The purpose of this article is to ensure the most appropriate development and improvement of each building site within the City and to protect the owners of the buildings erected thereon against such improper use of surrounding building sites as will depreciate the value of their property, to guard against the erection thereon of poorly designed or proportioned structures and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to ensure the highest and best development of said property; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets, and adequate free spaces between structures; and in general to provide adequately for a high type and quality of improvement in said property and thereby to enhance the values of investments made by purchasers of building sites therein and buildings erected thereon.
[Amended 6-22-2004 by Ord. No. 9-2004]
A garage may be erected upon each building site, not exceeding 18 feet in width and 22 feet in length. In no event shall the dimensions of the garage exceed 396 square feet. The garage should be located at least two feet from the driveway side lot line and five feet from the rear lot line, except when deemed impractical or an undue hardship by the Building Committee. Under no circumstances shall a garage be erected that extends beyond the building line of the adjoining property. No shed, shack or lean-to may be erected against the garage or residential unit or on any other portion of the building site, except that tool sheds may be permitted. The plan and location of any structure to be erected is first to be submitted to the Building Commissioner for a written permit before construction is started. The plan shall be required to show the location of the garage upon the lot and to show that the material used shall conform to the color, type, size and design of all similar materials used in the construction of the residential unit of said lot. No garage shall be erected which violates the maximum lot coverage requirements contained in Chapter 22, Zoning, of the City Code.
A side drive may be installed and constructed of concrete, or asphalt, solid type, and shall conform to the grade of the existing ground. No vehicles are to be parked on any part of the lots except that part designated for driveways and/or garages; that part of the lots designated for driveways and garages shall not be used for parking of any vehicles until and unless finished with concrete or asphalt as hereinbefore stated. A concrete curb may be installed down the middle of the driveway, of the following dimensions: four inches in height by four inches wide. Curb shall be formed and poured as one unit, and shall be feathered from four inches to zero at a point where it reaches the front of the house. The curb shall be secured by steel bars driven into the ground at least one foot at a reasonable distance between iron rods to ensure no side motion of the curb. If the curb is installed on one side of the driveway only, it shall be installed wholly on that owner's property; if the curb is simultaneously installed by both owners on the property line, then each shall give the other written consent and approval.
A vestibule, not more than one story in height, which shall not extend beyond the confines of the present front or rear stoop, may be erected by any owner of any residential unit, only if the owner of the attached, adjacent dwelling unit shall simultaneously erect a similar vestibule of the same design and construction; provided, however, that no such vestibule may be erected unless and until the plans therefor shall have first been approved in writing by the Building Committee. This shall not apply to duplex units not symmetrical in front appearance.
No trailer, tent, shack, barn or other outbuilding may be erected or maintained on a building site, other than a garage.
A perpetual easement over the lot line on which a party wall is built is hereby granted for the purpose of repair and maintenance of the front and rear exterior walls, together with any existing or future roof overhang, eaves, gutters, etc., and for the right to maintain any roof, overhang, eaves and gutter which may encroach beyond the lot line on which the party wall is built. Where two-story additions occur, each owner shall have the right to place a ladder in the adjoining back yard to maintain the building along the party lot line.
(A) 
Residential. Fences may be erected to a maximum height of six feet and a minimum height of not less than three feet. No fence or wall shall be permitted to extend nearer to any street than the minimum building setback line, and in the case of a corner building, setback lines on both streets must be observed; provided, however, that a hedge or mass planting shall be permitted within the lot lines of each building site, provided that said hedge or planting shall not exceed 36 inches in width or 30 inches in height; and provided, further, that a fence may be erected from the front of the house or minimum setback line to the front of the garage.
(1) 
Fences from the rear of the original constructed home to the front of the original constructed home may not exceed four feet in height, and fences from the rear of the original constructed home to the front of the garage in the rear of the original constructed home may not exceed six feet in height. Fences from the rear of the garage to the rear lot line may not exceed six feet in height. Fences from the rear lot line along the property line to the rear of the home shall not exceed six feet in height. Fences across the rear property line may not exceed six feet in height. All fences shall be on a common property line when such fence borders on separately owned or divided parcels. All gates in fences shall be the same height as the fence.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
(2) 
Rear lot line fences abutting the Wabash Railroad right-of-way may be erected to a maximum height of eight feet and a minimum height of not less than three feet.
(3) 
Where there exists a fence along rear lot lines or party lines in a rear yard, a second fence shall not be installed parallel to an existing fence. [See Subsection (C) for further exceptions in the case of patio fences.]
