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G-8 - 11/17/1959 - ZONING - Ordinances r rrlk , i, OAK BROOK y� " 7 Z ONING�" ORDINANCE Y} 2'. M 7, _:•. :; .. :' ;.:, + 3a1K.r Tr f tIY a F 7 � a 1 , a',1 1 , } ., 1 Vtly 2 tl� f y . : t. 1 sg i Ti I r k 4 Tt 4 " ' J k S Y + 1 t r 51 -��i rn!rK,•.�, rc�`7 y,1�(ty ,�1 , 1 -Y'�",� y�5f` �'. , ' ¢ 'i r • � n � +A✓ T J' R 1 F Adopted by the President and Board of Trustees a lhrll�y y, 5 i ` 1 •i i � � t '} of the Village of Oak Brook, Illinois on' the 17th day of November, 1,959 • # y ,, Being Ordinance No. G-8 of the General � 1 641i' r Ord ina a k t nces of the .Village of Oak Brook, Illinois. e f a eYq 4wsrr f4 Published January 15, 1960 VILLAGE OF OA►I( BROOI(, ILLINOIS Board of Trustees l T. A. Mohlman, President W. C. Calhoun James Carley Frank Kolar Albert Krueger Mrs. Dennis Peyton Edward O'Brian Phyllis Perkins, Village,Clerk Zoning Committee Mrs. John Armstrong, Chairman George McHenry Edward O'Brian Mrs. Julius Butler Gordon Foster �4 Arthur Melvin Allan Roysdon r' Planning Consultant Carl L. Gardner and Associates — Chicago, Illinois TABLE OF CONTENTS TABLE OF CONTENTS (Continued) SECTION SUBJECT PAGE SECTION SUBJECT PAGE TITLE _______________ B2 Regional Shopping Center District ____________________28 B3 Restricted Business District --------------------------------30 II PURPOSE AND INTENT --------------------------------------------------------- 2 B4 General Business District _-________-_____________-_____.___31 III RULES AND DEFINITIONS ______________________ ----------------- 3 VIII MANUFACTURING DISTRICTS ______________________ General Requirements ---------------------------------------------35 IV GENERAL PROVISIONS ------------------------------------------------------13 M Limited Manufacturing District --------------------------39 Interpretation ----------------------------------------------------------13 Separability --------------------------------------------------------------13 Building on Lot ----------- IX OFF-STREET LOADING AND OFF-STREET PARKING ____________41 Allowable Use of Land or Buildings _________________.-__13 Off-Street Loading --------------------------------------------------41 Prohibited Use of Land or Buildings ______________________14 Off-Street Parking --------------------------------------------------42 Control Over Use ----------------------------------------------------14 Control Over Bulk ----_---------------------------------------------14 X NON-CONFORMING BUILDINGS, STRUCTURES, Accessory Buildings and Uses -------------------------------14 AND USES --------------------------------------------------------------------------47 Special Uses ------------------------------------------------------------15 Statement of Purpose ----------------------------------------------47 Perm;tted Obstructions — Yards ____________________________15 Authority to Continue Non-Conforming Yards; General 16 Buildings, Structures, and---.Uses ---------------------------47 --------------------------------------------------- Flood-Plain Area Exempted Buildings, Structures, and Uses -----------------------------------------------------16 Restrictions on.Non-Conforming Buildings, Structures, and Uses Thereof ----------------------_..___48 V ZONING DISTRICTS ------------------------------------------------------------17 Condemnation of Non-Conforming Buildings Establishment of Districts ----------------------------------------17 and Structures Map ------------------------------------------------------------------------17 Non-Conforming Use of Buildings or Structures ___.50 Boundaries of Districts ---------------------------------------------17 Non-Conforming Use of Land --------------------------------51 Annexed Territory --------------------------------------------------18 Exemptions -------------------------------------------18 '-----------------" XI ADMINISTRATION --------------_----------------------------------------------- VI RESIDENCE DISTRICTS __________________ Certificates and Occupancy Permits ._______________-____.___52 General Requirements—All .Residence Districts I Duties of the Building Inspector -----------------------------52 Zoning Board of Appeals --------------------------------------53 R2 Single-Family Residence District ________________________20 Appeals -----------------------------------------------------------------54 R1 Single-Family Residence District ________________________21 Variations ----------------------------------------------------------------54 RYs Single-Family Residence District _____________________22 Plan Commission ----------------------------------------------------55 RIA Single-Family Residence District ______________________23 Amendments ------------------------------------------------------------57 RG General Residence District ________________________________23 Special Uses ------------------------------------------------------------57 Fees -----------------------------------------------------------------------58 VII BUSINESS DISTRICTS -----------------------------------------------------------2 b Violation, Penalty, Enforcement ______________________________60 General Requirements—All Business Districts --------26 WhenEffective --------------------------------------------------------61 B1 Local Shopping Center District -------------------------26 AN ORDINANCE SECTION it NOW, THEREFORE, BE IT RESOLVED,that the President PURPOSE AND IN;T:ENT and the Board of Trustees of the Village of Oak Brook, Du- This ordinance is adopted for the purpose of: Page County, Illinois, by virtue of the authority in it by . . . promoting the public health, safety, comfort, morals, conveni- ence, and general welfare; law vested, does hereby ordain and enact the following securing adequate light, pure air, and safety from fire and other dangers; Ordinance. conserving the taxable value of land and buildings throughout the Village of Oak Brook; . . . dividing the entire Village of Oak Brook into districts and clas- sifying, restricting, and regulating therein the trades and industries, and the location, construction, reconstruction, alter- ation, and use of buildings, structures, and land, whether for residence, business, manufacturing, or other specified uses; . . . avoiding or lessening congestion in the public streets; . . . preventing the overcrowding of land through regulating and limiting the height and bulk of buildings hereafter erected as related to land area; . . . establishing, regulating, and limiting the building or setback lines on or along highways, streets, alleys, trafficways, drives, parkways, or property lines; regulating and limiting the intensity of the use of lot areas, and SECTION I regulating and determining the area of open spaces within and surrounding buildings; TITLE establishing standards to which buildings or structures therein This ordinance shall be known, cited, and referred to as: shall conform; . . . prohibiting uses, buildings, or structures incompatible with the THE OAK BROOK ZONING ORDINANCE character of the residence, business, or manufacturing districts; 1 . . . preventing additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder; . . . defining and limiting the powers and duties of the administra- tive officers and bodies as provided hereinafter; and . . . prescribing penalties for the violation of the provisions of this ordinance or of any amendment thereto. —1— —2— AUTOMOBILE SERVICE STATION (GAS STATION). Any building or portion SECTION III thereof or premises used for dispensing or offering for sale at retail any automotive fuels or oils, and having pumps and storage tanks thereon; also where battery, tire, and other similar services are rendered, but only if RULES AND DEFINITIONS rendered wholly within lot lines. Automobile-`service stations do not include open-sales lots as defined herein. When such dispensing, sale, or offering The language set forth in the text of this ordinance shall be interpreted for sale of any fuels or oils is incidental to the conduct of a public garage, in accordance with the following rules of construction: the premises shall be classified as a public garage. the singular number includes the plural, and the plural the AUTOMOBILE WRECKING YARD. Any area of land where three or more motor vehicles, not in running condition, or the parts thereof are stored in singular; the open and are not being restored to operation; or any land, building, or structure used for the wrecking or storing of such automobiles or parts the present tense includes the past and future tenses, and the thereof. future the present; AWNING. A roof-like cover, temporary in nature, which projects from the . . . the word "shall" is mandatory, while the word "may" is per- P y P wall of a building and which may overhang a street. missive; BASEMENT. A portion of a building located partly underground, but hav- the masculine gender includes the feminine and neuter; ing less than half its clear floor-to-ceiling height below the average grade of the adjoining ground. whenever a word or term defined hereinafter appears in the text of this ordinance, its meaning shall be construed as set forth BLOCK. A tract of land bounded by streets or by a combination of one or in the definition thereof, and the meaning of any word not de- more streets, public parks, cemeteries, and other public land uses. fined herein shall be in accordance with the definition contained in Webster's Dictionary; any word appearing in parenthesis be- BUILDABLE AREA—for the purpose of measuring lot width. The narrowest tween a word and its definition herein shall be construed in the width within the 30 feet of lot depth immediately in back of the front-yard same sense as that word; setback line. all measured distances, expressed in feet, shall be to the nearest BUILDING. Any structure having a roof, supporfd by columns or by walls one-half foot or more, the integral and intended for the shelter, housing, or encI6'ure of any person, animal, integral foot; if a fraction foot next above shall be taken; and or chattel. When any portion thereof is completely separated from every other portion by a party wall, then such portion shall be deemed to be a . . . the following words and terms, whenever they occur in this separate building. ordinance, shall be interpreted as herein defined. BUILDING, ACCESSORY. A subordinate building or portion of a principal building the use of which is incidental to that of the principal building and customary in connection with that use. AIRCRAFT. Any contrivance, now known or hereafter invented for use in BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from or designed for navigation of or flight in the air. the adjacent open space or from other buildings or structures by a perm- anent roof and party walls and by exterior walls pierced by only windows AIRPORT (LANDING STRIP, HELIPORT, OR HELISTOP). Any premises which and normal entrance or exit doors. are used or intended for use for the landing and take-off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings BUILDING, DETACHED. A principal building surrounded by open space on or other airport structures or rights-of-way — together with all airport build- the same lot. ings and structures located thereon. BUILDING HEIGHT. The vertical distance measured from the established ALLEY. A right-of-way with a width not exceeding 20 feet which affords b curb level to the highest point of the under side of the ceiling beams, in the a secondary means of access to abutting property. case of a flat roof; to the deck line of a mansard roof; and to the mean ANIMAL HOSPITAL. Any building or portion thereof designed or used for level of the under side of rafters between the eaves and the ridge of a the care, observation, or treatment of domestic animals. gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in cal- APARTMENTS — see DWELLINGS, MULTIPLE-FAMILY. culating the height. AUTOMOBILE LAUNDRY. Any building or portion thereof where automo- BUILDING, PRINCIPAL. A non-accessory building in which is conducted the biles are washed using a conveyor, blower, steam-cleaning equipment, or principal use of the lot on which it is located. other mechanical device of production-line nature. —4- -3— BUYLDING, kESIDENTIAL. A building arranged, designed, used or intended DWELLING, SEMI-DETACHED. A dwelling which is joined to one other to be used for residential occupancy by one or more families. Residential dwelling by a party wall. buildings include, but are not limited to, the following types: (1) single, family detached dwellings, (2) two-family dwellings, (3) multiple-family DWELLING, TWO-FAMILY. A dwelling containing two dwelling units which dwellings, and (4) a row of one or two-family attached dwellings developed are detached, semi-detached or attached. initially under single ownership or control. r DWELLING, MULTIPLE-FAMILY. A dwelling containing three or more dwel- BUILDING, TEMPORARY. Any building not designed to be permanently ling units. located in the place where it is or where it is intended to be placed or EFFICIENCY UNIT. A dwelling unit consisting of one principal room to- affixed. gether with bathroom, kitchen, hallway and closets and may contain a dining BULK. A composite characteristic of a given building as located upon a alcove directly off the principal room, provided such dining alcove does not given lot—not definable as a single quantity, but involving all of the follow- exceed 90 square feet in area. ing characteristics: (1) size and height of building, (2) location of exterior walls at all levels in relation to lot lines, streets, or to other buildings, (3) FAMILY. One or more persons each related to the other by blood, marriage, floor area of the building in relation to lot area (floor area ratio), (4) or legal adoption, or a group of not more than three persons not all so gross all open aces allocated to the building, and (5) the amount of lot area , related, together with his or their domestic servants, maintaining a common p spaces household in a dwelling unit. provided per dwelling unit. BUSINESS. An occupation, employment or enterprise which occupies time, FENCE, SOLID. A fence, including solid entrance and exit gates, which conceals from viewers in or u to adjoining properties and streets materials attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered. stored and operations conducted behind it. CELLAR. The portion of a building located partly or wholly underground FLOOR AREA—for the purpose of determining the floor area ratio, conver- sions of existing having half or more than half of its clear floor-to-ceiling height below isting structures and maximum size of business establishments. the average grade of the adjoining ground. The sum of the horizontal area of the floor space contained in all floors, in- cluding a basement floor, but not including a cellar floor of a building or CLUB OR LODGE, PRIVATE. A non-profit association of persons who are buildings on a lot—measured in square feet from the exterior faces of the bona-fide members paying dues which owns, hires or leases a building or exterior walls of each building, or from the center line of party walls separ- portion thereof, the use of such premises being restricted to members and ating two buildings. _ their guests. Such floor area shall also include: ' a. space devoted to elevator shafts and stairwells at each floor; CURB LEVEL. The level of the established curb in front of a building or b floor space used for mechanical equipment when the structural head- structure measured at the center of such front. Where no curb level has . been established it shall be deemed to be the established level of the center room exceeds seven feet, ten inches height, except equipment such line of the street surface in front of a building or structure measured at the roof,bulkheads, water tanks, and cooling towers, when located on the roof, whether or not such equipment is in the open or enclosed; center line of such front. c. floor space in that part of a half-story where headroom is seven feet, DECIBEL. A unit of measurement of the intensity (loudness) of sound. ten inches or more in height; Sound level meters which are employed to measure the intensity of sound d. floor space devoted to interior balconies, mezzanines, and enclosed are calibrated in decibels. porches; e. floor space devoted to accessory uses in the principal building and in DWELLING. A residential building or portion thereof, but not including the accessory building or buildings; and hotels, motels, rooming houses, nursing homes, tourist homes or trailers. f. floor space devoted to enclosed off-street parking and off-street loading. DWELLING UNIT. A group of rooms constituting all or part of a dwelling FLOOR AREA—for the purpose of determining off-street parking and off. which are arranged, designed, used, or intended for use exclusively as liv- street loading requirements. The sum of the gross horizontal areas of the ing quarters for one family and an aggregate of not more than two roomers several floors of the building or portion thereof devoted to such use re- or boarders, and which include complete kitchen facilities, permanently quiring off-street parking and off-street loading, including accessory storage installed. a areas located within selling or working space such as counters, racks, or DWELLINGS, ATTACHED (GROUP, ROW AND TOWNHOUSES). A dwelling closets, and any basement floor area devoted to dwelling purposes, to re- joined to two other dwellings by party walls. tailing activities, to the production or processing of goods, or to business or professional offices. However, such floor area shall not include: floor DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit area devoted primarily to storage purposes (except as otherwise noted here- which is either detached, semi-detached or attached, in); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or cellar floor area other than area DWELLING, DETACHED. At-dwelling which is entirely surrounded by open devoted to retailing activities, to the production or processing of goods, or to spaces on the same lot. business or professional offices. —5— —b- FLOOR AREA RATIO. The numerical value obtained through dividing the suite of lodging rooms each room which provides sleeping accommodations floor area of a building or buildings by the net lot area on which such shall be counted as one lodging room. building or buildings are located. I LOT. A parcel of land, whether legally described or subdivided as one or more lots or parts of lots, located within a single block, and which is occu- FREQUENCY. The number of oscillations per second in a sound or other occu- pied b or intended for occupancy b one principal building or principal use, type of wave measuring the pitch of the resulting sound. p y p y y p p g p p together with permitted