4.1-1

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

4.1-2

Where the conditions imposed by any provision of this ordinance upon the use of land or buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this 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.

4.1-3

This ordinance is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this ordinance are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this ordinance shall govern.

4.1-4

No building, structure, or use which was not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance; and to the extent that, and in the manner that, said unlawful building, structure, or use is in conflict with the requirements of this ordinance, said building, structure, or use remains unlawful hereunder.

It is hereby declared to be the intention of the Village Board of the Village of McCullom Lake that the several provisions of this ordinance are separable, in accordance with the following:

4.2-1

If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment.

4.2-2

If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this ordinance to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this ordinance which are applicable to the districts in which such buildings, uses or land shall be located.

Where, however, a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this ordinance, and provided that construction is begun within one (1) year from such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and, further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated - subject thereafter to the provisions of Section 4.8 (Nonconforming Buildings, Structures and Uses).

Not more than one (1) principal detached residential building shall be located on any lot, nor shall a principal detached building be located on the same lot with any other principal building.

In the following cases:

a.

when any building or structure is hereafter erected or any use of land hereafter established; or

b.

when the intensity of use of any building or structure, or premises, is increased; or

c.

when any existing use of a building or structure is changed or converted to a new one;

off-street parking and loading facilities shall be provided as prescribed in Section 9 of this ordinance.

4.6-1

Regardless of the other provisions of this ordinance, in all classifications and in all districts there shall always be sufficient ground area left unoccupied by a building structure or paving for a proper system of sewage disposal and water supply conforming with the standards and requirements of any ordinance or code of the Village of McCullom Lake and all amendments thereto, and such other requirements as may be imposed by the State of Illinois or other affected governmental body.

4.6-2

Plot plans accompanying building permit applications shall show clearly the proposed sewage disposal system and well locations, if any.

4.7-1

Where a use is classified as a special use under this ordinance, and exists as a special or permitted use at the date of the adoption of this ordinance, it shall be considered to be a legal special use.

4.7-2

Where a use is not allowed as a special or permitted use under this ordinance, and exists as a special use at the date of the adoption of this ordinance, it shall be considered to be a non-conforming use and shall be subject to the provisions of Section 4.8 hereof.

Any non-conforming use, building or structure which existed lawfully at the date of the adoption of this ordinance and which remains non-conforming, and any such use, building or structure which shall become non-conforming upon the date of the adoption of this ordinance or any subsequent amendment hereto, may be continued or converted to a conforming use, subject to the following conditions:

4.8-1

Normal maintenance of a building or other structure containing a non-conforming use is permitted. Such maintenance may include structural and incidental repairs necessary to make said building or structure safe for use as a residence or business. Provided, however, where any non-conforming use is a use permitted only in an M-1 or M-2 Manufacturing District, no structural or incidental repairs shall be made on such building which would prolong the life of the supporting members of a building or structure. Supporting members shall include but not be limited to the following: weight-bearing walls, columns, beams or girders.

4.8-2

No such non-conforming building or structure shall be moved in whole or in part to any new location, unless made to conform to all regulations of the district to which moved.

4.8-3

Damage and Destruction. If a building or other structure containing a non-conforming use is damaged or destroyed by any means to the extent of fifty percent or more of its replacement value, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district. In the event the damage or destruction is less than fifty percent of its replacement value, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

In either event, restoration or repair of the building or other structure must be started within a period of one year from the date said building is damaged and diligently prosecuted to completion. Provided, however, that where restoration of a building or structure, which is damaged less than fifty percent of its replacement value, is not begun within one year from the date said building is damaged, that structure or building can be rebuilt or used only for a conforming use in compliance with the provisions of the district in which it rests.

For purposes of this subsection, replacement value shall be based upon the then current prevailing costs.

4.8-4

Any non-conforming building or structure which is or hereafter becomes vacant and remains unoccupied or is not used for a continuous period of six months shall not thereafter be occupied or used except by a use which is conforming.

4.8-5

Any non-conforming use which is discontinued for a period of six months shall not be renewed.

4.8-6

No non-conforming building or structure or use shall be enlarged, expanded or extended, nor shall any such building, structure or use be changed to another non-conforming use.

4.8-7

Zoning of Annexed Land. Any territory annexed to the Village of McCullom Lake shall be automatically classified as R-2 One-family Dwelling District until otherwise reclassified by amendment; except that if pursuant to Chapter 24 of the Illinois Revised Statutes, 1963, an annexation agreement is entered into and executed which, among other things, provides that territory shall be annexed to the Village of McCullom Lake, and that such territory shall upon annexation without further procedure be classified under this ordinance as a District of a class specified in said annexation agreement, such territory shall upon annexation to the Village of McCullom Lake be so classified under this ordinance without further procedure; provided, however, that before the corporate authorities of the Village of McCullom Lake adopt a resolution or ordinance directing the execution of any such annexation agreement, the Board of Trustees shall hold a public hearing on such classification of such territory, in accordance with Sections 16.4-1 through 16.4-6.

