§ 17.92.030. Fences.

A.

Fences Defined. For the purpose of this section, "fence" means a stand-alone barrier consisting of wood, stone, masonry materials, metal, vinyl, organic or other materials intended to prevent ingress or egress, shield property observation, form a boundary, or to enhance the appearance of a property. No fence shall be constructed of unsightly or dangerous materials that would constitute a nuisance.

B.

Types of Fences.

1.

Architectural Fence. A fence constructed to enhance the appearance of the structure or the landscape. Such fences shall not exceed twenty (20) feet in total aggregate length and shall comply with the height and setback requirements of this section. Fences of this type shall not hamper the vision of adjoining properties in regards to driveway ingress or egress. Fences of this type shall not totally enclose any area or boundary. Architectural fences may be erected without a permit from the zoning administrator.

2.

Boundary Fence. A fence placed upon the property lines of adjacent properties.

3.

Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure, or boundary. When a hedge is comprised of bushes or trees that form a continuous barrier, enclosure, or boundary, it must comply with the terms of this section pertaining to fences. Hedges shall be planted and trimmed to not extend into the required setback requirements when fully grown.

4.

Picket Fence. A fence of a height less than six feet 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. Fences of a picket fence style having rounded tops to avoid the potential of injury to persons shall not fall within the prohibition contained in subsection E of this section.

5.

Property Wall. A stand-alone structure not constituting part of a building and serving the same essential function as a fence. Property walls shall conform to the terms of this section pertaining to fences.

6.

Protective/Security Fence. A fence constructed to prevent ingress or egress to a property, or enclose a hazard to the public health, safety, and welfare.

7.

Residential Fence. A fence on or adjacent to residentially zoned property.

8.

Temporary Fence. A fence installed for a period of time not to exceed forty-five (45) days, or with the issuance of a permit for a period of time not to exceed one hundred twenty (120) days.

C.

Height of Fences Regulated.

1.

Residential Fences. Except as provided in Sections 17.76.010 and 17.92.040(F), a fence may be erected, placed, or maintained along a lot line of residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no fence that is located in a required front or corner side yard shall not exceed a height of three 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 along such lot line.

2.

Protective/security fences shall not exceed ten (10) feet in height and shall be of an open type similar to woven wire or wrought iron. Other open materials for protective/security fences may, upon request, be reviewed and approved by the village board. Protective/security fences are permitted on the property lines in all districts except residentially zoned properties. Protective/security fences located adjacent to residentially zoned properties shall maintain a minimum three-foot set back from the residential property line.

3.

In any residential district, no fence shall be erected, constructed or maintained to a height exceeding three feet above the street grade nearest thereto, within twenty-five (25) feet of the intersection of any street lines or of street lines projected. (See Section 17.76.010).

D.

Residential Fences. Fences may be constructed parallel to lot lines but shall not extend into the front setback area as extended to the side lot lines. The decorative side of the fence shall face adjoining property.

E.

Prohibited Fences. No fence shall be constructed which is a picket fence, or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock, or which uses barbed wire, provided, however, that barbed wire may be used in security/protective fences in industrially zoned areas if the devices securing the barbed wire to the fence are ten (10) feet above the ground or height and project toward the fenced property and away from any public area.

F.

Fences to Be Repaired. All fences shall be maintained and kept safe and in a state of good repair. The finished or decorative side of a fence shall face adjoining property. Violations shall be subject to fines and penalties as outlined in Section 17.100.060

G.

Temporary Fences. Fences erected for the protection of plantings, 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 section. Unless the duration of such fencing shall exceed forty-five (45) days, the issuance of a permit shall not be necessary for temporary fences.

H.

Nonconforming Fences. Any fence existing on the effective date of amendment of this section not in conformance with this section may be maintained, but any alteration, modification or improvement of the fence shall comply with this section.

I.

Permit Required. No fence, except as exempted above, shall be constructed or erected without first receiving a permit from the zoning administrator. The applicant shall provide all necessary information as required and requested by the zoning administrator. All required fees shall be paid prior to the issuance of a fence permit.

J.

Violation—Penalty. All violations, remedial actions, and/or penalties shall be enforced as outlined in Section 17.100.060

(Ord. 2003-03 § 4 (part); prior code § 13-1-142)

(Ord. No. 2012-01, 1-10-2012)