G-1214 - 06/14/2020 - TEXT AMENDMENT - OrdinancesTHE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2022-ZO-TA-G-1214
AN ORDINANCE
AMENDING SECTION 13-3-17 (FENCE REGULATIONS) OF THE
ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LAURENCE HERMAN
MICHAEL MANZO
JAMES NAGLE
A.SURESH REDDY
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 14th day of June, 2022
ORDINANCE NO. 2022-ZO-TA-G-1214
AN ORDINANCE
AMENDING SECTION 13-3-17 (FENCE REGULATIONS) OF THE ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK
WHEREAS, the Village of Oak Brook (hereinafterthe "Village") is a municipal corporation with authority
provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain
functions pertaining to its local government and affairs;
WHEREAS, the Village has in full force and effect a codified set of those ordinances of the Village
which are of a general and permanent nature, which said codified set is known and designated as the Village
Code of the Village of Oak Brook, as amended;
WHEREAS, Title 13 (Zoning Regulations) Chapter 3 (General Zoning Provisions) Section 17 (Fence
Regulations) provides for the Village's general regulations concerning fences within the Village;
WHEREAS, pursuant to Section 13-14-8C2 of the Zoning Ordinance, the ZBA held a public hearing
on March 1, 2022 and April 5, 2022, at which hearings the ZBA considered various amendments to the Fence
Regulations and heard comments from interested parties;
WHEREAS, at the close of the public hearing, the ZBA recommended a set of amendments to the
Fence Regulations;
WHEREAS, the Village of Oak Brook Village President and Board of Trustees (collectively the
"Corporate Authorities") deliberated and modified the proposed amendments;
WHEREAS, the Corporate Authorities are of the opinion that it is in the best interests of the residents
of the Village to amend the Village Code as set forth in this Ordinance; and
NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village
of Oak Brook, DuPage and Cook Counties, Illinois as follows:
Section One - Recitals
The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the
preamble to this Ordinance are full, true and correct and do hereby, by reference, incorporate and make them
part of this Ordinance as legislative findings.
Section Two - Amendment to 13-3-17
Title 13 (Zoning Regulations) Chapter 3 (General Zoning Provisions) Section 17 (Fence Regulations) shall be
amended as follows:
A. For purposes of this section, the following terms shall have the following meanings:
DOG RUNS/KENNELS: Enclosures constructed for the purpose of containing dog(s) outside of the principal
structure on a property.
FENCE: A structure used to delineate a boundary, or as a barrier, or as a means of confinement or for confinement.
FENCE TYPE STRUCTURE: 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.
B. The following regulations shall apply to all fences other than fence type structures
1. Fences shall have a minimum of fifty percent (50%) of the fence's surface area in open space as viewed from
an angle of ninety degrees (90°) 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 any supporting piers or
pillars.
2. Solid fences shall be a maximum height of twenty four inches (24") and be constructed of wood, stone, brick
or other masonry material. All nonsolid fences shall be a maximum height of forty-two inches (42") and shall
be constructed of wood, stone, brick, wrought iron, aluminum or synthetic materials that are molded and give
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 property. The
finished side is the side that does not include the structural supports.
4. Fences shall be constructed ata natural the pre-existing grade or ata grade approved of by the village
of 50% open.
5. Fences shall not be permitted in a front yard or alternate front yard setback (see diagrams) except when
constructed with driveway gates as permitted in Section 13-3-14 of this Code.
6. 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 approval of the village.
7. All fences shall be constructed and maintained in a manner that preserves the fence's structural integrity and
original appearance.
8. Electrified fences, barbed wire, razor wire, spears and other sharp or hazardous materials are not
permitted in the Village, with the exception of those materials approved by the eerzuauaity
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'^••�TDevelopmen[ Services department for horse stables and other animal enclosures.
9. No fence shall be constructed or erected in a manner or in a location that interferes or obstructs the line of
sight of vehicles using an intersection of an alley and street, or an intersection of two (2) streets.
10.All fences shall comply with all applicable Village code requirements.
C. The following regulations shall apply to all fence type structures:
1. Fence type structures may screen hot tubs, patios, decks, sitting areas, or other similar types of uses.
2. Fence type structures may not exceed six feet (6) in height.
3. Fence type structures may not privatize the buildable area.
4. Fence type structures are not permitted in any required yard.
5. All fence type structures shall comply with all applicable village code requirements.
6. All fence type structures are subject to the review and approval of the
Development Services department prior to their construction or erection to ensure that the requirements of
this section are met.
D. Swimming Pool Fencing. Notwithstanding anything to the contrary contained in this section, the regulations
aoolicable toj4eighEe� fences surrounding any swimming pool or any other water feature that requires fencing
pursuant to this code or state law shall be as follows:
1. Be a minimum of forty eight inches (48") in height;
2. Not exceed seventy two sixty inches (60 422") in height;
3.
4. 344_Comply with all other applicable requirements of this code. In addition, no fence surrounding a swimming
pool may be made of chainlink or wire materials.
