A.   The use of land and the erection, alteration and use of structures shall be limited to:

      1.   Uses lawfully established on the effective date of this title, subject to the regulations set forth in chapter 14 of this title.

      2.   Permitted uses or special uses permitted in the zoning district in which the land or structure is located.

Subject to the above limitations, no building or land shall be used, and no building shall be erected or altered for any purposes other than permitted in the zoning district in which the land or structure is located.

   B.   Where a use which is classified as a special use by this title exists as of the date of the first zoning ordinance for the village, it shall be considered to be a lawful special use.

   C.   Where a building permit for a structure has been issued in accordance with law prior to the effective date of this title and where construction has begun not more than six (6) months after such effective date and is being prosecuted to completion, said structure may be completed in accordance with such building permit and may be occupied upon completion under a certificate of occupancy for the use originally designated, subject to the provisions of chapter 13 of this title. (Ord. G-678, 6-26-2001)

   A.   New and existing structures shall not be enlarged, constructed, reconstructed, structurally altered, converted or relocated in such a manner as to conflict with the bulk regulations for the district in which such structures are located except as provided for in this section or provided by relief granted pursuant to the provisions of chapter 14 of this title.

   B.   The provisions of this section shall apply to vacant lots and lots with existing dwellings in residential zoning districts.

   C.   Existing residential zoning district lots of record at the effective date of the first zoning ordinance of the village (ordinance G-60 adopted on March 22, 1966), or upon annexation shall have side yards of ten percent (10%) of the lot width or the side yard requirements of the underlying zoning district, whichever is less.

Required side yards shall be not less than ten feet (10') in depth; except a side yard may be not less than eight feet (8'), provided the adjoining lot contains a dwelling with an attached garage or carport adjacent to such side yard.

Where, due to existing building eaves, such lots have a legally established side yard(s) less than ten percent (10%) of lot width, second floor additions, in-line additions to the front or rear, and repair of the structures, continuing such eave setbacks are permitted.

   D.   A lot in a residence district at the effective date of the first zoning ordinance of the village (ordinance G-60 adopted March 22, 1966), which is not a lot of record but which is able to meet the requirements of this title as to lot area and width may be used for a single-family detached dwelling; provided, it shall meet all the other requirements of this title with the following additional requirements:

      1.   A plat of subdivision or an assessment plat will be recorded prior to the issuance of a building permit. The subdivision regulations 1 set forth the requirements pertaining to such plats.

   E.   A lot in a residence district at the effective date of the first zoning ordinance of the village (ordinance G-60 adopted March 22, 1966), which is not a lot of record and which is unable to meet the requirements of this title as to lot area or width may be used for a single-family detached dwelling; provided, it shall meet all the other requirements of this title with the following additional requirements:

      1.   The applicant shall furnish, with the application for a building permit, a survey by a duly licensed land surveyor, showing the lot upon which the applicant proposes to erect a single-family detached dwelling and also showing all lots adjacent to said lot with all improvements thereon and widths of the adjoining yards and any projections of structures therein duly plotted on said survey.

      2.   The applicant shall furnish an affidavit on the following form signed by the owner of record of the lot described in the application for a building permit:

   LOT OWNERSHIP AFFIDAVIT

         Village of Oak Brook

         (Name of Title Holder)

      3.   The Director of Development Services shall issue a permit for erecting a single-family detached dwelling on the subject lot upon compliance with all of the foregoing provisions and all other applicable provisions of this title, with each required interior side yard reduced to not less than ten percent (10%) of the width of the lot, or the side yard requirement of the underlying zoning district, whichever is less, if all of the below enumerated requirements are met:

         a.   The subject lot:

            (1)   Is not adjoining and contiguous to a vacant lot on any side held under common ownership at any time after the year 1966; or

            (2)   Is not contiguous to an improved lot of record which has one foot (1') or more of an adjoining side yard in excess of the minimum required side yard for the district in which the building or structure is located, which additional side yard land could physically be added to the applicant's lot to increase its width or area or that the owners of the adjoining lots refuse to sell any portion of land that could be added to the applicant's lot to increase the width thereof without reducing the required side yards of the adjoining lots and which additional land the applicant would be willing to purchase; and