(Ord. No. 312, § 2, 2-4-05)

4.9-1

Required Fences.

a.

Manufacturing and Commercial

A minimum 6' high 100% enclosed fence must be erected along the lot line of areas zoned manufacturing M-1 and M-2, where such lot lines abut residentially zoned property. The owner or developer of such manufacturing M-1 and M-2 zoned property shall be responsible for the erection of the required fence.

b.

Multi-family

A minimum 6' high 100% closed fence must be erected along the lot lines of areas zoned multi-family where such lot lines abut single family residential zoned land. The owner or developer of such multi-family property shall be responsible for the erection of the required fence.

1.

For the purpose of this section, multi-family is defined as any residentially zoned land that permits more than one family to live in a building or group of buildings and can be described as apartments, residential planned developments, duplexes, four-plexes, town houses, row houses, condominiums, or other like residential housing.

2.

This provision does not apply to single family residences erected as part of a planned unit development or residentially planned development where housing types are mixed to allow a variety of housing on the same land, except where said development abuts property zoned manufacturing.

c.

All swimming pools shall be enclosed by a fence with a minimum height of four (4) feet, equipped with a locking gate for use when the pool is unattended.

d.

Screening and Landscaping - All open off-street parking areas containing more than four (4) parking spaces shall be effectively screened on each side adjoining or fronting on any residential or institutional property by a wall or fence not less than five and one-half (5½) feet in height nor more than six (6) feet in height, or by a densely planted compact hedge not less than five and one-half (5½) feet in height, which hedge shall be of the required height at the time of planting. The provisions of this paragraph may be waived if in conflict with Section 4.9-1-b, 1 or 2, or Section 4.9-2-d.

The following fences, shrubs, hedges and walls are hereby prohibited:

a.

Barbed wire and electrically charged wire, except that barbed wire may be used on top of permitted fences in manufacturing districts.

b.

Snow fences, except for exclusive control of snow between November 1 and March 31 provided that snow fences shall be installed only on that portion of a lot which faces or abuts a road, street or highway.

c.

Chain link fences with barbed ends up, except as permitted fences in manufacturing districts.

d.

No fence, shrubbery, hedging or walls shall be permitted on any portion of any public right-of-way, nor shall same be placed or maintained so as to obstruct a clear view of private driveways, sidewalks or pedestrian walks.

No shrubbery, hedging or planting which interferes with clear vision shall be permitted at or near a street intersection in an area enclosed by a triangle each leg of which is a distance of thirty (30) feet, measured along each curb of the intersecting streets and from the point where said curb lines or extensions thereto intersect.

e.

A fence which has a height of more than 6', unless a variation is obtained through a public hearing before the Zoning Board of Appeals of the Village of McCullom Lake, except as provided for in this ordinance.

a.

No fence shall be erected in excess of six (6) feet above ground level or grade level along interior or rear lot lines, except that fences six (6) feet above ground or grade level may be erected in areas zoned manufacturing, and provided, further, that the regulations under this subsection (a) shall not apply to private patio fences.

b.

No fence shall be constructed or installed in any front yard closer to any street or roadway than the front building line, except that a fence may be installed to the property line along the rear lot line on lots adjoining a street or roadway.

c.

All tax levying districts and all bona fide, regulation size tennis courts shall be exempt from the height limitations of this ordinance.

d.

Patio privacy fences and trellises shall be permitted but shall not be placed nearer than ten (10) feet of any rear or side lot line and shall not exceed 8'6" in height.

e.

A dog enclosure or run shall be permitted only within rear yards and shall be constructed so as to not exceed eight (8) feet in height and shall not be larger than one hundred fifty (150) square feet. Only one dog run shall be allowed on any property and shall further be located at least ten (10) feet from any property line. Generally, dog enclosures or runs are kits that are sold for the specific purpose of housing or caging dogs. Residents may construct their own dog enclosures or runs provided that appropriate fencing material consisting of chain-link, heavy wire, or wood are used.

(Ord. No. 539, § 2, 9-28-21)

All provisions of the Building Codes of the Village of McCullom Lake are to be followed as they pertain to fences.

All fences heretofore lawfully constructed and not conforming to the provisions hereof are declared non-conforming uses and may be permitted to exist but shall not be reconstructed or altered and, if rebuilt, must conform to existing codes.

Fence Permit - A permit is required for the construction, installation or erection of all fences, except those permitted in Section 4.9-3, Paragraphs c and d, and is to be secured from the office of the building inspector. Permit fees are to be determined by action of the Village Board.