[Amended 3-15-2010 by Ord. No. 10-17; 9-19-2011 by Ord. No. 11-27; 3-17-2014 by Ord. No. 14-02; 7-20-2020 by Ord. No. 20-26]
No person shall construct, repair, replace, install, enlarge, or alter any fence, as defined in this article, unless a valid zoning permit for a fence has first been issued pursuant to this chapter and such permit has neither expired nor been suspended or revoked, except as provided in § 420-80. If work has commenced or is completed without proper permits, the Village may take the appropriate actions to prosecute the violation of this chapter. (See § 420-22 of this chapter for additional information related to a zoning permit for a fence, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.)
The following types of fences are permitted
as specified without a zoning permit subject to the following restrictions
and provided that said fence is not located within any right-of-way,
does not in any way interfere with traffic visibility, does not block,
redirect or cause a drainage problem for the adjacent or downstream
properties, and is not located within any easement(s) without written
permission from the easement holder:
A.
Snow fences shall be permitted in all districts when
comprised of wooden pickets bound together by wire and not exceeding
four feet in height and removed between May 1 and November 1 of each
year. No privately owned snow fence shall extend into the road right-of-way
line.
B.
Agricultural field fences shall be permitted in any Agricultural District, provided that said fence is located a minimum of two feet from any road right-of-way. An agricultural field fence is used to provide enclosure of agricultural animals, landscaping yards or agricultural fields in any agricultural zoning district. An agricultural field fence may be constructed of fieldstone, wood or wire and may be electric or may incorporate barbed wire. The fence shall not exceed seven feet in height. Any other type of fence constructed in any agricultural districts shall follow the regulations pursuant to § 420-81A below.
C.
Decorative fences not exceeding two feet in height
shall be permitted in all districts, provided that said fence is located
a minimum of two feet from any right-of-way.
D.
Underground electrical fences are permitted in any
agricultural, residential or C-2 District.
E.
Temporary chain-link construction fence to secure a job site during
construction, provided that the fence is located on the property wherein
the construction is being done and further provided that adequate
access is maintained for Village inspectors and emergency personnel
as approved by the Village.
F.
A trellis with or without a lattice-type roof used as a landscape
feature and not used for privacy or security, provided that the trellis
is located a minimum of five feet from any property line.
A.
Residential fences. A residential fence, including
a garbage/recycling dumpster enclosure, is used to provide enclosure
of all or a portion of the property for privacy or security in any
residential, agricultural, or conservancy district, subject to the
following requirements:
(1)
Fence material.
(a)
Said fence in any Agricultural District, Conservancy District or
R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7 or R-8 District may be constructed
of brick, field stone, wood (decay-resistant wood), wrought iron,
chain link (with a minimum thickness of nine gauge and a top support),
decorative aluminum, vinyl, or other appropriate material as may be
approved by the Zoning Administrator; however, a residential fence
shall not be constructed of corrugated metal or other metal panels
and shall not be an agricultural field fence or electric fence and
shall not incorporate razor or barbed wire.
(b)
Said fence in any R-9, R-10 or R-12 District may be constructed of
brick, field stone, wood (decay-resistant wood which is stained or
painted), wrought iron, chain link (with a minimum thickness of nine
gauge and a top support), decorative aluminum, vinyl, or other appropriate
material as may be approved by the Zoning Administrator; however,
a residential fence shall not be constructed of corrugated metal or
other metal panels and shall not be an agricultural field fence or
electric fence and shall not incorporate razor or barbed wire.
(2)
Said fence may be located on the side or rear property
lines. See additional requirements for setbacks for property lines
adjacent to public or private streets.
(3)
Said
fence may be located in a shore yard, provided that it is not located
on the water side of the ordinary high-water mark of said navigable
waterway. Said fence shall not block, redirect or impede the flow
of water or drainage within the area.
(4)
Said
fence may be placed within a wetland, provided that there is minimal
disturbance to the wetlands and the soil from the post holes shall
not be placed in the wetlands.
(5)
Said
fence shall be set back a minimum of two feet from any public right-of-way.
(6)
Said
fence shall be set back a minimum of 15 feet from any private road
as measured from the outer edge of the gravel shoulder or back of
curb.
(8)
Said fence shall not be higher than six feet if located
in the rear yard, rear street yard and/or side street yard. The fence
height shall include all elevations, including berms, above the overall
standard grade of the property, including architectural finials.
(9)
Said fence shall not be higher than four feet if located
within a front street yard. Concrete or brick pillars located between
fence sections may be permitted to a height of six feet in a front
street yard. The fence height shall include all elevations, including
berms, above the overall standard grade of the property, including
architectural finials.
(10)
Said fence shall not be located within any easement
without written permission from the applicable easement holder and
the Village.
(11)
Said fence shall not block, redirect or cause
a drainage problem for adjacent or downstream properties.
