1979-049ORDINANCE NO. 79 -49
AN ORDINANCE AMENDING CHAPTER 15.36 OF THE
BUFFALO GROVE MUNICIPAL CODE (Fences)
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
SECTION 1. Chapter 15.36 of the Buffalo Grove Municipal Code is hereby
amended to read as follows:
CHAPTER 15.36
Fences
15.36.010 — Compliance to provisions required. No person, firm or
corporation shall erect or cause to be erected any fence, wall or other
screening structure unless it shall be in accordance with the provisions
of this chapter.
15.36.020 - Construction - Permit - Requirement. It is unlawful to
erect any fence or other screening structure without first having secured
a permit therefor. Application for permits shall be made to the Building
Department, and shall specify the intended location, character and size of
such fence or structure. The intended location of fences, walls or other
screening structures shall be shown on a plat of survey submitted with the
application.
15.36.030 - Construction - Fee - Designated. The fee for such fence
permit shall be ten dollars ($10.00) for the first one hundred (100)
lineal feet and two dollars and fifty cents ($2.50) for each additional
one hundred (100) lineal feet or any part thereof. The fee shall be paid
at the time of making the application.
15.36.040 - Construction - Location, height and restrictions in
Residential Districts.
A. Fences or walls, or other screening structures, may be erected,
placed and maintained along a lot line on residentially zoned property or
adjacent thereto to a height not exceeding five (5) feet above ground level,
except that no such fence or wall or structure shall be located nearer to
the street than the front line of the building, provided, however, it shall
be permissible to erect a fence up to the lot line at the rear of a lot
0
-2-
0
where the front and rear of the lot are both on a public street. Provided
further that no fence, wall or other screening structure may be erected to
a height exceeding three (3) feet above the street grade nearest thereto
within forty -five (45) feet of the intersection of any curb lines or of
street lines projected.
B. Notwithstanding the provisions of Section A hereof, fences, walls
or other screening structures may be erected, placed and maintained on
corner lots of residentially zoned property to a height not exceeding five
(5) feet above ground level except that no such fence or wall shall be located
nearer to any street than the building setback line. Provided, however, it
shall be permissible to erect a fence up to the lot line at the rear of a
lot where the front and rear of lot are both on a public street. In such
case, the height shall not exceed three (3) feet above street grade within
forty -five (45) feet of any intersection of any curb lines or of street lines
projected.
C. Notwithstanding the provisions of Section A and B hereof, fences,
walls or other private screening structures may be erected, placed, and
maintained around patios to be a height not exceeding six (6) feet above
ground level except no such screening structure shall be located nearer to
any interior lot line than that permitted for the main building.
15.36.050 - Height restrictions - Residential Districts - Exception.
Notwithstanding the provisions of Sections 15.36.010 through 15.36.030,
fences, walls or other screening structures may be erected, placed and
maintained along a lot line separating residentially zoned property and
nonresidentially zoned property or highways and freeways to a height of
six (6) feet; provided, however, permit application and fee therefor
shall be made in accordance with Sections 15.36.020 and 15.36.030.
15.36.060 - Construction - Location, height restrictions in Business
Districts.
A. Fences, walls, or other screening structures, may be erected,
placed and maintained along a lot line in nonresidential zoning districts.
Fences located in said Zoning Districts may be erected not to exceed a height
of eight (8) feet. However, permit application and fee therefore shall be
made in accordance with Sections 15.36.020 and 15.36.030.
7ij
- 3 -
•
B. A six (6) foot solid fence or wall may be erected to enclose and
screen refuse collection areas or facilities.
C. When a business use adjoins a residential district, a fence to a
height of eight (8) feet above grade level may be erected along any lot
line that adjoins the residential district provided, however, permit
application and fee therefore shall be made to the Building Department
in accordance with Sections 15.36.020 and 15.36.030.
15.36.070
- Ornamental
- Permit - Fees.
