G-1021 - 03/11/2014 - ZONING - Ordinances ORDINANCE 2014-ZO-TA-G-1021
AN ORDINANCE APPROVING A TEXT AMENDMENT TO
ADD SECTION 13-3-17, FENCE REGULATIONS AND TO
AMEND SECTION 13-3-6113 OF THE ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK
WHEREAS, Title 13, Chapter 3, Section 6.6 ("Section 13-3-6B") of "The Village Code of the
Village of Oak Brook", as amended ("Zoning Ordinance"), sets forth some of the General Zoning
Provisions related to Accessory Uses and Structures; and
WHEREAS, Section 13-3-613 contains provisions regulating the use and types of fences permitted
in the Village ("Fence Regulations"); and
WHEREAS, at the direction of the Village Board, both the Plan Commission and the Zoning
Board of Appeals ("ZBA") studied and considered an amendment to the Fence Regulations ("Proposed
Amendment"); and
WHEREAS, pursuant to Section 13-14-8C3 of the Zoning Ordinance, the Plan Commission
reviewed various proposals to amend the Fence Regulations, and while the Plan Commission
recommended an amendment other than the Proposed Amendment, the Plan Commission, nevertheless,
recommended that the Village Board amend the Fence Regulations to make the Fence Regulations more
clear; and
WHEREAS, the Village Board subsequently directed the ZBA to conduct a public hearing and
make recommendations regarding whether, and to what extent, the Fence Regulations should be
amended; and
WHEREAS, pursuant to Section 13-14-8C2 of the Zoning Ordinance, the ZBA held a public
hearing on December 4, 2012, April 2, 2013, August 6, 2013, November 5, 2013, December 3, 2013 and
January 15, 2014, at which hearing the ZBA considered various amendments to the Fence Regulations
and heard comments from interested parties; and
WHEREAS, at the close of the public hearing, the ZBA recommended the approval of a set of
amendments to the Fence Regulations ("ZBA Recommended Amendments"); and
WHEREAS, pursuant to Section 13-14-8D of the Zoning Ordinance, the Board of Trustees has
considered the reports of the Plan Commission and the ZBA, and determined that it would be in the best
interests of the Village and its residents to amend the Fence Regulations in Section 13-3-613 of the Zoning
Code and to add a new Section 13-3-17 to the Zoning Code as set forth in this ordinance.
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: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Section 13-3-613. Subsection B of Section 13-3-6, entitled
"Accessory Uses and Structures," shall be amended as follows:
B. Permitted In Required Yards: Accessory uses and structures are permitted in
required yards as follows with the following designations:
Ordinance 2014-ZO-TA-G-1021
Amending the Zoning Ordinance to Add Section 13-3-17—Fence Regulations
Page 2 of 6
F = Yards adjoining streets
S = Interior side yards
R = Rear yards
F S R
i
Arbors or trellises, where trellises are attached to the principal structure X ; X X
Awnings or canopies not more than 3 feet X X X
Fall...,.out
shelters, detached X
Gennec nnen- r gates, whether +n� f no net mere than A7 �_...}....
� tether er�et eeanested�rTea X � X X
nGheG height. Ghainlink or wore fenG8, wheFe peFmitted- as set forth below, shall be
at least 9 gauge wore, shall Ghe n-Ginstrun-ted-i.vith a top member or braGe with a knurkle
design, shall be a wire material (finished side) faGinq the neighboring pFeperty, sh
be painted 9F A-e-atedd in a dark GGIGF(e.g., b!aGk, bFGWR oF daFk gFeeR), shall not
inGlude slats and shall be landsGaped with burhes 9F trees, n-In beth Sides -of the l
,
�esa#�et�
uildable pea Not n °,,��
in any#911tiside yard in any rear y Net permitted e h limi#etinnc�
SUFFOURding subdivisions Permuted with limitetinnc'�
Swimming p Nn4 PeFmitte
5
^`.
�cAad--RR+c�v-Y ! W
Deg FURS/kennels Permitted with limi#etinnc� _
Notes:
1 Cvnen#inn for`eq ri nsikennelc as provided herein
2. 6 feet high rh;;inlink fRRGes GRly permitted if lot abuts the village s beuRdary w
3. 42 inGh high Ghainlink fe.mg-es of la;R&Gaped eR beth side6 with year round plaRti!196.
st utilize 6 feet high, nt4prh;;6nIink feRGes. Must provide same level af ser.-Ur"
vrrvrtairnc
6. I
perafy use.
8. Permitted in,buildable aFea only. NonGhainlink feRGP- rn.;;tp-.ra;-;l is required IGGated
any requiFed i
. I
n event that I side of the fenvve enclvv:.�r°v is nn �+ neighbor's ert y and the
l
the owneF's property to rep!
R the �.�... ... � .
R
'.. the fenne removed by the neighbor
' I
Additions are bold and double-underlined; .
Ordinance 2014-ZO-TA-G-1021
Amending the Zoning Ordinance to Add Section 13-3-17—Fence Regulations
Page 3 of 6
Section 3: Amendment to Chapter 3 or Title 13. Chapter 3, entitled "General Zoning
Provisions," of Title 13, entitled "Zoning Regulations" shall be amended further to add a new Section 13-
3-17, to read as follows:
13-3-17: FENCE REGULATIONS:
A. For purposes of this section, the following terms shall have the following
meanings:
1. "Fence" is defined as a structure used to delineate a boundary, or as a
barrier, or as a means of confinement or for confinement.
2. "Fence-type structure" is defined as any fence, or part thereof, located i
he buildable area of a property and not located in any required yard
"Fence-type structures" include solid privacy screens and open patio
enclosures. A "fence-type structure" shall not include any part of a fence
located outside of the buildable area of a oro.Oerty_
3. "Dog runs kennels" are defined as enclosures constructed for the purpose
of containing dog(s) outside of the principal structure on a property.
B. The following regulations shall apply to all fences other than fence-type
structures:
1. Fences shall have a minimum of fifty percent 150%1 of the fence's surface
area On open space-as viewed from an anale of ninety degrees 190°l fro
the fence line. A fence's surface area shall include the surface area of any
gates attached to the fence, but shall not include the surface area
attributable to any supporting piers or pillars.
2. Solid fences shall be a maximum height of 24 inches and be constructed of
wood, stone, brick or other masonry material. All non-solid fences shall be
a maximum eiaht of 42 inches in height and shall be constructed of wood.
stone, wrought iron, aluminum or synthetic materials that are molded
and aive the appearance of wood;stone. brick or wrought iron.
3. If a fence only has one finished side the fence's finished side must face to
the outside of the grogerty.
4. Fences shall be constructed at a natural grade or at a grade approved of by
the Village Engineer.
5. All fences shall be located completely within the property that the fence is
serving No fence shall be constructed in a manner that encroaches upon
another property or a Village-owned right-of-way without the prior approva
of the Village.
6. All fences shall be constructed and maintained in a manner that preserves
the fence's structural integri y and appearance.
Additions are bold and double-underlined;
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Ordinance 2014-ZO-TA-G-1021
Amending the Zoning Ordinance to Add Section 13-3-17—Fence Regulations
Page 6 of 6
Section 4: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 5: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
APPROVED THIS 11th day of March, 2014.
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of March, 2014.
Ayes: Trustees Baar, Manzo, Wolin, Yusuf
Nays: None
Absent: Trustees Adler, Moy
ATTEST:
Charlotte K. Pruss
z, Village Clerk
o °n
"5
Additions are bold and double-underlined; deletinn-r ire c4r11rk 4hm1 nh