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G-60 - 07/08/1966 - ZONING - Ordinances r #" b .t.'.fi'y.�* y7a -. _ F: !.'c t ;r .x`k'f3k''ter-fif ai ///•••aaa s'��f.3.� fp ;Ltr-<K1+y1+•�•r s7 mot*' Yr Y `� 'l:- f s. T,. gnr ti { x 8 a y ice{ '$ .^•* '+'S. "5. M I•.,- x 4Yq 'T• t.. �a' j} .$+.yy�, .'�lrrri,i r• ;jt vtµ r'7 2—. -sf' ,� kt: hyt. et.•,r_y-�'"F'r _- ''Ny,�i s�.. t. p 's 'ty y 'Y C �1"r T?. 1"' _ s '' U 0�.�. z ,� ts'�.. i Fv .rte -'.>;;, ?. x i r re_ t a3• "N" "e a'f c• ,,4 q}.. i '' -sJ i1` rZ;, •yi' r a- :a.- 7. * Xs '^fys.} .c n � t.F •� 3L r ( 3 w•'' s• sz'- ta• { ",5r'a ab9�a'L4L4�' �,Y.t� T-�i's�b �'-"�11'\ �.'•� S"nl. �✓'�r � .��;�t�. ��a.�?air.3*��! = CtY i }- )•N b— l 4 X ^L S' +J. fr -tY-'•�.- .4E{., y t�. �+K� �^t,..tr•r { _ �,• / a r t _ � -.,tv' z �`�t .� nr F•p �r ~� ^ `r ;, a � JTg�lq `V t: F ^s .• i i1 �..a � t ..a t r� Z"F'x't�i.r4�i3i�+1`Yis:� SZ�f/ O.x {�'-, ,. 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'tl n A, t t k w�?' r4 .y�cr'�r - -.• ,f s^c a rs c'� Wit?14 4,` t '`+ae'"'�Sr' Y :,'.+.-�,-'• r tt•t .l ,.r. f. �t s � x s� Jt••,. �.� �t •f�i3rtc ire prxyt w � :+.s• � i k i�-4' 1��''"?" ;sr -r. >" i' x z•,. t �.;t wz t {.,k _._ .'•'`nti Z}+ r.,..s t„"'k .s Cr c+• ;, y - 't a. ry:,.. ' s..w n sx�. .R m'�ritF"Y �Sb�''4•}{.tfid':�er,a'Fxa a.-�.i u 'i;4.a`r '} "'' ¢t si.^R3" ,. t s ��,:ri 3 .� `� \Y�3 -•r- s t 3 S e. ass_ �N r 37 9 K l PUBLISHED JUNE, 1966 ` a' t x atF r VILLAGE OF OAK BROOK, ILLINOIS BOARD OF TRUSTEES T. A. Mohlmon, President Richard Barton George Howell Robert W. Hovey Edward K. O'Brien Fred Hayes G. R. Rossman Lorraine E. Fricek, Clerk PLAN COMMISSION Samuel E. Dean, Chairman John H. Anderson Robert DeWitt Erwin B. Bohnsen Thomas J. O'Brien William S. Conklin C. H. Ramm ZONING BOARD OF APPEALS Norman Steenhof, Chairman Gordon Foster Courtlandt Schenck Charles M. Rhodes David Swain Allan M. Roysdon George Trees i i L_ I i TABLE OF CONTENTS SECTION TITLE PAGE ITITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 II PURPOSE AND INTENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 III INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 IV SEPARABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 V GENERAL PROVISIONS ControlOver Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Control Over Bulk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Building on Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 LotDivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Setbacks Along Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Accessory Uses and Structures . . . . . . . . . . . . . . . . . . . . . . . 5 Trailersand Boats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Sewage and Water Systems. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SpecialUses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 StructureHeight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PerformanceStandards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI ZONING DISTRICTS Establishment of Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Zoning District Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 AnnexedLand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 VII RESIDENCE DISTRICTS Preamble. . . . . . . . . . . . . . . . . . . . . . . . . . 11 Residence Districts Provisions . . . . . . . . . . . . . . . . . . . . . . . . 11 R1 Single-family Detached Residence . . . . . . . . . . . . . . . . . . . . . 12 R2 Single-family Detached Residence. . . . . . . . . . . . . . . . . . . . . 15 R3 Single-family Detached Residence. . . . . . . . . . . . . . . . . . . . . 16 R4 Single-family Detached Residence. . . . . . . . . . . . . . . . . . . . . 17 R5 Single-family Detached Residence. . . . . . . . . . . . . . . . . . . . . 18 VIII BUSINESS DISTRICT Preamble. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Business District Provisions . . . . . . . . . . . . . . . . . . . . . . . . 20 B1 Local Shopping Center District . . . . . . . . . . . . . . . . . . . . . . 20 B2 Regional Shopping Center District. . . . . . . . . . . . . . . . . . 23 B3 General Business District . . . . . . . . . . . . . . . . . . . . . . . . . 25 B4 Hotel Office District . . . . . . . . . . . . . . . . . . . . . . . 28 IX INSTITUTIONAL DISTRICT Preamble. . . . . . . . . . . . . . . . . . . . . . . . . 30 Institutional District Provisions. . . . . . . . . . . . . . . . . . . . . . . . 30 X OFFICE—RESEARCH—ASSEMBLY DISTRICTS j ORA Districts Provisions . . . . . . . . . . . . . . . . . • • • . . ' ' 35 ORA1 Office-Research-Assembly District. . . . . . . . . . . . . . . . . . . ORA2 Office-Research-Assembly District. . . . . . . . . . . . . . . . . . . 36 03 Office District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 XI OFF-STREET LOADING AND OFF-STREET PARKING 39 Scope of Regulations . . . . . . . . . . . . . • • . . • • . . • . . Permissive Parking and Loading Facilities. 39 Damage or Destruction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Off-Street Loading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Off-Street Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 e. F TABLE OF CONTENTS SECTION TITLE PAGE XII NON-CONFORMING BUILDINGS, STRUCTURES AND USES Statement of Purpose . . . . . . . . . . . . . . . 45 Authority to Continue Non-Conforming�Buildings, Structures and Uses . . . . 45 XIII ADMINISTRATION AND ENFORCEMENT The Office of the Building Inspector . . . . . . . . . . . . . . . . . . . . . 48 Zoning Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Filing Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Certificate of Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Zoning Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Plan Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Special Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Fees . 54 Violation, Penalty and Enforcement. . . . . . . . . . . . . . . . . . . . . . 54 XIV RULES AND DEFINITIONS Rul es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 APPENDIX I Minimum Standards of Parking Spaces, Aisles and Parking Bays . . . . . . . . . . 64 II g and Loading Spaces . 