CITY OF WARRENVILLE DU PAGE COUNTY, ILLINOIS ORDINANCE NO. 2894 ORDINANCE AMENDING ORDINANCE NO. 1018, ZONING ORDINANCE OF THE CITY OF WARRENVILLE WHEREAS, the City of Warrenville has duly enacted a Zoning Ordinance, Ordinance No. 1018, in the manner provided by law, as amended from time to time; and WHEREAS, after publication as provided by law, the Plan Commission of the City of Warrenville held a public hearing on October 9, 2014, which was continued to October 23, 2014, with respect to amending certain provisions of the Zoning Ordinance and subsequently unanimously recommended that the City Council amend the Zoning Ordinance as set forth hereinafter; and WHEREAS, a proposed amendment with respect to beekeeping has been held for further discussion by the Plan Commission; and WHEREAS, the Mayor and City Council find and hereby declare that it is in the best interests of the City to amend the provisions of Ordinance No. 1018, Zoning Ordinance, as set forth hereinafter; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WARRENVILLE, DU PAGE COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: The foregoing recitals shall be, and they are hereby, incorporated within this Section One as findings of fact as if said recitals were fully set forth herein.
SECTION TWO: Subsection a. of Section 12.C.2. of Ordinance No. 1018, Zoning Ordinance of the City of Warrenville, shall be and is hereby amended in its entirety so that said Subsection a. shall hereafter be and read as follows: a. The Plan Commission shall consist of nine members, which may include up to three members from the same ward, provided that each ward of the City shall be represented by at least one member, and one member may be from the unincorporated area contiguous to the City. SECTION THREE: Subsection c. of Section 12.C.2. of Ordinance No. 1018, Zoning Ordinance of the City of Warrenville, shall be and is hereby deleted, and Subsections d. through g. are hereby renumbered as Subsections c. through f. SECTION FOUR: Subsection c. of Section 12.D.2. of Ordinance No. 1018, Zoning Ordinance of the City of Warrenville, shall be and is hereby deleted, and Subsections d. through f. are hereby renumbered as Subsections c. through e. SECTION FIVE: Section 2.E.1., Sign Display, of Ordinance No. 1018, Zoning Ordinance of the City of Warrenville, shall be and is hereby amended in its entirety and shall hereafter be and read as follows: 1. SIGN DISPLAY The applicant shall post a sign at least 10 square feet in area in the front yard of the subject property, facing and visible from a public street and no further than 30 feet from the right-of-way line. The sign shall plainly state the type of zoning action requested and the scheduled date, time, and location of the hearing thereupon. The sign shall conform to such requirements as to copy, size of lettering, and other items as may be established by the City Council. -2-
The sign shall be erected no more than 30 nor less than 15 days prior to the date of the scheduled public hearing. The sign shall remain continuously in place until the hearing is concluded, but no more than 7 days thereafter. No posting of a sign shall be required if the applicant is the City of Warrenville. SECTION SIX: Section 10.A.2.C., Keeping of Chickens, of Ordinance No. 1018, Zoning Ordinance of the City of Warrenville, shall be and is hereby amended in its entirety and shall hereafter be and read as follows: C. Keeping of Chickens Chickens may be kept on lots of 10,000 square feet or more in any Residential District, provided that: a. no more than ten (10) chickens shall be allowed on a property, b. no roosters shall be allowed, c. chickens shall be confined at all times in a chicken coop and chicken run, d. a chicken coop and chicken run shall be provided as required in Tables 10A and 10B, SECTION SEVEN: Section 1.A., Establishment and Applicability, of Ordinance No. 1018, Zoning Ordinance of the City of Warrenville, shall be and is hereby amended to add a new Subsection 11, which new Subsection 11 shall hereafter be and read as follows: 11. ENCROACHMENTS AND EXTENSIONS Notwithstanding the requirements established herein, principal and accessory structures may encroach a maximum of three inches into a maximum of one required yard or setback, and extend up to a maximum of three inches over the maximum structure height. Fence height shall be allowed to extend up to a maximum of six inches over the maximum height, provided that fence posts and panels do not exceed six feet in height. SECTION EIGHT: Section 10.B.2., Obstructions, of Ordinance No. 1018, Zoning Ordinance of the City of Warrenville, shall be and is hereby amended in its entirety and shall hereafter be and read as follows: -3-
