It is the purpose and intent of this chapter to regulate the
placement, nature and height of fences within the Village of Mount
Morris.
As used in this chapter, the following terms shall have the
meanings indicated:
BACKYARD
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building
on the same lot. The depth of a backyard shall be measured at right
angles to the rear line of the lot, or if the lot is not rectangular,
then in the general direction of its side building lines.
[Amended 9-11-1997 by L.L. No. 2-1997]
FENCE
Any structure, regardless of composition, enclosing in full
or in part any open space, lot or yard or dividing the same into distinct
portions.
FRONT YARD
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of that lot.
[Amended 9-11-1997 by L.L. No. 2-1997]
HEIGHT
The vertical distance from the ground to the top of a fence.
"Height" shall be measured from the average finished grade of the
lot.
SIDE YARD
An open, unoccupied space between the side line of the lot
and the nearest line of the building. It shall extend from the front
yard to the rear yard or, in the absence of either, to the street
or rear lot lines as the case may be. The width of a side yard shall
be measured at right angles to the side line of the lot.
[Amended 9-11-1997 by L.L. No. 2-1997]
YARD
A required open space located on the same lot as the principal
building, unoccupied and unobstructed from ground to sky except for
accessory uses and for tree or shrub growth, fences, walls or other
encroachments expressly permitted elsewhere in these regulations.
[Amended 9-11-1997 by L.L. No. 2-1997]
The Zoning Enforcement Officer or the Highway Superintendent
shall have the authority to direct, in writing, the removal, trimming
or modification of any shrubs, bushes, plants, trees, flowers or other
vegetation, fence, wall, hedge or other structure on private or public
property wherever the same shall interfere with adequate visibility
or operations of motor vehicles at street intersections or curbs.
Any person who shall refuse or neglect to comply within 15 days of
the written direction from the Zoning Enforcement Officer or Highway
Superintendent shall be in violation of this chapter and shall be
subject to its penalties.
The following provisions shall apply to fences in all districts:
A. A fence, whether of wood, chain link, stockade or any other type,
shall be erected so that the smooth or finished side shall face to
the outside of the premises. All fenceposts shall be placed on the
inside of the fence.
B. Painted fences shall be of one color only.
C. No fence shall be erected in such manner as to inhabit or divert
the natural drainage flow or to cause the blockage or damming of surface
water creating ponding.
D. No fence shall be erected which may create a fire hazard or other
dangerous condition or which may result in obstruction to effective
fire fighting.
E. Any fence, wall or similar structure, as well as shrubbery, which
unduly cuts off light or air, which may cause a nuisance, a fire hazard,
a dangerous condition, an obstruction to combating fires, an obstruction
to fire fighters and equipment for combating fires or which may affect
public safety is hereby expressly prohibited. Further, no fence shall
be erected in a front yard or along a public right-of-way unless the
fence is uniformly less than 50% solid.
F. Fences shall be erected on or inside the boundaries of the applicant's
property.
G. Fences shall be maintained in a safe and substantial condition.
The following fences and fencing materials are specifically
prohibited:
A. Barbed wire or razor wire.
B. Short, pointed fences, excluding picket fences.
C. Electrically charged fences.
D. Temporary fences, such as snow fences, except by express permission
of the Board of Trustees upon good cause shown.
F. A fence constructed within the right-of-way of any public street.
All existing fences and other barriers which do not conform
to the provisions of this chapter may be continued as they presently
exist, as long as the same are not altered, extended, replaced or
modified.
Any person, firm or corporation or agent thereof, representative
or employee violating any of the provisions of this chapter shall
be punishable by a fine not to exceed $100. Each week's continuance
of a violation after notice to cease shall be deemed a separate and
distinct offense and shall be punished accordingly.