(B) 
Other exceptions to height. Residential lots with rear lot lines or side lot lines adjacent to playgrounds, public or parochial school grounds, major highways that border or pass through the City, or developed districts other than residential may have fences erected on such lot lines to a maximum height of six feet of the type indicated herein, except that fences along railroad rights-of-way may not exceed eight feet in height.
(C) 
Patio fences.
(1) 
Patio fences may be erected in rear yards only to a height of six feet (or average of six feet for stepped fencing) extending a maximum of 10 feet from the rear wall of the original building parallel to and along the party lot line of duplex houses. Such fence may be of wood materials, pierced masonry or ornamental iron with optional openings. In the case of a stepped fence, no portion shall be higher than the bottom of the facia board of the original construction, and the highest point shall be placed adjacent to the building.
(2) 
The fence may be located on the party lot line if agreed to and erected by the mutual owners; each to give the other a letter of consent and approval.
(D) 
Swimming pool fences. All private residential swimming pools shall be completely enclosed by a fence for the protection of the public. All fence openings or points of entry into the pool area shall be equipped with gates. The fence and gates shall be a minimum of 48 inches in height. All gates shall be equipped with self-locking and self-latching devices placed at the top of the gate and made inaccessible to small children. Said gates shall also be capable of being securely locked when the pool is not in use for extended periods.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
(E) 
Materials; construction; spikes.
(1) 
Fences may be of steel chain-link fencing of standard manufacture, wood fence of an approved type, wood pickets or vinyl. All pickets, planks, or boards may be separated by optional size openings. Decorative slats may be inserted in chain-link fencing for privacy.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
(2) 
Electric fences, barbed-wire fences, any fence which has spikes, barbs, sharply pointed pickets, sharp projections, or sharp protrusions are prohibited, except that barbed wire is permitted on top of fencing around high-voltage or high-tension wires maintained by a public utility or the top of fencing on any property owned or occupied by a unit of government; provided that the lower edge of the barbed wire is not less than eight feet above the ground level.
(3) 
No fence, wall, or any other material, except herbage, shall be allowed on property lines between the house as originally constructed and the street.
(F) 
Design. All fence designs are subject to the approval of the Building Commissioner.
(G) 
Division fence rights. The cost of construction, installation, and making repairs and rights over a division fence shall be governed by 765 ILCS 130/0.01 et seq.
(H) 
Permit. All fences replaced or newly installed shall have a permit prior to installation. The permit fee shall be $25.
[Amended 4-25-2006 by Ord. No. 5-2006]
(I) 
Applicability. The provisions of this section govern fences in commercial districts, nonconforming uses, and special uses where applicable.
[Amended 3-12-2002 by Ord. No. 1-2002; 8-13-2002 by Ord. No. 6-2002; 8-8-2006 by Ord. No. 9-2006; 10-26-2010 by Ord. No. 13-2010; 11-22-2011 by Ord. No. 6-2011; 6-10-2014 by Ord. No. 5-2014]
(A) 
The exterior of all duplex residential structures, including windows, casements, treatments, awnings, doors, roofs, siding, trim, and any other component visible from the exterior of the structure, shall be uniform in color, appearance and shall require joint and simultaneous treatment by the owners of both residential units comprising the structure. The intent and purpose of the foregoing restrictions is to establish and maintain an outward appearance of one home unit under single ownership.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
(B) 
Notwithstanding the foregoing, new roofs shall have reasonable similarity as determined by the Building Commissioner. Architectural shingles may be used on the same duplex as three-tab shingles, provided the color of the architectural shingles matches the color of the three-tab shingles.
(C) 
The color of the windows must be identical. A window may be three inches higher or wider than the window it is replacing.
(D) 
In the event two owners cannot agree on the color or appearance of the exterior, the Building Committee shall act as arbitrator for the two owners. The owners shall abide by the Building Committee's decision, or alternatively, the owners may return to the original color combination.
(E) 
Replacement siding is allowed on the driveway side and rear of any duplex, but such siding must match existing colors of the owner and house neighbor.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
(F) 
Only duplexes are allowed to install replacement siding on the owner's part of the whole house, without the owner of the other part of the single structure doing the same, but such siding must match the color of the owner of the other half.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
[Added 10-10-2006 by Ord. No. 12-2006]
Upon application and payment of $15, an applicant is permitted to have on his property a storage pod, or any similar temporary structure used for the storage of articles by persons residing or moving into the property, for a period not to exceed 30 days. No extensions, above and beyond the 30 days provided for in this section, shall be permitted. No storage pod, or any portion of that structure, shall be placed within 15 feet of the front yard property line. For purposes of this section, the front yard property line shall mean the curbline separating the street and the property.