2. OBSTRUCTIONS Court yards and required yards may be obstructed by accessory uses or building projections only as provided in Table 10B. SECTION NINE: Table 10B: Permitted Obstructions of Required Yards, of Ordinance No. 1018, Zoning Ordinance of the City of Warrenville, shall be and is hereby amended to allow pergolas to encroach into the required yards in a manner consistent with open decks and patios, both attached and detached, and shall hereafter be read as follows: Interior Corner Maximum Projection or Front Rear Side Side Court Encroachment Accessory Use Yard Yard Yard Yard Yard in Feet [c] Deck, patio, pergola, open and detached from principal building [d] - X - - - - Deck, patio, porch, breezeway, pergola, open and attached to principal building [d] X X - X - 10 SECTION TEN: Table 10A: Standards for Accessory Structures, of Ordinance No. 1018, Zoning Ordinance of the City of Warrenville, shall be and is hereby amended to add pergolas to the list of accessory structures and specify the minimum setback in feet and shall hereafter be read as follows: Front & Corner Side Lot Lines Other Lot Lines Deck, patio, pergola, open and detached - 5 from interior from principal building side, 10 from rear SECTION ELEVEN: Those portions of the Zoning Ordinance which have not been expressly amended herein shall be and hereby ratified and affirmed and shall remain in full force and effect. -4-
SECTION TWELVE: All policies, ordinances or resolutions, or parts thereof that conflict with the provisions of this Ordinance are hereby expressly repealed to the extent of such conflict. SECTION THIRTEEN: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. PASSED THIS day of, 2014. AYES: NAYS: ABSENT: APPROVED THIS day of, 2014. ATTEST: MAYOR CITY CLERK JM/174766\REV10/28/14-5-
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REVIEW PLAN COMMISSION/ZONING BOARD OF APPEALS October 9, 2014, revised October 23, 2014 ZONING ORDINANCE TEXT AMENDMENTS INTRODUCTION: During the course of implementing the Warrenville Zoning Ordinance over the past year, Community Development Department staff has identified certain provisions of the Zoning Ordinance that should be modified in order to facilitate more effective implementation and enforcement, and preclude different interpretations of the Ordinance. In addition, some of the proposed amendments were brought forward by the Warrenville Environmental Advisory Committee (EAC). At the Community Development staff s request, the City Council authorized staff and the Plan Commission to conduct a public hearing to consider the potential Zoning Ordinance amendments outlined further in this Staff Report. A legal notice listing the potential text amendments was published in the Daily Herald on Wednesday, September 24, 2014. It is important to note that a public hearing for these amendments was held by the Plan Commission on October 9, 2014, and continued until October 23, 2014, Plan Commission meeting. This Staff Report does not currently reflect any public input and therefore should be reviewed with this fact in mind. Any additional information concerning the petition that might arise at the public hearing needs to be reviewed before a revised recommendation can be made. The following analysis identifies each of the proposed Zoning Ordinance Text Amendments and outlines why each amendment is being discussed or proposed. ANALYSIS: 1. Plan Commission Appointment Purpose: Amend Section 12.C.2 Appointments, to either eliminate the requirement to appoint one member from the unincorporated area contiguous to the City, or allow an at large City of Warrenville resident to be appointed to the Plan Commission. According to Section 12.C.2.a of the Warrenville Zoning Ordinance, The Plan Commission shall consist of nine members, which may include up to three members for the same ward; provided that each ward of the City shall be represented by at least one member, and one member shall be from the unincorporated area contiguous to the City. Recently, long-time Plan Commission member June Nelson representing the unincorporated area resigned from the Plan Commission. The Mayor is asking the City to consider a Zoning Ordinance text amendment that would either eliminate the unincorporated member requirement or change it to an at large City of Warrenville resident member. The City Attorney has confirmed that State statutes do not require the City to have an unincorporated member on the Plan Commission. Staff recommends the Plan Commission amend the Zoning Ordinance to eliminate the unincorporated member requirement and allow for the Plan Commission member to be an at large City of Warrenville resident or an unincorporated area resident. This amendment would
Zoning Ordinance Text Amendments CDD Staff Report Page 2 of 10 October 9, 2014, rev. October 23, 2014 provide for a greater pool of qualified candidates to choose from to fill current and future Plan Commission vacancies. Staff believes the nine-member Plan Commission is an appropriate sized advisory board for the City of Warrenville, which has proven to work efficiently and effectively over the years; therefore, staff does not recommend elimination of the unincorporated position and reduction of the Plan Commission to eight people. Summary of 10/9/14 Plan Commission discussion, update and/or new information At the October 9, 2014, meeting, the Plan Commission recommended to update the current language of the Zoning Ordinance to read from the same ward instead of for the same ward, which correction is reflected below. The Plan Commission was in agreement with the proposed text amendment, which is outlined below. Recommended Ordinance Modifications: 1. Modify Subsection a. of Section 12.C.2 Appointments to read as follows (removed text is in strikethrough, new text is in bold): a. The Plan Commission shall consist of nine members, which may include up to three members for from the same ward, provided that each ward of the City shall be represented by at least one member, and one member shall may be from the unincorporated area contiguous to the City. Plan Commission Action: Recommend City Council approval of the proposed amendment. 