No fence shall be erected or substantially altered in the village without a building permit issued therefor by the village building department upon payment of the required permit fee. (Ord. 1996-20, 7-9-1996)
5-12-2: PRIVATE FENCES ON PUBLIC PROPERTY:
No private fence(s) shall be allowed or constructed on public streets or highway rights of way. Fences may, by permit, be placed on public utility easements so long as the structures do not interfere in any way with existing underground, ground or overground 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 section may be summarily removed. (Ord. 1996-20, 7-9-1996)
5-12-3: PROHIBITED MATERIALS OF CONSTRUCTION:
A. No barbed wire or barbed wire fences shall be allowed on private property in residential zones or on lots in any zone being used for single- or multiple-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- or multiple-family purposes or on fences in front yards.
B. No fence 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. (Ord. 1996-20, 7-9-1996)
5-12-4: MAINTENANCE AND REPAIR:
All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable and attractive condition. If, on inspection by the zoning officer, any fence, in his determination, does not meet the requirements of this section, he shall order the owner or occupier of the premises, by registered or certified mail, to make the necessary repairs or improvements as directed or he shall be in violation of this code, and the village attorney shall cause a complaint to be issued and processed against said owner or occupier in accordance with rules of the circuit court of Grundy County or Will County, Illinois, where applicable. (Ord. 1996-20, 7-9-1996)
5-12-5: FENCES IN RESIDENTIAL DISTRICTS:
A. In single- and multiple-family residential zones, no fence may exceed four feet (4') in height above ground level in front yards. Fences along the side lines to the rear of the front yard and along the rear lot line may not exceed six feet (6') in height above ground level. On lot lines abutting the public right of way or residential property, the fence must face outward with support posts on the inside.
B. When any fence of six feet (6') in height is installed on any interior lot the fence shall not extend beyond the front building setback line as shown on the final plat of the subdivision. A fence extending beyond the building setback line into the front yard shall be a decorative fence. The fence shall be set back a minimum of one foot (1') from the sidewalk.
C. When any fence is installed in the front, side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property.
D. On all corner lots, any fence other than a decorative fence shall not extend beyond the building setback lines as established and recorded on the final plat(s) of all residential subdivisions. (Ord. 1996-20, 7-9-1996)
5-12-6: BUSINESS AND MANUFACTURING ZONES:
A. Except as permitted in subsections 5-7-2B4 and 5-8-2B3 of this title and subsection E of this section, fences may not exceed six feet (6') in height above ground level, and the use of barbed wire is prohibited; except, that one foot (1') additional of any fence along side or rear lot lines in these zones may be constructed of barbed wire. Barbed wire shall not be used, installed or constructed on fences fronting on any street.
B. When any fence is installed in the front, side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property.
C. No fence or wall shall be erected, constructed or maintained within the first fifty feet (50') from the front lot line. However, a decorative fence may be erected within the first fifty feet (50').
D. Fences shall be permitted in the required interior side yard or rear yard; provided, that the fence does not extend nearer to a lot line adjoining a street than the longest distance between such lot line and the nearest wall of the principal building or structure; in the case of corner lots, not beyond the front or street side line of the building or structure; and does not exceed a height of six feet (6'), except as permitted in subsections 5-7-2B4 and 5-8-2B3 of this title and subsection E of this section.
E. Screening which is required for swim and/or tennis clubs, private and public, shall not exceed a height of twelve feet (12'). (Ord. 2006-44, 11-28-2006)
5-12-7: ADJOINING DISTRICTS:
A. Fences installed as a screening between commercial and residential or between industrial and residential districts shall be of the same design, construction material, height and color. Height requirement is six feet (6') with a solid effect.
B. Where no fence exists at time of construction, the first developer to install such a fence will set the established guideline for both adjoining and other fences in the same district to follow.
C. All fences shall join together to provide continuity along the common lot line of commercial and residential or industrial and residential districts where a fence for screening is required.
D. All fences other than those intended for decorative or screening purposes shall be buffered with berming and/or landscaping.
E. Screening which is required for swim and/or tennis clubs, private and public shall not exceed a height of twelve feet (12'). (Ord. 1996-20, 7-9-1996)
5-12-8: NONCONFORMING FENCES:
Fences existing at the effective date hereof which are not in violation of section 5-12-4 of this chapter and are not located on public street and highway rights of way, but which violate any other section of this chapter may continue to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations would be continued. (Ord. 1996-20, 7-9-1996)
5-12-9: HEDGES:
Hedges, plantings, shrubbery, etc., when used as a screening, shall in no way obstruct the view of traffic at any intersection. On corner lots, no obstruction higher than thirty inches (30") above curb level shall be located within thirty feet (30') of the lot corner formed by the intersection of any two (2) street lines. If it is deemed to create a hazard, the owner must remove same upon notice from the zoning officer or chief of police within thirty (30) days of such notification. (Ord. 1996-20, 7-9-1996)
5-12-10: NUISANCE DECLARED; ABATEMENT:
Any fence which shall be erected or maintained contrary to the provisions of this chapter is deemed a nuisance, and it shall be the duty of the zoning officer and the chief of police to abate the same. (Ord. 1996-20, 7-9-1996)
Minooka City Zoning Code
CHAPTER 12
FENCES AND HEDGES
5-12-1: FENCE PERMIT REQUIRED:
No fence shall be erected or substantially altered in the village without a building permit issued therefor by the village building department upon payment of the required permit fee. (Ord. 1996-20, 7-9-1996)
5-12-2: PRIVATE FENCES ON PUBLIC PROPERTY:
No private fence(s) shall be allowed or constructed on public streets or highway rights of way. Fences may, by permit, be placed on public utility easements so long as the structures do not interfere in any way with existing underground, ground or overground 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 section may be summarily removed. (Ord. 1996-20, 7-9-1996)
5-12-3: PROHIBITED MATERIALS OF CONSTRUCTION:
A. No barbed wire or barbed wire fences shall be allowed on private property in residential zones or on lots in any zone being used for single- or multiple-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- or multiple-family purposes or on fences in front yards.
