[Amended 12-8-2006 by Ord. No. 2006-2; 6-14-2011 by Ord. No.
2011-1; 8-22-2023 by Ord. No. 2023-7]
A. Fences defined. For the purpose of this section, the following definitions
apply:
BOUNDARY FENCE
A fence placed two feet from the property lines of adjacent properties, unless a variance is granted pursuant to §
415-86C(3) below.
DECORATIVE FENCE
A fence which utilizes natural materials such as wood or
stone, or which utilizes ornamental vinyl or steel or any combination
of these materials, and which fence is constructed to enhance the
appearance of a structure or the landscape. Wire, chain link or cyclone
types of fencing materials are not considered decorative. Rail and
picket fences are examples of decorative fences; and this listing
is not exhaustive.
FENCE
An enclosed barrier consisting of wood, plastic, stone or
metal or any combination of these materials, intended to prevent ingress
or egress. No fence shall be constructed of unsightly materials or
materials which would constitute a nuisance.
PICKET FENCE
A fence having a pointed or rounded post, stake, pale or
peg laced vertically with the point or sharp part pointing upward
to form a part of the fence.
PROTECTIVE FENCE
A fence constructed to enclose a hazard to the public health,
safety and welfare.
SECURITY FENCE
A fence constructed in such a manner as to enclose an area
and keep unauthorized persons from entering.
B. Height of fences regulated.
(1) Alleys. There shall be a maximum height of four feet for all fences
adjacent to an alley.
(2) Street side and boundary fences. There shall be a maximum height
of four feet for all fences adjacent to a public street and in the
side yard area for distances from the front property line to a line
drawn parallel to the front property line, initiating from a point
a maximum of one foot forward of the rear corner of the main body
of the house to the side property line. Beyond that point, there shall
be a maximum fence height of six feet.
(3) Corner lot fences. On a corner lot, where the lot lines abut a public
street, there shall be a maximum fence height of four feet. For the
rear lot area directly behind the house, including one foot toward
the side street of the lot and one foot toward the front of the house,
the maximum height of a fence may increase to six feet. For the non-street
side of the property, the other provisions of this section apply.
(4) Special circumstances. Where such lot line is adjacent to commercially
or industrially zoned property, there shall be an eight-foot limit
on the height of a fence or wall along such lot line.
C. Setback for residential fences.
(1) Alleys. There shall be a minimum setback of four feet from all alleys.
(2) Street side and boundary fences. There shall be a two-foot setback
from all property lines. On a corner lot where streets or alleys intersect,
there shall be a ten-foot vision triangle from the corner of the property.
(3) Exceptions to the setback for residential fences. An exception to
the two-foot setback for a fence in a residential area may be obtained
if there is a written agreement between all adjoining property owners
agreeing to the variance. A copy of this written agreement must be
filed with the Village Clerk and placed in the property folders of
all properties involved.
(4) Invisible fences. Invisible fences may not be placed closer than
three feet from all property lines.
D. 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 on an open type similar to woven wire
or wrought iron fencing.
E. Decorative fences. Where the four-foot requirement of Subsection
B(2) or
(3) is applicable, only decorative fences may be installed.
F. Prohibited fences. No fence shall be constructed 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 in height and project toward the fenced property and away
from any public area.
G. Temporary fences. Fences erected for the protection of plantings
or to warn of construction hazards, 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
in any calendar year.
H. Hedges, shrubbery and trees. At maturity, hedges, shrubbery and trees
shall be located no closer than two feet from any property line. Hedges,
shrubbery and trees adjacent to any alley must be located no closer
than four feet from the alley. Plantings that are placed in the vision
triangle area of a corner lot shall not exceed two feet in height
from the street level. All plantings must be trimmed to meet these
limitations.
I. Application of plat restrictions or covenants to the fence ordinance.
Nothing contained herein shall be interpreted or construed to permit
or authorize the construction or installation of fences or plantings
otherwise prohibited or restricted by recorded plat restrictions or
covenants.
J. 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.
K. Fence permit required. No permanent fence shall be erected in the
Village until a permit for the same has been granted by the Building
Inspector. Application for a fence permit shall be on a form provided
by the Building Inspector and accompanied by specifications or a design
sketch for his approval. A permit fee established by resolution of
the Village Board shall accompany such application.