65 Access Driveway from Streets to Off-Street Parkin I it I AN ORDINANCE An Ordinance to regulate and limit the height and bulk of structures; to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of open spaceswithin and surrounding such structures; to classify, regulate, and restrict the location of trades and industries and the location of structures designed for specified industrial, business, residen- tial, and other uses; to divide the entire Village into districts for the purpose of this ordi- nance; to fix standards to which structures shall conform; to prohibit uses or structures incom- patible with the character of such districts respectively; and to prevent additions to and alterations or remodeling of existing structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder, and to provide penalties for violation hereof and to re- peal certain ordinances heretofore adopted. BE IT ORDAINED by the President and Boardof Trustees of theVillageofOak Brook, Illinois, that: This Zoning Ordinance, consisting of 14 sections, entitled and known as The Zoning Ordi- nance of the Village of Oak Brook, Illinois of 1966, and zoning district map attached hereto, shall take effect and be in full force and effect upon and after its passage, approval, and pub- lication in book form as provided by law, and such printing in book form and publication is hereby ordered and directed by authority of the President and Board of Trustees of the Vil- lage of Oak Brook, Illinois, and that Ordinance No. G-8 adopted November 17, 1959 known and designated as Oak Brcok Zoning Ordinance together with all amendments thereto is hereby repealed. Adopted by the President and Board of Trustees of the Village of Oak Brook, Illinois this 22nd day of March, A.D. 1966. VOTE: Ayes: 7 Noyes: 0 Absent: 0 Approved by me this 22nd day of March A.D. 1966 President, T. A. Mohlman Attest: Village Clerk, Lorraine E. Fricek (Corporate Seal) i I I SECTION TITLE This ordinance shall be known, cited, and referred to as: THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ILLINOIS OF 1966. I SECTION II PURPOSE AND INTENT A. This ordinance is adopted to the and that: 1. adequate natural light, pure air, and safety from fire and other dangers may be secured. 2. value of land and structures throughout the Village may be conserved. 3. congestion in the public streets may be lessened or avoided. _ 4. hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters may be lessened or avoided. i i 5. aesthetic values throughout the Village may be preserved and enhanced. I 6. public health, safety, comfort, morals, convenience, and general welfare may otherwise be promoted. B. To achieve these ends, the ordinance sets forth regulations and standards to: i 1. regulate and limit the height and bulk of structures hereafter to be erected. j 2. establish, regulate, and limit set back lines along streets. t 3. regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces within and surrounding structures. 4. classify, regulate, and restrict the location of trades and indistries and the location of strut- . tures designed for industrial, business, residential, and other specified uses. 5. divide the entire Village into districts of such number, shape, area, and of such different classes as may be suitable. f 6. prohibit structures or uses incompatible with the character of such districts. l 7, fix standards to which structures therein shall conform. 8. prevent additions to, and alteration or remodeling of,existing structures in such a way as to avoid the restrictions and limitations lawfully imposed under this ordinance. 9. provide for the gradual elimination of structures and uses which are incompatible with the character of the districts in which they are located. 10. define and limit the powers and.duties of the administrative officers and bodies as provided in this ordinance. 11. prescribe penalties for the violation of the provisions of this ordinance, or of any amendment j thereto. L -2- SECTION 111 INTERPRETATION In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety,comfort,morals,convenience, and general welfare. In addition: 1. where the conditions imposed by any provision of this ordinance upon the (a) use of land or structures, (b) height and bulk of structures, (c) floor area requirements, (d) lot area and width requirements,and (e) yard and other open space requirements are more restrictive or less restric- than comparable standards imposed by any other provision of this ordinance or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern. 2. this ordinance is not intended to abrogate any easement, covenant, or other private agreement. 3. no use or structure not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance;and to the extent that,and in any manner that said unlawful structures or use are in conflict with the requirements of this ordinance, said structure or use remains unlawful under the provisions of this ordinance. SECTION IV SEPARABILITY It is hereby declared to be the intention of the President and Board of Trustees that the several pro- visions of this ordinance are separable, in accordance with the following: 1. if any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in said judgment. i 2. if any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property or structure, such judgment shall not affect the application of said provision to any other property or structure not specifically included in said judgment. i i i —3— SECTION V GENERAL PROVISIONS A. Control Over Use 1. The uses of land and the erection, alteration, and use of structures shall be limited to: i a) uses lawfully established on the effective date of this ordinance, subject to the regula- tions set forth in Section XII of this ordinance. b) permitted uses or special uses permitted in.the zoning district in which the land or struc- ture is located, subject to the regulations set forth in Section XIII C of this ordinance pertaining to height, area and parking. 2. Where a use which is classified as a Special Use by this ordinance exists on the effective date of this ordinance, it shall be considered to be a lawful Special Use. 3. Where a building permit for a structure has been issued in accordance with law prior to the effective date of this ordinance and where construction has begun not more than six months after such effective date and is being prosecuted to completion, said structure may be com- pleted in accordance with such building permit and may be occupied upon completion under a certificate of occupancy for the use originally designated, subject to the provisions of Section XII of this ordinance. B. Control Over Bulk 1. New structures shall conform with the bulk regulations established by this ordinance for the district in which each such structure is located. Existing structures shall not be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict I with the bulk regulations of this ordinance for the district in which such structures are located. 