[Comp. Ords. 1995, § 22.322; Ord.
No. 119, art. II(1) — (11), 10-4-1999]
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 constructed structure which is vertical to the terrain,
and consists of spaced vertical support members to which have been
affixed horizontal and/or vertical materials which span the openings
between the vertical support members, thus forming an enclosure for
limiting access to and from real property.
A yard extending between side lot lines across the front
of a lot adjoining a public street. In the case of through lots, unless
the prevailing front yard pattern on adjoining lots indicates otherwise,
front yards shall be provided on all frontages. In the case of corner
lots each side of the lot which adjoins a public street shall be considered
the front of said lot.
A vertical row-like obstruction consisting of living vegetation,
excluding trees, which is cultivated and maintained for pleasing appearances
and serves as an enclosure for limited access to and from real property.
Such an obstruction generally provides obstruction to vision, but
this is dependent upon the season of the year.
The measurement of the object to be measured above the natural
grade.
A fence where the spacing between the vertical support members
has been enclosed with either metal wire construction or wooden boards
to render a structure that is predominately open and results in limited
or no obstruction to vision.
The yard extending across the rear of a lot between side
lot lines. The depth of a rear yard shall be measured in such a manner
that the yard established is a strip of the minimum width required
by the district regulations with the inner edge parallel with the
rear lot line.
A yard extending from the rear line of the required front
yard to the front line of the required rear yard. In the case of through
lots, side yards shall extend between the rear lines of the required
front yards. The width of a side yard shall be measured in such a
manner that the side yard established is a strip of the minimum width
required by the district regulations with the inner edge parallel
with the side lot line.
A fence where the spacing between the vertical support members
has been enclosed with either metal sheeting, fiberglass panels or
typical wooden materials consisting of boards, panels or stockade
type posts which creates a structure without openings which totally
or substantially obstructs vision.
A fence where the spacing between the vertical support members
has been enclosed with either vertical or horizontal wooden boards
spaced in such a manner that openings occur which are not less than
four inches in width. The resulting structure is predominately closed
and affords limited to complete obstruction to vision but allows passage
of air and/or sunlight.
A required open space, between a lot line and a structure
or group of structures, other than a court, unoccupied and unobstructed
by any structure or portion of a structure, except as provided within
the article; provided, however, that fences, walls, poles and other
customary yard accessories, ornaments and furniture may be permitted
in a yard subject to height limitations and requirements limiting
obstruction of visibility.
[Comp. Ords. 1995, § 22.364; Ord.
No. 119, art. VI(1), 10-4-1999]
Any person who violates any of the provisions of this article
shall be deemed guilty of a misdemeanor. Upon recommendation of the
Zoning Administrator, the Village counsel may direct the Zoning Administrator
to cause any fence or hedge which is in violation of this article
to be demolished and removed from the property. All costs associated
herewith shall be billed to the property owner and/or person responsible
for the violation. Any unpaid amounts shall be placed on the property's
tax and collected in the same manner as are taxes assessed under the
general laws of the state.
[Comp. Ords. 1995, § 22.331; Ord.
No. 119, art. IV(1), 10-4-1999]
(a)
Front yards.
(1)
Front yard fences shall be open fences not to exceed four feet in
height. No vertical support members shall exceed the fence height
by more than four inches.
(2)
Front yard fences and hedges shall be set back three feet from the
road right- of-way or sidewalk if a sidewalk exists on any portion
of the front yard.
(3)
No fence or hedge shall obstruct the vision from the yard on which
the fence is or any adjacent roadway. This shall apply along street
or highway rights-of-way, including ingress and egress facilities
to real property.
(4)
Any fence, hedge or structure erected, planted or allowed to grow
which encloses a front yard shall not be used to house or enclose
animals of any kind.
(b)
Side yards.
(1)
Any fence, hedge or structure erected, planted or allowed to grow
for the purpose of enclosing a side yard shall not exceed six feet
in height above the natural grade. No vertical support members shall
exceed the fence height by more than four inches.
(2)
Ventilated fences and/or hedges may be erected provided they do not
exceed six feet in height above the natural grade. No vertical support
members shall exceed the fence height by more than four inches.
(3)
No fence or hedge enclosing a side yard shall be erected within 10
feet of an established street or highway right-of-way.
(4)
No vines, vegetation or growth of any kind shall be permitted on
side yard fences or walls which reduce the original open area causing
a loss of air flow or sun flow through the fence.
(5)
In the absence of a sidewalk or right-of-way, a fence shall be placed
on the side yard lot line.