2. Plan Commission Compensation Reference Purpose: Amend Sections 12.C.2 Plan Commission Appointments and 12.C.2 Zoning Board of Appeals Appointments, to eliminate references to the compensation for the members of the Plan Commission and Zoning Board of Appeals. This housekeeping text amendment is requested by staff in order to eliminate the inconsistency between the current provisions of the City Code and Zoning Ordinance. Current provisions of the Zoning Ordinance require that all Plan Commission and Zoning Board of Appeals members serve without compensation, while current provisions of the City Code (Chapter 9, Section 2-9- 1), adopted in 2003 by Ordinance #2048, establish compensation for attendance at meetings for the Plan Commission and Zoning Board of Appeals members. Recommended Ordinance Modifications: 1. Modify Section 12.C.2 Appointments to eliminate subsection c. as follows and re-number subsequent subsections accordingly (removed text is in strikethrough): c. All members of the Commission shall serve without compensation except that, if the City Council deems it advisable, the secretary may receive such compensation as may be fixed from time to time by the City Council and provided for in the appropriation ordinance. 2. Modify Section 12.D.2 Appointments to eliminate subsection c. as follows and re-number subsequent subsections accordingly (removed text is in strikethrough): c. All members of the Board shall serve without compensation. Plan Commission Action: Recommend City Council approval of the proposed amendments.
Zoning Ordinance Text Amendments CDD Staff Report Page 3 of 10 October 9, 2014, rev. October 23, 2014 Summary of 10/9/14 Plan Commission discussion, update and/or new information The Plan Commission recommended approval of this amendment as proposed. 3. Public Hearing Sign Removal Purpose: Amend Section 2.E.1 Sign Display to reduce the timeframe allowed for removal of public hearing sign to no more than seven days after the public hearing conclusion. This amendment is requested by staff in order to eliminate the inconsistency between the Zoning Ordinance, which requires removal within 14 days, and the recently amended provisions of the Sign Ordinance requiring sign removal within seven days after the conclusion of any zoningrelated hearing. The Sign Ordinance provisions regarding public hearing sign removal were amended in September of 2014 by Ordinance #2887. Recommended Ordinance Modifications: 1. Modify third paragraph in Section 2.E.1 Sign Display to read as follows (removed text is in strikethrough, new text is in bold): The sign shall be erected no more than 30 nor less than 15 days prior to the date of the scheduled public hearing. The sign shall remain continuously in place until the hearing is concluded, but no more than 15 7 days thereafter. Plan Commission Action: Recommend City Council approval of the proposed amendments. Summary of 10/9/14 Plan Commission discussion, update and/or new information At the October 9, 2014, meeting, the Plan Commission discussed the possibility to simplify the informational content of the public hearing sign in order to improve its readability from the street. A reference was made to the City of Batavia public hearing sign requirements. Currently, the City of Batavia Zoning Ordinance requires the Applicant to post a public hearing sign noting the nature of request (i.e., zoning variation, special use, etc.), date, time and place of hearing. The Applicant is also required to change the date of the public hearing on the face of the sign if the hearing is being continued. According to the City of Batavia Planner, the current ordinance was adopted in 2010 at the request of City staff. Prior to the amendment, staff was responsible for making the public hearing sign, manually changing (taping over) the dates on the signs and maintaining them. Batavia staff encountered problems with such signs maintenance and replacement, as signs were greatly impacted by the weather, and went missing in some cases, which prompted the City of Batavia to change their policy. According to the City Attorney David Freeman, the State does not establish specific minimum requirements for the public hearing notice sign, however, many municipalities, including Warrenville, establish such specific requirements and note the nature of request, date, time and location of the public hearing. The City Attorney strongly recommends continuation of the established practice of public hearing notification. Going forward, staff will work on public hearing sign content to simplify the request description and eliminate the legal description of the property, which would improve the sign readability.
