O-557-87 05/26/87•
ORDINANCE NO.557
An Ordinance Amending Section V -H -10 - Fences, open and
V -H -11 - Fences, solid of the Lemont Zoning Ordinance #426
Be it Ordained by the President and the Board of Trustees of the
Village of Lemont, as follows:
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 front yard: A front yard decorative fence shall
be limited to a rail wood fence. Said fence shall not have more
than 3 rails with the top rail not exceeding 36 inches in height.
Said fence shall also have over its entirety more than 50 percent
of the surface area in open space as viewed at right angles from
the fence.
b. Fence, Natural: A fence made of natural growth, such as shrubs,
hedges, evergreens, etc.
c. Fence, Open: A fence which has over its entirety at least 50
percent of the surface area in open space as viewed at right angles
from the fence, except that the required open space in louver -type
fences can be satisfied by viewing from any angle.
d. Fence, Recreational: A fence used principally as a backstop, shield
or enclosure for a sport or recreational activity.
e. Fence, Solid: A fence which has more than 50 percent coverage of
the fence surface area to conceal the view of adjoining properties,
streets, or alleys.
•
SECTION 2
Prohibited Fences. No fence shall be built, installed, erected, re-
constructed, replaced, altered, enlarged, extended, maintained, or
allowed to exist in violation of the provisions of this Ordinance and
shall be removed by the owner thereof.
No dangerous or hazardous type fence such as barbed wire, electrical
fences, fences with spikes, broken 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.
SECTION 3
Maintenance. All fences shall be maintained in good condition. No fences
that are leaning in such a manner that an angle of fifteen (15) degrees or
more is produced when measured from the vertical shall be permitted to be
maintained within the Village of Lemont.
SECTION 4
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 ten dollars ($10.00). 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, (iii) any structures on adjacent
properties, and (iv) depicting any proposed grade changes in said area. A
permit is not required for routine maintenance of a conforming or legally
nonconforming fence as permitted under SECTION 12.
SECTION 5
Construction Standards: General. All fences shall be built, installed,
erected, reconstructed, restored, replaced, altered, or extended in a good
workmanlike manner. All fences shall be securely anchored in the ground.
All fences shall be built, installed, erected, reconstructed, restored,
replaced, altered, or extended so that all posts and other structural
components, and the unfinished side of the fence, if any, shall face into
the lot on which the fence is placed; provided, however, that this restriction
shall not apply to fences placed on a lot zoned as a Residence within ten (10)
feet of and parallel to a lot line on such lot which abuts a lot zoned as a
commercial or industrial district.
Measurement of Height. The height of any fence placed within fifteen (15)
feet of and parallel to a street line shall be measured from the sidewalk
level or, if no sidewalk, its equivalent established grade, to the top of
• •
the fence. The height of all other fences shall be measured from the
existing natural grade in the area of the fence, as determined by the
Building Commissioner, to the top of the 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.
Fence Setback. A fence constructed within the Village must be a minimum of
six (6) inches from the property lines of the property on which the fence
is to be constructed. In the case of the front property line permitted
fences, as regulated by this Ordinance, shall be a minimum of 6 inches off
the front property line or a minimum of 6. inches from the public sidewalk.
In no case can any part of a fence extend into a public right -of -way.
Intersection Visibility Requirements: General.
1. 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 below)
2. 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 below)
3. No fence, hedge, bush, tree, wall or similar structure shall be erected,
placed or allowed to grow in such a manner as to impede vision between
a height of three feet and eight feet above the established road bed.
Street
50' -�
N.
SECTION 6
El
-5
ro mum. oss,tccrtazs
au a4:o to v u aru�►
E.
t
Vilest
50'
:5 -- t
PT �;e 7
. / I
SAM
t I
Design, Location and Ileight Requirements for Front Yard Fences.
1. No fence other than described in SECTION 1.2a and 1.2b of this Ordinance
shall be permitted within a front yard area.
- 3 -
2. Front yard fences an regulated by thin section rshnl.l bo n minimum of
six (6) inches from the property lines and a minimum of six (6) inches
from a public sidewalk.
