ORDINANCE # 879
AN ORDINANCE AMENDING FENCING PERMIT REGULATIONS
 
 
WHEREAS, the Village of Creve Coeur is a municipality in accordance with the Constitution of the State of Illinois of 1970; and
 
WHEREAS, the Village Board of the Village of Creve Coeur (hereinafter “Village”) has the authority to pass ordinances to carry into effect the powers granted in the Illinois Municipal Code pursuant to 65 ILCS 5/1-2-1; and
 
WHEREAS, the Village has specific powers granted by the Municipal Code to regulate fences and party walls pursuant to 65 ILCS 5/11-30-1; and
 
WHEREAS, the Village has an interest in maintaining uniformity among residential lots with designated and defined guidelines for fence locations as it pertains to establishing lot lines for fence placement; and
 
WHEREAS,the Village recognizes property lines are a civil matter between property owners and it is not the responsibility of the Village to establish and verify property lines; the Village wishes to establish requirements that will help alleviate issues that may arise between property owners as it relates to placement of fencing; and
 
WHEREAS, after hearing pursuant to duly published notice, the Village Zoning Board of Appeals (“ZBA”) has recommended amendment to the Village Code as hereinafter set forth; and
WHEREAS, the Village Board confirms the findings of the ZBA and finds that adoption of the proposed amendments will serve the best interests of the Village of Creve Coeur and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF CREVE COEUR, TAZEWELL COUNTY, ILLINOISAS FOLLOWS:
 
Section 1 . Recitals. The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.
 
Section 2. Adoption:  Title 10, Chapter 4, Section 6 of the Municipal Code of the Village of Creve Coeur is hereby amended to read as follows (additions are indicated by underline, deletions by strikeout):   
Chapter 10
ZONING
 
10-4-6: FENCING:
This section is intended to provide for fences or walls (hereinafter both referred to as fences) in residential areas in an attractive, safe and functional manner. The following general conditions shall apply:
(A) Fence Construction: Fences shall be constructed such that vertical and/or horizontal supports and cross members are facing the interior of the lot. The decorative side of one sided decorative fencing shall face away from the property.
 
(B) Fences In Residential Front Yards: No fence shall be constructed in the required front yard of any residential zoning lot, without administrative approval of a permit or a variance approved pursuant to the provisions of this code. A front yard is a yard extending across the front of a lotbetween the side yardlot lines, and being the minimum horizontal distance between the street line and the main building or any projection thereto other than the projection of the usual steps.
 
The following standards for fences in front yards shall apply:
 
1. The height of the fence shall not exceed four feet (4') and shall be at least seventy percent (70%) open in design. Where a lot is located at the intersection of two (2) or more streets, and there are dwellings in the same block which front on both streets, on that portion of the lot to which the dwelling does not front, the fence shall be constructed at least ten feet (10') from the property line and shall be at least fifty percent (50%) open in design.
 
2. Fencing may be installed directly on the property line, provided the fence shall not encroach on the right of way or impair vehicular visibility at intersections of public rights of way.
 
3. Fences in front yards of lots in existing subdivisions with no covenants addressing fencing are authorized.
 
 
(C) Fences In Residential Side Yards: A fence may be constructed in the side yard on any residential zoning lot up to and including the property lot line. Such a fence shall not exceed six feet (6') in height. A side yard is a yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.
 

(D) Fences In Residential Rear Yards: A fence that is not greater than six feet (6') in height may be constructed in the rear yard of any residential zoning district up to and including the property lot line; provided however, on corner lots, fences erected in the rear yard extending parallel to the side street which the principal building does not face, shall be subject to the same regulations as for front yards. A rear yard is defined as a yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and rear of the main building or any projections other than steps.
 
 
(E) Fences On Corner Side Yards: On a corner side yard the following regulations shall apply:
1. Except as provided below, the fence regulations for corner side yards shall be the same regulations for front yards.
2. A fence may be erected in a corner side yard no closer than ten feet (10') from the property line. (Ord. 482-AC, 3-13-2002)
 

 
(F) Securing Of Access To Swimming Pools: Every person in control of land on which there is situated a swimming pool, which contains up to twelve inches (12") of water in depth at any point shall at no time leave the same unattended while containing such water. Upon the occurrence of the pool being no longer attended, the same shall be emptied, and the pool container shall be turned upside down.

