1.

Violation; penalty. Any person who shall construct, erect or maintain a fence in the village in violation of this specification shall be punished as provided in section 1-5. A separate offense shall be deemed committed on each day that a fence remains in existence in violation of this article.

2.

Swimming pools. Nothing contained in this specification shall abrogate fencing requirements for swimming pools as may be contained in this Code or other ordinances.

3.

Enforcement. The president and board of trustees shall from time to time designate an inspector who shall be charged with the enforcement of this article. The planning and development department shall review, inspect and enforce this specification.

Permit.

(a)

Required. It is unlawful for any person to erect any fence in the village without obtaining a permit.

(b)

Application. An application for the permit, accompanied by a plat of survey showing the adjoining lot lines, existing fences and existing buildings, shall be made to the director of community development and shall state the matters specified in section 9-28.

(c)

Fee. See permit fee schedule.

4.

Specifications.

Definition. A fence is a linear structure or partition of definite height and location intended to serve as: a physical barrier to property ingress and egress; a screen from objectionable views or noise; a marker; or for decorative use. Hedges, ornamental shrubs, trees and bushes shall not be considered fences.

Fences erected or constructed in the village shall conform to the following standards:

(1)

Fence height maximum restrictions.

a.

Residential zone—No fence exceeding six (6) feet in height from normal grade level shall be erected on properties with a single-family residential zoning designation.

b.

Commercial zone—No fence exceeding six (6) in height from normal grade level shall be erected on properties with a local business or general business zoning designation; unless when screening an outdoor storage lot from an adjacent residential zoning district, then an eight-foot fence would be permitted.

c.

Industrial zone-No fence exceeding six (6) feet in height from normal grade level shall be erected on properties with a light industrial zoning designation; unless when screening an outdoor storage lot from an adjacent residential zoning district, then an eight-foot fence would be permitted.

(2)

In calculating fence height, any extensions, such as posts, shall be considered as fence. Fence height is measured from grade and shall follow grade along its length although a variation of six (6) inches shall be allowed to compensate for minor grade changes. Any variations in excess of six (6) inches shall be approved by the director of community development or his designee or the planning and development commission.

(3)

The minimum boundary fence height shall be thirty (30) inches.

(4)

Fences are prohibited in the front yard of properties located in single-family residential zoning districts or any property primarily used for residential purposes, regardless of the distance between the primary structure and the front property line. Relief for front yard fencing in non-residential zoning districts can be considered under variance standards.

Fences are permitted in the front yard of commercial and industrial zoned properties, provided that for industrial zoned properties, fences placed closer to the front lot line than the building front setback, must be approved by the director of community development or their designee.

a.

Exception: Light industrial zoned properties may erect fences nearer to the front lot line than the building front setback, subject to the approval of the director of community development or his designee.

(5)

If a fence is erected to include a utility easement, such fence may be required to be removed by either the utility company involved or by the village for the purpose of installing, maintaining or repairing a utility without any responsibility on the part of either the utility company or the village for damages or replacement.

(6)

The planning and development commission in proper cases, on application made, may permit a barbed wire top on a chain link fence, not less than seven (7) feet high, surrounding industrial property; razor wire is prohibited.

(7)

This specification shall not require the removal of fences existing on the date of adoption of the ordinance from which this specification is derived.

(8)

Structural elements or supports shall be located on the side of the fence facing toward the property on which the fence is constructed.

(9)

In cases where fences are inspected by a village official or employee, such inspection shall not be a guarantee that the fence is properly located on or adjacent to lot lines.

(10)

In cases where the building inspector is in doubt on any special application as to conformity with the Code, such application shall be referred to the planning and development commission.

(11)

In cases where a special application for the construction of a fence has been denied by the building inspector, the applicant shall have the right to an informal appeal to the planning and development commission, said board may then reverse or sustain the decision of the building inspector.

(12)

In order to maintain a uniform aesthetic along 162 ^nd Street, all properties along this street are required to use ornamental fencing, when fencing is proposed. This includes properties on corner lots that front a cross street, which may have a side setback along 162 ^nd Street. Other than in special zoning districts, these properties must comply with the following:

a.

Fencing between the building front setback line and front lot line must be ornamental aluminum wrought iron style fencing or better material.

b.

Chain link fencing or other approved fencing materials may be used past the building front setback line, unless the side setback faces 162 ^nd Street, then ornamental fencing shall be used.

c.

Every gate must be constructed using the same material as the fence it is connected to. Any variations of material shall be approved by the director of community development or his designee.

(13)

In light industrial zones, ornamental fencing must be erected in front yards, when said fence is street-facing.

