[HISTORY: Adopted by the Village Board of the Village of Footville 8-5-1999. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meaning indicated:
- An enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
Fences shall be categorized into four classifications:
Boundary fence. A fence placed on or within four feet of the property lines of adjacent properties.
Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.
Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.
Picket fence. A fence having a pointed post, stake pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.
A fence or wall may be erected, placed or maintained along a lot line or residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level and be no closer than three feet to a public right-of-way, except that no such fence or wall which is located in a required front yard shall exceed a height of four feet. Where such lot line is adjacent to a non-residentially zoned property, there shall be an eight-foot limit on the height of a fence or wall along such lot line.
Vision clearance; property lines.
In order to provide adequate vision clearance on corner lots, no fence shall be erected or maintained within the triangular space formed by two intersecting street, alley, or driveway (public or private) property lines and a line joining points on such property lines (or projections thereof) located less than:
Street or alley property lines are measured from the right-of-way or easement lines establishing such street or alley. Driveway lines are measured from the easement establishing such driveway, or, in the case of no easement, from the edge of the driveway surface.
No fence or wall shall be erected, placed or maintained along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
Fences in or adjacent to a residential property are permitted on lot lines. Fences may be constructed alongside lot lines but shall not extend in the front setback area as extended to the side lot lines.
Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought-iron fencing.
No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition, or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground or height and project toward the fenced property and away from any public area.
Although fences which conduct electricity or are designed to electrically shock are generally prohibited, such fences using smooth wire are allowed for the limited purpose of deer control.
No woven, twisted, welded or interlaced wire fence shall be located in a Residential District, unless such fencing is ornamental in character. Excluded from this section is chain-link-type fencing.
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.
Fences erected for the protection of planting or to warn of construction hazard, 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 this chapter. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.
Any fence existing on the effective date of this Municipal Code and not in conformance with this chapter may be maintained, but alterations, modifications or improvements of more than 50% of said fence shall require the owner to bring the fence into compliance with this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
No person shall erect a fence in the Village without first obtaining a fence permit from the Village and paying a $50 fee. The applicant shall provide the Building Inspector with accurate design information for the proposed fence. Permits may only be issued for proposed fences complying with this chapter.
The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his/her property.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The penalty for violations of this chapter shall be double the permit fee.