[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any structure regardless of composition, except a living fence, that is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.
- FRONT YARD
- Applies to that portion of the yard in front of the rear building line of any building. All corner properties adjacent to a public street, alley or highway shall also be considered as a front yard for purposes of this chapter. However, this definition shall specifically not apply for purposes of swimming pool protection.
- The distance measured from the existing grade to the top of the fence.
No fence, wall or other type of construction shall be erected without the approval of the Code Enforcement Officer.
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer on a form provided by the Code Enforcement Officer. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence, the materials proposed to be used therein which must be in accordance with this chapter and any other pertinent local law regulating construction within the Village and be accompanied by an appropriate fee. Upon approval by the Code Enforcement Officer, a permit shall be issued which will be in effect for a period of one year after the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials.
The permit provisions of this chapter shall apply to fences in the residential districts. The provisions shall, however, not be applicable to commercial property. No fence shall be erected in the applicable districts in excess of the height limitations as set forth herein.
Rear yards. No fence shall be more than six feet in height at the rear of homes and buildings and shall not extend forward of the rear building line of any existing or proposed dwelling.
Front yards and side yards. No fence shall be more than four feet in height in any front yard and side yard.
Any fence erected under this chapter shall be placed at least six inches back from any property line and the finished face must face outwardly from the property erecting the fence. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk.
Any fence, wall or similar structure as well as shrubbery which unduly cuts off light or air which may cause a nuisance, a fire hazard or a dangerous condition is hereby expressly prohibited. Further, no fence shall be erected in a front yard in a residential district or along a public right-of-way unless the fence is uniformly less than 50% solid.
The following fences and fencing materials are specifically prohibited:
All chain link fences erected shall be erected with the closed loop at the top of the fence.
No fence shall be multicolored.
All entrances or gates shall open onto the property.
All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots.
The Code Enforcement Officer or Superintendent of Highways shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or structure on private or public property wherever the same shall interfere with adequate visibility for operators of motor vehicles at street intersections or curbs. Any person who shall refuse or neglect to comply with the written direction of the Code Enforcement Officer or Superintendent of Highways shall be guilty of a violation of this chapter and shall be subject to its penalties. If the property owner feels aggrieved by any decision of the Code Enforcement Officer or Superintendent of Highways, he shall have a right to appeal the decision to the Village Board.
Where the Code Enforcement Officer denies a permit for the erection of a fence pursuant to the provisions of this chapter, the applicant may appeal such decision to the Board of Appeals, which Board shall determine if there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter. The Board of Appeals may grant a variance from the requirements of this chapter so that the public safety and welfare will be secured and substantial justice done.
Any person, firm or corporation or his or her or its agent, servant, workman or employee violating any of the provisions of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for not more than six months. Each day's continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.