===== PDF PAGE 6 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: oA. Zoning Text Amendments Corrections and Clarifications FILE NUMBER: Ordinance 22-O0-0025 COMMITTEE AGENDA DATE: Aug. 8, 2022 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE Mpa APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: Staff has prepared a series of Zoning Text Amendments that clarify requirements, codify past practices, and remove inconsistencies within certain regulations for fences and driveways. Staff is not proposing to add new regulations but instead to explain in clear terms how certain codes within these sections are enforced. A public hearing for the proposed Zoning Text Amendments was held on August 2, 2022. The Plan Commission voted 6-0 to recommend approval of the proposed Zoning Text Amendments. ACTION PROPOSED: Review and approval of the proposed Zoning Text Amendments. COMMITTEE RECOMMENDATION: Attachments: Proposed Zoning Text Amendments Draft Ordinance 22-O0-0025 ===== PDF PAGE 7 ===== [Extraction: OCR (rendered-page OCR)] Proposed Text Amendments to Appendix A (Zoning Code) of the Code of Ordinances of the City of West Chicago Development Committee August 8, 2022 Underline = New Text; Strikethrough = Deleted Text ARTICLE VII SUPPLEMENTARY USE AND BULK REGULATIONS Amendment to Section 7.1(B) (Fences — Fence Construction Standards) of Appendix A (Zoning Code) as follows: (1) Location: Each fence shall be located completely within the boundaries of the lot e# for which it-istoeated the permit has been issued, including all posts, bases and other structural parts. Amendment to Section 7.1(C) (Fences — District Regulations) of Appendix A (Zoning Code) as follows: (1) Residential districts. a. Only decorative and open fences shall be permitted in actual front yards and shall not exceed four (4) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height. Chain-link fences shall be prohibited in the actual front yard. b. Fences shall be permitted in actual interior and corner side yards, provided that the fence does not extend beyond the front line of the building or structure and shall not exceed six (6) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height. c. Fences shall be permitted in actual rear yards and shall not exceed six (6) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height;. erin Fences located in an actual rear yard extending along any state highway or railroad right-of-way, in-whieh-casethefenee shall not exceed eight (8) feet in height. d. Privacy fences immediately adjacent to patios or first floor decks shall not exceed six (6) feet in height, as measured from the top of the patio or deck. A privacy fence immediately adjacent to a deck other than a first floor deck shall not exceed five (5) feet in height, as measured from the top of the deck. Said privacy fences shall not exceed a total of ten (10) lineal feet and shall not require a permit. ===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] e. Fences within a frentyard visibility triangle shall not exceed three (3) feet in height. height. (2) Commercial and manufacturing districts. a. Fences shall be permitted in interior side yards, corner side yards and rear yards and shall not exceed eight (8) feet in height, except within a visibility triangle, which shall not exceed three (3) feet in height. Fences that are required to provide screening of outside activity or storage, in accordance with Section 11.2- 1(C)(2)(a) of Appendix A (the Zoning Code), shall be permitted up to ten (10) feet in height, except within a visibility triangle, which shall not exceed three (3) feet in height. b. Fences shall be permitted in actual front yards and shall not exceed four (4) feet in height in commercially zoned districts and six (6) feet in height in manufacturing zoned districts, except within a visibility triangle, which shall not exceed three (3) feet in height. c. Fences within a frontyard visibility triangle shall not exceed three (3) feet in height. Mexeesseithinceormercside pond isthe tewele shall petececed four (4 feeHintreight. ARTICLE XIII OFF-STREET PARKING AND LOADING Amendment to Section 13.1-13 (A) (Parking — Location of Parking — Residential Districts) of Appendix A (Zoning Code) as follows: (A) Residential districts. ) Permit required: No person shall begin the construction, alteration, or replacement of a driveway within a Residential District without first having applied for and obtained a permit in writing to do so from the City of West Chicago. (2) Driveway coverage of a lot. A ew driveway shall cover no more than fifteen (15) percent of a lot. However, in the event that a new driveway leads to a detached garage located behind the rear building line, the driveway shall cover no more than twenty (20) percent of the lot. All existing driveways that are to be repaired or replaced at or less than the same dimensions and areas that they currently exist shall be exempt from the aforementioned lot coverage regulations in this subsection. Existing driveways enlarged beyond the current dimensions shall comply with the aforementioned lot coverage regulations in this subsection. 