2. However, a lot of record at the time of the adoption of this ordinance in a residence district which does not meet the requirements of this ordinance as to area and yard requirements may j be used for a single-family detached dwelling,provided it shall meet all the other requirements of this ordinance and the following: a) the applicant shall furnish with the application for a building permit a survey showing the lot upon which he proposes to erect a single-family detached dwelling and also showing the lots on either side of the said lotwith all improvements thereon and widths of adjoining side yards and any projections of structures therein duly plotted on said survey. t b) the applicant shall provide to the Building Inspector an affidavit, which shall be filed with the application for a building permit, to the effect that the applicant is not the owner of anycontiguous lot or lots, either of record or beneficially, and that no other person hold- I ing title of record or beneficial ownership in any such lot is holding any such interest for the benefit of applicant or of any member of applicant's family or for any employee or agent of applicant. c) the Building Inspector shall issue a permit for erecting a single-family detached dwelling on the subject lot upon compliance with all of the foregoing provisions and all other op- plicable provisions of this ordinance, and the said Building Inspector may, when requested by the applicant, approve in specific cases a reduction in sideyard width requirements, but neither sideyard shall have a width less than ten percent of the width of the lot within the buildable area. —4_ i C. Building On Lot On Single-family detached Residence District lots with permitted uses, there shall be not more than one principal building. D. Lot Division No lot containing a use or structure shall hereafter be divided in order to secure one or more ad- ditional lots for transfer of ownership and establishment of a principal use thereon, unless each lot, including also the lot containing the use or structure, resulting from such division, shall have the minimum lot area and lot width as required in this ordinance for the district in which the lot is located. E. Yards 1. Yards and other open spaces as required by this ordinance shall be located on the same lot as the principal use or structure, and shall have not less than the minimum depth or area,as required in this ordinance for the district in which such use or structure is located, except as otherwise provided for setbacks. 2. On vacant through lots, the front lot line shall be along the street line designated by the Building Inspector, except that when a front lot line has been established on one or more lots in the some block and all have front lot lines established along the same street line, the street line designated as the front lot line for such lot or lots shall be the front lot line on all vacant through lots in such block. On through lots, only those obstructions permitted by this ordinance in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except where a No-Access Strip has been pro- vided for such lots on the recorded plats. 3. No legally required yards, open space, or lot area for any use or structure shall be used to Isatisfy yard, open space, or lot area requirements for any other structure or use. 4. No yards allocated to a use or structure existing on the effective date of this ordinance shall be subsequently reduced or further reduced below the yard requirements of this ordinance, except a yard adjoining a street may be reduced in depth in the event and to the extent the right-of-way width of such street adjoining such yard is subsequently increased. 5. Front yards of corner lots may be designated by the owner, provided such yard abuts a street. i i F. Setbacks Along Streets i Minimum setbacks on lots abutting a street shall be as required for yards in the district in which they are located and shall be measured from the street line - or from the proposed street line if one has been designated on the Official Map; except that the setbacks along Cermak and York Roads shall not be less than 100 feet. G. Accessory Uses and Structures i 1. Accessory uses and structures shall be compatible with the principal use and shall not be j established prior to the establishment of the principal use. i 2. Accessory uses shall not include the keeping, propagation, or culture of pigeons, poultry, i rabbits, bees, livestock, or other non-household animals for profit, except on such lots where the pursuit of agriculture is a permitted principal or accessory use. i i A i 3. t xcept as otherwise regulated for specific principal uses, an accessory structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following: a) a detached accessory structure shall not be nearer than ten feet from the nearest wall of the principal structure, and for each foot over ten feet in length that the wall of an acces- sory structure parallels and is next to the principal structure, the required distance be- tween the structure shall be increased by an additional one-half foot. b) an accessory structure shall not be located in a front or side yard. c) accessory uses and structures shall not be located, erected, or altered in required yards, except as provided in Section V G-3-d and g of this ordinance. d) detached accessory structures in a required rear yard in a residential district shall: (1) be not more than 15 feet in height. (2) cover not more than 30 percent of the rear yard. (3) be located not less than 5 feet from the rear lot line. e) no detached or attached accessory structure hereafter erected or altered shall project nearer to a lot line adjoining a street than the distance equivalent to the shortest distance between such lot line and the nearest wall of the principal structure, except an attached - private garage may project nearer to a lot line adjoining a street. f) except as provided in Section V G-3-g of this ordinance, for an accessory structure con- taining a dwelling unit or lodging rooms for domestic employees or temporary non-paying