Every person in control of land on which there is situated a swimming pool which contains more than twelve inches (12") but less than three feet (3') of water in depth at any point shall maintain a secure cover of such strength as to prevent the access by any person, animal or thing in and to the interior of said swimming pool, and shall be of a sufficient strength to hold a weight of not less than seventy five (75) pounds.

Every person in control of land on which there is situated a swimming pool which contains three feet (3') or more of water in depth at any point shall erect and maintain thereon an adequate enclosure either surrounding their property or pool area, sufficient to make such body of water inaccessible to persons. If the enclosure is to surround all or part of the land on which the pool is situated, the enclosure, including gates therein, shall be constructed to a height of six feet (6') above the underlying ground. If the enclosure is to be constructed on a deck or walkway surrounding an aboveground pool, the enclosure, including gates therein, shall be constructed to a height of four feet (4') above the underlying deck or walkway surrounding the aboveground pool, provided that any such enclosure of an aboveground pool shall not exceed eight feet (8') in height above the underlying ground. All gates shall be self-closing, lockable, and self-latching, which latches shall be placed four feet (4') above the underlying ground or otherwise made inaccessible from the outside to small children. Such enclosure shall include all opportunities to access the pool.

These requirements shall apply to all swimming pools existing on the date that this subsection becomes law, as well as swimming pools which are placed on any property within the village subsequent to this subsection becoming law; provided that all swimming pools existing or under construction prior to the enactment of this subsection shall be enclosed within six (6) months after the effective date of this subsection, and swimming pools located on land annexed to the village shall be enclosed within three (3) months after annexation.

It shall be unlawful for any owner of land, or person in control of land or swimming pool thereon to fail to comply with the requirements hereof. Each day of noncompliance shall constitute and be a separate offense, upon conviction for which such individual shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00). (Ord. 482-AF, 10-26-2005)
 
(G) Standards For The Granting Of A Variation Of Fence Height Or Setback Requirements: A variance may be granted only after the following findings have been made:
1. That the proposed fence, considering its placement, height and construction, is compatible with the surrounding neighborhood and does not deprive neighboring property of its full use and enjoyment; and
2. That there exist special circumstances unique to the lot in question or use thereof which would make the variation necessary for the full enjoyment of the lot by the owners or occupiers.
 
(H) Revocation: In any case where a fence allowed by a variation of these regulations has not been maintained for six (6) continuous months after granting thereof, then without further action it shall be null and void.
 
(I) Term Of Approval and Issuance of Permits:
1.  A building permit is required before the installation of a fence.
2.  The fence permit application must be completed and processed as follows:
a.  A site plan must be submitted to the building inspector showing property lot lines, structures and fence placement.
b.  Fence lines must be staked with string to show the exact location of the proposed fence.
c.  The building inspector will inspect the marked area for any issues as it relates to the village ordinances and building codes.
d.  The owner of property that is adjacent on the fence side of the applicant’s property will be required to sign off showing agreement to the marked fence lines on the application.
e.  If any adjacent property owner refuses to sign off on the application, then a survey showing the applicant’s property lines will be required before any permit will be issued.
 
1.3. Where an approved fence has not been established within six (6) months after the granting of the fence approval, then without further action by the city, said permit shall be null and void.
2.4. If a fence permit pursuant to this section has been discontinued for a period of six (6) months or more, it shall not be reestablished without obtaining new approval.
3.5. Any repair, replacement or change to a fence must be in accordance with standards specified.
 
(J) Barbed Wire Fences; Electric Fences: Barbed wire and electric fences are prohibited within the village. For purposes hereof, an “electric fence” shall mean any physical barrier that is energized so as to cause an electric shock to animals and humans who come into physical contact with the energized physical barrier. Invisible fencing used for common household domestic pets shall be allowed.

(K) Nonresidential Areas: Fences located within nonresidential areas may not exceed six feet (6') in height. (Ord. 482-AC, 3-13-2002)
 
Section 3. Conflict. This ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as that part in direct conflict with any other ordinance and, in the event of such conflict, the provisions hereof shall govern.
Section 4. Effective Date. This Ordinance shall take effect ten (10) days after its passage, approval and publication as required by law.
 
 
PASSED BY THE TRUSTEES OF THE VILLAGE OF CREVE COEUR, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION BY A 2/3 MAJORITY THEREOF THIS 10 DAY OF JULY, 2019.
 
APPROVED: 
 
                        FRED LANG
Mayor
ATTEST:
 
KIMBERLY PEAK                                                       
Village Clerk            Ayes:6
 
                        Nays:0
 
                        Abstain:0