(A)   (1)   For purposes of this section, the word fence shall he defined as follows: includes any barrier structure, wall of posts, rails, gates and any other members, not part of a building or natural screening, constructed of wood, metal, wire, masonry, plastic, stone, chain link, wire mesh and any other materials, place or used in whole or in part as a boundary or as an ornamental feature or as means of protection, security, screening, privacy or confinement, or otherwise serving the functions commonly ascribed to a fence or wall, but shall not include any wall constructed timbers, masonry or other materials for the principal purpose of maintaining terrace or controlling erosion; or any natural growing hedge, shrub or other plant life.

      (2)   The regulations in this section shall apply to all fences constructed within the corporate limits of the City of Fulton.

      (3)   A building permit as required in § 155.200 shall be obtained prior to the construction of any fence. All applications for building permits shall show the proposed location of the fence in reference to lot lines and existing structures. The care and maintenance of both sides of the fence as well as the surrounding grass, weeds, bushes and like shall be the full responsibility of the fence owner.

      (4)   No private fence shall be erected within a public right-of-way, and the city shall have the right to require the removal of any fence on a public right-of-way at the owner's expense and at no cost to the city.

      (5)   All fences shall be constructed on the fence owner's property or side of the property line. The owner of the fence shall maintain both sides of the fence.

      (6)   Snow fences shall not be placed in the front yard except as specifically permitted by the city. Snow fences shall be constructed of winter neutral colors such as brown or green. Snow fences shall only be permitted during the period beginning November 1 and ending on March 30 of the following year.

      (7)   No fence shall be maintained or erected if it is constructed with an material which is likely to inflict bodily harm should a person or animal come in contact with the fence. The following materials are prohibited to be used in construction of a fence:

         (a)   Scrap metal;

         (b)   Corrugated metal;

         (c)   Sheet metal;

         (d)   Electric fence or any kind of electrically charged fence unless used as part of livestock enclosures;

         (e)   Razor wire;

         (f)   Pallets, oriented strand boards (OSB), plywood;

         (g)   Used or repurposed materials; and

         (h)   Sharp or ragged metal spikes or spears.

      (8)   No fence which interrupts, impedes or otherwise alters the natural flow of water shall be erected in any single-family or multi-family district.

      (9)   No electric fence, barbed wire or barbed wire fences shall be erected in the city except where agricultural ground is located.

      (10)   All fences shall be erected so the finish side faces out, and the unfinished side faces the property of the person who has erected the fence.

      (11)   All fences, hedges and landscape screening shall be maintained in good, structurally sound repair, and in neat clean and attractive condition.

      (12)   With respect to fences, the rear yard shall include the side yard up to the rear building line of the principal building.

      (13)   A fence shall not extend beyond front of the principal building.

      (14)   No fence shall be erected in excess of six feet in height with the sole exception of the requirements for fences surrounding swimming pools set forth in § 155.138.

      (15)   In Business districts and Industry districts a fence may be erected to a height of eight feet in height and may not have any material which is likely to inflict bodily harm should a person or animal come in contact with the fence. No barbed wire or electric are allowed. No barbed wire will be allowed at the top of any fence.

      (1)   Subject to the limitation and termination provisions hereafter set forth, any lawful existing nonconforming Fence may continue so long as it otherwise remains lawful after the effective date of the ordinance from which this section is derived. No nonconforming fence shall be:

         (a)   Changed or altered in any manner which would increase the degree of its nonconformity;

         (b)   Expanded;

         (c)   Changed or altered to prolong its useful life;

         (d)   Moved in whole or in part to any other location where it would remain nonconforming.

      (2)   Any nonconforming fence that meets any of the criteria in division (B)(1) shall be subject to the provisions provided in this chapter. Should any nonconforming fence be damaged to 50% of its replacement cost, the fence shall not be replaced except according to the provisions provided in this section for a new fence.

(Ord. 855, passed 10-7-86; Am. Ord. 1186, passed 4-16-02; Am. Ord. 1229, passed 12-1-03; Am. Ord. 1635, passed 8-26-19) Penalty, see § 10.99

   (A)   Supplemental regulations. The regulations set forth in divisions (B) through (D) of this section qualify or supplement, as the case may be, the district use height regulations appearing elsewhere in this chapter.

   (B)   Public service buildings. Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet and churches and temples may be erected to a height not exceeding 50 feet.

   (C)   Increased allowance with additional setback. Single-family dwellings and multiple dwellings may be increased in height by not more than ten feet when the front, side and rear yards are increased over the yard requirements of the district in which they are located by one foot for each additional foot of building height above the height limit otherwise provided in the district in which the building is built.

   (D)   Exceptions. Chimneys, cooling towers, elevator bulkheads, grain elevators, fire towers, monuments, stacks, stage towers or scenery lots, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers, television antennas or necessary mechanical existing or hereafter adopted ordinances of the city.

(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99

   All property hereafter annexed to the city shall be classified as a residential district until this classification is changed by amendment to this chapter.

