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G-728 - 08/12/2003 - FENCES - OrdinancesORDINANCE 2003- ZO -TA -G -728 AN ORDINANCE AMENDING SECTION 13 -3 -6B ( "ACCESSORY USES AND STRUCTURES; PERMITTED IN REQUIRED YARDS ") OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FENCE STANDARDS WHEREAS, an application has been filed by the Village of Oak Brook seeking amendments to Section 13 -3 -613 ( "Accessory Uses and Structures; Permitted in Required Yards ") of Title 13 ( "Zoning Regulations ") of the Village Code of the Village of Oak Brook relating to fences; and WHEREAS, at its meeting of March 17, 2003, the Plan Commission recommended approval of the requested text amendments; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on July 1, 2003, pursuant to due and appropriate legal notice; and WHEREAS, the President and Board of Trustees deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That that portion of Section 13 -3 -613 of the Village Code of the Village of Oak Brook pertaining to "Fences, open and gates" is hereby amended to read as follows: "Fences, open, and gates, whether or not connected to a fence, not more than 42 inches in height. Chainlink or wire fence, where permitted as set forth below, shall be at least 9 -gauge wire, shall be constructed with a top member or brace with a knuckle design, shall be a wire material (finished side) facing the neighboring property, shall be painted or coated in a dark color (e.g. black, brown or dark green), shall not include slats and shall be landscaped with bushes or trees on both sides of the fence, except for dog runs /kennels, which shall be so landscaped on the outside of the fence. Location Buildable area In any front/side yard In any rear yard Surrounding Subdivisions Swimming Pools Sports Courts /Fields Construction Sites Road ROW Dog Runs /Kennels Use of Chain -link Fence Not permitted' Not permitted Permitted with Limitation s2 Permitted with Limitation S3 Not permitted Permitted with Limitation s5 Permitted with Limitation S6 Permitted with Limitations' Permitted with Limitation S8 a Ordinance 2003- ZO -TA -G- 728 Amending Section 13 -3 -6B, Fence Standards, Page 2 1. Exception for dog runs /kennels, as provided below. 2. 6 foot high chain -link fences only permitted if lot abuts the Village's boundary with another municipality. 3. 42 inch high chain -link fences if landscaped on both sides with year - round plantings. 4. Must utilize 6 foot high, non -chain link fences. Must provide same level of security as chain -link. 5. Includes courts for tennis, basketball and hockey, and fields for baseball. 6. Temporary use. 7. Located along county, state and federal highways only. 8. Permitted in buildable area only. Non -chain link fence material is required if located in any required yard. In the event that a yard is enclosed with a chain link fence as of August 12, 2003, and in the event that one side of the fence enclosure is on a neighbor's property and the neighbor removes the chain link fence, the owner may continue to enclose his/her yard with a chain link fence by constructing a new fence on the owner's property to replace the fence removed by the neighbor. Section 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as required by law. PASSED THIS 12th day of August , 2003. Ayes: Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf Nays: None Absent: None Abstain: Nn-n,. APPROVED THIS 12th day of August , 2003. • 0 / 41 ^� }.�� =;mac �,� • a �, � ;"�, �.%� lerk Approved as to form: Village Attorney Ordinance 2003- ZO -TA -G- 728 Amending Section 13 -3 -6B, Fence Standards, Page 3 Published in Pamphlet Form: 8-13 -2003 (Date)