2} (3) Driveway coverage of front yard. A driveway shall not cover more than the following percentages of an actual front yard of a residential lot: ===== PDF PAGE 9 ===== [Extraction: OCR (rendered-page OCR)] a. R-1..... 40% b. R-2..... 40% C. -3 ..... 42.5% d. R-4..... 45% e. R-5..... 45% 3} (4) Driveway width: a. Driveways (other than ribbon driveways): The maximum width of a driveway in the actual front yard shall not exceed forty-five (45) percent of the lot width. The minimum width of a driveway, at any point in the driveway, shall not be less than eight (8) feet. b. Ribbon driveways: The maximum width of a ribbon driveway in the actual Sront yard, as measured from the outermost edges of each strip, shall not exceed forty-five (45) percent of the lot width. The minimum width of each strip in a ribbon driveway shall be not less than two (2) feet and the strips shall have a minimum separation of five (5) feet on center. ¢4) (5) Parking spaces accessory to dwellings located in any residential zoning district shall be located on the same lot as the dwelling. Each parking space accessory to a multifamily dwelling shall be unobstructed so that no vehicle needs to be moved in order to allow another vehicle to enter/exit the parking area. 5} (6) There shall be no parking except on driveways, parking lots, or in enclosed P Ig excep ays, P' g garages, constructed consistent with the provisions of this section. (7) All new driveways shall lead directly from a street or alleyway to the entrance of a garage. (6} (8) New-driveways Driveways eecessoryto-dwellingstocated ieany residential zoning-distriet shall be surfaced with a minimum of two and one-half (2 %2) inches of bituminous asphalt pavement over six (6) inches of compacted gravel, or with a minimum of four (4) inches of concrete pavement_over four (4) inches of compacted gravel, or with interlocking pavers designed and approved for vehicle parking over ten (10) inches of compacted gravel. Existing driveways that do not comply with the aforementioned surfacing requirements in this subsection as of December 20, 2021 shall be deemed legal nonconforming with respect to the surface material and may remain provided that no expansion or replacement of the legal nonconforming driveway occurs. An expansion or replacement of the legal nonconforming driveway shall require compliance with the surfacing requirements of this subsection. () Driveway approaches within a public right-of-way shall comply with Section 15- 4. - Standards and procedures for driveway approaches and sidewalks, of the Code of Ordinances of the City of West Chicago. 7) (10) All new single-family dwellings shall be required to provide two (2) completely enclosed parking spaces. ===== PDF PAGE 10 ===== [Extraction: OCR (rendered-page OCR)] 8) (11) It shall be prohibited to use a garage as a dwelling space unless it is attached to a & SP house and another garage providing the same number of parking spaces is provided on the same property. £6) (12) All parking spaces accessory to permitted non-dwelling uses located in any residential district generally shall be located on the same lot as the use served. An exception: The administrator may allow such parking facilities to be located on another parcel within two hundred (200) feet of the use served if the "same lot" requirement is not feasible. €24) (13) Paved and concrete driveways and sidewalks may only be expanded using the same or higher quality surface material as approved by the Code Official. 