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HomeMy WebLinkAboutOrd 6319 04/18/2017 Amending Chapter 14 "Zoning" of the Village Code of Mount ProspectORDINANCE NO. 6319 AN ORDINANCE AMENDING CHAPTER 14 "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 14.318 "Fences and Walls," of Article III, "General Provisions," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall be removed in its entirety and shall be replaced in its entirety as follows: 14.318: FENCES AND WALLS General Provisions: It shall be unlawful to construct, erect or replace any fence without first obtaining a permit from the community development department. The permit may be granted only if the proposed fence is in compliance with the provisions of this code. For the purposes of this section, freestanding walls shall be considered fences. A. Height And Location: Separation: Where existing drainage patterns would not be adversely impacted, a maximum of two inch (2") separation shall be maintained between the fence and the finished grade to provide for adequate drainage. Fences located across drainage swales shall be a maximum of six inches (6") above finished grade, unless the village engineer requires a larger separation. Fences shall not be permitted in floodway areas as designated on FEMA's flood boundary and floodway map. 2. Sight Triangle: No fence greater than three feet (3') in height shall be placed within a sight triangle so as to obstruct or limit the line of sight for a motorist, cyclist, or pedestrian. 3. Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights of way. 4. Fenceable Area: Under no circumstances shall a fence enclose an area that is less than fifty percent (50%) of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools. 5. Six Foot Fences: Fences up to six feet (6') in height will be permitted as follows: a. Rear And Interior Side Yards: Fences may be installed in the rear and interior side yards, provided any fence is located behind the front line of the principal building structure. If a fence is not located along a property line, then sufficient access must be provided to the area between fence and property line to allow for proper maintenance. b. Exterior Side Yards: Open and solid style fences may be installed in an exterior side yard, provided that the fence is placed behind the front line of the principal building and set back one foot (1') from the property line along the exterior side yard. If the exterior side yard abuts the front yard of an adjacent lot, a one foot (1') setback for an open style fence or a ten foot (10') setback for a solid style fence shall be maintained from the property line along the exterior side yard. 6. Swimming Pool Fences: Fences and gates at least four feet (4'), but not greater than five feet (6), in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet (4') above grade may be placed as follows: a. Along the perimeter of the pool walk areas; or b. Along the perimeter of the lot as described in subsection A5 of this section. 7. Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as follows: a. In industrial and commercial districts when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. b. In residential zoning districts, along rear or side property lines contiguous to railroad rights of way. c. Public swimming pools, along the perimeter of the pool area. 8. Method For Determining Fence Height: Fence height shall be measured vertically from finished grade to the top of the fence. Posts, including caps, used specifically for supporting a fence may exceed the applicable height limit by a maximum of eight inches (8"). The required separation for drainage purposes shall not be counted toward the fence height limitations. 9. Utility Easements: The construction of fences in utility easements is subject to the condition of the easement. 10. Recreational Facilities: Open mesh chainlink fences up to twenty feet (20') in height may be permitted surrounding recreational facilities such as tennis courts, athletic fields, or similar uses subject to the approval of the community development director. B. Construction: 1. Fences may be constructed of wood, chainlink, masonry, aluminum, wrought iron, composite, or similar materials and shall be constructed so that only a smooth finished side faces an abutting lot or road. 2. It shall be unlawful to maintain or construct any fence composed in whole or part of barbed wire or with any similar materials designed to cause injury to person, or any wire charged with electrical current, anywhere within the village except to protect industrial property, in which case, barbed wire must be at least six feet (6') above sidewalk and extend inward of property. 3. Fences used for the purpose of screening outdoor storage, mechanical or utility equipment in commercial and industrial districts shall be of solid style. Fences may be constructed of wood, masonry, or other material subject to approval by the director of community development. All other fences may be open style except where adjacent to residential property, in which case, the fence must be a solid style. 4. Grades at property lines shall not be altered due to fence construction unless a grading plan is submitted to and approved by the community development director. 5. Temporary construction, safety, and silt fencing may be permitted only as part of a construction project for which a current building permit exists. Temporary construction, safety, and silt fencing shall be removed upon completion of the construction project. SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Juracek, Matuszak, Polit, Saccotelli, Zadel NAYS: Hoefert, Rogers ABSENT: None PASSED AND APPROVED this 18`h day of April, 2017 Arlene A. Juracek, Wlage President ATTEST: Karen Agoranos Deputy Village Clerk