Zoning Ordinance Text Amendments CDD Staff Report Page 4 of 10 October 9, 2014, rev. October 23, 2014 4. Beekeeping for the Purpose of Producing and Selling Honey Home Occupation Purpose: Amend Section 1: General Provisions, Section 3. Allowed Uses, and Section 10. Accessory Uses and Yards to allow bee keeping for the purpose of producing and selling honey as a permitted home occupation under certain conditions. Beekeeping is regulated by the Illinois Department of Agriculture in accordance with the Bees and Apiary Act (510 ILCS 20). An annual registration with the State is required. Currently, beekeeping is not listed as a permitted home occupation, and therefore, keeping of bees for the purpose of producing and selling honey is not permitted by the City Zoning Ordinance. The Environmental Advisory Commission (EAC) is requesting an amendment to the Zoning Ordinance, which would allow beekeeping for the purpose of producing and selling honey as a home occupation on residential properties under certain conditions. A detailed request from the EAC is outlined in the attached Memo dated August 19, 2014 (Exhibit A). Specifically, the Environmental Advisory Board recommends that Section 10.A.2 Special Accessory Uses of the Zoning Ordinance be amended to add beekeeping to the Permitted Home Occupations as noted below: t. Honey beekeeping, no more than 10 hives per property, where hives are a minimum of 5 feet from any property line or sidewalk, and the front of each hive faces away from the nearest adjacent property, and adequate water and flowering plants are provided to prevent the bees from becoming a nuisance, and the beekeeper is registered with the Illinois Department of Agriculture. City staff verified with the City Attorney David Freeman that the current State regulations do not prohibit the City from regulating beekeeping for honey sales as a home occupation or beekeeping in general. While current State statutes do not preempt municipal regulation, the Act provides that the Department of Agriculture is authorized to promulgate rules and regulations for the enforcement and administration of this Act (Section 20/5), and may cooperate with political subdivisions of the State (such as the City) to secure uniformity of regulations. (Section 20/3a). The City Attorney recommends in the interest of caution, that, if the City decides to adopt its rules for beekeeping, we check with the State to make sure the proposed rules do not conflict with or contradict those promulgated by the State. Summary of 10/9/14 Plan Commission discussion, update and/or new information At the October 9, 2014, meeting, the Plan Commission discussed the EAC s request to allow beekeeping for the purpose of selling honey as a home occupation, and expressed their support for this potential text amendment, provided that specific controls are established to minimize any negative impact on the neighboring properties. The Plan Commission directed staff to further research the subject matter, and review current municipal regulations in other Illinois communities. The following is a summary of staff s research and findings. A number of communities allow the beekeeping use in certain zoning districts and/or on certain size properties subject to specific regulations (i.e., setback, fencing) in addition to the required registration with the State of Illinois.
Zoning Ordinance Text Amendments CDD Staff Report Page 5 of 10 October 9, 2014, rev. October 23, 2014 The Village of Skokie has one of the most restrictive beekeeping regulations. In addition to local permitting, specific bulk regulations and detailed hive specifications and maintenance requirements, any potential beekeeper must submit a written consent from all neighbors on residential property that abuts the proposed beekeeping location. According to the Skokie s Health Department, their Beekeeping Ordinance was adopted in November 2013, and it was initiated by a beekeeper s neighbor, whose child was allergic to honeybees. The beekeeper was not able to obtain a permit under the new Village s regulations, and discontinued beekeeping on his property. There are currently no known beekeepers in the Village of Skokie. Small properties (many of which are 25-foot wide lots) and high density (four-foot setbacks for single family homes) were the key considerations during the public hearing for the Beekeeping Ordinance. The Village of Skokie recognizes the importance of beekeeping for the environment and encourages its residents to consider communal beekeeping gardens by working closely with Garfield Park Conservatory, Cook-DuPage Beekeepers Association and beekeeping farms. The Village of Schaumburg provides two options for beekeeping: (i) maintain a bee hive in Schaumburg s Community Bee Garden, and (ii) maintain a bee hive in a residential back yard. The Village established the following beekeeping requirements, review and approval process: Beehives are currently allowed in the A (Agricultural zoning district with a minimum size of 5 acres) and R-1 (Single Family Rural zoning district with a minimum size of 2.5 acres) residential districts. Beehives are permitted as a Special Use in R-4, R-6, R-6C, and R-7 residential districts. The R-4, R-6, R-6C, and R-7 residential districts are comprised of lots ranging in size from 8,750 20,000 square feet. The special use approval requires review by the Zoning Board of Appeals and approval by the Village Board. The fee for the special use review is $603. The City of Yorkville adopted an Ordinance in 2014, allowing beekeeping as follows: - Limited beekeeping is allowed on properties as a permitted accessory use within one and two-family residential zoned properties, as well as business districts. Two colonies are allowed on a one-acre lot or less, and as many as eight colonies are allowed on a lot of more than one acre. - An Annual City Permit and inspection are required in addition to the State registration. - Courtesy notification to all neighbors is required. - Fencing with a minimum setback of 30 feet from property line and signage announcing bees on property are required. - No more than 12 licenses can be issued, and no two beekeeping licenses can be issued within 1,000 square feet. The City of Springfield requires a Special Use Permit for beekeeping as an accessory use in any single-family residential property. In addition, Springfield s City Code establishes minimum lot size and setback requirements for bee hives. Most other municipal ordinances researched consider beekeeping as part of an agricultural use, which requires a large lot size (two five acres minimum).