accessory buildings and required open spaces, and GARAGE, PRIVATE. An accessory building or an accessory portion of the having its principal frontage upon a street. principal building which is intended for and used for storing the private LOT AREA. The area of a horizontal plane bounded by the vertical planes passenger vehicles and one commercial vehicle of not more than one and through front, side, and rear lot lines. one-half ton load capacity of a family or families resident upon the pre- mises, and in which no business, service or industry connected directly or LOT CORNER. A lot situated at the junction of and abutting on two or more indirectly with the automotive vehicles is carried on, provided that not intersecting streets; or a lot at the point of deflection in alignment of a single more than one-half of the space may be rented for the private passenger street, the interior angle of which is 135 degrees or less. vehicles of persons not resident on the premises, except that all the space LOT DEPTH. The mean horizontal distance between the front lot line and the in a garage of one or two-car capacity may be so rented. rear lot line of a lot measured within the lot boundaries. GARAGE, PUBLIC. Any building within which automotive vehicles are paint- LOT LINE. A property boundary line of any lot held in single or separate ed, repaired, rebuilt, reconstructed or stored for compensation. ownership, except that where any portion of the lot extends into the abut- GARAGE, STORAGE. A building used for housing only of motor vehicles ting street or alley, the lot line shall be deemed to be the street or alley pursuant to previous arrangements and not by transients; and where no right-of-way line. equipment or parts are sold and vehicles are not rebuilt, serviced, repaired, LOT LINE, FRONT. That boundary line of a lot which is along an existing or hired or sold, except that fuel, grease or oil may be dispensed within the dedicated street lot line and which is established by the owners as a front building to vehicles stored therein. lot line. On corner lots, the owners may select either street lot line as the GROUND-FLOOR AREA. The lot area in square feet covered by a single- front lot line. family dwelling, measured from the exterior faces of the exterior walls of LOT LINE, REAR. That boundary of a lot which is most distant from and is, the building. Such area shall include only the area devoted to dwelling or is approximately parallel to the front lot line. --,If the rear lot line is less purposes, including enclased utility rooms on the ground floor of a dwelling than ten feet in length, or if the lot forms a point at the rear, the rear lot and shall not include area devoted to garage, breezeway or carport. line shall be deemed to be a line ten feet in length within the lot, parallel HOME OCCUPATION. A gainful occupation or profession conducted by a to and at the maximum distance from the front lot line. member of a family residing on the premises, but not including any activ- LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line. ity that does cause annoyance to neighbors or require the use of a sign. LOT, REVERSED CORNER. A corner lot, the street-side lot line of which is HOTEL. A building containing lodging rooms, a general kitchen and dining substantially a continuation of the front lot line of the first lot to its rear. room, a common entrance lobby, halls and stairway; and where lodging LOT, THROUGH. A lot which has a pair of opposite lot lines along two rooms do not have a doorway opening directly to the outdoors, except for more or less parallel streets and which is not a corner lot. On a through emergencies; and where more than 50 percent of the lodging rooms are lot, both street lines shall be deemed front lot lines, except in the case of for rent, with or without meals, to transient guests for a continuous period two or more contiguous through lots there shall be a common front lot line. of less than 30 days. HOTEL, APARTMENT. A hotel in which at least 50 percent of the hotel MARQUEE (CANOPY). A roof-like structure of permanent nature which projects from the wall of a building and may overhang the public way. accommodations are for occupancy by permanent guests (30 days or more). JUNK YARD. An open area where waste, used or second-hand materials MOBILE HOME. A trailer designed and constructed primarily for dwelling are bought, sold, exchanged, stored, baled, packed, disassembled or purposes. handled, including, but not limited to, scrap iron and other metals, paper, MOBILE HOME PARK. Any premises on which are parked one or more rags, rubber tires, and bottles. A junk yard includes an auto-wrecking yard, mobile homes on any premises used or held out for the purpose of supplying but does not include such uses as are conducted entirely within enclosed to the public a parking space for one or more such mobile homes. Does buildings. not include sales lots on which automobiles, trailers, or mobile homes—new or used—are parked for purposes of inspection and sale. KENNEL. Any premises where three or more domestic animals over four months of age are owned, boarded, bred and/or offered for sale. MOTEL. A building containing lodging rooms having adjoining individual bathrooms, and where each lodging room has a doorway opening directly LODGING ROOM. A room rented as sleeping and living quarters, but with- to the outdoors and more than 50 percent of the lodging rooms are for out cooking facilities, and with or without an individual bathroom. In a rent to transient tourists for a continuous period of less than 30 days. —7— —8— MOTOR FREIGHT TERMINAL. A building and premise in which freight, RINGELMANN CHART. A chart which is described in the U. S. Bureau of shipped by motor truck or railroad, is received, assembled, sorted and re- Mines Information Circular 6888, and on which are illustrated graduated routed for local, intra-state or inter-state shipment by motor truck. shades of grey for use in estimating the light-obscuring capacity of smoke. MOTOR VEHICLE. Any self-propelled wheeled vehicle designed primarily RINGELMANN NUMBER. The number of the a'r'ea on the Ringelmann Chart for transportation of persons or goods along public streets. that coincides most nearly with the light-obscuring capacity of smoke. NAMEPLATE. A sign indicating the name and address of a building or the SCREENING. A structure erected or vegetation planted for concealing from name of an occupation thereof, and the practice of a permitted occupation. viewers the area behind it. therein. SIGN. A name, identification, description, display, or illustration which is NET LOT AREA. The area inside of lot lines, exclusive of streets and alleys. affixed to or painted or represented directly or indirectly upon a building NOXIOUS MATTER. Material which is capable of causing injury or malaise or other outdoor surface or piece of land; and which directs attention to an to living organisms or is capable of causing detrimental effects upon the object, product, place, activity, person, institution, organization, or business. health or the psychological, social or economic well-being of human beings. However, a sign shall not include the following (a) any display of official court or public office notices; (b) the flag emblem or insignia of a nation, OCTAVE BAND. A term denoting all frequencies between any given fre- political unit, school, or religious group; and (c) a sign located completely quency and double that frequency. within an enclosed building unless the context is intended to be viewed OCTAVE BAND FILTER. An electrical frequency separator, designed ac- from a street. cording to standards formulated by the American Standards Association and Each display surface of a sign shall be considered to be a separate sign. used in conjunction with a soundlevel meter to take measurements in specific octave intervals. (American Standard for Sound-Level Meters, A.S.A. No. SIGN, ADVERTISING (BILLBOARD OR POSTER PANEL). A sign which directs 224.3 — 1944). attention to a business, commodity, service or entertainment conducted, sold OPEN SALES LOT. Any land used or occupied for the purpose of.buying, or offered at any location other than upon the premises where such sign is located or to which it is affixed. selling, or renting passenger cars, trucks, trailers, motor scooters, motor- cycles, boats, aircraft, monuments, or other similar merchandise, and for SIGN, BUSINESS. A sign which directs attention to a business or profession the storing of same prior to sale or rental. conducted or to a commodity, service or entertainment conducted, sold or PARKING LOT. A remise,where more than four motor vehicles in running offered upon the premises where such sign is located or to which it is p affixed. condition are parked, whether or not a fee is charged; and where parking €` of motor vehicles is primarily for continuous periods of less than 12 hours SIGN, FLASHING. Any illuminated sign on which the artificial light is not time; and where no equipment or parts are sold and motor vehicles are not maintained stationery or constant in intensity in color at all times when processed, rebuilt, serviced, repaired, hired, or sold; and where fuel, grease, such sign is in use. For the purpose of this ordinance, any moving illumin- oil or similar commodities are dispensed. ated sign shall be considered a flashing sign. PARTICULATE MATTER. Material which is suspended in or discharged into SIGN, GROSS SURFACE AREA OF. The entire area within a single continu- the atmosphere in finely divided form as a liquid or solid at atmospheric ous perimeter enclosing the extreme limits of a sign, and in no case passing temperature and pressure. through or between any adjacent elements of the same. However, such PARTY WALL. A wall starting from the foundation and extending continu- perimeter shall not include any structural elements lying outside the limits ously through all stories to or above the roof which separates one building of such sign and not forming an integral part of the display. from another, and is in joint use by each building. SMOKE UNITS, NUMBER OF. The number obtained by multiplying the PERFORMANCE STANDARD. A criterion to control noise, odor, smoke, toxic smoke density in Ringelmann numbers by the time of emission in minutes. or noxious matter, vibration, fire and explosive hazards, or glare or heat For the purpose of this calculation, a Ringelmann density reading is made generated by or inherent in uses of land or buildings. at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; the PLANNED DEVELOPMENT. A parcel or tract of land which is to be developed various products are then added together to give the total number of smoke as an integrated unit and which will contain two or more principal buildings, units observed during the total period under observation. and where community or public sanitary sewerage and water supply sys- tems are provided. SOUND-LEVEL METER. An instrument standardized by the American Stand- ards Association for measurement of the intensity of sound. REFUSE. All waste products resulting from human habitation, except sewage. STABLE, PRIVATE. A private stable is any building which is located on a RESEARCH LABORATORY. Abuilding or group of buildings in which are lot on which a dwelling is located, and which is designed, arranged, used located facilities for scientific <_research, investigation, testing, or experiment- or intended to be used for housing horses for the private use of occupants of the dwelling. ation, but not facilities principally for the manufacture or sale of products. —9— —10— YARD. An open space on a lot which is unoccupied and unobstructed from STABLE, PUBLIC. A building where horses are kept for remuneration, hire its lowest level to the sky. A yard extends along a lot line and at right or sale. angles to such line to a depth or width specified in the yard regulations for STORY. That portion of a building included between the surface of any the zoning district in which such lot is located. floor and the surface of the floor next above; or if there is no floor above,.the YARD, FRONT. A yard extending along the 1 full width of and from the space between the floor and the ceiling next above. A basement shall be established front lot line between side lot lines to the front building line in counted as a story and a cellar shall not be counted as a story. depth. STORY, HALF. A space under a sloping roof which has the line of intersec- YARD, REAR. The portion of the yard on the same lot with the principal tion of roof decking and wall not more than three feet above the top floor building located between the rear line of the building and the rear lot line level, and in which space not more than 60 percent of the floor area is com- and extending for the full width of the lot. pleted for principal or accessory use. YARD, SIDE. A yard extending along a side lot line between the front and STREET (AVENUE, PLACE, LANE, ROAD, BOULEVARD, TERRACE OR PARK- rear yards. WAY). A right-of-way of required width which affords a primary means of access to abutting property. STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls, partitions, foundations, columns, beams or girders; or any substantial change in the roof or exterior walls. STRUCTURE. Anything erected the use of which requires more or less perm- anent location on the ground, or attached to something having a permanent location on the ground. A sign or other advertising device, detached or projecting, shall be construed to be a separate structure. TOXIC MATERIAL. A substance (liquid, solid or gaseous) which by reason of an inherent deleterious property tends to destroy life or impair health.. TRAILER. Any vehicle or, portable structure constructed so as to permit occu- pancy thereof for lodging' or dwelling purposes, or for use as an accessory building or structure in the conduct of a business, trade or occupation; and which is so designed and constructed that it is, or may be, mounted on wheels and used as a conveyance on streets and highways; and which is propelled or drawn by its own or other motive power. USE. That purpose or activity for which the land or building thereon is de- signed, arranged, or intended, or for which it is occupied or maintained. USE, ACCESSORY. A subordinate use which is clearly and customarily inci- dental to the principal use of a building or premises, and which is located on the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere. USE, NON-CONFORMING. Any use of a building or premises which on the effective date of this ordinance does not, even though lawfully established, comply with all of the applicable use regulations of the zoning district in which such building or premise is located. USE, PERMITTED. Any building, structure, and use which on the effective + date of this ordinance complies with the applicable regulations governing permitted uses of the zoning district in which such building, structure, and use is located. USE, PRINCIPAL. The main use of land or building, as distinguished from a subordinate or accessory use. USE, SPECIAL. Any building, structure, and use which complies with the applicable regulations governing special uses. —12- -11— SECTION IV 1. Uses lawfully established on the effective date of this ordinance. 2. Permitted Uses as designated in Sections VI, VII, and VIII. 3. Special Uses. GENERAL PROVISIONS E. PROHIBITED USE OF LAND OR BUILDINGS No building or tract of land shall be devoted to any use other than A. INTERPRETATION one which is specified as a Permitted or Special Use in Sections VI, 1. In their interpretation and application the provisions of this ordin- VII, and VIII in the zoning district in which such building or Land is ante shall be held to be the minimum requirements for the pro- located. However, where a building permit for a building or structure motion of the public health, safety, morals and welfare. has been issued in accordance with law prior to the effective date of this ordinance, and where construction has been begun within six 2. Where the conditions imposed by any provision of this ordinance months of such effective date and diligently prosecuted to completion, upon the (a) use of land or buildings, (b) the bulk of buildings, (c) said building or structure may be completed in accordance with ap- floor area requirements, (d) lot area requirements, and (e) yard proved plans on the basis of which the building permit was issued; requirements are either more restrictive or less restrictive than and further, may upon completion be occupied under a certificate of comparable conditions imposed by any other provision of this _ occupancy by the use originally designated. ordinance or of any other law, ordinance, resolution, rule or regu- lation of any kind, the regulations which are more restrictive, or F. CONTROL OVER USE which impose higher standards or requirements shall govern. No, building or premises shall hereafter be used or occupied, and 3. This ordinance is not intended to abrogate any easement, coven- no building or structure,or part thereof, shall be erected, raised, moved, ant or other private agreement, provided that where the regulations reconstructed, extended, enlarged or altered, except in conformity with of this ordinance are more restrictive, or impose higher standards the regulations herein specified for the district in which it is located, or requirements than such easements, covenants or other private except as otherwise provided by law. agreements, the requirements of this ordinance shall govern. 