Lincolnwood City Zoning Code
ARTICLE III
GENERAL PROVISIONS AND REGULATIONS
3.01 Interpretation.
(1)
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals, welfare, comfort and convenience.
(2)
Regulatory provisions contained in Article II, Rules and Definitions, shall have the same force and effect as though expressly set forth in this or following articles of this Zoning Ordinance.
(3)
Where the conditions imposed by any provisions of this Zoning Ordinance upon the use of land; bulk of buildings; floor area requirements; lot area and lot width requirements; and yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Zoning Ordinance, or of 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.
(4)
This Zoning Ordinance is not intended to abrogate any easement, covenant or other private agreement, provided that where the regulations of this Zoning Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this Zoning Ordinance shall govern.
(5)
No building, structure or use not lawfully existing at the time of the adoption of this Zoning Ordinance shall become or be made lawful solely by reason of the adoption of this Zoning Ordinance; and to the extent that, and in any manner that said unlawful building, structure or use is in conflict with the requirements of the Zoning Ordinance, said building, structure or use is unlawful hereunder.
3.02 Separability.
It is hereby declared to be the intention of the Board of Trustees of the Village of Lincolnwood that the provisions of this ordinance are separable, in accordance with the following:
(1)
If any court of competent jurisdiction shall adjudge any provision of this Zoning Ordinance to be invalid, such judgment shall not affect any other provision of this Zoning Ordinance not specifically included in said judgment; and
(2)
If any court of competent jurisdiction shall judge invalid the application of any provision of this Zoning Ordinance to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.
3.03 Federal and state laws.
None of the provisions in this section shall be construed to require that the Village violate any federal or state laws. In the event any provisions herein should conflict with any such laws, such provisions shall be modified to the extent necessary to conform to such laws.
3.04 Allowable use of land, buildings or structures.
The following uses of land, buildings or structures are allowed in the districts indicated in this Article III and under the conditions specified in this Zoning Ordinance:
3.05 Prohibited uses of land, buildings, or structures.
No building or lot shall be devoted to any use other than one which is specified as a permitted use or special use by the district regulations applicable to the district in which such building or land is located, as designated in Article IV.
However, where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this Zoning Ordinance, and where construction has been begun within six months of such effective date and is being prosecuted to completion said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under a certificate of occupancy by the use originally designated, subject to the provisions herein set forth in Article V.
3.06 Control over use and bulk.
(1)
No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall hereafter be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located.
(2)
All new buildings shall conform to the bulk regulations established herein for the district in which each building is located. No existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict with the bulk regulations of this Zoning Ordinance for the district in which such building shall be located.
3.07 Multiple buildings and uses on lot.
[Amended 12-3-2009 by Ord. No. 2009-2867A]
3.08 Accessory buildings, structures and uses.
(1)
Accessory uses shall be permitted with all permitted and special uses as allowed in the various zoning districts.
(2)
Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation, or culture of pigeons, poultry or livestock, whether or not for profit.
(3)
Every tower, pole or antenna structure shall comply with the rear yard setback requirements of this Zoning Ordinance and as specifically set forth in Subsection 3.12 of this article.
(4)
Except as otherwise regulated herein, an accessory building hereafter erected, altered, enlarged or moved on a lot shall conform with the following:
a.
A detached accessory building shall not be nearer than 15 feet from the nearest wall of the principal building, nor within 60 feet of the front lot line.
b.
A detached accessory building or an accessory building when attached to the principal building shall not be located in a front yard, interior side yard or side yard abutting a street; except that an attached garage may be located in a front or side yard provided that applicable setback requirements are met.
c.
A detached accessory building or structure in a rear yard shall be not less than three feet from a lot line, except:
i.
On corner lots: not less than five feet from a rear lot line which adjoins a lot in a Residence District and not less than required corner front yard abutting a street;
ii.
On through lots: not less than the distance required for a front yard setback from the rear lot line abutting a street; and
iii.
An accessory building having vehicular access from an alley not less than five feet from the lot line abutting the alley.
(5)
A detached accessory building or structure greater than 120 square feet in area located in a rear yard shall not exceed one story or 17 feet in height, whichever is lower. An accessory building or structure of 120 square feet or less in area located in the rear yard shall not exceed 12 feet in height. Accessory buildings shall not occupy more than 30% of a rear yard.
(6)
A building intended for an accessory use, when attached to or a part of the principal building, shall be deemed a part of the principal building with regard to all setback and other requirements hereunder. If a building intended for an accessory use is attached to or made part of the principal building, it must meet Building Code standards for the principal building.
3.08.1 Use standards for temporary structures. [1]
[Added 10-19-2022 by Ord. No. 2022-3638]
(2)
Temporary structures are subject to the following standards:
a.
No temporary structure or portion of a temporary structure may be located in a public right-of-way, with the exception of obstructions specifically permitted pursuant to Section 6-1-8 of the Village Code;
b.
On any zoning lot, a temporary structure can be installed not more than six individual times per 365-day period, and not for a total of more than 60 days per 365-day period;
c.
Uses or activities in conjunction with temporary structures are subject to noise regulations found in Section 6.20(3) of the Zoning Ordinance;
d.
A temporary structure used in conjunction with a certain use or activity must be removed within three business days after the end of that use or activity;
e.
