Westmont planners debate broad rewrite of 'accessory and temporary uses' — ADUs, sheds, fences and lighting draw the most comment

On June 11 the Village of Westmont Planning and Zoning Commission reopened a public hearing on proposed comprehensive zoning text amendments and spent the evening on Article 7, which addresses accessory and temporary uses. The discussion ranged across small shed exemptions, accessory dwelling units (ADUs), fences on corner lots, donation drop boxes, outdoor kitchens and lighting rules; staff said it will prepare amended language reflecting the commission's direction and public comments.

Why it matters: Article 7 contains rules homeowners and small businesses use every day—what kind of sheds can be installed without permits, how ADUs can be configured, whether generators and solar panels may encroach into setbacks, and how fences work on busy streets. Changes to these rules affect property rights, neighborhood character, enforcement burdens and, in some cases, stormwater/lot‑coverage limits.

Small building exemption and sheds: Commissioners questioned the draft's proposed 12‑square‑foot exemption for small prefab sheds. Commissioner Sharp urged raising the exemption to something more practical, such as 50 square feet, noting many consumer sheds sold at big‑box stores are larger than 12 square feet. Staff explained the exemption aims to avoid requiring permits for very small, non‑permanent units; larger or permanent foundations would still be regulated for lot coverage. Commissioners debated whether to allow one larger exempt unit (e.g., up to 50 sq ft) rather than two tiny 12‑sq‑ft units, and discussed whether setbacks for exempt sheds should remain (current code proposals keep 5‑ft side and 10‑ft rear setbacks) and whether a smaller maintenance access (3 ft) would be more practical.

ADUs (accessory dwelling units): ADUs prompted the longest debate. The draft allows ADUs on lots occupied by single‑family houses with a maximum livable area proposed at 850 square feet and several design and setback restrictions. Commissioners and members of the public raised enforcement and policy questions: whether basements with low ceilings should be excluded from the ADU square‑footage cap, how ADUs would interact with lot‑coverage limits and garages, and whether ADUs would effectively become rental units or short‑term rentals. One commissioner suggested allowing ADUs within existing structures first and revisiting detached ADUs later; others asked staff to show massing examples so commissioners can better judge the visual impact of allowed heights (the draft limits certain ADU heights and requires design compatibility). Staff said the draft follows a cautious model used by other communities and that if ADUs are allowed, the Village will monitor and amend rules as needed.

Fences and corner lots: Commissioners debated proposed changes to fence placement on corner lots and busy streets. The draft reduces required distance for a 6‑ft fence in certain rear yards from 15 feet to 5 feet in some corner contexts; commissioners supported more flexibility for properties that front busy streets but asked staff to preserve sight‑triangle safety standards for vehicle sightlines at intersections.

Donation drop boxes and outdoor storage: The commission discussed whether donation drop boxes should require a permit or a license. Staff said the permit allows the Village to track operator contact information and address overflow/maintenance complaints; some commissioners worried about enforcement burden. The draft sets size and maintenance limits and gives staff authority to revoke permits for persistent nuisance conditions.

Generators, noise and permitting: Several commissioners referenced the HTW/801 North Cass example from the same meeting, noting that generator siting raises noise and screening issues; staff said noise limits are enforced under the Village's performance standards and the fire and building bureaus will review technical details during permitting.

Lighting, environmental concerns and motion‑activated fixtures: Krista Stenelis of Westmont's Environmental Improvement Committee urged stricter lighting controls. The draft sets limits for color temperature, cutoff and light trespass but exempts fixtures that produce no more than 1,500 lumens and allows motion‑activated lights as an exception to full shielding; Stenelis said intermittent motion‑activated lighting can still cause nuisance glare and recommended rethinking the 1,500‑lumen exemption and the motion‑activated exception.

Parking and broader code impacts: Public commenter Brian Schuring urged the Village to commission a parking study and to consider maximum parking entitlements and updated minimums (post‑pandemic behavior affects retail/restaurant demand). Commissioners noted lot‑coverage and stormwater rules constrain how large an ADU or accessory building can be on many Westmont lots; staff cautioned that many smaller lots simply cannot accommodate both a detached ADU and a full garage without variances.

Public comment and next steps: Two public commenters raised specific concerns about definitions and enforcement. Mark Daniel urged precise definitions and cautioned against overuse of special‑use approvals without clear caps. After extended commissioner discussion staff said it will revise Article 7 language to reflect the feedback (shed size and permanence, clearer definitions distinguishing accessory buildings vs. structures, ADU clarifications, fencing, lighting, donation box rules and other points) and present updated draft language at a future meeting. The commission set a special meeting to continue the zoning rewrite on June 25, 2025; all commissioners voted to continue the public hearing.