HomeMy WebLinkAboutOrdinances - MC-15-1106 - 06/01/2015 - AMENDMENT TO ARTICLE XI FENCESORDINANCE NO. MC-15-1106
An Ordinance Amending the City of McHenry Municipal Code
Chapter 7, Article XI, Fences
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 by 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 furnished to the Department of Community & Economic
Development 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) Electrified fences, snow fences, chicken wire, hog and farm -style fences are prohibited.
(c) 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.
(d) 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:
1. Split rail, picket and wrought iron style fences may be installed in a required front
yard so long as the fence maintains a minimum of 50% opacity and the height of said
fence does not exceed 42 inches;
2. Any style fence may be installed in a corner side yard provided that the maximum
height of said fence shall not exceed 72 inches, is located no closer than five feet
from a corner side lot line, and providing that a clear line of sight for pedestrians and
vehicles is maintained;
3. On a double frontage lot, split rail, chain link, or wrought iron style fencing 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; and,
ii) Maximum height of fencing shall not exceed 72 inches.
(b) Side and Rear Yards: Fences in side and rear yards shall not exceed 72 inches in height,
except that where a residential lot abuts any non-residential lot, a fence shall not
exceed 96 inches 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 residentially zoned districts is
prohibited.
(e) 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.
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 96 inches in height from the ground level.
(c) Use of barbed wire. The use of barbed wire is permitted only at heights in excess of 72
inches above the ground level and all barbed wire supporting arms may either slope
inward, toward the premises for which the fence permit is issued, or outward, providing
the barbed wire fence is over 72 inches in height, and that no part of the arm or barbed
wire extends beyond the property line.
(d) Chain link fencing. Chain link fencing may be installed with or without the knuckle -side up.
Other than the installation of barbed wire per the regulation above, 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.
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), (MC-12-1049)
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:
Condon, Peterson, Wimmer, Curry, Schaefer, Santi
Voting Nay:
Glab
Not Voting:
None
Abstaining:
None
Absent:
None
Passed and approved this 15t day of June 2015.
SIGNED: a,-'-zz .13 2
ayor
ATTEST:'
Ci Clerk