4. No building, structure, or use not lawfully existing at the time of G. CONTROL OVER BULK the adoption of this ordinance shall become,or be made lawful All new buildings shall conform to the bulk regulations establish- solely by reason of the adoption of this ordinance; and to the ex- ed herein for the district in which each building is located. Further, tent that, and in,any manner that said unlawful building, structure no existing building shall be enlarged, reconstructed, structurally alter- or use is in con-flict with the requirements of this ordinance, said ed, converted or relocated in such a manner as to conflict, or to further building, structure or use remains unlawful hereunder. conflict with the bulk regulations of this ordinance for the district in which such building shall be located. B. SEPARABILITY It is hereby declared to be the intention of the President and the H. ACCESSORY BUILDINGS AND USES Board of Trustees of the Village of Oak Brook that the several provisions 1. Accessory uses shall be compatible with the principal use and shall of this ordinance are separable, in accordance with the following: not be established prior to the establishment of the principal use, 1. If any court of competent jurisdiction shall adjudge any provisions and shall not include the keeping, propagation or culture of of this ordinance to be invalid, such judgment shall not affect any pigeons, poultry, or livestock—whether or not for profit, except other provision of this ordinance not specifically included in said horses may be kept in districts where private stables are a permit- judgment. ted accessory use, Private swimming pools shall be permitted 2. If any court of competent jurisdiction shall adjudge invalid the accessory uses in any Residence District, provided they conform application of any provision of this ordinance to a particular prop- with the regulations of this ordinance and other applicable ordin- erty, building or other structure, such judgment shall not affect antes of the Village of Oak Brook. the application of said provision to any other property, building 2. No accessory building, unless it is structurally a part of the principal or structure not specifically included in said judgment. building, and unless it conforms with requirements of accessory buildings for special uses, shall be erected or altered at, nor moved C. BUILDING ON LOT _ to a location within ten feet of the nearest wall of the principal In Single-Family Residence Districts every single-family dwelling building, nor within the required area for front or side yard of the hereafter erected or structurally altered shall be located on a lot, and lot, as set forth for the district in which it is located. An accessory there shall not be more than one principal building on one lot. building in a rear yard shall be not less than five feet from any property line, except on corner lots an accessory building shall D. ALLOWABLE USE OF LAND OR BUILDINGS be not nearer than the required depth of the front yard along the The following uses of land or buildings are allowed in the districts property line adjoining a street. indicated hereinafter in-Sections VI, VII, and VIII under the conditions 3. No accessory building shall encroach upon that side yard of a specified in this ordinance. corner lot which is adjacent to the street, nor upon that side yard —13— —14— of a reversed corner lot which is adjacent to the street, nor upon not to exceed six feet in height on residential lots less than 220 the rear yard of a through lot. feet wide and two acres in area and eight feet in height on business 4. No accessory building shall have more than one story, nor exceed and manufacturing lots. Accessory buildings or structures may 17 feet in height, or exceed the height of the principal structure, occupy not more than 30 percent of, .a rear yard. In a B1, B3 or unless otherwise permitted as accessory to business and manufac- B4 District, an accessory building or structure shall not be permitted turing uses or to authorized special uses. within 20 feet of the rear property line that adjoins a residence district boundary line. I. SPECIAL USES Any yard which adjoins a street shall be considered a front yard. 1. To provide for the location of certain uses hereinafter specified K. YARDS, GENERAL which are deemed desirable for the public welfare within a given 1. The minimum yard space required for one structure shall not again district or districts, but which might have an adverse effect upon be considered as yard space for another adjoining structure. nearby properties or upon the character and future development 2. No lot shall be reduced in area so that the yards or other open of the district in which they are located, a classification of special spaces become less than required by this ordinance. uses is hereby established. Procedures for special uses are set p 3. On streets where afront-yard setback has been maintained for forth in Section X. 2. Where a use exists on the effective date of this ordinance, and it buildings exiting on lots or tracts having a frontage of 50 percent or more of the total frontage on one side of that portion of any is classified as a special use by said ordinance, it shall be considered lawful special use. Additions or alterations to existing street lying between two intersecting streets, there shall be main- to be tainee aforementioned existing buildings. d a front-yard setback of not less than the average setback buildings or land improvements for expansion of lawful special of uses may be made within the area of the lot included in the owner- th ship existing at the time of adoption of this ordinance, and they 4. On a vacant through or corner lot, either of the lot lines abutting a shall be subject to yard, floor area ratio, and building height re- street right-of-way line may be established as its front lot line, quirements set forth in this ordinance for permitted uses in the except that where two or more through lots are contiguous and districts in which they are located. a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such J. PERMITTED OBSTRUCTIONS — YARDS contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street. For the purpose,;of this ordinance the following shall not be con- sidered as obstructions when located in the yards indicated, but such L. FLOOD-PLAIN AREA obstructions shall be subject to applicable regulations contained else- In the continuous area, and three feet beyond such area adjacent where in this ordinance. to a stream, stream bed, or other natural drainage basin or channel, 1. In any yards: Chimneys, overhanging roof eaves, open terraces, whose elevation is equal to or lower than the flood-crest elevation, marquees, and awnings adjoining the principal building, provided including also any land of higher elevation having an elevation equal they do not exceed ten percent of the depth or width of the to or lower than the flood-crest elevation, no building or structure yard, ornamental light standards or flagpoles, and fences on resi- shall be erected with the elevation of a habitable floor, including a dential lots at least 220 feet wide and at least two acres in area. basement lower than three feet above the flood-crest elevation. The On any corner lot, permitted obstructions shall be not higher flood-crest elevation shall be the flood levels as established by the than 24 inches above curb level if located in that portion of a Village Engineer of Oak Brook on the effective date of this ordinance, required front or side yard situated within 25 feet of the lot corner or as may be subsequently established by the Village Engineer. formed by the intersection of any two street lines. 2. In front yards and side yards abutting a street: 1n 131, 83, and 134 Districts, accessory, open off-street parking spaces, except in that part of such yards located nearer than 40 feet from the lot line ' abutting a street. 3. In side yards: Except in a side yard abutting a street, open acces- sory off-street parking spaces and fences not to exceed six feet in — height on residential lots less than 220 feet wide and two acres in area. 4. In rear yards: Private garages or carports if attached or structurally a part of the principal building, or detached private garages or car- ports; open accessory off-street parking spaces; open off-street loading berths; accessory sheds, tool rooms, or other similar acces- sory buildings; private stables; recreational and laundry-drying equipment; private swimming pools; arbors and trellises; fences —15 —16— SECTION V D. ANNEXED TERRITORY Any additions to the incorporated area of the village resulting from disconnection by the county or otherwise shall be automatically ZONING DISTRICTS classified as in the R2 Single-Family Residence Districts unless otherwise classified by amendment to the ordinance. E. EXEMPTIONS A. ESTABLISHMENT OF DISTRICTS 1. The following public utility uses are permitted in any district: In order to carry out the purposes and provisions of this ordinance cables, conduits, vaults, laterals, pipes, mains, valves, any other The Village of Oak Brook is hereby divided into the following districts: similar distributing equipment, or outdoor telephone booths, pro- 1. Residence Districts vided that installation and location shall conform with this and other applicable ordinances. a. R2 Single-Family Residence District 2. The use of above-the-ground utility carriers, such as poles, is pro- b. Rl Single Family Residence District c. R1/z Single-Family Residence District hibited except when authorized as a special or temporary use. d. R'/4 Single-Family Residence District e. RG General Residence District 2. Business Districts a. Bl Local Shopping Center District b. B2 Regional Shopping Center District c. B3 Restricted Business District d. B4 General Business District 3. Manufacturing District M Limited Manufacturing District B. MAP The location and boundaries of the districts established by this ordinance are set forth on the "Oak Brook Zoning District Map, dated November 17, 1959" which is incorporated herein and hereby made a part of this ordinance. The said map together with everything shown thereon and all amendments thereto, shall be as much a part of this ordinance as though fully set forth and described herein. The said map shall be filed with the office of the Village Clerk and certified copies thereof in the office of the Building Inspector, and shall be open to public reference at all times during which those offices are open. C. BOUNDARIES OF DISTRICTS When uncertainty exists with respect to the boundaries of the various districts, as shown on the Oak Brook Zoning District Map, the following rules shall apply: 1. District boundary lines are either the center lines of highways, streets, alleys,easements or tract or lot lines, or such lines extended unless otherwise indicated. 2. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or high- way, the depth of such strips shall be in accordance with dimen- sions shown on the maps measured at right angles from the center line of a street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from center lines of streets or highways unless otherwise indicated. 3. Where a district boundary line divides a lot in single ownership, the regulations for: either portion of the lot may, in the owner's discretion, extend'"to the entire lot, but not more than 25 feet be- yond the boundary line of the district. —17— 18 SECTION VI B. R2 SINGLE-FAMILY RESIDENCE DISTRICT 1, Permitted Uses RESIDENCE DISTRICTS The following uses are permitted; a. Single-family detached dwellings. b. Accessory uses to the above permitted uses, including but not A. GENERAL REQUIREMENTS — ALL RESIDENCE DISTRICTS limited to offices for conduct of church functions in single- 1. Home occupations shall be permitted. family detached dwellings used as rectories or parsonages, and as an accessory to single-family detached dwellings; pri- 2. Signs vate stables, when such stables are located at least 150 feet a. Unilluminated nameplates are permitted subject to the follow- from the front lot line and 30 feet from a side and rear lot line. lowing regulations: - 2, Special Uses In R2, R1, RIA and RYA Districts a nameplate shall not ex- P teed 48 square inches in area, and shall indicate only the name The following uses are allowable special uses: or name and address of the occupant; there shall be not more a. Churches. than one such nameplate for each dwelling, provided that it b. Colleges and universities and uses accessory and incidental is affixed to the dwelling flat against the door, or an a wall thereto—but not colleges or trade schools operated for profit. adjacent thereto, or may be located elsewhere on an accessory c. Convents, monasteries, and seminaries. building or structure or piece of land within the boundaries of the lot. d. Growing of crops in the open, including also truck gardens and tree nurseries, provided that no livestock (other than per- In an RG District such a nameplate shall be permitted for mitted as an accessory use under paragraph 1-e, above), a single-family or two-family dwelling, but for a multiple- poultry, or pigeons are kept, and that no offensive odors or family dwelling a nameplate may not be more than three dusts are created; and further, that no sales are conducted square feet in area; such a nameplate may be affixed flat from a store erected or maintained on the premises. against the building, but not located higher than one story or e. Libraries, public. 20 feet above the curb level, whichever is lower. Such a f. Municipal recreational buildings and community centers. nameplate may also be located in a yard adjoining a street, provided pit; is not nearer to the street line than one-half the g. Outdoor recreation, private or pub., c, not operated for profit— depth of the yard and does not exceed four feet in height. such as: golf courses, but not miniature or Par 3 courses or b. Unilluminated "For Sale" and "For Rent" signs pertaining to commercially-operated driving ranges; equestrian sports, horse the sale or rent of the property where the sign is located are shows, and hunter trials; dog shows and field trials; hunt clubs; gun clubs; conservation clubs; fishing ponds; private permitted subject to the following. There shall be not more than one sign per lot, except that parks and playgrounds; and accessory buildings or structures on a corner lot two signs-one facing each street—shall be per- for accessory uses customarily incidental to such principal mitted. No sign shall exceed 12 square feet in area and be uses, including, but not limited to, stables, kennels, and club closer than eight feet to any side and rear lot line, nor closer houses, provided that accessory buildings and structures are to the front lot line than one-half the depth of the front yard. located not less than 150 feet from any property line of a Such a sign, when affixed flat against the building, shall not residential lot. project higher than one story or 20 feet above curb level, h. Parks and playgrounds—publicly-owned and operated. whichever is lower; and a ground sign shall not project higher i. Planned developments—each on a tract of land not less than than eight feet above ground grade. 80 acres in area, provided each lot designated as the site for c. Illuminated, non-flashing church-bulletin signs are permitted y a single-family dwelling shall be not less than one acre in subject to the following regulations. area or more than three acres in area; and that each lot less There shall be not more than one sign per lot, except on than two acres in area shall be at least 150 feet wide within a corner lot two signs—one facing each street—shall be per- the buildable area. mitted, provided that such a sign or signs shall be located on j. Schools, public, parochial, or private, boarding or non board the same lot as the principal church use. No sign shall ex- ing—elementary, junior high, high, or junior college. teed 16 square feet in area and be closer than eight feet to k. Temporary buildings and uses necessary for construction pur- any side and rear lot line, nor closer to the front lot line than poses for a period not to exceed one year. one-half the depth of the front yard. Such a sign, when I. Utility and public service uses including: affixed flat against the building, shall not project higher than (1) electric substations or distribution stations; one story ort20 feet above curb level, whichever is lower; and (2) fire stations; a ground sign shall not project higher than eight feet above (3) police stations; ground grade. —20- -19— (4) transit and transportation facilities, including shelters, 6. Building Height terminals, and parking areas. Not to exceed two and one-half stories or 30 feet, whichever is (5) telephone exchanges, micro-wave relay towers, and tele- lower. phone transmission-equipment buildings; 7. Front Yard (6) water filtration and sewage .treatment plants, pumping Not less than 40 feet in depth. stations, and reservoirs—municipally-owned and operat- 8. Side Yards ed; and Two side yards—each side yard not less than 18 feet in width, ex- (7) other public or private utility service uses. cept that on a corner lot a side yard adjoining a street shall be not 3. Lot Area less than 40 feet in width. Not less than two acres. 9. Rear Yard 4. Lot Width Not less than 60 feet in depth. Not less than 220 feet within the buildable area. 10. Off-Street Loading 5. Building Height Loading berths in accordance with provisions set forth in Section Not to exceed two and one-half stories or 30 feet, whichever is IX of this ordinance. lower. 11. Off-Street Parking 6. Ground Floor Area Per Dwelling Parking spaces in accordance with provisions set forth in Section a. One story dwellings—not less than 2,000 square feet. IX of this ordinance. b. Dwellings having more than.one story—not less than 1,500 square feet. D. R1/s SINGLE-FAMILY RESIDENCE DISTRICT 7. Front Yard Not less than 50 feet in depth. 1. Permitted Uses 8. Side Yards Those uses permitted in an R2 District. Two side yards—each side yard not less than 30 feet in width, ex- 2. Special Uses Those special uses allowed in an Rl District, except each planned cept on a corner lot a side yard adjoining a street shall be not less than 50 feet width. development may be on a tract of land 40 acres or more in area, 9. Rear Yard provided that each lot designated as the site for a single-family dwelling shall be not less than one-quarter acre in area or more Not less than 1;Q0 feet in depth. than three-quarter acre in area; and --that each lot less than one- 10. Off-Street Loading half acre in area shall be at least 100 feet wide within the build- Loading berths in accordance with provisions set forth in Section able area. IX of this ordinance. 