On properties used primarily for single-family residential uses, townhome residential uses, or religious institutions, a temporary structure may obstruct off-street parking spaces otherwise required pursuant to Article VII of this Zoning Ordinance. On all other properties, no temporary structure may obstruct a required off-street parking space;
f.
Except as provided in Section 3.08.1(2)g of this Zoning Ordinance, no temporary structure may be installed prior to receipt of written approval from the Director of Community Development, which approval may not be granted unless the temporary structure satisfies each of the following standards:
i.
No portion of the temporary structure may impede parking access or capacity in a manner that is in violation of Article VII of the Zoning Ordinance;
ii.
The temporary structure may not, in the opinion of the Village Fire Chief or Chief of Police, impede adequate emergency access to the subject property or surrounding properties; and
iii.
The temporary structure must feature or be equipped with fire extinguishers, paths of egress, or other fire safety provisions and equipment, based on the use and design of the temporary structure, as determined by the Village Fire Chief.
g.
No Village approval is required for temporary structures located on a lot: 1) for which the primacy use is residential or a religious institution; 2) located in the P Public Open Space-Recreation-Park Zoning District; or 3) located in the S School Zoning District.
3.09 Yards, general.
(1)
The minimum yard space required under the terms of this Zoning Ordinance for one structure shall not again be considered as yard space for another adjoining structure.
(2)
No lot shall be reduced in area so that the yards or other open space and lot area become less than required by this Zoning Ordinance.
(4)
On a vacant through lot, both lot lines adjacent to a street shall be established as the front line, except that where two or more through lots are contiguous and a front line has been established by an existing principal building on the contiguous through lot, the same street line shall thereafter be deemed to be the front lot line.
3.10 Permitted obstructions in yards.
[Amended 2-7-2012 by Ord. No. 2012-2987; 7-15-2014 by Ord. No. 2014-3114; 11-20-2018 by Ord. No. 2018-3366; 11-2-2021 by Ord. No. 2021-3571]
(1)
Table 3.10.01 below (Permitted Obstructions in Yards) list items which are permitted in yards and the location (e.g. front yard) where they are permitted. A "P" denotes that an obstruction is permitted; a "—" denotes that the obstruction is prohibited.
[Amended 3-19-2024 by Ord. No. 2024-3767]
Table 3.10.01 Permitted Obstructions in Yards | ||||||
|---|---|---|---|---|---|---|
Yard | ||||||
Item | Front | Rear | Side | Corner Side | ||
Air-conditioning window units, provided they do not extend more than 2 feet from window | P | P | P | P | ||
Air-conditioning condensers and equipment, other than window units, provided that, when located on any residential property, they are at least 3 feet from side property lines, and when located on any nonresidential property, they are at least 10 feet from side property lines and at least 20 feet from an adjoining residential property owner's window | — | P | — | P | ||
Arbors and trellises, not in excess of 8 feet in height | — | P | P | P | ||
Architectural projections of sills, belt courses, cornices and ornamental features projecting nor more than 18 inches into a yard | P | P | P | P | ||
Awnings and canopies, projecting into a yard not more than 10% of the depth of front or rear yard or 25% of the width of side yard | P | P | P | P | ||
Backup electrical generator, provided they are at least 10 feet from all property lines | — | P | — | — | ||
Balconies projecting not more than four feet into the required yard and not more than four feet from the front building elevation or more than four feet from the rear building elevation | P | P | — | — | ||
Basketball hoop on nonrecreation land use, limited to one pole- or garage-mounted goal and shall be at least 5 feet from all property lines | P | P | — | P | ||
Bay windows, one-story and projecting 3 feet or less in the yard | P | P | P (Note 1) | P | ||
Chimneys projecting 24 inches or less into the yard | P | P | P | P | ||
Covered entry structure, located as part of a primary or secondary entrance, open on 3 sides, not to exceed 3 feet from building | P | P | P | P | ||
Decks, in a residential district, provided that they do not exceed required building setbacks | — | P | — | — | ||
Detached garages, provided that such accessory building shall not cover more than 30% of the required area of a rear yard | — | P | — | — | ||
Dish antennas | ||||||
Greater than 30 inches diameter | — | P | — | — | ||
Less than 30 inches diameter | — | P | P | — | ||
Ice rinks, seasonal, located not less than 10 feet from the property line and, when located in a required corner side yard, screened by evergreen plant materials of a height at least as high as the structure used to enclose the ice rink | — | P | — | P | ||
Fallout shelters, attached or detached | — | P | — | — | ||
Fences (pursuant to Section 3.13 of this article) | — | P | P | P | ||
Flagpoles | P | P | P | P | ||
Overhanging eaves and gutters projecting 36 inches or less into the yard and are not less than 2 feet from any lot line | P | P | P | P | ||
Patios in a residential district, located at least 4 feet from all side and rear property lines | P | P | P | P | ||
Playground equipment | — | P | — | — | ||
Porches, located at least 4 feet from all side and rear property lines | P | P | P | P | ||
Ramps for use by disabled persons | P | P | P | P | ||
Sheds, storage buildings, gazebos, etc. | — | P | P | — | ||
Solar panels | — | P | P | P | ||
Steps, open without roof | P | P | P | P | ||
Swimming pools, private, located not less than 5 feet from a lot line and 10 feet from the nearest overhead utility; swimming pools must be completely enclosed by fencing | — | P | — | — | ||
Television, radio towers or antennas, provided that they are at least 5 feet from all property lines as permitted in Section 3.12 of this article | — | P | P | — | ||
Tennis courts, volleyball, basketball, shuffleboard and other courts, private, provided not less than 10 feet from any property line or the minimum setback, whichever is more restrictive | — | P | — | — | ||
Terraces in a residential district, that are; (i) located at least four feet from all side and rear property lines, or 40% of the distance between the principal building to the rear lot line, whichever is less; (ii) located not more than four feet above the average level of the ground immediately beneath the terrace; and (iii) not more than 10 feet from the front facade of the principal building | P | P | P | P | ||
Window wells: not to exceed 3 feet from foundation wall | P | P | P | P | ||
Unique freestanding objects, specifically limited to decorative driveway columns, lampposts, and sculptures, as regulated pursuant to Section 3.10(2) of this article | P | — | — | P | ||
Note 1: Bay windows located in the interior side yard must maintain a minimum setback of five feet from side lot line. |
(2)
The unique freestanding objects specifically permitted pursuant to Section 3.10(1) of this Zoning Ordinance shall be subject to the following standards:
a.
