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Fences

No fence shall be constructed, reconstructed, enlarged, or structurally altered in any zoning district unless the fence meets the requirements of this Section. No fence shall be constructed, reconstructed, enlarged, or structurally altered unless a fence permit has first been issued in accordance with Section 10-3.3.1 of the Village Code.

In no event shall any fence of the following types be constructed or maintained: fences prohibited under Section 16-9.8 of the Village Code; wire fences of a gauge lighter than 11 gauge; or any fence within 10 feet of any intersection of the boundary lines of two streets if the fence is over four feet high as measured from the grade of the abutting street. No variation shall be granted which allows the construction or maintenance of any such fence.

No solid fence shall be permitted in any required front yard, in any required side yard which abuts a street, or in any required rear yard of a double-frontage lot No fence located in a required front yard, in any required side yard which abuts a street, or in any required rear yard of a double-frontage lot shall exceed a height of 4 feet, except that a fence four feet in height may be placed around a swimming pool or spa in accordance with Section 10-8.4 or Section 10-11.4 of the Village Code. No other fence shall exceed a height of 6-1/2 feet, except as otherwise provided under Section 16-9.8 of the Village Code.

The finished side of all fences shall face the street, alley, or abutting property. For purposes of this rule, the "finished side" of a fence is considered to be the smooth side or the side not containing structural supports. If structural elements are an integral part of the fence design, such elements must be centered on the line of the fence.

No fence shall have upright support posts or columns greater than six inches in width or diameter.

Chain link fences shall not contain strips or slats among the links.

Arbors and trellises which are detached from the building are allowable encroachments in a required front yard, a required side yard, a required side yard which abuts a street, or in any required rear yard of a double frontage lot, provided that they comply with each of the following standards: (1) Maximum height is nine feet. (2) Maximum width is six feet. (3) Maximum depth is three feet. (4) Sum of depth in feet and width in feet is not to exceed eight feet. (5) Each surface of the arbor or trellis shall be at least fifty percent open (6) Any gate shall meet all existing fence regulations, except that, if, on each side of a trellis or arbor with a gate there is a hedge higher than three and a half feet, the gate is permitted to be as high as the adjoining hedge, but in no event to exceed a height of (a) four feet, in the case of a gate installed after the effective date of this Ordinance, or (b) four feet ten inches, if said gate was installed on or before the effective date of this Ordinance.

The Zoning Board shall consider in each application for a variation for a fence in any required front yard, any required side yard which abuts a street, or any required rear yard of a double frontage lot, whether or not the fence should be 30% screened with nondeciduous vegetation within two (2) years of the date of the variation ordinance.

In each application for a variation the Zoning Board of Appeals and the Board of Trustees, in addition to the standards in Section 4.4.5(a) of the Zoning Ordinance, shall consider the following factors: the type of street to which the fence will be oriented (e.g., major, collector, or residential), and the volume and speed of traffic regularly using such street; and the extent to which fences of the same type sought by the applicant already exist in the immediate area and have been granted variations; and the orientation and proximity of neighboring dwelling units and other structures to the proposed fence; and the extent to which the proposed fence will utilize landscaping to minimize the visual impact of the fence; and the size of the zoning lots in the neighborhood, such that the larger the lots and the greater the open space thereon, the less impact the fence can be expected to have on neighboring properties; and the extent to which a fence of the same type sought by the applicant is for the replacement or repair of a previously or presently existing fence or portion thereof; and the length of time that a non-conforming fence has existed on the property prior to the application; and whether a fence permit was issued at the time the fence was constructed and if the fence being replaced was required to obtain such a permit. However, no one of these factors shall be conclusive in determining whether a practical difficulty or unnecessary hardship exists.

It shall be presumed, unless the contrary is demonstrated by the preponderance of the evidence, that the replacement of an existing solid fence along major streets, where fences already exist in the immediate neighborhood, shall meet the standards of Section 4.4.5(a) and the above factors.

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