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Sec. 12-1.
Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Fence and wall mean any structure, or extension of any building, primarily
constructed for design, privacy or decorative purposes and not intended
to be a part of the occupied portion of the structure, and any bushes,
hedges or planting erected or placed along or near the property line of
any premises for the purpose of or which have the effect of enclosing,
in whole or in part, such premises. Retaining walls, to the extent actually
used as a retaining barrier for earth at normal grade line, shall not
be deemed to be a fence or wall for the purpose of this chapter. The terms
"fence" and "wall" are one and the same and used interchangeably
for the purpose of this chapter.
(Ord. No. 155, § 3, 7-20-1982; Ord. No. 170, § 1, 5-28-1985;
Code 1992, § 6-1; Ord. No. 227, § I(6-1), 4-15-2003)
Cross references: Definitions generally, § 1-2.
Sec. 12-2.
Compliance required.
It shall be unlawful for the owner or occupant of premises in the village
to erect, place or install any fence or wall, to plant or permit the planting
of any shrubs, bushes or hedges to be used as fences, or to maintain the
same in violation of the provisions of this chapter. (See also section
40-173(b)(2)).
(Ord. No. 155, § 1, 7-20-1982; Code 1992, § 6-2; Ord. No. 227,
§ I(6-2), 4-15-2003)
Sec. 12-3.
Permit and fee.
Before any fence or wall shall be erected, placed or installed on any
property, other than property of the village, a written permit therefor
shall be obtained from the building official upon application in writing.
This application shall set forth a description of the fence or wall proposed
to be erected, placed or installed and the location thereof, together
with such additional information as shall be required to evidence compliance
with the provisions of this chapter. Upon the issuance of a permit for
the erection, placement, installation, or replacement of a fence or wall,
a permit fee, the amount of which will be set by the council, shall be
paid to the village.
(Ord. No. 155, § 2, 7-20-1982; Code 1992, § 6-3; Ord. No. 227,
§ I(6-3), 4-15-2003)
Sec. 12-4.
Construction requirements.
Fences and walls shall be constructed of open lattice work of wood, masonry,
or woven wire or metal. Such fences and walls may be constructed in the
rear portion of any parcel of property from the front main building line
to the rear lot line and shall be no greater in height than four feet,
measured from the normal grade line at the base of the fence or wall,
and shall be constructed in such a uniform manner that either horizontal
or vertical openings, or both, shall constitute at least 30 percent of
the length or height of such fence. Fences or walls constructed along
the rear lot line may be erected to a greater height than four feet but
not to exceed six feet in height, providing the property owners adjacent
to any such proposed fence shall approve, in writing, such excess in height
along the rear lot line, and which approval shall be evidenced in writing
and shall accompany the application for permission to erect such fence.
(Ord. No. 155, § 4, 7-20-1982; Code 1992, § 6-4; Ord. No. 227,
§ I(6-4), 4-15-2003)
Sec.
12-5. Location in certain areas.
No fences nor walls, bushes, hedges or plantings to be used in place of
fencing shall be constructed in front of the front building line, nor
along or near the side property lines in front of the front building line,
on any lot except as permitted by the following:
(1) Decorative walls. Decorative walls as adjuncts
to landscaping designs or as definitive elements for driveway location
may be permitted to be constructed in front of the front building line,
providing the wall does not exceed 32 inches in height, including the
cap. Such walls on the east side of Lake Shore may be constructed to a
maximum height of six feet including the cap. Such walls on the west side
of Lake Shore may be constructed to a maximum height of four feet, including
the cap. Decorative lighting or other architectural features may be placed
on top of the decorative wall at the entrance location providing such
lighting or decorative features do not exceed an additional two feet in
height. Plans for such decorative walls shall be submitted to the village
as part of a comprehensive landscape design. These plans shall have been
prepared by a landscape designer.
(2) Shrubbery. Shrubbery planted along any lot line
shall not encroach on the village right-of-way.
(Ord. No. 155, § 5, 7-20-1982; Code 1992, § 6-5; Ord. No. 227,
§ I(6-5), 4-15-2003)
Sec. 12-6.
Corner lots; permission of neighbors required.
In the case of a corner lot, where the side yard abuts on a street, fences
may be constructed from the front main building line to the rear lot line
along and adjacent to the public thoroughfare, providing that the prior
permission of the adjoining property owners to the rear and the property
owners on the opposite side of the thoroughfare are secured. A fence built
within ten feet of the right-of-way of any such thoroughfare shall be
considered adjacent thereto.
(Ord. No. 155, § 6, 7-20-1982; Code 1992, § 6-6; Ord. No. 227,
§ I(6-6), 4-15-2003)
Sec. 12-7.
Obstruction of view; dangerous devices.
(a) No fences, walls, shrubs, hedges or planting shall
be erected, planted, maintained or permitted near any street intersection
or curve, nor at the entrance to any public or private driveway, so as
to obstruct the view of vehicle operators and pedestrians approaching
such intersection, curve or entrance.
(b) No barbed wire, and no exposed spikes, broken glass,
or other dangerous devices or materials shall be used on, in connection
with, or as a part of any fence or wall.
(Ord. No. 155, § 7, 7-20-1982; Code 1992, § 6-7; Ord. No. 227,
§ I(6-7), 4-15-2003)
Sec. 12-8.
Appeals; fee.
(a) Appeals may be taken from any action of the building
official denying a permit for a fence or wall. Appeals shall first be
presented to the planning commission, which will review the request and
make a recommendation to the council. Appeals must be in writing and must
be filed within ten days after the decision appealed from is mailed or
otherwise communicated to the appellant.
(b) On receipt of the recommendation of the planning
commission, the council, sitting as a board of appeals, may reverse, modify
or affirm the action of the building official. It may in its discretion
reduce or modify the requirements of this chapter where it determines
that such action will not impair the general effect and intent of this
chapter in individual cases involving any situation of unusual difficulty
or hardship, or in the interest of public safety and the general welfare.
(c) The appeal fee, the amount of which shall be set
by the council, is payable at the time of application for permit.
(Ord. No. 155, § 8, 7-20-1982; Code 1992, § 6-8; Ord. No. 227,
§ I(6-8), 4-15-2003)
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