(A) Continued conformity with bulk regulations. The maintenance of yards and other open space and minimum lot area required for a building shall be a continuing obligation of the owner of such building as long as the building is in existence.
(B) Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located, the provisions of Chapter 156 and § 150.148 of this city code.
(C) Required yards; existing buildings. No yards, now or hereafter provided for a building existing on the effective date of this chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction.
(D) Permitted structures in required yards. The following structures shall be permitted in the required yard of all lots:
(1) In all yards.
(a) Open patios or terraces not over eight inches above the average level of the adjoining ground;
(b) Open steps and platforms which are necessary for access to a permitted building;
(c) Window unit air conditioners projecting not more than 18 inches into the required yard; and
(d) Fences, walls and plantings subject to the limitations contained in this section.
(2) In front yards. Eaves and gutters projecting not more than 18 inches into the required yard.
(3) In rear yards.
(a) Open off-street parking spaces;
(b) Fallout shelters;
(c) Outside elements of air conditioning systems located within the setback requirements of accessory buildings;
(d) Eaves and gutters projecting 18 inches or less into the yard;
(e) Swimming pools and appurtenances thereto, tennis courts and dog runs, provided such uses are not located within 20 feet of any property line; and
(f) Swimming pool cabanas may be located within the setback requirements for accessory buildings for the zoning district.
(E) Fence, wall and planting location and height limitations.
(1) General limitations.
(a) No fence or wall erected after July 6, 1981, and located in any required yard shall exceed seven feet in height, except in cases of variations in topography. The Director of Community Development may modify such height limitation so as to permit a uniform fence top height throughout the length of the fence. Gates and gateposts exceeding this height limit and transitional fencing on either side of the gateposts necessary to make the transition to the higher gatepost may be approved by the Director of Community Development in those instances when the architecture of structure of the gate and/or gateposts, in conjunction with the primary residence structure on the property, necessitates more than seven feet of height.
(b) All fences or walls erected in any required yard after May 16, 1996 shall have their finished side facing the street or the abutting property, as applicable. However the Director of Community Development may approve exceptions to this requirement when compelling evidence is presented showing that the intent of this requirement would still be served if the exception is granted. Such exceptions shall in no case be granted without prior written consent from the effected neighbor, and the Chairperson of the Zoning Board of Appeals.
(2) Along major arterials. Fences or walls may be erected along major arterial streets, as indicated below, in conjunction with earthen mounds or berms (unless specifically prohibited by the city through subdivision or special use permit approval process) so as to create a sight and/or sound barrier between such major arterial streets and the adjoining residential properties:
(a) Skokie Highway (U.S. Route 41);
(b) Waukegan Road (Illinois Route 43);
(c) Kennedy Road (Illinois Route 60);
(d) Tollway (Toll Highway 94); and
(e) McKinley Road, from Westleigh Road to south city limits.
(3) In any yard required by the Zoning Code, unless otherwise provided herein.
(a) Fences and walls up to four feet in height need not be set back from property lines.
(b) Fences and walls up to seven feet in height may be located on any rear property line and interior side property line to a point within three feet of the front property line and need not be set back from said rear or interior side property line.
(c) Fences or walls from four to seven feet in height may be located in any front yard or corner side yard provided such fences or walls are set back at least three feet from the right-of-way. (Fences less than for four feet in height may be located on the front property line.) The Director of Community Development may approve replacement fences or walls from four to seven feet in height to be located less than the required three feet from the front property line setback, should the location of the replacement fence or wall at three feet from the front property line require the removal or destruction of significant mature landscaping or interfere with a pre-established line of fences or walls in the subject property’s immediate area. For new or replacement fences or walls, landscape planting is to be placed between the fence or wall and said street right-of-way. At the end of two growing seasons, the planting shall consist of landscape material that will provide a consistent year-round coverage of at least 30% of the fence or wall area. A cash bond in an amount as set by Council per lineal foot of fence to be landscaped shall be posted with the Building Department. Said bond shall be returned when the Director of Community Development finds that the landscaping requirements of this division (E)(3) have been met.
(4) Sight and view restrictions.
(a) At all street intersections, no fence, wall or planting exceeding three and one-half feet in height above the established street roadway grade shall be erected or maintained after July 6, 1981, within the triangle formed by the intersecting street right-of-way lines and a line joining the points a distance of 25 feet from the point of street intersection.
(b) Gates or gaps in fences or walls located in front or corner side yards which are used for driveway access must be set back a minimum of 20 feet from the street edge-of-pavement, and fences or walls connecting to the gate or gap shall be set back or angled for sufficient distance to provide safe sight for vehicles emerging to the street from the driveway.
(c) Fences or walls located in proximity to principal structures on adjacent lots shall be set back from said structures a distance equal to the height of the fence.
(5) Ravines and bluffs.
(a) Prohibition. Fences are not permitted on slopes beyond ravine or bluff edges as defined in § 159.002.
(b) Variance criteria. The Zoning Board of Appeals may consider requests for variances from the requirements of this section to allow fences on slopes beyond ravine or bluff edges. In consideration of such variances, the Zoning Board of Appeals, in addition to the standards for variances in § 159.042(F)(4), shall require evidence demonstrating the following:
1. The slope of the ravine or bluff area to be impacted by the proposed fence is stable as demonstrated by a slope stability analysis and report prepared by a licensed engineer;
2. Neither the construction of the fence, nor the ongoing maintenance of the fence will negatively impact the stability of the slope or existing vegetation or trees. This does not include trees or vegetation that may otherwise be approved for removal consistent with the code;
3. The proposed location of the fence does not impede overland drainage routes;
4. The proposed location does not require the removal or negatively impact any heritage trees; and
5. The fence is black or dark green open chain link or a similar minimally sight obscuring material approved by the city which preserves the overall natural appearance of the ravine or bluff.
(c) Fences located on slopes beyond ravine or bluff edges at the time of adoption of this provision. Fences located on slopes beyond ravine or bluff edges at the time of adoption of this provision may remain for a period not to exceed 25 years from the date of adoption of this provision, until May 20, 2038 (the “amortization period”); provided, however, that such fences may only be allowed to remain during the amortization period under the following conditions:
1. The fence creates no material impairment to natural drainage, public safety or the stability of neighboring property; and
2. The fence is maintained in good repair and in an upright position, but repairs shall not include or permit excavation or the setting of new posts on the slope of the ravine or bluff.
(F) Height exceptions. The height limitations of this chapter shall not apply to:
(1) Church spires and belfries;
(2) Water towers, fire towers, chimneys and flag poles;
(3) Cooling towers, elevator bulkheads and elements of air conditioning systems, which do not exceed the height limitation by more than four feet; and
(4) Radio and television antennas or aerials, noncommercial.
(G) Area regulations. In any district, no building, used or designed for use as a dwelling, and its accessory buildings, shall occupy in excess of 30% of the lot.
(Prior Code, § 46-10) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 94-10, passed 4-21-1994; Ord. 96-15, passed 4-1-1996; Ord. 96-18, passed 5-16-1996; Ord. 2013-27, passed 5-20-2013)