feet.
(d) If a rear lot line abuts a front yard on a neighboring residential property, any fence constructed in the required rear yard shall be an open fence and shall not exceed four (4) feet in height.
(e) In any required rear yard with a garage or parking pad leading to an alley, fences shall be placed either at least three (3) feet back from the rear lot line, or at or behind the garage or parking pad, whichever is lesser from the rear lot line. However, if the fence does not exceed four (4) feet and remains open, the fence may be set at the rear lot line.
(2) Commercial and industrial districts.
(a) In required front and corner side yards, and any portion of any other yard abutting a street, fences are allowed but shall be open fences and shall not exceed six (6) feet in height.
(b) In required rear and interior side yards, solid fences are allowed but shall not exceed eight (8) feet in height.
(3) Regulations affecting all districts.
(a) No fence, wall, hedge, shrubbery, vegetation, or object shall be erected, constructed, maintained, or grown to a height exceeding four (4) feet within twenty-five (25) feet of the nearest corner of an intersection.
(b) No wall, hedge, shrubbery, or object shall be erected, constructed, maintained, or grown within six (6) feet of the front or corner lot line,
(c) No fence shall be constructed of chain link material, except construction fences when given permission by the Zoning Administrator upon a showing of good cause.
(d) No construction fence shall remain on any lot after expiration of the building permit or ten (10) days after the construction is completed, whichever comes first.
(4) Exceptions.
(a) Notwithstanding § 155.302, if any regulations differ from those regulations located in sections for specific zoning districts, the regulations for the specific zoning district shall prevail.
(b) Where repairs or alterations are made affecting 50% or more of an existing fence or wall, the entire fence or wall shall be made to conform with the requirements of this section.
(B) Swimming Pools.
(1) Every outdoor swimming pool, whether aboveground or level with the ground, having a maximum depth of over 18 inches shall be completely surrounded by a fence not less than four nor more than eight feet in height. A building or existing wall may be used as part of such enclosure. The walls of any above-ground swimming pool shall not be deemed to constitute such a fence in and of themselves. Such required fence shall comply with all requirements of other Village ordinances pertaining to fences, and the provisions of this Section shall not be construed to require or permit any fence heights greater than permitted by such other ordinances.
(2) All gates or doors opening through the required fence shall be designed to permit locking and shall be kept locked when the pool is not in actual use or when the pool is unattended. All such gates or doors shall be self-latching and shall have the latches placed at least four feet above the ground or otherwise made inaccessible to small children.
(3) Fencing must be closed from the effective ground level to a height of five feet. If the fencing is not closed, the pool shall be effectively screened from view from outside the lot by densely-planted compact trees or hedges from the effective ground level to a height of five feet above the ground.
(4) An approved pool cover shall be installed during those periods when use of the pool is discontinued for a period of time in excess of 48 hours.
(5) All outdoor swimming pools shall meet minimum side yard requirements and in addition thereto shall be set back at least two feet for each one foot of structure height exceeding four feet in height. For the purpose of this section the words "structure height" shall include any railing or other projection above the pool surface.
(C) Tents.
(1) No tent in any zoning district shall be erected for more than ten consecutive days, and no tent shall be erected on any given property more than three times per year.
(2) All tents in industrial or commercial districts shall be regulated through a special event permit.
(3) No tents in any zoning district shall be erected on any property between November 30 and March 1 of any year.
(4) All erected tents must be located behind the building lot line for each property and, at a minimum, at least 15 feet behind the front lot line of the property where the tent is erected.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 08- 2691, passed 9-23-08; Am. Ord. 12-2875, passed 1-24-12; Am. Ord. 21-4255, passed 2-4-21; Am. Ord. 22-4306, passed 3-3-22; Am. Ord. 23-4345, passed 2-2-23)