Notwithstanding any of
the
provisions of
this chapter,
the erection of an
ornamental fence shall
be
permitted, provided application for erection of same shall first be made
to the Building Department. Said application shall contain a sketch of
location on lot, size, design and material to be used. No permit shall
be issued for construction of an ornamental fence greater than three (3)
feet in height and more than thirty (30) feet of continuous length. The fee
for such permit shall be ten dollars ($10.00) for the first one hundred
(100) lineal feet and two dollars and fifty cents ($2.50) for each
additional one hundred (100) lineal feet or fraction thereof. The fee
is to be paid at the time of making application.
15.36.080 - Projections, barbed wire - Prohibited.
A. No fence, railing or wall shall be permitted to have any projections,
including, but not limited to any spike, nail, or pointed instrument,
barbed wire or other sharp projection. Any fence, railing or wall containing
same shall be removed by owner upon receipt of notice by the police or
building department.
B. It shall be unlawful to erect any fence, wall or other screening
structure that will cross, block or in any way obstruct public sidewalks
or any other public ways.
C. No fence, wall or other screening structure shall be erected with-
in twelve (12) inches of any public sidewalk, or public ways.
15.36.090 - Construction and Appearance. The finished side of all fences
shall face the front, rear, side and street lot lines.
15.36.100 - Abatement of safety hazard, public nuisance. Whenever
any fence, wall or screening structure is a safety hazard or public
nuisance, the owner of the property shall be notified in writing by
the building department, and shall remove same within five (5) days from
receipt of such notice.
L7�=
- 4 -
•
15.36.110 — Variance - Authority to grant. The Zoning Board of Appeals
may vary and make exceptions to this chapter where there is sufficient
evidence that the presence or absence of a particular type of fence
or screening would not be detrimental to the public health, safety and
welfare. Application for such variations shall first be submitted in
writing to the Zoning Board of Appeals.
15.36.120 - Variance - Public hearing. The Zoning Board of Appeals
shall hold a public hearing on such application upon publication of notice
in a newspaper of general circulation and posting of said notice on the
subject property. Such notices shall be published and posted not less
than fifteen (15) days nor more than thirty (30) days prior to the hearing.
In addition to said publication and posting, a written notice shall be
given to each contiguous property owner within the same time limitation.
The applicant shall furnish the board with contiguous names and addresses.
15.36.130 - Variance - Decision - Appeal. The ruling of the Board
of Appeals shall be final; provided, however, in the event the same is
adverse to the applicant, he may appeal to the President and Board of
Trustees. Said appeal shall be in writing and filed with the Village
Clerk within fifteen (15) days from the applicant's receipt of notice
of the ruling. The Board of Appeals shall send a copy of its findings
and ruling to the Village Clerk within ten (10) days after the ruling
is made. The President and Board of Trustees shall then place the matter
on the agenda at any regular meeting held within sixty (60) days after
receipt of notice of appeal. The Board may hear evidence or decide the
matter on the findings of the Board of Appeals.
15.36.140 Variance - 'Appeal - Authority. The President and Board
of Trustees may affirm a ruling of the Board of Appeals, in whole or in
part, or may reverse same and grant the relief as prayed in the application.
15.36.150 — Violation - Penalty. Any person violating the provisions
of this chapter shall be punished according to the provisions of Section
1.08.010.
0 •
SECTION 2. This ordinance shall be in full force and effect from
and after its passage, approval and publication according to law.
7
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT:—] - Gerschefske
PASSED: November 5 1979.
APPROVED: November 5 1979.
PUBLISHED: , 1979.
ATTEST:
LLAGE CLERK
APPROVED:
PRESIDENT
I
VILLACE OF BUFFALO GROVE
ORDIINANCE No.
ADOPTED BY '-P[-I,E
AND BOARD S I D Er f.