(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99

   The placing of a mobile home in any district is not permitted except in a mobile home court that has been approved by the City Council and licensed by the state of Illinois.

(Am. Ord. 889, passed 10-4-88) Penalty, see § 10.99

   Not more than one building that is not an accessory building shall be located on a zoning lot, nor shall such a building be located on the same zoning lot with any other building that is not an accessory building except in an industrial district, subject to all their application sections of the zoning ordinance. No accessory building shall be constructed on a vacant lot unless such lot is combined with an adjoining lot to form a zoning lot and otherwise comply with all regulations of the zoning ordinance.

(Ord. 1144, passed 11-7-00; Am. Ord. 1152, passed 1-2-01) Penalty, see § 10.99

   No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all applicable regulations of the zoning district in which the property is located.

(Ord. 1141, passed 8-7-00; Am. Ord. 1152, passed 1-2-01) Penalty, see § 10.99

   (A)   A swimming pool shall mean any water-filled enclosure, permanently constructed or portable, having a depth of more than two feet above or below grade and more than 12 feet in width in some dimension. This section also applies to a spa or spa pool, regardless of size, but does not apply to natural swimming areas or agricultural land waters.

   (B)   Notwithstanding anything to the contrary herein, a swimming pool may be enclosed by a fence four feet high or more and less than six feet in height if the swimming pool is equipped with a pool cover approved in advance by a majority of the City Administrator, Public Works Director and Zoning Enforcing Officer.

   (C)   If a fence is attached to a swimming pool, the outside walls of the swimming pool can be used to meet the six foot to eight foot height requirement.

   (D)   All swimming pools, including any attached decks, may not be closer than the required side and rear yard setbacks to any property line.

   (E)   Notwithstanding anything to the contrary hereto, any swimming pool in existence on January 1, 2002, with a five-foot fence surrounding the pool, shall be allowed to retain the five-foot fence and shall not be required to construct a six-foot to eight-foot in height fence until such time as the fence is removed for any reason. If the fence is removed for any reason, then the replacement fence shall comply with the terms of this section.

   (G)   Notwithstanding anything to the contrary in this section, no fence as provided under this section shall be required to be constructed to surround a swimming pool that is defined herein as an inflatable and temporary swimming pool. A temporary swimming pool shall be defined as a swimming pool that is not permanent and is disassembled and stored indoors at least six months out of each 12-month period. An inflatable swimming pool shall be defined as a swimming pool that requires the use of air or gas to be pumped into a membrane which expands in size to create the shape and structure of the swimming pool.

(Ord. 1186, passed 4-16-02; Am. Ord. 1229, passed 12-1-03; Am. Ord. 1321, passed 9-5-06; Am. Ord. 1463, passed 9-4-12)

   (A)   The Downtown Business District, also commonly referred to as the Heritage Business District, shall be defined as follows: The regulations of the District shall apply to existing structures and buildings or structures and buildings constructed after the effective date of this section or in the process of being constructed or being constructed on the effective date of this section which are situated on all or any part of the following described lots in the city which are generally situated along Fourth Street between its intersection with Tenth Avenue and Twelfth Avenue:

Lots: Lot 2 in Block 10 in Range 10, Lots 1 and 2 in Block 11 in Range 10, and Lots 1 and 2 in Block 12 in Range 10, Lot 6 in Block 4 of West Fractions, Lots 10, 9, 8, 7, and 6 in Block 5 of West Fractions, Lots 10, 9, 8, 7, and 6 in Block 6 of West Fractions, including all vacated streets or alleys adjoining said lots.

   (B)   The regulations and standards set forth in this section shall apply to all existing structures and to any structures hereinafter constructed in the Downtown Business District.

   (C)   Structure appearance standards. All structures shall comply with each of the following requirements:

      (1)   For all new construction, the front exterior of a new structure shall have a facing material 50% of the gross wall area from the eave or coping line down to grade line constructed from one of the preferred materials approved by the City Council which may include glass, brick, glaze tile, wood or an approved equivalent. The facades of new structures shall have a front side that matches a majority (more than 50%) of consistent building patterns of existing structures within the District.

      (2)   Material guidelines:

         (a)   Material used shall be selected for suitability to the type of structure or design in which they are used.

         (b)   Materials shall have good architectural quality and character.

      (3)   Exceptions. Structures completely screened by other structures from a public street or not clearly visible from a public street shall be exempt from these requirements.

      (4)   In the event that a dispute arises as to which wall constitutes the front of a structure, the decision shall be made solely by the City Council by considering what the general public would regard as the front of the structures. The City Council will also determine alternative facing material than those specified in this section.

      (5)   All existing exposed brick structures in the District shall maintain the brick facade or the brick facade shall be restored to its original appearance.

      (6)   All exposed glass in any structure shall be maintained or restored to its original appearance.

      (7)   All awnings attached to any structures in the District shall be constructed of fabric. This prohibition shall not include overhangs from any structures.

   (D)   No building shall be demolished within the District unless a hardship exception has been granted by majority vote of the City Council after a written application has been submitted by the owners on a form approved by the City Administrator.