            (3)   Is not owned and has not been owned directly or indirectly or by a nominee of any person, or by an officer, shareholder, director, partner, beneficiary, agent or person related by blood or marriage or by any predecessors in title who also held or hold any right, title or interest in or to either one or both of the contiguous lots after the year 1966 to the date of application for a building permit.

         b.   Interior side yards shall not be less than ten feet (10') in depth except a side yard may be not less than eight feet (8') provided, the adjoining lot contains a dwelling with an attached garage or carport adjacent to such side yard.

         c.   The contiguous lots are not owned and have not been owned directly or indirectly or by a nominee of any person or by any officer, shareholder, director, partner, beneficiary, agent or person related by blood or marriage or by person related by blood or marriage or by any predecessors in title, who also held or hold any right, title or interest, directly or indirectly, in the applicant's lot after the year 1966 to the date of the application for a building permit.

         d.   The subject lot was not used as part of a single or common homesite by or with the consent of the same interests which owned or controlled an adjoining lot after the year 1966 to the date of application for a building permit.

         e.   In the event that a subdivision plat or an assessment plat has not been recorded, one will be required prior to the issuance of the building permit.

      4.   In the event that the owner is unable to meet all of the aforesaid additional requirements for a building permit, or for a lot which cannot meet the minimum lot width and lot area of a lot of record, or in the event that the owner either desires to sell or to buy from the owners of a contiguous lot or lots who also desire to either sell or buy, but the parties are unable to agree on a price, then the zoning board of appeals may recommend, and the village president and board of trustees may grant such relief in accordance with the procedures as set forth in this title for variations as deemed appropriate.

      5.   In no case, shall a contiguous lot from which property is being acquired be made nonconforming or more nonconforming without the necessary approvals in accordance with the procedures as set forth in this title. Plats of resubdivision or revised assessment plats shall be required for such properties.

      6.   Notwithstanding anything contained in this title to the contrary, in the event at any time subsequent to January 1, 1995, private property is dedicated or conveyed to a governmental entity or condemned by a governmental entity (including, without limitation, the Illinois state toll highway authority) for the purpose of widening the public right of way or providing public roadway infrastructure (including, without limitation, right of way for roadway entry or exit ramps), the calculation of floor area ratio shall at all times include within the measurement of the area of the lot in question the area so dedicated, conveyed or condemned, provided that not more than twenty percent (20%) of the lot has been so dedicated, conveyed or condemned, and provided further that a site plan generally accommodating such a dedication, conveyance or condemnation has been reviewed and approved by the village. (Ord. G-678, 6-26-2001; Ord. G-1261, 10-22-2024)

   A.   Buildings On A Lot:

      1.   On single-family detached residence district lots with permitted uses, there shall be not more than one principal building.

      2.   In the event that more than one lot of record is necessary to satisfy the requirements of this title, a notice of encumbrance shall be recorded with the office of the county recorder of deeds against all affected lots of record prior to the issuance of any building permit.

   B.   Lot Divisions: No lot containing a use or structure shall hereafter be divided in order to secure one or more additional lots unless each lot resulting from such division, and including also the lot containing the use or structure, shall have the minimum lot area and lot width as required in this title for the district in which the lot is located and complies with the subdivision regulations of the village 1 . (Ord. G-678, 6-26-2001)

   A.   Yards and other open spaces as required by this title shall be located on the same lot as the principal use or structure, and shall have not less than the minimum depth or area as required in this title for the district in which such use or structure is located, except as otherwise provided for setbacks.

   B.   On vacant through lots, the front lot line shall be along the street line designated by the Director of Development Services, except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street line, the street line designated as the front lot line for such lot or lots shall be the front lot line on all vacant through lots in such block. On through lots, only those uses and structures permitted by this title in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard.

   C.   No legally required yards, open space, or lot area for any use or structure shall be used to satisfy yard, open space or lot area requirements for any other structure or use.

   D.   No yards allocated to a use or structure existing on the effective date of this title shall be subsequently reduced or further reduced below the yard requirements of this title, except a yard adjoining a street may be reduced in depth in the event and to the extent the right of way width of such street adjoining such yard is subsequently increased.

