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Commission approves code change to allow outdoor fireplaces in all zoning districts (rear-yard restrictions remain)
Summary
The planning commission unanimously recommended a code amendment to allow outdoor fireplaces in all zoning districts, subject to building and fire code setbacks and appearance review for nonresidential and multifamily applications; staff cited prior inconsistent interpretations and specific past approvals as context.
The Eller Park Planning Commission on Sept. 16 recommended approval of a land-development-code amendment to permit outdoor fireplaces in all zoning districts in rear yards, subject to existing building- and fire-code regulations. For restaurants, outdoor fireplaces could still be permitted elsewhere on site (consistent with the code), but nonresidential and multifamily installations will continue to require appearance review.
Staff said the village previously allowed some outdoor fireplaces in districts where the text had been interpreted as prohibiting them, citing examples including a residential common-area fireplace at 9750 Park and the residences of Orland Park Crossing as approved projects. Commercial examples include Barocco's on 170th and Wolf Road, which obtained appearance review and permits in 2012. Weber Grill had been conditioned on a future code change before installing a planned fireplace.
Why it matters: The amendment clears up inconsistent enforcement and lets applicants proceed with outdoor fireplaces provided they meet the International Building Code and International Fire Code setbacks and safety provisions. Staff noted the village retains an explicit minimum of 5 feet from a lot line and that the International Building Code may require at least 15 feet from a building, and all applicable codes and permit requirements remain in effect.
Commission comments were supportive; commissioners described this as reducing red tape and enabling outdoor dining and patio amenities while preserving safety standards. The commission voted unanimously to recommend the amendment to the village board.
Formal action: Commissioner Schuessler moved to approve the staff recommendation; a second followed and the commission voted aye unanimously.
Next steps: The planning commission's recommendation will proceed to the village board for final adoption. Permits and code compliance (building and fire) remain required for any installed fireplaces.
