A. Prohibited Fences And Walls:
1. The following fences and walls are prohibited:
a. Fences, including walls, and planting material used in the nature of a fence, placed or maintained on any portion of any public right of way or in any required yard which, by the nature of the materials used for its construction, its design or location would impair public safety by interfering with and obstructing the vision of persons using the streets, sidewalks or driveways on or adjacent to such a yard. No such fence may be located within the "sight distance triangle", as defined in section 9-2-1 of this title, or ten feet (10') along the street right of way and driveway when a street and driveway intersect, or along the street right of way and an alley when a street and alley intersect.
b. Fences or walls constructed in whole or in part of electrically charged wire, barbed wire, spikes, glass, protruding nails, or other sharp or pointed material of any kind. Except, that barbed wire may be used on a lot in the A-1 district when such lot is used for permitted agricultural purposes.
c. Chainlink fences with barbed ends up.
d. Chainlink fences with privacy insert strips in residential zoning districts. Privacy insert strips may be used in chainlink fences in nonresidential zoning districts, provided all of the inserts are of the same color.
e. Snow fences, except for the exclusive control of windblown snow between November 1 and March 31, or erected by state or local highway authorities, or used exclusively for protection devices at excavation sites.
f. Fences constructed of less than 9-gauge wire.
g. Front yard fences. Front yard fences installed prior to the effective date hereof shall not be replaced.
2. Exceptions to this subsection may be granted by petition to the zoning official.
B. Location, Construction And Maintenance:
1. Fences and walls shall be located entirely on the lot of the property owner constructing the fence or wall.
2. Fences may be located on public utility and drainage easements; however, the village and the public utility companies having rights to use said easement reserve the right to remove said fence to construct, repair or maintain utility facilities with no obligation to replace or restore said fence, unless so stated in the governing easement document. It shall be the obligation of the property owner to locate all utilities prior to construction of a fence.
3. The finished side of the fence or wall must face out from the property of the property owner constructing the fence or wall.
4. No fence or wall shall be constructed or maintained in such a manner as to obstruct, inhibit, impair or otherwise alter overland surface drainage across any adjoining lot. (Ord. 2004-10, 6-8-2004)
C. Height Restrictions: For the purpose of this section, a side yard extends from the required front yard to the required back yard. Fence height shall not exceed the following limitations, measured above the street grade directly opposite the fence, subject to the sight distance triangle rule 1 :
1. Residential: Rear and side yards, six feet (6').
2. Nonresidential: All yards, eight feet (8').
3. Exception: Nonresidential bordering residential, six feet (6'). (Ord. 2004-19, 8-10-2004)
E. Public Works Fences: Protection of pedestrians (public) as it pertains to the work site is regulated by the village building code 3 . (Ord. 2004-10, 6-8-2004; amd. 2005 Code)
F. Exemptions From Zoning Regulations: The provisions of this title shall not apply to the following:
1. Fences constructed for the safety of children on park or school playgrounds.
2. Planting material used in the nature of a fence, except as otherwise prohibited by subsection A1a of this section. (Ord. 2004-10, 6-8-2004)
Notes
| 1 | |
| 2 | 2. See title 8, chapter 1, article A of this code. |
| 3 | 3. See title 8, chapter 1, article A of this code. |