(12)
Said fence shall be in compliance with any structural
requirements of any local, county and state codes and shall be designed
and constructed to resist any wind load.
(13)
All structural and support components of a fence
shall face away from adjacent properties, private streets or public
rights-of-way. Fence sections being replaced due to damage/maintenance
may be replaced with the same construction materials and by the same
construction methods and setback as the original installation as may
be approved by the Zoning Administrator.
(14)
See § 420-57.7G for additional requirements for garbage/recycling dumpster requirements as part of a residential development plan approval.
(15)
Compliance with any recorded deed restrictions and restrictive
covenants recorded on the property. Approval from the property's active
architectural control committee shall be provided in writing to the
Village.
B.
Commercial fences. A commercial fence, including a
garbage/recycling dumpster/compactor enclosure, used to provide enclosure,
screening or security for all or a portion of a property in any business,
manufacturing, institutional or park and recreational district is
subject to the following requirements:
(1)
Said fence may be constructed of brick, field stones,
wood (decay-resistant wood which is stained or painted), wrought iron,
decorative aluminum, vinyl, or other appropriate material as may be
approved by the Zoning Administrator; however, a commercial fence
shall not be constructed of corrugated metal or other metal panels
and shall not be an agricultural field fence or an electric fence
but may incorporate razor or barbed wire only as deemed necessary
by the Village Zoning Administrator for a manufacturing use within
a manufacturing district. In addition, in any manufacturing district
a vinyl-coated chain-link fence, a minimum of nine gauge with a top
bar with or without vinyl slats, may be approved by the Village Zoning
Administrator.
(2)
Said fence may be located on the side or rear property
lines. See additional requirements for setbacks for property lines
adjacent to public or private streets.
(3)
Said
fence may be located in any street yard only upon approval by the
Village Zoning Administrator, provided that said fence is set back
a minimum of 15 feet from any public right-of-way.
(4)
Said
fence may be located in any street yard only upon approval by the
Village Zoning Administrator, provided that said fence is set back
a minimum of 20 feet from any private road as measured from the outer
edge of the gravel shoulder or back of curb.
(5)
Said
fence may be located in a shore yard, provided that it is not located
on the water side of the ordinary high-water mark of said navigable
waterway. Said fence shall not block, redirect or impede the flow
of water or drainage within the area.
(6)
Said
fence may be placed within a wetland, provided that there is minimal
disturbance to the wetlands.
(8)
Said fence shall not be higher than 10 feet. The fence
height shall include all elevations, including berms, above the overall
standard grade of the property.
(9)
No fence shall be placed within any easement without
written permission from the applicable easement holder and the Village.
(10)
No fence shall block, redirect or cause a drainage
problem for the adjacent or downstream properties.
(11)
Said fence shall be in compliance with any structural
requirements of any local, county and state codes and shall be designed
and constructed to resist any wind load.
(12)
All structural and support components of a fence
shall face away from adjacent properties, private streets or public
rights-of-way. Fence sections being replaced due to damage or necessary
maintenance may be replaced with the same construction materials and
by the same construction methods and setback as the original installation
as may be approved by the Zoning Administrator.
(13)
The Village Zoning Administrator may require
a fence to be installed along the rear or side property line of a
property located within a business or manufacturing district that
abuts a residential district. Said fence shall be constructed of a
solid material, such as brick, wood, vinyl, field stone or other appropriate
material as may be approved by the Zoning Administrator; shall be
a minimum of six feet high; and all structural and support components
of the fence shall face away from adjacent properties.
(14)
See § 420-57H for additional requirements for garbage/recycling dumpster/compactor requirements as part of site and operational plan approval.
(15)
Compliance with any recorded deed restrictions and restrictive
covenants recorded on the property. Approval from the property's active
commercial owners or architectural control committee shall be provided
in writing to the Village.
A.
All fences
shall be maintained in good repair in that said fence is structurally
sound and plumb and does not have missing or have damaged structural
components/fence panels. Furthermore, the fence surfaces shall be
free of rust, corrosion, peeling, flaking or chipped paint.
B.
Garbage/recycling
dumpster/compactor enclosures shall be maintained, washed and cleaned
out routinely to avoid odors, bugs and animal harborage. All garbage/recycling
shall be stored within the dumpster(s) located within the enclosure.
Doors to the enclosure shall remain in working order and shall remain
closed at all times except during removal of garbage or recycling.
Damaged doors or its components shall be repaired/replaced in a timely
manner.
C.
When a
fence is declared by the Zoning Administrator or designee to be dilapidated
or hazardous, said declarant may order such fence to be removed or
repaired, and if it is not removed or repaired within a reasonable
time after notice to the owner, the Village may remove the same and
charge the cost thereof to the owner.
D.
Fences
in violation of this chapter shall, upon their repair or replacement,
be repaired or replaced to meet the requirements of this chapter.
