Fences in all zone of the Village jurisdiction shall conform to the following:

1. Location Restriction: Unless otherwise provided by this Ordinance or other sections of the Malcolm Municipal Code, no fence shall be built on any lot or tract outside the surveyed lot lines or tract outside the surveyed lot lines.
2. Required Openings: Unless otherwise provided by this Ordinance or other sections of the Malcolm Municipal Code any fence build on residential property within required front or street side yards shall contain openings constituting no less than 50 percent of the surface area of the fence.
3. Sight Obstructions at Street Intersections: No fence or hedge permitted or required by this article or other sections of the Malcolm Municipal Code shall be built to a height of more than three feet above the established curb grade on part of the lot within a village clearance zone. The vision clearance zone for fence construction shall include;
   1. At street intersections, a triangle measured from the point of intersection of the centerline of the streets to a point 90 feet in each directions from the intersection along centerlines. At the intersection of major streets, the 90-foot distance shall be increased to 120 feet. No landscaping shall be plated in such area which will materially obstruct the view of drivers approaching the street intersection.
   2. At intersections of a sidewalk and alley or non-residential driveway or parking lot access a triangle whose legs extend 10 feet back from the sidewalk along the alley or driveway, and 20 feet parallel to and along the back of the sidewalk back from the intersecting alley or driveway.
4. Facing: The finished surfaces of any fence shall face toward adjacent properties and street frontage;
5. Effect on Adjacent Properties and Drainage
   1. No accessory building or fence shall damage adjacent property by obstructing views, inhibiting solar access, or hindering ventilation.
   2. Fences shall be erected and maintained so as to avoid limiting or obstructing the flow of water in natural drainage course, or drainage ways created within easements.
6. Fence Construction on Utility Easements: Any fence erected on a tract of land subject to an easement for the construction, maintenance, operations, or replacement of any water, sanitary or storm sewer, gas line, electric power, telephone or other utility poles, or other cables or lines shall be designed and construed to be readily removable to permit the use of the easement. Such fences shall be subject to removal by request of the owner of the easement whenever necessary to permit access. The cost of removal or replacement shall be the responsibility of the owner of the fence.
7. A fence with a minimum height of four feet and compliant with the terms of this section and sections 12-901 and 12-902 shall be required around public and private swimming pools. (Revised January 2, 2019, Ordinance 2019-1)
8. Residential Fences; Fences constructed within residential districts or on land used for residential purposes are subject to the following provision.
   1. Height: The maximum height of a fence within a required front yard or street side yard setback shall be 42 inches measured from the street curb. The maximum height for any fence outside of a required front year shall be six feet.
   2. Exception for Street Side Yards: On corner lots, a fence build parallel to the street side yard line but set back in conformance with the required street yard setback may have a maximum height of six feet.
   3. Exception to Openness Requirement: Fences built on residential property outside of required front or street side years may exceed of 50 percent closed construction.
   4. Exception for Front Yards of Double Frontage Lots: A fence build within the required front yard of a double frontage lot may be a maximum of six feet and may exceed 50 percent closed construction if such lot fronts an arterial street or expressway, and if such frontage does not provide primary access to the property.
   5. Materials: Fences shall be constructed of wood, chain-link, PVC/resin, stone or masonry materials or ornamental metals only. Wood fences shall utilize standard building lumber only. Barbed wire/or electrified fences are not permitted and are defined as any fence that includes in its materials barbs, blades, razors, electric current, or other features specifically designed to injure or abrade an individual or animal who attempts to negotiate the fence. Wire mesh fences may be permitted to enclose tennis courts and game and recreation areas on public land and residential lots. Other materials may be used if approved by the Building Inspector.
9. Fences constructed in commercial and industrial districts are subject to the following special provision.
   1. The maximum height of a fence for any permitted use in any non-residential zoning district shall be eight feet.
   2. Civic Uses in Residential Districts: The maximum height of fences installed as part of Primary and Secondary Educational Facilities, Day Care, and Park and Recreation Use Types, or any other use that provides secured outdoor space for the use of children within Residential Zoning Districts shall be eight feet.
   3. The Board of Adjustment may approve greater fence heights on a case-by-case basis of it concludes that such permission furthers the health, safety, and welfare of the residents of the Village of Malcolm.
   4. Barbed wire shall not be used in the construction of any fence outside of the GI General Industrial Zoning District. Barbed wire may be used in the construction of fencing in a industrial district provided that the bottom strand of the wire shall be at least six feet above ground level. Electrified fences are not permitted within the jurisdiction of the Village of Malcolm.