G-1021 - 03/11/2014 - ZONING - Ordinances Supporting Documents (2) ITEM 6.F.4)
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AGENDA ITEM
Board of Trustees Meeting
March 11, 2014
SUBJECT: Village of Oak Brook—Text Amendment—Fence Regulations
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance G-1021, which approves an
amendment to the fence regulations in the Zoning Ordinance of the Village Code.
Background/History:
At the February 25, 2014 meeting, the Village Attorney was directed to prepare the necessary
ordinance amending the fence regulations in the Zoning Ordinance.
Recommendation:
Approve Ordinance G-1201.
Last saved by gpolanek J:\1-FROM BOB\Bot-PC-ZBA\BOT-FINAL ACTION-VOB-Fence Regulations.doc
ORDINANCE 2014-ZO-TA-G-1021
AN ORDINANCE APPROVING A TEXT AMENDMENT TO
ADD SECTION 13-3-17, FENCE REGULATIONS AND TO
AMEND SECTION 13-3-613 OF THE ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK
WHEREAS, Title 13, Chapter 3, Section 6.13 ("Section 13-34B'� 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 13-3-66 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 13-3-6B. 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 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:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Additions are bold and double-underlined; deletion tFWG.through
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
I " I _ R
Arbors or trellises, where trellises are attached to the principal structure Xx 1 " 1x—
Awnings or canopies,not more than 3 feet I T Xx X
Fallout shelters,detached [—[— X
X X X
�n, a d gates, whether C)F;;Gt GC)nl;eGted to a feRGe, 119t meFe than 42 at least 9-gauge ware, shall be GGAStFUGted with a top membei:or bFaGe with a knur-kle
design, shall be a wire rnateFial (finished side)faGing the neighboring preperty, shall
be painted oF Goated On a daFk GGIGF(e.g., b!aGk, bFewn eF dark gFeen), shall not
0 nGlude slats and shall be landSGaped with bushes or trees on both sides of the fenGe,
eXGept for dog Funsikennels, whiGh shall be se landsGaped en the outside of the fenGe.
LGGa#GR q a (`hainlin4 FenGe-
Viable aFea Not perrni#e&
'.. In any front/side yard Not permi
in aRy rear yafd
Permitted wit h limy#�#inno�
SuFFounding subdivisions Dermltted with limotatinpc�
Swimming peGis Not p �d`t v
SPOFtS GGL1464ields Dcrm i##o`J wi#h limy}�#inn��
?i Permitted wi}h
('nnctn In}inn cites limitatinnc�
Read R0 Permitted wi#h
rinn r,lnc/1lennelc Permitted with limy#a+inn��
Notes;
li
1 Cvneptinn for dog r Ipc/Lennelc as provided herein
2. 6 foot hhgh Ghainlink fenGeS only permitted Of lot abuts the M J ' provided
another muniGipality.
3. 42 inGh high Ghainlink fenres of land6Gaped on both sides with year rGuRd plantings.
4. Must utiloze 6 feet high, nORGhainlink fenGeS. Must provide same level of seGur"
' SC InH,Idee nnl Irts for tennis h 6 eth II and hGGkev and fields for basehalL
..1 del IGIQQG 1 !
Q Temporary Ilse
7. 1-0-Gatf-9d -aIGng GGunty, state and federal highways only.
8 Pprrnm#tQd On buildable area only. NenGhainlink fenGe material required IGGated
any requ Fed yaFd.
In the PvPnt that a yard is enGle6ed with a Ghainlink feAGe as of August 12, ,
neighbor's
the fenne removed by the neinhbnr.
t-r�IcnvG-1 rn�vrcavTzrr�. .....y.........
Additions are bold and double-underlined; deletic�r^ are ctrl Inl!thm gh
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
a
h-, rrier, or as a means of confinement or for confinement.
2. "Fence-type structure" is defined as any fence, or part thereof, located in
the 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 property.
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:
minimum of fifty percent I- 0% of the fence's surface
1. Fences shall have a -- --- fifty 5 L
area in open space as viewed from an angle of ninety degrees 190°l from
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 an- upporting piers or iIP lars.
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 height of 42 inches in height and shall be constructed of wood,
stone, brick„wrought wron, aluminum or synthetic materials that are molded
and gjve the appearance of wood,stone, brick or wrought iron.
3. If a fence only has one finishers side the fence's finlRhed side must face to
the outside of thepertv.
4. Fences shall be constructed at a natural grade or at a grade approved of b-
the Village Engineer.
5. All fences shall be located completely within the property that the fence is
se g Nn fence shall be constructed in a manner that encroaches upon
another prop -sty or a Village-owned right-of-way without the prior approval
of the Village.
6. All fences shall be constructed and maintained in a manner that preserves
the fence's structural integrity and appearance.
Additions are bold and double-underlined; deletiens aFe StF Gk thre gh
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