(a) Purpose. The purpose of this section is to maintain an open, park-like atmosphere around the lake, and allow each lakefront property owner views of the lake.
(b) Approval Required.
(1) The erection, re-erection, altering or relocating of a fence, arbor or trellis shall be unlawful unless a sketch or design of the proposed fence, arbor or trellis and its location on the property, including a description of materials to be used and specification of height, shall be submitted, and any applicable fees paid to the village. Approval will not be issued if the village determines that the proposed fence, arbor or trellis does not meet the requirements of this zoning code.
(2) Fence, arbor or trellis approval shall become null and void if the work for which the approval was issued is not completed within six months of the date of approval.
(c) Approved Fences, Arbors, Trellises, and Landscape Fences/Screens.
(1) Residential fences, arbors, trellises, and landscape fences are permitted on property zoned and used for residential purposes, subject to the following:
A. All fences, arbors and trellises must be ornamental in nature. See Exhibit A, following the text of this chapter, for examples of permitted fences.
B. Unless otherwise provided herein, all fences, arbors and trellises located on the ground shall be constructed with posts in a foundation sunk into the soil at least two feet. Fences shall not be mounted to decks or other structures in place of railings or other structural features in yards where they would not otherwise be permitted. Masonry fences must conform to the Building and Housing Code.
C. Fences, arbors, trellises and landscape fences may be located along the property line. All exposed horizontal and vertical members of a fence, arbor or trellis shall be located on the inside of the property they are intended to fence. If adjoining property owners jointly apply for a permit to erect a fence, arbor or trellis upon their common property line, such fence, arbor or trellis may be so erected.
D. The maximum height of permitted fences and landscape fences shall be measured from the ground level adjacent to the highest point of the fence. Fill shall not be used for the purpose of achieving a higher fence than otherwise permitted. Maximum height of permitted fences and landscape fences shall be subject to the following provisions:
1. Fences and landscape fences located in a required or unrequired front yard shall not exceed thirty inches in height.
2. Fences and landscape fences located in a required or unrequired side yard shall not exceed six feet in height, unless said side yard abuts a front yard, in which case the fence and landscape fence shall not exceed thirty inches in height. Fences and landscape fences in subdivision lake access lots cannot exceed forty-eight inches in height and fences must be of picket, rail, or ornamental types only.
3. Fences and landscape fences located in required or unrequired rear yards shall not exceed six feet in height, unless said rear yard abuts a front yard, in which case the fence and landscape fence shall not exceed thirty inches in height.
4. No fence or landscape fence shall be permitted in required or unrequired lakefront yards except for barriers required for swimming pools, spas, hot tubs, and similar facilities as prescribed by Chapter 1472, Swimming Pools, or fences and landscape fences on subdivision lake access lots as allowed by this section.
5. Landscape berms are permitted in any yard, provided the berm does not exceed thirty inches in height.
6. For the sake of this chapter, trellises must comply with all of the above fence requirements. Arbors are considered landscape fences, are only allowed within a required or unrequired rear yard, and must comply with subparagraph 3. above.
7. Arbors, trellises, or any other structures of the like must be free standing, i.e., they should stand alone and not be contiguous with a fence row. Arbors, trellises or any other structure or items that are positioned to circumvent this chapter shall not be allowed.
E. In the event there are abutting yards with conflicting applicable provisions, the shortest maximum height requirement will apply.
(2) Invisible fences for the control of pets are allowed on one's own property.
(3) Fences on property in residential zoning districts, but used for other purposes, such as a public park or other permitted use, shall meet the landscape buffer requirements of Section 1270.03.
(4) Commercial fences, arbors and trellises on property zoned and used for commercial purposes, are permitted subject to the following:
A. Shall be permitted in the rear or side yards of non-residential districts. No fence shall extend toward the front of the lot further than any portion of the principal structure.
B. Shall not exceed eight feet in height and shall be measured from ground level adjacent to the highest point of the fence. Fill shall not be used for the purpose of achieving a higher fence than otherwise permitted.
(Ord. 106A-30. Passed 10-13-99; Ord. 106-A36. Passed 7-9-03; Ord. 106-A43. Passed 4-11-07; Ord. 106-A49. Passed 11-12-08; Ord. 160A-57. Passed 7-11- 12; Ord. 106A-58. Passed 7-11-12; Ord. 106A-100. Passed 6-10-15; Ord. 106A-110. Passed 2- 20-19; Ord. 106A-115. Passed 11-9-20; Ord. 106A-121. Passed 3-13-24.)
Exhibit A
Types of Fences
Types of Fences
