This section is intended to regulate the construction of recreational court fencing and exterior court lighting in the E-4 Zone, to secure for the citizens of Villa Park the social and economic advantages resulting from an orderly planned use of its land resources and to protect the general health, safety and welfare of the citizens.

a.

The construction of the recreational courts and the necessary fencing and exterior lighting may be permitted subject to the issuance of a conditional use permit after the normal public hearings and after approval by the City Manager. The property owner shall submit an application for said recreational court, which application shall include a scale drawing of the property clearly showing the property lines and proximity to any dedicated or private streets. In addition, the application shall show the location of the property in proximity to the nearest major cross streets, the location of all existing neighboring structures and a list of all owners within three hundred (300) feet of the exterior boundary of the premises to which the application pertains, and the elevation of the property in relation to all property located within three hundred (300) feet of the subject property.

b.

The detailed plan shall show clearly the areas of the property to be covered by cement, sand, asphalt, or other hard surface, and shall include a separate detailed scale drawing showing the height, location, design, and materials to be used in any fencing and/or screening material to be constructed as a portion of the recreational courts. Said plan shall also clearly show the location, type, and illuminating power of any artificial lighting to be used or installed as an incident to said recreational courts.

c.

The application shall clearly state whether the existing drainage on the subject property will be altered by the construction of the recreational courts. To the extent that the drainage will be altered, the applicant shall include as a part of his application, a grading plan prepared by a registered civil engineer. Said grading plan must show how the drainage will be handled after the completion of the court. The drainage plan shall be reviewed by the City Engineer and must be approved by him prior to the issuance of the conditional use permit.

(Ord. #82-323, § 23)

The City Manager shall receive such application, and shall conduct a public hearing giving proper notices as required by ordinance or law, and may impose any reasonable conditions prior to granting said conditional use permit, including but not limited to the following:

a.

The City Manager may limit the height and location of the fence with respect to the property line of the property as the City Manager shall deem necessary, taking into consideration the site, location, terrain, existing natural barriers, such as trees, shrubs, or hillsides, and the proximity of said recreational courts to any public or private streets. In addition, the City Manager shall consider the impact that said fence may have on adjoining property owners. Unless special conditions exist, the fencing shall not exceed ten (10) feet in height, and the City Manager may restrict the height to less than ten (10) feet in areas where the City Manager determines that a lower fence would be adequate, provided however that in no case shall a fence be constructed in excess of six (6) feet unless specifically applied for and approved by the City Manager. (See illustrations)

b.

In addition, the City Manager may in his discretion, require the installation of any landscaping, including trees, shrubs, or other natural flora to be installed and maintained between the fence and the property line, if the City Manager finds, after public hearing, that such plants would be necessary to minimize the impact of the fence on any adjacent property.

c.

The City Manager shall have the authority to impose a condition that no net, canvas or other screening device be attached to the fence in excess of the normal height restriction of the front, side or rear yard setback, if the City Manager determines that such net, canvas or screening would unduly interfere with any adjoining property owner.

d.

The City Manager shall consider the intensity and quality of lighting, which must conform to subsection 23-17.4 to be installed and, in their discretion, may limit, restrict or prohibit lighting depending upon the circumstances surrounding the property. To the extent that lighting is permitted, its use shall be restricted to the hours of 7:00 a.m. and 10:30 p.m.

e.

The application shall specify the type of fencing to be used including the size, number and spacing of supporting posts, and cross members and the size or gauge of the fencing material to be installed. No view-obstructing fencing will be permitted unless exceptional circumstances exist with respect to the property. If chain link fencing is utilized, it shall be of eleven (11) gauge or heavier.

(Ord. #82-323, § 23)

a.

Distance of Fixtures and Poles from Lot Lines.

1.

No light fixture shall be located at a horizontal distance less than ten (10) feet from the nearest lot line.

2.

No supporting pole shall be located at a horizontal distance less than five (5) feet from the nearest lot line.

b.

No light fixture or supporting pole shall be located at a vertical distance greater than twenty-two (22) feet from the court surface. This shall mean the highest point of fixture or supporting pole.

c.

Number of Poles and Fixtures Permitted.

1.

No more than one light fixture per six hundred (600) square feet of court surface area is permitted.

2.

A maximum of eight (8) light fixtures per recreational court are permitted.

3.

A maximum of eight (8) poles per recreational court are permitted.

d.

The power rating of the lamp shall not exceed five hundred (500) watts per light fixture.

e.

The total power rating of all lamps shall not exceed one watt per square foot of court surface.

f.

The light fixture must be designed, constructed, mounted and maintained such that, with supplementary shielding the light source is cut-off when viewed from any point above five (5) feet measured outside of the lot at the lot line.

g.

The light fixture must be designed, constructed, mounted, and maintained such that with supplementary shielding as necessary the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed one-half (½) footcandle above ambient levels.

h.

The surface area of any recreational court shall be designed, painted, colored and/or textured as to reduce the reflection from any light incident thereon.

i.

Recreational court lighting may be operated only during the hours between 7:00 a.m. and 10:30 p.m.

a.

Recreational court lighting design and installation plans shall be certified as conforming to this section prior to the issuance of electrical permits and prior to construction or reconstruction. Certification shall be by a Registered Professional Electrical Engineer.

b.

Recreational court lighting shall be certified as conforming to this section after installation by a Registered Professional Electrical Engineer to the City of Villa Park in writing.

c.

It shall be the duty of the City Engineer to validate conformity of recreational court lighting with the provisions of this section prior to final approval of the electrical construction by the Building Official.

a.

Operation of any lighting contrary to the provision of this section is hereby declared to be unlawful and a public nuisance.

b.

It shall be the duty of the City Manager and of all officers of said City otherwise charged with the enforcement of the law to enforce this section and all provisions of the same.

c.

Upon receipt of a complaint, by an identified complainant relative to the provisions in subsection 23-17.4 paragraphs a. through h.

1.

The City shall mail notice to the property owner by registered or certified mail specifying the nature of the alleged violation.

2.

The City shall determine within sixty (60) days the nature of the violation or violations, if any and the date of lighting installation and whether the cause of complaint continues to exist.

3.

If it is determined that the lighting is in compliance with subsection 23-17.4, paragraphs a through h, the City shall send written notification to the property owner and to the complainant that no violation exists as of the date of completion of the investigation.

4.

If it is determined that the lighting is in violation of subsection 23-17.4, paragraphs a through h, the City shall send written notice to the property owner by registered or certified mail and to the complainant specifying the nature of the violation or violations within the conformance time specified in subsection 23-18.3.b., for lighting installed prior to November 22, 1976, or within ninety (90) days for lighting installed subsequent to November 22, 1976. The failure to do so will constitute a misdemeanor.

5.

After notification enumerated in paragraphs c1, c2, and c4 of this subsection, and immediately following the period of time permitted for compliance specified in paragraph c4, the duly constituted authorities of the City shall upon order by the City Council immediately commence action or actions, or proceedings to eliminate the violation thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief.

(Ord. #82-323, § 23)