Fences are permitted accessory uses in all districts. No person shall construct a fence without first having obtained a permit therefor; provided, however, that a permit to construct a fence shall not be required when a fence is constructed in conjunction with the construction of a structure for which a building permit has been issued. The following regulations shall govern the type, location and construction of all fences: (Ord. 86-63, §15)
A. Fences In Residential Districts:
1. In residential districts where the minimum lot size is less than or equal to eight thousand two hundred (8,200) square feet, fences may be erected subject to the following: (Ord. 2001-02, 1-25-2001)
a. Open fences not exceeding three feet (3') in height made of wood, wood products, PVC, aluminum or wrought iron may be located anywhere on a lot. (Ord. 2005-47, 8-18-2005)
b. Open fences not exceeding four and one-half feet (41/2') in height may be located anywhere on a lot except within twenty five feet (25') of the front lot line. (Ord. 86-63, §15)
c. Closed or open fences that are greater than four and one-half feet (41/2') in height and which do not exceed six feet (6') in height may be located anywhere on a lot except as follows:
(1) Within twenty five feet (25') of the front lot line.
(2) Within fifteen feet (15') of the exterior side lot line on reversed corner lots and on through corner lots.
Notwithstanding anything contained in this section to the contrary, on corner lots where the rear lot line abuts the rear lot line of the adjoining lot, closed or open fences that are greater than four and one-half feet (41/2') in height and which do not exceed six feet (6') in height shall be located only in the rear yard and in that portion of the exterior side yard located between the rear lot line and the principal building. (Ord. 2009-31, 7-16-2009)
2. In residential districts where the minimum lot size is greater than eight thousand two hundred (8,200) square feet, fences may be erected subject to the following: (Ord. 86-63, §15)
a. Open fences not exceeding three feet (3') in height and made of wood, wood products, PVC, aluminum, or wrought iron may be located anywhere on a lot. (Ord. 2007-16, 4-5-2007)
b. Closed or open fences not exceeding six feet (6') in height may be located anywhere on a lot except within twenty five feet (25') of the front lot line or except within fifteen feet (15') of an exterior side lot line. (Ord. 86-63, §15)
3. In parks, recreational areas and recreational establishments, closed or open fences not exceeding ten feet (10') in height may be located in conjunction with sports fields or courts, including, but not limited to, tennis courts and baseball fields and open fence backstops not exceeding thirty feet (30') in height may be located in conjunction with baseball and softball fields for the purpose of protecting spectators and adjacent properties from airborne balls. Said fences and backstops may be located anywhere on a lot except:
a. Within twenty five feet (25') of any front or exterior side lot line.
b. Within ten feet (10') of any interior side or rear lot line. (Ord. 2001-61, 10-25-2001)
4. Closed fences not exceeding eight feet (8') in height may be erected on residential property adjacent to Illinois state highways, provided that they are located only along the lot line adjacent to the Illinois state highway and are made of wood, wood products, brick or stone. (Ord. 2007-16, 4-5-2007; amd. Ord. 2011-21, 5-12-2011)
B. Fences In Nonresidential Districts: In nonresidential districts, fences shall be erected and be subject to the following:
1. When required by district regulations, a closed fence to a maximum height of six feet (6') above existing grading shall be erected along any lot line that adjoins a residential district.
2. A closed fence shall be erected to a height of six feet (6') to enclose and screen all refuse collection areas and facilities.
3. A closed fence shall be erected to enclose all outdoor storage of material, motor vehicles and other equipment storage areas where permitted. The height of the fence shall be equal to the height of the material or equipment stored, but in no event shall such fence exceed ten feet (10').
Notwithstanding any provision in this subsection B3 to the contrary, no such fence shall be erected in a required front yard or side yard adjoining a street; and further provided, that no such fence shall be erected within ten feet (10') of any lot line adjoining a residence district.
4. An open fence may be erected in the side yard or rear yard of any nonresidential district to a maximum height of six feet (6') above existing grade.
5. All nonresidential industrial uses existing on July 14, 1983, shall be required to comply with the regulations contained in this section on or before June 1, 1986. (Ord. 86-63, §15)
6. In parks, recreational areas and recreational establishments, closed or open fences not exceeding ten feet (10') in height may be located in conjunction with sports fields or courts, including, but not limited to, tennis courts and baseball fields, and open fence backstops not exceeding thirty feet (30') in height may be located in conjunction with baseball and softball fields, for the purpose of protecting spectators and adjacent properties from airborne balls. Said fences and backstops may be located anywhere on a lot except:
a. Within twenty five feet (25') of any front or exterior side lot line.
b. Within ten feet (10') of any interior side or rear lot line. (Ord. 2001-61, 10-25-2001)
C. Construction And Maintenance:
1. The finished side of all fences shall face away from the interior of the property so fenced.
2. Fences shall not be constructed with barbed wire or other hazardous devices or materials.
3. Fences shall not be constructed with an electrical charge or other hazardous device.
4. The owner of every fence constructed within the village shall cause said fence(s) to be maintained in a safe, presentable, neat, attractive and sound structural condition at all times, including the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said fence. (Ord. 86-63, §15)
D. Fences Around Swimming Pools: Residential swimming pools shall be enclosed by fences in accordance with title 8, chapter 1, article M of this code. (Ord. 86-63, §15; amd. Ord. 2013-29, 6-13-2013)
E. Screening Along Tollway And Interstate Highways: A fence with a maximum height of fourteen feet (14') shall be permitted along property lines directly abutting a tollway or interstate highway right of way. (Ord. 99-65, 10-14-1999)
Notes
| 1 | 1. See section 9-2-2 of this title for fence definitions. |