3. Lot Area 11. Off-Street Parking Not less than one-half acre. Parking spaces in accordance with provisions set forth in Section 4. Lot Width IX of this ordinance. Not less than 100 feet within the buildable area. C. R1 SINGLE-FAMILY RESIDENCE DISTRICT 5. Ground Floor Area Per Dwelling 1. Permitted Uses a. One story dwellings—not less than 1,500 square feet. Those uses permitted in an R2 District. b. Dwellings having more than one story—not less than 1,000 2. Special Uses. square feet. Those special uses allowed in the R2 District, except that each 6. Building Height planned development may be on a tract of land 40 acres or more in Not to exceed two and one-half stories or 30 feet, whichever is area, provided that each lot designated as the site for a single-family lower. dwelling shall be not less than one-half acre in area or more than one 7. Front Yard and one-half acres in area; and that each lot less than one acre in area Not less than 40 feet. shall be at least 100 feet wide within the buildable area. T 8. Side Yards 3. Lot Area Two side yards, each side yard not less than 12 feet in width, ex- Not less than one acre. cept on a corner lot a side yard adjoining a street shall not be 4. Lot Width less than 40 feet in width. Not less than 150 feet within the buildable area. 9. Rear Yard 5. Ground Floor Area Per Dwelling Not less than 40 feet in depth. a. One story dwellings—not less than 1,800 square feet. 10. Off-Street Loading b. Dwellings having more than one story—not less than 1,250 Loading berths in accordance with provisions set forth in Section square feet. IX of this ordinance. —21-- —22— 11. Off-Street Parking (2) fire stations; Parking spaces in accordance with provisions set forth in Section (3) police stations; IX of this ordinance. (4) transit and transportation facilities, including shelters, terminals, and parking area's; E. RI/4 SINGLE-FAMILY RESIDENCE DISTRICT (5) telephone exchanges, micro-wave relay towers, and tele- 1. Permitted Uses phone transmission-equipment buildings; Those uses permitted in an R2 District. (6) water filtration and sewage treatment plants, pumping 2. Special Uses stations, and reservoirs—municipally-owned and operat- Those special uses allowed in an R1 District. ed; and 3. Lot Area (7) other public or private utility service uses. Not less than one-fourth acre. 3. Lot Area 4. Lot Width 1 a. Single-family detached dwellings—not less than 10,000 square Not less than 75 feet within the buildable area. feet. 5. Ground Floor Area Per Dwelling b. Two-family detached dwellings—not less than 7,500 square a. One story dwellings—not less than 1,170 square feet. feet per dwelling unit. b. Dwellings having more than one story—not less than 850 c. Single-family semi-detached and attached dwellings as follows: square feet. 6. Building Height Minimum Lot Area Per Dwelling g g in Square Feet Not to exceed two and one-half stories or 30 feet, whichever is Type of Single-Family Dwelling Semi-Detached Attached lower. 4 bedroom or more 5,000 4,000 7. Front Yard 3 bedroom 4,200 3,500 Not less than 40 feet in depth. 2 and 1 bedroom 3,600 3,000 8. Side Yards d. Multiple-family dwellings as follows: Two side yards, each side yard not less than 10 feet in width, ex- Minimum Lot Area Per Dwelling cept on a corner lot a side yard adjoining a street shall not be Type of Dwelling Unit in Square Feet less than 40 feet in width. 4 bedroom or more 4,000 9. Rear Yard 3 bedroom 3,500 Not less than 36`feet in depth. 2 bedroom - 3,000 10. Off-Street Loading 1 bedroom and efficiency 2,500 Loading berths in accordance with provisions set forth in Section 4. Lot Width IX of this ordinance. Measured within the buildable area: 11. Off-Street Parking (a) Single-family detached dwelling-75 feet. - Parking spaces in accordance with provisions set forth in Section (b) i Two-family detached dwelling-100 feet. IX of this ordinance. (c) Semi-detached single-family dwelling-40 feet per dwelling F. RG GENERAL RESIDENCE DISTRICT unit. 1. Permitted Uses (d) Attached single-family dwelling-24 feet per dwelling unit. a. Uses permitted in an R2 District. 5. Floor Area Ratio b. Single-family attached or semi-detached dwellings. Not to exceed 0.6. c. Two-family dwellings. d. Multiple-family dwellings. 6. Building Height e. Libraries, public. Not to exceed two stories or 30 feet, whichever is lower, for 2. Special Uses single-family detached, semi-detached, or attached, and two-family The following uses are allowable special uses. detached dwellings, The height of multiple-family dwellings in a. Churches. "� excess of 30 feet shall be limited only by the floor area ratio b. Hospitals. formula. c. Institutions for the aged and for children. 7. Front Yard d. Planned developments on tracts of land not less than eight Not less than 40 feet in depth. acres in area. e. Schools, private or parochial, boarding or non-boarding— 8. Side Yards nursery, elementary, junior high, hiqh, and junior college. Two side yards—each side yard not less than 10 feet in width, f. Utility and public service uses including: except on a corner lot a side yard adjoining a street shall be not (1) electric substations or distribution stations; less than 40 feet in width. —23— —24— 9. ;Rear Yard SECTION VII Not less than 40 feet in depth. 10. Yards, General BUSINESS DISTRi£TS Front, side, and rear yards, as heretofore required—shall be increased in depth or width by two feet for each additional one foot of building height over 30 feet. A. GENERAL REQUIREMENTS — ALL BUSINESS DISTRICTS 11. Off-Street Loading 1. All business, service, storage, merchandise, display, and where Loading berths in accordance with provisions set forth in permitted, repair and processing, shall be conducted wholly with- Section IX of this ordinance. in an enclosed building, except for.off-street automobile parking, off-street loading, and open-sales lots in districts where they are 12. Off-Street Parking permitted. Parking spaces in accordance with provisions set forth in 2. Goods sold shall consist primarily of new merchandise. Any goods Section IX of this ordinance. produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses. 3. Processes and equipment employed, and goods processed or sold, shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter or water-carried waste. B. B1 LOCAL SHOPPING CENTER DISTRICT 1. General Conditions a. Dwelling units are not permitted. b. Each business establishment is restricted to not more than 18,000 square feet of floor area. 2. Permitted Uses The following uses are permitted , a. Bakeries where not more than 50 percent of the floor area is devoted to processing, and not more than five persons are employed. b. Barber shops. c. Beauty parlors. d. Book and stationery stores. e. Candy and ice cream stores. f. Drug stores. g. Dry-cleaning and laundry-receiving establishments—provided that processing shall be done elsewhere. h. Flower shops. i. Food stores—grocery stores, meat markets, and delicatessens. j. Gift shops. k. Hardware stores. I. Laundries, automatic self-service type or hand—provided that laundry machines shall not exceed ten pounds capacity each, and not more than two persons are employed in addition to f one owner or manager. m. Libraries—branch. n. Newspaper offices—but not including printing. o. Offices—business, professional, and public. p. Post offices. q. Restaurants—when dancing or entertainment, other than music, is not provided. r. Temporary buildings for construction purposes for a period not to exceed one year. —25— —26— s. Variety stores. teed 120 square feet in area, nor display more than the name t. Accessory uses to the above permitted uses. and location of the shopping center. Such sign shall be set back at least half the required yard depth distance from each 3. Special Uses abutting street; its bottom edge; shall be at least eight feet The following uses are allowable special uses: above the level of the ground; and its overall height shall not a. Other business uses similar to permitted uses listed above. exceed 16 feet above the curb level. b. Clubs and lodges—private, fraternal, or religious. c. Electric and telephone substations and distribution centers. 9. Off-Street Loading Loading berths in accordance with provisions set forth in Sec- 4. Floor Area Ratio tion IX of this ordinance. Not to exceed 0.6. 10. Off-Street Parking 5. Front Yard Parking spaces in accordance with provisions set forth in Sec- Not less than 100 feet in depth. ,� tion IX of this ordinance. 6. Side Yards C. B2 REGIONAL SHOPPING CENTER DISTRICT On corner lots a side yard adjoining a street shall be not less 1. Permitted Uses than 100 feet in width; along a side lot line that coincides with The.following uses are permitted. the side lot line of a lot in an adjacent Residence District, the side a. Banks, yard shall be equal in dimension to the side yard required by this b. Barber shops and beauty parlors or similar personal service ordinance for the adjacent Residence District; and if side yards are shops. provided along side lot lines of other interior lots, they shall be c. Bowling alleys and structures accommodating recreational not less than five feet in width. activities. 7. Rear Yard d. Bus depots and cab stands. Not less than 40 feet in depth, except a rear yard which e. Candy, ice cream, or bakery shops or shops selling similar adjoins a Residence District boundary line shall be not less than commodities, where the commodities may be produced on a ad feet in depth. the premises; but all such production shall be either sold at retail on the premises or sold in stores owned and operated 8. Signs by the producing company. Non-flashing, but illuminated business signs with no moving f. Commercial schools—including music and dancing academies. parts, awnings, and marquees, are permitted subject to regulations g. Automobile service stations. set forth elsewhere in the ordinances of the Village of Oak Brook h. Hospitals—having not more than ten beds, and first-aid stations for the treatment of emergency cases. and the following: i. Hotels serving transient guests. a. The illumination of any exterior sign shall be only during busi- ness hours or 11:00 p.m.—whichever is later. Where a sign is Interior decorating shops. illuminated by a light reflected upon it, direct rays of light k. Job printing shops. shall not beam upon any part. of any existing. residential build- I. Laundries and dyeing and cleaning establishments operated svgs, nor into a Residence District, e into a street right-of- as an accessory to some other use or uses permitted by this way. A sign in direct line i vision of t traffic signal shall section, provided permits for the use of combustible and not . in red, green, or amber illumination. flammable materials are obtained from the Village Board. b. The gross surface area in square feet ti signs on a lot shall m. Self-service laundries, and shops for the collection and distri- not exceed three times the lineal feet of building frontage of Messenger of laundry and dry cleaning articles. the lot, and each side of a building which fronts upon a n. Messenger arid telegraph service stations. o. Offices. street shall be considered as a separate frontage. The gross surface area of all signs located on a side of a building front- p. Outdoor areas where outdoor merchandise, machinery or surface on a street shall not exceed three times the lineal feet t- equipment may be displayed and orders taken; but no regular delivery of large or heavy items shall be made therefrom. that side of the building. c. All signs shall be affixed flat against building walls or may . r Pet shops. project therefrom not more than 24 inches. r. Photographer, artist, or similar studios. d. No sign shall be painted, pasted, or similarly posted directly s. Post offices. n the surface of any building,. wall, or fence. t. Public garages, including new and used car sales rooms, pro- e. o sign shall.,:project higher than the building height or feet within that it used cars shall be sold or stored unless enclosed above the curb level, whichever is lower. within a buildinng, but this clause shall not prohibit the out- above a unified shopping center in single ownership or control, one door display of new cars. additional sign may be erected for it. The sign shall not ex- u. Radio or television broadcasting stations. —27— —28— v: . Restaurants, cocktail lounges and tea rooms. a Residence District, or into a street right-of-way. A sign in w. Retail stores and shops, including department stores. direct line of vision of a traffic signal shall not be in red, X. Sales and display rooms. green, or amber illumination. y. Service, cleaning, or repair shops for personal, household or b. There may be a total of not more than two free-standing garden equipment, or where such shops are operated as ac- ground signs on each of the boundary streets surrounding the cessory uses to other uses permitted by this section. shopping district located not less than 40 feet from any street z. Tailor or dressmaking shops. line; provided that none of such signs shall exceed a total aa. Temporary outdoor demonstrations and exhibitions or mer- area of 1,000 square feet on either side, and all of them shall chandise primarily for outdoor use, when specifically author be limited to advertising the shopping district, its merchan- dgn or services. ized by the Village Board. c. Signs may be attached to one or more facades or to the roof bb. Theaters, except open air drive-in theaters. cc. Utility and governmental service uses including electric and of any building, provided that they conform to the following telephone substations, water filtration plants, water pumping ` requirements. stations and reservoirs, sewage treatment plants, and other t (1) They shall not project more than 30 inches from any similar uses. 'I facade. (2) The total area of any sign attached to a facade or roof dd. Accessory buildings and uses customarily incidental to the T above uses; including storage and service areas within the shall not exceed two percent of the gross floor area in- structures, garages for delivery trucks, central heating and cluding basements, of the building to which such sign air conditioning plants, and storage areas, yards, shops, and is attached. similar facilities that are used solely for operating, servicing, (3) Such signs shall be limited to advertising the name of the or maintaining the activities and improvements within the store, its merchandise or services, or the shopping district District. Accessory buildings and uses shall also include as a whole. dwellings occupied by watchmen, janitors, maintenance and 5. Off-Street Loading similar employees engaged upon the premises; but no dwel- lings shall be erected for any other purpose. Loading berths in accordance with provisions set forth in Section IX of this ordinance. 2. Floor Area Ratio. 6. Off-Street Parking Not to exceed 0,5i Parking spaces in accordance wltN',.provisions set forth in 3. Yards Section IX of this ordinance. a. No building or structure, other than signs as provided for in D. B3 RESTRICTED BUSINESS DISTRICT paragraph 4(a) below, shall be erected or maintained within 300 feet of any boundary adjoining a major thoroughfare, nor 1. Permitted Uses within 80 feet of any other boundary; except that for a dis- a. Uses permitted in a B1 District. tance not to exceed 25 percent of the frontage along one or b. Hotels. more thoroughfares, the front-yard requirements shall be 80 C. Motels. feet. The area between the building and the boundary or d. Restaurants, where dancing and live entertainment may be street line may, however, be occupied by drives, vehicular provided. parking, sidewalks, landscaping, and similar facilities, except e. Accessory uses, including but not limited to cocktail lounges that paved areas shall not be located closer than 40 feet to for the sale of alcoholic beverages, as accessory to b, c, or d, any lot in a Residence District. above. b. For the purpose of interpreting and enforcing the yard regula- tions of this section, the entire area included within the B2 2. Floor Area Ratio District shall be considered as a single lot; more than one 'I Not to exceed 1.2. building or structure may, however, be erected thereon, and 3. Yards—Front, Side, and Rear the only front, side, and rear yards that need to be observed j are those provided for in paragraph 3(a) above. As in a B1 District. 4. Signs 4. Signs Business signs are permitted in accordance with the following a. As in a B1 District except F. regulations. b. One sign not affixed flat against the building walls may be erected; such sign not to exceed 120 square feet in area, a. Signs may have non-flashing or flashing illumination but con- nor display more than the name and location of the principal tain no movabt- exterior parts. Where a sign is illuminated by a light reflected upon it, direct rays of light shall not beam use on the lot, may be located in a front yard or a side yard upon any part of any existing residential buildings, nor into adjoining a street, if setback is not less than 40 feet from —30- -29— each abutting street. Its overall height'shall not exceed 16 ff. Furrier shops—including the incidental storage and condition- feet above curb level. ing of furs. gg. Garages, public—where body repair and painting are incident- 5. Off-Street Loading al accessory uses, but not includin_ automobile wrecking yards. Loading berths in accordance with provisions set forth in hh. Garages, storage. Section IX of this ordinance. ii. Garden supply and seed stores. 6. Off-Street Parking jj. Greenhouses and conservatories—retail sale of produce on the Parkin spaces in accordance with premises only, provided operation of heating plants conform Parking p provisions set forth in with applicable performance standards for the M Districts. Section IX of this ordinance. kk. Haberdasheries. E. B4 GENERAL BUSINESS DISTRICT II. Hobby shops—for retailing of items to be assembled or used away from the premises. 1. General Conditions mm. Hotels—including dining and meeting rooms, provided that Dwelling units and lodging rooms, other than those in a tran- business uses other than those which are commonly incidental sient hotel or motel, are not permitted. to a hotel business shall not occupy space fronting on a hotel hall or lobby. 2. Permitted Uses nn. Interior decorating shops--including upholstery and making a. Uses permitted in a B1 District. of draperies, slip covers, and other similar articles when con- b. Amusement establishments—including bowling alleys, gym- ducted as part of the retail operations and secondary to the nasiums, swimming pools, and skating rinks. principal use. c. Animal hospitals. oo. Jewelry stores—including watch repair. d. Antique shops. pp. Job printing shops—using presses having beds of not more e. Art and school supply stores. than 14 inches by 20 inches. f. Art galleries. qq. Kennels. g. Auction rooms. rr. Laboratories, small—medical, dental, or optical. h. Automobile accessory stores. ss. Laundries, retail—where not more than 2,500 square feet of i. Automobile service stations. floor space is devoted to processing, exclusive of office and j. Banks and ,financial institutions. storage space. ,X k. Bicycle stores—sales, rental, and repair. tt. Leather goods and luggage stores." L Blueprinting and photo-copying establishments. uu. Libraries. m. Building material sales—not including outside storage. vv. Liquor stores—retail sales. n. Camera and photographic supply stores. ww. Loan offices. o. Carpet and rug stores. xx. Machinery sales. p. Cartage and express facilities—providing storage of goods, yy. Mail order houses, motor trucks, or other equipment is in an enclosed structure. zz. Mail order service stores. q. Catering establishments, aaa. Meat markets—including the sale of meat and meat products r. China and glassware stores. to restaurants, hotels, clubs, and other similar establishments s. Clothes pressing establishments. when conducted as part of the retail business on the premises. t. Clothing and costume rental shops. bbb. Medical, dental, or optical clinics—including accessory labora u. Coin and philatelic stores. tories. V. Department stores. ccc. Millinery shops. w. Dry-cleaning establishments, retail—where not more than 2,500 ddd. Motels. square feet of floor area is devoted to processing, exclusive I eee. Motor vehicle and equipment sales. of office and storage space. 