(c)
Rear yards.
(1)
Any fence erected for the purpose of enclosing a rear yard may be
an open, ventilated, or solid fence, which shall not exceed six feet
in height above natural grade. No vertical support members shall exceed
the fence height by more than four inches.
(2)
Hedges planted or allowed to grow to enclose a rear yard shall not
exceed six feet in height above natural grade.
(3)
Rear yard fences shall be placed on the lot line or three feet from
any existing sidewalks, or if the road right-of-way of the rear yard
abuts a road or alley.
[Comp. Ords. 1995, § 22.332; Ord.
No. 119, art. IV(2), 10-4-1999]
(a)
Fences or hedges which are adjacent to a residential district or
residential use shall not exceed six feet in height and shall be erected
and maintained in accordance with screening requirements of this article.
(b)
Fences in commercial districts shall be subject to the same restrictions
as fences located in residential districts.
(c)
All fences erected in industrial districts shall be not less than
six feet in height.
[Comp. Ords. 1995, § 22.341; Ord.
No. 119, art. V(1), 10-4-1999]
(a)
No person shall place or permit to be placed any spikes, barbed wire,
or sharp pointed cresting, or other thing dangerous and likely to
snag, tear, cut or otherwise injure any person.
(b)
No person shall erect an electric fence containing uninsulated electric
conductors that may be exposed to human contact.
[Comp. Ords. 1995, § 22.342; Ord.
No. 119, art. V(2), 10-4-1999]
Construction of fences shall be completed within 60 days from
the start of construction.
[Comp. Ords. 1995, § 22.343; Ord.
No. 119, art. V(3), 10-4-1999]
Except as herein provided, fences may be located adjacent to
a lot line, but shall be constructed and located entirely on the lot
of the person responsible for the construction or erection of the
fence.
[Comp. Ords. 1995, § 22.344; Ord.
No. 119, art. V(4), 10-4-1999]
On any corner lot no fence, accessory structure, plant, shrub
or similar object over three feet in height shall be placed, erected,
constructed, planted or allowed to grow in the area bounded by the
street lines of such corner lot and a line joining points along the
right-of-way lines of such corner 20 feet from the point of the intersection.
[Comp. Ords. 1995, § 22.345; Ord.
No. 119, art. V(5), 10-4-1999]
Any fence or hedge constructed, erected, planted or allowed
to grow in the Village shall have a pleasing aesthetic appearance
and shall be maintained in a safe and acceptable manner, conforming
to the height requirements of the district in which it is located.
[Ord. No. 119, 10-4-1999]
A fence shall be stable, safe and properly supported. Fence
posts shall be at right angles to the horizon. Fences shall not be
constructed of salvage or scrap materials.
[Ord. No. 119, 10-4-1999]
Wood fences shall be protected from deterioration with properly
applied paint or other protective coating, with the exception of redwood
and cedar fences or fences constructed with pressure-treated lumber.
Metal fences or metal fence parts subject to corrosion shall be properly
painted or coated to prevent deterioration.
[Comp. Ords. 1995, § 22.346; Ord.
No. 119, art. V(8), 10-4-1999]
Private swimming pools having a water depth of 18 inches or
more shall be separated from the remainder of the yard by a fence
at least four feet in height. Gates on fences required by this article
shall be maintained with a closing and latching device for keeping
the gate secure. Fences around swimming pools must comply with all
applicable regulations regarding swimming pools.
[Comp. Ords. 1995, § 22.347; Ord.
No. 119, art. V(9), 10-4-1999]
Only solid wall construction shall be permitted for the purpose
of forming a terrace or soil retaining wall along property lines.
When such terrace walls are constructed, adequate and proper drainage
shall be provided so as to not damage neighboring property.
[Comp. Ords. 1995, § 22.349; Ord.
No. 119, art. V(10), 10-4-1999]
Where double frontage lots exist, the side of the lot facing
the local roadway shall be considered the front yard, and the side
of the lot facing a collector or arterial roadway shall be considered
the back yard, and each shall conform to all applicable requirements
described herein.
[Ord. No. 119, 10-4-1999]
Where necessary, to preserve the aesthetic quality of the Village,
the Village may require landscaping or other reasonable requirements
as conditions to the erection of any fence, or the planting or maintenance
of any hedge.
[Comp. Ords. 1995, § 22.350; Ord.
No. 119, art. V(12), 10-4-1999]
All fences shall be constructed with any and all supporting
structures or devices on the inside of the fence.