   E.   Front yards of corner lots may be designated by the owner, provided such yard abuts a street. (Ord. G-678, 6-26-2001; Ord. G-1261, 10-22-2024)

Minimum setbacks on lots abutting a street shall be as required for yards in the district in which they are located and shall be measured from the street line, or from the proposed street line if one has been designated on the official map. Notwithstanding anything contained in this title to the contrary, in the event at any time subsequent to January 1, 1995, private property is dedicated or conveyed to a governmental entity or condemned by a governmental entity (including, without limitation, the Illinois state toll highway authority) for the purpose of widening the public right of way or providing public roadway infrastructure (including, without limitation, right of way for roadway entry or exit ramps), the calculation of minimum setbacks and minimum required yards shall at all times be measured from the street line which existed prior to such dedication, conveyance or condemnation provided that any newly constructed buildings establish minimum setbacks and minimum required yards on the affected lot (as measured from the new lot line created as a result of said dedication, conveyance, or condemnation) which, at a minimum, equal at least fifty percent (50%) of the minimum setback and minimum required yard which would be required in the absence of this condemnation mitigation provision, and provided further that a site plan generally accommodating such a dedication, conveyance or condemnation has been reviewed and approved by the village board of trustees. (Ord. G-977, 8-14-2012; Ord. G-1261, 10-22-2024)

   A.   Authorization Of Accessory Uses And Structures:

      1.   Is subordinate in extent and purpose to, and serves, a principal structure or use;

      2.   Is customarily found as incidental to such principal structure or use;

      3.   Contributes to the comfort, convenience, or necessity of those occupying or being served by the principal use;

      4.   Except as otherwise expressly authorized by the provisions of this code, is located on the same zoning lot as such principal structure or use; and

      5.   Is under the same ownership and control as such principal structure or use.

   B.   General Regulations:

      1.   Accessory uses and structures shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. No accessory building or structure shall be constructed on any lot prior to the construction of the principal building to which it is accessory.

      2.   Accessory uses shall not include the keeping, propagation or culture of pigeons, poultry, rabbits, bees, livestock or other non-household animals for profit, except on such lots where the pursuit of agriculture is a permitted principal or accessory use.

      3.   Except as otherwise regulated for specific principal uses, an accessory structure hereafter erected, altered, enlarged or moved in a lot shall conform with the following:

         a.   A detached accessory building shall not be nearer than ten feet (10') from the nearest wall of the principal structure.

         b.   An accessory structure shall not be located in any required yard abutting a street, except in rear yards where they adjoin a thoroughfare and are screened by opaque landscaping expected to reach the height of the applicable structure at full maturity.

         c.   Accessory uses and structures shall not be located, erected, or altered in required yards, except as provided in subsections B3d, B3g, and D of this section.

         d.   Detached accessory structures in a required rear yard in a residential district shall:

            (1)   Be not more than fifteen feet (15') in height except for detached garages that are not constructed with a continuous flat roof (see subsection B3g of this section for detached garage heights).

            (2)   Detached accessory structures equal to or less than one hundred twenty (120) square feet in total area shall be located at least five feet (5') from the side or rear lot line. Detached accessory structures greater than one hundred twenty (120) square feet in total area shall be located at least ten feet (10') from a side and rear lot line.

         e.   Detached accessory buildings and structures shall not be constructed between the front lot line and the front of the principal building on the lot (except as provided for in subsection B3f).

         f.   Accessory structures which otherwise are only permitted in required rear yards shall not be constructed within the buildable area between the principal structure and adjacent streets along the front or side lot lines unless a setback equal to double the required front or side yard setback is maintained from the front or side yard lot line to such accessory structure.

         g.   Detached garages, that are not constructed with a continuous flat roof, constructed in the "buildable" area of a lot will be permitted to be built to the same height as the principal structure. However, detached garages constructed in a required rear yard of a single-family home shall be limited to the following heights:

            R1 district: Twenty five feet (25').

            R2 district (lots 1 acre or larger): Twenty two and one-half feet (22.5').

            R2 district (lots less than 1 acre) and R3 district: Twenty feet (20').

            R4 district: Seventeen and one-half feet (17.5').