3. Decorative front yard fences, as described in SECTION 1.2a, shall be
permitted in front yard areas as described hereafter:
a. Decorative fences can extend along each interior lot line for no
more than 1/3 the length of each front yard interior lot line.
b. Corner sections of decorative fences that are installed at a 900
angle may extend for 10' along an interior lot line and the street
frontage property line.
c. On a corner lot, a corner section of decorative fencing is permitted
and can extend for 10' along each street frontage property line.
d. Decorative fencing at no time can extend along more than 1/3 the
length of the street frontage property line.
e. Decorative fencing not installed around the perimeter of the front
yard area, such as along an entrance walk or driveway, shall not
exceed in total length more than 50 % of the lot frontage.
SECTION 7
Design, Location and Height Requirements of Fences within Residential Districts.
1. Except as provided in SECTION 6, 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 6, 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. These fences shall not exceed a height of six (6) feet
and may be either open or solid. If open, the fence can be erected within
a minimum of six (6) inches of the property lines of the property on which
the fence is constructed. If solid, the fence can not be erected within
five (5) feet of the property lines of the property on which the fence
is constructed.
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 8
Design, Location and Height Requirements of Fences within Business or
Manufacturing Districts.
1. Except as provided in SECTION 6, no fence shall be constructed in a front
yard past the front building line.
- 4 -
• •
2. In the case of corner lots, except as provided in SECTION 6, no fence
shall be erected beyond the building lines of those sides of the building
which face the two streets forming the corner.
3. Open or Solid Fences can be erected in the side and rear yard in back of
the front building line. These Open or Solid Fences can not be less than
six (6) inches from the property line and can not exceed six (6) feet in
height in business districts and eight (8) feet in height in manufacturing
districts.
4. In business and manufacturing districts, fences shall be required to
screen storage areas. Storage areas located in a business or manufacturing
district may be open to the sky but shall be enclosed by a solid fence or
wall including solid doors or gates thereto. In business districts, such
storage yard 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.
SECTION 9
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. Any Public Governmental
Body needs to only petition to the Zoning Administrator for review.
SECTION 10
Natural Fences shall be restricted as Follows.
1. No natural fence shall be planted within, nor shall such natural fence
encrouch upon or extend over any dedicated right -of -way of any street,
sidewalk or alley. Nor should a natural fence encrouch upon a neighboring
property.
2. 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 driveways, as outlined in SECTION 5.
3. Natural fences planted in front yards along interior and front lot lines
shall not exceed 3' in height.
4. There shall be no restriction to natural fence heights in side or rear
yards.
SECTION 11
Variations. Any request for variation to the requirements of this Ordinance
shall be presented before the Zoning Board of Appeals for its recommendation
- 5 -
•
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 of 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 hard-
ship justifying relief from the provisions of this section or if the
variation request is essential in maintaining the character of the property.
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 peti-
tioner.
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 fact
evidencing compliance with the foregoing standards and specifying the
reasons for granting the variation.
SECTION 12
Nonconforming Fences. All fences existing and lawfully constructed under
previous Ordinances, maintained in good repair but not in conformity with
the provisions of this Ordinance shall be deemed nonconforming fences and
may continue to exist but can not be reconstructed, replaced, altered,
enlarged, or extended in any manner except in accordance with the provisions
of this Ordinance.
All fences existing but not lawfully constructed under previous Ordinances
and not in conformity with the provisions of this Ordinance shall be deemed
as in violation of the Ordinance and shall be removed by the property owner
within sixty (60) days.
SECTION 13
In- Consistent Ordinances Repealed. That any in- consistent provision in
existing Ordinances of the Village of Lemont or part of Ordinances in
conflict herewith are hereby repealed.
SECTION 14
Penalties. Any person who violates any provision of this section shall,
upon failure to cure said violation within fourteen (14) days after written
- 6 -
•
• •
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 15
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 of 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 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
, 1987.
4 d /114i
CHARLENE M. SMOLLEN, VILLAGE CLERK
Approved by me this C2; day of
ATTEST:
1987.
IN R. NELSON, VILL GE PRES.DENT
CHARLENE M. SMOLLEN, CLERK