10-5-11: FENCES, WALLS AND HEDGES:
This section is intended to provide for the maximum safety of persons using the sidewalks and streets, and to provide for the maximum enjoyment of the use of the property.
   A.   Clear View Of Intersecting Streets: On any corner lot, within the triangular area formed by the two (2) street centerlines and a third line connecting two (2) points, one of which is located on each of the two (2) street centerlines, one hundred feet (100') from their junction, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (2½') and ten feet (10') above the plane surface formed by the centerline grades of the aforementioned streets.
   B.   Height Of Fences, Walls And Hedges:
      1.   Non-Residential And Agricultural Zoning Districts: Fences, walls, and hedges are permitted in any required yard in all non-residential and agricultural zoning districts subject to the provisions of this Section. Fences, walls, and hedges in non-residential and agricultural zoning districts may not exceed eight feet (8') in height at any point.
      2.   Residential Zoning Districts: Fences, walls, and hedges are permitted in any required yard in the Suburban Estate, Suburban Residential, and Southeast District subject to this Section and the following height limitations:
         a.   Fences, walls, and hedges in the rear yard may not exceed six feet (6') in height at any point. For the purposes of this Section, rear yard will mean the area running from the rear lot line to the front of the primary residence, and includes fencing returning from the side yard to the primary residence.
         b.   Fences, walls, and hedges in the front yard may not exceed four feet (4') in height at any point.
   C.   Fence Construction And Maintenance:
      1.   Post hole depth for all fences and walls above four feet (4') must be a minimum of forty two inches (42").
      2.   All fences, walls, and hedges must be maintained in good repair and in structurally sound condition.
      3.   No fence may have any noticeable leaning or missing sections, broken supports, non-uniform height or design, or peeling, flaking or chipped paint or coating.
      4.   Damaged or missing posts, pickets, or other components of a fence or wall shall be replaced within fourteen (14) days notice with material of the same type and quality.
      5.   The finished side of the fence shall at all times face the exterior of the property so as to be viewable from the outside of the property.
   D.   Fence Material In Residential Districts: Fences and walls may only consist of wood, stucco, masonry, stone, decorative P.V.C., manufactured fencing, or ornamental metal fencing. Fences and walls may not be constructed of welded wire mesh, chain link, solid plywood, scrap lumber, or other noncustomary materials.
   E.   Fence Color: All fences, walls, and hedges must be of a color which blends in with the natural surroundings or is consistent with the color of the primary residence on the lot.
   F.   Dangerous Fences: No fence may be maintained or constructed of, in whole or in part, barbed wire, razor wire, or other material that poses a safety hazard.
   G.   Traffic Visibility: No fence, wall, or hedge may be erected or maintained that creates a visual obstruction along a public or private street or right-of-way that interferes with traffic visibility or safety.
   H.   Temporary Fencing: Temporary fences such as plastic silt fences, snow fences, or temporary chain link fences are allowable as may be required for active construction projects, as long as such fences comply with all applicable building code requirements. Temporary fencing must be removed within thirty (30) days of construction being completed or halted.
   I.   Non-Conforming Fences: Fences, walls, and hedges that are existing, legal non-conforming structures may only be used, maintained, remodeled, enlarged, or otherwise altered in accordance with the provisions of Chapter 6 of this Title governing nonconformities. Any legal non-conforming fence, wall, or hedge may be repaired if fifty percent (50%) or less of the fence, wall, or hedge is damaged or in need of repair. If more than fifty percent (50%) of a legal non-conforming fence, wall, or hedge is damaged or in need of repair, the fence, wall, or hedge must be brought into compliance with this Section.
   J.   Governmental agencies; exceptions. Governmental agencies may erect fences that exceed eight feet (8'). This section shall supersede any other section of this Code. Prior to erecting such fence, such governmental agency shall obtain a permit from the Village to do so.
   K.   Permit Required: It shall be unlawful for any person to erect, move, alter, or repair any fence within the Village without first obtaining a permit from the Village. (Ord. 91-341, 4-2-1991; amd. Ord. 2022-1111, 2-1-2022; Ord. 2022-1113, 3-1-2022)