2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES

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c. A detailed site plan certified by a Professional Engineer licensed by the State of Illinois shall be provided to the Director of Economic and Urban Development if alterations to the structure are proposed. d. Such other proof as may be deemed necessary y the Director of Economic and Urban Development. 2. The non-conforming use must have been legally conforming at the time of its creation. Section XXXIV. FENCES A. PERMIT REQUIRED 1. Regulation. Fences, unless otherwise specified by ordinance, shall conform to the requirements of this section. No fences not meetingthe he requirements described herein shall be permitted. 2. Permit Required. Except as otherwise provided herein, it shall be unlawful to erect, construct, reconstruct, enlarge, or structurally modify a fence without first obtaining a building permit. Fences installed for protection of a construction or demolition site (as specified in Chapter 33 of the International Building Code) are exempt from permit requirements but must be removed upon completion of the project. B. GENERALLY 1. Lawfully constructed fences within the City limits of the City of Decatur which were in compliance with the Zoning Ordinance existing on the effective date of this Ordinance and subsequent amendments that do not conform to development regulations of the City of Decatur as codified herein, are hereby declared to be non-conforming. 2. No fence in the B-3, M-3 and PD zoning districts shall be permitted unless approved by City Council. 3. No fence in any zoning district shall be constructed at a height greater than three and one- half(3'/2) feet above the established street grade within the vision clearance triangle nor shall any fence limit the clear sight of vehicular traffic. 4. Fences installed for protection of a construction or demolition site (as specified in Chapter 33 of the International Building Code) are exempt from permit requirements but must be removed upon completion of the project. 5. The Zoning Board of Appeals may grant variances for fences in accordance with Section XXX.B. of this Zoning Ordinance. C. FENCES IN RESIDENTIAL DISTRICTS 1. Regulations in this subsection shall apply to the R-1, R-2, R-3, R-5, R-6, and PMR zoning districts.