[HISTORY: Adopted by the Village Board of the Village of Superior as indicated in article histories. Amendments noted where applicable.]
Article I Residential Fences
[Adopted 5-14-2009 by Ord. No. 45]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- A structure accessory to and customarily incidental to the principal use, which is erected within a rear, side, or front yard as a barrier, divider or enclosure. It must be constructed of material manufactured for such purpose.
- That side of a fence which does not contain any exposed supporting posts or framing members, provided that, in the case of a double-sided fence where an equal amount of supporting posts and framing timbers are visible on both sides of the fence, each side shall be considered to be a finished surface.
- An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring yard for the purpose of determining the width of a side yard, the minimum horizontal distance between the lot line and the main building shall be used.
- YARD, FRONT
- A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projection permitted by the Building Code of the Village. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
- YARD, REAR
- A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear of the main building or any projections thereof, other than the projections of uncovered steps, uncovered balconies, or uncovered porches, and the rear lot line. On all lots, the rear yard shall be at the opposite end of the lot from the front yard.
- YARD, SIDE
- A yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto.
The maximum fence height in a front yard or side yard adjacent to a street in front of the rear wall of the principal building is four feet. In any other side yard, or in any rear yard, the maximum height is eight feet.
When fencing height provisions for one lot are more restrictive than such provisions for an abutting lot with the same lot line, the more restrictive provision shall apply.
On corner lots, within 20 feet of the corner of such lot adjacent to the street intersection, no fence shall exceed three feet above the curb level directly opposite, except that chain link fences with a mesh of two inches or more shall be permitted within such area to a maximum height of four feet.
Within five feet of any driveway access to a street or alley access to a street, no fence shall exceed three feet in height, except chain link fences with a mesh of two inches or more.
All fences shall be constructed five feet from an alley line. (This is to eliminate damage from snow removal and provide a place for garbage cans.)
All fences shall be constructed at least one foot from the Village right-of-way.
The finished surface of a wood or screen fence shall be installed facing the exterior of the lot which is viewed by surrounding properties.
Wood fences that are not constructed of pressure-treated wood shall be stained or painted unless the fence is constructed of a material that is naturally resistant to weather (cedar and redwood, etc.).
The following practices are prohibited:
Barbed wire fences and electric fences are not permitted within residential districts within the Village.
It shall be unlawful to construct a fence between dwellings when the fence will be located within five feet of a neighboring dwelling.
It shall be unlawful to construct a fence without first obtaining a building permit from the Village.
It shall be unlawful to construct a fence, plant trees or hedges on private or public property so as to obstruct the vision of the operators of motor vehicles.
Fences shall be maintained in a condition of good repair and appearance. It shall be the duty of the Village Building Inspector or the Inspector's designee to have removed by the owner any fence which has fallen into a state of disrepair or has become an eyesore and become a danger to the safety, health or welfare of neighbors in the Village.
Fees referred to in this article shall be established by the Village Board in a fee schedule and may from time to time be modified by the Village Board. Fees shall be related to costs involved in handling permit application, reviewing plans, conducting site inspections and administering this article.
Any person convicted of violating provisions of this article shall forfeit not less than $100 plus assessments and court costs.