0 OF T
THIS F BUFFALO GROVE 1-7-111LACE-t
DAY Op LZ
s 1, in
Of the P-,esi form b,
the Villag d BOaj"d of
e Of Buffal
COullties, , -L 0 Grove
Ols, this
197
�
authority
Trustees of
koo-",- and La
day of
qQ�il-11-la—ge —Cle,�Jk,
,97
ORDINANCE NO. 79 -49
AN ORDINANCE AMENDING CHAPTER 15.36 OF THE
BUFFALO GROVE MUNICIPAL: CODE (Fences)
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
SECTION 1. Chapter 15.36 of the Buffalo Grove Municipal- Code is hereby
amended.to read as follows:
CHAPTER 15.36
Fences
15.36.010 - Compliance to provisions required. No person, firm or
corporation shall erect or cause to be erected any fence, wall or other
screening structure unless it shall be in accordance with the provisions
of this chapter.
15.36.020 - Construction - Permit - Requirement. It is unlawful to
erect any fence or other screening structure without first having secured
a permit therefor. Application for permits shall be made to the Building
Department, and 'shall-specify the intended location, character and size of
such fence or structure. The intended location of fences, walls or other
screening structures shall be shown on a plat of survey submitted with the
application.
1.5.36.030 - Construction - Fee - Designated. The fee for such fence
permit shall be ten dollars ($10.00) for the first one hundred (100)
lineal feet and two dollars and fifty cents ($2.50) for each additional
one hundred (100) lineal feet or any part thereof. The fee -shall be paid
at the time of making the application.-
15.36.040 - Construction - Location, height-and restrictions in
Residential Districts.
A: Fences or walls, or other screening structures, may be erected,
placed and.maintained along a lot line on residentially zoned property or
adjacent thereto to a height not exceeding five (5) feet above ground level,
except that no such fence or wall or structure shall be located nearer to
the street than the frotm' line of the building, provided, however, it shall
be permissible to erect a fence up to the lot line at the rear of a lot
i t
-2-
where the front and rear of the lot are both on a public street. Provided
further that no fence, wall or other screening structure may be erected to
a height exceeding three (3) feet above.the street grade nearest thereto
within forty -five (45) feet of the intersection of any curb lines or of
street lines projected.
B. Notwithstanding the provisions of Section A hereof, fences, walls
or other screening structures may be erected, placed and maintained on
corner lots of residentially zoned property to a height not exceeding five
(5) feet above ground level except that no such fence or wall shall be located
nearer to any street than the building setback line. Provided, however, it
shall be permissible to erect a fence up to the lot line at the rear of a
lot where the front and rear of lot are both do a public street. in such
case, the height shall not exceed three (3) feet above street grade within
forty-five (45) feet of any intersection of any curb lines or of street lines
projected.
C. Notwithstanding the provisions of Section A and B hereof, fences,
walls or other private screening structures may be erected, placed, and
maintained around patios to be 'a height not exceeding six (6) feet above
ground level except'no such screening structure shall be located nearer to
any interior Tot line than that permitted'for the main building.
15.36.050 - Height restrictions - Residential Districts — Exception.
Notwithstanding the provisions of Sections 15.36.010 through 15.36.030,
fences, walls or other screening structures may be erected, placed and
maintained along a lot line separating residentially zoned property and
nonresidentially zoned property or highways and freeways to a height of
six (6) feet; provided, however, permit application and fee therefor
shall be made in accordance with Sections 15.36.020 and 15.36.030.
15.36.060 - Construction - Location, height restrictions in Business
Districts.
A. Fences, walls, or other screening structures, may be erected,
placed and maintained along a lot line in nonresidential zoning districts.
Fences located in said Zoning Districts may be erected not-to exceed a height
of eight (8) feet. However, permit application and fee therefore shall be
made in accordance with Sections 15.36.020 and 15.36.030.
B. A six (6) foot solid fence or wall may be erected to enclose and
screen refuse collection areas or facilities.
C. When a business use adjoins a residential district, a fence to a
height of eight (8) feet above grade level may be erected along any lot
line that adjoins the residential district provided, however, permit
application and fee therefore shall be made to the Building Department
in accordance with Sections 15.36.020 and 15.36.030.