   Any detached garage located in a required rear yard, that is over fifteen feet (15') in height, shall be required to increase the setback one foot (1') for every one foot (1') of increased height over fifteen feet (15'). Detached garages constructed with a continuous flat roof will be limited to a maximum height of fifteen feet (15').

   C.   Accessory Living Unit:

      1.   An accessory living unit is a detached accessory building that provides living space in a location other than the principal residence. An accessory living unit may be located in a pool house, detached garage, or other similar accessory building or structure.

      2.   Accessory living units are not permitted in the Business or Office Districts, or the R-2, R-3, R-4, or R-5 Districts.

      3.   Only one (1) accessory living unit is permitted per zoning lot in the R-1 District.

      4.   An accessory living unit originally constructed before January 24, 2023 is permitted. An expansion to an accessory living unit constructed prior to January 24, 2023 shall require a permit and shall comply with these standards. An expansion is considered additional floor area, modifications to room sizes, removal of walls and significant electrical or plumbing work that otherwise modifies the intended use of the dwelling unit.

      5.   No accessory living unit shall be modified to increase the number of dwelling units.

      6.   The construction of a new accessory living unit shall require the installation of fire sprinklers in accordance with applicable residential building code regulations.

      7.   An accessory building containing an accessory living unit shall be similar in architectural style and building materials to the principal use structure.

   D.   Permitted In Required Yards: Accessory uses and structures are permitted in required yards as follows with the following designations (and subject to the other provisions of this Code):

         F = Yards adjoining streets

         S = Interior side yards

         R = Rear yards

 

(Ord. G-678, 6-26-2001; Ord. G-712, 1-14-2003; Ord. G-728, 8-12-2003; Ord. G-740, 2-10-2004; Ord. G-1021, 3-11-2014; Ord. G-1227, 1-24-2023; Ord. G-1261, 10-22-2024)

   A.   Trailers and vehicles shall not be permitted in any district as principal or accessory structures on a lot.

   B.   Outdoor storage in residential districts of habitable vehicles, utility trailers, horse trailers, boats on boat trailers or blocks, and other trailers shall comply with the regulations in Chapter 6, Section 13-6-3, Regulations Applicable to All Residence Districts; provided no major repair, disassembly, or rebuilding operations are conducted thereon; and provided that no habitable vehicle so stored may be occupied.

   C.   Outdoor storage in commercial districts of habitable vehicles, utility trailers, horse trailers, boats on a boat trailer or blocks, or one other trailers, conducted thereon; and provided that no habitable vehicle so stored may be occupied shall not be parked or stored in any required yard or in the open on any lot, except when permitted in this title, or in the operations of a lawfully established trailer or, habitable vehicle sales or manufacturing establishment.

   D.   Parking of habitable vehicles for use as temporary office or storage space incidental to and only for the period of time of construction of a building or series of buildings, provided such habitable vehicles are located on the same lot or contiguous lots to the building or series of buildings.

   E.   Parking and occupancy of a vehicle on a lot containing a dwelling for a period not to exceed ten (10) days in any consecutive thirty (30) day period shall be permitted, only if the location of said habitable vehicle on such lot does not violate the provisions of this title in relation to the placement of structures on such lot. Such temporary parking shall be permitted on existing driveways notwithstanding that said driveway may be in a side yard. (Ord. G-678, 6-26-2001; Ord. G-1261, 10-22-2024)

   A.   No structure shall be erected, converted, expanded, reconstructed or structurally altered to exceed the height limit measured above the natural ground level, as determined by the village engineer, for the district in which the structure is located. However, this height limit for skylights, steeples, flagpoles, chimneys, radio and television aerials, wireless masts, or electric and telephone service poles anywhere in the village; and mechanical rooms, penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, water tanks, or elevators or other appurtenances anywhere in the village except residential districts, shall be thirty feet (30') above the height limits of the district in which they are located and shall be for ornamental purposes only and shall in no event be occupied. Structure height may be measured from a base elevation other than natural ground level only with the express approval of the village. However, an elevator housing enclosure for the purpose of providing a single elevator access to the penthouse level not to exceed three hundred twenty five (325) square feet in area may be erected to heights which do not exceed by more than twenty two feet (22') the height limits of the district in which it is located.

