A.   In their interpretation and application the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

   B.   This chapter is intended to govern the erection, enlargement, reconstruction, movement, or altering of fences and screens, as hereinafter defined.

   C.   This chapter is not intended to modify or abrogate any easement, covenant, homeowners' association regulations or other private agreement setting forth fence or screen regulations provided that where the regulations of this chapter are more restrictive, or impose higher standards or requirements than such easements, covenants, homeowners' association regulations or other private agreements, the requirements of this chapter shall govern. A permit application submittal will not be reviewed for compliance without prior written approval from a homeowners' association where regulations exist for specific fence and/or screen installation.

   D.   The building commissioner is authorized to prepare guidance documents as necessary to facilitate the enforcement of requirements as set forth herein. (Ord. 2011-38, 11-14-2011)

Any appeal from any decision by the building commissioner or other authorized representative hereunder, and any application for a variation, shall be made pursuant to the applicable provisions of chapter 3, article A of this title. (Ord. 2011-38, 11-14-2011)

ARTERIAL ROAD, MAJOR: For determining fence height limitations as indicated within these regulations, major arterial roads are as follows: Army Trail Road, Bloomingdale Road, Gary Avenue, Glen Ellyn Road, Lake Street, Schick Road and Springfield Drive.

ENTRY STRUCTURE: A partial fence or decorative wall, column(s), posts at the frontage or entry point of a lot from the adjacent street, roadway or sidewalk designating a point of entry at each side of a driveway or walkway leading to the main building on a lot. Entry structures may also include a gate or gates that provide a movable barrier across a driveway or walkway.

FENCE: A structure forming a boundary or barrier at final grade level, between lots, between lots and a street, alley or roadway, or between portions of a lot or lots, including, but not limited to, those used for screening, confinement, protection, privacy or delineation.

FENCE, CHAINLINK/CYCLONE: A fence made of metal wire twisted together to form a pattern. This type of fencing shall be required to have a green, brown or black color protective finish or coating factory applied by the manufacturer. Slats shall not be permitted. Approval shall be at the discretion of the building commissioner.

FENCE, OPEN: A fence, including gates, which has over its entirety seventy percent (70%) of the surface area in open space as viewed from an angle of ninety degrees (90°) from the fence line.

FENCE, SNOW: A fence used to control or prevent the drifting of snow, causing the drifting to occur at the boundary created by the fence rather than randomly. Such fencing may consist of wood stripping connected by metal wire, or heavy type perforated flexible plastic, attached to temporary stakes at appropriate intervals to adequately support the temporary fencing.

FENCE, SOLID: A fence, including gates, which conceals from view from adjoining properties, streets or alleys, activities conducted behind it.

FENCE, SPLIT RAIL: A fence comprised of horizontal rails between support posts.

FENCE/WALL: A structure, requiring a continuous structural foundation for support, made of material similar or compatible to the main building on a lot.

LOT, CORNER: A lot situated at the junction of, abutting on, or facing two (2) intersecting streets or roadways; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°) or less. Lot lines fronting, abutting or facing the streets shall be considered to be front lines. See section 11-19-16, illustration (B) of this chapter.

LOT, CORNER REVERSED: A lot the same as a corner lot except that its front lot line with the greatest dimension is substantially a continuation of the front lot lines of the interior lots to its rear, and its rear lot line adjoins or abuts the side lot line of the lot to its rear. Lot lines abutting, fronting or facing a street or roadway shall be considered to be front lot lines. See section 11-19-16, illustration (G) of this chapter.

LOT, CORNER THROUGH: A lot which has a pair of opposite lot lines along two (2) more or less parallel streets or roadways and has another lot line fronting or facing another street or roadway and has its side lot line adjoining or contiguous to another lot or lots. On a corner through lot, all lot lines parallel to, fronting or facing any street or roadway shall be considered as front lot lines. See section 11-19-16, illustration (D) of this chapter.

