The following general provisions dealing with open space, lot coverage, yards, setbacks, vision clearance, and permitted obstructions are provided for herewith:
A. Provisions Of Open Space: The provisions of yards, courts, and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership, or for any other reason, be used to satisfy yard, court, or other open space or minimum lot area requirements for any other building.
B. Location Of Open Space: All yards, courts, and other open space allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.
C. Yards For Existing Buildings: No yard now or hereafter provided for a building existing on the effective date of the Zoning Ordinance shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirement of the Title for equivalent new construction. However, a yard adjoining a street may be reduced to provide right-of-way for a street widening.
D. Required Setbacks: Notwithstanding any other provision of this Title, no building or structure shall be erected, constructed, structurally altered, or enlarged within thirty (30) feet of a planned public right-of-way.
E. Exception For Established Setbacks:
1. Where fifty percent (50%) or more of the frontage of one (1) side of a street between two (2) intersecting streets is developed with buildings that have observed (within a variance of ten (10) feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
2. Where fifty percent (50%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as herein required, then:
(1) Where a building is to be erected within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two (2) existing buildings.
(2) Where a building is to be erected within one hundred (100) feet of an existing building on one (1) side only, it may be erected as close to the street as the existing building.
b. Corner Lots: The depth of the setback lines shall be as normally required in the district where the lot is located.
F. Vision Clearance: At the intersection of roads or at the point of ingress and egress onto roads, no structure, parked vehicle, or plant material shall obstruct a clear path of motor vehicle driver's vision of approaching vehicles within a triangular square determined by a diagonal line connecting two (2) points measured seventy-five (75) feet equidistant from the point of intersection with the centerlines of the roads and the points of ingress and egress. See Appendix A attached to the Zoning Ordinance for a sample illustration.
G. Permitted Obstructions In Required Yards: The following shall not be considered to be obstructions when located in the required yards specified:
a. Open terraces not over three (3) feet above the average level of the adjoining ground, but not including permanently roofed-over terrace or porch;
b. Awnings and canopies, but not projecting more than ten (10) feet out, and at least seven (7) feet above the average level of the adjoining ground;
c. Steps, four (4) feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;
d. Chimneys projecting eighteen (18) inches or less into the yard;
e. Arbors, trellises, flag poles, fountains, sculptures, plant boxes, and other similar ornamental objects;
f. All fences and walls in the side and rear yards only: and
g. Overhanging eaves and gutters projecting three (3) feet or less into the yard.
2. Swimming pools, ten (10) feet from property lines, buildings and/or structures in side and rear yards only.
3. In Front Yards: One-story bay windows projecting three (3) feet or less into the yard.
4. In Rear Yards: Enclosed, attached, or detached off-street parking spaces, accessory shed, tool rooms, and similar buildings or structures for domestic or agricultural storage, balconies, breezeways, and open porches, one-story bay windows projecting three (3) feet or less into the yard. In a residential district, no accessory building shall be nearer than five (5) feet to the rear lot line, nor nearer than ten (10) feet to any principal building unattached.
5. Open off-street parking may be permitted in side yards.
1. No fence shall be erected or substantially altered in the Village without a building permit issued therefore by the Village Building Inspector, after he has collected the permit fee required.
Any fence which shall be erected or shall be in the process of erection, or maintained contrary to the provisions of the Title, is deemed a nuisance, and it shall be the duty of the Building Official and/or Zoning Official to abate the same.
2. The following fences are authorized:
a. Hazard Enclosures: This fence is intended to enclose swimming pools, pets, excavations, etc. This fence must be a minimum of forty eight (48) inches high with the mesh material spaced close enough to prevent children and animals from entering. All gates shall be equipped with child-proof latches.
b. Security Or Protection Fence (Commercial Or Industrial): A fence used for enclosing the lot, or part of the lot, for security and protection of property.
c. Retention Fence (Residential): A fence to retain children, animals, etc. or to prevent outside intrusion. This fence may be installed in side and rear yards only, with a minimum fence height of forty-eight (48) inches and a maximum height of seventy two (72) inches. All structural members of a fence must face the owner of the fence.
3. No private fences shall be allowed or constructed on public streets, highways, or alley rights-of-way. Fences may, by permit, be placed on public utility easements as long as the structures do not interfere in any way with existing underground, ground, or over ground utilities. Further, the Village or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of said easement. Fences in violation of this subsection may be summarily removed by the Village.
4. No barbed or barbed wire shall be allowed on private property in residential zones or on lots in any zone being used for single-, two-, or multi-family dwelling purposes. No barbed wire or barbed wire fences shall be allowed on private property in business or industrial zones where the property lines of such property abut lots or parcels zoned or being used for single-, two- or multiple- family purposes or on fences in front yards.
No fences shall be constructed of material obviously intended to inflict great bodily harm should a person or animal attempt to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit, broken glass, razor blades, and sharp or ragged metal spikes or spears. Barbed wire may be used only as authorized.
5. All fences shall be constructed in conformity with the wind, stress, foundation, structural, and other requirements of the building codes and ordinances of the Village.
All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable, and attractive condition. If, on inspection by the Building Inspector or Zoning Official, any fence, in his determination, does not meet the requirements of this subsection, he shall order the owner or occupier of the premises, by registered or certified mail, to make the necessary repairs or improvements within thirty (30) days. Should the owner or occupier of the premises fail to make repairs or improvements as directed, he shall be in violation of the Title, and the Building Inspector or Zoning Official shall cause a complaint to be issued and processed against said owner or occupier in accordance with the rules of the Circuit Court of Kankakee County, Illinois.
6. In commercial and industrial zones, fences may not exceed six (6) feet in height in commercial areas and eight (8) feet in industrial areas above ground level, and the use of barbed wire is prohibited, except that the top one (1) foot of any fence along a side or rear lot lines in the industrial zone may be constructed of barbed wire. Barbed wire shall not be used, installed, or constructed on fences fronting any street. However, the Village, public utilities, school district, other governmental agencies, or owners of property on which hazardous operations exist, after first obtaining permission of the Village Board, may erect barbed wire along fences fronting on public streets or abutting residential property which otherwise conforms to this Section.
7. In commercial and industrial zoned districts, no fence or walls shall be erected, constructed, or maintained within the first fifty (50) feet from the front lot line.
However, a four (4) foot decorative fence may be erected within the first fifty (50) feet. For purposes of security only, fences for commercial or industrial zoned districts may be provided alongside and rear yard lot lines.
8. Fences existing at the time of adoption of this subsection H which are not in violation of subparagraph H5 above, and are not located on public streets, highways, and alley rights-of-way, but which violate other sections of the Title, may continue to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violation would be continued.
1. Hedges, plantings, shrubbery, etc., when used as a screen or fence in the front yard in all zoning districts, shall be maintained and trimmed at a maximum of two (2) feet above ground level.
2. When fences are allowed on commercial or industrial zoned properties, and these properties abut residential districts, a six (6) foot high landscape screening or hedge is required on all lot lines, except those that form the front yards.
3. In all districts or special uses allowing outdoor storage, a six (6) foot high hedge or screening shall be planted to enclose all areas which are visually exposed to the front yard.