   B.   The height of single-family homes will be measured to the peak of the roof using one of the following methods:

      1.   In engineered subdivisions, as determined by the village engineer, the height will be measured using the recommended top of foundation elevation that is part of the approved grading plan;

      2.   In all other situations, the village engineer shall determine an elevation, from which the height will be measured, based on the existing grades and grades of adjacent properties;

      3.   For lots improved with an existing single-family home, the existing top of foundation elevation can be maintained and will be used as the base to measure the height of the structure.

   C.   The height limit, as it pertains to all other structures, shall not exceed the height limit above natural ground level established for the district in which the structure is located. (Ord. G-678, 6-26-2001; Ord. G-730, 9-23-2003; Ord. G-733, 11-11-2003; Ord. G-778, 4-26-2005)

The following public utility uses are permitted in any district: wires, cables, conduit, vaults, laterals, pipes, mains and valves, public warning devices, microcells or other similar transmission and distributing equipment (not including cellular telephone towers and ancillary equipment), provided that the installation and location thereof shall conform with the rules and regulations of applicable administrative authorities and ordinances of the village (see Title 6). (Ord. G-678, 6-26-2001; Ord. G-1261, 10-22-2024)

The performance standards set forth in this Section are designed to protect the health, safety, and welfare of the residents of the Village of Oak Brook and to protect, maintain, and enhance the quality of the man-made and natural environments of the Village. All new and existing uses established within the Village shall comply with the performance standards set forth in this Article, unless any federal, state, county or local ordinance, law or regulations established are more restrictive, in which event the more restrictive standard shall apply. Uses already established on the effective date of this ordinance shall be allowed to be altered, enlarged, expanded, or modified, provided that any such additions or changes comply with the performance standards set forth in this Section.

   A.   Noise:

      1.   Sound Levels: Sounds levels shall be measured with a sound level meter manufactured according to standards prescribed by the American National Standards Institute (ANSI). Measurements shall be made using a digital decibel meter. Impulse type noises shall be subject to the performance standards prescribed in this subsection A, provided that such noises shall be capable of being accurately measured. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. At any point on or beyond the boundary line of the district designated below, the sound pressure level of any operation or plant (other than background noises produced by sources not under control of this subsection A, such as the operation of motor vehicles or other transportation facilities) shall not exceed the decibel limits in the table below:

 

 

      2.   General Requirements:

         a.   Sound Measurement Setback Requirement: All sound measurement readings must be set up not less than twenty five feet (25') (7.6 meters) from the property line noise source. The twenty five foot (25') (7.6 meter) setback requirement is from the noise source and not the property line unless the noise source is contiguous to the property line.

         b.   Exempt Activities: Activities exempt from these provisions include the operation of motor vehicles or other transportation facilities; snow removal equipment; church bells/chimes; residential air conditioning units (installed and operating in accordance to manufacturer's specifications).

         c.   Unnecessary Noise Standards: The following activities are declared to be loud, disturbing and unnecessary noises in violation of this subsection A:

            (1)   Horns And Signaling Devices: The sounding of any horn or signaling device on any automobile or other motor vehicle on any street or public place of the village except as a danger warning.

            (2)   Animals Or Birds: The keeping of any animal or bird which, by causing frequent or continued noise, shall disturb the comfort or repose of any persons in the vicinity.

            (3)   Exhausts: The discharge into the open air of the exhaust of any engine, stationary combustion machine, generator, motorboat or motor vehicle except through a muffler or other device, which will effectively prevent loud noises therefrom. The use of emergency generators and other backup power sources would not apply to reasonable use during an emergency situation or during testing.

            (4)   Loading: The creation of loud and excessive noise in connection with the loading or unloading of any vehicles.

         d.   Additional Requirements; Lawn Mowing/Maintenance: It shall be unlawful to cause or make loud noise through the operation of lawn maintenance equipment including, but not limited to, lawn mowers, lawn blowers and tractors before seven o'clock (7:00) A.M. and after dusk on any day during the week. This restriction shall not apply to golf course, park district or forest preserve maintenance operations.

