VILLAGE OF WESTERN SPRINGS
Community Development Department
740 Hillgrove Ave. Western Springs, IL 60558-0528
Ph. 708.246.1800 Fax 708.246.4871
Requirements for Building Permit for Fences
A building permit is required for the construction of a new fence/wall or substantial alterations to an existing
fence. The information provided below and on the attached pages will serve as a guide. If at any time you have
questions, please feel free to contact the Community Development Department.
The basic requirements for receiving a fence permit include:
 Completed permit application (available online at www.wsprings.com)
 Plat of survey marked with proposed location of the fence. The plat must also depict the current location
of the home, garage, driveway, and other structures and features.
 Acknowledgement (in writing) by the property owner that they are aware that all portions of the fence
shall be constructed so that the finished side faces out and away from the home. The acknowledgement
can be made on the permit form or plat of survey and include the property owners signature, printed
name, and date.
 Copy of fence specifications (e.g. height, materials, installation details, etc.)
 The fence contractor must be registered with the Village.
In general, all fences (and walls) must adhere to the following rules:
 Fence Height:
o Front Yards – Fence cannot exceed 42” in height
o Side and Rear Yards – Fence cannot exceed 72” in height
 All fences shall be constructed so that their finished side faces out, and the unfinished side faces the
property of the person who applies for the permit.
 The existing grade of the property cannot be altered when the fence is installed. Proposed changes to
grade must be reviewed by the Village Engineer under a separate permit and required a grading plan.
 Fences may be installed within easements are at the risk of the property owner. Utility companies or
other parties within easement rights may require the removal of the fence for access, construction, or for
other reasons and likely will not reimburse the expense of replacing the removed fence.
 Corner lots may involve a more detailed review by CD staff due to the concerns related to potential sight
obstructions and zoning restrictions for fences applicable to corner side yards.
 Fence requirements for swimming pools are more detailed because of safety concerns, required latches,
etc. Any fences proposed to surround a pool must be submitted as part of the swimming pool permit.
Special Circumstances:
Timber Trails Subdivision - Requirements for the Timber Trails Subdivision: special easements provisions apply to the rear yards of
lots 47-52 and 105-114. Submission may require tree preservation review by the Village Forester and incur additional fees.
Residential properties adjacent to non-residential property – In certain situations, 96” (8 ft). high fences or walls may be installed in
side or rear yards of properties abutting commercial, office, or municipal zoning districts.
Please consult with Community Development staff for details regarding questions pertaining to these circumstances.
Please refer to the attached information for all applicable fence related regulations and guidelines. Community
Development Staff Members are available to answer resident or contractor questions regarding fences or if there is
difficulty locating a plat of survey for permit submission. Please call us at (708) 246-1800, ext. 177 or 180.
03/2015
FENCES, WALLS AND HEDGES
9-12-1: PURPOSE:
This Chapter is adopted for the following purposes:
A. To preserve and protect the public health, safety and welfare of the Village and its residents.
B. To ensure that fences, walls and hedges will not interfere with the safe use of Village streets and roads.
C. To provide for accessibility to property within the Village by police, fire, ambulance and other emergency vehicles and
services.
D. To establish guidelines for each property owner to provide for privacy, security and the enhancement of the physical
appearance of individual residences and the community as a whole. (Ord. 82-1619, 4-20-1982)
9-12-2: DEFINITIONS:
For the purposes of this Chapter, the following words and terms shall have the meanings respectively ascribed to them in this
Section:
ERECT: To build, construct, attach, place or affix.
FENCE: Any structure, partition or enclosure composed of wood, iron, metal or other material which encloses or divides a
parcel of land and which does not otherwise come within the definition of a "wall" as set forth in this Section.
HEDGE: Naturally growing shrubs, bushes and other foliage planted to enclose or divide a parcel of land.
PERSON: Means and includes any individual, firm, partnership, association, corporation, company or organization of any kind.
WALL: A permanent structure, partition or enclosure composed of concrete, masonry, metal, wood, iron or other material for
decoration or ornamental purposes, which encloses or divides a parcel of land, and which is supported by a continuous
foundation below grade. This definition shall exclude retaining walls which are determined by the Village to support either land
or buildings. Retaining walls shall be required by the Village Building Department for structural purposes, and the regulation of
retaining walls shall be governed by the Village building code, not by this Chapter.
YARD, FRONT: Shall have the meaning ascribed to that term in the Development Control Ordinance1.
YARD, REAR: Shall have the meaning ascribed to that term in the Development Control Ordinance.
