This section is intended to regulate the construction, placement and maintenance of fences and screenings as required or allowed in this title. Fences or screenings will be allowed as permitted or special uses which are not detrimental to the health, safety, or welfare of the village, and in addition, do not diminish the right of citizens to sufficient air and light and safety of travel and access throughout the village. Fences or screenings will be required that are deemed necessary to ensure the rightful enjoyment of all properties, to protect property values, to ensure the safety of the public rights of way and to protect the public from dangerous or potentially dangerous uses.
A. General Regulations:
1. Fences In Right Of Way: No fence shall be erected or maintained in any public right of way except those fences erected for the purpose of ensuring the public safety by a public body having proper authority.
2. Barbed Wire And Electrically Charged Fences: The use of barbed wire or electrically charged fences is prohibited on all land used for residential purposes. The use of barbed wire or electrically charged fences may be approved as a special use on land used for other than residential purposes, but then only above a height of seven feet (7').
3. Maintenance Of Fences And Screening: Any fences or landscaped screening used to satisfy the requirements of this section or required as a condition of approval for a special use permit shall be continually maintained for the duration of the use involved.
4. Line Of Sight Obstruction: In no event shall any wall, fence, or other structure or planting be placed or maintained in a location relative to a public or private street, alley, driveway or other means of ingress or egress such that the sight of oncoming vehicular or pedestrian traffic is impaired for users of such means of ingress and egress in accordance with regulations contained in this code.
5. Minimum Distance Between Fences: Where a lawful existing fence exists on a common lot line there shall be a minimum of three feet (3') between adjoining solid or open fences.
6. Construction Side In: The construction side of the fence must face in toward the permit holder's lot.
B. Fence Permit Required: Anyone wishing to erect a fence within the village shall obtain a building permit from the community development department.
C. Height Regulations:
1. Front Yard Fences: No fence shall be erected or maintained in a front yard of any lot adjoining a public street in any district.
2. Side Yard And Rear Yard Fences: No fence shall be erected or maintained in a side yard or a rear yard in any district to a height greater than six feet (6'), except that fences seven feet (7') in height may be erected in areas zoned industrial or as provided for as a modification in chapter 13 of this title. However, fences erected by a public body within the right of way, on Routes 59, 19 and 20, and Schaumburg and Barrington Roads may be erected to a height not to exceed ten feet (10') and may be a minimum of six inches (6") from any existing parallel fencing.
3. Corner Side Yard Fences: No fence shall be erected or maintained in a corner side yard, except that corner side yard and overlapping corner side/rear yard fences may be six feet (6') if said fencing is located a minimum of fifteen feet (15') from the property line along the public right of way.
4. Double Frontage Lots: On double frontage lots where the rear yard abuts a public street, fences shall be permitted along the rear property line on private property, no closer than one foot (1') from the public right of way.
5. Triple Frontage Lots: On triple frontage lots where the rear yard abuts a public street, fences shall be permitted along the rear property line on private property, no closer than one foot (1') from the public right of way.
D. Termination Of Nonconforming Fences: It is reasonable that a time limit be placed upon the continuance of existing nonconforming fences. An amortization program permits the owner to plan during a period when he is allowed to continue the nonconforming fences while at the same time assuring that the district in which the nonconforming fences exist will eventually benefit from a substantial uniformity of permanent fences. Nonconforming fences shall be removed under the following conditions:
1. By Abandonment: Abandonment or cessation for a period of ninety (90) days or the change of the principal use to which the nonconforming fence is accessory shall terminate immediately the right to maintain such fence.
2. By Violation Of This Section: Any violation of the provisions of this section shall terminate immediately the right to maintain a nonconforming fence.
3. By Destruction, Damage Or Obsolescence: The right to maintain any nonconforming fence shall terminate and shall cease to exist whenever the fence:
a. Is damaged or destroyed, from any cause whatsoever, to the extent that its repair or replacement cost exceeds fifty percent (50%) of replacement cost as of the date it became nonconforming; or
b. Becomes obsolete or substandard under any applicable ordinance of the village; or
c. Becomes a hazard or a danger.
4. By Amortization: The right to maintain a nonconforming front yard fence shall remain with the owner of record of the property as of September 30, 2005. Any sale or lease of said property shall require the removal of any nonconforming front yard fence. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)