1 fff. Musical instrument sales and repair. X. Dry-goods stores. ggg. Office supply stores. y. Electric distribution centers, small. I hhh. Opticians and optometrists. z. Electrical and household appliance stores—including radio and iii. Orthopedic and medical appliance stores—not including the television sales. assembly or manufacture of such articles. aa. Employment agencies. bb. Feed stores. III• Paint and wallpaper stores. CC. Fire stations. kkk. Parking lots for passenger motor vehicles only. III. Pet shops. dd. Frozen food lockers. mmm. Photography studios—including developing and printing of ee. Furniture stogies—including upholstery when conducted as photographs, when conducted on the premises as a part of part of the retail operation and secondary to the principal use. the retail business. -31— —32— nnn. Physical culture and health services, gymnasiums, reducing 6. Signs salons, massage salons, and public baths. Non-flashing, but illuminated business signs with no moving 000. Picture framing—when conducted on the premises for retail parts, awnings and marquees, are permitted subject to regulations trade. set forth elsewhere in the,ordinances:=of the Village of Oak Brook ppp. Plumbing showrooms and shops. and the following: qqq. Police stations. a. The illumination of any exterior sign shall be only during rrr. Radio and television service and repair shops. business hours or 11:00 p.m.—whichever is later. Where a sss. Recording studios. sign is illuminated by a light reflected upon it, direct rays of ttt. Recreational buildings, community centers, and meeting halls, light shall not beam upon any part of any existing residential uuu. Restaurants—including live entertainment and dancing. buildings, nor into a Residence District, or into a street right- vvv. Schools, commercial or trade—provided that operations do not of-way. A sign in direct line of vision of a traffic signal shall involve danger of fire, explosion, nor objectionable standards not be in red, green, or amber illumination. of noise, vibration, smoke, dust, odor, glare, heat, or other b. The gross surface area in square feet of signs on a lot shall not nuisances. exceed three times the lineal feet of frontage of the lot, and www. Sewing machine sales and services—household machines only. each side of a lot which fronts upon a street shall be con- xxx. Shoe stores. sidered as a separate.frontage. The gross surface area of all yyy. Shoe and hat repair stores. signs located on a side of a lot fronting on a street shall not zzz. Sporting goods stores. exceed three times the lineal feet in that side of the lot. aaaa. Tailor shops. C. No sign shall project into a street right-of-way. bbbb. Taverns or cocktail lounges—where dancing or entertainment, d. Any sign located within three feet of a driveway, parking other than music, is not provided. area, or within 50 feet of the intersection of two or more cccc. Taxidermists. streets, shall have the lowest elevation at least 12 feet above dddd. Telegraph offices. the curb level. eeee. Telephone exchanges, micro-wave relay towers, and telephone e. No sign shall be painted, pasted, or similarly posted directly transmission-equipment buildings on the surface of any building, wall, or fence. ffff. Tobacco shops. f. No sign that is affixed to a building shall project higher than gggg. Toy shops. the building height or 30 feet above the curb level, which- hhhh. Travel bureaus and transportation ticket offices. ever is lower; and a sign not affixed=~.to a building shall project iiii. Typewriter rand adding machine sales and service establish- not higher than 16 feet above curkfIevel. ments. g. In a unified shopping center in single ownership or control, iiii• Undertaking establishments and funeral parlors. one additional sign may be erected for it. The sign shall not kkkk. Wearing apparel shops. exceed 120 square feet in area, nor display more than the IIII. Accessory uses to the above permitted uses. name and location of the shopping center. Such sign shall 3. Special Uses. be set back at least half the required yard depth distance from The following special uses are permitted: each abutting street; its bottom edge shall be at least eight feet above the level of the ground; and its overall height shall a. Special uses allowed in a B1 District, except such as are per- not exceed 16 feet above the curb level mitted in a B4 District. b. Automobile laundries. 7. Off-Street loading c. Open-sales lots. Loading berths in accordance with provisions set forth in Sec- d. Other service business uses. tion IX of this ordinance. e. Outdoor amusement establishments—fairgrounds, kiddie parks, g, Off-Street Parking Par 3 and miniature golf courses, golf driving ranges, and other similar amusement establishments. ' Parking spaces in accordance with provisions set forth in Sec- f. Stables—public. tion IX of this ordinance. g. Trailer sales or rental. 4. Floor Area Ratio Not to exceed 1.2. 5. Yards—Front, Side, and Rear As in a B1 District, except a front yard, or a side yard adjoin- ing a street, of not less than 25 feet may be provided for accessory business signs and for fuel pumps and poles for air and water hoses as a part of an automobile service station. —33— —34— SECTION VIII particulate matter, toxic or noxious matter, odors, fire and ex- plosive hazards, glare or heat, or vibration; and no use already established on the effective date of this ordinance shall be so MANUFACTURING DISTRICTS altered or modified as to conflict with such applicable perform- ance standards. The application for a building permit for a new establishment, or alteration or modification of an existing estab- A. GENERAL REQUIREMENTS lishment, shall be accompanied by a certification from a recognized testing laboratory. The recognized testing laboratory shall be 1. No lot, parcel or tract of land shall be used, and no building or approved by the Village Board. structure shall be erected, altered, or remodeled for any of the following uses: abatoirs; acid manufacture; arsenals; crematories; a. Performance Standards — Noise creosote treatment or manufacture fat rendering; fertilizer manu- Sound levels shall be measured with a sound level meter facture; fireworks or explosive manufacture or storage; dumping and associated octave band filter manufactured according to or reduction of garbage, dead animals, offal or refuse; ore reduc- standards prescribed by the American Standards Association. tion, petroleum processing or refining; pyroxylin manufacture; Measurements shall be made using the flat network of the synthetic polymers manufacture; gutta percha manufacture or treat- sound level meter. Impulsive type noises shall be subject to ment; salt works; sauerkraut manufacture; soap manufacture; the performance standards hereinafter prescribed, provided smelters; stock yard or slaughter of animals or fowls; tallow, grease that such noises shall be capable of being accurately measur- or lard manufacture or treatment; tanning, curing or storage of raw- ed with such equipment. Noises capable of being so measur- hides or skins; tar distillation or manufacture; cement concrete or ed, for the purpose of this ordinance, shall be those noises asphaltic concrete, mortar or plaster batch mixing plants; or junk which cause rapid fluctuations of the needle of the sound yards. level meter with a variation of no more than plus or minus 2. No activities involving the storage, utilization, or manufacture of two decibels. Noises incapable of being so measured, such materials or products which decompose by detonation shall be as those of an irregular and intermittent nature, shall be con- permitted, except such as are specifically licensed by the Village trolled so as not to become a nuisance to adjacent uses. of Oak Brook. Such materials shall include, but shall not be con At no point on the boundary of a Residence or Business fined to, all primary explosives such as lead azide, lead styphnate, District shall the sound intensity level of any individual oper- fulminates and tetrocene; all high explosives such as TNT, RDX, ation or plant (other than the operoon of motor vehicles or HMX, PETN and picric acid; propellants and components thereof other transportation facilities) exceed the decibel levels in the such as nitrocellulose, black powder, boron hydrides, hydrazine designated octave bands shown on the following table. and its derivatives; pyrotechnics and fireworks such as magnesium Maximum Permitted powder, potassium .chlorate and potassium nitrate; blasting ex- Octave Band Sound Level (decibels) plosives such as dynamite and nitroglycerine; unstable organic Along Along compounds such as acetylides, tetrazoles, perchloric acid, per (Frequency, Residence Business chlorates, chlorates, hydrogen peroxide in concentrations greater cycles, per District District than 35 percent; and nuclear fuels, fissionable materials, and pro- second) Boundaries Boundaries ducts and reactor elements such as Uranium 235 and Plutonium 239. 0 to 75 72 75 0 67 70 3. Within 500 feet of a Residence District boundary line, all activities 75 to 150 to 15 150 59 63 and operations shall be within completely enclosed buildings, or 300 to 600 52 57 may be out of doors if completely screened by a solid wall or uni 600 to 1,200 46 52 formly-painted fence at least eight feet in height and if there is no 1,200 to 2,400 40 45 open storage at a greater height than that of the enclosing fence, 2,400 to 4,800 34 40 except that off-street parking and off-street loading and unloading above 4,800 32 38 spaces may be located in accordance with requirements set forth in Section IX. b. Performance Standards—Smoke and Particulate Matter 4. No building or structure shall be erected or land used within 150 The emission of smoke or particulate matter in such man- feet of a Residence District boundary line, except open off-street ner or quantity as to endanger or to be detrimental to the parking and open off-street loading spaces may be located within public health, safety, comfort, or welfare is herebv declared this area in accordance with regulations hereinafter set forth in to be a public nuisance, and shall henceforth be unlawful. Section IX. For the purpose of grading the density of smoke the Ringel- 5. Any use establishedji-n a Manufacturing District hereafter shall be mann Chart, published and used by the United States Bureau operated in such a manner as to comply with applicable perform- of Mines, shall be employed. The emission of smoke or par- ance standards as hereinafter set forth governing noise, smoke, ticulate matter of a density greater than No. 2 on the Ringel- —35— —36— mann Chart is prohibited at all times, except as otherwise (b) all such buildings or structures shall be setback at least provided hereinafter. 40 feet from lot lines, or in lieu thereof, all such build- The emission from all sources within any lot area of par- ings or structures shall be protected throughout by an ticulate matter containing more than ten percent by weight of automatic sprinkler system_,(or a carbon dioxide system particles having a particle diameter larger than 44 microns is of equal protection) complying with installation standards prohibited. prescribed by the National Fire Protection Association; Dust and other types of air pollution, borne by the wind or if the materials, goods, or products are liquids, the from such sources as storage areas, yards, roads, and the like, protection thereof shall be in conformity with standards within lot boundaries, shall be kept to a minimum by appro- prescribed by the National Fire Protection Association. priate landscaping, paving, oiling, fencing, or other acceptable (3) The utilization in manufacturing processes of materials which means. Emission of particulate matter from such sources in produce flammable or explosive vapors or gases—as deter- excess of the weight limitation hereinafter specified is pro- mined for liquids by a closed cup flash point of less than hibited. 105 0F—shall be permitted in this district provided: (a) that the final manufactured product does not itself have Smoke a closed cup flash point of less than 187°F; The emission of more than eight smoke units per hour per (b) that the use and storage of such materials shall be in stack is prohibited, including smoke of a density in excess conformity with standards prescribed by the National of Ringelmann No. 2. However, during one one-hour Fire Protection Association and the requirements of other period in each 24-hour day, each stack may emit up to ordinances in the Village Code of Oak Brook; 16 smoke units when blowing soot or cleaning fires. Only (c) that the storage of more than 50,000 gallons of materials during fire-cleaning periods, however, shall smoke of or products having a closed cup flash point of less than Ringelmann No. 3 be permitted, and then for not more 105°F (exclusive of storage in underground tanks and than three minutes. exclusive of storage of finished products in original sealed C. Performance Standards—Toxic or Noxious Matter containers) is prohibited; and No use shall for an period of time discharge across the (d) that the storage of more than 100,000 gallons of materials y p ar a g or products having a closed cup flash point of less than boundaries of the lot wherein it is located toxic or noxious 187°F (exclusive of storage in. underground tanks and matter in such concentrations as to be detrimental to or en- exclusive of storage of finishalproducts in original seal danger the public health, safety, comfort, or welfare, or cause ed containers) is prohibited. injury or damage to property or business. d. Performance Standards—Odors f. Performance Standards—Glare or Heat Any operation producing intense glare or heat shall be The emission of odorous matter in such quantity as to be performed within completely enclosed buildings in such a readily detectable at any point along lot lines, or as to pro- manner as not to create a public nuisance or hazard along lot duce a public nuisance or hazard beyond lot lines is prohibit- lines. ed, as determined by the Building Inspector. g. Performance Standards—Vibration e. Performance Standards—Fire and Explosion Hazard No industrial operation or activityf(except those not under (1) The storage, utilization or manufacture of materials or the direct control of the manufacturer) shall cause at any time products ranging from incombustible to moderate burn- ground transmitted vibrations in excess of the limits set forth ing—as determined for liquids by a closed cup flash point below. Vibration (the periodic displacement, measured in of not less than 187°F—is permitted subject to compliance inches, of earth) shall be measured at any point along a Resi- with all other performance standards for the M District. dence District boundary line with a three component measur- (2) The storage, utilization or manufacture of materials or ing instrument approved by the.Building Inspector, and shall products ranging from free or active burning to intense be expressed as displacement in inches. burning—as determined for liquids by a closed cup flash Frequency Maximum Permitted Displacement point of less than 187°F but not less than 105°F—is per- (cycles per second) along Residence District Boundaries mitted subject to compliance with all other performance (in inches) standards for the M District, and provided the following 0 to 10 .0008 conditions are met: 10 to 20 .0005 (a) said mater,;ials or products shall be stored, utilized or pro- 20 to 30 .0002 duced within completely enclosed buildings or structures 30 to 40 .0002 having incombustible exterior walls; and 40 and over .0001 —37— ) —38— B. M LIMITED MANUFACTURING DISTRICT 6. Signs Business signs are permitted subject to regulations set 1. Permitted Uses forth elsewhere in the Municipal Code of Oak Brook and the a. Offices and financial institutions. following: b. Currency exchanges, a. Signs may have constant illumination, provided that a sign, C. Heliports—provided they conform with applicable Federal, located in direct line of vision of any traffic control signal, State, and other local governmental regulations. shall not have illumination of red, green, or amber colors. d. Manufacturing, fabricating, storing, cleaning, testing, assembl- Where a sign is illuminated, direct rays of light shall not beam ing, repairing, servicing, or research establishments, as de- upon any part of an existing residential building, or into a termined by operations conforming with the performance Residence District, or into a street. A sign shall not have mov- standards set forth under General Requirements of this section. ing parts or flashing illumination. e. Outdoor recreation, private or public—such as: equestrian b. The gross surface area in square feet of all signs on a lot sports, horse shows, and hunter trials; dog shows and field shall not exceed three times the number of lineal feet of the trials; hunt clubs; gun clubs; conservation clubs; tennis building frontage on the lot; and each side of the building ad- clubs; archery ranges; and accessory buildings or structures joining a street shall be considered a separate building customarily incidental thereto, including, but not limited to, frontage. stables, kennels, and club houses, provided that accessory Signs shall be affixed flat against the building walls or may buildings or structures are located not less than 150 feet from project therefrom not more than 24 inches, except one ground the property line of a residential lot. sign not less than 48 square feet in gross surface area, and f. Restaurants—including live entertainment and dancing and the not more than eight feet in height, may be erected in a front serving of alcoholic beverages. yard not less than 40 feet from the street line. - g. Utility and public service uses including: d. Signs affixed to a building wall shall not project higher than (1) electric substations; 35 feet above curb level nor higher than the building height, (2) electric distribution centers; whichever is lower, except a sign may be located upon a (3) railroad rights-of-way and passenger stations; chimney spire, tower, elevator penthouse, tanks, and similar (4) telephone exchanges, micro-wave relay towers, and tele- projections when specifically authorized by the Village Board. phone transmission-equipment buildings; (5) public,transportation facilities, including shelters, ter- 7. Off-Street Loading minalg ;"'parking areas, and service buildings; and Loading berths in accordancewith provisions set forth in (6) water filtration plants, sewage treatment plants, pump- Section IX of this ordinance. ing stations, and reservoirs. h. Wholesale establishments. 