A.   Barbed wire fences, except on parcels exceeding ten (10) acres where domestic animals such as cattle and horses are kept; and

B.   Chainlink fences in any front yard, except on a lot owned or controlled by any governmental entity, including a park or school district; and

C.   Electrically charged fences; and

D.   Permanent fences in any bluff or ravine pursuant to section 10-12-4 of this title; and

E.   Any fence that does not comply with this chapter. (Ord. 2003-2, 1-27-2003)

A.   All fences shall be constructed in accordance with the village building code.

B.   The posts and support members of any fence, as well as the rough side of the fence, shall be exposed to and face in towards the property being fenced, and a smooth or finished side shall face the neighboring or adjoining property.

C.   No gate shall be located on a fence so as to swing open into a sidewalk, street, alley, or across the property line.

D.   No fence shall be erected or maintained so as to impede or block stormwater drainage flow pursuant to the villages watershed development regulations.

E.   Fences shall be maintained in a safe, secure, neat, and orderly condition at all times and in such a manner to prevent the development of any rust, corrosion, rotting, or other deterioration in the physical appearance or safety of the fence. The area around any fence shall be kept clean and free of all rubbish and weeds.

F.   Temporary fences shall be subject to the provisions of this chapter, except for temporary construction fences and fences required by the village tree ordinance.

G.   Fences erected in a planned residential development (PRD) shall be subject to the specific fence restrictions approved as part of the PRD approval process. (Ord. 2003-2, 1-27-2003)

A.   Measurement: The height of a fence shall be measured from grade to the top edge of the fence, including support structures; provided, however, that ornamental post caps shall be permitted to extend above the maximum height of a fence by no more than eight inches (8"), as depicted in section 10-13-1 of this title, illustration 21; and provided further, that a fence may exceed the maximum height permitted by this section by no more than three inches (3") in order to provide open space between the bottom of the fence and the ground below the fence for the purposes of drainage and the prevention of rotting.

B.   Maximum Heights For Residential Properties:

1.   District Regulations:

a.   C-E district: Front, side, and rear yards, seven feet (7').

b.   E-1 district: Front, side, and rear yards, six feet (6').

c.   All other residential districts:

2.   Exceptions: Notwithstanding the height regulations contained in subsection B1 of this section, the following height exceptions shall apply:

a.   Corner Lots: For any corner lot located in a residential district, the following regulations shall apply:

b.   Through Lots: For any through lot located in a residential district, no fence shall be erected and maintained at a height greater than four feet (4') when located within any required setback along the street.

c.   Highways: Notwithstanding the height restrictions for through lots contained in subsection B2b of this section, a fence shall be permitted to be erected:

d.   Adjacent Buildings: No fence shall be erected and maintained at a height greater than four feet (4') if located within three feet (3') of a building wall located on adjacent property.

e.   Tennis Courts: Any fence enclosing a tennis court shall not exceed fourteen feet (14') in height.

f.   Governmental Fences: Any chainlink fence on a lot owned or controlled by any governmental entity, including a park or school district, shall not exceed six feet (6') in height.

g.   Chainlink Fences: Except for fences enclosing tennis courts permitted by subsection B2e of this section and fences on a lot owned or controlled by any governmental entity permitted by subsection B2f of this section, no chainlink fence shall be erected and maintained at a height greater than four feet (4').

h.   Businesses: Any business that operates within a residential district as a legally nonconforming use may erect fencing up to six feet (6') in height for the limited purpose of screening areas utilized for garbage, trash, and refuse disposal as described in Section 10-4-2(H). Any fencing exceeding the otherwise applicable height limit must be reviewed and approved by the Architectural Board of Review pursuant to Section 10-2C-6.

C.   Maximum Height In Nonresidential Districts: No fence shall be erected and maintained at a height greater than six feet (6') in any nonresidential district. (Ord. 2003-2, 1-27-2003; amd. Ord. 2011-17, 9-26-2011; Ord. 2022-33, 11-14-2022; Ord. 2022-38, 12-12-2022)

A.   No fence shall be erected and maintained closer than one foot (1') from any sidewalk and five feet (5') from the edge of any street.

B.   Any fence enclosing a tennis court shall comply with the required setback regulations for principal structures located in the zoning district in which the fence is located.

C.   Any dog run shall comply with the required setback regulations for accessory structures located in the zoning district in which the fence is located. (Ord. 2003-2, 1-27-2003)