guests of the occupants of the principal dwelling, no detached structure accessory to a single-family detached dwelling hereafter erected or altered at any location on a lot shall be more than one story nor more than 15 feet in height; a detached accessory structure shall not be nearer than 10 feet from the nearest wall of the principal structure, and for each foot over 10 feet in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structure shall be in- creased by an additional one-half foot. g) accessory single-family detached dwellings or detached structures containing dwelling units or lodging rooms for domestic employees or temporary non-paying guests of the occu- pants of the principal single-family detached dwellings, or for students, faculty, and per- sonnel authorized to live on the premises of institutional or other non-residential uses shall not be located in a yard or other open area required for the principal structure, and shall be located not less than 40 feet from the principal structure except: (1) when located on a lot ten acres or more in area, such an accessory structure when de- signed as a part of an architectural entrance feature may be located in a required front yard or side yard adjoining a street. (2) when located in back of a principal structure, the rear yard of the principal structure shall be measured from the rear yard line to the nearest building wall of such acces- sory structure. h) Yards adjoining streets . . . . . . . . . . . . . . . . . . . . . F interior side yards . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • ' S .R rear yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i i . r z —6— (1) Awnings or canopies - not more than three feet F S R C (2) Arbors or trellises - where trellises are attached to the principal structure F S R C (3) Air conditioning equipment - not less than 12 feet from indicated lot lines S R C (4) Balconies R C (5) Bay windows - not more than three feet F R (6) Chimneys attached- - not more than two feet F S R C (7) Eaves and gutters - not more than four feet F S R C (8) Fallout shelters, attached or de- . tached R (9) Fences, open - not more than 42 inches in height. F S R (10) Fences, solid -not more than 6 feet in height (a) shall be erected only adja- cent to patio or terrace areas and pri- vate swimming pools, and (b) shall be not less than 5 feet from the nearest lot line, or (c) in No-Access Strips. S R (11) Fire escapes, open and enclosed or fire towers - not more than 5 feet, and into a required interior side yard or court - not more than 3i2 feet F S R C (12) Flagpoles F S R C (13) Garages or carports, detached R (14) Growing of garden crops in the open S R (15) Lawn furniture - such garden struc- tures as benches, sun dials and bird baths . F S R C (16) Open off-street loading spaces R (17) Open off-street parking spaces - may also be permitted in a required front or side yard adjoining a street, as regulated in this ordinance. S R C i _7_ l r (18) Ornamental light standards F S R C (19) Playground and laundry-drying equip- ment R C (20) Playhouses and open-sided summer houses R (21) Sheds and storage structures for gard den equipment and household items R 1 (22) Signs and nameplates F S R C (23) Sills, belt courses, cornices and ornamental features of the principal structure, not more than 18 inches F S R C (24) Steps, open F S R C (25) Swimming pools R (26) Terraces,patios and outdoor fireplaces R (27) Tennis courts R (28) Trees,shrubs and other plants-except on corner lots, no such material shall be permitted to obstruct a clear path of motorists' vision of approaching vehicles within 25 feet of street inter- sections F S R C H. Trailers and Boats 1. Trailers shall not be permitted in any district as principal or accessory structures on a lot. i 2. Trailers shall not be parked or stored in the open on any lot, except when permitted in this or- i dinance in the operations of a lawfully established trailer sales or manufacturing establish- ment. 3. Temporary parking and use of trailers shall be permitted only when a permit has been issued by the Building Inspector for the following purposes: a) parking in the open and/or use of mobile home or travel trailer for lodging purposes on a lot containing a dwelling, provided it is not parked or used thereon more than 7days in any consecutive 30-day period. b) parking and/or use of trailers for temporary office or storage uses incidental to and only for the period of time of construction of a building development, provided such trailers ore located on the some or contiguous lots as the building development. 4. One utility trailer and/or one boat on a boat trailer or blocks, owned by the occupant of the dwelling, may be stored or parked only in the rear yard of a lot containing a single-family de- tached dwelling, provided no major repair, disassembly,or rebuilding operations are conducted ithereon. I –8— I. Sewerage and Water Systems 1. Each use hereafter established which requires sewerage and water facilities shall be served i by public or community sewerage and water systems except as hereinafter provided. 2. Lots in areas not served with public sewerage or water systems may use individual sewage disposal systems orwells provided the Board of Trustees shall find,after receiving the recom- mendation of the Village Engineer,that it would impose a severe economic burden upon proper- ty owners to extend public or community sewer or water lines to serve the area. 3. Installation of individual sewage disposal systems and private wells or community sewerage and water systems shall be in accordance with standards and specifications set forth in ap- plicable laws of the Village, County and State.. 4. A lot that was not a lot of record on the effective date of this ordinance, which is to be used for a single-family detached dwelling served with an individual sewage disposal system, j shall have an area of not less than one acre and width of not less than 150 feet, or a greater area or width if required to conform with regulations contained in Section V 1-3 of this ordi- nonce. 