(a) Zoning Compliance Review Required.
(1) No person shall construct or erect a fence or wall without first obtaining an authorization to proceed through zoning compliance review.
(2) Fences or walls that are part of a development subject to site plan review shall be reviewed and approved as part of the site plan review process.
(3) Authorization to proceed through zoning compliance review shall be required for each property on which a fence or wall is being placed, including the connection of existing fences or walls. Such applications shall also include written documentation of agreement between property owners.
(4) Authorization to proceed through zoning compliance review is not required for repairs of existing fences or walls while the fence or wall remains in place or for invisible fences. If fifty percent (50%) or more of the length of a conforming or nonconforming fence or wall is to be removed and replaced, even as part of maintenance, such replacement shall conform with the requirements of this code and shall require authorization to proceed through zoning compliance review.
(5) Authorization to proceed through zoning compliance review shall not be required for short sections of fencing or walls that are designed as an architectural feature or utilized for decorative purposes and are not intended to enclose an area of land. Such sections shall not exceed twenty-five (25) feet in length and shall comply with the vision clearance requirements of this code.
(6) Hedges, shrubbery, trees, bushes, and plantings shall be excluded from classification as fences but shall be subject to the vision clearance requirements of this code.
(7) Retaining walls that are intended to retain an existing slope (i.e., not a slope created by the applicant), such retaining wall shall not be subject to the provisions of this code but may be subject to building code requirements.
(b) General Requirements.
(1) Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to walls and vice versa.
(2) All fences and walls shall be subject to the intersection visibility requirements of Section 1113.02.
(3) All fences and walls, including invisible fences and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or walls on adjoining properties.
(4) The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two (2) similarly finished sides, either side may face the adjacent property.
(5) All diagonal or supporting members shall face the property on which the fence or wall is constructed.
(6) All fences and walls shall be maintained in a neat and orderly manner.
(7) Walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require written permission from the applicable utility and, without such permission, are subject to removal without notice by utility companies or the Village when work is being done in the utility easements. Fences shall not be placed in any Village easement unless the plat specifically permits the placement of such fence. Replacement of fences removed by the Village or utility company shall be at the property owner's expense.
(8) Fences and walls shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or stormwater drainage in any zoning district. Fences or walls may be permitted to include outlets at the bottom of the fence or wall to eliminate the possibility of the accumulation of water and allow for natural drainage past the wall or fence.
(9) It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or wall does not deviate from the plans as approved by the Village Administrator issuing the authorization to proceed through zoning compliance review and that the fence does not encroach on another lot or existing easement. Authorization to proceed through zoning compliance review and any inspection by the Village shall not be construed to mean that the Village has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or her herein.
(c) Materials. The following standards shall apply to the materials of all fences and walls:
(1) Materials shall be weatherproof or weather resistant.
(2) All sides of a decorative wall shall have a similar finish on both sides.
(3) Fences made of rope, string, fabric, netting, or similar materials are prohibited unless an approved temporary construction fence (See Section 1113.05(f).).
(4) Deer fencing is permitted in nonresidential zoning districts if approved as a conditional use.
(5) Non-decorative concrete or masonry walls are prohibited.
(6) Chicken, hog, rabbit, mesh, or woven wire fences are prohibited unless mounted on the interior of another approved form of fencing. See Figure 1113-L.
Figure 1113-L: Example of where wire fencing has been mounted on the interior of an approved three-rail fence.
(7) Chain link fencing is allowed, provided it is coated in vinyl. Slats or other materials shall not be permitted to be woven into the chain link fencing to create privacy fencing or otherwise obstruct the wires.
(8) Plywood, particle board, fiberglass, corrugated or galvanized sheet metal panels, and non-traditional fence materials deemed unacceptable by the Village Administrator shall be prohibited. This may include but is not limited to, discarded materials such as shipping crates or pallets, tires, stacked tires or automobile parts, stacked building materials, salvaged doors or garage doors, or similar new or used materials.
(9) No person shall erect or maintain any fence charged with electrical current.
(10) Dangerous fences installed above the ground, such as barbed wire, unfinished non-durable, sharp edge, cut or broken glass, rusted, or other such fences designed to inflict pain or cause injury, shall be prohibited except as allowed in Paragraph (11), below.
(11) In the I-1 Districts, fences may be topped with up to three (3) strands of barbed wire placed on a forty-five (45)-degree angle aimed away from the side of the fence that fronts a lot or right-of-way line. Fences shall not be entirely comprised of barbed wire. The barbed wired shall be mounted no less than seventy-two (72) inches above the grade.
(d) Measurement.
(1) The maximum fence or wall height shall be measured from the lowest point within three (3) feet on either side of the fence to the topmost portion of the fence between posts. See Figure 1113-M. The structure posts or finials may exceed the maximum height allowed in this section by up to six (6) inches.
Figure 1113-M: Illustration of the measurement of the height of a fence based on the grade.
(2) Fencing or walls should follow the natural contour of the land on which it is located. See Figure 1113-N.
Figure 1113-N: This illustrates how fencing is measured along a natural contour.
(3) A fence may be erected on top of a wall, but the combined height of the fence and wall shall not exceed the heights specified within this section for a fence or wall. Fences or walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.
(e) Fences and Walls in Residential Districts. The following standards apply to fences and walls in residential districts.
(1) Table 1113-5 establishes the maximum height, location, and types of fences and walls permitted in residential districts.
(2) For the purpose of these regulations, an "open fence" shall be any fence having at least fifty percent (50%) of its vertical surface area open as viewed at right angles and uniformly distributed.
(3) The requirements for swimming pool protective barriers shall take precedence where such requirements are in conflict with the regulations of this section.
TABLE 1113-5: FENCES AND WALLS IN RESIDENTIAL DISTRICTS | ||
Type of Fence or Wall | Yard in Which Permitted | Maximum Height Permitted |
Vinyl-Coated Chain Link Fence | Side and Rear | 4 Feet |
Open Fence | Front | 3 Feet |
Side and Rear | 6 Feet | |
Solid Fence or Wall | Side and Rear | 6 Feet |
(f) Fences and Walls in Nonresidential Districts. The following standards apply to fences and walls in nonresidential districts.
(1) No fence shall exceed three (3) feet in height in any front yard.
(2) No fence shall exceed six (6) feet in the side or rear yard of a C-2, C-3, C-4, or P-I District.
(3) No fence shall exceed eight (8) feet in the side or rear yard of an I-1 District.
(4) Any proposed fence shall be approved as part of the site plan review in accordance with this code.
(g) Temporary Fences. Fences erected for a specific function and limited time duration, including deer, snow, or construction fencing, are permitted as follows and in compliance with the following requirements.
(1) Temporary fences shall be maintained in good condition and shall not require authorization to proceed through zoning compliance review.
(2) No temporary fencing material shall be used for permanent fencing.
(3) Snow Fencing
A. Snow fencing shall be permitted between November 1 of any year and April 1 of the following year.
B. Snow fencing shall not exceed four (4) feet in height.
C. Fencing materials shall be limited to burlap, plastic mesh fabric of a neutral or dark color, any clear plastic material, or wood slat fencing (traditional snow fence) with wood or metal supports.
D. Snow fencing shall be erected on private property only and positioned on the site so as not to obstruct the view of pedestrians or vehicular traffic or be detrimental to public safety.
E. Snow fencing shall not cause an artificial or unnatural accumulation of snow or drifting to accumulate on the property of another in excess of that which would otherwise accumulate in the absence of such fence.
(4) Construction Fencing. Construction fencing to enclose an active construction site for the duration of the construction period.
(Ord. 2879. Passed 10-23-23.)