[Amended 8-1-2005 by Ord.
No. 1-10; 4-3-2017]
A. This article is established to recognize the public and private benefits
accrued from functional and aesthetic fencing or walls between areas
of incompatible land uses and due to the increasing demand for active
and passive recreational and private area.
B. No person shall construct a fence or retaining wall in the Village
of Theresa without first obtaining a permit from the Building Inspector.
Before construction can begin, an application for a permit shall be
filed with the Building Inspector on a form supplied by the Inspector,
together with a plot plan, sketch design of the proposed fence area
and payment of the required fees as set forth in Chapter 67, Fees.
The applicant is responsible for accurately determining property lines.
C. Fences categorized. As used in this section, the following terms
shall have the meanings indicated:
DECORATIVE FENCE
A fence not exceeding a height of three feet from ground
level, made of material other than wire, metal, chain, or poured concrete,
and constructed in a substantially open pattern (such as weave or
board-and-space pattern) and not a solid pattern (such as block, concrete,
or privacy pattern).
FENCE
An enclosed barrier, solid or otherwise, consisting of wood,
iron, stone, metal or chain, intended to prevent ingress or egress
and shall include decorative fence. No fence shall be constructed
of unsightly or dangerous materials which would constitute a nuisance.
HEDGE
A row of bushes or small trees planted close together which
may form a barrier, enclosure or boundary.
PICKET FENCE
A fence having pointed post, stake, pole or peg placed vertically
with the point or sharp part pointing upward to form a part of the
fence.
RETAINING WALL
A solid barrier of any material constructed to hold back
a mass of earth. A retaining wall shall be considered a fence for
the purposes of this section.
D. Fence height and setback.
(1) Residential fences are permitted in residential districts but shall
not in any case exceed a height of six feet above the ground level.
No fence or portion of the fence shall be constructed within the front
setback area of a building, or corner side yard, unless it is a decorative
fence as defined above, and located no less than three feet from the
public right-of-way. Fencing within 10 feet from any point where a
driveway crosses the street right-of-way shall not exceed two (2)
feet in height.
(a)
No woven, twisted, welded, chain or interlaced fence shall be
located in a residential district unless such fencing includes a top
rail.
(b)
No wood-slat or plastic snow fence shall be permitted in a residential
district.
(c)
No fence or wall shall be erected, placed or maintained along
a lot line on any nonresidentially zoned property, adjacent to a residentially
zoned property, to a height exceeding eight feet.
(d)
The finished side of the fence shall face out from the lot which
is being fenced, except in those cases where the outside face of the
fence is shielded by hedge or other growth obstruction.
(2) Setback for residential fences and retaining walls. Fences including retaining walls in or adjacent to a residential property shall have a twelve-inch rear and side yard setback; see Subsection
D(1) for public right-of-way setbacks. Fences may be constructed parallel to lot lines.
(3) Security fences. Security fences are permitted on the property lines
in all districts, except residential districts, but shall not exceed
10 feet in height and shall be of an open type similar to woven wire
or wrought iron fencing.
(4) Prohibited fences. No fence shall be constructed which is a picket
fence or which is of an otherwise dangerous condition or which conducts
electricity or is designed to electrically shock or which uses barbed
wire; provided, however, that barbed wire may be used in industrially
zoned areas if the devices securing the barbed wire to the fence are
10 feet above the ground and project toward the fenced property and
away from any public area.
(5) Temporary fences. Fences erected for the protection of planting or
to warn of construction hazard, or for similar purposes, shall be
clearly visible or marked with colored streamers or other such warning
devices at four-foot intervals. Such fences shall comply with the
setback requirements set forth in this section. The issuance of a
permit shall not be necessary for temporary fences as described herein,
but said fences shall not be erected for more than 45 days.
(6) Fences to be repaired. All fences shall be maintained and kept safe
and in a state of good repair, and the finished side or decorative
side of a fence shall face adjoining property.
(7) Existing fences. Any fence which exists at the time of the passage
of this section, but does not conform to the provisions thereof, shall
not be altered or enlarged without making the entire fence conform
to the provisions of this section.
E. Dog pens and runs shall be erected in the rear yard only and shall
be located at least 10 feet from any property line.