(14)

In light industrial zones, solid metal or steel panel fencing is permitted when the following specification are observed:

a.

The use of corrosion-resistant metals or proper implementation of protective coatings is explicitly required to prevent rust formation and ensure the longterm viability of the fencing.

b.

Horizontal top and bottom rails, of like material, must be included for each panel, intended to achieve a finished appearance that enhances the aesthetics of the fence.

c.

The fence material must be of a natural earth tone color, aligning with the surrounding environment and minimizing visual disruption.

(15)

Electric fences. The construction and use of electric fences shall be allowed in the light industrial (LI) zone and the interstate zoning district—phases C and D, only as provided in this specification, subject to the following standards:

a.

Permit. Prior to the installation or use of any electrified fence, the property owner or tenants of the property upon which such fencing will be installed or used shall submit a completed application for review of such fencing as a building permit review to receive approval for the fence and electrical permits for the project. The application shall include:

1.

Site plan showing the location of the protective barrier and the electrical fence on the property in relation to the property lines, walkways, existing buildings, and curb.

2.

Fence details showing both the electrified fence and protective barrier, including all gates.

3.

All supporting documentation from the electric fence manufacturer, equipment to be used, and certification of service from the monitoring provider.

b.

IEC Standard 60335-2-76. Unless otherwise specified herein, electric fences shall be constructed or installed in a conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.

c.

Electrification.

1.

The energizer for electric fences must be driven by a commercial storage battery or batteries not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.

2.

The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in figure 102 of IEC Standard No. 60335-2-76.

d.

Perimeter fence or wall.

1.

No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six (6) feet tall.

2.

There shall be a space of four (4) to twelve (12) inches between the electric fence and the perimeter fence or wall.

3.

Electric fences shall be subject to the street fronting and screening requirements of SHMC chapter 6, article X when installed adjacent to, across a street or alley from a non-industrial zone.

e.

Location.

1.

Electric fences shall be permitted on any light industrial outdoor storage areas. Electric fences shall not be installed within one hundred fifty (150) feet of a property line for a residence, or from a school, or day care facility, unless the exterior perimeter nonelectrified fence is covered with a solid covering (e.g., solid mesh, slats, etc.) to further prevent contact with the electric fence.

f.

Height.

1.

Electric fences shall have a maximum height of ten (10) feet.

g.

Warning signs.

1.

Electric fences shall be clearly identified with warning signs that read: "Warning—Electric Fence" and contain icons that are universally understood at intervals of not less than thirty (30) feet.

h.

Electric fence burglar alarms shall be governed and permitted under chapter 9, article V, Burglar and Fire Alarm Systems.

i.

Hours of activation.

1.

Electric fences must only be energized during hours when the public does not have legal access to the protected property (shall not be activated between the hours of 8:00 a.m. and 5:00 p.m.), except:

a.

On days when the business is closed, such as weekends or holidays; or

b.

When personnel are available on-site to deactivate the electric fence.

j.

Key switch.

1.

Electric fences shall have installed a key switch system in accordance with the village fire department standards.

2.

The electric fence controller and emergency key safe for the electric fence must be located in a single accessible location for the entire fence.

k.

Police department registration.

1.

Prior to the installation or use of any electrified fence, the property owner or tenants of the property upon which such fencing will be installed or used shall submit a completed registration for such fencing to the police department.

l.

Indemnification.

1.

All applicants issued a permit to install or use an electric fence as provided in this chapter shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the village and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings, including but not limited to those arising out of any personal injury, including death, or property damage caused by the electric fence.

m.

Emergency access.

1.

In the event that access by the fire department and/or police department personnel to a property where a permitted electric fence has been installed and is operating, is required due to an emergency or urgent circumstances, and the Knox box or other similar approved device referred to in this section is absent or non-functional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric fence, the fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this section shall agree in writing to waive any and all claims for damages to the electric fence against the Village and/or its personnel under such circumstances.

n.

It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this specification.

5.

Dangerous fences generally. Except as otherwise provided in this article, it is unlawful for any person to construct or maintain any fence or post containing or constructed of. in whole or in part, any material likely to cause injury to persons coming in contact within fifteen (15) feet of any public street, alley, sidewalk, public way, or public park or anywhere adjacent to a place of public gathering, or lots that abut a residential zone. Except that if the fence is more than seven (7) feet high it may be maintained where the dangerous material is more than seven (7) feet above the pavement or ground adjacent.

(Ord. No. 2023-42, § 1, 11-14-23; Ord. No. 2024-25, § 1, 5-14-24; Ord. No. 2024-31, § 1, 7-9-24)