5. In areas where water facilities are available private wells may be used for outdoor purposes such as lawn sprinkling and filling of swimming pools subject to Village Board and County Health Department approval. J. Special Uses Application for zoning certificates, building permits and occupancy permits for the erection, jmajor alteration, or enlargement and occupancy of a Special Use shall be referred by the Building Inspector to the Plan Commission for reports of its recommendations to the Zoning Board of Ap- peals and Board of Trustees. The permits shall be issued by the Building Inspector only after authorization by the Board of Trustees, following a public hearing by and receipt of recommen- dations of the Zoning Board of Appeals. Not more than one public hearing shall be necessary for any one Special Use. j K. Structure Height I No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the district in which the structure is located, except that pent- houses or roof structures for the"housing of elevators,stairways, tanks, ventilating fans or similar j equipment required to operate and maintain the structure,skylights, towers, steeples, flagpoles, chimneys, smoke-stacks, radio and television aerials, wireless masts, electric and telephone service poles, water tanks, silos, storage hoppers or elevators may be erected above the height limits prescribed in this ordinance. No such structure shall be erected to exceed by more than 15 feet the height limits of the district in which it is located. L. Public Utilities j The following public utility uses are permitted in any district: Wires, cables, conduits, vaults, laterals, pipes, mains and valves or other similar transmission and distributing equipment, pro- vided that the installation and location thereof shall conform with the rules and regulations of applicable administrative authorities and ordinances of the Village of Oak Brook. The use of 2 above-the-ground utility carriers, such as poles, is prohibited except when authorized as a special or temporary use. jM. Performance Standards Any use established in the various residence and business districts shall be operated so as to comply with the performance standard regulations set forth in Section X A-4 of this ordinance. _q_ 1 C SECTION VI i ZONING DISTRICTS - A. Establishment of Districts In order to carry out the purposes and provisions of this ordinance, the Village is hereby divided into the following zoning districts: R1 Single-family Detached Residence R2 Single-family Detached Residence R3 Single-family Detached Residence R4 Single-family Detached Residence R5 Single-family Attached Residence B1 Local Shopping Center B2 Regional Shopping Center B3 General Business B4 Hotel-Office Institutional ORAI Office—Research—Assembly ORA2 Office—Research—Assembly 03 Office B. Zoning District Map 1. Zoning District Map The zoning districts and their boundaries are as shown upon the zoning district map dated March 22, 1966,which map and al l amendments thereto and all notations, references,and other information shown thereon are hereby incorporated into and made a partof this ordinance,with the same force and effect as if fully set forth in this ordinance. The original zoning district map, properly attested, shall be filed with the Village Clerk. 2. Boundaries of Districts Where uncertainty exists with respect to the boundaries of the various zoning districts as shown on the zoning district map, the following rules apply: a) a zoning district boundary line following a street or extension thereof shall be construed to be the centerline of such street or extension, except such boundary line shall be the right of way lines along state highways and tollways. b) a zoning district boundary line approximately following a lot line or extension thereof within a subdivision shall be construed as following such lot line or extension. c) where a zoning district boundary line divides a lot in single ownership, the regulations of this ordinance for either portion of such lot may at the owner's discretion, apply to the entire line, whichever is the lesser distance, and d) questions concerning the exact locations of district boundary lines shall be resolved by the Board of Trustees. C. Annexed Land �- Any additions to the incorporated area of the Village resulting from disconnection by the County or otherwise shall be automatically classified as in the R1 Single-Family Residence Districts unless otherwise classified by amendment to the ordinance. _10_ SECTION VII s RESIDENCE DISTRICTS A. Preamble The residence districts provide for the development of various types of dwelling units within a framework of standards designed to: 1. Preserve and further promote low-density single-family detached dwelling neighborhoods con- sistent with the predominant character of the Village. 2. Encourage the development of medium-density single-family detached dwelling neighborhoods where it is possible to employ modern, efficient land planning techniques with smaller net- works of utilities and pavements. I 3. Provide for the economically sound and esthetically pleasing use of areas characterized by by their proximity to heavy traffic,the regional shopping center and light industry— including j the use of "town houses" and garden-type low-density multiple-family dwellings. B. Residence Districts Provisions I Unless otherwise provided in the regulations of this ordinance, the following provisions shall apply to all residence districts: I 1. Home Occupations In all residence districts any customary home occupation shall be permitted provided: a) It is conducted entirely within the dwelling and only by members of the family, and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes. j b) It is not conducted from a detached or attached accessory structure, requires no internal or external alterations and involves no construction features or use of equipment not cus- tomary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling and not more than one-fourth of the floor area of a story, including also a cellar of the dwelling, is devoted to such home occupation. c) There is no display or activity that will indicate from the exterior of the dwelling that it is being used for any use other than a dwelling. d) Stock in trade, including that which is produced on the premises, shall not require receipt or delivery of merchandise, goods or equipment other than by United States letter carrier mail, similar parcel delivery service, or by private passenger automobile. 