Not more than one such unique object may be located on a zoning lot in either the front or the corner side yard. However, the Zoning Administrator may permit additional such unique objects if he or she determines that they are clearly and obviously intended to be compatible and complementary with one another.
b.
No such unique object may be located in a designated line of sight triangle established using the standard illustrated by Figure 3.xx in Section 3.13(9) of this Zoning Code for the intersection of a street and alley. This restriction shall also apply to the intersection of a street and a driveway.
c.
Such unique object must be set back at least one foot from all front and corner side lot lines, and at least three feet from interior side and rear lot lines.
d.
Such unique object must fit within a four-foot by four-foot area.
e.
Any unique object that has a height greater than four feet can be no wider than one foot in any dimension, with the exception of a light fixture at the top of a lamppost.
f.
No unique object may be animated or create the effect of animation.
g.
To the extent possible, such unique object must feature materials that are consistent and compatible with the primary structure on the property and the overall character of the neighborhood.
3.11 Trailers and mobile homes.
Trailers and mobile homes shall not be permitted in any district as accessory buildings, except when used as temporary offices or storage space incidental to construction of a building development for the period of time such construction is actively undertaken, and provided trailers and mobile homes used for such purposes are located on the same lot as the building development or on a lot contiguous thereto.
3.12 Towers, antennas, antenna support structures, personal wireless service facilities.
General guidelines for the siting of towers, antennas, antenna support structure and personal wireless facilities are found in Article X of this Zoning Ordinance.
3.13 Fences and natural screening.
[Amended 3-2-2013 by Ord. No. 2013-3044; 6-4-2013 by Ord. No. 2013-3055; 4-1-2014 by Ord. No. 3090; 10-5-2016 by Ord. No. 2016-3231; 2-20-2018 by Ord. No. 2018-3317B; 6-21-2022 by Ord. No. 2022-3620; 10-19-2022 by Ord. No. 2022-3639; 2-21-2023 by Ord. No. 2023-3660; 3-7-2023 by Ord. No. 2023-3666; 3-5-2024 by Ord. No. 2024-3762; 11-19-2024 by Ord. No. 2024-3804; 6-4-2025 by Ord. No. 2025-3838]
(1)
Purpose and scope. This Section 3.13 provides for the regulation of fences and natural screening throughout all zoning districts of the Village. This article encourages the residents and businesses of the Village to utilize natural screening over fencing whenever possible or to consider the use of an open, wrought iron type fences in conjunction with an evergreen hedge to achieve safety, privacy, and aesthetics for residences and businesses.
a.
Fences subject to special procedures. All applications received for the following fences shall be transmitted by the Zoning Officer to the Village Board of Trustees which shall determine whether the application will be heard before the Village Board of Trustees, the Traffic Commission, the Plan Commission/Zoning Board of Appeals or some other committee or commission designated by the Village Board of Trustees to hold a public hearing on the application. Due to unique use or location the following types of fences are subject to the procedural regulations in this Section 3.13(1)a in the manner set forth below:
i.
Fences used for the purposes of screening for other than individual residences or businesses along Edens Expressway.
ii.
Fences used for the purposes of screening highways, streets and roadways for other than individual residences or businesses in the following locations:
(a)
The west side of McCormick Boulevard from Pratt Avenue to Albion Avenue.
(b)
The east side of Cicero Avenue from Pratt Avenue to Lunt Avenue.
(c)
The west side of Hamlin Avenue from Touhy Avenue to Jarvis Avenue.
(d)
Devon Avenue from Edens Expressway west to Longmeadow Avenue.
(e)
The south side of Jarlath Avenue between the north/south alley lying to the east of Crawford Avenue and then running east to the north/south alley lying to the west of East Prairie Road.
iii.
Non-masonry fences used for the purposes of screening refuse enclosures for nonresidential or for multiple residential (more than two dwelling units) uses. Applications for this type of fence shall be processed as determined by the Zoning Officer.
b.
Certain natural screening excluded from these regulations.
i.
