O-801-93 09/13/93VILLAGE OF LEMONT
ORDINANCE NO.
s,
%/
AN ORDINANCE AMENDING
SECTION V -H -10 - FENCES, OPEN AND V -H -11 - FENCES, SOLID
OF THE LEMONT ZONING ORDINANCE #426, #557 AND #670
This
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage and Will
Counties, llinois this /3774,
day of 1993.
1993.
AN ORDINANCE AMENDING
SECTION V -H -10 - FENCES, OPEN AND V -H -11 - FENCES, SOLID
OF THE LEMONT ZONING ORDINANCE #426, #557, AND #670
BE IT ORDAINED by the President and Board of Trustees of
the Village of Lemont that Ordinance Nos. 426, 557, and 670 are
hereby amended to provide the following:
SECTION 1 - Definitions.
For the purposes of this section, the definitions of terms
contained in the Lemont Zoning Ordinance shall apply to those terms
as used in this section. Certain other terms are hereby defined as
follows:
1. A corner side yard is that portion of a lot extending from the
front yard to the rear lot line and lying between a lot side
street line and a line drawn parallel to said lot side street
line at a distance equal to the required setback from the lot
side street line under the applicable regulations of the
Lemont Zoning Ordinance or the actual setback of the principal
building line, whichever is greater.
2. A fence is any structure, other than an enclosed building,
forming a barrier or boundary between lots, between a lot and
any street or alley, or between portions of a lot or lots,
including a recreational fence.
a. Fence, Decorative: Decorative fences shall be limited to
wood rail fences, ornamental iron fences, picket fences,
and other similar styles as determined by the Building &
Zoning Administrator. A decorative fence shall not be
solid in design.
b. Fence, Natural: A fence made of natural growth, such as
shrubs, hedges, evergreens, etc.
c. Fence, Recreational: A fence used principally as a
backstop, shield, or enclosure for a sport or
recreational activity.
d. Fence, Man Made Material: Wood, chain link, iron, and
similar materials.
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SECTION 2 - Prohibited Fences.
No dangerous or hazardous type fence such as barbed wire,
electrical fences, fences with spikes, glass, or other sharp points
imbedded in them, or any other type fence that could result in
injuries to persons climbing on or over such fences, shall be
permitted to exist, be erected, or maintained within the Village of
Lemont, with the exception of fences in the Manufacturing
Districts, barbed wire may be installed as outlined in Section 6.
SECTION 3 - Permit Required.
No person shall build, install, erect, reconstruct, replace, alter,
enlarge, or extend a fence or part thereof, without obtaining in
advance a permit therefor and paying a fee of twenty -five dollars
($25.00). An application under this section shall be made to the
Village Building Department and shall include a sketch plan
describing the proposed fence and showing, to the extent necessary
to establish compliance with the requirements of this Ordinance,
its location in relation to (i) the lot lines of the lot on which
the fence is placed, (ii) any structures on said lot, and (iii)
depicting any proposed grade changes in said area. All
applications shall be made to the Building Department and shall
include a sketch showing the type of fence to be constructed and
its location. If property line locations are in doubt, then a
registered survey should be provided. A permit is not required for
routine maintenance of a conforming or legally nonconforming fence
as permitted under SECTION 4 (9).
SECTION 4 - General Provisions.
1. Construction Standards. All fences shall be built, installed,
erected, reconstructed, restored, replaced, altered, or
extended in a workmanlike manner. All fences shall be
securely anchored in the ground. All fences must be installed
so that the finished side faces away from the lot on which it
is erected. All posts must face the interior of the lot on
which erected. All fences shall be maintained in good repair
and shall not be allowed to become and remain in a condition
of disrepair or constitute a hazard or nuisance, public or
private.
2. Locations. All boundary line fences shall be located entirely
on private property of the person constructing or causing the
construction of the fence. Fences may be located at the lot
3
line, providing they are constructed on the property of the
person requesting the permit. Where the exact location of any
boundary line is in doubt, the applicant for the fence permit
shall submit with the application a survey prepared by a
registered land surveyor prior to the permit being issued.