LOT, INTERIOR: Any lot, other than a corner lot, having a lot line fronting or facing only one street. See section 11-19-16, illustration (A) of this chapter.

LOT, INTERIOR THROUGH: A lot which has a pair of opposite lot lines along two (2) more or less parallel streets or roadways and which is not a corner lot. On an interior lot, both lot lines parallel to, fronting or facing a street or roadway shall be considered to be front lot lines. See section 11-19-16, illustration (C) of this chapter.

SCREEN: A structure constructed, erected or installed, which may include vegetation planted for, including, but not limited to, the purpose of concealing or obstructing the view of persons on either side of it. Screening shall be a maximum of eight feet (8') in height or such lesser height to be determined by the building commissioner. A screen if constructed, manufactured or installed shall be a minimum of seventy five percent (75%) solid when viewed at an angle of ninety degrees (90°) of the screen line.

SETBACK LINE, BUILDING: The distance between a lot line and a main/principal building located on a lot, based on applicable residence zoning district yard setback requirements.

YARD: An open space on the same lot with a main building, unoccupied and unobstructed from its lowest level to the sky.

YARD, FRONT/CORNER LOT AND REVERSED CORNER LOT: The areas extending within and along the front lot lines to the rear and side lot lines and then inward along the rear and side lot lines to a point equal to that part of the main building closest to the front lot lines, and then inward from the rear and side lot lines to that part of the main building. See section 11-19-16, illustrations (B) and (G) of this chapter indicated as Front Yard (Front) and Front Yard (Side) on the illustrations.

YARD, FRONT/CORNER THROUGH LOT: A corner through lot consists of three (3) front yards as follows:

   A.   Front Yard (Front): The area extending across the front of the lot with the least dimension and being contained within that front lot line, the front of the main building, the interior side lot line and the opposite corner side yard area. See section 11-19-16, illustration (D) of this chapter.

   B.   Front Yard (Rear): The area extending across the rear of the lot, opposite from the front yard (front) and being contained within its front lot line, the interior side lot line and the opposite front corner side yard area, and for a minimum depth of a front yard as required for the applicable zoning district. See section 11-19-16, illustration (D) of this chapter. Any corner through lot having a depth of less than two hundred feet (200') shall be exempt from the requirements of having a front yard (rear). See section 11-19-16, illustration (F) of this chapter.

   C.   Front Yard (Side): The area extending along the front of the lot with the greatest dimension and contained between the front lot line (front) and the front lot line (rear), the front lot line (side) and the main building. See section 11-19-16, illustration (D) of this chapter.

YARD, FRONT/INTERIOR LOT: The area extending across the front of a lot and being contained within the front lot line, the front of the main building and the side lot lines. See section 11-19-16, illustration (A) of this chapter.

YARD, FRONT/INTERIOR THROUGH LOT: Interior through lots consist of two (2) front yards as follows:

   A.   Front Yard (Front): The area extending across the front of the lot and being contained within the front lot line, the side lot lines and the front of the main building. See section 11-19-16, illustration (C) of this chapter.

   B.   Front Yard (Rear): The area extending across the rear of the lot, opposite from the front yard (front) and being contained within its front lot line, the side lot lines and for the minimum depth of a front yard as required for the applicable zoning district. See section 11-19-16, illustration (C) of this chapter. Interior through lot having a depth of less than two hundred feet (200') shall be exempt from the requirements of having a front yard (rear). See section 11-19-16, illustration (E) of this chapter.

YARD, REAR/CORNER LOT AND REVERSED CORNER LOT: The area extending across the rear of a lot and parallel to the street upon which the lot has its least dimension. Such area shall be within and extending along the rear lot line to a point equal to that part of the main building closest to the front (corner side) lot line and then inward from the rear lot line to that part of the main building, and from the rear lot line along the side lot line to a point equal to that part of the main building closest to the rear lot line and then inward from the side lot line to that point of the building. See section 11-19-16, illustrations (B) and (G) of this chapter.

