(a) Purpose. The purpose of this section is to establish regulations controlling the use of fences, whereby the lot owner in a residential district may have the privilege of privacy and landscape design within his own lot with due consideration to the environment of his neighbor, the appearance of the community, the safety of the public and the individual and the preservation of open spaces.
(b) Scope.
(1) This section shall apply to all residential districts as the same are defined in this chapter and the official Zoning Map of the Municipality. This section shall not apply to Business Districts as defined in Chapter 1159 and the official Zoning Map of the Municipality, Industrial Districts as defined in Chapter 1161 and the official zoning map of the Municipality and Special and Resource Districts as defined in Chapter 1163 and the official Zoning Map of the Municipality.
(2) This section shall not apply to any fences that were erected or planted prior to the effective date of this section and that were in full compliance with the law in effect when the same were constructed.
(c) Definitions.
(1) "Fence" means any structure composed of wood, steel, metal, iron, aluminum, plastic or other polymer based item, shrubbery, hedges or any other material erected in such a manner and positioned so as to enclose or partially enclose any premises or any part of any premises. Trellises or other structures supporting or used for the purpose of supporting vines, flowers and other vegetation when erected in such position so as to enclose any premises or any part of any premises shall be included within the definition of "fences". Structures which have an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises or of separating premises from adjoining premises, shall not be included within the definition of "fences".
(d) Permitted Fences. Subject to the yard requirements and open spaces as set forth in the pertinent zoning district, the following fences shall be permitted as follows:
(1) Fences erected on the property or lot line shall not extend in front of the face of the building extended to the adjacent property or lot line.
(2) Any fence erected within ten feet of any intersection shall not exceed four feet above the natural grade. Where a fence is constructed on an embankment, or where the ground under a fence has been graded to a higher level than the surrounding ground, the permissible height of the fence, as set forth in this section shall be reduced by the height of the embankment or grading.
(3) Any fence erected greater than ten feet from any intersection may exceed a height of four feet.
(4) The height of any fence shall not include the posts, except, however, the posts may not exceed the fence height by more than six inches.
(5) A fence of permitted height and design may be erected along or upon common property lines and across any utility easement so as to allow maximum use of the premises to be enclosed. Fences placed on utility easements shall provide access to manholes, utility boxes, cleanouts, lift stations or other apparatus that may be used from time to time for the maintenance of the utility. Fences in drainage easements shall require prior approval of the Village Engineer to allow for proper flow of water.
(6) No fence shall be erected or located within three feet of a manhole, utility box, cleanout, lift station or other apparatus that may be used from time to time for the maintenance of the utility. When a fence obstructs access to a manhole, utility box, cleanout, lift station or other apparatus that may be used from time to time for the maintenance of the utility, the owner shall be required to remove such fence at his or her expense without remuneration from the Municipality.
(Ord. 1996-32. Passed 12-3-96.)
(7) Any permitted fence shall be designed, constructed and finished so that the supporting apparatus and members thereof face the property of the owner of the fence.
(e) Maintenance. Permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between a permitted fence and the property or lot line shall be well maintained and in compliance with all applicable ordinances of the Village at all times.
(Ord. 2004-19. Passed 9-8-04.)
(f) Permit and Inspection.
(1) Any fences which may be permitted shall require the issuance of a permit by the Code Enforcement Officer after the same has been approved by him.
(2) Each property owner shall determine property lines and ascertain that the fence thus constructed does not deviate from the plans as approved by the Code Enforcement Officer issuing permits and does not encroach upon another lot or parcel of 1and. The Municipality shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with plans submitted for permit, provided, however, that the issuance of such permit by the Municipality shall not be construed to mean the Municipality has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein.
(g) Compliance Required; Conflicting Provisions.
(1) Fences shall be designed, erected, altered, reconstructed, moved, anchored, positioned and maintained, in whole or in part, strictly in accordance with the provisions of this section and the permit that is issued.
(2) To the extent that the provisions of this section are included in or similar to restrictive covenants contained in any deeds of record or recorded plats or approved subdivisions, or the contents of an approved zoning plan, then the contents of such restrictive covenants, approval of plats or subdivisions or plans shall control to the extent they are not in conflict with this section.
(h) Penalty. Whoever violates any provision of this section shall be deemed guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day that such violation occurs or continues shall constitute a separate offense.
(Ord. 1996-32. Passed 12-3-96; Ord. 2023-09. Passed 4-20-23.)