(a)

Defined. 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:

Architectural or aesthetic fence means a fence constructed to enhance the appearance of the structure or the landscape.

Boundary fence means a fence placed the property lines of adjacent properties.

Fence means an enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

Hedge means a row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

Picket fence means a fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

Protective fence means a fence constructed to enclose a hazard to the public health, safety and welfare.

(b)

Fence permit required. No person shall erect a fence in the village without first obtaining a fence permit from the building inspector and paying a fee as prescribed in the village fee schedule. The applicant shall provide the building inspector with accurate design information for the proposed fence. Permits may only be issued for proposed fences complying with this section.

(c)

Fence location. Except as provided in subsection (e) of this section, residential fences are permitted, upon the issuance of a building permit, in the side and rear yards of residential districts and in the street yard along interior side lot lines (see Illustration No. 6), but shall not in any case exceed a height of six feet above the ground, and shall not be closer than two feet to any public right-of-way. Residential fences in the street yard shall be constructed to be open for at least 50 percent of their surface area. When a property in a residential district abuts a property in an industrial district, the fence height may be up to eight feet above the ground.

(d)

Front yard fences. Fences in the front yard may be permitted on corner lots in the R-2 residential district subject to approval by both the building board and the village board, provided the fence is located no closer than two feet to a street right-of-way or ten feet from the back of the curb, whichever distance is greater; the fence does not extend beyond the front building face line (see Illustration No. 6); and the fence owner enters into an agreement holding the village harmless from any damage to the fence.

(e)

Ornamental fences. Ornamental fences are permitted, upon the issuance of a building permit in the street yard in any district, but shall not be erected in a street right-of-way and shall not exceed a height of three feet. Ornamental fences exceeding two and one-half feet in height shall not extend into a vision clearance triangle as set forth in section 54-412. Ornamental fences shall not exceed an aggregate length in all locations of 50 percent of the width of the street yard on any lot or 32 feet, whichever is greater. Corner lots may be permitted an ornamental fence in only one street yard. Ornamental fences shall be constructed to be open for at least 50 percent of their surface area.

(f)

Security fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(g)

Prohibited fences. No fence shall be constructed 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 ten feet above the ground or height and project toward the fenced property and away from any public area.

(h)

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.

(i)

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 the warning devices at four foot intervals. The 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 the fences shall not be erected for more than 45 days.

(j)

Nonconforming fences. Any fence existing on the effective date of this Code and not in conformance with this section may be maintained, but any alteration, modification or improvement of more than 50 percent of the fence shall result in the entire fence being brought into compliance with this section.

(k)

Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his property.

(Code 2003, § 13-1-142; Ord. No. 18-05, § 1, 5-15-2018)