22} (14) Driveway location. a. Is ef Residences having primary access off of Neltnor Boulevard (IL Route 59) or North Avenue (IL Route 64) shall be exempt from these regulations. Driveways Sshall have a minimum setback of one (1) foot from an interior side lot line, exeluding driveways unless the driveway is located in the R-5 zoning district and thet leads to a detached garage, in which case no setback shall be required. Driveways Sshall be prohibited in an actual interior side yard, except when leading to a detached garage. When leading to an attached garage the driveway shall only be located in the area directly in front of the garage or in that portion of the actual front yard between the closest interior side lot line and the garage. No portion of any driveway Driveways-in front-of the non-garage portion-of the-residence-shall-beprohibited. may be located in front of a non-garage portion of a residence. Any portion of a driveway that leads to an attached garage and is located in that portion of the actual front yard between the closest interior side lot line and the garage shall be tapered so that the maximum width of the driveway at the property line is equal to or less than the width of the garage. This portion of the driveway shall have a maximum width of nine (9) feet and a maximum length of eighteen (18) feet, measured from the front of the garage to the start of the taper. The taper shall reduce at a maximum ratio of one (1) foot length for every one (1) foot in width of that portion of the driveway. ===== PDF PAGE 11 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 22-0-0025 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO —- APPENDIX A ARTICLES VII AND XIII OF THE ZONING CODE RELATING TO FENCES AND DRIVEWAYS WHEREAS, the City of West Chicago periodically reviews the text of the Zoning Code for inconsistencies, discrepancies, and regulations in need of clarification ; and WHEREAS, it is necessary to amend the Zoning Code, from time to time, to explain in clear terms how certain codes are enforced; and WHEREAS, vague or inconsistent regulations within the Zoning Code must be addressed to avoid confusion; and WHEREAS, the City Council believes it is in the best interest of the City to clarify certain sections of the Zoning Code; and WHEREAS, Notice of Public Hearing on said text amendment was published in the Dai- ly Herald on or about July 18, 2022, as required by the ordinances of the City of West Chicago and the statutes of the State of Illinois; and WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of Appeals of the City of West Chicago on August 2, 2022 pursuant to said Notice; and WHEREAS, at the Public Hearing all interested parties had an opportunity to be heard; and WHEREAS, the corporate authorities of the City of West Chicago have received the recommendation of the Plan Commission/Zoning Board of Appeals which contains specific findings of fact, pursuant to Recommendation No. 22-RC-0008, a copy of which is attached hereto as Exhibit “A” which is, by this reference, made a part hereof. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chi- cago, Du Page County, Illinois, in regular session assembled, as follows: Section 1. That Section 7.1(B) — Fence Construction Standards, of Article VII, Appendix A, of the Code of Ordinances of the City of West Chicago be amended as follows: (1) Location: Each fence shall be located completely within the boundaries of the lot on for which it-is-toeated the permit has been issued, including all posts, bases and other structural parts. Section 2. That Section 7.1(C) — District Regulations, of Article VII, Appendix A, of the Code of Ordinances of the City of West Chicago be amended as follows: (1) Residential districts. Ordinance 22-0-0025 Page 1 of 6 ===== PDF PAGE 12 ===== [Extraction: OCR (rendered-page OCR)] a. Only decorative and open fences shall be permitted in actual front yards and shall not exceed four (4) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height. Chain-link fences shall be prohib- ited in the actual front yard. b. Fences shall be permitted in actual interior and corner side yards, provided that the fence does not extend beyond the front line of the building or structure and shall not exceed six (6) feet in height, except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height. c. Fences shall be permitted in actual rear yards and shall not exceed six (6) feet in pie except within a visibility triangle, in which case the fence shall not exceed three (3) feet in height;. erin Fences located in an actual rear yard extending along any state highway or railroad right-of-way-in-whieh-easethefenee shall not exceed eight (8) feet in height. d. Privacy fences immediately adjacent to patios or first floor decks shall not exceed six (6) feet in height, as measured from the top of the patio or deck. A privacy fence im- mediately adjacent to a deck other than a first floor deck shall not exceed five (5) feet in height, as measured from the top of the deck. Said privacy fences shall not ex- ceed a total