YARD, SIDE: Shall have the meaning ascribed to that term in the Development Control Ordinance. (Ord. 82-1619, 4-20-1982;
amd. 1997 Code)
9-12-3: NECESSITY FOR PERMIT:
No person shall erect or substantially alter a fence or wall in the Village without having first obtained a permit issued by the
Department of Code Enforcement. In the case of fences and walls which are erected on the property of another by a commercial
organization or business, it shall be the obligation of that organization or business to obtain the permit. No permit shall be
issued by the Village under this Section until the Department of Code Enforcement has determined that the proposed fence or
wall complies with this Chapter and with all other applicable laws and ordinances of the Village. (Ord. 82-1619, 4-20-1982;
amd. 1997 Code; Ord. 98-2064, 12-21-1998)
9-12-4: GENERAL RESTRICTIONS AND PROHIBITIONS:
A. Location: No private fence, wall or hedge shall be erected or planted on the right of way of any public street, highway,
parkway or alley. However, in A, R-1, R-2 or R-3 Residential Districts, fences and hedges or other plantings may be
constructed or planted up to the edge of the resident's side of any sidewalks. Where no sidewalk exists, plantings may be placed
up to the curb of the street, but no such planting shall interfere with, obstruct the view of or create a safety hazard for any motor
vehicle being driven, whether on private property or on a public street. All improvements made by residents shall be maintained
by the resident, and the Village shall have the right to require the removal of any fence or hedge on a public right of way at no
cost to the Village.
B. Materials Of Construction: No fence or wall shall be maintained or erected if it is constructed with any material which is
likely to inflict bodily harm should a person or animal come in contact with the fence or wall. Materials covered by this
Section include, but shall not be limited to, electrically charged wires, broken glass and sharp or ragged metal spikes or
spears. Barbed wire may be used only as expressly authorized by subsection 9-12-5A3 of this Chapter.
C. Altering Water Flow: No "wall", as defined in this Chapter, which interrupts, impedes or otherwise alters the natural flow of
water shall be erected in any residential district.
D. Barbed Wire: No barbed wire or barbed wire fences shall be erected in A, R-1, R-2 or R-3 Residential Districts.
E. Wind And Stress Resistance: All fences and walls shall be erected in conformity with the wind and stress resistance
requirements of the building codes, ordinances and laws of the Village.
F. Finish Requirements: All fences shall be erected so that their finished side faces out, and the unfinished side faces the
property of the person who has caused said fence to be erected.
G. Maintenance: All fences, walls and hedges shall be maintained in good, structurally sound repair, and in neat, clean and
attractive condition.
H. Overhanging Hedges: All hedges shall be planted and maintained so that the hedge will not overhang or interfere with the
use of a public way such as a sidewalk, alley or street.
I. Obstruction Of Traffic: No person shall plant, construct or maintain upon any land or premises within the village, any hedge,
wall, fence or other structure or object which will interfere with, obstruct the view of or create a safety hazard for any motor
vehicle being driven, whether on private property or on a public street. (Ord. 82-1619, 4-20-1982)
9-12-5: HEIGHT RESTRICTIONS:
A. Fences And Walls:
1. Front Yards; Residential Districts: No fence or wall which exceeds forty two inches (42") in height above ground level shall be
erected in the front yard of any residential lot in A, R1, R2 and R3 residential districts.
2. Side And Rear Yards; Residential Districts: No fence or wall which exceeds seventy two inches (72") in height above ground
level shall be erected in side yards or in rear yards of any residential lot in A, R1, R2 or R3 residential districts, except as
provided for below in this subsection A2. No fence or wall which exceeds forty two inches (42") in height above ground level
shall be erected within five feet (5') of the exterior side lot line on corner lots in A, R1, R2 or R3 residential districts. Fences or
walls which are set back more than five feet (5') from the exterior side lot line on corner lots shall not exceed seventy two
inches (72") in height above ground level. Fences and walls that do not exceed ninety six inches (96") in height above ground
level may be located only in a side yard or a rear yard of a residential lot which immediately abuts land that is currently
occupied and used for multi-family purposes regardless of its zoning classification or land classified in the following zoning
districts: R4 multiple-family residence district, RB residential buffer district, R5 continuing care retirement community
residence district, C1 village center commercial district, C2 community shopping district, O limited office district, ORI office
research and limited industrial district, DT downtown transitional district and MGL municipal and governmental land district.
3. Commercial (Business) Districts: No fence or wall which exceeds ninety six inches (96") in height above ground level shall be
erected on premises in commercial districts (C1 village center commercial district, C2 community shopping district, O limited
office district, ORI office research and limited industrial district, DT downtown transitional district). The use of barbed wire is
prohibited; except, that the top twelve inches (12") of any fence or wall along the side or rear lot lines in the commercial
districts may be constructed of barbed wire; provided, that such may not be erected on fences or walls fronting on any street or
on any lot line adjacent to or abutting any residential lot.
4. Municipal And Governmental Land (MGL) District: Fences or walls which are located in side and rear yards of premises in the
municipal and governmental land (MGL) district shall not exceed ninety six inches (96") in height above ground level. (Ord.