3. Measurement of Height. The height of a fence shall be
measured from the average ground level on both sides of said
fence.
A post, or other principal vertical support component of a
fence, may extend to a height of not more than six (6) inches
above the otherwise permitted maximum height of the fence.
4. Fence Setback. On a corner lot with a side yard abutting a
street, the fence shall not extend past the front building
line. See Definitions of corner side yard, Section 1.
5. Front Yard Fences.
a. On a corner lot, a corner section of decorative fencing
is permitted and can extend for ten (10) feet along the
street frontage and the side lot line.
b. Front yard fences (decorative only) may be erected in
front yards, providing that they do not interfere with
the vision as outlined in Section 4, Figure A., and shall
not be longer than ten (10) feet.
c. Maximum height of fence is three (3) feet.
6. Intersection Visibility Requirements: General.
a. A corner lot in any district shall maintain a clear line
of sight from the approach of an intersection fifty feet
to the line of intersection (see Figure A of diagram on
the following page). Fence height shall be limited to a
maximum height of three (3) feet.
b. Intersection of driveways, sidewalks, alleys and streets;
the minimum clear line of site permitted is eight feet
from the point of intersection of such driveway or alley
lines and such lot lines (see Figure B of diagram on the
following page).
c. No fence, hedge, bush, wall, or similar structure shall
be erected, placed, or allowed to grow above three (3)
feet in height from grade level, within the 8 ft.
4
1
restriction in Figure C of diagram below.
Street
\____ __„_
:i= - -50' 5(
A - 4., 1
i-
50'
No Visual Obstructions
Allowed in This Area
Property 1
1777. Line
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=. 8
t
Same >,
Restrictions 3
v
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N
A
Street
N.■ � dr
1
1
7. Recreational Fences. Any person may petition to the Zoning
Board of Appeals for a permit to construct a recreational
fence which would not conform to any one of the requirements
of this section. Such petition, and the Zoning Board of
Appeals review of the decision on such petition, shall comply
with the requirements of Section 1 of this Ordinance.
8. Natural Fences Shall be Restricted as Follows:
a. No natural fence shall be planted within, nor shall such
natural fence encroach upon, or extend over, any
dedicated right -of -way of any street, sidewalk or alley.
b. No person shall maintain a hedge or shrub or tree on any
portion of his property which interferes with clear view
of traffic or pedestrians by drivers on streets or in
5
driveways, as outlined in Section 4 (6a -c).
c. Natural fences planted in front yards along interior and
front lot lines shall not exceed three (3) feet in
height.
9. Nonconforming Fences. All fences existing and lawfully
constructed under previous Ordinances, maintained in good
repair but not in conformance with the provisions of this
Ordinance shall be deemed nonconforming fences and may
continue to exist. Such fences shall be kept in good repair;
however, if required repairs should have to be made to 50% or
more of the fence, a permit shall be required and the fence
shall be removed totally or reconstructed totally so as to be
in conformance with this Ordinance.
10. Double- Frontage Lots. See Village of Lemont Subdivision
Ordinance #456, Section VIII, F -2 -C.
SECTION 5 - Residential.
Design, Location and Height Requirements of Fences Within
Residential Districts .
1. Except as provided in SECTION 4 (5a -c), no fence shall be
constructed in a front yard past the front building line.
2. In the case of corner lots, except as provided in SECTION 4,
no fence shall be erected beyond the building lines of those
sides of the building which face the two streets forming the
corner.
3. Fences may be erected in the side and rear yard. These fences
shall not exceed a height of six (6) feet.
4. On those lots with street right -of -way in front and back, and
where a rear yard would be adjacent to a front yard, fences
for that rear yard shall not exceed a height of three (3) feet
for the yard area equivalent to the adjacent front yard.
SECTION 6 - Business and Manufacturing Districts.
