AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF VERNON HILLS, APPENDIX C – ZONING ORDINANCE, ARTICLE 4 – RECREATIONAL EQUIPMENT.
WHEREAS, the President and the Board of Trustees of the Village of Vernon Hills is authorized to prescribe minimum standards for the use of residentially-zoned property for the purpose of promoting the public health, safety, comfort, convenience, and general welfare of the people of Vernon Hills; and
WHEREAS, the Village of Vernon Hills has petitioned the Planning and Zoning Commission to consider certain amendments to Article 4 of the Vernon Hills Zoning Ordinance of 1982, as amended, and;
WHEREAS, on September 24, 2003, upon due notice pursuant to the Vernon Hills Zoning Ordinance of 1982, as amended, the Planning and Zoning Commission of the Village of Vernon Hills held a public hearing and upon consideration of the testimony and review of the definitions and standards, recommended approval of said amendments; and
WHEREAS, the President and Board of Trustees, being fully appraised of the definitions and standards, found that in its judgment, would justify it in approving an ordinance adopting the amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF VERNON HILLS, ILLINOIS AS FOLLOWS:
SECTION I. That Article 4, Section 4.7 of the Village of Vernon Hills Zoning Ordinance is hereby amended and is approved to read as follows:
Sec. 4.7. Control over accessory structures, uses, and recreational equipment.
SECTION II. That Article 4, Section 4.7.1. of the Village of Vernon Hills Zoning Ordinance is hereby amended and is approved to read as follows:
4.7.1 Except as provided below, accessory structures, uses, and recreational equipment are permitted, subject to the following:
1. In residentially zoned districts, the following recreational equipment is prohibited outdoors:
a. Wrestling/boxing rings
b. Archery & shooting targets involving the use of bows, arrows, guns, and slingshots.
c. Trampolines greater than 16 feet in diameter or 220 square feet in area.
d. Recreational equipment and open play systems (swing sets) that exceed fourteen feet in height.
SECTION III. That Article 4, Section 184.108.40.206 of the Village of Vernon Hills Zoning Ordinance is hereby amended and is approved to read as follows:
220.127.116.11 In residentially zoned districts and unless otherwise prescribed within subdivision restrictive covenants or development agreements sheds, storage buildings, playhouses, gazebos, tree houses, open play systems (swing sets), recreational equipment (excluding basketball standard, backboard, & basket assemblies) and similar structures shall be located in the rear yard only, a minimum of seven (7) feet from any lot line, a minimum of three (3) feet from another building or structure, and shall not encroach into any recorded easement.
SECTION IV. That Article 4, Sections 18.104.22.168 through 22.214.171.124 are hereby re-numbered to 126.96.36.199 through 188.8.131.52, respectively.
SECTION V. That Article 4, Section 184.108.40.206 of the Village of Vernon Hills Zoning Ordinance is hereby created and is approved to read as follows:
220.127.116.11 Except as provided below, in residential districts any structure or equipment erected for recreational purposes, including but not limited to, trampolines, batting cages, sport courts, and practice nets utilized for the purpose of hitting, throwing, batting, or kicking any type of ball, disc, puck, or object into, over, or under a net, mat, or goal must be dissembled and stored within the dwelling or approved accessory structure which complies with this ordinance between November 1st and March 1st each year.
1. Basketball standard, backboard, basket, & net assemblies.
2. Recreational equipment customary to passive, winter recreational activities.
3. Portable hockey nets six (6) feet or less in height.
SECTION VI. Severability. In the event that any section, clause, provision, or part of this ordinance shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable full force and effect. If any part of this ordinance is found to be invalid in any one or more of its several applications, all valid applications that are severable from the invalid applications shall remain in effect.
SECTION VII. Repeal and Savings Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall affect any rights, actions or causes of action which shall have accrued to the Village of Vernon Hills prior to the effective date of this ordinance.
SECTION VIII. Effective Date. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.
SECTION IX. This ordinance shall be known as Ordinance 2003-68.
Adopted by roll call vote as follows:
Absent and not voting:
Published in pamphlet form: