Loading...
1988-096o � ORDINANCE NO. 88 -96 AN ORDINANCE AMENDING CHAPTER 15.20 FENCES OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, THAT: SECTION 1: Chapter 15.20 FENCES, of the Buffalo Grove Municipal Code, is hereby amended to read as follows: Section 15.20.010 Compliance to Provisions Required. A. No person, firm or corporation shall erect or cause to be erected any fence, wall or other screening structure unless it is in accordance with the provisions of this chapter. B. The word "fence ", as hereinafter used, shall mean fence, wall or other screening structure. Section 15.20.020 Construction -- Permit -- Requirement. It is unlawful to erect any fence without first having secured a permit. Application for permits shall be made to the building department, and shall specify the intended location, type and size of fence. The intended location of fences shall be shown on a plat of survey submitted with the application. Section 15.20.030 Construction -- Fee -- Designated. The fee for a fence permit shall be twenty dollars ($20.00) for the first one hundred lineal feet and five dollars ($5.00) for each addi- tional one hundred lineal feet or any part thereof. The fee shall be paid at the time of permit issuance. Where work has been started prior to the issuance of a permit, the normal permit fee shall be increased twenty -five dollars ($25.00), but said payment shall not relieve any person from complying with the provisions or being subject to penalties described in this Title. Section 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 five (5) feet above ground level. No fence shall be located nearer to the street than the front line of the build- ing. 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 (3) feet above the street grade within forty -five (45) feet of the intersection of any curblines or street lines projected. B. Fences may be erected, placed and maintained on corner lots to a height not to exceed five (5) feet above ground level. No such fence shall be located nearer to any street than the building setback line. C. Fences may be erected, placed, and maintained around patios to be a height not to exceed six (6) feet above ground level or six (6) 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. Fences may be erected, placed and maintained along a lot line separating residentially zoned property and nonresi- dentially zoned property or major streets and highways (as defined in the Village Transportation Plan) to a height not to exceed six (6) feet. Section 15.20.050 Golf Course Lots. The following restric- tions apply to all lots abutting a golf course: A. No fence is allowed in any rear yard that abuts a golf course. Exceptions: 1. A four (4) foot fence is allowed on the property line if it is to be used in conjunction with a swimming pool requiring such fencing. In such cases a permit for the erection of a four (4) foot fence will be issued along with the swimming pool construction permit. 2. Patio and deck screens are permitted provided they are attached or adjacent to the patio or deck and do not exceed four (4) feet in height. 3. Fencing for dog runs is permitted, provided it is attached and does not extend more than ten (10) feet from the rear of the house, and does not exceed four (4) feet in height. - 2 - E E Section 15.20.060 Nonresidential Districts. The following restrictions apply to non - residential districts. A. Fences may be erected, placed and maintained along a lot line in nonresidential zoning districts. Fences may be erected not to exceed a height of eight (8) feet. B. A six (6) foot solid fence or wall may be erected to enclose and screen refuse collection areas or facilities. Section 15.20.070 Ornamental Fences. The erection of an ornamental fence shall be permitted, provided application for erection of same shall first be made. 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. Section 15.20.080 Projections, Barbed Wire -- Prohibited. A. No fence 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 containing same shall be removed by owner upon receipt of notice by the police or building department. B. It is unlawful to erect any fence that will cross, block or in any way obstruct public sidewalks or any other public ways. C. No fence shall be erected within twelve (12) inches of any public sidewalk or public way. Section 15.20.090 Construction and Appearance. The fin- ished side of all fences shall face the front, rear, side and street lot lines. Section 15.20.100 Abatement of Safetv Hazard, Public Nuisance. Whenever any fence 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. Section 15.20.110 Variance -- Authority to Grant. The Zoning Board of Appeals, by an affirmative vote of four (4) members of the board, may vary and make exceptions to this chapter (except Section 15.20.050) 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. - 3 - 0 0 Section 15.20.120 