2. Nameplates and Signs a) A nameplate for a single-family dwelling shall not exceed 120 square inches in area and for a multiple-family dwelling it shall not exceed 4 square feet in area, and may indicate the names, addresses and telephone numbers of the building and the rental agents. b) A ground sign located in a front yard or side yard adjoining a street shall be located not closer than 10 feet from street and side lot lines. c) A nameplate may be illuminated by non-flashing direct or indirect illumination and shall not be illuminated by spot lights. A d) Unilluminated "For Sale" and "For Rent" ground signs shall be permitted in accordance with the following: (1) One sign on a lot, except on a corner or through lots a sign may be erected along each street frontage. (2) Each sign shall be not more than 6 square feet inarea and it shall be located notcloser than 8 feet from an interior lot line and not closer than one-half the depth of the re- quired front from a front lot line. e) Identification signs for non-residential uses shall be permitted in accordance with the fol- lowing regulations: (1) One identification sign affixed flat against a building wall and one ground sign, which in both cases maybe illuminated by non-flashing direct or indirect illumination and shielded so that the source of light cannot be seen at any point within a residence district, may be erected along each street frontage. (2) Each such sign shall contain not more than 16 square feet of area and where (a) affixed to a building wall, it shall not project higher than 10 feet above ground grade, and (b) a ground sign shall not be located nearer than 8 feet from the nearest interior lot lineand not closer to the front lot line than one-half the depth of the required front yard, except a directional sign shall be not more than 9 square feet in area and shall not be located nearer than 10 feet from a street line, and no ground sign shall project higher than 10 feet above the ground grade. f) Temporary ground signs for subdivisions are permitted in accordance with the following: (1) Signs may be erected along each thoroughfare or highway frontage of the development not less than 1,000 feet apart. (2) Such signs shall not exceed 240 square feet in area each, and shall contain only the names, addresses and telephone numbers of the development and the sales or rental agents, and types, prices, and location of dwelling units. (3) Such signs (a) may be illuminated with non-flashing illumination shielded so that the source of light cannot be seen, (b) shall not project higher than 15 feet above ground grade, (c) shall not be located nearer than 30 feet from a lot I ine,and (d) shol I be re- moved within 30 days after completion of the development. g) Additional ground signs may be used on lots containing model dwelling units being offered for sale or rental to: (1) Identify and give the price of each house - not to exceed 12 square feet in area. (2) Provide directional and safety information - not to exceed 2 square feet in area. (3) There shall not be more than 4 such signs on any given lot and there shall be no use of banners, flags or other similar attention attracting devices. C. R1 Single-Family Detached Residence District 1. Permitted Uses a) Single-family detached dwellings b) Parks and playgrounds —12— C) Public schools, parochial school, non-boarding elementary, junior high and high — on lots not less than 8 acres in area for an elementary school and not less than 25 acres in area for a high school. d) Nameplates and signs. e) Home occupations. f) Fallout shelters. g) Accessory uses and structures (1) uses and structures — customarily accessory to single-family dwellings. (2) non-commercial pursuit of agriculture — (a) on lots not less than 10 acres in area, pro- vided structures and land used for the shelter, feeding, keeping, propagating, culture of poultry and livestock shall not be less than 100 feet from the nearest lot line, and any other structure or land used in the pursuit of agriculture shall not be less than 100 feet from the nearest street line, and not less than 50 feet from the nearest interior and rear lot line; and (b) on lots less than 10 acres in area, provided such uses involve only the growing of farm and garden crops and nursery stock and no accessory struc- tures are used exclusively for such uses, except conservatories or greenhouses of the types customarily attached to dwellings. (3) dwelling units for housing domestic servants or other persons employed on the premises and guest houses. (4) horse stables, private — on lots not less than 2 acres in area, provided that not more 2 horses are kept, except that one additional horse may be kept for each one acre of additional lot area over 2, and no structure used for shelter shall be nearer than 90 feet from side and rear lot lines and 150 feet from front lot lines. (5) storage of building materials and equipment and temporary structures for construction purposes — when on the same or adjoining lot as the principal uses and for a period of not to exceed the duration of such construction. (6) temporary construction and sales offices in subdivisions containing 40 acres or more in area — for a period not to exceed 90 days following completion of such construction. 2. Special Uses a) Agricultural Growing of farm and garden crops and nursery stock as a principal use on a lot provided: (1) The lot area for commercial growing of farm crops, truck garden produce, and nursery stock shall be not less than 10 acres in area. (2) The sale of such materials is not conducted from a store,standor other structure erect- ed or maintained for such purpose. b) Churches, chapels, temples and synagogues — on lots not less than 300 feet in width and not less than 2 acres in area and one additional acre for each 240 seats in the sanctuary over 240 seats. Where churches and parochial schools are on the same land — not less than 8 acres in area. c) Colleges, universities, convents, monasteries, seminaries and accessory uses thereto—on lots not less than 40 acres in area. d) Hospitals — on lots not less than 10 acres in area. e) The following recreational and cultural uses, public or private, provided the site meets the minimum area requirements hereinafter stipulated: (1) Art galleries—on lots not less than 300 feet in width and not less than 2 acres in area. (2) Dog show and field trial areas — not less than 15 acres and 100 acres, respectively. —13— � I i (3) Equestrian sports — polo, horse shows, hunter trials or bridle trails — not less than i 10 acres for polo and horse shows; 20 acres