"COMMUNITY DEVELOPMENT DEPARTMENT STAFF REVIEW PLAN COMMISSION"
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REVIEW PLAN COMMISSION/ZONING BOARD OF APPEALS August 6, 2009, revised per PC on August 7, 2009 ZONING ORDINANCE TEXT AMENDMENTS INTRODUCTION: During the course of implementing the Warrenville Zoning Ordinance over the past year, the Community Development Department staff has come across sections of the Zoning Ordinance that should be corrected or modified in order to clarify terms, facilitate more effective implementation and enforcement and preclude different interpretations of the Ordinance. In addition, some of the proposed amendments were brought forward and recommended for the discussion by the members of the Plan Commission/Zoning Board of Appeals. A list of the potential amendments was reviewed and approved by the Community Development Committee (CDC) of the Whole at their May 26, 2009 meeting, when the CDC also authorized the Plan Commission to hold a formal public hearing on the proposed amendments. It is important to note that a public hearing for these amendments was continued until August 6, 2009, 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 the amendment is being discussed or proposed. ANALYSIS: 1. Protection Fences as Part of Recreational Equipment Purpose: Section 10.A.3.B. Fences limits the maximum fence height to 6 feet, which does not provide sufficient height to serve as a protection barrier for recreational equipment such as tennis courts, baseball fields and the like. This amendment would modify Section 10.A.3.B. Fences to clarify that protection fences constructed as part of recreational equipment shall be exempt from the 6-foot fence restrictions. At the July 9, 2009, meeting, the Plan Commission discussed the proposed amendment and directed staff to consult with the Park District staff on the maximum height establishment for recreational equipment. Based on their experience, the Park District staff provided their recommendations on maximum fencing height for various recreational equipment types (attached on Exhibit A). Based on the input received from the Park District, staff is proposing the following text amendment language. Recommended Ordinance Modifications: Modify Section 10.A.3.B Fences to add the following language at the end of paragraph (new text is in bold italic): “The height of protection fencing/backstops shall not exceed 30 feet for Baseball and Softball fields, 16 feet for Batting Cages, 12 feet for Tennis Courts and 10 feet for all other recreational equipment.” Plan Commission Action: Recommend City Council approval of this amendment. Zoning Ordinance Text Amendments CDD Staff Report Page | 2 August 6, 2009, revised per PC on August 7, 2009 6. Keeping of Chickens Purpose: Current provisions of Section 10.A.1.A. Compatibility of the Zoning Ordinance prohibit keeping of poultry and livestock with the exception of keeping of horses and llamas. During the recent Plan Commission public hearing discussion regarding keeping of llamas, several members of the Plan Commission suggested to consider allowing certain types of poultry and at least one Plan Commissioner suggested considering to allow certain types of livestock animals. Upon further deliberation, the Plan Commission narrowed down the discussion to the potential text amendment that would allow keeping of chickens on residential lots under certain conditions. At the direction of the Plan Commission received at the July 9, 2009, meeting, staff researched various regulations regarding keeping of chickens on residential lots. Pertaining sections of various City Codes and Zoning Ordinances of a number of communities throughout the country, including neighboring municipalities, have been distributed to the Plan Commission with their July 23, 2009, agenda packets. Based on the review of the various regulations and further deliberation on the matter, the Plan Commission recommended modifying the Zoning Ordinance to allow keeping of chickens in residential districts under the following conditions: • No Permit shall be required to keep chickens • Keeping of chickens shall be a permitted use in all residential districts • Minimum lot size for keeping of chickens shall be 10,000 square feet • Maximum number of chickens on a residential lot shall not exceed 4 • Keeping of roosters shall be prohibited • Chicken coop shall be provided • Chicken run shall be provided • Chicken coops shall not be allowed to be located in any part of a home and/or garage • Chicken feed shall be kept in predator/rodent proof container • The use of chicken excrement for fertilizer on the property shall be prohibited • Definitions of Chicken Coop and Chicken Run shall be included in the Zoning Ordinance The following Zoning Ordinance text modifications reflect the proposed new policy. Recommended Ordinance Modifications: 1. Amend Table 3A. Permitted and Special Uses in All Zoning Districts as follows: (new text is in bold italic): Most Restrictive (Lowest Most Restrictive (Lowest Numbered) Districts Use Numbered) Districts Use Land Use Is a Permitted Use In Is a Special Use In Chickens, Keeping of R-1 Zoning Ordinance Text Amendments CDD Staff Report Page | 3 August 6, 2009, revised per PC on August 7, 2009 2. Amend second paragraph in Section 10.A.1.A. Compatibility to read as follows (deleted text is shown as strikethru in bold and new text is in bold italic): “Except for the keeping of horses, and llamas and chickens as provided herein and as an accessory use to agriculture where permitted herein, the keeping, preparation, or culture of poultry (not including pigeons), or livestock shall not be an accessory use.” 3. Amend Section 10.A.2 Special Accessory Uses to add a new Subsection 10.A.2.C Keeping of Chickens as follows (new text is in bold italic): 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 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. 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 principal or other accessory building or within an accessory building; f. chicken feed shall be kept in predator/rodent proof container. 4. Amend Table 10B: Permitted Obstructions of Required Yards to indicate that Chicken Coops and Chicken Runs may project into required Rear Yard as follows (new symbols are in bold italic): Table 10B: Permitted Obstructions of Required Yards[b] Projection or Front Yard Rear Yard Interior Corner Court Yard Maximum Accessory Side Yard Side Yard Encroachment Use in Feet [c] Chicken - X - - - - Coop/ Chicken Run 5. Amend Table 10A: Standards for Accessory Structures to include Chicken Coop and Chicken Run into the list of accessory structures and specify the minimum setback in feet as follows (new text is in bold italic): Zoning Ordinance Text Amendments CDD Staff Report Page | 4 August 6, 2009, revised per PC on August 7, 2009 Table 10A:Standards for Accessory Structures [r] Front & Corner Side Lot Lines Other Lot Lines Chicken Coop and Chicken Run - 20’ from interior side, 3’ from rear 6. Amend Section 13 Definitions to include new definitions of Chicken Coop and Chicken Run as follows: CHICKEN COOP - a structure exclusively used for the housing of chickens. Chicken Coop is not considered a building for the purposes of this Ordinance. CHICKEN RUN - an enclosed outside yard for keeping chickens. Plan Commission Action: Recommend City Council approval of this amendment. CONCLUSION: Staff recommends Plan Commission hold formal public hearing on the proposed text amendments, allow for staff’s presentation of the requested information and proposed amendments modifications and make recommendation on the amendments that the Plan Commission feels comfortable with and continue formal public hearing for the remaining items allowing time for additional input and information research.