YARD, REAR/CORNER THROUGH LOT: The area contained between the front yard (rear) and the main building, and the interior side lot line and the front yard (corner side). See section 11-19-16, illustration (D) of this chapter.

YARD, REAR/INTERIOR LOT: The area extending across the rear of a lot and being contained within the rear lot line, the rear of the main building, the side lot lines, and at the opposite end of the lot from the front yard. See section 11-19-16, illustration (A) of this chapter.

YARD, REAR/INTERIOR THROUGH LOT: The area remaining after determining the front yard (rear) (see subsection B of the definition of Yard, Front/Interior Through Lot) and being contained within the front yard (rear), the side lot lines and the rear of the main building. See section 11-19-16, illustration (C) of this chapter.

YARD, SIDE/CORNER LOT AND REVERSED CORNER LOT: That area remaining after establishing the front and rear yards (see definitions of Yard, Front/Corner Lot And Reversed Corner Lot and Yard, Rear/Corner Lot And Reversed Corner Lot), or that area extending along a side lot line and contained between the front and rear yards, the main building and the side lot line. See section 11-19-16, illustrations (B) and (G) of this chapter.

YARD, SIDE/CORNER THROUGH LOT: The area extending along a side lot line and contained between the side lot line and the main building, and the front yard (front) and the rear yard. See section 11-19-16, illustration (D) of this chapter.

YARD, SIDE/INTERIOR LOT: The area extending along a side lot line and contained between the front and rear yards, the side lot line and the main building. See section 11-19-16, illustration (A) of this chapter.

YARD, SIDE/INTERIOR THROUGH LOT: The area extending along a side lot line and contained between the side lot line and the main building and the front yard (front) and the rear yard. See section 11-19-16, illustration (C) of this chapter.

Any words not defined by this section shall be construed in their general accepted meanings as defined by the most recent edition of "Webster's Dictionary", or equivalent reference source subject to approval by the building commissioner. Illustrations incorporated in section 11-19-16 of this chapter are provided as a visual aid to the written regulations. (Ord. 2011-38, 11-14-2011)

   A.   No fence or screen shall be permitted in or on the property between the front lot line and the street or roadway.

   B.   Permit shall be obtained prior to installation (see section 11-19-8 of this chapter). (Ord. 2011-38, 11-14-2011)

   A.   Permitted Rear And Interior Side Yard Fences: Fences, open or solid, not to exceed six feet (6') in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 6 foot fence height). Such fences shall not be permitted to extend closer to any street or roadway than that part of the main building closest to the street or roadway, and at least the minimum required depth of a front yard for the applicable zoning district. See section 11-19-16, illustrations (B) and (G) of this chapter.

   B.   Permitted Lot Front Yard (Front And Side) Fences (Reverse Corner): Fences shall not exceed forty two inches (42") in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 42 inch height) and shall be at least seventy percent (70%) open when viewed from an angle of ninety degrees (90°). See section 11-19-16, illustration (G) of this chapter. Chainlink fencing shall not be permitted within a front (front and side) yard.

   C.   Permitted Lot Front Yards (Front And Side) Fences (Corner):

      1.   Front Yard (Front): Fences shall not exceed forty two inches (42") in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 42 inch height) and shall be at least seventy percent (70%) open when viewed from an angle of ninety degrees (90°). See section 11-19-16, illustration (B) of this chapter. Chainlink fencing shall not be permitted within a front yard.

      2.   Front Yard (Side): Fences shall not exceed forty eight inches (48") in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 48 inch height) as indicated in section 11-19-16, illustration (B) of this chapter and may be open or solid type fencing. Exception to the maximum front yard (side) fence height limitation may be granted by the building commissioner, not to exceed six feet (6') in height, based on the presence of existing property fencing previously permitted to be repaired or replaced, or due to property location along a major arterial road. Evergreen landscaping shall be installed to buffer new fencing taller than forty eight inches (48") in height as permitted by this exception.

