HomeMy WebLinkAboutOrdinances - MC-12-1049 - 04/02/2012 - AMEND CH 7 FENCE REGULATIONSORDINANCE NO. MC-12-1049
An Ordinance Amending City of McHenry Municipal Code
Chapter 7, Fence Regulations
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers
and functions as granted in the Constitution of the State of Illinois.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, MCHENRY COUNTY, as follows:
SECTION 1: That Chapter 7, Article XI Fences of the City of McHenry Municipal
Code, shall be amended be deleting it in its entirety and replace it with the following:
ARTICLE XI.
FENCES*
Sec. 7-141. Permit to erect; compliance with Article.
(a) No fence shall be erected in the City unless a permit is obtained in advance and unless
such fence is erected in compliance with the provisions of this Article within 90 days
after such permit is issued. An accurate sketch showing the proposed location of the
fence on the premises shall be famished to the Construction and Neighborhood Services
Department at the time application is made for the permit to erect a fence. No fence
permit shall be required for the installation of no more than two sections of fencing used
for decorative or landscape purposes only with a maximum height not to exceed 42-
inches.
(b) Fees for residential and non-residential fences as established in Section 7-3 herein. (MC-
02-809)
(c) Relief from Ordinance restrictions. Petitions for relief from the fence regulations herein
shall be heard and decided by the City Council. Notice must be given to the owners of
record of each parcel of real estate abutting or across a street or alley from any boundary
of the property affected by the application. The owners of record for this purpose shall
be considered those who paid property taxes for the most current year according to the
Township records or County Treasurer. A completed property owner/current resident
notification form provided by the city shall be attached to the application.
(d) Application filing fee for relief from fence ordinance restrictions. There shall be a $175
application filing fee.
* Cross reference — Fences for swimming pools, Sec. 22-20.
Sec. 7-142. Required fencing.
Hereafter, no occupancy permit shall be issued for or in connection with a residential dwelling
consisting of 2 or more dwelling units whose premises abut upon a railroad right-of-way, unless
the owner thereof constructs a chain link fence at least 6 feet in height along the entire length of
the common boundary line between the premises and said railroad right-of-way. (MC-88-442)
Sec. 7-143. General standards.
In addition to the standards prescribed in the following Sections of this Article, the following
standards shall be followed in connection with all fences:
(a) All fence posts and supporting fence members shall be erected so that after the fence is
constructed they will face to the interior of the premises for which the fence permit is
issued.
(b) All chain link fencing must be installed knuckle -side up. The use of spikes, broken glass,
or other sharp or pointed instruments or materials intended or likely to cause injury to any
person coming into contact therewith is prohibited.
(c) Electrified fences, snow fences, chicken wire, hog and farm -style fences are prohibited.
(d) No stone, masonry or concrete fence shall be constructed unless it is supported by a
foundation and footing which shall extend at least 42 inches below the finished grade of
the ground on both sides of the fence.
(e) Nothing contained in this Article shall be construed to restrict or limit the height of chain
link fencing for the enclosure of non-residential sport venues such as tennis courts,
baseball diamond backstops, etc.
Sec. 7-144. Standards for fences on residentially zoned lots. (MC-07-942)
The following standards shall apply to any site used for residential purposes:
(a) Front and Corner Side Yards: No fence shall be installed closer than the required front or
corner side yard setback established by the zoning district, except as follows:
Split rail fences may be installed in a front or corner side yard provided that the
maximum height of said fence shall not exceed 42 inches;
2. A fence in a corner side yard may be located no closer than fifteen feet from a corner
side lot line, except where a corner side yard abuts another comer side yard, the fence
may be located no closer than five feet from the comer side lot line; (See Attached
Diagram)
3. On a double frontage lot, a fence may be located in a required front yard abutting a
street, provided:
i) Said yard shall not provide a means of vehicular access to the site;
ii) No chain link or wrought iron/aluminum fencing shall be allowed; and
iii) Maximum height of fencing shall not exceed six feet.
(b) Side and Rear Yards: Fences in side and rear yards shall not exceed six feet in height,
except that where a residentiallot abuts any non-residential lot, a fence shall not exceed
eight feet in height.
(c) Obstructions: No fence shall obstruct the clear view of vehicular traffic using any
abutting streets or public ways.
(d) Use of Barbed Wire Prohibited. The use of barbed wire in residential zoned districts is
prohibited.
Sec. 7-145. Standards for fences on non -residentially zoned lots.
The following standards shall be followed in connection with fences constructed upon premises
used for non-residential purposes:
(a) No fence shall be installed closer than the required front or corner side yard setback
established by the zoning district, except as follows:
1. Split rail fences may be installed in a front or corner side yard provided that the
maximum height of said fence shall not exceed 42 inches;
2. A fence in a corner side yard may be located no closer than fifteen feet from a corner
side lot line, except where a corner side yard abuts another corner side yard, the fence
may be located no closer than five feet from the corner side lot line
(b) No fence shall exceed 8 feet in height from the ground level.
(c) The use of barbed wire is permitted only at heights in excess of 6 feet above the ground
level and all barbed wire supporting arms shall slope inward toward the premises for
which the fence permit is issued.
Sec. 7-146. Dangerous or encroaching fences. (MC-09-986)
It shall be unlawful for the owner, occupant or person in custody of any premises in the City
having a fence thereon, to permit such fence in a state or condition of any such disrepair which is
liable to cause injury to any person or to property, or which is liable to collapse, or which
encroaches upon or leans upon the premises of another. If one or more sections of a fence and/or
posts are removed because of damage, disrepair or otherwise the section(s) and/or post(s) must
be replaced with a fence similar in style, appearance and height consistent with the fencing
immediately adjacent to, on either side of, the piece being replaced so as to have a consistent line
of fence.
Sec. 7-147. Penalty for violation of Article.
Any person violating any of the provisions of this Article shall be subject to a fine of not less
than $25.00 or more than $750.00 per day. (MC-96-654)
Sec. 7-148 - 7-160. Reserved.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or
provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof,
which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts thereof in conflict are hereby repealed to
the extent of such conflict.
SECTION 4: This ordinance shall be in full force and effect upon its passage,
approval and publication in pamphlet form as provided by law.
Voting Aye: SANTI,GLAB,SCHAEFER,BLAKE,WIMMER,PETERSON,CONDON
Voting Nay: NONE
Not Voting: NONE
Abstaining: NONE
Absent: NONE
Passed and approved this 2nd day of April, 2012.
SIGNED: � "
Mayor
ATTEST: -(: C
Cit Clerk