of ten (10) lineal feet and shall not require a permit. e. Fences within a feont-yard visibility triangle shall not exceed three (3) feet in height. (2) Commercial and manufacturing districts. a. Fences shall be permitted in interior side yards, corner side yards and rear yards and shall not exceed eight (8) feet in height, except within a visibility triangle, which shall not exceed three (3) feet in height. Fences that are required to provide screen- ing of outside activity or storage, in accordance with Section 11.2-1(C)(2)(a) of Ap- pendix A (the Zoning Code), shall be permitted up to ten (10) feet in height, except within a visibility triangle, which shall not exceed three (3) feet in height. b. Fences shall be permitted in actual front yards and shall not exceed four (4) feet in height in commercially zoned districts and six (6) feet in height in manufacturing zoned districts, except within a visibility triangle, which shall not exceed three (3) feet in height. c. Fences within a feent-yard visibility triangle shall not exceed three (3) feet in height. height. Section 3. That Section 13.1-13(A) — Location of Parking, of Article XII, Appendix A, of the Code of Ordinances of the City of West Chicago, be amended to add the following: de- fined terms: (A) Residential districts. (1) Permit required: No person shall begin the construction, alteration, or replace- ment of a driveway within a Residential District without first having applied for and obtained a permit in writing to do so from the City of West Chicago. Ordinance 22-0-0025 Page 2 of 6 ===== PDF PAGE 13 ===== [Extraction: OCR (rendered-page OCR)] 2 (2) Driveway coverage of a lot. A #ew driveway shall cover no more than fifteen (15) percent of a lot. However, in the event that a new driveway leads to a detached garage located behind the rear building line, the driveway shall cover no more than twenty (20) percent of the lot. All existing driveways that are to be repaired or re- placed at or less than the same dimensions and areas that they currently exist shall be exempt from the aforementioned lot coverage regulations in this subsection. Existing driveways enlarged beyond the current dimensions shall comply with the aforemen- tioned lot coverage regulations in this subsection. €2} (3) Driveway coverage of front yard. A driveway shall not cover more than the following percentages of an actual front yard of a residential lot: a. R-1..... 40% b. R-2..... 40% c. R-3..... 42.5% d. R-4.....45% e. R-5.....45% 3} (4) Driveway width: a. Driveways (other than ribbon driveways): The maximum width of a drive- way in the actual front yard shall not exceed forty-five (45) percent of the lot width. The minimum width of a driveway, at any point in the driveway, shall not be less than eight (8) feet. b. Ribbon driveways: The maximum width of a ribbon driveway in the actual front yard, as measured from the outermost edges of each strip, shall not exceed forty-five (45) percent of the lot width. The minimum width of each strip in a ribbon driveway shall be not less than two (2) feet and the strips shall have a minimum separation of five (5) feet on center. €4 (5) Parking spaces accessory to dwellings located in any residential zoning dis- trict shall be located on the same lot as the dwelling. Each parking space accessory to a multifamily dwelling shall be unobstructed so that no vehicle needs to be moved in order to allow another vehicle to enter/exit the parking area. 5} (6) There shall be no parking except on driveways, parking lots, or in enclosed garages, constructed consistent with the provisions of this section. (7)_All new driveways shall lead directly from a street or alleyway to the entrance of a garage. (6} (8) New-driveways Driveways aecesseryto-dwellings_tecated in-anyresidential zening-distriet shall be surfaced with a minimum of two and one-half (2 ¥%) inches of bituminous asphalt pavement over six (6) inches of compacted gravel, or with a min- imum of four (4) inches of concrete pavement_over four (4) inches of compacted grav- el, or with interlocking pavers designed and approved for vehicle parking over ten (10) inches of compacted gravel. Existing driveways that do not comply with the aforementioned surfacing require- ments in this subsection as of December 20, 2021 shall be deemed legal nonconform- ing with respect to the surface material and may remain provided that no expansion Ordinance 22-0-0025 Page 3 of 6 ===== PDF PAGE 14 ===== [Extraction: OCR (rendered-page OCR)] or replacement of the legal nonconforming driveway occurs. An expansion or re- placement of the legal nonconforming driveway shall require compliance with the surfacing requirements of this subsection. (9) Driveway approaches within a public right-of-way shall comply with Section 15- 4, - Standards and procedures for driveway approaches and sidewalks, of the Code of Ordinances of the City of West Chicago. 