FENCE: A barrier, other than a building, erected to partially or completely enclose land, screen land or to provide for the safety of persons relative to swimming pools. This chapter does not regulate the use of landscape vegetation.

FENCE, GARDEN: Any permanent or temporary fence, designed for the protection of vegetation.

FENCE HEIGHT: The distance between the topmost element in the fence and the adjacent underlying grade.

FRONT YARD: The open space extending the full width of the lot between the front facade of the building and front lot line.

HOT TUB: A pool that has a maximum capacity of less than one thousand five hundred (1,500) gallons and has a maximum depth not greater than forty inches (40") when full. A hot tub can be heated or unheated and may also include personal athletic pools that meet the same size conditions noted above for hot tubs.

UNDERLYING GRADE: The average grade measured over a length of three feet (3') perpendicular to the exterior side of the fence. (Ord. 1064, 7-25-2005; amd. Ord. 1302, 5-24-2017)

   A.   No fence shall be located in a front yard, except to contain horses in the R-1 Zoning District.

   B.   Except as otherwise permitted or required by this chapter or by this Code, no fence shall be more than forty two inches (42") in height at any point, including vertical posts, columns, or pillars, except fences to contain horses in the R-1 Zoning District may be sixty inches (60") in height. (Ord. 1260, 2-25-2015)

   C.   All fences shall be constructed of wood, stone, brick, wrought iron, aluminum, or synthetic materials that are molded and give the appearance of wood, stone, brick or wrought iron fences. No barbed wire, razor wire, other sharp or hazardous materials are allowed for use on any type of fence. No aboveground electrically charged fences are permitted. Underground magnetically coupled dog fences (commonly known as invisible fences) are allowed. No fence or part thereof that is of the form, shape or structure of a chainlink, or meshlike, or wire fabric, made of any material (including, but not limited to, metal or plastic) is permitted.

   D.   All framing and posts on a fence shall face the interior of the property on which the fence is erected unless the fence is double sided where the framing and posts may face each other.

   E.   All fences must be located completely within the property which the fence is serving.

   F.   Every fence shall be constructed with at least fifty percent (50%) open space between the elements of which the fence is constructed in order that one may see through the fence when viewed in a direction perpendicular to the fence.

   G.   All fences shall comply with all applicable Village Building and other Code provisions. All fences shall be constructed and maintained to preserve their structural integrity and appearance.

   H.   No person shall construct a column, pillar, post, or other supporting element of a wall or fence that exceeds twelve inches (12") in width.

   I.   Existing fences that were constructed prior to the adoption date hereof that do not meet or conform to the provisions of this chapter may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a nuisance. (Ord. 1064, 7-25-2005)

   J.   Garden fences may be allowed without any permit being required, subject to the following conditions and restrictions:

      1.   No garden fence shall be allowed in the front yard of any property.

      2.   The area enclosed by one (1) or more garden fences on any property shall not exceed three percent (3.0%) of the total area of the property on which the garden fence is located.

      3.   No garden fence shall exceed eight feet (8') in height.

      4.   No garden fence shall be located within the primary septic field area of any property.

      5.   Garden fences shall not be constructed of chain link wire, barbwire, razor wire, corrugated metal, snow fence material or be of stockade type.

      6.   Subsections B, F, and H of this section shall not apply to garden fences. (Ord. 1302, 5-24-2017)

   A.   All pool fences shall comply with Village Code provisions and regulations which apply to swimming pools, including appendix G of the International Residential Code, except as follows:

      1.   Hot tubs may utilize, in lieu of a fence, a safety cover capable of supporting a weight of one hundred (100) pounds across any one foot (1') radius area of the covered hot tub within any region of the cover. (Ord. 1064, 7-25-2005)

   A.   A fence shall be maintained in sound structural condition so as not to endanger life or property. Any fence which, through lack of repair, type of construction, or otherwise, imperils life or property, shall be deemed a nuisance. The Village shall notify the owner of the property on which such a fence is located of the existence of such nuisance. The owner must abate said nuisance within thirty (30) days after such notice is sent by the Village by certified mail, return receipt requested, or is hand delivered to a resident of the property who is over the age of fourteen (14) years. In the case of immediate danger to life or property the Village may require immediate abatement. (Ord. 1064, 7-25-2005)

No fences shall be permitted within any waterways, wetlands, floodplains or ponds, or otherwise as prohibited by Village Code provisions regulating waterways, wetlands, floodplains and ponds. (Ord. 1064, 7-25-2005)

The North Barrington area is made up of primarily hilly topography with a rather thick arboreal landscape. This naturally has required the lanes, roads, and highways to conform, frequently leading to winding and up-down road formats. Consequently, traffic ingress and egress, between the Village lanes, roads, driveways and arterial roads requires caution. In the interest of traffic safety, visibility at road intersections must not be obstructed. No fence located at a street intersection may exceed three feet (3') in height for a distance of twenty five feet (25') in each direction from the intersection. (Ord. 1064, 7-25-2005)

   A.   Fences for dog runs are permitted subject to the following:

      1.   Dog run fences are limited to a single enclosure of a maximum of one hundred (100) square feet in size and must be attached to the primary residential structure on the property.

      2.   No one (1) side of the fence shall exceed twenty feet (20') in length.

      3.   All dog fences must be located in the rear yard.

      4.   Chainlink fences are permitted but shall not exceed seven feet (7') in height. (Ord. 1064, 7-25-2005)

   A.   Any person or entity who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction, subject to a fine that will not exceed five hundred dollars ($500.00) for each offense. Each day that violation continues to exist shall constitute a separate offense. (Ord. 1064, 7-25-2005)