A. Private Fences On Public Property: No private fences shall be allowed or constructed on public streets or highway rights of way. Fences may be placed on public utility easements so long as the structures do not interfere in any way with existing underground, ground or overground utilities. Further, the city or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of said easement. Fences in violation of this section may be summarily removed.
B. Prohibited Materials Of Construction:
1. No barbed wire or barbed wire fences shall be allowed on private property in residential zoning districts or on lots in any district being used for single- or multiple-family dwelling purposes. No barbed wire or barbed wire fences shall be allowed on private property in business or industrial districts where the property lines of such property abut lots or parcels being used or intended for single- or multiple- family purposes or on fences in front yards.
2. No fence shall be constructed of materials obviously intended to inflict great bodily harm should a person or animal attempt to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit, broken glass, razor blades and sharp or ragged metal spikes or spears.
C. Maintenance And Repair: All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable condition. If, on inspection by the zoning administrator, any fence, in his determination, does not meet the requirements of this section, he shall order the owner or occupier of the premises, by registered or certified mail, to make the necessary repairs or improvements as directed or he (owner or occupier) shall be in violation of this code, and the city attorney shall cause a complaint to be issued and processed against said owner or occupier in accordance with rules of the circuit court of McLean County, Illinois. If an adjoining property owner will not allow ingress or egress for the purpose of maintaining the fence, then the responsibility for repair and maintenance of that portion of the fence shall transfer to that adjacent owner, and he shall be liable the same as the fence owner. (Ord. 392, 10-25-1999)
D. Fences In Residential Districts:
1. In R-1, R-2 and R-3 districts, no fence may exceed four feet (4') in height above ground level in front yards. Fences along the side lines from the front of the principal building to the rear lot line and along the rear lot line, and also within side yards and rear yards, may not exceed six feet (6') in height above ground level. On lot lines abutting the public right of way or residential property, the fence must face outward with the support posts on the inside.
2. When any fence is installed in the front, side or rear yard, it shall not extend beyond the property lines or encroach upon adjoining property.
3. Prior to the building of a fence in the city of Chenoa, an application for a permit shall be required on a form provided by the city clerk, and a permit fee in an amount to be determined by the city council shall be charged for all such permits. (Ord. 556, 11-10-2008)
E. Visibility On Corner Lots: In residential districts or residential use areas, the location of fences, hedges and landscaping on corner lots shall be regulated as follows, so as not to obstruct the vision of drivers of motor vehicles: No fences shall be erected or maintained, nor any hedges or landscaping shall be planted, grown or maintained, to a height of more than three feet (3') above the adjacent curb/roadway height, within a triangular area determined by a diagonal line connecting two (2) points measured along the property lines of the abutting streets thirty feet (30') equidistant from the intersection of those property lines.
F. Commercial And Industrial Districts:
1. In commercial and industrial districts, fences may not exceed eight feet (8') in height above ground level, and the use of barbed wire is prohibited; except, that one foot (1') additional of any fence along side or rear lot lines in these zones may be constructed of barbed wire.
2. When any fence is installed in the front, side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property.
G. Nonconforming Fences: Fences existing at the effective date hereof which are not in violation of subsection A, B, C or E of this section may continue to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations would be continued.
H. Exemptions: Agricultural fences in agricultural districts and in other districts approved for agricultural uses are exempt from this section except where abutting properties are in residential districts or areas predominantly used for residential use. (Ord. 392, 10-25-1999)
I. Swimming Pools:
1. Permanent Swimming Pools: All permanent swimming pools whether above or below ground, shall be enclosed by wire mesh or chainlink fences or landscaping capable of denying access to the premises, in a minimum height of four feet (4'). (Ord. 392, 10-25-1999; amd. Ord. 597, 7-11-2011)
2. Commercial Pools:
a. All commercial inground or aboveground swimming pools, other than temporary or portable type swimming pools having a depth of less than thirty six inches (36"), shall be equipped with at least one of the following safety features:
(1) An enclosure fence or landscaping with a height of at least four feet (4') above the surrounding grade and which does not have openings which would allow a child to gain entry, or protrusions which allow climbing, and which is equipped with a self-closing and self-latching gate with the latching device located no less than forty four inches (44") from the bottom of the gate; or
(2) An operational powered safety cover capable of supporting not less than two hundred fifty (250) pounds, which is equipped with a railing system that prevents entry under the cover and a switch mechanism protected by a locking switch box; or
(3) A removable or lockup ladder which is the only means to gain access to the pool. The ladder shall be removed or locked up when the pool is not in use.
(4) A self-latching lockout gate which would deny access to the pool by denying access to the steps or ladder to the pool, with the latching device located no less than forty four inches (44") from the bottom of the gate.
b. Allowing access to the pool when not in use by allowing unlocked openings in the fence or landscaping, or ladders in the down or unlocked position, shall be deemed an ordinance violation punishable pursuant to the provisions of the general penalty ordinance of the city of Chenoa, with a fine of no less than one hundred dollars ($100.00) for each occurrence.
c. As the health and safety of the citizens of Chenoa is an issue and a concern by the city council, the provisions of section 10-12-2, "Nonconforming Uses", of this title shall not apply, and a swimming pool which does not meet the requirements of this chapter shall not be considered a nonconforming use. All existing pools as defined herein shall therefore be subject to the provisions of this chapter. (Ord. 597, 7-11-2011)
J. Nuisance Declared; Abatement: Any fence or landscaping which shall be erected or maintained contrary to the provisions of this code is deemed a nuisance, and it shall be the duty of the zoning administrator and the chief of police to abate the same by any means allowable under state law or this code. (Ord. 392, 10-25-1999)