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. Section 15.20.130 Variance -- Decision -- Appeal. If any property owner(s) notified pursuant to Section 15.20.110 or any other property owner(s) residing within the Village who appeared and objected at the public hearing, including the applicant, has an objection to any action taken by the Board, said property owner(s) may file a written objection petition within fifteen (15) days of final action of the Board with the zoning adminis- trator. The objections shall be set for a hearing before the Corporate Authorities as it shall select, and then ten (10) days written notice shall be given the objector. The Corporate Authorities may approve, overrule or modify the decision of the Board; however, no decision of the Board may be overruled or modified unless it receives a vote of the majority of the Corporate Authorities. Section 15.20.140 Variance - -Golf Course Lots A. The Corporate Authorities, after a Public Hearing is held and a recommendation is made by the Zoning Board of Appeals, may determine and vary the application of Section 15.20.050, if evidence presented demonstrates that the plight of the owner is due to unique circumstances and the proposed variation will not alter the essential character of the neighborhood. B. Conditions and restrictions may be imposed upon the subject property, the location, the construction, design, and use of the property benefited by such a variation as may be necessary or appropriate to comply with the foregoing criteria and to protect adjacent property and property values. Section 15.20.150 Violation -- Penalty. Any person violating the provisions of this chapter shall be punished according to the provisions of Chapter 1.08.010. SECTION 2: Separability. If any provision or application of any provision of this ordinance is held invalid, that invalidity shall not affect any other provisions or applications of this ordinance. - 4 - O O SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. This ordinance may be published in pamphlet form. AYES: 6 - Marienthal Glover Reid Shields Shifrin Mathias NAYES: 0 - None ABSENT: 0 - None PASSED: October 3, 1988 APPROVED: October 3, 1988 PUBLISHED: October 4, 1988 APPROVED: Village Presid6nt ATTEST: Village Clerk - 5 - f VILLAGE OF BUFFALO GROVE ORDINANCE NO. fZ- �� ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GRrF#- THIS DAY OF , 19 Iff Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo rove, Cook y �k Counties, I nois, this < day of 19 Village Clerk By 4�.0 tt, 1 L�- Deputy Clerk ORDINANCE NO. 88-96 AN ORDINANCE AMENDING CHAPTER 15.20 FENCES OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, THAT: SECTION 1: Chapter 15.20 FENCES, of the Buffalo Grove Municipal Code, is hereby amended to read as follows: Section 15.20.010 Compliance to Provisions Required. A. No person, firm or corporation shall erect or cause to be erected any fence, wall or other screening structure unless it is in accordance with the provisions of this chapter. B. The word "fence ", as hereinafter used, shall mean fence, wall or other screening structure. Section 15.20.020 Construction -- Permit -- Requirement. It is unlawful to erect any fence without first having secured a permit. Application for permits shall be made to the building department, and shall specify the intended location, type and size of fence. The intended location of fences shall be shown on a plat of survey submitted with the application. Section 15.20.030 Construction -- Fee -- Designated. The fee for a fence permit shall be twenty dollars ($20.00) for the first one hundred lineal feet and five dollars ($5.00) for each addi- tional one hundred lineal feet or any.part thereof. The fee shall be paid at the time of permit issuance. Where work has been started prior to the issuance of a permit, the normal permit fee shall be increased twenty -five dollars ($25.00), but said payment shall not relieve any person from complying with the provisions or being subject to penalties described in this Title. Section 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 five (5) feet above ground level. No fence shall be located nearer to the street than the front line of the build- ing. 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 (3) feet above the street grade within forty -five (45) feet of the intersection of any curblines or street lines projected. B. Fences may be erected, placed and maintained on corner lots to a height not to exceed five (5) feet above ground level. No such fence shall be located nearer to any street than the building setback line. C. Fences may be erected, placed, and maintained around patios to be a height not to exceed six (6) feet above ground level or six (6) 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. Fences may be erected, placed and maintained along a lot line separating residentially zoned property and nonresi- dentially zoned property or major streets and highways (as defined in the Village Transportation Plan) to a height not to exceed six (6) feet. Section 15.20.050 Golf Course Lots. The following restric- tions apply to all lots abutting a golf course: A. No fence is allowed in any rear yard that abuts a golf course. Exceptions: 1. A four (4) foot fence is allowed on the property , line if it is to be used in conjunction with a swimming pool requiring such fencing. In such cases a permit for the erection of a four (4) foot fence will be issued along with the swimming pool construction permit. 