   D.   Vision Obstructions Prohibited: Fences shall not be permitted on corner lots if located within the area of a triangle, two (2) legs of which are a distance of twenty feet (20') each, when measured along each of the intersecting front lot lines and from a point where such lines intersect. See section 11-19-16, illustration (H) of this chapter. (Ord. 2011-38, 11-14-2011)

   A.   Permitted Interior Side Yard Fences: Fences, open or solid, not to exceed six feet (6') in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches in height above the maximum allowable 6 foot fence height). Such fences shall not be permitted to extend closer to any street or roadway than the front building setback line or the front of the main building, whichever is the farthest from the front lot lines. See section 11-19-16, illustration (D) of this chapter.

   B.   Permitted Front Yard (Front, Corner Side And Rear) Fences:

      1.   Front Yard (Front And Rear): Fences not to exceed forty two inches (42") in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 42 inch fence height) and shall be at least seventy percent (70%) open when viewed from an angle of ninety degrees (90°). Exception to this requirement may be granted by the building commissioner based on the presence of existing property fencing previously permitted due to unique lot conditions. Any corner through lot having a depth of less than two hundred feet (200') shall be exempt from the requirements of having a front yard (rear) and shall comply with subsection C of this section. See section 11-19-16, illustration (F) of this chapter. Chainlink fencing shall not be permitted within a front yard.

      2.   Front Yard (Side): Fences shall not exceed forty eight inches (48") in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 48 inch height) in the front yard (side), as indicated in section 11-19-16, illustration (D) of this chapter and may be open or solid type fencing. Exception to the maximum front yard (side) fence height limitation may be granted by the building commissioner, not to exceed six feet (6') in height, based on the presence of existing property fencing previously permitted to be repaired or replaced, or due to property location along a major arterial road. Evergreen landscaping shall be installed to buffer new fencing taller than forty eight inches (48") in height as permitted by this exception.

   C.   Permitted Rear Yard Fences: Fences, open or solid, not to exceed six feet (6') in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 6 foot fence height) for a lot having a depth of less than two hundred feet (200'). See section 11-19-16, illustration (F) of this chapter. Evergreen landscaping shall be installed to buffer new fencing taller than forty eight inches (48") in height as permitted by this exception.

   D.   Vision Obstructions Prohibited: Fences shall not be permitted on corner through lots if located within the area of a triangle, two (2) legs of which are a distance of twenty feet (20') each, when measured along each of the intersecting front lot lines from a point where such lines intersect. See section 11-19-16, illustration (I) of this chapter. (Ord. 2011-38, 11-14-2011)

   A.   Permitted Rear And Side Yard Fences: Fences, open or solid, not exceeding six feet (6') in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 6 foot fence height). Such fences shall not be permitted to extend closer to any street or roadway than the front building setback line or the front of the main building, whichever is the farthest from the front lot line. See section 11-19-16, illustration (A) of this chapter.

   B.   Permitted Front Yard Fences: Fences not to exceed forty two inches (42") in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 42 inch fence height) and that are at least seventy percent (70%) open when viewed from an angle of ninety degrees (90°). See section 11-19-16, illustration (A) of this chapter. Chainlink fencing shall not be permitted within a front yard. (Ord. 2011-38, 11-14-2011)

   A.   Permitted Side Yard Fences: Fences, open or solid, not exceeding six feet (6') in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 6 foot fence height). Such fences shall not be permitted to extend closer to any street or roadway than the front building line or the front of the main building, whichever shall be the farthest from the front lot line. See section 11-19-16, illustration (C) of this chapter.

