The intent of this chapter is to regulate the size, location, type, number, and maintenance of fences within the village and to promote the public health, safety, and welfare. Fences should be compatible with the surrounding environment and minimize the visual impact on both residents and visitors. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

FENCE: A structure intended as a boundary, privacy screening, a means of containing persons or animals, a means of protection, or for landscaping aesthetics, and is constructed of any allowable material, but does not include hedges, shrubs, trees, or natural growth.

FENCE HEIGHT: The vertical distance from any point of natural ground level perpendicularly to the highest edge of the fence.

OPEN FENCE: A fence, including entrance and exit gates, in which the surface area contains at least forty percent (40%) open spaces and which does not interfere with visibility or the free passage of air through the fence.

SOLID FENCE: A fence, including entrance and exit gates, which conceals from outside view any roads, materials stored, or operations conducted within a property. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Permit Required; Exemptions: No fence shall be constructed, erected, originally painted, converted, altered, rebuilt, enlarged, remodeled, relocated, or expanded until a permit for such fence has been obtained in accordance with the standards and procedures set forth by the village. No fence shall be installed before a permit is issued. A fence permit is not required for minimal alterations to an existing fence or regular maintenance.

   B.   Application For Permit: The applicant shall file an application for a fence permit with the zoning enforcement officer, accompanied by a filing fee to be established by the village board. The application shall contain the following requirements:

      1.   The name, address, and phone number of the applicant, owner, and person or firm erecting the fence.

      2.   Location of the building or structure for which the fence is proposed.

      3.   A drawing of the proposed fence, to scale, indicating height, dimensions, material, and elevation, and shall state specifically the type of fence, location on the lot, and any landscaping of the fence. The drawing should show the entire lot complete with setbacks to all property lines, existing building footprint, signs, north arrow, and scale.

      4.   If applicable, floodplain development permits shall be required.

   C.   Review Of Application; Approval Or Denial: The zoning enforcement officer shall review the fence permit application to determine whether it complies with all of the applicable regulations within this title. The zoning enforcement officer shall decide whether the fence permit application be granted or denied as it relates to the standards and the purposes of the fence classifications of the village. All fences shall be inspected by the building inspector to ensure compliance with the application filed with the village. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Location:

      1.   A fence may be located within any district in the village subject to the provisions for each district found in this chapter.

      2.   A fence, including all posts, bases, and other structural parts, shall be located completely within the boundaries of the lot on which it is located.

      3.   No fence shall be located closer than eighteen inches (18") from a public sidewalk.

      4.   No fence shall be located within the visibility triangle or closer than thirty feet (30') from any street intersection of two (2) streets if the fence height exceeds three feet (3').

      5.   No fence shall be located closer than fifteen feet (15') from any intersection of a street or alley and a driveway if the height exceeds three feet (3').

      6.   Fences shall not be installed in or through a stormwater detention or retention pond, wetlands, or water bodies, nor shall a fence be installed less than ten feet (10') from the inlet or outlet opening or less than such greater distance as may be required by generally accepted engineering principles, as approved by the village engineer.

      7.   Fences may be erected for tennis courts, provided they are not more than twelve feet (12') in height, all portions above seven feet (7') in height are open fences, and are not closer than five feet (5') from any lot line.

      8.   Fences may be erected for ball fields, provided they are not more than eight feet (8') in height, except for backstops. Fences may exceed eight feet (8') to a height appropriate to safely contain the athletic activity. Plastic tubing shall be placed around the top of any fencing eight feet (8') in height or lower. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      9.   Fences shall be erected completely surrounding all permanent belowground swimming pools and all permanent aboveground swimming pools with a water depth of at least two feet (2'), provided the swimming pools are not located in the front yard. The fence shall be six feet (6') in height and shall be set back at least four feet (4') from the swimming pool. A building may be used as part of such enclosure. The fences shall not have openings large enough for small children to pass through or under. A railing on top of the wall of an aboveground swimming pool is allowed. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2005-13, 3-9-2005)

      10.   Fences should be located so as to avoid removing existing trees and other vegetation.

   B.   Gates Or Doors:

      1.   All gates or doors shall be equipped with self-closing and self-latching hardware keeping the gate or door secured at all times when not in use.

      2.   All gates or doors shall match the design and construction of the fence.

      3.   All latches on gates shall be at least four feet (4') above ground level.

   C.   Design:

      1.   All fences so constructed shall be designed in such a manner that the posts of the fence shall be on the interior of the fence and face the property of the owner or tenant responsible for authorizing the construction of the fence. The finished side shall face away from the property.

