1. No person shall erect any fence without first having complied with the provisions of this Zoning Ordinance.
2. A fence permit is required for the construction of all fences. Applicant shall provide the Zoning Enforcement Officer with a copy of the Plat of Survey showing the proposed location of the fence. Applicant shall complete a fence permit application answering all necessary questions and pay the appropriate permit fee.
   
   EXCEPTION: Installation of front yard decorative fencing sections does not require a permit. For the purposes of this article, decorative fencing is defined as any fence not exceeding 10 lineal feet along any property line and not greater than four (4) feet in height.
3. The Zoning Enforcement Officer shall require such plans and drawings as he shall deem necessary prior to issuance of a permit. All fences shall be constructed in conformation with the ordinances of the Village and the Zoning Enforcement Officer shall inspect same for conformity. Except as maybe limited in Section 21.1802, no fence shall contain any barbed wire or be constructed in any way so as to potentially cause injury to any person.
4. No fence shall be erected within 10 feet of the shoreline of any public body of water, in a designated Floodway or in a Stormwater Management Easement.
5. All fences shall be maintained and kept in good condition.
   

1. The following fences are hereby prohibited:
   1. Barbed wire, chicken wire, rope, cable and electrically charged wire, and other similar materials, EXCEPT, anywhere within an A-1, Agricultural District, or anywhere an A-1 Agricultural District abuts another Zoning District.
   2. Snow fences, except those erected for the sole purpose of controlling drifting snow between November 1 and March 31, installed only on that portion of a lot, which faces or abuts a road, street or highway.
   3. Chain link fences, except as may be permitted in Section 21.1808.
   4. No gate or fence is permitted across a driveway in the front yard setback in any Residence District.
      

1. All fences shall be properly constructed on the fence owner’s property.
2. All fences shall be permanent and not temporary except for garden fences enclosing a garden in a rear yard or side yard not exceeding three (3) feet in height.
3. Except as follows, all permitted fences shall be constructed within 6” of the fence owner’s side or rear lot lines:
   1. Except where the permitted fence returns to the existing building or structure to enclosed a yard;
   2. Except for patio privacy fences (screens) not exceeding six (6) feet in height within the buildable area of the lot;
   3. Dog enclosures or runs not exceeding six (6) feet in height or enclosing greater than twenty (20) percent of the rear yard, constructed in the rear yard or buildable lot area and set back not less than five (5) feet from all property lines.
   4. Swimming pool fences constructed in accordance with section 21.1813.
      

All fences shall be installed so that the finished side faces out. All structural supports, if exposed, shall be located in such a manner so as to face the principal building on the lot, in which the fence is located.

A structure erected for the purpose of enclosing or visually defining an area. For the purpose of this Zoning Ordinance, a fence shall be constructed of suitable vinyl material having a wooden appearance, wood that is treated to withstand decay and rot, decorative aluminum, wrought iron, chain link or other suitable material. All rails and supports shall be on the inside of the fence. All wooden fence postholes shall be a minimum of 42 inches deep. All plastic fence postholes shall be a minimum of 36 inches deep. Chain link used in fences that are erected in areas zoned for business and manufacturing shall not be less than nine (9) gauge.

1. Front Yards.
   1. Decorative corner fencing sections, not to exceed 10 (ten) feet in length each, four (4) feet in height and at least 40 percent open. Two sections must joint together at a 120 degree angle or less to form a corner (corner section), but no corner section may be closer than ten (10) feet to another corner section.
   2. Fences enclosing front yards not exceeding three (3) feet in height, minimum 40% open and constructed of wrought iron, decorative aluminum, wood or vinyl.
2. Side and Rear Yards. Fencing, at least 40 percent open, not exceeding six (6) feet in height exclusive of posts or ornamental objects on posts.
   

No obstruction (over 24” in height from curb level or street crown) to the vision of vehicular or pedestrian traffic, including but not limited to fencing and screening, shall be permitted on corner lots if located within the area of a triangle, two legs of which are a distance of 20 feet each when measured along each of the intersecting front lot lines and from the point where such lines intersect.

1. Nothing in this Zoning Code shall prohibit the erection of an open mesh-type fence six (6) feet in height enclosing public parks, recreational areas, public elementary or high school sites or property owned by any public utility or public agency.
2. Nothing in this Zoning Code shall prohibit the erection of soil and erosion control fencing around any disturbed area.
3. Nothing in this Zoning Code shall prohibit the erection of snow fencing between November first and April first.
4. Nothing in this Zoning Code shall prohibit the erection of a security fence required by a public utility or public agency. Such a security fence must be made of a decorative aluminum material, shall be no more than ten (10) feet in height and the design shall include a 45 degree angled top, rather than barbed wire or other similar material.
   

Terms used in this subsection shall mean as follows:

1. Interior lot is any lot having a lot line fronting or facing only one street.
2. The front yard of an interior lot is the area extending across the front of a lot and being contained within the front lot line, the front of the main building and the side lot lines.
3. The rear yard of an interior lit is the area extending across the rear of a lot and being contained within the rear lot line, the rear of the main building, the side lot lines and at the opposite end of the lot from he front yard.
4. The side yard of an interior lot is the area extending along a side lot line and contained between the front and rear yards, the side lot line and the main building.
   