2. Patio and deck screens are permitted provided they are attached or adjacent to the patio or deck and do not exceed four (4) feet in height. 3. Fencing for dog runs is permitted, provided it is attached and does not extend more than ten (10) feet from the rear of the house, and does not exceed four (4) feet in height. - 2 - Section 15.20.060 Nonresidential Districts. The following restrictions apply to non - residential districts. A. Fences may be erected, placed and maintained along a lot line in nonresidential zoning districts. Fences may be erected not to exceed a height of eight (8) feet. B. A six (6) foot solid fence or wall may be erected to enclose and screen refuse collection areas or facilities. Section 15.20.070 ornamental fence shall erection of same shall for construction of an feet in height and mor length. Ornamental Fences. The erection of an be permitted, provided application for first be made. No permit shall be issued ornamental fence greater than three (3) than thirty (30) feet of continuous Section 15.20.080 Projections, Barbed Wire -- Prohibited. A. No fence 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 containing same shall be removed by owner upon receipt of notice by the police or building department. B. It is unlawful to erect any fence that will cross, block or in any way obstruct public sidewalks or any other public ways. C. No fence shall be erected within twelve 02) inches of any public sidewalk or public way. Section 15.20.090 Construction and Appearance. The fin- ished side of all fences shall face the front, rear, side and street lot lines. Section 15.20.100 Abatement of Safety Hazard, Public Nuisance. Whenever any fence 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. Section 15.20.110 Variance -- Authority to Grant. The Zoning Board of Appeals, by an affirmative vote of four (4) members of the board, may vary and make exceptions to this chapter (except Section 15.20.050) 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. IoM x� .'J '1 Section 15.20.120 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. Section 15.20.130 Variance -- Decision -- Appeal. If any property owner(s) notified pursuant to Section 15.20.110 or any other property owner(s) residing within the Village who appeared and objected at the public hearing, including the applicant, has an objection to any action taken by the Board, said property owner(s) may file a written objection petition within fifteen (15) days of final action of the Board with the zoning adminis- trator. The objections shall be set for a hearing before the Corporate Authorities as it shall select, and then _ten (10) days written notice shall be given the objector. The Corporate Authorities may approve, overrule or modify the decision of the Board; however, no decision of the Board may be overruled or modified unless it receives a vote of the majority of the Corporate Authorities. Section 15.20.140 Variance - -Golf Course Lots A. The Corporate Authorities, after a Public Hearing is held and a recommendation is made by the Zoning Board of Appeals, may determine and vary the application of Section 15.20.050, if evidence presented demonstrates that the plight of the owner is due to unique circumstances and the proposed variation will not alter the essential character of the neighborhood. B. Conditions and restrictions may be imposed upon the subject property, the location, the construction, design, and use of the property benefited by such a variation as may be necessary or appropriate to comply with the foregoing criteria and to protect adjacent property and property values. Section 15.20.150 Violation -- Penalty. Any person violating the provisions of this chapter shall be punished according to the provisions of Chapter 1.08.010. SECTION 2: Separability. If any provision or application of any provision of this ordinance is held invalid, that invalidity shall not affect any other provisions or applications of this ordinance. - 4 - 460 .. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. This ordinance may be published in pamphlet form. AYES: 6 - Marienthal, Glover,Reid Shields Shifrin Mathias NAYES: 0 - None ABSENT: 0 - None PASSED: October 3_ 1988 APPROVED: October 3_, 1988 PUBLISHED: October 4, 1988 ATTEST: V111age Clerk APPROVED• Village President - 5 -