(A) Scope. This Section shall apply to all residential districts and to residential properties located in other zoned districts. The fence regulations herein shall not apply to any permanent fence erected prior to the effective date of this Zoning Code. However, the replacement of a permanent fence, erected prior to the effective date of this Zoning Code, by a different type or use shall abide by the regulations of this Section. Fences constructed in other zoning districts shall be considered on an individual basis by the Planning Commission or Zoning Administrator, as applicable.
(B) Walls. Retaining and landscaping walls that do not exceed a height of 30 inches may be placed in a front, side and rear yard not less than six (6) inches from the property line.
(C) Permits. Any fence permitted by this Section shall require the issuance of a zoning permit prior to installation. Property owners must sign all permits.
(D) Location and Height. Fences shall be located on a residential lot in compliance with the location regulations below:
(1) Front Yards.
(a) In the R-1 and R-E zoning districts, fences shall be set back a minimum of 40 feet from the right-of-way, with a maximum height of four (4) feet.
(b) In all other districts, fences shall be set back a minimum of 25 feet from the right-of-way, with a maximum height of four (4) feet.
(c) Fences surrounding public utilities are exempt from the minimum setback from rights-of-way requirements.
(2) Corner Side Yards on Corner Lots.
(a) Corner Side Yard abuts Neighbors Front Yard. When the rear lot line of a corner lot abuts the front yard of an adjacent interior lot, the location of the fence shall comply with § 150.402(D)(1) above. See Figure 150.402(D)(2)(a).
(b) Corner Side Yard abuts Neighbors Corner Side Yard. When the rear lot line of a corner lot abuts the rear lot line of an adjacent corner lot, the fence shall be located a minimum of 10 feet from the side street right-of-way, with a maximum height of six (6) feet. See Figure 150.402(D)(2)(b).
(3) Side and Rear Yards. Fences in a side or rear yard may be built adjacent to but not upon the lot line, and shall be located entirely on the owner’s property. The Zoning Administrator may approve a fence to be placed upon the property line when the fence connects to an existing fence on an abutting property and the abutting property owner has agreed in writing to the connection of the fences.
(a) Fences that surround the yard’s accessory uses (deck, patio, garden, etc.) shall be not less than four (4) feet and no more than six (6) feet in height and all opening, doorways and entrances shall be equipped with gates of equal height with said fence.
(b) At least one unlocked gate or fence opening of a minimum of three feet in width shall be provided in each yard to permit emergency access.
(E) Fence in Front Yard as Conditional Use.
(1) Notwithstanding the location regulations in § 150.402(D), the Planning Commission may authorize the installation of a fence in the required front yard of a residential lot under the following circumstances:
(a) The lot is located on a major street or collector street.
(b) The lot is located across the street from nonresidential zoning.
(c) The lot has a lot area of one acre or larger, a minimum lot width of 200 feet, and is not located within a residential subdivision.
(2) The fence be an open ornamental fence that does not exceed six (6) feet in height.
(F) Permitted Fence Types. The following types of fences are permitted in compliance with the location requirements set forth in § 150.402(D).
(1) Chain Link and Pipe Fences.
(2) Open Ornamental Fences: Picket, Rail, or Split Rail.
(3) Privacy Fences: Basket Weave or Woven, Louver or Ventilating, Stockade/Palisade.
(4) Similar Fences. The Planning Commission may permit other fences that are similar in character and design to one or more of the fences permitted by this Zoning Code.
(G) Prohibited Fence Materials. Barbed wire, electric fences, chicken wire, hog fencing, snow fences, agricultural fences and fences comprised of similar materials are prohibited, except that a snow fence or fence of similar type may be erected or placed in any yard during the period from November to March for the sole purpose of preventing the drifting of snow on roadways, driveways and sidewalks, but such fence shall not be used at any time as a temporary or permanent fence or enclosure.
(H) Maintenance. Such permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained. Any such fence permitted on the property line shall be designed, constructed and finished so that the supporting members thereof shall face the property of the owner of the fence.
(I) Inspection.
(1) It shall be the duty of each property owner to determine property lines and to ascertain that the fence, thus constructed, does not deviate from the plans as approved by the Village Administrator or his or her designee. Fences shall not encroach upon another lot or parcel of land.
(2) The Village shall furnish such inspection as deemed necessary to determine that such said fence is constructed in accordance with plans submitted for the permit. The issuance of a permit, by the village, shall not be construed to mean that the village has determined said fence is not encroaching upon another lot, nor shall it relieve the property owner of duty imposed upon him or her herein.
(Ord. 2023-03, passed 2-27-2023)