for hunter trials. (4) Game preserves and conservation clubs not less than 200 acrea. --. (5) Golf courses and clubs, standard or par 3 — when operated only during daylight hours, but not including commercially operated miniature courses or golf driving ranges — not less than 25 acres. (6) Hunt clubs — not less than 250 acres. (7) Libraries, public — on lots not less than 300 feet in width and not less than 2 acres (8) Museums — on lots not less than 300 feet in width and not less than 2 acres in area. (9) Tennis and swimming facilities — not less than 25 acres. (10) Winter sports — ice skating rinks, ice hockey, curling, skiing or tobogganing — not less tgob 25 acres. (11) Airports — not less than 50 acres. (12) Athletic fields — not less than 10 acres. (13) Gun clubs — not less than 100 acres. (14) Other similar outdoor and indoor recreational facilities approved by the Village Board. f) Public utility, governmental service and transportation uses (1) Bus turn-arounds and passenger shelters (2) Fire and police stations r (3) Gas regulator stations (4) Electric distribution centers and sub-stations. f (5) Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. I (6) Sewage and storm water lift stations. (7) Water filtration plants, wells, pumping stations and reservoirs. g) Accessory uses Accessory uses, customarily incidental to the above special uses — including but not limited to the following: Agricultural,Recreational and Cultural Uses- (1) Dwelling units and lodging rooms — on lots not less than 10 acres in area and for oc- cupancy by persons employed on the premises. (2) Club houses and lodges — containing customary facilities incidental to the operation of the principal recreational use including but not limited to restaurants,cocktail lounges and shops primarilyfor the sale and service of equipment and other commodities related to participation in the recreational facilities on the premises on lots not less than 2 acres in area, and provided further that the restriction relating to operation only during daylight hours does not apply to the accessory uses. (3) Horse stables, kennels and other similar structures — for keeping and shelter of live- stock, other animals, poultry and game — and accessory structures, provided that such structures shall be located: (a) not less than 150 feet from a street; (b) not less than 100 feet from a structure on the same lot intended for occupancy as a dwelling, lodging or place of public assembly; (c) not less than 100 feet from a residence district line; and (d) not less than 70 feet from a non-residence district line and (e) on lots not less than 10 acres in area. t —14— 3. Lot Area Except as otherwise required in this ordinance for a specific use — not less thong acres. i 4. Lot Width Not less than 220 feet within the buildable area. 5. Floor Area Ratio Not to exceed 0.4 for non-residential uses. 6. Structure Height a. Residential uses Not more than 30 feet and not more than two and one-half stories. b. Other non-residential uses Not more than 45 feet i 7. Ground Floor Area per Dwelling a) One story — not less than 2,000 square feet b) Bi-level — not less than 1,800 square feet c) Dwellings having more than one story — not less than 1,500 square feet 8. Yards Except as required in Section VII C-1-g(2) and (4) of this ordinance, yards shall be provided as follows: a) Front Not less than 50 feet in depth — except front yards abutting York and Cermak Roads shall have a depth of not less than 100 feet. b) Side Not less than 30 feet in depth — except (1) a side yard abutting a street shall be not less than 50 feet in depth and each interior side yard shall be increased by not less than j2 feet for each one foot of structure height over 30 feet,and (3) side yards abutting Cermak and York Roads shall have a depth of not less than 100 feet. c) Rear Not less than 100 feet in depth. 9. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance. D. R2 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT 1. Permitted Uses As in the R1 Single-family Detached Residence District 2. Special Uses As in the R1 Single-family Detached Residence District, except airports I 3. Lot Area Not less than one acre — except as otherwise required in this ordinance for a specific use 4. Lot.Width Not less than 150 feet within the buildable area. 5. Floor Area Ratio Not to exceed 0.4 for non residential use. —15_ '6. Structure Height a) Residential uses Not more than 30 feet and not more than two and one-half stories. b) Institutional and other non-residential uses. Not more than 45 feet. 7. Ground Floor Area per Dwelling a) One story, without basement — not less than 1,800 square feet b) One story, with basement — not less than 1,600 square feet c) Dwellings having more than one story — not less than 1,250 square feet 8. Yards i Except as required in Section VII C-1-9 (2) and (4) of this ordinance, yards shall be provided as follows: a) Front Not less than 40 feet in depth b) Side Not less than 18 feet in depth — except (1) a side yard abutting a street shall not be less than 40 feet in depth and (2)for non-residential uses each side yard abutting a street shall be not less than 50 feet in depth and each interior side yard shall be not less than 30 feet in depth and increased by not less than 2 feet for each one foot of structure height over 30 feet. I i c) Rear Not less than 60 feet in depth j 9. Off-Street Loading and Off-Street Parking i As in Section XI of this ordinance i • A E. R3 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT 1. Permitted Uses As in the R1 Single-family Detached Residence District 2. Special Uses I I As in the R1 Single-family Detached Residence District, except airports 3. Lot Area l Not less than 25,000 square feet — except that in subdivisions of 80 acres or more in area, the lot area may be reduced to one-half acre provided that lands equal to 10 percent of the I total area be dedicated to the Village of Oak Brook,or agency approved by the Village Board, and no portion thereof shall be less than 4 acres for pork or recreational uses. f 4. Lot Width Not less than 100 feet within the buildable area ` 5. Floor Area Ratio Not to exceed 0.4 for non-residential uses 6. Structure Height a) Residential uses Not more.than 30 feet and notmore than two and one-half stories. b) Institutional and other non-residential uses ,i Not more than 45 feet —16— 7. Ground Floor Area