Natural screening existing at the time of the adoption of this Section 3.13 so long as the natural screening is maintained in good health and is well maintained (e.g., wood is properly pruned to remove dead branches and members) and so long as the existing natural screening:
(a)
Does not present a safety hazard or obstruct vision for the safe ingress and egress from driveways;
(b)
Does not present a safety hazard or violate the Village's line of sight regulations as set forth in the Village Code of Ordinances;
(c)
Does not inhibit the movement of pedestrian traffic upon public sidewalks.
ii.
Landscape vegetation that is located at the base, or within 10 feet, of any facade of a single-family residential building.
iii.
Individual plantings of trees, bushes, flowers and grasses that do not constitute natural screening and which do not present a safety hazard or obstruct vision for the safe ingress and egress from driveways.
c.
All fences not specifically regulated under this Section 3.13 and not the subject of other regulatory action on the parcel, shall be subject to site plan review by the Zoning Officer.
d.
All fences and natural screening not specifically regulated under this Section 3.13, but being the subject of other legislative action on the parcel (e.g., variation, special use planned unit development, exemption), shall be submitted to the Plan Commission/Zoning Board of Appeals for review and recommendation to the Village Board.
(2)
Conformance required. Notwithstanding the legal nonconforming use continuation provisions set forth herein in Article IX, the issuance of a demolition permit for the principal structure for the lot on which a fence is located shall require any preexisting fence or natural screening on that lot which is not in conformance with the regulations set forth in this Section 3.13 to be brought into conformance with standards set forth in this Section 3.13.
(3)
Variations. Variations to these regulations may be sought by a petitioner through the procedures set forth in this Section 3.13, with a public hearing by the Plan Commission/Zoning Board of Appeals, or if so determined by the Zoning Officer or so directed by the Village Board of Trustees, the public hearing shall be held by some other committee or commission designated by the Village Board of Trustees to hold a public hearing on the application. Final action on all variations shall be by the Village Board of Trustees.
(4)
Permit requirements; permit applications. The following regulations shall apply to all fences erected, constructed, installed, or replaced after the effective date of this regulation:
a.
Installation of new, relocation of more than 10% of existing, and replacement of more than 25% of fencing on a given lot, requires the submission of a permit application and issuance of a permit by the Village Community Development Department.
b.
Applications for fence permits shall contain the application form, a survey of the parcel with current structures and important features shown, photographs of adjoining property taken from the applicant's property to show the view into the neighbor's property, and any other photographs deemed necessary by the Village Community Development Department.
(5)
Harmony and compatibility of fences. For aesthetic purposes, as well as maintaining property values, it is desirable that the appearance, structure, and design shall be compatible and in harmony with other fences in the Village, particularly in the neighborhood and on adjacent and contiguous property. Uniformity of fences is desirable where two or more dwelling units are connected by a common wall. Fences for such separate dwelling units shall be of uniform height, material, type, color and design. The Zoning Officer may suggest changes or recommendations to achieve these objectives. If the applicant for a fence permit refuses to make such changes, the fence permit application and drawing shall be reviewed by the Plan Commission/Zoning Board of Appeals.
(6)
Materials and appearance. The following regulations shall apply to all fences erected, constructed, installed, or replaced, after the effective date of this Zoning Ordinance.
a.
Fencing shall not be painted or stained bold, harsh, or disruptive patterns or combinations of colors. All paint or stain used on fencing material shall be compatible with the paints and stains used on the structures on the lot where the fence is located and the fences and structures in the surrounding neighborhood.
b.
Chain link fence installed in a residential district shall be color-coated in black, dark bronze, dark green or any other dark color as approved by the Zoning Officer. Uncoated or galvanized chain link fences shall not be installed in residential districts on or after the effective date of this Section 3.13. However, this regulation shall not apply to chain link or open-mesh-type fences accessory to public parks, municipal recreation areas, public schools, and municipal or governmental property.
c.
Unacceptable natural screening is not permitted.
d.
No fence may be composed of any unacceptable fence material; provided, however, that fences may be composed of the following materials:
i.
Trex; or
ii.
Polyvinyl chloride (PVC), but only in compliance with the following:
(a)
The PVC must be made from a single batch of PVC resin and additives (i.e., mono-extrusion);
(b)
The PVC must include ultraviolet inhibitors:
(c)
The posts and horizontal components of the fence must have a minimum thickness of 0.120 inch;
(d)
The bottom rails of the fence must include internal metal rails for reinforcement;
(e)
The fence must include routed-in pickets and posts; and
(f)
The fence may not be a solid fence.
(7)
Signage. Signage on fences shall comply with the regulations set forth in Article XI of this Zoning Ordinance.
(8)
Special fences; preexisting masonry fences: landscape terrace walls; decorative wrought iron fences, through lot fences. Special fences are those which have a greater potential than permitted fences to have an adverse impact upon the surrounding neighborhood. Special fences may be appropriate in some locations and inappropriate in other locations. The following fences may be allowed by special fence authorization in accordance with this Section 3.13 where the Plan Commission/Zoning Board of Appeals finds that a special fence is appropriate at the location requested. The Plan Commission/Zoning Board of Appeals may recommend, and the Board of Trustees may impose conditions, terms and restrictions in addition to those set forth herein as a condition of granting special fence authorization.
a.
The following types of fences shall be special fences:
i.
Brick walls, masonry fences, and stone walls.
ii.
Masonry enclosures.
iii.
