(A) Scope. The installation, erection, and/or maintenance of a fence is hereby prohibited except in strict compliance with the standards, procedures, exemptions and other requirements of these regulations.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FENCE. Any barrier, structure, or gate erected upon or near, but not limited to, the property line between adjoining property owners, for the purpose of separating, screening, enclosing or protecting property. For the purpose of this chapter, a fence shall not include naturally growing shrubs, bushes and other foliage or privacy screens as defined herein.
FENCE HEIGHT. The distance from the natural ground level to the top of the highest component of the fence.
PRIVACY SCREEN. A barrier erected within the interior of a parcel of property and not upon a property line for the purpose of obscuring windows, patios, decks, courtyards, swimming pools and other similar outdoor features, from observation by persons outside the perimeter of the property.
RECREATIONAL FENCE. A fence used principally as a backstop, shield, or enclosure for a sport or recreational activity.
(C) Permits required. No fence shall be substantially altered, erected or placed upon any property without first obtaining a fence permit. Plans indicating specific location, material, type and height of proposed fence shall accompany the permit application filed with the Building and Zoning Administrator. Before a building permit is issued, the owner may be required to provide positive proof of the lot line by survey or location of lot line stakes. All fences must meet intersection sight distance requirements as determined by the Illinois Department of Transportation's Bureau of Local Roads (BLR) manual.
(D) Residential and Business Districts (B, RC, RU, RS, RE-1, RD, and RM.)
(1) Height of fence.
(a)
Fence height shall not exceed 4 feet in front yards and 6 feet in side and rear yards. Fence height for multi-family residential property, which abut single or multi-family property shall be 6 feet in height in side yards and 6 feet in height in rear yards.
(b) On that portion of a premises which constitutes the side of a residential corner lot, fences shall not exceed 6 feet in height.
(2) Location.
(a) Fences may be located on property lines.
(b) No fence shall be located closer than 12 inches to a public sidewalk, except in business districts.
(3) Material specifications.
(a) Fences shall be constructed of wood, metal, masonry, or PVC, and other materials of required stability approved by the Building and Zoning Administrator.
(b) Only new material shall be used, which has been manufactured and/or treated in a manner to prevent rust and corrosion, and/or rot and decay.
(c) All posts shall be sunk in the soil to a depth of at least 3 feet.
(d) No person shall erect or cause to be erected a fence which is made with or upon which is fixed barbed wire; or has any protective spike, nail, or sharp pointed object; or is charged with electric current.
(4) Design requirements.
(a) Areas zoned or used for multiple family residential purposes, which abut single or multi-family property, shall have erected upon the adjoining property line, a fence to act as a screen between the properties. The fence shall be 6 feet in height.
(b) All fences shall have their finished face directed toward adjacent residential properties or streets.
(c) All posts for any fences must be on the owner's side of the fence.
(d) In the event that any fence is erected in any easement, the landowner shall be solely responsible for the repair or replacement of the fence in the event that maintenance of the easement and rights granted hereunder require removal of the fence or cause damage to it.
(e) Fences must not inhibit drainage flow.
(5) Fences required for swimming pools. For the protection of the general public, any swimming pool greater than 3 feet in depth shall be enclosed by a fence measuring not less than 6 feet in height above grade level, unless the pool is equipped with power pool safety cover. Any swimming pool possessing a power pool safety cover in accordance with this section shall be surrounded by a fence measuring not less than four feet in height above grade. The gate(s) of any fence enclosing a swimming pool shall be of a self-closing and latching type, with the latch on the inside of the gate not readily accessible for children to open.
(E) Industrial districts (I-1 and IC).
(1) Height of fence. Fence height shall not exceed 12 feet.
(2) Location.
(a) Fences may be located on property lines.
(b) No fence shall be located closer than 12 inches to a public sidewalk.
(c) It shall be unlawful to construct, or maintain, or permit to remain, any fence or fence element on a corner lot within 50 feet of the street line which obstructs the view.
(3) Material specifications.
(a) Fences shall be constructed of wood, metal or masonry, and other acceptable materials of required stability.
(b) Only new material shall be used, which has been manufactured and/or treated in a manner to prevent rust and corrosion, and/or rot and decay.
(c) All posts shall be sunk in the soil to a depth of at least 3 feet.
(d) No person shall erect or cause to be erected a fence which is charged with electric current.
(e) A fence in an industrial area may be erected with barbed wire on arms or brackets extending inward over such property. Barbed wire shall not be used, installed, or constructed on fences fronting any street.
(4) Design requirements.
(a) All fences shall have their finished face directed toward adjacent property or streets.
(b) All posts for any fence must be on the owner's side of the fence.
(c) In the event that any fence is erected in any easement, the landowner shall be solely responsible for the repair or replacement of the fence in the event that maintenance of the easement and rights granted hereunder require removal of the fence or cause damage to it.
(d) Fences must not inhibit drainage flow.
(F) Construction barrier fencing. Construction barrier fencing, a minimum of 4 feet tall, of bright orange or other readily visible color is required to be placed around all open excavations. Fencing shall be kept in good repair through out the course of the work and must not be removed until excavation is closed.
(G) Recreational fences. Fences shall not exceed a height of 12 feet and shall not be located closer than 5 feet to any property line or placed on any easement.
(H) Maintenance of nuisance. Fences must be maintained in a neat and safe condition, so as not to endanger life or property. Any fence which, through lack of repair, type of construction or otherwise, endangers life or property is hereby deemed a nuisance. The Building and Zoning Department shall notify the owner, agent, or person in control of the property on which the fence is located of the existence of the nuisance and shall specify the required repairs or modifications to be made to render the fence safe or require that the unsafe fence or any portion thereof be removed and shall provide a time limiting the repairs, modification, or removal.
(I) Existing fences. Fences presently in existence shall not be enlarged, rebuilt, repaired or reconstructed without first having obtained a permit from the Building Department. Such fences, when repaired or replaced, shall conform with all provisions of this chapter.
(Am. Ord. 2008-56, passed 10-14-2008; Am. Ord. 2017-03, passed 1-9-2017)