G-575 - 09/24/1996 - ZONING - Ordinances ORDINANCE 96-ZO-TA-G-575
AN ORDINANCE AMENDING SECTIONS V, VI AND XII
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK,
ORDINANCE NO. G-60, AS AMENDED
WHEREAS, Section XII of the Zoning Ordinance of the Village of Oak Brook
pertains, in part, to amortization of nonconforming buildings, structures and
uses; and
WHEREAS, given the trend of the law over the past thirty years, and
given the application of current law to the uses affected by the amortization
provisions in Section XII, it is appropriate that these amortization
provisions be eliminated from the Zoning Ordinance; and
WHEREAS, the intent of Section V(A) of the Zoning Ordinance entitled,
"General Provisions - Control Over Use", is to prohibit uses not expressly
permitted; and
WHEREAS, Section V(C) of the Zoning Ordinance entitled, "General
Provisions - Building on Lot", currently allows a property owner to combine
without notice more than one lot of record to establish a zoning lot, leading
to possible zoning ordinance violations if the property later comes under
split ownership; and
WHEREAS, Section V(D) of the Zoning Ordinance. entitled, "General
Provisions - Lot Division", is in need of clarification; and
WHEREAS, Section VI(A) of the Zoning Ordinance entitled, "Establishment
of Districts - List of Districts", incorrectly shows a B-4 Hotel Office
Institutional District, rather than a separate B-4 Hotel-Office District and
a separate Institutional District; and
WHEREAS, an application has been filed requesting amendments to Section
XII, which would eliminate the amortization provisions, and amendments to the
text of Sections V and VI; and
WHEREAS, at its meetings of June 17, 1996, and July 15, 1996, the Plan
Commission recommended the deletion of Section XII(7) Elimination of
Nonconforming Buildings, Structures and Uses and other amendments to Section
XII, as well as amendments to the aforestated miscellaneous text in Sections V
and VI of the Zoning Ordinance, and
WHEREAS, the Zoning Board of Appeals pursuant to due and appropriate
legal notice conducted a public hearing thereon and on August 6, 1996
recommended approval of the requested text amendments, including deletion of
the amortization provisions in all zoning districts; and
Ordinance 96-ZO-TA-G-575
Amending Sections V, VI and
XII of the Zoning .Ordinance
Page 2
WHEREAS, it is in the best interests of the Village of Oak Brook that
the amendments set forth below be made;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That Section XII, Nonconforming Buildings, Structures and
Uses, (A) Statement of Purpose, of the Zoning Ordinance of the Village of Oak
Brook, Illinois, Ordinance G-60, as amended, be and the same is hereby amended
to read as follows:
"(A) Statement of Purpose.
The purpose of this Section is to provide for the regulation of
nonconforming uses, buildings and structures, and to specify those
circumstances and conditions under which those nonconforming buildings,
structures and uses shall be eliminated."
Section 3: That Section XII(B) (6) , Change of Use in Nonconforming
Building or Structure, of the Zoning Ordinance of the Village of Oak Brook,
Illinois, Ordinance G-60, as amended, be and the same is hereby amended to
read as follows: -
"(6) Change of Use in Nonconforming Building or Structure: The
nonconforming use of a building or structure all or substantially all of
which is designed or intended for a use not permitted in the district in
which it is located, may be changed to a use permitted in the district
in which the building or structure is located."
Section 4: That Section XII(B) (7) , Elimination of Nonconforming
Buildings, Structures and Uses, be deleted and become reserved.
Section 5: That Section XII(B) (8) , Nonconforming Use of Conforming
Buildings or Structures, of the Zoning Ordinance of the Village of Oak Brook,
Illinois, Ordinance G-60, as amended, be and the same is hereby amended to
read as follows:
"(8) Nonconforming Use of Conforming Buildings or Structures: The
existing nonconforming use of a part or all of a conforming
building or structure may be continued subject to the following
provisions:
Ordinance 96-ZO-TA-G-575
Amending Sections V, VI and
XII of the Zoning Ordinance
Page 3
(a) The nonconforming use of a part of such building or
structure shall not be expanded or extended into any other
portion of such building or structure, nor changed to any .
other nonconforming use.