Landscape terrace walls of stone or masonry construction, over 30 inches in height.
iv.
Decorative wrought iron fences.
v.
Through lot fences, except to the extent specifically permitted pursuant to Section 3.13(11)j of this Zoning Code.
vi.
Natural screening on public rights-of-way, utility easements, or Village property installed and maintained by private individuals at their expense, but only if the natural screening is set back at all times not less than: five feet from all hydrants, utility poles, and similar installations; three feet from all sidewalks; and five feet from the curbline of a street.
vii.
(Reserved)
viii.
Operable barriers or gates intended to restrict access to off-street parking lots located on lots that are not located in a residential district, and only upon a showing by the applicant of a specific need for the barriers or gates, based upon the characteristics of the subject property or its use.
b.
Those items set forth in (8)a.(i) through (vi) above, which were legally in existence at the time of enactment of this Section 3.13, may continue to exist, so long as they are maintained in good condition, do not pose a safety hazard and conform to the line of sight regulations as set forth in the Village Code. Notwithstanding the foregoing, special fences are subject to the provisions relating to fence replacement (as defined in Article II, Rules and Definitions), permit requirements [Section 3.13(4)] and replacement, relocation and repair requirements [Section 3.13(23)].
(9)
Location and orientation of fences and natural screening.
a.
Line of sight distance required. Any person erecting, constructing, installing, or replacing a fence and planting or replacing a natural screen shall ensure that adequate sight distance is provided at the intersection of two alleys, or a street and an alley, or the intersection of two streets. (See Figures x and xx following.)
b.
The front face of a fence shall be directed toward adjacent residential property or streets. However, where a fence is located on a lot line that abuts an alley, the Valley Line Trail, the Union Pacific Trail, or the Commonwealth Edison Easement immediately east of the Valley Line Trail, the front face of the fence may be oriented toward the fence owner's property.
c.
Fencing shall not be allowed in front yards, except as provided in this section.
d.
Permitted interior side yard fencing, or corner side yard fencing as permitted by Section 3.13(11)h, shall be set back from the front facing facade of the principal building by three feet or more.
e.
On a corner lot, fencing must: i) be aligned with the front facing facade or any other street-facing facade of the principal building, unless specifically permitted to encroach into the corner side yard pursuant to Section 3.13(h) of this Zoning Ordinance; and ii) maintain a minimum setback in conformance with the line of sight requirement as set forth herein.
f.
(Reserved)
g.
A fence or natural screen shall be properly located and shall not encroach upon the property of another, nor on the public right-of-way, except as may be approved as a special fence pursuant to Section 3.13(8) of this Code. Owners and installers of fences and natural screening are jointly and severally responsible for installing such materials in the proper location. The Village will not be responsible for any improperly located fence or natural screening.
Line of Sight Triangle for Shrubbery, Hedges and Tree Ordinance at Intersection of Two Streets  Figure 3.x |
Line of Sight Triangle for Shrubbery, Hedges and Tree Ordinance at Intersection of a Street and the Alley  Figure 3.xx |
(10)
Maintenance of fences and natural screening.
a.
All fencing whether installed prior to or after the effective date of this Zoning Ordinance, shall be maintained in a safe, structurally sound, and aesthetically pleasing manner by the owner or occupant of the property where the fence is located, and it shall be repaired as required, in compliance with the provisions of this regulation.
b.
The owner of a fence and the owner (if not the same person or entity) or lessee of the premises on which such fence is located shall be jointly and severally liable to maintain such fence in a neat and orderly condition at all times and to prevent the development of rust, corrosion, rotting or other deterioration in the physical appearance or safety of such fence. (This regulation does not include the natural weathering appearance of uncoated wood fences that are designed to look weathered.)
c.
All fences regulated herein shall be properly painted or stained (including all parts and supports) when necessary, unless the same are coated, galvanized or otherwise treated to prevent rust or deterioration or the initial installation of the fence was designed using natural materials with natural weathering taking place over time.
d.
Natural screening. All natural screening, including natural screening installed before and after the effective date of this amendment, shall be maintained in a safe and aesthetically pleasing manner by the owner or occupant of the premises where the natural screening is located. This provision does not prevent the removal without replacement of unacceptable natural screening or damaged, unsightly, or disease ridden plants. For example, dead plants removed from within a hedgerow, need not be replaced in order to conform to this regulation.
(11)
Fence types and height in residential districts.
a.
Solid fences shall not be allowed in residential districts except as provided for herein below.
b.
Open fences and semiprivate fences, shall not be more than six feet in height as allowed in rear and side lot lines of rear yards. Notwithstanding the foregoing, chain link fences shall not exceed four feet in height as may be erected in rear and side yards.
c.
Open fences of all types allowed by this regulation not more than four feet in height are allowed in side yards. Notwithstanding the foregoing wrought iron fences, as defined herein, up to a maximum six feet in height, may be erected in rear and side yards.
d.
Open fences enclosing a dog run in a rear yard only may be not more than six feet in height, provided it is not less than 20 feet from an adjoining lot or street right-of-way. Dog runs on residential lots are subject to all applicable regulations designed to restrict noxious sounds, odors and other nuisances.
e.