8. Off-Street Parking Parking spaces in accordance with provisions set forth in i. Accessory uses to the above permitted uses. Section IX of this ordinance. 2. Special Uses Planned developments, manufacturing—provided a plan- ned development is on a tract of land not less than 20 acres in area and under unified ownership or control. 3. Floor Area Ratio Not to exceed 0.8. 4. Building Height Not to exceed 35 feet above curb level. 5. Yards a, Front Yard Not less than 100 feet in depth. b. Side Yard Not less than 30 feet in width, except a side yard abutting a street shall be not less than 100 feet in width. c, Rear Yard No less than 40 feet in depth, except a rear yard abutting an alley or service drive may be reduced to 20 feet in depth. —39— —40— SECTION IX a. Auditoriums, banks, business and professional offices or pub- lic administration buildings, bowling alleys, hospitals, schools, colleges, sanitariums and similar institutional uses, hotels, or OFF-STREET LOADING AND OFF-STREET PARKING private clubs and lodges. For_a building containing 10,000 to 100,000 square feet of floc' area, one off-street loading berth. For each additional 100,000 square feet of floor area A. OFF-STREET LOADING or fraction thereof in such a building, one additional off-street There shall be provided off-street loading berths not less than loading berth. the minimum requirements specified in this section in connection with b. Manufacturing, fabricating, assembly, disassembly, warehous- any building or structure which is to be erected or substantially altered, ing, storing, cleaning, servicing, testing, and repairing estab- and which requires the receipt or distribution of materials or mer- lishments. For a building containing 5,000 to 20,000 square chandise by trucks or similar vehicles. feet of floor area, one off-street loading berth. For a build- 1. Location ing containing 20,000 to 50,000 square feet of floor area, two off-street loading berths, plus one additional off-street loading All required off-street loading berths shall be located on the berth for each additional 50,000 square feet of floor area or same lot as the use to be served, and no portion of the vehicle fraction thereof. shall project into a street or alley. In Manufacturing Districts, no C. Retail stores, furniture and appliance stores, household equip- loading berth for vehicles of more than two ton capacity shall be ment and furniture stores, repair shops, wholesale.stores, and located less than 100 feet from any Residence District boundary establishments handling the sale and consumption of food on line, nor shall it be located in a required front yard, side yard, or the premises. Off-street loading berths in accordance with side yard adjoining a street. the following schedule: 2. Size Square Feet of Minimum Number Unless otherwise specified in this ordinance, a required off- Floor Area of Off-Street Loading Berths 5,000 to 10,000 1 street loading berth shall be at least ten feet in width by at least 10,000 to 25,000 2 50 feet in length, exclusive of aisle and maneuvering space, and 25,000 to 40,000 3 shall have vertical clearance of at least 14 feet. 40,000 to 100,000 4 3. Access For each additional 100,000 square feet of floor area or frac- Each required off street loading berth shall be designed with tion thereof in such a building, cbe' additional off-street load- appropriate means of vehicular access to a street or alley in a man- ing berth. ner which will least interfere with traffic movements and shall be d. Theaters. For a building containing 8,000 to 50,000 square subject to approval of the Village Engineer of the Village of Oak feet of floor area, one off-street loading berth. For each Brook. additional 50,000 square feet of floor area or fraction thereof, 4. Surfacing one additional off-street loading berth. All open off-street loading berths shall be improved with a e. Other uses. Off-street loading berths shall be provided in ac- All g P cordance with requirements determined by the Building In- compacted macadam base not less than seven inches thick, or spector, based upon requirements heretofore set forth for the equal, surfaced with not less than two inches of asphaltic concrete most similar uses. or some comparable all-weather, dustless material, and shall be subject to approval by the Village Engineer of the Village of Oak B. OFF-STREET PARKING Brook. Any off-street parking space in connection with existing buildings 5. Repair and Service or structures, on the effective date of this ordinance, shall not be re- moved, enlarged, or altered, except in conformance with the require- No storage of any kind nor motor vehicle repair work or sery ments of this ordinance. ice of any kind shall be permitted within any required loading berth.. In connection with any building or structure which is to be erect- i ed or substantially altered, and which requires off-street parking spaces, 6. Space Allowed there shall be provided such off-street parking spaces in accordance Space allowed to any off-street loading berth shall not, while i „ with regulations set forth hereinafter. so allocated, be used to satisfy the space requirements for any off- 1. Use street parking facilities or portions thereof. Except as may be otherwise provided for the parking of trucks 7. Required Oft-Street Loading Berths. or for special uses, required accessory off-street parking. facilities, required as accessory to uses listed herein, shall be solely for the For the uses'herein listed, off-street loading berths shall be parking of passenger automobiles of patrons, occupants, or em- provided as specified. ployees. —41— -42— 2. Location yard and side yard adjoining a street, not less than 40 feet from Off-street parking spaces shall be located on the same lot as a street line. the use served. 9. Design and Maintenance 3. Computation a. Open and Enclosed Parking Spaces When determination of the number of off-street parking spaces Accessory off-street parking spaces located on the same required by this ordinance results in a requirement of a fractional lotus occupied by the use served may be open to the sky or space, any fraction of one-half or less may be disregarded, while enclosed in a building. Accessory off-street parking spaces, a fraction in excess of one-half shall be counted as one off-street located elsewhere than on the same lot occupied by the use, parking space. shall be open to the sky. 4. Collective Provisions for Non-Residential Uses b. Surfacing Off-street parking facilities for separate uses may be provided All open off-street parking areas shall be improved with collectively if the total number of spaces so provided is not less a compacted macadam base, or equal, not less than four inches than the sum of the separate requirements of each such use, and thick and surfaced with asphaltic concrete or comparable hard- if all regulations governing the location of accessory parking spaces surfaced, all-weather dustless material as approved by the in relation to the use served are observed. However, no off-street Village Engineer. parking space or portion thereof shall serve as the required C. Screening and Landscaping space for more than one use, unless otherwise authorized in ac- All open off-street parking areas containing more than cordance with this ordinance. four parking spaces shall be effectively screened on each side Repair and Service adjoining or fronting on any residential or institutional property 5. Re P by a wall or fence not less than five feet high or more than No motor vehicle repair work of any kind shall be permitted six feet high, or a densely planted, compact hedge not less in off-street parking areas. No gasoline or motor oil shall be sold than five feet in height; and wheelstops of masonry, steel, or in conjunction with any accessory parking facilities unless such heavy timber shall be placed not nearer than five feet from facilities are located within a completely enclosed building, in the street line in districts where a front yard is not required which case gasoline and motor oil may be sold within such build- or from side lot lines. ing to the users of such facilities, provided that no advertising sign d. Lighting is visible from outside the bujlding, and provided further that all Illumination of an off-street parJrsg area shall be arranged gasoline pumps"-shall be effectively screened from view of the so as not to reflect direct rays of light into adjacent residential street. districts and streets. All lighting shall be extinguished no b. Size later than 30 minutes after the close of business of the use A required off-street parking space shall be at least nine feet being served, except as may otherwise be authorized by the in width and at least 20 feet in length, exclusive of access drives, Zoning Board of Appeals. aisles, ramps, columns, and office or work area. Such space shall have vertical clearance of at least seven feet. 10. Required Spaces 7. Access a. Except in the B2 Regional Shopping Center District, off-street park- Each required off-street parking space shall open directly upon ing spaces accessory to designated uses shall be provided as an aisle or a driveway of such width and design as to provide safe l follows; and efficient means of vehicular access to such parking space. (1) Single-Family Dwellings All off-street parking facilities shall be provided with appro- At least one off-street parking space for each dwelling, priate means of vehicular access to a street, alley, or driveway in but no more than four off-street parking spaces for each single- a manner which will least interfere with traffic movements. family dwelling. A parking area containing four or more off-street parking (2) Two-Family Dwellings spaces shall have vehicular access to it over a street, alley, or drive- At least one off-street parking space for each dwelling unit. way containing all-weather, hard-surfaced pavement, and the Iota- (3) Multiple-Family Dwellings tion and route of access to such parking area shall be identified. At least one off-street parking space for each dwelling unit. No driveway across public property shall have a width exceeding .. 4 (4) Hotels and Apartment Hotels 24 feet, exclusive of curb, returns. At least one off-street parking space for each two separate 8. In Yards rooms, and one off-street parking space for each two suites of Off-street parkirg spaces may be located in rear or side yards, more than one room. except a side yardadjoining a street; and in B1 and B3 Districts (5) Private Clubs and Lodges open off-street parking spaces may also be located in a front i At least two off-street parking spaces, plus one off-street —43— —44— parking space for each seven seats, in accordance with design (19) Banks capacity of the main meeting room. At least one off-street parking space for each 300 square (6) Motels feet of floor area. At least one off-street parking space for each lodging room (20) Business and Professional Officos or Public Administration and for each accessory dwelling unit. Buildings (7) Schools, Elementary or Junior High—Public or Private At least one off-street parking space for each 500 square At least one off-street parking space for each two faculty feet of floor area. members or other full-time employees. (21) Automobile Service Stations (8) Schools, High—Public or Private At least one off-street parking space for each employee, At least one parking space for each seven students, as plus two off-street parking spaces for each service stall. related to the maximum student capacity of the building. (22) Furniture and Appliance Stores, Motor Vehicle Sales, Whole- (9) Churches sale Stores, Stores for Repair of Household Equipment or At least one off-street parking space for each five seats or Furniture each 90 inches of seating space in the main auditorium. At least one off-street parking space for each 600 square (10) School and Institutional Auditoriums feet of floor area. At least one off-street parking space for each two persons (23) Undertaking Establishments and Funeral Parlors employed on the premises, and an additional off-street parking At least ten off-street parking spaces for each chapel or space for each five seats or each 90 lineal inches of seating parlor, plus one off-street parking space for each funeral space in the main auditorium or assembly hall. vehicle maintained on the premises. (11) Theaters (24) Retail Stores At least one off-street parking space for each five seats in At least one off-street parking space for each 150 square the theater. feet of floor area. (12) Hospitals (25) Manufacturing, Fabricating, and Processing Plants not Engaged At least one off-street parking space for each three hos- in Retail Trade pital beds, plus one off-street parking space for each four At least one off-street parking space for each two em- employees other than doctors, plus one parking space for each ployees employed on the premises during the maximum em- two docto(�s.:essigned to the staff. ployment period: (13) Libraries and Museums (26) Warehouse and Storage Establishments At least one off-street parking space for each 1,000 square At least one off-street parking space for each employee feet of floor area, on the premises during the maximum employment period. (14) Recreational Buildings or Community Centers (27) Other Uses At least one off-street parking space shall be provided for Off-street parking spaces on the same basis as required each three employees, plus spaces in adequate number as herein for the most similar use as determined by the Building determined by the Building Inspector to serve the visiting Inspector. public. b. In the B2 Regional Shopping Center District, off-street parking (15) Medical and Dental Clinics or Offices spaces shall be provided as follows: At least four spaces for each examining or treatment room, (1) Where the B2 District contains a gross area of 40 acres or less, plus one for each doctor and employee in the building. the area for vehicular parking shall not be less than two and (16) Public Utility and Public Service Uses one-quarter times the gross floor area of any or all structures At least one off-street parking space for each three em- erected, or land used, for the purposes permitted in such dis- ployees, plus additional off-street parking spaces in adequate tricts. number as determined by the Building Inspector to serve the (2) Where the B2 District contains a gross area of more than 40 visiting public. i acres and less than 60 acres, the area for vehicular parking (17) Establishments Handling the Sale and Consumption on the shall not be less than one and seven-eights times the gross Premises of Food and Refreshment. floor area of any or all structures erected, or land used, for At least one off-street parking space for each 150 square a: the purposes permitted in such districts. feet of floor area. (3) Where the B2 District contains a gross area of 60 acres or more, (18) Bowling Alleys the area for vehicular parking shall not be less than one and At least seven off-street parking spaces for each alley, plus one-half times the gross floor area of any and all structures such addition6f off-street parking spaces as may be required j erected, or land used, for the purposes permitted in such herein for affiliated uses such as restaurants and the like. districts. —45— —46- I SECTION X D. RESTRICTIONS ON NON-CONFORMING BUILDINGS, STRUCTURES AND USES THEREOF NON-CONFORMING BUILDINGS, STRUCTURES Any lawfully existing building or structure which does not con- form with the regulations of the district in"which it is located shall be AND USES subject to the provisions of this subsection. 1. Repairs and Alterations A. STATEMENT OF PURPOSE Ordinary repairs and alterations may be made to a non-con- The purpose of this section is to provide for the regulation of non- forming building or structure provided that no structural alterations conforming uses, buildings and structures, and to specify those circum- shall be made in or to such building or structure, all or substan- stances and conditions under which those non-conforming buildings, tially all of which is designed or intended for a use not permitted structures and uses shall be gradually eliminated upon reaching the in the district in which it is located, except those required by law, end of their respective normal useful life, in accordance with the or except to make the building or structure and use thereof con- authority granted by Illinois Revised Statutes, 1957, Chapter 24, Sec- form to the regulations of the district in which it is located. For tion 73-1. the purpose of this section, ordinary repairs shall include the re- B. AUTHORITY TO CONTINUE NON-CONFORMING BUILDINGS STRUC- placement of storage tanks where the safety of operation of the installation requires such replacement. TURES AND USES Any non-conforming building, structure or use which existed law- 2. Additions and Enlargements fully at the time of the adoption of this ordinance and which remains A non-conforming building or structure which is non-conform- non-conforming, and any such building, structure or use which shall ing as to bulk, or all or substantially all of which is designed or become non-conforming upon the adoption of this ordinance or of any intended for a use not permitted in the district in which it is subsequent amendment thereto, may be continued-some indefinitely, located, shall not be added to or enlarged in any manner unless others for specified and respective periods of time—subject to the such non-conforming building or structure and use thereof, in- regulations which follow. cluding all additions and enlargements thereto, is made to conform C. EXEMPTED BUILDINGS, STRUCTURES AND USES to all the regulations of the district in which it is located. No building, structure or use lawfully established on the effective 3. Moving date of this ordinance shall be subject to the amortization provisions No building or structure which doe hot conform to all of the of this section solely by reason of being non-conforming with respect regulations of the district in which it is located shall be moved to the standards prescribed in the ordinance for any of the following: in whole or in part to any other location unless every portion of 1. Floor area ratio such building or structure is moved, and the use thereof is made 2. Yards—front, side, rear, or transitional to conform to all regulations of the district into which it is moved. 