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2011-0245/6/2011 ORDINANCE NO. 2011-24 AN ORDINANCE AMENDING CHAPTER 15.20, FENCE CODE, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS AND PURSUANT TO ITS HOME RULE AUTHORITY: Section 1. Section 15.20.040 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 15.20.040 - Residential districts. The following restrictions apply in residential districts: A. Fences may be erected, placed and maintained to a height not to exceed six feet above ground level. No fence shall be located nearer to the street than the front line of the building. It shall be permissible to erect a fence on a lot up to the lot line at the rear of a lot where the front and rear of the lot are both on a street. No fence may be erected to a height exceeding three feet above the street grade within forty -five feet of the intersection of any curb -lines or street lines projected. B. Fences may be erected, placed and maintained on corner lots to a height not to exceed six feet above ground level. No such fence shall be located nearer to any street than the building setback line. C. Either solid or opaque fences may be erected, placed and maintained around patios to be a height not to exceed six feet above ground level or six feet above a wood deck. No such screening structure shall be located nearer to any interior lot line than permitted for the main building. D. Either solid or opaque fences, to a height not to exceed six feet, may be erected, placed and maintained along a shared lot line between residentially zoned property and: 1. Nonresidentially zoned property; 2. Major streets and highways (as defined in the Village Transportation Plan); or A railroad right -of -way. Section 2. Section 15.20.090 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 15.20.090 - Construction and appearance. Page 1 of 2 A. The finished side of all fences shall face the front, rear, side and street lot lines. B. Fence posts, including decorative fence post caps, shall not extend above the height of the fence by more than eight inches. C. Fencing material that is over five feet in height shall be of a design that is open so as to allow visibility perpendicular or tangentially through the fence when moving along a plane parallel to the fence, including but not by way of limitation, board on board fencing; shadow box fencing; picket fencing or any other style of fencing that allows open visibility through the fencing material. D. Fence posts for fences over five feet in height shall extend 42 inches below grade, or be secured to a pier which extends 42 inches below grade. E. Existing fences as of May 16, 2011 that exceed five feet in material height and were legally installed by variance, or exist as a legal non - conforming fence, shall be allowed to undergo normal maintenance and repair. If said existing fence is relocated or over fifty percent of the fence is replaced, the fence shall comply with Subsection C of this Section. Section 3. If any section, paragraph, clause or provision of this ordinance shall be invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 — Berman, Sussman, Terson, Stein, Ottenheimer NAYS: 1 — Trilling_ ABSENT: 0 — None PASSED: 0 — None APPROVED: May 16, 2011 ATTEST: Village Clerk Page 2 of 2 I. STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on May 16, 2011, the Corporate Authorities of the Village passed and approved Ordinance No. 2011 -24, AN ORDINANCE AMENDING CHAPTER 15.20 FENCE CODE OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CIDEK VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on May 17, 2011 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 17th day of May, 2011. Village , erk By 5/6/2011 ORDINANCE NO. 2011-24 AN ORDINANCE AMENDING CHAPTER 15.20, FENCE CODE, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS AND PURSUANT TO ITS HOME RULE AUTHORITY: Section 1. Section 15.20.040 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 15.20.040 - Residential districts. The following restrictions apply in residential districts: A. Fences may be erected, placed and maintained to a height not to exceed six feet above ground level. No fence shall be located nearer to the street than the front line of the building. It shall be permissible to erect a fence on a lot up to the lot line at the rear of a lot where the front and rear of the lot are both on a street. No fence may be erected to a height exceeding three feet above the street grade within forty -five feet of the intersection of any curb -lines or street lines projected. B. Fences may be erected, placed and maintained on corner lots to a height not to exceed six feet above ground level. No such fence shall be located nearer to any street than the building setback line. C. Either solid or opaque fences may be erected, placed and maintained around patios to be a height not to exceed six feet above ground level or six feet above a wood deck. No such screening structure shall be located nearer to any interior lot line than permitted for the main building. D. Either solid or opaque fences, to a height not to exceed six feet, may be erected, placed and maintained along a shared lot line between residentially zoned property and: 1. Nonresidentially zoned property; 2. Major streets and highways (as defined in the Village Transportation Plan); or 3. A railroad right -of -way. Section 2. Section 15.20.090 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 15.20.090 - Construction and appearance. Page 1 of 2 A. The finished side of all fences shall face the front, rear, side and street lot lines. B. Fence posts, including decorative fence post caps, shall not extend above the height of the fence by more than eight inches. C. Fencing material that is over five feet in height shall be of a design that is open so as to allow visibility perpendicular or tangentially through the fence when moving along a plane parallel to the fence, including but not by way of limitation, board on board fencing; shadow box fencing; picket fencing or any other style of fencing that allows open visibility through the fencing material. D. Fence posts for fences over five feet in height shall extend 42 inches below grade, or be secured to a pier which extends 42 inches below grade. E. Existing fences as of May 16, 2011 that exceed five feet in material height and were legally installed by variance, or exist as a legal non - conforming fence, shall be allowed to undergo normal maintenance and repair. If said existing fence is relocated or over fifty percent of the fence is replaced, the fence shall comply with Subsection C of this Section. Section 3. If any section, paragraph, clause or provision of this ordinance shall be invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 — Berman Sussman Terson, Stein, Ottenheimer NAYS: 1 — Trilling_ ABSENT: 0 — None PASSED: 0 — None APPROVED: May 16, 2011 ATTEST: Village Clerk Page 2 of 2 Village President