(b) If a nonconforming use of such a building or structure is
discontinued, or abandoned for a period of six consecutive
months, it shall not be renewed, and any subsequent use of
such building or structure shall conform to the use
regulations of the district in which the premises are
located. "
Section 6: That Section XII(B) (9) , Nonconforming Use of Land, of the
Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as
amended, be and the same is hereby amended to read as follows:
"(9) Nonconforming Use of Land: The nonconforming use of land not
involving a building or structure, or in connection with which any
building or structure thereon is incidental or accessory to the
principal use of land, may be continued subject to the following
provisions:
(a) Such nonconforming use shall not be expanded or extended
beyond the area it occupies.
(b) If such a nonconforming use of land is discontinued or
abandoned for a period of six consecutive months, it shall
not thereafter be renewed, and subsequent use of land shall
conform to the regulations of the district in which the land
is located.
(c) No nonconforming use of land shall be changed to another
nonconforming use.
(d) Where the nonconforming use of land is accessory to the
nonconforming use of a building or structure, it shall be
discontinued on the same date on which the nonconforming use
of the building or structure is discontinued."
Section 7: That Section V(A) (1) , General Provisions, Control Over Use,
of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60,
as amended, be and the same is hereby amended to read as follows:
" (A) Control Over Use.
Ordinance 96-ZO-TA-G-575
Amending Sections V, VI and
XII of the Zoning Ordinance
Page 4
(1) The uses of land and the erection, alteration and use of
structures shall be limited to:
(a) Uses lawfully established on the effective date of this
Ordinance, subject to the regulations set forth in Section
XII of this Ordinance.
(b) Permitted uses or special uses permitted in the zoning
district in which the land or structure is located, subject
to the regulations set forth in Section XII(C) of this
Ordinance pertaining to height, area and parking.
Subject to the above limitations, no building or land shall be
used, and no building shall be erected or altered for any
purposes other than permitted in the zoning district in which the
land or structure is located. "
Section 8: That Section V(C) , Building on Lot, of the Zoning Ordinance
of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the
same is hereby amended to read as follows:
"(C) Building on Lot:
(a) On single-family detached residence district lots with
permitted uses, there shall be not more than one principal
building.
(b) In the event that more than one lot of record is necessary
to satisfy the requirements of this Zoning Ordinance, a
Notice of Encumbrance shall be recorded with the Recorder of
Deeds against all affected lots of record prior to the
issuance of any building permit. "
Section 9: That Section V(D) , Lot Division, of the Zoning Ordinance of
the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the
same is hereby amended to read as follows:
"(D) Lot Division:
No lot containing a use or structure shall hereafter be divided in
order to secure one or more additional lots for transfer of
ownership and establishment of a principal use thereon, unless
each lot resulting from such division and including also the lot
containing the use or structure shall have the minimum lot area
and lot width as required in this Ordinance for the district in
Ordinance 96-ZO-TA-G-575
Amending Sections V, VI and
XII of the Zoning Ordinance
Page 5
which the lot is located."
Section 10: That Section VI(A) , Zoning Districts, Establishment of
Districts, of the Zoning Ordinance of the Village of Oak Brook, Illinois,
Ordinance G-60, as amended, be and the same is hereby amended to read as
follows:
"(A) Establishment of Districts:
In order to carry out the purposes and provisions of this Appendix, the
Village is hereby divided into the following zoning districts:
CR, Conservation/Recreation
R1, Single-Family Detached Residence
R2, Single-Family Detached Residence
R3, Single-Family Detached Residence
R4, Single-Family Detached Residence
B1, Local Shopping Center
B2, Regional Shopping Center
B3, General Business
B4, Hotel-Office
Institutional
ORA1, Office-Research-Assembly
ORA2, Office-Research-Assembly
ORA3, Office-Research-Assembly
03, Office
Section 11: That 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 12: If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid, such
determination shall not affect the validity of any remaining portion of this
Ordinance.
PASSED THIS 24th day of September, 1996.
AYES: Trustees McInerney, Payovich, Savino and President Bushy
NAYS Trustee Bartecki
ABSENT: Trustees Kenny and Shumate
None
ABSTAIN:
Ordinance 96-ZO-TA-G-575
Amending Sections V, VI and
XII of the Zoning Ordinance
Page 6
APPROVED THIS 24th day of September, 1996.
A /4
Village President '
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Village Attorney
Published 9-25-96 Pamphlet form
Date Paper
Not Published