(Ord. 1194, passed 9-5-02; Am. Ord. 1314, passed 7-17-06; Am. Ord. 1336, passed 3-19-07)

   (A)   Permit required. It shall be unlawful for any person to place or maintain a portable storage container on private or public property (except in an Industry District) unless a permit for temporary use is obtained in advance pursuant to this section. No permit may be granted for a portable storage container more than eight feet wide or more than 20 feet in length.

   (B)   Application. An application for a permit shall be made to the Zoning Enforcing Officer providing such information as the Enforcing Officer shall require by rules adopted by the Enforcing Officer. A permit issued by the Enforcing Officer shall allow the temporary use of a portable storage container for a period not to exceed 30 days. The Enforcing Officer shall have the right to grant one extension for an additional 30 day period upon application to and approval by the Enforcing Officer of such extension. If an extension is granted an additional permit fee must be paid by the applicant. The Enforcing Officer may require insurance or security if the permit provides for placement of the portable storage container on public property. Permits shall be limited to one permit per zoning lot per year and no applicant shall be granted another permit within a period of one year after the application date for a permit granted hereunder.

   (C)   Permit fee. A permit fee shall be paid in the amount provided according to the fee schedule on file and available for public inspection in the office of the City Clerk.

   (D)   Location. No portable storage container shall be placed in any of the following locations:

      (1)   Within the front yard as defined in this chapter,

      (2)   On any parkway or sidewalk,

      (3)   In violation of the set back requirements for the side yard or back yard as set forth in this chapter.

   (E)   Placement, appearance and maintenance of portable storage container. It shall be the responsibility of the person issued the permit to place the portable storage container in the appropriate location granted by the permit, to maintain the portable storage container free of graffiti and to ensure that no spillage of materials or materials escape from the container and litter any property in the city.

   (F)   Not apply in Industry District. Notwithstanding anything to the contrary herein, portable storage container's shall be permitted without regard to the regulations stated in this section on any property zoned as an Industry District under this chapter and the provisions of this section regulating portable storage containers shall not apply to property located in an Industry District as defined in this chapter.

   (G)   Penalties. Any person violating this section shall be subject to a fine in an amount not less than $50 and not more than $750 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. 1280, passed 6-6-05)

      (1)   Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

      (3)   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      (4)   Facility must comply with the parking requirements in Chapter 155 of the Zoning Code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed.

      (5)   Petitioner shall file an affidavit with the city affirming compliance with all applicable provisions of the Fulton Code of Ordinances and all other requirements of the Act.

      (1)   Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

      (3)   At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in division (D)(5) below in the same tenant space.

      (4)   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      (5)   Facility may not be issued a permit to host on-site consumption of cannabis.

      (6)   Facility must comply with the parking requirements in Chapter 155 of the Zoning Code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed.

      (7)   Petitioner shall file an affidavit with the city affirming compliance with all applicable provisions of the Fulton Code of Ordinances and all other requirements of the Act.

      (1)   Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located within 1,000 feet of the property line of a pre-existing property zoned or used for residential purposes.

      (3)   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      (4)   Facility must comply with the parking requirements in Chapter 155 of the Zoning Code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed.

      (5)   Petitioner shall file an affidavit with the city affirming compliance with all applicable provisions of the Fulton Code of Ordinances and all other requirements of the Act.

      (1)   Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located within 1,000 feet of the property line of a pre-existing property zoned or used for residential purposes.

      (3)   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      (4)   Facility must comply with the parking requirements in Chapter 155 of the Zoning Code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed.

      (5)   Petitioner shall file an affidavit with the city affirming compliance with all applicable provisions of the Fulton Code of Ordinances and all other requirements of the Act.

(Ord. 1646, passed 2-24-20; Am. Ord. 1673, passed 3-22-21)

   (A)   A carport is hereby defined as an enclosed shelter for a vehicle that consists of a roof supported by posts and is built immediately adjacent to or attached to a building.

   (B)   Carports shall be considered an accessory building as defined in § 155.001.

   (C)   The height of a carport shall not exceed 12 feet above the centerline of the adjoining street.

   (D)   Carports are only allowed in single-family dwelling district, multiple-family dwelling district or in a one-half acre single-family dwelling district.

   (E)   A carport can be placed on the ground, on a cement pad or on a gravel pad.

   (F)   A carport is allowed to have metal siding as long as the siding is the same color as the principal residence. However, the siding cannot totally enclose the carport.

   (G)   Carports shall be anchored sufficiently to the ground to ensure that wind cannot cause them to be a danger to property and persons. Carports shall be anchored to the satisfaction of the zoning enforcing officer.

   (H)   A carport shall comply with all the setback requirements of a garage.

   (I)   A carport shall shelter not more than three vehicles and shall not exceed 24 feet on its longest dimension.

   (J)   All carports shall have a solid roof and the sides if not totally enclosed shall not be less than 12 inches or greater than 36 inches from the roof.

(Ord. 1659, passed 2-24-20)