Zoning Ordinance Text Amendments CDD Staff Report Page 6 of 10 October 9, 2014, rev. October 23, 2014 Warrenville staff discussed the potential regulations with local beekeeper Charles Ingram, who provided the following recommendations and input: Three hives on a property as small as some of the Summerlakes properties should not be a problem for either the bees or humans, as long as they are raised correctly. It is best to have a minimum of three separate hives to better track the health of the hives. The hives need to open to the inside of the property to prevent the bees from coming and going over the property line. If the property is not fenced, a fence will force bees to fly upward and alleviate any concern from an adjacent property owner. Having a three to five-foot setback from the property line is appropriate for the hive(s). All hives need to be registered with the Department of Agriculture. Honeybees are non-aggressive by nature, but protective of their hive if under threat. Based on the review of the above information, and a very low volume of inquiries regarding beekeeping, staff believes the current Home Occupation provisions of the Zoning Ordinance adequately address beekeeping for the purpose of selling honey. Specifically, since beekeeping is not listed as either a permitted or prohibited home occupation, it may be approved as a Special Use Permit in accordance with the Zoning Ordinance. Rather than developing a new set of regulations and creating a one-size-fits-all bee ordinance, staff recommends that individual requests for beekeeping for the purpose of selling honey be processed as a Special Use Permit, which would allow consideration of unique aspects of each request and address them through specific approval conditions on a case-by-case basis. If the Plan Commission feels strongly that regulations should be established for beekeeping in Warrenville, staff offers the following parameters for consideration: Up to four hives may be kept on properties of 10,000 square feet or over Up to eight hives may be kept on properties of 40,000 square feet or over Hives may be located in rear yards only; a 30-foot minimum hive setback from the property line shall be provided All bee hives shall be registered with the State Department of Agriculture In addition, beekeeping for the purpose of selling honey may be added to the list of Permitted Home Occupations, provided it is conducted in accordance with the established requirements for beekeeping. Recommended Ordinance Modifications: To be formulated following the public hearing discussion. Plan Commission Action: Hold formal public hearing, deliberate and provide recommendation to the City Council. 5. Maximum Number of Chickens Purpose: Amend Section 1: General Provisions, Section 3. Allowed Uses, and Section 10. Accessory Uses and Yards to increase and/or remove maximum number of chickens allowed to be kept on a residential property under certain conditions.