Open fences and semiprivate fences not shorter than five feet nor higher than six feet shall enclose any rear yard containing a swimming pool (above ground or in-ground) which is designed to hold more than 300 gallons of water. Any gate shall include "self-closing" and "self-latching" features.
f.
Solid fences or semiprivate fences may be erected in a rear yard not more than six feet in height above natural grade around the immediate boundaries of an erected deck, recreational water tub or swimming pool, for the purpose of securing privacy and when located not less than five feet from a lot line. Any gate shall include self-closing and self-latching features.
g.
Except for fences located in corner side yards, open and semiprivate fences not more than six feet in height may be erected in a rear yard but only to a line which is perpendicular to the rear face of the residence.
h.
On a corner lot open and semiprivate fences not more than four feet in height may be erected in a corner side yard but only to a line which is perpendicular to the rear face of the residence and shall align with the front facing facade, with the following exceptions:
i.
A six-foot-tall semiprivate fence may be erected within a corner side yard that abuts Touhy Avenue, McCormick Boulevard, Devon Avenue, Crawford Avenue, or Cicero Avenue, but only on a property used for residential purposes. The fence may enclose the entirety of the corner side yard.
ii.
A four-foot-tall semiprivate fence may be erected within a corner side yard that abuts Pratt Avenue, in a manner that encloses that portion of the corner side yard between the rear corner of the principal structure and the rear lot line, but only on a property used for residential purposes.
iii.
A four-foot-tall open fence may be erected within a corner side yard, so long as a five-foot setback is maintained from the corner side yard property line, with screening shrubs installed along the entire length of and on the street side of the fence, but only on a property used for residential purposes. The fence may enclose the entirety of the corner side yard.
i.
Solid fences not more than six feet in height may be erected in a rear or side yard along a lot line which abuts an alley, a lot line of a lot in a business district, or a lot in a residential district used for nonresidential use. Solid fences not more than seven feet in height may be erected in a rear or side yard along a lot line which abuts a lot line of a lot in a manufacturing district. Notwithstanding any provision of this Zoning Ordinance to the contrary, within any Residential District, solid fences not more than eight feet in height and made of any material permitted by this Zoning Ordinance may be erected by right in a rear or side yard along a lot line which abuts the west side of the Valley Line Trail right-of-way, but only if all portions of such fence are set back at least 30 feet from any existing principal structure on another lot.
k.
Masonry enclosures for courtyards (e.g., for privacy, recreation, equipment screening, trash enclosures or dining, etc.) within the buildable envelope space of a lot, shall not exceed five feet in height in front facing yards and six feet in height inside or in rear facing yards. Such masonry enclosures shall be considered a special fence and are subject to the special fence procedures as set forth in this Section 3.13.
(12)
Natural screening in residential districts.
a.
Natural screening may be installed in rear and side yards, without restriction to height, provided such screening does not obstruct the Village line of sight distance regulations.
b.
Natural screening may be installed on a corner lot side yard in accordance with the following:
i.
The screening shall be set back a sufficient distance from the side lot line to allow it to be maintained when in its mature state so as to not obstruct the walking and traveling public upon Village sidewalks.
ii.
Where the front facing design facade of the residence (the side containing the main entrance) faces the corner lot side yard (as opposed to the front yard), the screening shall be restricted and maintained to no more than four feet in height for the area bounded by a line extended parallel to the rear elevation of the principal building; a line extended parallel to the front elevation of the principal building; the corner lot side property line; and the facade of the building facing the corner lot side yard. In all other corner lot side yard locations, the screening shall be restricted and maintained to no more than eight feet in height.
(13)
Fence types and height in business districts.
a.
Fences not more than six feet in height are allowed in rear yards.
b.
Solid fences not more than six feet in height are required in rear yards that abut a residential lot, unless the lots are separated by an alley.
c.
Solid masonry fences not more than eight feet in height may be allowed where a lot located in a business district abuts the lot line of a lot located in a residential district lot or another lot located in a business district. However, such fences are subject to the prior review by the Plan Commission/Zoning Board of Appeals and the prior approval by the Village Board.
d.
Open fences not more than five feet in height or wrought iron fences not more than six feet in height are allowed in side yards, but not on corner lot side yards.
e.
On a corner lot, semiprivate fences not more than four feet in height may be erected in a corner side yard or wrought iron fences not more than six feet in height but only to a line which is perpendicular to the rear face of the building and shall align with the front facing facade.
f.
Masonry enclosures for court yards (e.g., for privacy, recreation, equipment screening, trash enclosures or dining etc.) within the buildable envelope space of a lot, shall not exceed five feet in height in front facing yards and six feet in height inside or rear facing yards. Such masonry enclosures shall be considered a special fence and are subject to the special fence procedures set forth in this Section 3.13. Notwithstanding the foregoing, these regulations shall not apply to masonry screening of off-street parking lots.
g.
Refuse and recycling dumpster enclosures shall be constructed to reduce visibility to adjoining property and the traveling public and if not a special fence pursuant to the immediately preceding Paragraph (f) shall be located at the direction of the Zoning Officer.
(14)
Natural screening in business districts.
a.
Natural screening may be installed in rear, side, and corner lot side yards without restriction to height except that such natural screening shall not create a safety hazard, shall comply with the Village line of sight regulations, and shall not obscure sight lines at the ingress and egress point of any lot. The Zoning Officer shall determine the safety of the location of such screening.
b.
