O-670-90 08/27/90•
VILLAGE OF LEMONT
ORDINANCE NO. 67o
AN ORDINANCE AMENDING
SECTION V -H -10 - FENCES, OPEN AND V -H -11 - FENCES, SOLID
OF THE LEMONT ZONING ORDINANCE #426 AND #557
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 7 day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook County, Illinois,
this J day of 1990.
1990.
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AN ORDINANCE AMENDING
SECTION V -H -10 - FENCES, OPEN AND V -H -11 - FENCES, SOLID
OF THE LEMONT ZONING ORDINANCE #426 AND #557
BE IT ORDAINED by the President and Board of Trustees of the Village of
Lemont that Ordinance Nos. 426 and 557 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.
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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 25 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 75 percent coverage of the
fence surface area to conceal the view of adjoining properties, streets,
or alleys.
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SECTION 2
Prohibited Fences. No fence shall be built, installed, erected, reconstructed,
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 with in 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 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, (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.
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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 three
(3) 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 three (3) inches off the front property line
or a minimum of six (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.
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1
50' Street
11:-••■•■••5 0' ••■■■•110:
Tom_ —"t
:;� Property
174 Line
d
Same
Restrictions
3'
I
A
No Visual Obstructions
Allowed in This Area
Street
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SECTION 6
Design, Location and Height 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.
2. Front yard fences as regulated by this section shall be a 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 90 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 three
(3) inches of the property lines of the property on which the fence is
constructed. If solid, the fence cannot be erected within five (5) feet of the
property line of the property on which the fence is constructed.
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a. Fencing commonly referred to as Board on Board or Shadow Box
fencing, (which are constructed with staggered boards on both sides
of rails, spaced slightly less than the width of the boards themselves)
can also be constructed 3" from the side and rear property lines
provided all other sections of the ordinance is adhered to (see
illustration).
4. On property that abuts an alley (public right -of -way) solid fencing shall be
permitted three (3) inches from the lot line that is adjacent to the alley. On
a corner, said fencing cannot extend beyond the building lines of those sides
of the building which face the two streets forming the corner.
5. On a lot abutting a commercial or manufacturing lot, solid fencing can be
installed three (3) inches from the property line of the side lot line that abuts
said lots, but not to extend beyond the front building line.
6. 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 and 10, 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 and 10, 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 cannot be less than 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
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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
encroach upon or extend over any dedicated right -of -way of any street,
sidewalk or alley. Nor should a natural fence encroach 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 outlines 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 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.
2. The variation will be in harmony with the general purpose and intent of this
Ordinance.
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3. The variation will not set any unfavorable precedent either to the locality or
• to the Village as a whole.
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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 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 cannot 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 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 or any
character be lost, impaired or affected by this Ordinance.
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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
RICHARD A. KWASNESKI
KENNETH S. BROMBEREK
BARBARA BUSCHMAN
WILLIAM MARGALUS
CHARLES SKOPEC
BERT ERCOLI
1990.
AYES NAYS PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
Approved by me this % day o
1990.
CHARLENE SMOLLEN, Village Clerk
B: \ORDINANCE \FENCES.AMD
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LEY, Villa ' Pre dent
Be good to your neighbor and
good to yourself. The look of board on
board is the same on either side of the fence.
A board on board installation will increase both your
privacy and your security without that "closed in" feeling.
A board on board fence has boards on both sides, spaced
slightly less than the width of the boards themselves, allowing
some light and air to pass through. This is an ideal product for a confined area or
if excessive wind loading is a problem.
The boards are attached to 2" x 4" backrails with galvanized nails to guarantee long life. The 4"
x 4" posts are NiMinalliallownimprimset in concrete.
A quality board on board fence creates the feeling of an "outdoor living room," and provides an
even greater enjoyment of your yard. This
newly created privacy allows you to relax and
take a break from the world around you.
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