Zoning Ordinance Text Amendments CDD Staff Report Page 7 of 10 October 9, 2014, rev. October 23, 2014 In 2009, the City of Warrenville amended the Zoning Ordinance (Ordinance #2539) to allow keeping of chickens on residential properties. The current provisions allow keeping of chickens on lots of 10,000 square feet or more in any Residential District, provided that: a. no more than four chickens shall be allowed on a property, b. no roosters shall be allowed, c. chickens shall be confined at all times in a chicken coop and chicken run, d. a chicken coop and chicken run shall be provided as required in Tables 10A and 10B, e. chicken coops shall not be allowed to be located in any part of a home and/or attached garage but may be located adjacent to a principal or other accessory building or within an accessory building, and f. chicken feed shall be kept in a predator/rodent proof container. The EAC is requesting a text amendment that would eliminate the maximum number of chickens that are allowed to be kept on a residential property. A detailed request is outlined in the attached Memo dated September 16, 2014 (Exhibit B). Summary of 10/9/14 Plan Commission discussion, update and/or new information In response to the Plan Commission inquiry, the City Code Enforcement Shearer provided the following list of complaints registered within last two years regarding keeping of chickens in Warrenville: Property Address : Nature of Complaint: 3S500 Block Virginia Ave chicken coop too close to the property line 2S000 Block Lexington Ct chickens loose in yard, rooster(s) 28W300 Block Main St chickens present, coop too close to the property line 3S500 Block Warren Ave chickens making noise 30W100 Block Butterfield Rd loose chickens 30W780 Block Galbreath Dr loud chickens 30W770 Block Galbreath Dr chickens, possible rooster 30W100 Block Essex Ln chickens present 1S200 Block Rt. 59 chickens, rooster At its October 9, 2014, meeting, the Plan Commission recommended an increase in the number of chickens from four to ten, provided that chickens are kept in accordance with the current provisions of the Zoning Ordinance and City Code. Recommended Ordinance Modifications: 1. Modify Section 10.A.2.C. Keeping of Chickens to read as follows (removed text is in strikethrough, new text is in bold): C. Keeping of Chickens Chickens may be kept on lots of 10,000 square feet or more in any Residential District, provided that: a. no more than 4 10 (ten) chickens shall be allowed on a property, b. no roosters shall be allowed, c. chickens shall be confined at all times in a chicken coop and chicken run, d. a chicken coop and chicken run shall be provided as required in Tables 10A and 10B,
Zoning Ordinance Text Amendments CDD Staff Report Page 8 of 10 October 9, 2014, rev. October 23, 2014 e. chicken coops shall not be allowed to be located in any part of a home and/or attached garage but may be located adjacent to a principal or other accessory building or within an accessory building, and f. chicken feed shall be kept in a predator/rodent proof container. Plan Commission Action: Hold formal public hearing, deliberate and provide recommendation to the City Council. 6. Accessory and Principal Structures Height Purpose: Amend Section 1: General Provisions, Section 3. Allowed Uses, Section 4. District Regulations, and Section 10. Accessory Uses and Yards to allow residential principal and accessory structures to exceed the height established in Tables 4A: Residential District Requirements and 10A: Standards for Accessory Structures by a certain number of inches. Current provisions of Section 10.B.2. Obstructions allow for a residential principal or accessory structure to encroach up to three inches into a maximum of one required yard or setback. This provision allows the City staff to administratively (without variance) approve up to a three-inch encroachment into the required minimum setback, which may occasionally occur during construction. Recently, the City staff made an administrative interpretation and applied this three-inch rule to the height of the fence, allowing the height of several fence posts to exceed the maximum six-foot fence height by three inches. Staff is requesting a text amendment that would specifically document that the three-inch obstruction is also applicable in cases of building height, including principle and accessory structures. Summary of 10/9/14 Plan Commission discussion, update and/or new information At the October 9, 2014, meeting, the Plan Commission concurred with the proposed text amendment documenting that the three-inch obstruction is also applicable in cases of building height, including principle and accessory structures. Upon review of the recommended text amendment, the City Building Inspector Ray Atkinson recommended to further amend the Ordinance to allow fence height to exceed the maximum six-foot height by six inches, provided that the fence posts and panels do not exceed six feet in height. This amendment recommendation is based on the Building Inspector s field experience, and would account for undulating grades in some back yards, which create greater gaps between the grade and the bottom edge of a fence panel, and thus resulting in a higher fence structure when measured from grade. Recommended Ordinance Modifications: 1. Amend Section 1.A. Establishment and Applicability to include new Subsection 11. Encroachments and Extensions to read as follows (new text is in bold): 11. ENCROACHMENTS AND EXTENSIONS Notwithstanding the requirements established herein, principal and accessory structures may encroach a maximum of three inches into a maximum of one required yard or setback, and extend up to a maximum of three inches over the maximum structure height. Fence height shall be allowed to extend up to a maximum of six inches over the maximum height, provided that fence posts and panels do not exceed six feet in height.
