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Channahon City Zoning Code

FENCES

§ 156.180 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL RUN. A completely enclosed fence for the exercising and/or containment of an animal.
   FENCES. A nonpermanent, nonliving structure which is not otherwise a part of any building or structure and used to delineate a boundary or as a means of confinement for the purposes of privacy.
   HEIGHT OF FENCE. The height of a fence is a height as measured from the existing grade level of the property on which the fence is installed to the highest most point on the fence.
   OPEN FENCE. A fence including gates, of which open spaces which afford direct views through the fence comprise 50% of each one foot wide segment extending over the entire length and height of the fence.
   PERIMETER FENCE. A fence following the outward boundaries of the property on which it is located.
   PERIMETER OF FENCE. That outermost point as measured by a perpendicular line drawn along the edge of a fence outward and perpendicular to the ground.
   SOLID FENCE. A fence including gates, which conceals some view of adjoining property, streets or alleys and any and all activities conducted behind it.
(Ord. 335, passed 12-5-83)

§ 156.181 COMPLIANCE REQUIRED.

   It shall be unlawful for any person to erect, construct, enlarge, alter, repair of cause to be hereafter erected, constructed, enlarged, altered or repaired a fence as provided in this subchapter. Any permit shall expire six months from the date of issuance in the absence of an extension from the Building Inspector.
(Ord. 335, passed 12-5-83)

§ 156.182 PROHIBITED FENCES.

   No dangerous or hazardous type fence, such as barbed wire, fences with spikes, broken glass or other sharp points imbedded in them or any other type fence that could result in injuries to persons climbing on or over such fences shall be permitted to be erected or maintained within the village except as provided for in § 156.185(B). Also, no fences that are leaning in such a manner that an angle of 15 degrees or more is produced when measured from the vertical shall be permitted to be maintained within the village.
(Ord. 335, passed 12-5-83; Am. Ord. 1861, passed 6-20-16)

§ 156.183 APPLICATION FOR PERMIT.

   (A)   No person shall erect a fence in the village without first having received a fence permit from the Building Inspector.
   (B)   Applications for a fence permit shall be submitted from the Building Inspector on preprinted forms. An applications for a fence permit shall be accompanied by:
      (1)   A sketch of the proposed fence indicating the design of the fence, the material to be used, the dimensions of the proposed fence, and
      (2)   A plat of survey of the lot on which the proposed fence is to be located showing the location of the proposed fence.
(Ord. 335, passed 12-5-83)

§ 156.184 GENERAL CONSTRUCTION REQUIREMENTS.

   Any and every fence to be erected in the village following the effective date of this subchapter shall be designed and constructed to resist and withstand a wind pressure of not less than 20 pounds per square feet of the gross proposed area of the fence less any openings from any angle of approach. All fence posts used in the construction of a fence must be buried in the ground to a depth of at least one-third of the total length of the fence post. All fence parts, anchors and shavings of wood or other organic materials shall be treated with a chemical treatment to protect them from deteriorating when they are placed in or upon the ground. Alterations to the existing grade level preceding the use of a fence for the purpose of altering the height of the fence shall not be permitted. All fences shall be maintained in good and sound condition and shall create a harborage for rodents. If a fence is to be painted, it should be painted with a nonlead base paint. No fence shall be constructed in such a manner as to impede or alter the natural surface water drainage of the property upon which the fence is constructed or any adjoining property.
(Ord. 335, passed 12-5-83)

§ 156.185 DESIGN, LOCATION, AND HEIGHT REQUIREMENTS.

