HomeMy WebLinkAboutOrd 4866 06/17/1997 ORDINANCE NO. 4866
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE VILLAGE CODE AS IT RELATES TO FENCES
Passed and approved by
the President and Board of Trustees
the 17th dayof June , 1997
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
17th day of June ,1997.
DU/caf
6/9/97
ORDINANCE NO. 4866
AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF
THE VILLAGE CODE AS IT RELATES TO FENCES
WHEREAS, the Village of Mount Prospect, through its administration, (hereinafter referred
to as "Petitioner"), has filed an application for text amendments to specified Sections of
Chapter 14 entitled "Zoning Ordinance"; and
WHEREAS, Petitioner proposes amendments to Section 14.304 entitled "Bulk
Regulations" paragraph D entitled Regulations for Fences and Walls and Section 14.2401
entitled "Definition"; and
WHEREAS, a public hearing was held on the request for text amendments to Chapter 14
(Zoning), being the subject of ZBA 13-97 before the Zoning Board of Appeals of the Village
of Mount Prospect on the 22nd day of May, 1997, pursuant to due and proper notice
having been published in the Mount Prospect Journal on May 7, 1997; and
WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendations
to the President and Board of Trustees in support of the request to amend the regulations
governing fences being the subject of ZBA 13-97; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have
given consideration to the request herein and have determined that it would be in the best
interest of the Village to grant the requests, as modified, being the subject of ZBA 13-97.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the recitals set forth hereinabove are incorporated as findings of
fact by the President and Board of Trustees of the Village of Mount Prospect.
SECTION TWO: That subsection D entitled "Regulations for Fences and Walls" of
Section 14.302 (Bulk Regulations) of Chapter 14 (Zoning) of the Village Code, as
amended, is hereby further amended in its entirety; so that hereafter said Section 14.304.D
shall be and read as follows:
"D. Regulations for Fences and Walls
1. Height and Location
a. A 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 six inches (6") above grade. Fences
shall not be permitted in floodway areas as designated on FEMA's
flood boundary and floodway map.
b. No fence shall be placed, within the sight triangle so as to obstruct or
limit the line of sight for a motorist, cyclist, or pedestrian. The
maximum height of a fence located within a site triangle shall be three
feet (3').
c. All fences shall be entirely on private property. Fences may not
encroach on adjoining lots or public rights-of-way.
d. No more than one (1) fence shall be allowed along a lot line on a
zoning lot.
e. Fences up to five feet (5') in height will be permitted as follows, and
as shown on the Exhibit 14.304. D.l.e at the end of the Chapter:
(1) Along the interior lot lines, behind the front line of the principal
building.
(2) On corner lots, placed entirely behind the principal building
and one foot (1') setback from property line along exterior side
yards.
f. Fences and gates at least four feet six inches (4'6"), but not greater
than five feet (5') in height to completely surround swimming pools
other than swimming pools having a raised deck at least four feet six
inches (4'6") above grade and may be placed as follows:
(1) Along the perimeter of the pool walk areas; or
(2) Along the perimeter of the lot as described in subsection
D. 1 (a) above.
g. Fences and gates at least six feet (6') in height will be permitted as
follows, and as shown on the Exhibit at the end of the Chapter:
(1) When placed within the permitted buildable area of a
residential property, an area fence no longer than eighteen
feet (18') in length provided that it is located within the rear
yard.
(2) When placed along the rear or exterior side lot line when such
rear or exterior side lot line abuts an arterial road as defined
by the Comprehensive Plan of the Village and provided that a
one foot (1') setback is maintained from the rear or exterior
side lot line abutting the arterial road right-of-way.
(3) When placed between adjacent residential uses and non-
residential uses along side or rear lot lines.
h. Fences up to eight feet (8') in height will be permitted as follows:
(1) In industrial and commercial districts when used for the
purpose of screening accessory building material, equipment
or vehicle storage yard uses.
I. The construction of fences in utility easements are subject to the
condition of the easement.
2. Construction.
a. Wood and chain link fences shall be constructed so that the side
facing an abutting lot is smooth finished. Fence support posts may
only be exposed when placed along exterior lot lines abutting arterial
streets.
b. It shall be unlawful to construct or maintain anywhere within the
Village a fence equipped or having barbed wire, spikes or any similar
device, or any electric charge sufficient to cause shock, except
barbed wire used for maximum security approved by the Board of
Trustees. Chain link fence shall be erected so that the barbs are on
the bottom.
c. Fences surrounding swimming pools must meet the provisions of
Section 21.908 "Fences~, in Article IX "Private Swimming Pools", as
stated in the Building Code.
d. Fences used for the purpose of screening in commercial and
industrial districts shall be of wood basket weave, alternate board, or
board-on-board construction.
e. Fences used for security purposes may be constructed of chain link
material except where adjacent to property used for residential use,
in which case, the fence must be of solid wood construction.
f. In districts other than single-family residence zoning districts, the
Village shall require that fence areas be landscaped with Iow height
plantings or other material to be approved by the Director of
Community Development.
g. Grades at property lines shall not be altered due to fence construction
unless a grading plan is submitted to and approved by the Director of
Community Development."
SECTION THREE: That Section 14.2401 entitled "Definitions" of Chapter 14 (Zoning),
of the Village Code of Mount Prospect, as amended, is hereby further amended to add the
following definitions; so that hereafter said Section 14.2401 shall include the following:
"FENCE. A freestanding structure resting on or partially buried in the
ground and rising above the ground level, forming a barrier
which is not otherwise a part of any building or other structure
and is used to delineate a boundary or as a means of
confinement or privacy.
FENCE, AREA. A fence located immediately adjacent to a permitted patio,
deck or similar accessory structure.
FENCE, PERIMETER. A fence located on or within six (6") inches of a property line.
HEIGHT, BUILDING. The vertical distance, measured in feet, from the base grade
to the average height of a fiat, mansard or gambrel roof or the
mid-point of a hip or gable roof.
HEIGHT, FENCE. The vertical distance as measured from mean grade level to
the highest point of the fence, excluding the required drainage
separation area as further defined in this chapter.
SITE TRIANGLE. A triangular area at the intersection of two (2) streets or a
street and a driveway which establishes the minimum safe line
of sight for a motorist, cyclist, or pedestrian. For the purposes
of this chapter, such a triangle shall have legs of twenty five
feet (25') along the rights-of-way line when two (2) streets
intersect and ten feet (10') along the right-of-way line and the
driveway edge when a street and a driveway intersect."
SECTION FOUR: That this Ordinance shall be in full force and effect from and after its
passage and approval in pamphlet form in the manner provided by law.
AYES: Clowes, Hoefert, Lohrstoder, Nocchi, Wilks
NAYS: None
ABSENT: None
PASSED and APPROVED this 17th day of June, 1997.
ATTEST:
Carol A. Fields, Village Clerk
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