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E. The following requirements shall apply to chainlink or wire fencing:
1. Chainlink or wire fencing shall be:
a) Made of at least 9 -gauge wire and not of a thinner gauge wire;
b) Constructed with a top member or brace with a knuckle design;
c) Installed with the wire material (finished side) facing the neighboring property;
d) Painted or coated in a dark color (e.g., black, brown or dark green); and
e) Landscaped with year round plantings, bushes/vegetation or trees on both sides of the fence, except for
dog runs/kennels, which shall be so landscaped on the outside of the fence; all required vegetation will be reasonably
maintained or replaced as needed.
2. No chainlink or wire fencing shall include slats.
3. No chainlink or wire fencing shall be used for a dog run/kennel in any required yard. Chainlink or wire fencing
may be used for dog runs/kennels that are constructed or erected in the buildable area of a property only
behind the principal use structure.
4. Chainlink or wire fencing shall not be permitted:
a) In buildable areas. This restriction shall not apply to dog runs/kennels.
b) In any front or side yard.
C) In any rear yard unless the rear yard abuts the village's boundary. Notwithstanding anything to the
contrary contained in this section, any such chainlink or wire fencing in a rear yard abutting the village's boundary
shall not exceed a height of six feet (6').
d) Surrounding subdivisions unless: 1) landscape screening is installed and maintained in a manner that
provides year round vegetation on both sides of the fence; and 2) the fence is approved by the village.
e) Around swimming pools.
f) Around sports courts/fields. This restriction shall not apply to fencing around sports courts for tennis,
basketball, hockey and fields for baseball provided that: 1) the fence does not exceed ten feet (10) in height; 2) the
court/field shall not be located in any required front or side yard; and 3) the fence must be constructed to the applicable
ASTM standard.
5. Chainlink and wire fencing is permitted around construction sites only as a temporary use. The required
height of construction fencing shall be established as part of the building permit approval process.
6. Chainlink and wire fencing shall be permitted along state and federal roadways.
7. In the event that a yard is enclosed with a chainlink fence that was installed prior to August 12, 2003, and
one side of the fence enclosure is on a neighbor's property and the neighbor removes the chainlink fence,
the owner may continue to enclose his/her yard with a chainlink fence by constructing a new fence on
his/her property to replace the fence removed by the neighbor.
F. Fences and barriers along major arterials: If a formal barrier or sound wall system is not in place, a solid
fence/wall structure may only be erected 4 as follows:
1. The solid fence/wall structure is located along one of the following: Roosevelt Road, 220d Street,
Illinois Route 83/Kingery Highway, Interstate Highway 1-88, or Interstate Highway 1-294; and
2. The solid fence/wall structure is a single unified system that is approved by all affected property owners, the
subdivision homeowners' association (if applicable) and the Village of Oak Brook. (Ord. G-1021,3-11-2014)
3. A solid fence/wall structure shall be considered a six foot (6') high board on board wood fence consisting of
a natural wood finish unless otherwise determined by the subdivision homeowners' association.
G. Residential Subdivision Fences: Residential subdivisions are unique and vary in lot sizes, geographv and
Timber Trails — Merry Lane Subdivision.
a) The maximum fence height shall not exceed five feet (51 in the rear yard and required rear yard setback
Five foot (5') high fences shall be located behind the rear facade of the single-family residence.
b) A five foot (5'1 high fence shall not be permitted in an alternate front yard or alternate front yard setback
C) A five foot (5') high fence shall be nonsolid and at least 50% open. Nonsolid fences shall be constructed
H. Commercial Fencing:
1. Trash receptacles.
2.
Governmental Service Facilities and Public Utilities Fencing (excluding properties in the CR District):
1. Security fencing shall not exceed eight foot (81 in height.
2. Barbed wire and similar material are prohibited, except where deemed necessary and appropriate for
Homeland Security purposes by the Chief of Police and the Development Services Director.
Section Three - Codification
The title, chapter(s) and section(s) adopted by this Ordinance shall be numbered and placed in an
appropriate title, chapter(s), and sections(s) sections when and during the codification of the Oak Brook Municipal
Code.
Section Four - Effective Date
This Ordinance shall be in full force and effect from and after its passage, approval and publication as
provided by law.
Section Five - Publication
This Ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code.
Section Six - Conflict Clause
That all ordinances or parts of ordinances in conflict with the terms of this Ordinance shall be repealed to
the extent of said conflict.
Section Seven - Saving Clause
If any section, paragraph, clause or provision of this Ordinance is declared by a court of law to be invalid
or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of the remaining provisions
of the Village's Municipal Code, which are hereby declared to be separable.
Section Eight - Recording
This Ordinance shall be entered into the minutes and upon thejournals of the Board of Trustees of the
Village of Oak Brook.
Reminder of Page Intentionally Left Blank, Roll Call Vote to follow
APPROVED THIS 14th day of June, 2022.
PASSED THIS 14th day of June, 2022.
Ayes:
Nays:
Absent:
ATTEST:
Gopal G. Lalmalani
Village President
Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf
None
None
4eld,(Ak4-d
Charlotte K. Pruss
Village Clerk