      2.   All fences should be compatible with the adjacent building and fence design and minimize the visual impact on the character of the village. Chainlink fences are permitted but are not recommended.

      3.   Open fences in commercial or industrial districts adjacent to residential districts shall be screened with berms and/or landscaping.

   D.   Colors: All fences shall be compatible with the colors of the adjacent buildings. No colors shall be used which may interfere with pedestrian or vehicular traffic.

   E.   Safety And Maintenance:

      1.   The owner of a fence shall be required to maintain the fence in good structural condition. The fence and fence supports must be regularly painted to prevent rust and corrosion.

      2.   Fence posts for all chainlink fences shall be at least one and one-half inches (11/2") in diameter.

      3.   All fence posts shall be set at least two feet (2') into the ground in concrete.

      4.   All fences three feet (3') in height or lower shall have a wind load design of at least ten (10) pounds per square foot.

      5.   All fences exceeding three feet (3') in height shall have a wind load design of at least twenty (20) pounds per square foot. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

The following fences are prohibited in all districts in the village:

   A.   Fences that constitute a traffic hazard.

   B.   Barbed wire, razor wire, chicken wire, the electrification of fencing, and other similar fences that pose a threat to the public health and safety are expressly prohibited. However, the zoning enforcement officer may permit fencing which includes barbed wire on the top of fences over eight feet (8') in height located in an industrial district if erected or maintained about properties deemed to be in hazardous usage or in need of additional security.

   C.   Fences made of solid plywood, scrap lumber, concrete, or cinder block.

   D.   Fences that prevent natural water drainage and/or water runoff. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Fences may be constructed in or projected into yards; provided, that:

      1.   No fence or planting more than three feet (3') high or thirty percent (30%) solid shall be located within thirty feet (30') of a street intersection or frontage;

      2.   No fence more than four feet (4') high may be located closer to the front of the lot than the principal building; and

      3.   No fence higher than six feet (6') high shall be allowed on any part of the lot.

   B.   Residential properties that abut railroad tracks or commercial or industrial uses are allowed fences to a height of eight feet (8'). Such fences may only be permitted along the property line(s) that abut the tracks or commercial or industrial uses. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

The following provisions apply to fences in commercial districts:

   A.   No fence shall exceed a height of three feet (3') in a front yard and shall only be used for decoration.

   B.   No fence shall exceed a height of six feet (6') in a side yard or eight feet (8') in a rear yard and shall only be used for decoration or as a screening or security feature.

   C.   Any fence exceeding three feet (3') in height shall have a setback of at least twenty five feet (25') from any public right of way. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

The following provisions apply to fences in industrial districts:

   A.   Height:

      1.   No fence shall exceed a height of five feet (5') in a front yard, with the exception of those surrounding salvage yards, and shall only be used for decoration or as a screening feature.

      2.   No fence shall exceed a height of eight feet (8') in a side or rear yard and shall only be used for decoration or as a screening feature.

      3.   Any fence exceeding five feet (5') in height shall have a setback of at least twenty five feet (25') from any public right of way.

   B.   Salvage Yards And Vehicle Wrecking Yards: Salvage yards and vehicle wrecking yards conducted within an enclosed building shall be surrounded by a solid sightproof fence and gate not less than ten feet (10') in height, or the height of the materials being screened, whichever is greater, where no materials shall be piled or stacked to a height in excess of fifteen feet (15') above the ground level. Such fences shall have a setback of at least thirty five feet (35') from any public rights of way or property lines.

   C.   Buffering: All fences, other than those intended for decoration or screening, shall be buffered with berms and/or landscaping. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Subject to the limitations and termination provisions set forth in this chapter, any lawful existing nonconforming fence may be continued so long as it otherwise remains lawful after the effective date hereof. No nonconforming fence shall be:

      1.   Changed or altered in any manner which would increase the degree of its nonconformity.

      2.   Expanded.

      3.   Changed or altered to prolong its useful life.

      4.   Moved in whole or in part to any other location where it would remain nonconforming.

   B.   Any nonconforming fence that meets any of the above criteria shall be subject to the provisions provided in this title.

   C.   Should any nonconforming fence be damaged to at least fifty percent (50%) of its replacement cost, the fence shall not be replaced except according to the provisions provided in this title. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)