Zoning Ordinance Text Amendments CDD Staff Report Page 9 of 10 October 9, 2014, rev. October 23, 2014 2. Amend Section 10.B. 2. Obstructions to read as follows (removed text is in strikethrough): Court yards and required yards may be obstructed by accessory uses or building projections only as provided in Table 10B, except that a residential structure or structure accessory thereto may encroach a maximum of 3 inches into a maximum of one required yard or setback. Plan Commission Action: Recommend City Council approval of the proposed amendments. 7. Pergola Setbacks and Encroachments Purpose: Amend Section 1: General Provisions, Section 3. Allowed Uses, and Section 10. Accessory Uses and Yards to include pergola in the list of permitted obstructions of required yards and establish maximum allowed encroachments. Currently, the location and/or maximum encroachments allowed for pergolas are not specifically regulated in Tables 10A and/or 10B of the Zoning Ordinance. Current regulations for Awnings and canopies, Arbors and trellises or Other Accessory Uses, if applied to pergolas, may be too restrictive or too permissive. For example, if Awnings and canopies regulations apply, a pergola can be built in any yard, but the maximum encroachment in yards would be limited to three feet. If Arbors and trellises requirements apply, a pergola may be placed anywhere and may encroach in any yard without limitation. If Other Accessory Uses regulations apply, placement of a pergola is limited to the rear yard only, and it would not be allowed in the front and/or corner side yard, i.e., over a front porch, which is allowed to encroach in the front/corner side yard up to ten feet. Considering the fact that pergolas are typically constructed over open decks and patios (both attached and detached), staff recommends amendment of the Zoning Ordinance to allow pergola placement and encroachment to be regulated in a consistent manner with open decks and porches. Recommended Ordinance Modifications: 1. Modify Table 10B: Permitted Obstructions of Required Yards to allow pergolas to encroach into the required yards in a manner consistent with open decks and patios, both attached and detached, as follows (new text is in bold, deleted text is in strikethrough): Interior Corner Maximum Projection or Front Rear Side Side Court Encroachment Accessory Use Yard Yard Yard Yard Yard in Feet [c] Deck, /patio, pergola, open and detached from principal building [d] - X - - - - Deck, /patio, porch, breezeway, pergola, open and attached to principal building [d] X X - X - 10 2. Modify Table 10A: Standards for Accessory Structures to add pergolas to the list of accessory structures and specify the minimum setback in feet as follows (new text is in bold, deleted text is in strikethrough): Front & Corner Side Lot Lines Other Lot Lines Deck, /patio, pergola, open and detached from principal building - 5 from interior side, 10 from rear
Zoning Ordinance Text Amendments CDD Staff Report Page 10 of 10 October 9, 2014, rev. October 23, 2014 Plan Commission Action: Recommend City Council approval of the proposed amendments. Summary of 10/9/14 Plan Commission discussion, update and/or new information At the October 9, 2014, meeting, the Plan Commission discussed the proposed amendment and was looking for definitions of pergola and gazebo structures. According to Merriam-Webster Dictionary, a pergola is defined as a structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters. A gazebo is defined as a small building in a garden or park that is open on all sides. CONCLUSION: Staff recommends the Plan Commission conduct a formal public hearing on the proposed text amendments, make recommendations on the amendments the Plan Commission is comfortable with, and continue the public hearing until the November 6, 2014, meeting to allow time for staff to draft detailed amendment language to be presented at a future meeting. ATTACHMENTS: Exhibit A: EAC Memo regarding beekeeping. Exhibit B: EAC Memo regarding keeping of chickens.
