Fences on Residentially-Zoned Property

SECTION 6-40 of the Municipal Code

1. Definitions: For the purpose of this Section, a "boundary line fence" is a fence erected on and parallel to a lot line, and a "non-boundary line fence" is any fence which is not a boundary line fence.

A "fence" is any structure made of wood, stone, concrete, metal, or other material so as to create a sufficient obstruction around a lot or other space intended to prevent straying from within or intrusion from without certain property.

2. Location: Fences shall not be permitted in the front yard. The definition of front yard (as defined in Section 3.2 of the Zoning Ordinance). A non-boundary line fence or fenced-in enclosure may be erected in the rear yard, provided the fence is erected at a distance not less than eight (8) feet from all lot lines. The following restrictions as to location shall also be complied with:

1. A boundary line fence must be so constructed as to present its finished side to the adjacent property owner(s).
2. A fence shall not be constructed, placed or maintained in any public right-of-way. Any fence existing, constructed, placed or maintained on an easement will be removed by the owner(s) when work in such easement is necessary by public utility companies or agents authorized by the Village.
3. Fences on swales will be removed by the owner(s) when work is necessary in swales by agents authorized by the Village.
4. Corner Lots: A fence may be constructed in the side yard on the street side of the lot, but the fence cannot be located in any right-of-way or closer than ten (10) feet from the curbline of the street, whichever is more, and the fence cannot create a sight obstruction for traffic using the intersection. In the event that the above referenced setback of ten (10) feet is not adequate to avoid a sight obstruction, then the distance from the curbline shall be increased to eliminate the sight obstruction.

1. Replacement: Replacement of a fence shall be the responsibility of the property owner(s) and must conform with this Article.
2. Materials: Fences shall not be constructed either wholly or partially of barbed-wire or carry an electrical current.
3. Height: Fences located in rear and side yards shall not exceed six (6) feet in height. The definition of the rear and side yards is found in Section 3.2 of the Zoning Ordinance. In determining the maximum height of any fence, the standard yard grade level will be used for measurement. The use of artificially-installed landscape materials will not be included in the height calculation.
4. Maintenance: When a property owner is installing a fence that is adjacent to an existing fence, and leaving a space between the two fences, the fence must be installed in such a manner that the property owner can access the space between the fences in order to maintain the area including the cutting of grass and weeds and the removal of debris. Access could be by a gate or some other common access component.

 Rev. 10/26/99
(Ord. No. 18-1999)