Terms used in this subsection shall mean as follows:

1. A corner lot is a lot situated at the junction of, abutting on or fencing two intersecting streets or roadways; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less. Lot line fronting abutting or facing the streets shall be considered to be the front lot lines.
2. The front yard of a corner lot is the area extending within and along the front lot lines to the rear and side lot lines and then inward along the rear and side lot lines to a point equal to that part of the main building (exclusive or projections) closest to the front lot lines and then inward from the rear and side lot lines to that part of the main building.
3. The rear yard of a corner lot is the area extending across the rear of the lot and parallel to the street upon which the lot has its shortest dimension. Such area shall be within and extending along the rear lot line to point equal to that part of the main building (exclusive of the projections) closest to the front lot line and then inward from the rear lot line to that part of the main building and from the rear lot line along the side lot line to a point equal to that part of the main building (exclusive of projections) closest to the rear lot line and then inward from the side lot line to that point of the building.
4. The side yard of a corner lot is that area remaining after establishing the front and rear yards or the area extending along the side lot line and contained between the front and rear yard, the main building and the site lot line.
5. The side yard (front) of a corner lot is that area contained between the front yard (front), the rear yard, the main building and the side lot line abutting the street.
   

Terms used in this subsection shall mean as follows:

1. A reversed corner lot is the same as a corner lot except that its front line with the greatest dimension is substantially a continuation of the front lot lines of the interior lots to its rear, and its rear lot line adjoins or abuts the side lot line of the lot to its rear. Lot lines abutting, fronting or facing a street or roadway shall be considered to be front lot lines.
2. Front yard, side yard and rear yard of a reversed corner lot is the same as the front yard, side yard and rear yard of a corner lot.
   

1. Perimeter fencing is defined as fencing along thoroughfares having a speed limit of 30 miles per hour or higher abutting property, which does not allow vehicular access to those thoroughfares from abutting lots or tracts.
2. When a thoroughfare intersects with any other roadway, the perimeter fencing must terminate 20 feet from the corner lot stake. In the case of radius lot stakes, the fence must terminate 20 feet from the intersecting point that a line extended from each lot line would create, or at the radius lot stake, whichever is greater.
3. Perimeter fencing shall be located one foot inside all lot lines, or if existing, one foot from a County or State roadway maintenance easement, or if existing, one foot in from any landscaping easement.
4. Fence posts shall be located on the side yard lot lines so adjacent property owners may tie into existing fencing on adjacent property in order to maintain uniformity. The post location requirement shall not apply to developers developing two or more consecutive lots subject to this Zoning Code.
5. Changes in elevation shall be rolling with the contour of the property, subject to the Zoning Enforcement Officer’s approval, keeping the top of the fencing even.
6. Perimeter fencing may be six (6) feet in height and wood or vinyl.
7. Gates must be of the same material and construction as the fence.
   

Swimming Pools shall be completely enclosed with a four (4) foot high fence and gate. Fences shall be constructed of material as indicated in this section:

1. An equivalent fence shall be defined as one, which provides equal or better protection against the possibility of a person accidentally falling into the swimming pool. The Zoning Enforcement Officer shall determine such equivalency.
2. If the swimming pool is so located on the lot that a fence, with gate, on the lot or elsewhere meets the above requirements, a separate fence around the swimming pool is not required. If said fence terminates within three (3) inches of a dwelling, garage or any structure on the premises and is otherwise arranged so that the only access to the pool necessitates that a person pass through two or more lockable doorways or the gate in the fence, the fence need not be continuous but may be interrupted by said structures.
3. When the pool is not in use under the supervision of the owner, and/or agent, tenant or other responsible person, all access gates or doors leading directly to the pool area shall be securely locked.
4. All portable swimming pools shall be completely enclosed as if they were permanent swimming pools. Fencing around raised decks or patios will be permitted as long as they satisfy the above requirements.
5. The swimming pools shall be kept in full view from inside the dwelling unit. No shrub, bush, tree, structure, equipment or anything else, which would impair vision except an open fence and gate shall be placed so as to impair the visibility of the entire area of the pool surface form the dwelling on the premises.
6. All pool fences shall have self-closing and self-latching hardware.
7. Comply with all Codes and Ordinances of the Village of Newark governing the installation and use of swimming pools.
   

1. If a development fence is to be provided, a plan shall be provided showing the location of the fence, type of fence to be used and an estimate of life of the fence. All of these items shall be reviewed by the Zoning Enforcement Officer prior to issuing a permit for said fence.
2. When a replacement of the development fence is required, the Zoning Enforcement Officer shall approve the replacement fence as to its compatibility with abutting fence located along the public right-of-way prior to the issuance of a fence permit.
   

Permitted fences other than required fences as previously described may be constructed to the following heights in the following Zoning Districts:

1. Residential Districts.
   1. Open fences abutting approved regulation size tennis court in accordance with industry standards.
   2. Open fences at public baseball fields in accordance with industry standards.