   B.   Other Performance Standards: Any use established in the various residence and business districts shall be operated so as to comply with the performance standard regulations set forth in section 13-10-3 of this title. (Ord. G-678, 6-26-2001; Ord. G-863, 7-22-2008; Ord. G-1261, 10-22-2024)

All exterior equipment (i.e. HVAC, generators, pool equipment or other mechanical equipment) in all districts shall be screened on all sides by vegetation or enclosed in such a manner consistent with the design and materials found on the principal building as to mask such equipment. (See Building code 28012.) (Ord. G-678, 6-26-2001; Ord. G-1261, 10-22-2024)

All publicly dedicated rights of way for roadway or highway purposes or any land used, by easement or other means, for vehicular access which may be developed in any zoning district in the village, shall meet all requirements of the subdivision regulations of the village 1 . Where such access may be developed as part of a larger, continuous, regional street system, or where it may serve a subdivision located in part outside the corporate limits of the village, the design of said system shall be reviewed in accordance with the applicable provisions of all governing ordinances and shall be subject to all required public hearings and meetings before the plan commission, zoning board of appeals and village president and board of trustees prior to development. (Ord. G-678, 6-26-2001)

All provisions in this title, as amended, which pertain to property abutting or adjoining a residence district shall be equally applicable to property abutting or adjoining any property zoned CR conservation/recreation district. (Ord. G-678, 6-26-2001)

Driveway gates are permitted as accessory structures in required front yards, or side yards adjoining a street; provided that they conform with the following criteria:

   A.   Required Acreage: No driveway gate may be installed on a lot of less than two (2) acres, unless the front yard of said lot abuts a thoroughfare 1 . Any driveway gate previously approved and constructed in accordance with applicable law at that time shall be treated as a permitted and legally conforming use.

   B.   Direction Of Swing: Driveway gates shall not swing outward from the property.

   C.   Width: The minimum width for a gate structure shall be twelve feet (12') for opening the gate. All driveway gates shall be greater than fifty percent (50%) open in design when viewed from a ninety degree (90°) angle, except that this required open space in louver type gates may be viewed from any angle, and excluding metal gates with more than seventy five percent (75%) of its surface area open space.

   D.   Location Of Gates: Gates shall be located a minimum distance of twenty feet (20') from the nearest edge of pavement on local residential streets and thirty feet (30') from the nearest edge of pavement on all other streets including all thoroughfares and collectors (reference the Oak Brook transportation plan phase II report dated January 1971), to allow adequate room for vehicular access to the property. (Ord. G-678, 6-26-2001; Ord. G-741, 2-10-2004)

Permanent entryway canopies to provide weather protection for persons being dropped off or picked up may be erected in required front and corner lot side yards for churches and hotel, restaurant and office use buildings permitted by this title, subject to the following conditions:

   A.   The required yard must be one hundred feet (100') or more in depth;

   B.   The area of the encroachment is limited to a maximum of six hundred (600) square feet;

   C.   The maximum depth of the encroachment into the required yard is thirty feet (30');

   D.   The minimum clearance for a canopy above a driveway or parking area shall be not less than fourteen and one-half feet (14.5'); and

   E.   The maximum height of the canopy is eighteen feet (18'). (Ord. G-678, 6-26-2001)

   A.   For purposes of this section, a "portable storage unit" is defined as an enclosed container that is delivered to a private property and is normally used for the short term storage of items and materials associated with a move into or from the principal use of the property.

   B.   The following regulations shall apply to portable storage units:

      1.   No more than two (2) portable storage units shall be permitted on a property.

      2.   Stacking of portable storage units is prohibited.

      3.   Any property where a portable storage unit is located must be occupied by a principal use or dwelling.

      4.   No portable storage unit may remain on a property for more than fifteen (15) consecutive days. An additional fifteen (15) day period may be approved by the Development Services Department for cause. Special circumstances allowing for longer periods of time may be determined by the Director of Development Services.

      5.   A portable storage unit on residential property shall not exceed sixteen feet (16') in length. A portable storage unit on nonresidential property shall not exceed forty feet (40') in length.

      6.   Portable storage units shall be placed on the driveway or other paved surface on the property.

      7.   The portable storage unit shall not be located closer than ten feet (10') from the principal structure on the property.

