[Ord. No. 409 §2, 11-20-2013]
As used in this Chapter, the following terms shall have the meanings ascribed to them:
- BARBED WIRE
- Twisted strands of fence wire with barbs at regular intervals.
- BRICK FENCE
- A fence constructed of manufactured brick or stone with at least thirty percent (30%) of said fence containing open areas consistently throughout the length of the fence.
- CHAIN LINK
- Vinyl, color-coated (black or earth tone) wire of at least eleven (11) gauge woven into mesh no less than two (2) inches, attached to metal posts spaced at regular intervals only for uses other than division fences.
- DECORATIVE FENCING
- Fencing used not as a barricade but simply for aesthetic purposes.
- DIVISION FENCE OR WALL
- Any partition erected parallel to and/or along a residential property line and setting off the property of one person from that of another or otherwise for the purpose of shielding property from trespass or view.
- Any person, firm, partnership or corporation, whether as owner, tenant, occupant or lessee of any real estate in the Village or as the contractor or subcontractor of such owner, tenant, occupant or lessee.
- STACKED FENCE
- A split rail fence, often laid out in zigzag pattern for decorative purposes, made from logs split lengthwise.
- STONE FENCE
- See "brick fence," above.
- VINYL CLAD WIRE
- Wire woven in a mesh pattern that is coated with vinyl.
- A solid exterior partition designed to act as a retaining wall.
- WIRE FENCE
- A light wire (under eleven-gauge) including woven wire, chicken wire, barbed wire or variations thereof.
Editor's Note: This ordinance also repealed former Ch. 515, Fences, adopted and amended R.O. 2011 §§ 515.010 through 515.090; 6-21-1978 by Ord. No. 78-4; 9-3-1997 by Ord. No. 97-28; 2-20-2002 by Ord. No. 73; 3-20-2002 by Ord. No. 79; and 7-19-2006 by Ord. No. 219.
[Ord. No. 409 §3, 11-20-2013]
No person shall erect or maintain any division fence or screen, in whole or in part of cloth, canvas, wire, or other like material, except during construction.
No person shall permit any fence erected or maintained on premises owned, occupied or leased to be used for advertising purposes.
No fence of any kind is permitted for residences in a front yard.
Fences that do not utilize the same type of material throughout, except upon careful review and exercise of discretion by the Building Commissioner, are prohibited.
Residential fences that do not have the finished side to the outside of the property are prohibited.
[Ord. No. 409 §4, 11-20-2013]
District "A" Residential: powder-coated anodized aluminum or powder-coated galvanized-steel in black or earth tones; wood (including composite wood with wood-grain finish in natural wood colors, but not plywood or knotty pine); decorative wrought iron in black or earth tones; decorative stacked fence; stone or brick fence.
District "B" Residential: wood as listed for District "A"; powder-coated/vinyl-clad chain-link fencing (permitted only for tennis courts or baseball field backstops) in black or green color only.
District "C" Commercial: powder-coated aluminum or powder-coated galvanized steel in black color only; wood as listed for District "A," above or vinyl fencing in any color approved by the Board of Trustees.
[Ord. No. 409 §5, 11-20-2013]
No person shall construct or alter any fence, screen, wall or other exterior partition in the Village without first filing an application with and receiving a permit from the Building Commissioner for the construction of such fence, screen or wall. Such application shall be filed upon forms provided by the Building Commissioner and shall clearly show the type of fence, screen or wall proposed to be constructed, the material of which it is to be constructed and the location where it is to be constructed. Said location shall further be identified by corner staking of the applicant's property limits within the area proposed to be fenced. Said proof of property boundary shall be accompanied by a professional survey, if reasonably requested by the Building Commissioner.
No permit shall be required for the construction or alteration of an exterior wall less than three (3) feet in height.
[Ord. No. 409 §6, 11-20-2013]
An application for a permit under the provisions of this Chapter shall be accompanied by a fee of twenty-five dollars ($25.00) to cover the cost of the permit and inspection of the fence, screen, wall or exterior partition proposed to be constructed.
[Ord. No. 409 §7, 11-20-2013]
No person residing in a residential area shall construct or maintain any division fence or any other fence, wall, or exterior partition, which exceeds eight (8) feet in height.
All division fences constructed of wood shall be finished on the neighboring homeowner's side in wood-tone or other natural wood color.
Manufactured fences shall be installed according to manufacturer specifications. For fences not accompanied by manufacturer specifications, line fence posts shall be set at a depth of not less than two (2) feet, terminal posts shall be set in concrete at a depth not less than three (3) feet and all posts and vertical fence boards shall be constructed at the plumb line. Posts for wood panel and rail fencing shall be installed on the applicant's side of the division line. Fences constructed of brick, stone or ornamental iron shall be set on concrete footings not less than three (3) feet in depth.
[Ord. No. 409 §8, 11-20-2013]
Division fences, walls or exterior partitions which do not conform to the provisions of this Chapter but which are in place prior to its adoption (November 20, 2013) may continue in existence; provided, however, that in the event any such non-conforming fence, wall or partition shall be damaged or destroyed or shall decay to the extent that the cost of restoration shall exceed fifty percent (50%) of the cost of a new fence or wall, including labor and materials, then said fence, wall or partition shall be altered and reconstructed in conformity with the provisions of this Chapter, including those Sections hereof requiring the issuance of a permit.
[Ord. No. 409 §9, 11-20-2013]
Fences, walls or exterior partitions shall be maintained in a state of good repair, free of rotting, rusting, loose or deteriorating supports, members, materials and hardware and properly painted, stained or otherwise preserved. The Building Commissioner is hereby empowered to issue notices to property owners to comply with this Section. Owners will be given a reasonable time to comply not to exceed thirty (30) days; provided, however, that a longer period may be given at the discretion of the Building Commissioner if such compliance within that time would work an undue hardship.
[Ord. No. 409 §10, 11-20-2013]
Every person constructing, maintaining or altering any fence, wall or exterior partition in violation of or contrary to the requirements of this Chapter, and every person who shall fail, neglect or refuse to observe the requirements of this Chapter or violate the same, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine as set forth in Section 100.100 of this Code.