[Ord. No. 256 § 2, 2-13-1989]
For purposes of this Article the following terms shall be construed to mean as follows:
FENCE
Any barriers made of wire, wood, stone, brick, pipe, concrete, plastic or any other materials or combination of materials, or of any live growth such as hedges, bushes, trees or combination of live or structural matter and shall be construed to be either an enclosed fence or non-enclosed barrier of either functional or ornamental nature.
FRONT BUILDING LINE
The main front wall of the structure excluding porches, overhangs, soffits, carports and other protrusions extending beyond the main front wall.
[Ord. No. 256 § 3, 2-13-1989]
A. 
A permit must be first obtained to erect or replace any fence authorized by this Article on any property within the Village of Uplands Park. Such permit shall be issued only pursuant to the terms and conditions of this Article.
1. 
The application for such permit shall be signed only by the owner or owners of record of the property upon which the proposed fence is to be erected, or their designated representative.
2. 
The plans and specifications of the proposed fence shall be submitted to the Village Clerk. The Village Clerk shall forward the application and plans and specifications to the Building Commissioner for review and approval.
3. 
Upon approval of the application by the Building Commissioner, the Village Clerk shall issue a permit. The Village Clerk shall maintain a record of all such permits issued. All permits issued under this Section shall expire sixty (60) days from date of issue, but may be renewed at the discretion of the Building Commissioner.
4. 
Any unauthorized revision of the approved plans and specifications shall be grounds for revocation of a permit. Unworkmanlike construction shall also be grounds for revocation of permit. Any such unauthorized structure must be removed within thirty (30) days of notification.
5. 
The Building Commissioner shall be responsible for inspecting the installation of any fence and determining if it conforms to the fence permit.
[Ord. No. 256 § 4, 2-13-1989]
A. 
The following terms describe the design of fences permitted in the Village of Uplands Park:
1. 
Open. Any structure having not less than fifty percent (50%) clear vision in horizontal direction through such fence.
2. 
Closed. Any structure having less than fifty percent (50%) clear vision in horizontal direction through such fence of material and design approved by the Building Commissioner.
3. 
Natural. Any fence consisting of live growth, such as hedges, bushes, shrubs, trees, or other growth.
4. 
Decorative Border Fence. Any fence constructed of wood, plastic, metal, or similar material not exceeding twelve (12) inches in height and aesthetically compatible with surrounding property as determined by the Building Commissioner.
[Ord. No. 256 § 5, 2-13-1989; Ord. No. 257 § 1, 4-10-1989]
A. 
All fences shall conform to the following rules regarding location and size.
1. 
Construction And Size. No fence of any kind, description or nature shall be permitted to be constructed or erected which shall extend beyond the front building or setback line of any dwelling or other structure, nor shall such be permitted to run parallel with the street line between the area of the street line and front setback or building line of such dwelling or structure.
2. 
Open Fence. An "open fence" may be constructed on the side and rear lot lines of any property, but must not exceed six (6) feet in height above high side of line. No open fence may extend beyond the front building line of any home, nor across the front of any home, between the street and house. On corner lots the fence must not extend beyond the building line of either street or line of building, whichever is closest to curb. Fence post when used, must be on the inside face of fence, and the exterior face must present an even and attractive appearance. Fences constructed of metal wire shall have a minimum of twelve (12) gage diameter, and shall contain a top railing at a minimum of five (5) feet from the ground.
3. 
Closed Fence. A "closed fence" to obtain privacy may only be erected at the rear of any home, providing it does not exceed eight (8) feet in height above high side, and is not closer to any adjoining lot line than a distance equal to its height or side building line, whichever is the greater, or, in the case of corner lots, is no closer to the street than the building line extension of adjoining property. If the property abuts commercial or industrial zoned property then a closed fence may be placed upon the property line abutting such commercial or industrial zoned property.
4. 
Natural. A natural fence may be planted of any normally used live growth, non-objectionable in nature, on or near lot lines. It shall be kept in trim to a height not exceeding five (5) feet behind the front building line of any home, and to a height not exceeding three (3) feet in front of any building line of any home.
5. 
Nothing in this Article shall be construed to permit anyone to construct, erect, plant or grow any fence on the street right-of-way between the curb line and the property line. The Board of Trustees may permit a "natural fence" to be planted within the street right-of-way, provided however, no such "natural fence" shall be planted closer than eight (8) feet to the curb line. Any structure or growth located within the street right-of-way must be removed within fifteen (15) days of mailing of a notice to so remove addressed to the owner or resident by the Building Commissioner, or his/her designated representative, shall cause it to be removed and shall issue a bill to the owner or resident for reasonable charges and fees for removing such structure or growth. The Village shall not be liable for preservation of any material or growth for future use.
6. 
Nothing in this Article shall be construed to permit anyone to construct, erect, plant or grow any fence of any height along the side of a home or dwelling unit from the front building line to the rear building line when said house or dwelling unit is situated on a lot thirty-five (35) feet or less in width.
7. 
Nothing in this Article shall be construed to permit anyone to construct, erect, plant or grow any fence along the side of a home or dwelling unit from the front building line when said fence would be located within three (3) feet of an adjoining highway.
8. 
Decorative Border Fence. A decorative border fence may be installed along walkways, driveways, planting areas and trees; provided however, such "decorative border fence" shall not extend into the street right-of-way between the curb line and the property line. A permit shall not be required for the installation of a decorative border fence.
[Ord. No. 256 § 6, 2-13-1989]
A. 
Corner marker fences for lot line intersections with street right-of-way line may be permitted providing that:
1. 
They do not exceed three (3) feet in height at corner, nor extend more than six (6) feet in either direction from corner, nor exceed two (2) feet six (6) inches in height at ends.
2. 
They are made of either "open" or "natural" material, or combination of these.
3. 
One (1) corner post only may, for purposes of erecting an ornamental light, name of address of house, or mailbox support, be a maximum of eight (8) feet in height.
[Ord. No. 256 § 7, 2-13-1989]
An ornamental front barrier of approved design not exceeding two (2) feet in height may be erected across the front of any home no closer to the street than the front property line. Design and materials shall be approved by the Building Commissioner and a permit issued in the same manner as for any other fence required by this Article. This barrier must not be continuous across any walk or driveway, nor shall the barrier be equipped with any gate or other means for closing the barrier at any walk or driveway.
[Ord. No. 256 § 8, 2-13-1989]
The condition of the fence shall be maintained as originally constructed and/or removed in its entirety.
[Ord. No. 256 § 9, 2-13-1989]
Any person, firm or corporation who shall be convicted of a violation of any provision of this Article shall, for each offense, be fined not more than five hundred dollars ($500.00) or be punished by imprisonment not to exceed ninety (90) days, or be punished by both fine and imprisonment.