3. Lot area per dwelling unit 4. Lot width A. Restoration of Damaged Non-Conforming Building 5. Ground floor area per dwelling A building or structure, all or substantially all of which is de- 6. Gross floor area signed or intended for a use which is not permitted in the district 7. Building height in which it is located, and which is destroyed or damaged by fire 8. Off-street parking or off-street loading spaces or other casualty or act of God to the extent that the cost of restora- 9. Performance standards tion to the condition in which it was before the occurence will No building, structure or use lawfully established on the effective exceed 50 percent of the cost of restoration of the entire building date of this ordinance and located in any Manufacturing District shall or structure new, shall not be restored unless said building or be subject to the amortization provisions of this section. No building, structure and the use thereof shall conform to all regulations of structure or use located in a Business District shall be subject to the the district in which it is located. In the event that such damage amortization provisions of this ordinance if it is a permitted building, or destruction is less than 50 percent of the cost of restoration of structure or use in any Business District, except as provided for else- the entire building or structure new, no repairs or reconstruction where in this ordinance. shall be made unless such restoration is started within one year No dwelling lawfully existing on the effective date of this ordin- from the date of the partial destruction and is diligently prosecuted ance shall be subject to the amortization provisions of this section. to completion. For the purposes of this section a building or structure lawfully 5. Discontinuance of Use of Non-Conforming Building or Structure constructed or established on the effective date of this ordinance shall A building, structure, or portion thereof, all or substantially be deemed to include any building or structure for which a building permit has been lawfu ly issued prior to such date, and on which con- all of which is designed hi intended fora use which is not per- permit is begun within the required period of time as set forth in meted in the district in which it n located, and which is vacant vacant this ordinance. the effective date of this ordinance or thereafter becomes vacant —47— —48— and remains unoccupied, or is not used for a continuous period b. As Valuation at least $2,000, but not more than $5,000* of 180 days, shall not thereafter be occupied or used except by a 8 years from date of building permit or 4 years from use which conforms to the use regulations of the district in which effective date of this ordinance—whichever last occurs. it is located, c. Assessed Valuation under $2,000::* 4 years from date of building permit or 2 years from 6. Expansion of Use in Non-Conforming Building or Structure effective date of this ordinance—whichever last occurs. The non-conforming use of a part of a building or structure * On the effective date of this ordinance. may be expanded within the building or structure in which said The non conforming use of a building or structure shall use is presently located, but no changes or structural alterations be terminated at the end of the amortization period for said shall be made unless such changes or structural alterations and the use thereof conform to all the regulations of the district in which building or structure, as set forth in this paragraph 8, and the building or structure is located. shall not thereafter be operated on the premises. 7. Change of Use in Non-Conforming Building or Structure E. CONDEMNATION OF NON-CONFORMING BUILDINGS The non-conforming use of a building or structure may be AND STRUCTURES changed to a use permitted in the district in which the building 1. The Village of Oak Brook, at any time and from time to time, by or structure is located, or to a use permitted in a more restrictive ordinance duly enacted and in accordance with the authority vested district; but no change shall extend or otherwise modify any pro- in it by Illinois Revised Statutes, 1957, Chapter 24, Section 73-11, vision made in this ordinance for elimination of such non-con- (a) may acquire by purchase, condemnation or otherwise any forming building or structure and the use thereof. For the purpose buildings or structures which do not conform to the standards fixed of this subsection only the R2 District shall be considered the most by the corporate authorities of the Village of Oak Brook pursuant restrictive and the M District the least restrictive district. to Illinois Revised Statutes, 1957, Chapter 24, Section 73-1, and 8. Elimination of Non-Conforming Buildings and Structures all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or In Residence Districts any building or structure, all or sub- structure, (b) may remove or demolish all such substandard build- stantially all of which is designed or intended for a use permitted ings and structures so acquired, (c) may hold and use any remain- only in a Business or Manufacturing District, shall be removed or ing property for public purposes, and (d) may sell, lease or ex- it shall be altered, remodeled or converted to a building or struc- change such property as is not required=,for public purposes, sub- ture designed ;for a use permitted in the district in which it is ject to the provisions of this ordinance dr_-any amendment thereto. located within six months after the termination of the respective 2. No such acquisition by condemnation shall be made until such time periods of time set forth hereafter which are fixed as the normal as the Plan Commission, at the request of the President of the useful life of said buildings and structures. Board of Trustees, or upon its own initiative, shall have made a In B1 Districts any building or structure, all or substantially study of the area within which such non-conforming building or all of which is designed or intended for a use permitted only in structure is located and shall have filed a written report on such B2, B3, B4, or M Districts shall be removed or it shall be altered, study with the President of the Board of Trustees. remodeled, or converted to a building or structure designed for a use permitted in the district in which it is located within six F. NON-CONFORMING USE OF BUILDINGS OR STRUCTURES months after the determination of the respective periods of time The lawfully existing non-conforming use of part or all of a build- set forth hereafter which are fixed as the normal useful life of ing or structure, all or substantially all of which building or structure said buildings and structures. is designed or intended for a use permitted in the district in which a. Assessed Valuation More Than $5,000* it is located, may be continued, subject to the following provisions. In accordance with the types of construction classifications 1. Expansion of Non-Conforming Use set forth in the Basic Building Code of the Building Officials The non-conforming use of a part of a building or structure, all Conference of America, Inc., 1955 Edition. (1) T��pe t Fireproof Construction and Type 2 Non•Combus- or substantially all of which building or structure is designed or tible Construction intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such 40 years from date of building permit or 25 years from building or structure, nor changed to any other non conforming use. effective date of this ordinance—whichever last occurs. (2) Type 3 Exterior Masonry Wall Construction 2. Discontinuance 3e years from date r building permit or 20 years From If a non-conforming use of a building or structure, all or sub- 30 date of this ordinance—whichever last occurs. tantially all of which building or structure is designed or intended (3) Type 4 Frame Construction for a use permitted in the district in which it is located, is discon- tinued for a period of 90 days, it shall not be renewed; and any effective date of this ordinance—whichever last occurs. subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located. _49— —50— 3. Change of a Non-Conforming Use SECTION XI No non-conforming use shall be changed to another non-con- forming use when such non-conforming use is located in a building or structure, all or substantially all of which building or structure ADMINISTRATION, is designed or intended for a permitted use. 4. Elimination of Non-Conforming Use A. CERTIFICATES AND OCCUPANCY PERMITS In all Residence Districts any use which lawfully exists at the adoption of this ordinance, but it permitted only in a Business or 1. Zoning Certificates District and which is located in a building, all or No permit pertaining to the use of land or buildings shall be Manufacturing Di substantially all s which is designed or intended for a residential issued unless the Building Inspector has certified after examination that it complies with all provisions of this ordinance. purpose, shall be entirely discontinued, and shall thereafter cease operation within five years from the date of adoption of this 2. Occupancy Permits ordinance. No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part G. NON-CONFORMING USE OF LAND for any purpose whatsoever until a certificate of occupancy shall The non-conforming use of land not involving a building or struc- have been issued by the Building Inspector stating that the build- ture, or in connection with which any building or structure thereon is ing complies with all the building and health laws and ordinances incidental or accessory to the principal use of the land, may be continued and with the provisions of these regulations. No change of use subject to the following provisions. shall be made in any building or part thereof now or hereafter 1. Expansion erected or altered without a permit having been issued by the A non-conforming use of land shall not be expanded or ex- Building Inspector, and no permit shall be issued to make such tended beyond the area it occupies. change unless it is in conformity with the provisions of this or- dinance and amendments thereto. Nothing in this section shall prevent the continuance of the If a non-conforming use of land is discontinued for a period present occupancy or use of any existing building, except as may of six consecutive months, it shall not thereafter be renewed, and be necessary for the safety of life and property. . any subsequent use of land shall conform to the regulations of the Certificate for occupancy and compliance shall be applied for district in which_fhe land is located. coincident with the application for a bu:ki ling permit and shall be 3. Change of Use issued within 10 days after the erection or alteration of such A non-conforming use of land shall not be changed to any building has been completed. A record of all certificates shall be other use except to a use permitted in the district in which the land kept on file in the office of the Building Inspector and copies shall is located, be furnished on request to any person having proprietary or ten- ancy interest in the building affected. A fee of $2.00 shall be charged for each original certificate and 50c for each copy thereof. The non-conforming use of land shall be discontinued and cease in accordance with the following, except that in R2,.R1, R'/2, B. DUTIES OF THE BUILDING INSPECTOR and R1/4 Districts allowable term shall be reduced by 50 percent. The Building Inspector of the Village of Oak Brook, or other offici- a. Where no buildings or structures are employed in connection als that have been or shall be duly appointed by the Village Board, shall with such use, discontinued within one year. enforce this ordinance, and in addition thereto, and in furtherance of b. Where the only buildings or structures or other physical im- said authority shall provements employed are accessory or incidental to such use 1. issue all certificates of occupancy and make and maintain records and have an assessed valuation of not more than $2,000*, dis- thereof; continued within two years. 2. conduct inspections of buildings, structures, and uses of land, to c. Where the improvements, underground or substantially at determine compliance with the terms of this ordinance; ground level, which comprise all or substantially all of the 3. maintain permanent and current records of the ordinance, includ improvements employed in a non-conforming use of land, ing, but not limited to, all maps, amendments, special uses, vari- and which have an assessed valuation of more than $2,000*, ations, appeals, and applications therefore; discontinued within five years. 4. receive, file, and forward to the Village Clerk all applications for d. Where a non-conforming use of land is accessory to the non- special uses or petitions for amendments to this ordinance which conforming use of a building or structure, discontinued on may be filed initially in the office of the Building Inspector; the same date on which the non-conforming use of the build- 5. receive, file, and forward to the Zoning Board of Appeals copies ing or structuro':is discontinued. of all applications for appeals, variations, and other matters on which the Zoning Board of Appeals is required to pass under this * On the effective date of this ordinance. ordinance; —51— —52— it is authorized by this ordinance to render a decision. The 6. provide such clerical and technical assistance as may be required Zoning Board of Appeals shall make no recommendations ex- by the Zoning Board of Appeals in the exercise of its duties; and cept in a specific case and after public hearing. 7. file a report with the Village President and a copy to the Village e. The Zoning Board of Appeals is hereby designated as the Board of Trustees relative to findings of the Building Inspector on proper commission or committee`to post public notices as all reports of zoning violations made to him by a citizen, village required by statute and this ordinance pertaining to special employee, or village official. uses and proposed amendments to the regulations imposed C. ZONING BOARD OF APPEALS and the districts created by the Zoning Ordinance of the 1. Creation and Procedure Village of Oak Brook, and to make a written report and recom- mendation to the Village Board on any such proposed amend- a. There is hereby established a Zoning Board of Appeals for ments or special uses. the Village of Oak Brook; said Board shall consist of seven members to serve respectively for the following terms: one 2. Jurisdiction and Authority for one year; one for two years; one for three years; one for The Zoning Board of Appeals is hereby invested with the fol- four years; one for five years; one for six years; and one for lowing jurisdiction and authority. seven years. The successor to each member so appointed to a. to hear and decide appeals from any order, requirement, de- serve for a term of five years. cision, or determination made by the Building Inspector under b. All appointments to the Zoning Board of Appeals shall be this ordinance; made by the Village President, subject to the approval of the b. to hear and decide variations from the terms provided in this Village Board of Trustees. One of the members so appointed ordinance in the manner and subject to the standards set forth shall be named as Chairman at the time of appointment. The in this section; Village President, subject to approval by the Village Board of c. to hold public hearings in matters pertaining to applications Trustees, shall have the power to remove after a public hear- for special uses and amendments, and submit reports to the ing, any member of the Zoning Board of Appeals for cause. Village Board setting forth its findings and recommendations Vacancies shall be filled as soon as possible for the unexpired in the manner prescribed in this section for special uses and term of any member whose place has become vacant. In the amendments; and event that the office of Chairman is vacated for any reason, d. to hear and decide all matters referred to it or upon which the Village President shall immediately appoint at his option, it is required to pass under this ordinance. either one of the remaining members on the Board, or any member wk fl is appointed to fill such vacancy on the Board D. APPEALS =~ as the new Chairman. Such appointment shall be subject to 1. Authority the approval of the Village Board of Trustees at its next The Zoning Board of Appeals shall hear and decide appeals scheduled meeting. from an administrative order, requirement, decision, or determina- c. All meetings of the Zoning Board of Appeals shall be held at I tion made by the Building Inspector or other authorized officials e. the call of the Chairman and at such other times as the Board I the Village of Oak Brook, relating to regulations of this ordinance. may determine. All testimony by witnesses at any hearing 2. Initiation provided for in this zoning ordinance shall be given under An appeal to the Board of Appeals may be taken by any per- oath. The Chairman, or in his absence the acting Chairman, a. . may administer oaths and comoel the attendance of witnesses. son aggrieved or by any officer, department, board, or bureau All meetings of the Board shall be open to the public, at which of the municipality. The appeal shall be taken within such time as shall be prescribed by the Board of Appeals by a gen- time every person has the right to be heard or to be repre- 'd eral rule by filing with the officer from whom the appeal is sented by a duly authorized agent or attorney. The Boar shall keep minutes of its proceedings, showing the vote rd I taken and with the Board of Appeals a notice of appeal, speci- each member upon every question, or if absent or failing to fying the grounds thereof. The officer from whom the appeal vote, indicating that fact, and shall also keep records of its is taken shall forthwith transmit to the Board all the papers examinations and other official actions. In every case the constituting the record upon which the appeal action is taken. Board shall include in its official report the reasons a request b. An appeal stays all proceedings in furtherance of the action fora variation is denied. Every rule, regulation, every amend- appealed from, unless the officer from whom the appeal is taken certified to the Board of ment or repeal thereof, and every order, requirement, decision, Appeals, after the notice of appeal has been filed with him,, or determination of the Board shall immediately be filed in that by reason of facts stated t in the certificate a stay would, in his opinion, cause imminent he office of the Village Clerk and shall be of public record. d. The concurring vote of four members of the Zoning Board peril to life or property. In this event the proceedings shall not be stayed otherwise of Appeals shall be necessary to reverse any order, require- than by a restraining order which may be granted by the ment, decision' ecision or determination of the Building Inspector or Board of Appeals or by a court of record on application and to decide in favor of the applicant on any matter upon which —54- -53— on notice to the officer from whom the appeal is taken, and 4, Decisions on due cause shown. All final administrative decisions and findings of the Zoning 3. Processing Board of Appeals on variations arrived at after the hearing shall a. An appeal shall be filed with the Village Clerk. The Village be final and subject to judicial review":only in accordance with ap- Clerk shall forward the appeal to the Zoning Board of Appeals plicable Statutes of the State of Illinois. for processing in accordance with the statutes of the State of Illinois. 