Natural screening is encouraged in front yard locations, when screening parking areas on the lot from public view, but such screening shall be restricted to not more than four feet in height. Any such screening shall not create a safety hazard for either drivers or pedestrians, shall comply with the Village line of sight regulations, and shall not obscure sight lines at ingress and egress points, and drive aisles, of any lot.
(15)
Fences in manufacturing districts.
a.
Solid fences not more than seven feet in height are allowed in rear yards, and side yards, but not in corner lot side yards.
b.
On a corner lot, semiprivate fences not more than four feet in height may be erected in a corner side yard or wrought iron fences not more than six feet in height but only to a line which is perpendicular to the rear face of the building and shall align with the front facing facade.
c.
Fence height in M (Manufacturing) District shall not exceed seven feet unless the Plan Commission/Zoning Board of Appeals recommends and the Board of Trustees grants a variation from the applicable regulation.
(16)
Natural screening in manufacturing districts.
a.
Natural screening is encouraged in front yard locations, when screening parking areas on a lot from public view, but such screening shall be restricted to not more than four feet in height. Any such screening shall not create a safety hazard for either drivers or pedestrians, shall comply with the Village line of sight regulations, and shall not obscure sight lines at ingress and egress points, and drive aisles of any lot.
b.
Natural screening may be installed in rear, side, and corner lot side yards without restriction to height except that such natural screening shall not create a safety hazard, shall comply with the Village line of sight regulations, and shall not obscure sight lines at the ingress and egress point of any lot. The Zoning Officer shall determine the safety of the location of such screening and a permit shall be obtained prior to installation of natural screening in these locations.
(17)
Governmental uses. The height regulations set forth herein shall not apply to open-mesh-type fences accessory to public parks, municipal recreation areas, and municipal sites.
(18)
Public utilities and communications providers. Security fencing for telecommunications facilities shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an acceptable anti-climbing device or design; provided, however, that the Plan Commission/Zoning Board of Appeals may waive such requirements, or place conditions on said requirements as deemed appropriate in the interest of the health safety and welfare of the Village.
(19)
Construction standards. All fences shall be constructed in accordance with the Village of Lincolnwood fence construction standards maintained by the Village.
(20)
Natural screening material.
a.
Natural screening in front yards.
i.
In residential districts bushes in excess of 30 inches in height comprising a hedge forming a natural screen as of the effective date of this Zoning Ordinance and which are located in the front or side corner lot, may remain so long as the bushes do not violate the safety visibility triangle, are in a healthy condition, and are kept maintained. Bushes which are dead, diseased, unsightly or create a safety hazard must be removed from such a hedge, and once removed may not be replaced.
ii.
Natural screening hedges may be planted so long as they do not obstruct sidewalks, are planted on private property, not the public parkway, do not exceed 30 inches in maintained height, and are not a safety hazard; provided, however, that: a) for properties located across a public right-of-way from a property located in a commercial, office, or industrial zoning district, and improved with a single-family residential structure, natural screening in front yards may be maintained to a height of not more than six feet; and b) natural screening in front yards of corner lots may be maintained to a height of not more than eight feet. Natural screening hedges planted on corner lots may only be comprised of plants that are unlikely to grow into the line-of-sight triangle required by this Code, as determined by the Village Arborist. The Village Arborist shall develop and maintain a list of all such plants that he or she determines to be unlikely to grow into the line-of-sight triangle required by this Code.
b.
Safe passage. A fence or natural screening shall not impede the safe passage of pedestrian traffic on sidewalks.
c.
Natural screening in corner lot side yards. Natural screening hedges planted on corner lots may only be comprised of plants that are unlikely to grow into the line-of-sight triangle required by this Code, as determined by the Village Arborist. The Village Arborist shall develop and maintain a list of all such plants that he or she determines to be unlikely to grow into the line-of-sight triangle required by this Code.
(21)
Electrified fences prohibited. Electrified fences or fences consisting of a wire or wires charged with electric current are prohibited.
(22)
Nonconforming fences.
a.
Removal of nonconforming fences. All nonconforming fences that are not legal nonconforming fences shall be removed or shall be made to conform to these regulations set forth in this Zoning Ordinance.
b.
Continuation of legal nonconforming chain link fences. All chain link fences located in residential districts that do not conform to the regulations set forth herein which were legal nonconforming fences prior to the adoption of this Section 3.13, may remain, so long as said legal nonconforming fence is maintained in a safe, neat and orderly condition as required herein. Failure to properly maintain a legal nonconforming chain link fence as required herein, shall be cause for Village to initiate violation proceedings to either repair or remove the fence at the violator's expense.
(23)
Repair and replacement of legal nonconforming fences.
a.
Legal nonconforming fences that require more than 10% to be relocated or more than 25% to be replaced or more than 50% to be substantially repaired on a given lot, because of maintenance issues or by other action of the occupants or owner of the lot, will be required to comply with these regulations or to seek a variation from them.
b.
Any replacement, relocation, or repair of a legal nonconforming fence shall neither increase the height beyond the maximum permitted fence height nor increase the fence capacity as regulated.
c.
Any replacement, relocation, or repair of a legal nonconforming fence or natural screening shall ensure that adequate sight distances at a street or alley intersection is provided. (See Figures x and xx.)
d.
