A. Permitted Obstructions: For the purpose of this title, the following shall not be considered as obstructions when located in the yards indicated:
1. In Any Required Yard:
Bay windows.
Chimneys.
Driveways, provided the side edge of the driveway closest to a side lot line is at least twelve feet (12') from such line.
Entry structures not exceeding twelve feet (12') in height in the W1 and W2 Zoning Districts; not exceeding eight feet (8') in height in all other zoning districts.
Open terraces and awnings adjoining the principal building if they do not exceed ten percent (10%) of the depth of the yard.
Ornamental light standards and flagpoles.
Overhanging roof eaves, including gutters.
Trees and shrubs, provided that in that portion of a required front or side yard situated within twenty feet (20') of the lot corner formed by the intersection of any two (2) street lines, shrubs shall not be higher than thirty six inches (36") above street level.
2. In Front Yards: No other obstructions shall be permitted other than or permitted in subsection A1 of this section. For the purpose of permitted obstructions, the “front yard” shall be defined as the area between the side lot lines which is in front of the building line of an existing or proposed principal residence.
Open fences not to exceed forty eight inches (48") in height.
3. In Side Yards:
Air conditioning equipment provided the same is visually screened with evergreen shrubs or a wall or solid fence.
Open accessory off street parking spaces, except in a side yard abutting a street. Where permitted, such parking spaces shall be located on a driveway.
Open fences not to exceed five feet (5') in height.
4. In Rear Yards (Subject To Section 10-3-5 Of This Chapter):
Air conditioning equipment immediately adjacent to the principal residence.
Arbors and trellises.
Coops and pens.
Fixed recreational equipment.
Gazebos.
Open accessory off street parking spaces.
Open fences not to exceed five feet (5') in height.
Private garages, detached.
Private garages, if attached or structurally a part of the principal building.
Private stables.
Private swimming pools provided they are located in accordance with regulations of this title and other applicable ordinances of the Village.
Sheds.
Tool rooms or other similar accessory buildings.
Notwithstanding any provision in this subsection A to the contrary, on lots or parcels located within the Wayne Village Historic District (as such district is described in subsection 9-3-4B2 of this Code),
solid fences not exceeding five feet (5') in height are permitted within the required side and rear yards, and other permitted accessory structures are permitted within the required rear yard provided the same are located not less than ten feet (10') from the rear property line.
B. General Regulations:
1. The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.
2. No lot shall be reduced in area so that the yards or other open space become less than required by this title.
3. On streets where a front yard setback has been maintained for buildings existing on lots or tracts having a frontage of fifty percent (50%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, or a distance of one thousand eight hundred (1,800) linear feet along such frontage, whichever is less, there shall be maintained a front yard setback of not less than the average setback of the aforementioned existing buildings, but in any event, not less than the minimum front yard setback for the district in which the property is located.
4. On a vacant through or corner lot, either of the lot lines abutting a street right-of-way line may be established as its front lot line, except that where two (2) or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street.
5. Fences or walls, as the case might be, shall comply with the following requirements in addition to those found elsewhere in the Zoning Ordinance:
a. All fences shall be erected with the "good" or "decorative" side facing outward.
b. The electrification of fencing, barbed wire or razor wire fencing and the like are expressly prohibited; provided however, that fencing which includes barbed wire or concertina strands on top of fences and fences over six feet (6') in height on properties deemed to be in hazardous usage may be permitted only by and in connection with a special use. As used herein the electrification of fencing shall not include or prohibit a single electrified or "hot" wire when attached to a fence enclosing a pasture or paddock and intended for the purpose of confining livestock.
c. Snow fencing is prohibited except where placed by a governmental entity to prevent the drifting of snow or where used to enclose a construction site.
d. Chainlink fencing shall be permitted only as a special use. T-posts and wire mesh fences shall be permitted only on lots or parcels of more than forty (40) acres and only as a special use. When approved as a special use, wire mesh fencing shall be permitted only if supported both vertically and horizontally by wood posts and top rails.
e. The linear footage of entry structures shall not exceed ten percent (10%) of the frontage of the lot on which they are placed.
f. Plastic flex fencing and the like are expressly prohibited.
g. All walls shall be of materials compatible with the principal residence on a lot. All walls shall be constructed on a foundation as required by title 8, "Building Regulations", of this Code.
h. Solid fences and walls shall not be permitted in the front yard of lot as the term “front yard” is defined in subsection A2 of this section. Solid fences and walls not exceeding six feet (6') in height may be located to the rear of a principal residence provided the same are not located within the required rear and/or side yard(s) for the zoning district in which such zoning lot is located. The area to be enclosed by a solid fence or wall shall be adjacent to the rear of the principal residence and shall not be greater than the dwelling area of the first floor of such residence. (Ord. 89-13, 5-16-1989; amd. Ord. 10-08, 6-15-2010; Ord. 19-13, 8-20-2019; Ord. 20-16, 8-18-2020; Ord. 22-11, 10-4-2022; Ord. 22-17, 12-20-2022)