The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Decorative fence means a fence not exceeding a height of 36 inches from ground level, made of material other than wire, metal, chain or poured concrete, and constructed in a substantially open pattern (such as a weave or board-and-space pattern) and not solid pattern (such as a block, concrete, or privacy pattern).

Fence means any enclosure or barrier, solid or otherwise, made of wood, iron, stone or other material, as around or along a yard, walkway, field, or other area, and shall include a decorative fence.

Hedge means a row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

Picket fence means a fence having a pointed post, stake, pale or peg placed vertically with the point or sharp part pointing upward to form a part of the fence.

Retaining wall means a solid barrier of any material constructed to hold back a mass of earth. A retaining wall shall be considered a fence for the purposes of this section.

(Code 1986, § 10-1-110)

No fence or portion of a fence shall be constructed within the front setback area of a building; provided, however, that a decorative fence may be constructed in the front setback area. Fences may be constructed as per section 58-345.

(Code 1986, § 10-1-111; Ord. of 7-6-2021(1))

Editor's note— Ord. of 7-6-2021(1) amended § 58-344 and in doing so changed the title of said section from "Fence setback in residential zoned districts" to "Fence front setback in residential zoned districts," as set out herein.

(a)

Plat of survey or certified survey map required for all fences. The location of the fence shall be shown on the document.

(b)

Residential fences are permitted in residential districts but shall not in any case exceed a height of six feet, shall not exceed a height of four feet in the street yard and shall not be closer than six inches to any public right-of-way.

(c)

Security fences are permitted on the property lines in all districts except residential districts but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(d)

Residential fences shall have a two-foot rear and side yard setback from a property line unless abutting neighbors agree and sign a sworn/notarized statement to be on file at the village office; then a fence may be placed on the property line but must not interfere with any utilities.

(e)

Security fences are permitted on the property lines in all districts except residential districts but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(f)

Prohibited fences. No fence shall be constructed which is a barbed wire fence or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten feet above the ground or higher and project toward the fenced property and away from any public area.

(g)

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(h)

A permit must be obtained prior to constructing or repairing any fence.

(Code 1986, § 10-1-112; Ord. of 7-6-2021(2))

All in-ground swimming pools, and aboveground swimming pools having a height of 18 inches or more, either permanently installed or kept filled for periods of one week or more must comply with the following:

(1)

In-ground pools must have a fence at least four feet high but no higher than six feet.

(2)

Aboveground pools having a height of over 18 inches must have a fence or protective cover meeting the following minimum standards:

a.

The fence must be a minimum of 36 inches high and must be at least 12 inches higher than the pool wall height.

b.

The fence must be at least six feet from the pool wall on all sides.

c.

Fence gates must be locked or secured to prevent entry when the pool is not in use so as to prevent uncontrolled access by children to the pool water.

d.

The fence and surrounding structures shall enclose the entire pool area.

e.

If pool is not fenced, a protective cover must be used at all times when pool is not in use and pool ladders must be removed.

(3)

Pools must be located in side or rear yard areas.

(4)

Permits are required and available from the village office.

(Code 1986, § 10-1-113)

The height and setback for hedges shall be the same as outlined for fences in sections 58-344 and 58-345 hereof; provided, however, hedges three feet in height or less, from sidewalk level, may be kept in the front setback area, and provided further that no hedge shall be permitted in the tree lawn area or, where no tree lawn area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained. A permit is not required to plant hedges, but a site plan must be submitted prior to any planting.

(Code 1986, § 10-1-114)

Fences erected for the protection of planting, or to warn of construction hazards, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four foot intervals. Such fences shall comply with the setback requirements set forth in sections 58-344 and 58-345. The issuance of a permit shall not be necessary for temporary fences as described herein, but the fences shall not be erected for more than 120 days.

(Code 1986, § 10-1-115)

Any fence or hedge existing on the effective date of the ordinance from which this chapter is derived and not in conformance with this article may be maintained, but no alteration, modification or improvement of same shall be permitted unless as a result of such alteration, modification or improvement the fence shall comply with this article.

(Code 1986, § 10-1-116)