   B.   Permitted Front Yard (Front And Rear) Fences: Fences that do not exceed forty two inches (42") in height (exclusive of posts or ornamental objects on posts not to exceed an additional 6 inches above the maximum allowable 42 inch height) and that are at least seventy percent (70%) open when viewed from an angle of ninety degrees (90°). See section 11-19-16, illustration (C) of this chapter. Any interior through lot having a depth of less than two hundred feet (200') shall be exempt from the requirements of having a front yard (rear). See section 11-19-16, illustration (E) of this chapter. Chainlink fencing shall not be permitted within a front yard.

   C.   Permitted Rear Yard Fences: Fences, open or solid, not to exceed six feet (6') in height (exclusive of posts or ornamental objects on posts not to exceed 6 inches above the maximum allowable 6 foot fence height) for a lot having a depth of less than two hundred feet (200'). See section 11-19-16, illustration (E) of this chapter. Evergreen landscaping shall be installed to buffer new fencing taller than forty eight inches (48") in height as permitted by exception. (Ord. 2011-38, 11-14-2011)

Residential screens may be permitted at the discretion of the building commissioner. If permitted, a screen shall only be located in a rear yard with the construction of the screen subject to review and approval by the building commissioner. (Ord. 2011-38, 11-14-2011)

   A.   Fences: Commercial fencing shall be subject to the requirements of this code for site development and plan review. Permit shall be obtained prior to installation (see section 11-19-8 of this chapter).

   B.   Screens: Commercial screens shall be subject to the requirements of this code for site development and plan review. Permit shall be obtained prior to installation (see section 11-19-8 of this chapter). (Ord. 2011-38, 11-14-2011)

Fencing or screening proposed to be installed within the old town preservation district shall be subject to the regulations contained in chapter 11 of this title specific to the district. Permit shall be obtained prior to installation (see section 11-19-8 of this chapter). (Ord. 2011-38, 11-14-2011)

   A.   Material: Fences or screens proposed to be constructed of wood shall be naturally resistant to insects and decay, or approved treated wood. No fence or screen shall contain any barbed wire, electrification or be designed, constructed or installed in any way to cause injury. Metallic fences shall have a green, brown or black protective finish or coating applied by the manufacturer, without slats, and shall not be permitted within a front yard. Fence or screen materials and finish color are subject to final review and approval by the building commissioner.

   B.   Footings: Constructed fence and screen support footings shall be a minimum of forty two inches (42") in depth and are to be inspected prior to concrete placement. Soil from fence posthole footing excavation is to be removed from the property prior to the inspection for concrete placement.

   C.   Orientation: Constructed fences or screens shall have their finished side (best or decorative) face the exterior of the lot.

   D.   Obstructions: No obstruction to the vision of vehicular or pedestrian traffic, including, but not limited to, fencing and screening, shall be permitted on corner lots if located within the area of a triangle, two (2) legs of which are a distance of twenty feet (20') each when measured along each of the intersecting front lot lines and from a point where such lines intersect. See section 11-19-16, illustrations (H) and (I) of this chapter. No obstruction to the vision of vehicular or pedestrian traffic shall be permitted at driveways, parking access drives or sidewalks adjacent to vehicular traffic areas. The bottom edge of solid fences or screens shall be a minimum of three inches (3") above grade if necessary to provide for stormwater drainage.

   E.   Temporary Safety And Snow Fencing: Temporary safety fencing shall be required to enclose construction and excavation sites large enough to be considered a hazard or an attractive nuisance to the public. Temporary snow fencing placed to prevent against the drifting of snow may be approved at the discretion of the building commissioner. A fence permit is required for the installation of any type of temporary fencing. At no time shall a temporary fence installation as approved by permit fall into disrepair. As a condition of each temporary fence permit, the village reserves the right to make repairs or remove the fencing at the property owner's expense. In all cases temporary fencing shall be removed based on the expiration date for the temporary fence permit. Snow fencing, allowed only by permit, shall be installed no earlier than November 1 and shall be removed no later than May 1 each year. (Ord. 2011-38, 11-14-2011)