Design, Location and Height Requirements of Fences Within Business
or Manufacturing Districts.
1. Except as provided in SECTION 4, no fence shall be constructed
6
in a front yard past the front building line.
2. In the case of corner lots, except as provided in SECTION 4,
no fence shall be erected beyond the building lines of those
sides of the building which face the two streets forming the
corner.
3. Fences can be erected in the side and rear yard in back of the
front building line. Boundary line fences in the business
districts shall not exceed six (6) feet in height. Boundary
line fences in the Manufacturing District shall not exceed
eight (8) feet in height. Fences in the Manufacturing
District which are primarily erected for security reasons may
have arms projecting into the applicants property on which
barbed wire may be fastened, commencing at a point not less
than seven (7) feet from the ground.
4. In Business and Manufacturing Districts, fences shall be
required to screen storage areas. Storage areas located in
Business or Manufacturing Districts may be open to the sky but
shall be enclosed by a solid fence or wall including doors
and /or gates. In business districts, such storage fences
shall be a solid fence six (6) feet in height. In
manufacturing districts, such storage yard fences shall be a
solid fence not less than six (6) feet in height nor greater
than eight (8) feet in height. All such fences shall be
allowed only in rear and side yards. Natural screening such
as a densely planted compact hedge may be used in lieu of a
solid fence. The height of such natural screening shall be
in accord with those requirements set forth above in this
section at the time of planting.
SECTION 7 - Variations.
Any request for variation to the requirements of this Ordinance
shall be presented before the Zoning Board of Appeals for its
recommendation to the Board of Trustees of the Village of Lemont.
All requests for such variations shall follow those procedures as
set forth in .Ordinance No. 426, the Zoning Ordinance with the
Village of Lemont, regarding the obtaining of a variation.
The Zoning Board of Appeals may recommend a variation from the
provisions of this Ordinance if upon finding that:
1. The petitioner is affected by unique circumstances which
create a hardship justifying relief from the provisions of
this section, or if the variation request is essential in
maintaining the character of the property.
7
2. The variation will be in harmony with the general purpose and
intent of this Ordinance.
3. The variation will not set any unfavorable precedent either to
the locality or to the Village as a whole.
4. The variation will be the minimum necessary to afford relief
to the petitioner.
5. The variation will not adversely affect the public safety and
general welfare.
Every grant of a variation shall be based on written findings of
act evidencing compliance with the foregoing standards and
specifying the reasons for granting the variation.
SECTION 8 - Inconsistent Ordinances Repealed.
That any inconsistent provision in existing Ordinances of the
Village of Lemont, or part of Ordinances in conflict herewith, are
hereby repealed.
SECTION 9 - Penalties.
Any person who violates any provision of this section shall, upon
failure to cure said violation within thirty (30) days after
written notice thereof from the Building Commissioner, be subject
to a fine of not less than twenty -five dollars ($25.00) and not
more than five hundred dollars ($500.00) for each violation. A
separate violation shall be deemed to have occurred for each day
that the person is found to be in violation of any provision of
this Ordinance.
SECTION 10 - Saving Clause.
That nothing in this Ordinance hereby adopted shall be construed to
affect any suit or proceeding impending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action
acquired or existing, under any act or Ordinance hereby repealed,
nor shall any just or legal right or remedy or any character be
lost, impaired, or affected by this Ordinance.
This Ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided
8
by law.
The Village Clerk of the Village of Lemont shall certify to
the adoption of this Ordinance and cause the same to be published
in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this /.=- day of
.2KAL224411_________, 1993.
BARBARA BUSCHMAN
ALICE CHIN
KEITH LATZ
WILLIAM MARGALUS
RICK RIMBO
RALPH A. SCHOBERT
AYES NAYS PASSED ABSENT
// CHARLENE SMOLLEN, Village Clerk
Approved by me this /.211-day of
HARD A. AS
Village President
CHARLENE SMOLLEN, Village Clerk
B: \ORDINANCE \FENCES.AMD