[HISTORY: Adopted by the Village Board of
the Village of Superior as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-14-2009 by Ord. No. 45]
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:
A structure accessory to and customarily incidental to the
principal use, which is erected within a rear, side, or front yard
as a barrier, divider or enclosure. It must be constructed of material
manufactured for such purpose.
That side of a fence which does not contain any exposed supporting
posts or framing members, provided that, in the case of a double-sided
fence where an equal amount of supporting posts and framing timbers
are visible on both sides of the fence, each side shall be considered
to be a finished surface.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
yard for the purpose of determining the width of a side yard, the
minimum horizontal distance between the lot line and the main building
shall be used.
A yard extending across the front of a lot between the side
yard lines, and being the minimum horizontal distance between the
street line and the main building or any projection permitted by the
Building Code of the Village. On corner lots, the front yard shall
be considered as parallel to the street upon which the lot has its
least dimension.
A yard extending across the rear of a lot between the side
lot lines and being the minimum horizontal distance between the rear
of the main building or any projections thereof, other than the projections
of uncovered steps, uncovered balconies, or uncovered porches, and
the rear lot line. On all lots, the rear yard shall be at the opposite
end of the lot from the front yard.
A yard between the main building and the side line of the
lot, and extending from the front lot line to the rear yard, and being
the minimum horizontal distance between a side lot line and the side
of the main buildings or any projections thereto.
A.
The maximum fence height in a front yard or side yard
adjacent to a street in front of the rear wall of the principal building
is four feet. In any other side yard, or in any rear yard, the maximum
height is eight feet.
B.
When fencing height provisions for one lot are more
restrictive than such provisions for an abutting lot with the same
lot line, the more restrictive provision shall apply.
C.
On corner lots, within 20 feet of the corner of such
lot adjacent to the street intersection, no fence shall exceed three
feet above the curb level directly opposite, except that chain link
fences with a mesh of two inches or more shall be permitted within
such area to a maximum height of four feet.
D.
Within five feet of any driveway access to a street
or alley access to a street, no fence shall exceed three feet in height,
except chain link fences with a mesh of two inches or more.
E.
All fences shall be constructed five feet from an
alley line. (This is to eliminate damage from snow removal and provide
a place for garbage cans.)
F.
All fences shall be constructed at least one foot
from the Village right-of-way.
A.
The finished surface of a wood or screen fence shall
be installed facing the exterior of the lot which is viewed by surrounding
properties.
B.
Wood fences that are not constructed of pressure-treated
wood shall be stained or painted unless the fence is constructed of
a material that is naturally resistant to weather (cedar and redwood,
etc.).
The following practices are prohibited:
A.
Barbed wire fences and electric fences are not permitted
within residential districts within the Village.
B.
It shall be unlawful to construct a fence between
dwellings when the fence will be located within five feet of a neighboring
dwelling.
C.
It shall be unlawful to construct a fence without
first obtaining a building permit from the Village.
D.
It shall be unlawful to construct a fence, plant trees
or hedges on private or public property so as to obstruct the vision
of the operators of motor vehicles.
Fences shall be maintained in a condition of
good repair and appearance. It shall be the duty of the Village Building
Inspector or the Inspector's designee to have removed by the owner
any fence which has fallen into a state of disrepair or has become
an eyesore and become a danger to the safety, health or welfare of
neighbors in the Village.
Fees referred to in this article shall be established
by the Village Board in a fee schedule and may from time to time be
modified by the Village Board. Fees shall be related to costs involved
in handling permit application, reviewing plans, conducting site inspections
and administering this article.
Any person convicted of violating provisions
of this article shall forfeit not less than $100 plus assessments
and court costs.