CITY OF WARRENVILLE MEMO To: Members of the Plan Commission/ZBA CC: Ron Mentzer, Director of Community Development Natalia Domovessova, Senior Planner From: Rita Dolan, Chair of the Environmental Advisory Commission Subject: Zoning Ordinance Amendment Beekeeping Home Businesses Date: August 19, 2014 This year, the Environmental Advisory Commission (EAC) focused on the importance of pollinators, and what local residents can do to support the food chain by helping bees. The Commission has had featured guest speakers on pollinators and hosted the 2014 Arbor Day Celebration s with the theme of pollinators. One speaker and Arbor Day guest is a local beekeeper who has, in the past, sold her natural honey to neighbors. It was brought to her attention that selling her honey would come under the provisions of Warrenville s Zoning Ordinance regulating home businesses. Unfortunately, that section of the Zoning Ordinance does not currently allow beekeeping as a home business. A change in the ordinance would make it easier to keep beehives as a hobby and sell honey. Under the City Code, it is the EAC s mission to act as a resource and advocate to the community to help develop educational and informational programs and materials that promote environmental awareness and behavior. Beekeeping and the production of natural honey is a positive environmental behavior and an activity in which the EAC is educating the public. Therefore, at their August 19, 2014, meeting, the EAC unanimously agreed to request a courtesy review from the Plan Commission/ZBA regarding amending the Zoning Ordinance to allow beekeeping as a home business. The EAC recommends that Section 10.A.2 Special Accessory Uses of the Warrenville Zoning Ordinance be amended to add beekeeping to the Permitted Home Occupations as noted below: t. Honey beekeeping, no more than 10 hives per property, where hives are a minimum of 5 feet from any property line or sidewalk, and the front of each hive faces away from the nearest adjacent property, and adequate water and flowering plants are provided to prevent the bees from becoming a nuisance, and the beekeeper is registered with the Illinois Department of Agriculture. A five foot setback is considered to be sufficient because bees come out of a hive and fly straight up and out to do their foraging. Their landing and takeoff path is approximately five feet. The state of Illinois recognized the role that honeybees play in our agriculture by passing the Honey Bill in 2011. Beekeepers who produce or sell less than 500 gallons of honey in a year are
Zoning Ordinance Amendment Beekeeping Home Businesses August 19, 2014 Page 2 of 2 exempt from food inspections. The Illinois Department of Agriculture recommends that beekeepers register in order to make registered pesticide applicators aware of the locations of beehives. Should this be approved, the EAC will provide information to the Police Department Animal Control Officer on how to address swarms. The EAC will also put up information on the City s website under the Commission s page featuring tips to create a healthy environment for bee such as ample water and a diversity of flowering plants.
CITY OF WARRENVILLE MEMO To: Members of the Plan Commission/ZBA CC: Ron Mentzer, Director of Community Development Natalia Domovessova, Senior Planner From: Rita Dolan, Chair of the Environmental Advisory Commission Subject: Zoning Ordinance Amendment Chickens Date: September 16, 2014 At their August 19, 2014, regular meeting, the Environmental Advisory Commission (EAC) discussed amending the Zoning Ordinance to allow property owners to own more chickens. The EAC discussed the ordinance governing chicken keeping being reviewed to allow greater latitude, specifically in the number of chickens. At their September 16, 2014, meeting, the EAC unanimously agreed to recommend the Plan Commission/ZBA amend the Zoning Ordinance to allow for more chickens. Specifically, they are recommending that Section 10.A.2.C - Keeping of Chickens - of the Warrenville Zoning Ordinance be amended as follows: Chickens may be kept on lots of 10,000 square feet or more in any Residential District, provided that: a. no more than 4 chickens shall be allowed on a property, b. no roosters shall be allowed, c. chickens shall be confined at all times in a chicken coop and chicken run that is of a humane and adequate size for animals, d. every person maintaining a pen, coop, building, yard or enclosure for chickens shall keep such area clean, sanitary and free from all refuse, e. a chicken coop and chicken run shall be provided as required in Tables 10A and 10B, chicken coops shall not be allowed to be located in any part of a home and/or attached garage but may be located adjacent to a principal or other accessory building or within an accessory building, and f. chicken feed shall be kept in a predator/rodent proof container. (Ord. 2539, 9-9-09) In recent years, chicken keeping has increased in popularity, even in big cities. Chickens make good pets, are easy to keep, and provide better quality eggs than store-bought. People have long had chickens in Warrenville, and the number appears anecdotally to be increasing as more people recognize the benefits of a pet that provides free delicious eggs and perfect manure for the garden. Many cities have ordinances specifically allowing chickens, and some ordinances are substantially more liberal than Warrenville s. No ordinance the EAC reviewed allowed roosters since they can be genuinely disruptive. St. Charles, Naperville, and Chicago do not specify any
Zoning Ordinance Amendment Keeping of Chickens September 16, 2014 Page 2 of 2 maximum number of chickens as long as they are kept in humane conditions. Naperville uses language that is probably useful in pursuing owners who do not care properly for their animals and it is the language the EAC is recommending be added to the Zoning Ordinance. The City of Chicago allows an unlimited number of chickens, but specifies that they be kept only as pets and for eggs. It also specifies that the coop must be of a humane and adequate size for the animals, and that it must be clean and sanitary. It is notable that the City of Chicago, with its urban environment and dense population, has more liberal zoning ordinance than Warrenville, with its rural character and larger lots. More information about other municipal ordinances is available at www.backyardchickens.com/atype/3/laws/tag/illinois-ordinances/page/20.