4 (10) All new single-family dwellings shall be required to provide two (2) com- pletely enclosed parking spaces. €&} (11) It shall be prohibited to use a garage as a dwelling space unless it is attached to a house and another garage providing the same number of parking spaces is pro- vided on the same property. 6} (12) All parking spaces accessory to permitted non-dwelling uses located in any residential district generally shall be located on the same lot as the use served. An exception: The administrator may allow such parking facilities to be located on an- other parcel within two hundred (200) feet of the use served if the "same lot" re- quirement is not feasible. 44 (13) Paved and concrete driveways and sidewalks may only be expanded using the same or higher quality surface material as approved by the Code Official. 2 (14) Driveway location. a. Residences having primary access off of Neltnor Boulevard (IL Route 59) or North Avenue (IL Route 64) shall be exempt from these regulations. b. Driveways Sshall have a minimum setback of one (1) foot from an interior side lot line, exeluding driveways unless the driveway is located in the R-5 zoning district and that leads to a detached garage, in which case no set- back shall be required. c. Driveways Sshall be prohibited in an actual interior side yard, except when leading to a detached garage. d. When leading to an attached garage the driveway shall only be located in the area directly in front of the garage or in that portion of the actual front yard between the closest interior side lot line and the garage. e. No portion of any driveway Driveways-in front of the nen-garage portion-of the-residence-shallbe-prehibited_may be located in front of a non-garage portion of a residence. e. fAny portion of a driveway that leads to an attached garage and is located in that portion of the actual front yard between the closest interior side lot line and the garage shall be tapered so that the maximum width of the driveway at the property line is equal to or less than the width of the garage. This por- tion of the driveway shall have a maximum width of nine (9) feet and a max- imum length of eighteen (18) feet, measured from the front of the garage to the start of the taper. The taper shall reduce at a maximum ratio of one (1) foot length for every one (1) foot in width of that portion of the driveway. Ordinance 22-O-0025 Page 4 of 6 ===== PDF PAGE 15 ===== [Extraction: OCR (rendered-page OCR)] Section 4. That all ordinances and resolutions, or parts thereof, in conflict with the pro- visions of this Ordinance are, to the extent of such conflict, expressly repealed. Section 5. That this Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as provided by law. PASSED this day of , 2022. Alderman Beifuss Alderman Chassee Alderman Sheehan Alderman Brown Alderman Hallett Alderman Dettman Alderman Birch-Ferguson Alderman Dimas Alderman Swiatek Alderman Garling Alderman Stout Alderman Short Alderman Jakabesin Alderman Morano APPROVED as to form: City Attorney APPROVED THIS day of , 2022. Mayor Ruben Pineda ATTEST: Deputy City Clerk Valeria Perez PUBLISHED: Ordinance 22-O-0025 Page 5 of 6 ===== PDF PAGE 16 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” RECOMMENDATION # 21-RC-0008 TO: The Honorable Mayor and City Council SUBJECT: PC 22-09 Zoning Text Amendments. DATE: August 2, 2022 DECISION: The motion to approve the proposed amendments was approved by a vote of six (6) “yes” and zero (0) “no”. RECOMMENDATION: After a review of the proposed Zoning Text Amendments as presented, the Plan Commis- sion/Zoning Board of Appeals finds that the proposed amendments do not pose a threat to the health, safety and welfare of the community. It is the Commission’s opinion that the proposed amendments will be beneficial to the City of West Chicago. The amendments are in keeping with the purpose of the Zoning Code. The Plan Commission is of the opinion that the proposed amendments will protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity and the general welfare of the citizens of West Chicago community. Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Laimins Kasprak Hale Billingsley Slattery Henkin Banasiak Ordinance 22-O0-0025 Page 6 of 6