Any repair to or replacement of a legal nonconforming fence shall be completed within six months of the date that the Village grants a permit for such action. If the repair, relocation or replacement is not completed, the fence shall lose its legal nonconforming status, and all characteristics of the fence must conform to the Village regulations. The Zoning Officer may grant one six-month extension upon a written request by the property owner and finding that extenuating circumstances warrant the extension.
(24)
Variations from the requirements of this section.
a.
Processing. fence variations shall be processed in the same manner as all other variations as set forth in Article V of this Zoning Ordinance, except that the following specific regulations shall apply to fence variations and if in conflict with the procedures governing variations as set forth in Article V, the regulations set forth in this section shall prevail for the processing of fence variations.
b.
A fence variation from the provisions or requirements of this section may be recommended to the Board of Trustees where the Plan Commission/Zoning Board of Appeals finds:
i.
The literal interpretation and strict application of the provisions and requirements of this article would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building parcel or property in question or pertaining to some aspect of the proposed fence or in its relation to other objects;
ii.
The granting of the requested fence variation would not be materially detrimental to the property owners in the vicinity;
iii.
The unusual conditions applying to the specific property do not apply generally to other properties in the Village;
iv.
The granting of the fence variation would not be contrary to the general objective of this section; and
v.
The alleged hardship has not been created by any person presently having a proprietary interest in the subject fence (or property).
c.
No variations will be permitted from the requirements of this section:
i.
Where the effect of a variation would be to cause a fence or any portion thereof to encroach in, on, over, under, or above the public right-of-way.
ii.
Where a fence height of greater than six feet is sought for a fence in a residential district unless such fence is located in a rear or side yard along a lot line which abuts a lot line of a lot in a manufacturing district.
d.
Where there is insufficient evidence to support a finding of undue and unnecessary hardship under the immediately preceding subsection (b), but some hardship does exist, the Plan Commission/Zoning Board of Appeals may consider the requirement fulfilled and recommend favorable action to the Board of Trustees if the proposed fence substantially enhances the architectural integrity of the building, or the fence is in conformity with nearby structures.
e.
The Plan Commission/Zoning Board of Appeals may recommend, and the Board of Trustees may impose, such conditions and restrictions upon the subject fence, the location, the character, and other features of the proposed fence, and use of the property or premises benefited by a fence variation as may be deemed necessary to assure compliance with the standards set forth in this section, to reduce or minimize the effect of such fence variation upon other property in the neighborhood, or to implement the general purpose and intent of this Section 3.13.
(25)
Special fence procedures.
a.
Processing. Special fence applications shall be processed in the same manner as special uses as set forth in Article V, Part D of this chapter, except that the following specific regulations shall apply to special fences and if in conflict with the procedures governing special uses as set forth in Article V, the regulations set forth in this section shall prevail for the processing of applications for special fences.
b.
The Plan Commission/Zoning Board of Appeals shall not recommend to the Board of Trustees that a special fence permit be granted unless it makes findings of fact based upon evidence presented at the hearing in any given case that:
i.
The special fence will serve the public convenience at the location of the subject fence; or that the establishment, maintenance or operation of the special fence will not be detrimental to or endanger the visibility, public safety, comfort or general welfare.
ii.
The special fence will be in harmony and scale with the architecture of the building in this development and with other fences in the neighborhood.
iii.
The special fence will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purpose already permitted; nor substantially diminish and impair the visibility of adjacent property.
iv.
The nature, location and size of the special fence will not impede, substantially hinder, or discourage the installation of fences on adjacent property in accordance with the Fence Ordinance.
c.
The Plan Commission/Zoning Board of Appeals may recommend the imposition of such conditions and restrictions upon a special fence, the location, the construction, design, time duration, and use of the property or premises benefited by the special fence as may be deemed necessary to assure compliance with the standards set forth in this article, to reduce or minimize the effect of such special fence upon other property in the neighborhood, or to implement the general purpose and intent of this Fence Ordinance. A special fence will not be permitted where any portion of such special fence encroaches in, on, over, under or above the public right-of-way.
d.
After the close of the public hearing on a special fence, the Plan Commission/Zoning Board of Appeals may recommend to the Board of Trustees the granting of a special fence permit in accordance with its findings regarding the standards for special fences.
e.
The terms of the special fence ordinance so granted shall be specifically set forth in a conclusion or statement which is supported from the findings of fact of the Plan Commission/Zoning Board of Appeals. The subject property for which the special fence has been granted shall not be used in violation of the specific terms and the findings of fact unless such use is allowed by further findings of fact or additional approval, pursuant to additional hearings and appeal therefor.
(26)
(Reserved)
(27)
Emergency procedures; nuisance abatement. In the event that a violation of this section is creating an imminent threat of serious injury to persons or serious damage to persons or real property and the continuation of the violation poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, an officer of the Village possessing police powers may abate the nuisance creating the violation. Provided further that whenever the owner, occupant, agent or person in possession, charge or control of the lot upon which the violation is occurring is unknown or cannot readily be found, a Village officer possessing police power may proceed to abate such nuisance without notice. Where the abatement of the nuisance requires continuing acts by the corporate authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as reasonably possible. Any costs incurred by the Village in performing emergency work under this section shall be a lien upon the real estate so affected after the Village files a notice of said lien in the office of the Cook County Recorder of Deeds.