[HISTORY: Adopted by the Village Board of the Village of
Churchville 12-7-1998 by L.L. No.
4-1998 (Ch. 56 of the 1984 Code). 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,
on the boundaries, a piece of land or dividing a piece of land into
distinct portions. This chapter applies only to fences on the boundaries
of any parcel.
Applies to that portion of the yard in front of the front
building line of the main building. On all corner properties, any
yard adjacent to a public street, alley or highway shall also be considered
a front yard for the purposes of this chapter. However, this definition
shall specifically not apply for purposes of swimming pool protection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Building Inspector/Code Enforcement Officer.
The Building Inspector/Code Enforcement Officer shall secure approval
of the Superintendent of Public Works, where applicable. The provisions
of this chapter should not apply to the owner of premises devoted
to full-time farming.
Any person or persons, corporation, firm or association intending
to construct a fence shall, before any work is commenced, make application
to the Building Inspector/Code Enforcement Officer on the form provided.
Said application shall be accompanied by a plan or sketch showing
the proposed location of any fence, height of the entire fence and
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 shall be accompanied by an appropriate fee.
Upon approval by the Building Inspector/Code Enforcement Officer,
a permit shall be issued, which will be in effect for a period of
one year from the date thereon. Once construction has been started,
it must be completed, inspected and approved in a timely fashion.
Said permit shall be posted and visible during the progress of the
work so that the proper Village official may inspect it. When the
installation is complete, the Building Inspector/Code Enforcement
Officer will issue a certificate of compliance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Fences and walls shall be permitted, provided that, in any residential
district, no fence or wall shall exceed three feet in height in any
front yard or six feet in height in any rear or side yard. Exceptions
to this are corner lots. Both the Building Inspector/Code Enforcement
Officer and Superintendent of Public Works must approve the height
of fences on corner lots.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any fence erected under this chapter shall be placed upon the
owner's property line, but must be entirely upon the owner's
property as close to the owner's property line as possible without
infringing on adjacent property. Any fence erected in a front yard
shall be placed at least four feet back from the sidewalk where it
exists and, where it does not exist, from the edge of the right-of-way.
Both the Building Inspector/Code Enforcement Officer and Superintendent
of Public Works must approve the location of fences on corner lots.
A.
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 or an obstruction to people and equipment
in regard to traffic or for combating fires or which may affect public
safety 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 and
does not obstruct visibility. It is the intent of this section to
allow the construction of a fence that does not obstruct vision and
is otherwise aesthetically pleasing.
B.
All fences must be properly installed and properly maintained at
all times.
C.
Both the Building Inspector/Code Enforcement Officer and Superintendent
of Public Works must approve the materials for fences on corner lots.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The following fences and fencing materials are specifically
prohibited:
A.
Barbed wire.
B.
Pointed fences that are a hazard to public safety or welfare.
C.
Cloth fences.
D.
Electrically charged fences except for invisible fences which are
buried underground and designed to emit a radio transmission for the
purpose of keeping pets that are wearing a special radio receiver
collar within a confined area. Invisible fences must be 10 feet from
sidewalks, and small signs indicating that there is an invisible fence
are required. For this type of fence, a permit will be required and
signage provided, but no permit fee will be charged.
E.
Poultry fences.
F.
Turkey wire.
G.
Expandable fences and collapsible fences, except during construction
of a building.
All chain-link fences erected shall be erected with the closed
loop at the top of the fence.
All entrances or gates shall open into the property.
Any wood, stockade, chain-link or other type of fence shall
have the smooth side or finished side facing to the outside of the
property owner installing the fence. Fence posts will be placed on
the inside of the fence.
Notwithstanding the provisions of this chapter, the Building
Inspector/Code Enforcement Officer may issue a permit for the construction
of a security fence for commercial and industrial properties, upon
due application to and approval by the Building Inspector/Code Enforcement
Officer of the Village of Churchville.
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 and/or other structures or vehicles, whether
stationary or transitory, on private or public property.
The Building Inspector/Code Enforcement Officer or Superintendent
of Public Works 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 other structure
on private or public property wherever the same shall interfere with
adequate visibility of operators of motor vehicles at street intersections
or curbs. Any person who shall refuse or neglect to comply within
15 days with the written direction of the Building Inspector/Code
Enforcement Officer or the Superintendent of Public Works shall be
guilty of a violation of this chapter and shall be subject to its
penalties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any denial of a fence permit application may be appealed to the Zoning Board of Appeals as provided in Chapter 250, Zoning, of the Village Code.