15.36.070 Ornamental - Permit Fees. Notwithstanding any of the
provisions of this chapter, the erection of an ornamental fence shall be
permitted, provided application for erection of same shall first be made
to the Building Department. Said application shall contain a sketch of
location on lot, size, design and material to be used. No permit shall
be issued for construction of an ornamental fence greater than three (3)
feet in height and more than thirty (30) feet of continuous length. The fee
for such permit shall be ten dollars ($10.00) for the first one hundred
(100) lineal feet and two dollars and fifty cents ($2.50) for each
additional one hundred (100) lineal feet or fraction thereof. The fee
is to be paid at the time of making application.
15.36.080 - Projections, barbed wire — Prohibited.
A. No fence, railing or wall shall be permitted to have any projections,
including, but not limited to any spike, nail, or pointed instrument,
barbed wire or other sharp projection. Any fence, railing or wall containing
same shall be removed by owner upon receipt of notice by the police or
building department.
B. It shall be unlawful to erect any fence, wall or other screening
structure that will cross, block or in any way obstruct public sidewalks
or any other public ways.
C. No fence, wall or other screening structure shall be erected with-
in twelve (12) inches of any public sidewalk, or public ways.
15.36.090 - Construction and Appearance. The finished side of all fences
shall face the front, rear, side and street lot lines.
15.36.100 — Abatement of safety hazard, public nuisance. Whenever
any fence, wall or screening structure is a safety hazard or public
nuisance, the owner of the property shall be notified in writing by
the building department, and shall remove same within five (5) days from
receipt of such notice.
.T 4
15.36.110 - Variance - Authority to grant. The Zoning Board of Appeals
may vary and make exceptions to this chapter where there.is sufficient
evidence that the presence or absence of a particular type of fence
or screening would not be detrimental to the public health, safety and
welfare. Application for such variations shall first be submitted in
writing to the Zoning Board of Appeals.
15.36.120 - Variance - Public hearing. The Zoning Board of Appeals
shall hold a public hearing on such application upon publication of notice
in a newspaper of general circulation and posting of said notice on the
subject property. Such notices shall be published and posted not less
than fifteen (15) days nor more than thirty (30) days prior to the hearing.
In addition to said publication and posting, a written notice shall be
given to each contiguous property owner within the same time limitation.
The applicant shall furnish the board with contiguous names and addresses.
15.36.130 - Variance - Decision -_Appeal. The ruling of the Board
of Appeals shall be final; provided, however, in the event the same is
adverse to the applicant, he may appeal to the President and Board of
Trustees. Said appeal shall be in writing and filed with the Village
Clerk within fifteen (15) days from the applicant's receipt of notice
of the ruling. The Board of Appeals shall send a copy of its findings
and ruling to the Village Clerk within ten (10) days after -the ruling
is made. The President and Board of,Trustees shall then place the matter
on the agenda at any regular meeting held within sixty (60) days after
receipt of notice of appeal. The Board may hear evidence or decide the
matter on the findings of the Board of Appeals.
15.36.140 - Variance - Appeal - Authority. The President and Board
of Trustees may affirm a ruling of the Board of Appeals, in whole or in
part, or may reverse same and grant the relief as prayed in the application.
15.36.150 Violation - Penalty. Any person violating the provisions
of this chapter shall be punished according to the provisions of Section
1.08.010.
a s •
SECTION 2. This ordinance shall be in full force and effect from
and after its passage, approval and publication according to law.
AYES: 5 Marienthal, Stone O'Reilly, Hartstein, Kavitt
NAYES: O - None
ABSENT: .l - Gerschefske
PASSED: November 5 1979.
APPROVED: November 5 1979.
PUBLISHED: L Xd") - � 1979.
ATTEST:
✓ ),
TILLAGE CLERK
APPROVED:
PRESIDENT