12-2674, 4-23-2012)
B. Hedges:
1. Front Yard: No hedge which exceeds forty two inches (42") in height above ground level shall be planted or maintained in the
front yard of any residential structure in A, R1, R2 and R3 residential districts.
2. Side Yards: No hedge which exceeds forty two inches (42") in height above ground level shall be planted or maintained within
five feet (5') of the exterior side lot line on corner lots in A, R1, R2 and R3 residential districts. (Ord. 82-1619, 4-20-1982)
9-12-6: EXEMPTIONS:
Fences, walls and hedges legally in existence at the time of adoption of this chapter which are not in violation of subsection 912-4B, G or I of this chapter, and which do not present a safety hazard to pedestrian or vehicular traffic, and which do not
prevent accessibility by emergency vehicles, but which violate other sections of this chapter may continue to be maintained and
to exist, but may not be replaced if fifty percent (50%) or more of the fence, wall or hedge is either destroyed or removed if the
replacement would continue the existence of a violation of this chapter. (Ord. 82-1619, 4-20-1982)
9-12-7: ADMINISTRATION AND ENFORCEMENT:
A. Enforcement: It shall be the duty of the village department of code enforcement to administer and enforce the provisions of
this chapter, the same to be done in conjunction with the village building code. (Ord. 82-1619, 4-20-1982; amd. Ord. 982064, 12-21-1998)
B. Interpretation; Conflict: The chief building and code official shall determine the meaning of the provisions of this chapter as
such are applied in any given instance. Said chief building and code official's determination shall be conclusive and binding
on all parties. In case of conflict or inconsistency between any of the provisions of this chapter and any of the provisions of
any other law or ordinance of the village, compliance with the more restrictive provisions shall be required. (Ord. 82-1619,
4-20-1982; amd. 1997 Code; Ord. 98-2064, 12-21-1998)
C. Noncomplying Fences, Walls And Hedges; Notice, Repair, Improvement Or Removal By Village: If the code enforcement
department determines that any fence, wall or hedge does not meet the requirements of this chapter, the department shall
order the owner or occupant of the premises to make the necessary repairs or improvements or to remove the fence, wall or
hedge. A reasonable period of time shall be provided to make the repairs, based upon the nature, extent and cost of such
repairs, improvements or removals. Should the aforesaid owner or occupant fail to make the requested repairs,
improvements or removal within the time provided, said owner or occupant shall be in violation of this chapter, and the
village shall be authorized to undertake the necessary repairs, improvements or removal at the expense of said owner or
occupant. (Ord. 82-1619, 4-20-1982; amd. Ord. 98-2064, 12-21-1998)
9-12-8: AMENDMENTS AND VARIANCES:
A. Authorization: The village president and board of trustees, by ordinance, may vary the regulations of this chapter. In
addition, the president and board of trustees may, upon application, grant a variance from the express regulations of this
chapter, provided the said board makes a finding of fact that the application of the letter of the regulations of this chapter
will create practical difficulties or particular hardships for the applicant.
B. Application For Variation: Applications for variations may be filed by any person having a proprietary interest in the
premises affected. Such applications for variation shall be filed by the village clerk who shall forward a copy of same to the
president and board of trustees without delay. The application shall be in such number of copies, be in such form and
contain such information as the village may prescribe from time to time, but shall in all instances contain the following:
1. The name and address of the applicant and the owner of the property in question;
2. The street address of the property in question;
3. A concise written statement explaining the nature of the variation being sought, or the sections of this chapter from which the
variation is being sought, and the extent of compliance with the regulations set forth in the chapter if the variance is granted;
and
4. Photographs and/or scale drawings as may be appropriate to explain the need for the variation. (Ord. 82-1619, 4-20-1982)
C. Hearing: The president and board of trustees shall refer the application to the village zoning board of appeals for the purpose
of holding a public hearing thereon pursuant to the rules for public hearings set forth in the development control ordinance
of the village2. Following the hearing, the zoning board of appeals shall transmit to the president and board of trustees a
written report stating its findings as to the proposed variation and stating its recommendations for action to be taken by the
president and board of trustees. (Ord. 82-1619, 4-20-1982; amd. 1997 Code)
D. Requirements For Granting Variance: A variation from the regulations of this chapter shall not be granted unless evidence is
presented that:
1. The proposed variation will not increase the hazard from fire and other dangers to the property in question or neighboring
property, or to persons occupying the same, and will not prevent accessibility by emergency vehicles and services;
2. The proposed variation will not create a safety hazard to pedestrian or vehicular traffic, or impair the public health, safety or
welfare;
3. The proposed variation will not be materially detrimental to other nearby property;
4. Notwithstanding the benefits, the property in question will suffer some demonstrable hardship if made to conform to the strict
letter of this chapter; and
5. The proposed variation is in harmony with the spirit and intent of this chapter. (Ord. 82-1619, 4-20-1982)