The following definitions shall apply to this
article:
A barrier utilized for confinement, protection, separation
or aesthetics, not intended to include retaining walls, building walls
or structural walls or cultivated or natural growth of shrubs and
trees.
A fence being less than 1/2 solid per square foot.
A fence being more than 1/2 solid per square foot.
Fences may be erected, installed or maintained
within any R or CX District, notwithstanding the yard requirements
of this chapter, in accordance with provisions as follows:
A.
Front yard fences. An open or solid fence, not exceeding
three feet in height, measured from sidewalk grade, shall be permitted
within the front yard area. For purposes of this article, the front
yard area shall be deemed to be bounded by the front property line
and the front building line of the principal building and the side
property lines enclosing such front yard. Any yard which abuts a public
street shall be subject to regulations for front yard fences.
B.
Side yard fences. An open or solid fence not exceeding
four feet in height, measured from the natural grade along the line
of installation, shall be permitted within the side yard areas. For
the purposes of this article, the side yard areas shall be deemed
to extend along a side property line to the nearest side of the principal
building from the front building line of such principal building to
the rear building line.
C.
Rear yard fences. An open or solid fence not exceeding
six feet in height, measured from the natural grade along the line
of installation, shall be permitted in the rear yard area at any point
where such rear yard abuts the rear yard of an adjoining property.
For the purposes of this article, the rear yard area shall be deemed
to be bounded by the rear building line of the principal building
and the rear property line and the side property lines enclosing such
rear yard. In all other cases, an open or solid fence not exceeding
four feet in height shall be permitted in the rear yard area.
D.
Corner lots. A corner lot shall comply with fence
regulations for front yard areas on each property line and yard which
is adjacent to a street. Fences not exceeding four feet in height
shall be permitted along all other lot lines and yard areas.
E.
Through lots. Through lots shall comply with fence
regulations for front yard areas for each yard of the lot which is
adjacent to a street. Such front yard fences shall be located within
the required front setback areas. All other fences within the through
lot shall not exceed four feet in height except that a fence six feet
in height shall be permitted along any side lot line which abuts a
yard of an adjoining lot where a fence six feet in height is permitted.
Fences may be erected, installed or maintained
in districts other than R or CX Districts, notwithstanding the bulk
requirements of this chapter, in accordance with provisions as follows:
A.
A fence not exceeding six feet in height shall be
permitted along any lot line of a lot on which a single-family or
two-family dwelling use is located when such fence is contiguous to
the property line of a lot in a C, P or PK District, except that where
such property is used for single-family or two-family dwelling purposes,
the fence regulations for R District shall apply.
B.
A solid fence not exceeding eight feet in height shall
be permitted on any lot line which abuts a railroad right-of-way.
C.
Post or support members of a fence may exceed specified
height requirements by eight inches as long as each such extended
post or support member is separated from any other extended post or
support member by not less than four feet.
D.
Where a retaining wall is required or installed to
avoid erosion or to maintain elevated grade levels, any side or rear
yard fence may be erected on top of or adjacent to such retaining
wall in accordance with the height regulations of this article, provided
that such retaining wall is not higher than 18 inches above the lower
grade of the nearest adjoining property. A front yard fence erected
on or adjacent to a front yard retaining wall may not exceed in the
aggregate 36 inches above sidewalk grade. All other fences erected
on or adjacent to retaining walls shall be subject to approval by
the Board of Appeals.
E.
Decorative or landscape plantings, shrubs, evergreens,
deciduous plantings and similar plants which are not designed or intended
as fencing are permitted in any yard and are excepted from the height
provisions of this article, provided that such plantings do not obstruct
traffic or driveway access, are maintained and kept at a safe and
aesthetically pleasing height and are not detrimental to adjoining
properties.
F.
All fences shall be durable, properly maintained and
not detrimental to adjoining property. The Superintendent, Planning
Board and Board of Appeals may impose more restrictive standards for
aesthetic or safety purposes than are required by this article in
connection with any matter reviewed by such officer or Board.
G.
Any fence in any district shall have its most pleasant
or decorative side facing the adjacent lot with all posts being in
the applicant's yard unless such posts are an integral part of the
decorative design of the fence. The pleasant or decorative side of
a fence may face an applicant's yard where such fence will be adjacent
to a preexisting opaque fence or screening on the adjoining property
of the same height or higher.
H.
Screening and swimming pool fence requirements shall
be deemed to supersede the requirements imposed by this article to
the extent that they conflict with or impose greater restrictions
than are required by this article.
I.
The Village Board may exempt from these regulations
any fence on public lands, playgrounds or schools.
J.
Barbed wire, razor wire or other electrified, sharp
or hazardous points are prohibited on the top or at any other portion
of a fence in any district.
After the effective date of this chapter, no
person shall erect any fence, as defined herein, without first obtaining
a permit therefor from the Superintendent.
Application for the permit shall be made in
writing, in duplicate, upon forms provided by the Department of Building
and Code Enforcement. No fence shall be erected until the Department
of Building and Code Enforcement determines that the fence complies
with all applicable regulations and until the permit has been issued.
Fees for applications for fence permits shall
be established by the Village Board by resolution at an open meeting.
Any person aggrieved by any decision of the
Superintendent relative to the provisions of this article may appeal
such decision to the Board of Appeals as provided in this chapter
and shall comply with all procedural requirements prescribed by such
Board of Appeals.
Any person, contractor, business or corporation
erecting, installing or altering any fence on any premises shall comply
with all licensing and bonding provisions required by the Village.