5. Standards b. The Board of Appeals shall fix a reasonable time for the hear- a. The Zoning Board of Appeals shall not vary the provisions of ing of the appeal and give due notice thereof to parties and this ordinance as authorized in this section unless it shall have shall decide the appeal within reasonable tirne. The Board made findings based upon the evidence presented to it in the of Appeals may reverse or affirm, wholly or partly, or may following specific cases: modify the order, requirement or decision or determination (1) that the property in question cannot yield a reasonable as in its opinion ought to be made on the premises and to return if permitted to be used only under the conditions that end has all the powers of the officer from whom the allowed by the regulations governing the district in which appeal is taken. it is located; 4. Decisions (2) that the. plight of the owner is due to unique circum- All decisions, after hearing of the Zoning Board of Appeals stances; or on appeals from an administrative order, requirement, decision, or (3) that the variation, if granted, will not alter the essential determination of the Building Inspector,or other authorized official character of the locality. of the Village of Oak Brook, shall, in all instances, be final ad- b. For the purpose of supplementing the above standards, the ministrative determinations and shall be subject to judicial review Zoning Board of Appeals, in making this determination when- only in accordance with applicable Statutes of the State of Illinois, ever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following E. VARIATIONS facts, favorable to the applicant, have been established by 1. Authority the evidence: The Zoning Board of Appeals shall decide variations of the (1) that the particular physical surroundings, shape, or topographical conditions of the`-specific property involved provisions of this ordinance in harmony with its general purpose would bring a particular hardship upon the owner as and intent, and shall vary them only in the specific instances here- distinguished from a mere inconvenience if the strict inafter set forth where the Zoning Board of Appeals shall have letter of the regulation were to be carried out; made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hard- (2) that the conditions upon which the petition for variation is based would not be applicable generally to the other ship in the way of carrying out the strict letter of the regulations property within the same zoning classification; of this ordinance. (3) that the purpose of the variation is not based exclusively 2. Initiation upon a desire to make more money out of the property; An application for a variation may be made by any person, (4) that the alleged difficulty or hardship has not been creat- firm, or corporation or by any office, department, board, bureau, ed by any person presently having an interest in the or commission, requesting or intending to request application for ! property; a zoning certificate. (5) that the granting of the variation will not be detrimental 3. Processing to the public welfare or injurious to other property or improvements in the neighborhood in which the property An application for a variation shall be filed with the Village is located; or Clerk. The Village Clerk shall forward such application to the (6) that the proposed variation will not impair an adequate Zoning Board of Appeals for processing in accordance with ap- supply of light and air to adjacent property, or substan- plicable Statutes of the State of Illinois. tially increase the danger of fire, or otherwise endanger No variation shall be made by the Board of Appeals except the public safety, or substantially diminish or impair after a public hearing before the Board of Appeals, of which there property values within the neighborhood. shall be a notice of time and place of the hearing published at c. The Zoning Board of Appeals may require such conditions and least once not more than 30 nor less than 15 days before the hear- restrictions upon the premises benefited by a variation as may ing—in one or more newspapers with a general circulation within be necessary to comply with the standards set forth in this Oak Brook; and a written notice is served at least 15 days before section to reduce or minimize the injurious effect of such vari- the hearing on this owners of the properties located adjacent to ation upon other property in the neighborhood, and to imple- the location for which the variation is requested. ment the general purpose and intent of this ordinance. —55- ! —56-- b." Authorized Variations Plan Commission, or by any resident of or owner of property in Variations from the regulations of this ordinance may be decided the Village of Oak Brook. by the Zoning Board of Appeals only in accordance with the 3. Processing standards set forth in this section and only in the following in- An application for an amendment shall be filed with the stances and no others: Village Clerk and thereafter introduced into the Village Board a. to permit a yard less than the yard required by the applicable Such application shall be forwarded from the Village Board by th regulations; Village Clerk to the Plan Commission with a request for a repor b. to permit the use of a lot not of record on the effective date of its findings and recommendations relative thereto. A copy shal of this ordinance fora use otherwise prohibited solely be- also be forwarded to the Board of Appeals with a request to holy cause of the insufficient area of the lot, but in no event shall a public hearing after the Board of Appeals has received an( the area of the lot be less than 90 percent of the required studied the report and recommendations of the Plan Commissior lot area; and shall thereafter submit a report of its findings and recorr C. to permit parking lots to be illuminated between the hours of mendations to the Village Board. 9:30 p.m. and 7:00 a.m.; d. to permit the same off-street parking spaces to qualify as re- quired spaces for two or more uses, provided that the maxi- a. The Village Board, upon report of the Board of Appeals am mum use of such facility by each user does not take place I without further public hearing, may grant or deny any prc during the same hours or on the same days of the week; and posed amendment in accordance with applicable Statutes o e. to allow any permitted non-residential use in a Residence the State of Illinois, or may refer it back to the Board of Ap District to exceed by not more than ten percent, the floor peals for further consideration. area ratio imposed by the applicable regulations. b. In case a written protest against any proposed amendmen signed and acknowledged by owners of 20 percent of th F. PLAN COMMISSION frontage proposed to be altered, or by the owners of 20 per Jurisdiction cent of the frontage immediately adjoining or across th alley therefrom, or by the owners of 20 percent of the front The Plan Commission of the Village of Oak Brook, which has been age directly opposite the frontage to be altered, is filed witl duly established with functions as prescribed by the State Statutes, is the Village Clerk, the amendment cannot be passed except o the Plan Commission referred to in this ordinance, and shall have the the favorable vote of two-thirds of all members of the Villag following duties under this ordinance: Board of Trustees. 1. to receive from the Village Clerk copies of all applications for g amendments or special uses which have been introduced into the H. SPECIAL USES Village Board; 1. Purpose 2. to submit reports pertaining to applications for special uses and The development and execution of the zoning ordinance i amendments to the Village Board setting forth its findings and based upon the division of the village into districts, within any on recommendations in the manner prescribed in this section for of which the use of land and buildings and the bulk and locatioi special uses and amendments; of buildings or structures, as related to the land, are essentiall 3. to initiate, direct and review, from time to time, studies of the uniform. It is recognized, however, that there are special use provisions of this ordinance and to make reports of its recom- which because of their unique character cannot be properly clay mendations to the Village Board not less frequently than once sified in any particular district or districts without consideratior each year; and in each case, of the impact of those uses upon neighboring land 4. to hear and decide all matters upon which it is required to pass and upon public need for the particular use or the particula under this ordinance. location. Such special uses fall into two categories. a. Uses operated by a public agency or publicly-regulated utilities G. AMENDMENTS or uses traditionally affected with a public interest. 1. Authority b. Uses entirely private in character, but of such a nature the The regulations imposed and the districts created under the the operation may give rise to unique problems with respec authority of this ordinance may be amended, from time to time, to their impact upon neighboring property or public facilities by ordinance in accordance with applicable Statutes of the State 2. Authority of Illinois. An amendment shall be granted or denied by the Special uses shall be authorized or denied by the Village Boar, Village Board only after a public hearing before the Board of in accordance with the Statutes of the State of Illinois applicable t' Appeals and a report of its findings and recommendations has amendments of this ordinance, and the regulations and condition been submitted to the Village Board. set forth in this ordinance for special uses. 2. Initiation of Ant: ndment No application for a special use shall be acted upon by th Amendments may be proposed by the Village Board, by the Village Board until after: —57— —58— a. a written report is prepared and forwarded to the Board of a. Use Exceptions Appeals and the Village Board by the Plan Commission in a There may be in art of the area of a planned develop. manner prescribed herein for amendments to this ordinance; y p P and ment in an M Limited Manufacturing District, specified uses b. a public hearing has been held by the Board of Appeals, after which are not included as permitted uses in the M Limitec due notice by publication as provided by the applicable Manufacturing District in which said development is located Statutes of the State of Illinois for amendments, and the find- provided: (1) that the uses permitted by such exception are necessary ings'and recommendations of the Plan Commission have been and desirable and are appropriate with respect e the reported to the Village Board. primary purpose of the development; 3. Initiation (2) that the uses permitted by such exception are subjec when applicable to conformance with performance stand An application for a special use may be made by any person, ards set forth in Manufacturing Districts of this ordinance firm, or corporation or by any office, department, board, bureau, and further, are not of such nature or so located as tc or commission, requesting or intending to request a zoning cer- exercise a detrimental influence on the surrounding areas tificate. and 4. Processing I (3) that not more than 20 percent of the ground area or o j the floor area of such development would be devoted tc An application for a special use, in such form and accompanied the uses permitted by said exceptions. by such information as shall be established from time to time by the Plan Commission, shall be filed with the Village Clerk and b. Bulk Exceptions thereafter processed in the manner prescribed heretofore for ap Bulk exceptions of this ordinance within the boundaries of sucl plications and amendments. planned development may vary, provided: 5. Decisions (1) such site would be for the purpose of promoting unified The Village Board, upon report of the Board of Appeals and (2) that such exceptions shall conform with applicable tract area the Plan Commission and without further hearing, may authorize lot area, and lot width requirements set forth under Specia or deny an application for a special use in accordance with the Uses in the district regulations of this ordinance for the dis Statutes of the State of Illinois applicable to amendments, or may trict in which such develop -11 4 located; refer it back--to the Board of Appeals and the Plan Commission (3) that the overall floor area ratie�_when applicable would no for further consideration. exceed by more than 15 percent that prescribed in this or dinance for the district in which it is located; No special use shall be authorized by the Village Board unless (4) that spacing between principal buildings shall be at leas the special use: equivalent to such spacing as would be required betweei a. is deemed necessary for the public convenience at that Iota- buildings, in accordance with front, side, and rear yard require tion; ments as set forth in the district regulations of this ordinance b. is so designed, located, and proposed to be operated that the for the district in which such development is located; and public health, safety, and welfare will be protected; and (5) that along the periphery of such planned developments yard! c. would not cause substantial injury to the value of other prop- be provided not less than those required by the district regu erty in the neighborhood in which it is located. lations of this ordinance for the district in which said develop ment is located. 6. Conditions The Plan Commission may recommend, and the Village Board i I. FEES may provide, such conditions and restrictions upon the construe- A fee of $75 accompanying an application for an amendment o tion, location, and operation of a special use, including, but not special use, a fee of $50 accompanying an application for a variation limited to, provisions for off-street parking and loading as may be or a fee of $25 accompanying an application for an appeal, shall bE deemed necessary to promote the general objectives of this ordin- filed with the Village Clerk by or on behalf of the owner or owner ante and to minimize the injury to the value of the property in the of the property affected. neighborhood. J. VIOLATION, PENALTY, ENFORCEMENT Planned Developments 1. Any person, firm, or corporation who violates, disobeys, omits Planned developments are of such substantially different char- neglects, refuses to comply with, or who resists enforcement o acter from other special uses that specific and additional standards any of the provisions of this ordinance, shall upon conviction b( and exceptions.:rare hereby set out to govern the action of the fined not less than $25 nor more than $200 for each offense. Eacl Village Board. day that a violation is permitted to exist shall constitute a separatr offense. —59— I —60— • '� ,l�� ' 5 vt��'�"�� Y i'��'�"�T pa}�?�� }f� ,�� ,(�i ��r�' d'� �,�,'`;��,�n+1�:- Mik '��t r '1 v`r • 2. The Building Inspector is hereby designated and authorized to enforce this ordinance. However, it shall also be the duty of all `."��° officers, s citizen and employees of the Village, particularly of all r members of the police and fire departments, to assist the Building Inspector by reporting to him any new construction, reconstruction, � �Q•� improper land uses, or upon any seeming violation. K. WHEN EFFECTIVE I � l�fir � urR �a �$ agtzy �� i ;E, This ordinance shall be in full force and effect immediately after , tl YfC 1. W passage, approval, and publication in book form according to law. R 7Grt r-S'�, 4,� Adopted b the President and the Board of Trustees of the Village ti ;tc4i ', 1�,'I "NA,Tj�s`ri�` �4as p Y rt. of Oak Brook on the 17th day of November, A.D. 1959. rya *� rf kr r i ,p p. j�;�h1Hy�hy�,S•�'�i Y+� �+��i�kA t"�r Sir ��a� Tv r�,�r ��v � S'5 i s d+, c a �I c r � + w�i!< r n � +r9 ,a, S p r� I ,1S t i�t✓i��h l,r ut, hti d - oAf. /��• �/']./–�/� f a"�� Ie°�i�t�" !! ;ir�� t?a�' 54pV�e eiM ' Sry`d5t{��, t Y� IY v 1 gr ca .� v President yslfaTt�yxtr { av r ;, tin •� � P y-�t�&dry r 4� , d J'(r � w v� , , �r i- a, rl.J fi � �y ��4p�i��IV�f �•��(jtk"..w'��"�ip�'��i�rb!}�'}w �a'�_r r �. ! '.r�i v k +� F ' APPROVED ' A.D.19Sq r i � Pel . <,s- illage Clerk 4 9 Nµ —61— t+"� SUMMARY SHEET CONTROL NUMBER State and Local Government Information (EEO-4) NAME OF JURISDICTION: TOTAL FULL-TIME EMPLOYMENT: A. Circle the functions Covered B. Circle the functions Not Covered C. Circle the functions Not Covered in the at- in the attached report: in the attached report t at are tached report which_w 1F1 reported at a not performed by your jurisdiction: later date. Specify date of filing next to function: 1. Financial Administration 1, Financial Administration 1, Financial Administration 2. Streets and Highways 2. Streets and Highways 2. Streets and Highways 3. Public Welfare 3. Public Welfare 3. Public Welfare 4. Police Protection 4. Police Protection 4. Police Protection 5. Fire Protection 5. Fire Protection 5. Fire Protection 6. Natural Resources 6. Natural Resources 6. Natural Resources 7. Hospitals&Sanatoriums 7. Hospitals&Sanatoriums 7. Hospitals&Sanatoriums 8. Health 8. Health S. Health 9. Housing 9. Housing 9. Housing 10. Community Development 10. Community Development 10. Community Development 11. Corrections 11. Corrections 11. Corrections 12. Utilities&Transportation 12. Utilities&Transportation 12. Utilities&Transportation 13. Sanitation&Sewage 13. Sanitation&Sewage 13. Sanitation&Sewage 14. Employment Security 14. Employment Security 14. Employment Security 15. Other 15, Other 15. Other D. As stated on page 2 of the instruction booklet, if one official can certify as to the accuracy and completeness of the entire EEO-4 report, the following certification may be used. CERTIFICATION: 1 certify that the information in the attached EEO-4 reports Is complete,correct and true to the best of my knowledge and was reported in accordance with EEO-4 instructions(Willfully false statements on the attached EEO-4 reports are punishable by law, U.S. Code.Title 18, Section 1001.) TELEPHONE NUMBER TYPED NAME/TITLE OF AUTHORIZED OFFICIAL SIGNATURE DATE EEOC form 352 FEB 97 U.S.GPO:1997-519-992 PLEASE KEEP A COPY OF THIS SUMMARY SHEET FOR YOUR FILES. ORIGINAL