A. Fence Permit Required: No fence shall be erected or substantially altered in the Village without a building permit issued therefor by the Village Building Department upon payment of the required permit fee 1 .
B. Private Fences On Public Property: No private fences shall be allowed or constructed on public streets or rights-of-way or other public property. Fences may, by permit, be placed on public utility easements so long as the structures do not interfere in any way with existing underground, ground or aerial utilities and are permitted by the terms of the easement. Further, the Village or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged or destroyed by virtue of the lawful use of said easement. Fences in violation of this section may be summarily removed. It shall be the property owner's responsibility to repair any damage to the public utilities resulting from the installation or maintenance of a fence located within a public utility easement.
C. Location Of Fence In All Districts: When any fence is installed in the front, side, corner side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property. For lots adjacent to two (2) intersecting streets when fences are located on the rear and/or side property lines, the fence shall meet the requirements set forth in Section 10-3-14 of this Title.
D. Prohibited Materials Of Construction:
1. No barbed wire or barbed wire fences shall be allowed on private property in Residence or Business Districts or on lots in any District being used for single- or multiple-family dwelling purposes. No barbed wire or barbed wire fences shall be allowed on private property in Industrial Districts where the property lines of such property abut lots or parcels zoned or being used for single- or multiple-family purposes or on fences in front yards.
2. Except where specifically allowed, no fence shall be constructed of material obviously intended to inflict great bodily harm should a person or animal attempt to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit, broken glass, razor blades and sharp or ragged metal spikes or spears.
E. Maintenance And Repair: All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable and attractive condition. If, on inspection by the Zoning Officer or his/her designee, any fence, in his determination, does not meet the requirements of this section, he shall order the owner or occupier of the premises, to make the necessary repairs or improvements as directed or he shall be in violation of this Code.
F. Fences In Residential Districts: Fences permitted within Residence Districts shall comply with the following requirements:
1. Fences In Front Yards: No fences are allowed within front yards. Small decorative fence elements that are installed for landscaping and aesthetic purposes only, having a height of no greater than three feet (3') and fifty percent (50%) open are exempted from this provision provided that the fence element does not enclose any area.
2. Fences In Rear Yards: Fences within rear yards shall not exceed six feet (6') in height above ground level except for fences on corner lots which must meet the requirements of Section 10-3-13F-3 of this Title.
3. Fences On Corner Lots: On corner lots (as illustrated), that part of a rear yard which lies between the corner side lot line and building setback line shall not exceed five feet (5') in height above ground level and shall be decorative. Fences within the rear yard shall not exceed six feet (6') in height above ground level.
a. Exception For Collector And Arterial Street: Fences within that part of a rear yard which lies between the corner side lot line and building setback line on corner lots within the side yard adjacent to the rights-of-way on the following streets shall be permitted to be six feet (6') in height above ground level and may be of a solid style:
(1) Seil Road.
(2) River Road.
(3) Black Road.
(4) Route 52/Jefferson Street.
(5) Route 59/Brookforest Avenue and Cottage Street.
(6) Mound Road.
b. Exception For Rear Yard To Rear Yard: On corner lots where the rear property line is shared with another corner lot rear property line and both houses face the front property lines (i.e., the rear of the houses are facing each other and houses side to the same street side property line), that part of the rear yard which lies between the corner side lot line and building setback line shall not exceed six feet (6') in height above ground level and may be a decorative fence or a solid fence. A chain link fence may also be used provided that a decorative fence or privacy fence is installed facing the street.
4. Fences In Side Yards: Fences within side yards, including corner side yards, shall not exceed four feet (4') in height above ground level and shall be decorative unless one of the following exceptions applies.
a. A decorative fence or a privacy fence up to six feet (6') in height above ground level may be constructed within the interior side yard (but not the corner side yard) when the fence does not extend past the front building line of the adjacent property.
b. A chain link fence up to six feet (6') in height above ground level may be installed along the interior side lot line (but not the corner side lot line) provided that the fence does not extend past the front building line of the adjacent property and provided that a decorative fence or privacy fence is installed facing the street.
c. A solid fence of up to four feet (4') in height above ground level may be constructed within the interior side yard provided it complies with all of the following standards:
(1) The fence is for the purpose of screening and enclosing Village required refuse, recycling and yard waste containers.
(2) The fence enclosure is no larger in dimension than four feet (4') in width and ten feet (10') in length and has no roof.
(3) The fence enclosure is set back a minimum of ten feet (10') from the front line of the dwelling it serves.
5. On lot lines abutting the public right-of-way or residential property, the fence must face outward with support posts on the inside.
G. Business And Industrial Districts:
1. In business and industrial district, fences may not exceed eight feet (8') in height above ground level, and the use of barbed wire, razor wire, or any other fencing wire constructed with sharp edges or points arranged at intervals along a strand(s) are prohibited; except that one foot (1') additional of any fence along side or rear lot lines in industrial districts may be constructed of barbed wire, or similar wire fencing. Barbed wire, or similar fencing, shall not be used, installed or constructed on fences fronting on any street.
2. In business and industrial districts, a screening fence may be permitted at a maximum height of up to ten feet (10'), provided it is reviewed and approved through the formal site plan process.
3. In business or industrial districts, no fence or wall shall be erected, constructed or maintained within the first thirty feet (30') from the front or corner lot line without the approval of a site plan.
4. Fences shall be permitted in the required interior side yard or rear yard.
5. Screening which is required for swim and/or tennis clubs, private and public, shall not exceed a height of twelve feet (12') and shall comply with all building code requirements for pool and spa safety.
H. Adjoining Districts: Fences installed as a screening between business and residence districts or between industrial and residence districts shall comply with the following:
1. Shall be of the same design, construction material, height and color. Shall be constructed of masonry, wood, or vinyl (not including slatted chain link). Height requirement is eight feet (8') with a solid effect, or up to ten feet (10') with approved site plan.
2. Where no fence exists at time of construction, the first developer to install a fence between the adjoining districts will establish the type of fence to be used for other fences along the adjoining district line.
3. All fences shall join together to provide continuity along the common lot line of commercial and residential or industrial and residential districts where a fence for screening is required.
4. All fences other than those intended for decorative or screening purposes shall be buffered with berming and/or landscaping.
I. Hedges: Hedges, plantings, shrubbery, etc., shall in no way obstruct the view of traffic at any intersection. If it is deemed to create a hazard, the owner must remove same upon notice from the Zoning Officer or Chief of Police within seven (7) days of such notification.
J. Architectural Structures. Architectural structures (such as arbors, trellises, and pergolas) may be integrated into fences and gates.
1. When integrated into the fence design, the architectural structure must comply with the fence height and openness standards, unless associated with a gate or entry.
2. The height limitations in Sec. 10-3-11C apply to architectural structures that are associated with a gate or entry. An architectural element associated with a gate or entry may extend beyond the width of the gate but shall not exceed eight feet (8') in total width.
K. Nuisance Declared; Abatement: Any fence which shall be erected or maintained contrary to the provisions of this Code is deemed a nuisance, and it shall be the duty of the Zoning Officer to abate the same.
L. Exemptions: Public utility locations and sites operated by governmental agencies are exempt from the regulations of Section 10-3-13 of this Title. (Ord. 17-1842, 4-11-2017; amd. Ord. 20-1988, 9-22-2020; Ord. 22-2031, 1-11-2022)
Notes
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