B. No fence 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. (Ord. 1996-20, 7-9-1996)
5-12-4: MAINTENANCE AND REPAIR:
All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable and attractive condition. If, on inspection by the zoning officer, any fence, in his determination, does not meet the requirements of this section, he shall order the owner or occupier of the premises, by registered or certified mail, to make the necessary repairs or improvements as directed or he shall be in violation of this code, and the village attorney shall cause a complaint to be issued and processed against said owner or occupier in accordance with rules of the circuit court of Grundy County or Will County, Illinois, where applicable. (Ord. 1996-20, 7-9-1996)
5-12-5: FENCES IN RESIDENTIAL DISTRICTS:
A. In single- and multiple-family residential zones, no fence may exceed four feet (4') in height above ground level in front yards. Fences along the side lines to the rear of the front yard and along the rear lot line may not exceed six feet (6') in height above ground level. On lot lines abutting the public right of way or residential property, the fence must face outward with support posts on the inside.
B. When any fence of six feet (6') in height is installed on any interior lot the fence shall not extend beyond the front building setback line as shown on the final plat of the subdivision. A fence extending beyond the building setback line into the front yard shall be a decorative fence. The fence shall be set back a minimum of one foot (1') from the sidewalk.
C. When any fence is installed in the front, side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property.
D. On all corner lots, any fence other than a decorative fence shall not extend beyond the building setback lines as established and recorded on the final plat(s) of all residential subdivisions. (Ord. 1996-20, 7-9-1996)
5-12-6: BUSINESS AND MANUFACTURING ZONES:
A. Except as permitted in subsections 5-7-2B4 and 5-8-2B3 of this title and subsection E of this section, fences may not exceed six feet (6') in height above ground level, and the use of barbed wire is prohibited; except, that one foot (1') additional of any fence along side or rear lot lines in these zones may be constructed of barbed wire. Barbed wire shall not be used, installed or constructed on fences fronting on any street.
B. When any fence is installed in the front, side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property.
C. No fence or wall shall be erected, constructed or maintained within the first fifty feet (50') from the front lot line. However, a decorative fence may be erected within the first fifty feet (50').
D. Fences shall be permitted in the required interior side yard or rear yard; provided, that the fence does not extend nearer to a lot line adjoining a street than the longest distance between such lot line and the nearest wall of the principal building or structure; in the case of corner lots, not beyond the front or street side line of the building or structure; and does not exceed a height of six feet (6'), except as permitted in subsections 5-7-2B4 and 5-8-2B3 of this title and subsection E of this section.
E. Screening which is required for swim and/or tennis clubs, private and public, shall not exceed a height of twelve feet (12'). (Ord. 2006-44, 11-28-2006)
5-12-7: ADJOINING DISTRICTS:
A. Fences installed as a screening between commercial and residential or between industrial and residential districts shall be of the same design, construction material, height and color. Height requirement is six feet (6') with a solid effect.
B. Where no fence exists at time of construction, the first developer to install such a fence will set the established guideline for both adjoining and other fences in the same district to follow.
C. All fences shall join together to provide continuity along the common lot line of commercial and residential or industrial and residential districts where a fence for screening is required.
D. All fences other than those intended for decorative or screening purposes shall be buffered with berming and/or landscaping.
E. Screening which is required for swim and/or tennis clubs, private and public shall not exceed a height of twelve feet (12'). (Ord. 1996-20, 7-9-1996)
5-12-8: NONCONFORMING FENCES:
Fences existing at the effective date hereof which are not in violation of section 5-12-4 of this chapter and are not located on public street and highway rights of way, but which violate any other section of this chapter may continue to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations would be continued. (Ord. 1996-20, 7-9-1996)
5-12-9: HEDGES:
Hedges, plantings, shrubbery, etc., when used as a screening, shall in no way obstruct the view of traffic at any intersection. On corner lots, no obstruction higher than thirty inches (30") above curb level shall be located within thirty feet (30') of the lot corner formed by the intersection of any two (2) street lines. If it is deemed to create a hazard, the owner must remove same upon notice from the zoning officer or chief of police within thirty (30) days of such notification. (Ord. 1996-20, 7-9-1996)
5-12-10: NUISANCE DECLARED; ABATEMENT:
Any fence which shall be erected or maintained contrary to the provisions of this chapter is deemed a nuisance, and it shall be the duty of the zoning officer and the chief of police to abate the same. (Ord. 1996-20, 7-9-1996)