No person shall commence construction or installation of any type of fence or screen, permanent or temporary, without first having obtained a permit. To obtain a permit, the property owner or his representative shall file an application on a form furnished by the village for that purpose. Application shall include such plans, property survey, specifications and additional information as required for proper representation of the proposed work, and to ensure compliance with this chapter and all other applicable village codes and ordinances. Fees associated with the construction or installation of a fence or screen shall be assessed in accordance with the village of Bloomingdale permit, fee and bond regulations ordinance. Fence installation contractors are to be bonded and insured for the work to be performed. (Ord. 2011-38, 11-14-2011)

The building commissioner, or other authorized representative, is hereby authorized and directed to periodically inspect fencing or screening regulated by this chapter to ensure compliance with the requirements set forth herein. If, after inspection, the building commissioner finds that the installation, use or maintenance of a fence or screen does not meet the requirements and regulations imposed by this chapter, said fence or screen installation shall be removed from the property. Inspections during the construction or installation of a fence or screen shall be performed based on the type of installation and as required by the conditions of the permit. (Ord. 2011-38, 11-14-2011)

No fence or screen not lawfully existing at the time of the adoption hereof shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent and manner said unlawful fence or screen is in conflict with the requirements of this chapter, said fence or screen remains unlawful.

Any nonconforming fence or screen which existed lawfully at the time of the adoption of this chapter or any amendment thereto, provided that all applicable fees arising from the erection of such nonconforming fence or screen have been paid to the village, may be continued subject to the provisions of section 11-19-9 of this chapter and this section. Ordinary repairs and alterations may be made to a nonconforming fence or screen, but such nonconforming fence or screen may not be enlarged, moved, or structurally altered, unless the fence or screen is thereby made to conform to all the regulations set forth in this chapter. It shall be unlawful to design, construct, alter, move, enlarge, replace, repair, demolish, remove, use or maintain a fence or screen dangerous to life or detrimental to health in the village. (Ord. 2011-38, 11-14-2011)

Where the restrictions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by the applicable village zoning ordinance regulations and all amendments thereto, or by any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall govern. The specific terms and conditions of this chapter shall prevail against any existing ordinance of the village that does not provide for specific fence or screen regulations, except that safety barrier requirements within this code regulating swimming pools, spas, hot tubs and portable or temporary pools shall apply when pertaining to life safety requirements for safety barriers around those installations. (Ord. 2011-38, 11-14-2011)

Any person, firm or corporation violating the terms and provisions of this chapter shall be liable for a penalty in the amount of one hundred percent (100%) of any unpaid fee and, in addition, shall be subject to a penalty of one thousand dollars ($1,000.00) for each violation. Each day that a violation of this chapter occurs shall be deemed to be a complete and separate offense. In addition, the appropriate authorities of the village may take such other action as they deem proper to enforce the terms and provisions of this chapter, including, without limitation, an action at law or in equity to compel compliance with its terms. Any person violating the terms or provisions of this chapter shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorney fees. (Ord. 2011-38, 11-14-2011)

If any portion of this chapter or of the regulations incorporated herein by reference is declared or held to be invalid by any court of competent jurisdiction, such declaration or finding of invalidity shall not affect any remaining portion of this chapter or the regulations incorporated herein which may be given effect without such invalid provisions, and to that end the provisions of this chapter are severable. (Ord. 2011-38, 11-14-2011)

Neither the enactment of this chapter nor the repeal of any ordinance or parts of ordinances as provided for herein shall be construed to affect or abate any action or cause of action for violation of said prior ordinance or ordinances. (Ord. 2011-38, 11-14-2011)

This chapter shall not be construed to extend to or affect any construction activity for which a permit was issued or application for permit filed prior to the effective date hereof, except for fees not yet due or payable, unless the building commissioner determines that any provisions of this chapter or the regulations incorporated herein by reference should be applied for reasons of public health and safety. (Ord. 2011-38, 11-14-2011)

(Ord. 2011-38, 11-14-2011)