   (A)   Agriculture and Residential Districts.
      (1)   R-1, R-2, R-3, RE-1 and RE-2 Zoning Districts. Perimeter fences shall only be erected in the side and rear yard in back of the front building line. Fences may be either open or solid and not exceed a height of six feet. Perimeter fences shall be erected entirely on the property in which the fence is to be located. Only open fences not exceeding a height of four feet may be constructed beyond the side yard building line of those properties on corner lots. Decorative fences within the front yard beyond the front building line must be open style, shall not exceed a height of three feet and shall not serve to enclose an area.
      (2)   A-1 and A-2 Agriculture and Rural Residential Zoning Districts. Same as division (A)(1) above with the following exceptions: Wood-type open rail fences or peeled split log open rail fences may be erected anywhere on the property including the front yard and side yards past the building line not to exceed a height of five feet. Wire fences designed to contain farm animals may be erected entirely on the property in which the fence is to be located including the front yard and side yard past the building line.
      (3)   TC Town Center District. Fences in the residential areas of Town Center District shall comply with (A)(1) above except where permitted by the Town Center Design Guidelines.
   (B)   Business or Industrial Districts.
      (1)   All fences constructed in either business or industrial districts shall be open or solid fences. In business districts, such open or solid fences shall not exceed six feet in height. In industrial districts, such open or solid fences shall not exceed eight feet in height. In either business or industrial districts a fence may not contain more than three strands of barbed wire at the top of the fence and any barbed wire shall extend inward toward the enclosed property.
      (2)   Where property in either business or industrial districts adjoins or fronts on any property situated in a residential district, a solid fence shall be erected on these sides adjoining or fronting on the property situated in a residential district. Such a fence shall be located within six inches of the property line that abuts the residential property. Such solid fence shall be not less than five feet in height nor more than six feet in height in business districts. Such a fence shall be not less than five feet in height nor more than eight feet in height in industrial districts. Natural screening such as a densely planted compact hedge may be used in lieu of a solid fence. The height of such natural screening shall be in accord with those requirements set forth above in this section.
      (3)   In business and industrial districts, fences shall be required to screen storage areas. If the storage area is within 150 feet of the nearest point of any residential district, then all storage shall be in completely enclosed buildings or structures. Storage areas located elsewhere in a business or industrial district may be open to the sky but shall be enclosed by a solid fence or wall including solid doors or gates thereto. In business districts, such storage yard fences shall be a solid fence six feet in height. In industrial districts, such storage yard fences shall be a solid fence six feet in height. In industrial districts, such storage yard fences shall be a solid fence eight feet in height. All such fences shall be allowed only in real and side yards.
      (4)   All exterior area of food service establishments wherein garbage and refuse are stored shall be enclosed by a solid fence or walls, including solid doors or gates thereto. Such fence or walls shall be not less than five feet nor more than six feet in height. All food service establishments licensed by the village or the Will County Health Department prior to the effective date hereof shall comply with the requirements of this subchapter within six months from the effective date hereof.
(Ord. 335, passed 12-5-83; Am. Ord. 991, passed 6-15-98; Am. Ord. 1687, passed 4-16-12; Am. Ord. 2018, passed 7-6-20)

§ 156.186 FENCES USED FOR SPECIFIC PURPOSES.

   (A)   Screening for Parking Lots. All open automobile parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residential district or any institutional premises by a wall, solid fence or natural screening such as a densely planted compact hedge not less than five feet in height nor more than six feet in height, around the perimeter of the property within six inches of the property line except for that part of the property abutting a public way. For that part of the parking lot property abutting a public way, a wall, a solid fence or other natural screening shall have a minimum height of three feet and a maximum height of three and one-half, except that where in the interest of safety, so that the line of sight will not be obstructed, the minimum height shall be lowered at street intersections and driveways to not less than 18 inches. The line of sight shall be determined by the Building Inspector. Except as noted above, such screening as required above shall not be located within the front and side yard setback requirements of the district in which the parking is located. If the zoning regulations permit parking in a side yard, then the parking lot must be screened in accordance with those provisions set forth above. Also, in the case of property in an industrial district, which abuts a railroad right of way, parking is permitted up to right of way, then screening shall be provided in accordance with those requirements set forth above.
   (B)   Swimming Pool Fences. See Ordinance Numbers 226 and 244 for provisions regulating the construction and equipping of fences for swimming pools.
   (C)   Animal Runs. Animal runs shall be located completely to the rear of the principal structure and the perimeter of the fences shall be no closer than five feet from the property line of the adjoining properties. The animal runs shall have an area of not more than 100 square feet and shall not be more than six feet in height.
   (D)   Electrical Fences. The construction and use of electric fences within the village are permitted subject to strict adherence to the foll0wing standards and requirements:
      (1)   IEC Standard 60335-2-76 or successor: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in the International Electrotechnical Commission (IEC) Standard 60335-2-76.
      (2)   Electrification:
         (a)   The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel, however, the solar panel may be augmented by a commercial trickle charger.
         (b)   The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.
      (3)   Perimeter fence:
         (a)   No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence that is not less than six feet in height. Electric fences shall be located no closer than one foot from a non-electric perimeter fence. Electric fences shall have a maximum height of ten feet.
         (b)   Location: electric fences shall be only be allowed on a non-residential outdoor storage area located in an I-1 Limited Manufacturing Zoning District or 1-2 Intensive Industrial Zoning District.
         (c)   Warning signs: electric fences shall be clearly identified with warning signs that read: “Warning-Electric Fence” at intervals of not less than 30 feet.
         (d)   The property owner and/or fence owner where fence is located shall execute an indemnification and hold harmless agreement whereby the owner agrees to release, defend, indemnify and hold the Village of Channahon harmless from any and all claims of personal injury or property damage arising from or related to the fence.
      (4)   It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section.
(Ord. 335, passed 12-5-83; Am. Ord. 741, passed 12-7-92; Am. Ord. 1861, passed 6-20-16) Penalty, see § 156.999

§ 156.187 MAINTENANCE.

   Fences must be maintained in good condition as determined by the Building Inspector. Any owner failing to repair or replace a fence determined to be in disrepair shall remove such fence at his expense within ten days of receipt of notice from the Building Inspector.
(Ord. 335, passed 12-5-83)

§ 156.188 NONCONFORMING FENCES.

   Any fences which existed lawfully at the adoption of this subchapter and which remain nonconforming may be continued provided no structural alterations, additions or enlargements are made to the fence.
(Ord. 335, passed 12-5-83)