      8.   The portable storage unit shall not be used to store hazardous materials or flammable liquids.

      9.   Portable storage units shall not be placed on public property or permitted to obstruct traffic visibility.

      10.   A permit and fee (an amount, if any, to be determined by the village board from time to time) shall be required prior to the placement of a portable storage unit.

      11.   Portable storage units shall be maintained in good repair, free from rust, peeling paint, graffiti and other forms of deterioration.

      12.   Signage on portable storage units is limited to the name and address of the storage unit rental company.

      13.   Portable storage units shall be locked when not being loaded or unloaded. (Ord. G-861, 6-10-2008; Ord. G-1261, 10-22-2024)

   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. Not to exceed five percent (5%) of the area of the principal structure.

      FENCE: A structure used to delineate a boundary, or as a barrier, or as a means of confinement or for confinement.

      FENCE HEIGHT: Measured from the top of the fence to pre-existing grade, irrespective of whether the fence has decorative caps and posts, as long as the caps and posts are no higher than four (4") inches. Fences built on retaining walls shall be measured from the existing elevation (as approved by the Village Engineer), prior to construction of a retaining wall, to the top of the fence.

      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 at the pre-exiting grade or at a grade approved of by the village engineer. Fences shall not block or obstruct natural drainage or water flow. A fence that is installed in the floodplain shall be elevated a minimum of three inches (3") above the Village engineer approved grade and also be a minimum of fifty percent (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 Development 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 applicable to 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 sixty inches (60") in height;

      3.   The location of a forty eight inch (48") to sixty inch (60") fence that surrounds a swimming pool shall only be in the rear yard or required rear yard setback of the lot. The fence shall also be located in the rear yard behind the principal use structure.

      4.   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.

   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 as follows:

      1.   The solid fence/wall structure is located along one of the following: Roosevelt Road, 22nd Street, Illinois Route 83/Kingery Highway, Interstate Highway I-88, or Interstate Highway I-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.

      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, geography and adopted private codes, covenants and restrictions (CCR's). For these reasons, the following homeowners associations have fence code overlays that apply specifically to their subdivision.

      1.   Timber Trails - Merry Lane Subdivision.

         a.   The maximum fence height shall not exceed five feet (5') 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') 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 of wood, stone, brick, wrought iron, aluminum or another synthetic material that is molded and gives the appearance of wood, stone, brick or wrought iron.

   H.   Commercial Fencing:

      1.    Trash receptacles, dumpsters and service areas shall be screened by a six foot (6') high wall to match the color and material of the principal use building and include metal gates, oriented whenever possible, to not be visible from nearby streets, sidewalks and customer views.

      2.   Mechanical equipment and generators shall be screened through the use of building design features such as wing walls or approved landscaping, minimizing the need for opaque fencing. If fencing is approved, it shall match the color and material of the principal use building.

   I.   Governmental Service Facilities and Public Utilities Fencing (excluding properties in the CR District):

      1.    Security fencing shall not exceed eight foot (8') 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. (Ord. G-1021, 3-11-2014; Ord. G-1214, 6-14-2022; Ord. G-1261, 10-22-2024)

   A.   For purposes of this section, the following terms shall have the following meanings:

   B.   Cannabis Business Establishments Prohibited: The following adult-use cannabis business establishments are prohibited in the Village of Oak Brook. No person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation within the Village of Oak Brook of any of the following:

      Adult-Use Cannabis Craft Grower;

      Adult-Use Cannabis Cultivation Center;

      Adult-Use Cannabis Dispensing Organization;

      Adult-Use Cannabis Event;

      Adult-Use Cannabis Infuser Organization or Infuser;

      Adult-Use Cannabis Lounge;

      Adult-Use Cannabis Processing Organization or Processor; or

      Adult-Use Cannabis Transportation Organization or Transporter.

   C.   Public Nuisance Declared: Operation of any prohibited cannabis business establishment within the Village of Oak Brook in violation of the provisions of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies.

   D.   Violations: Violations of this chapter may be enforced in accordance with the provisions of Chapter 14 of this code. (Ord. G-1154, 11-12-2019)