per Dwelling a) One story — not less than 1,500 square feet b) Bi-level — not less than 1,300 square feet (floors at grade and above basement) c) Dwellings having more than one story — not less than 1,000 square feet 8. Yards Except as required in Section VII C-1-g (2) and (4) in this ordinance,yards shall be provided as follows: a) Front Not less than 40 feet in depth — except front yards abutting York Road and Cermak Road shall have a depth of not less than 100 feet b) Side Not less than 12 feet in depth — except (1) a side yard abutting a street shall be not less than 40 feet in depth; (2) for non-residential uses each side yard abutting a street shall be not less than 50 feet in depth and each interior side yard shall be not less than 30 feet in depth and increased bynot less than 2 feet for each foot of structure height over 30 feet (3) side yards abutting York Road and Cermak Road shall have a depth of not less than 100 feet. c) Rear Not less than 40 feet in depth 9. -Off-Street Loading and Off-Street Parking As in Section XI of this ordinance F. R4 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT 1. Permitted Uses As in the R1 Single-family Detached Residence District 2. Special Uses a) As in the R1 Single-family Detached Residence District, except airports b) Recreational uses other than accessory uses, not for profit —on lots not less than 2 acres in area (1) Ice skating rinks — open (2) Parks and playgrounds (3) Tennis and swimming facilities (4) Other recreational uses as approved by the Board of Trustees (5) Accessory uses and structures incident to the above recreational uses j 3. Lot Area (Single-family Detached Dwellings) i j Not less than 18,000 square feet — except that in subdivisions 40 acres or more in area, the lot area may be reduced to 15,000 square feet provided that lands equal to 10 percent of the total area be dedicated to the Village of Oak Brook, or agency approved by the Village Board, and no portion thereof shall be less than 4 acres for park or recreational uses 4. Lot Width Not less than 75 feet within the buildable area 5. Floor Area Ratio I Not to exceed 0.4 for non-residential uses —17— 6. Structure Height A a) Residential uses Not more than 30 feet and not more than two and one-half stories b) Institutional and other non-residential uses Nct more than 45 feet 7. Ground Floor Area per Dwelling a) One-story — not less than 1,300 square feet b) Bi-level — not less than 1,100 square feet (floors at grade and above basement) c) Dwellings having more than one story — not less than 900 square feet 8. Yaids Except as required in Section VII,C-1-g (2) and (4) of this ordinance, yards shall be provided as follows: a) Front Not less than 30 feet in depth — except front yards abutting York and Cermak Roads shall have a depth of not less than 100 feet b) Side Not less than 10.feet in depth — except (1) a side yard may be reduced to not less than 8 feet provided the adjoining lot contains a dwelling with an attached garage or carport adjacent to such side yard; (2)a side yard abutting a street shall be not less than 30 feet in depth, and (3) for non-residential uses each side yard abutting a street shall be not less than 30 feet in depth and increased by not less than 2 feet for each one foot of structure height over 30 feet c) Rear Not less than 30 feet in depth. 9. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance. G. R5 SINGLE-FAMILY ATTACHED RESIDENCE DISTRICT 1. Permitted Uses a) As in the R1 Single-family Detached Residence District — except those uses and struc- tures in Section VII C-1-g (2), (3) and (4) b) Single-family attached dwellings (Town Houses, Group, Row or Garden Apartments) c) Single-family semi-detached dwellings (Town Houses, Group, Row or Garden Apartments) 2. Special Uses a) Offices — sales, rental or management in model dwelling units or temporary structures b) Multiple family dwellings c) Recreational facilities, not for profit, both indoor and outdoor,including swimming, tennis, winter sports, playgrounds, putting greens and other similar outdoor and indoor recreational facilities when used in conjunction with town house or multiple developments. 3. Lot Area Not less than ten acres for any single development of permitted and special use structures —18— 4. Gross Density a) Permitted Uses Not more than 8 dwelling units per acre b) Special Uses Not more than 12 dwelling units per acre 5. Floor Area Ratio a) Permitted Uses Not to exceed 0.5 b) Special Uses Not to exceed 0.6 6. Structure Height a) Permitted Uses Not more than 30 feet and not more than two and one-half stories. b) Special Uses Not more than 45 feet and not morethan three stories. 7. Ground Floor Area per Dwelling a) Permitted Uses (1) One story — not less than 1,200 square feet (2) More than one story — not less than 700 square feet b) Special Uses (1) One story — not less than 875 square feet (2) More than one story — not less than 640 square feet 8. Yards a) Permitted Uses Each structure shall be spaced from the nearest adjacent structure a distance not less than one and one-half times the maximum width (as opposed to length) of the wider of the two structures, and other yards shall be as in the R4 Single-family Residence District. Yards adjacent to other districts shall adopt the requirements of the district they abut. b) Special Uses Each structure shall be spaced from the nearest adjacent structures distance not less than one and one-half times the maximum width (as opposed to length) of the wider of the two structures, and other yards shall be as in the R4 Single-family Residence District. Yards adjacent to other districts shall adopt the requirements of the district they abut. 9. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance. —19— SECTION VIII BUSINESS DISTRICTS A. PREAMBLE The Business Districts provide forgroupings of businessand other non-residential establishments in accordance with their compatibility, functions and scope of service. The regulations of the various Business Districts are designed to govern developments ranging from the local shopping areas serving primarily residents of the Village to those which serve the region. B. BUSINESS DISTRICT PROVISIONS 1. Minimum Lot Area - 2 or more uses on a lot Wherever 2 or more permitted uses or Special Uses, each requiring a minimum lot area, are located in the some building or on the some lot the required minimum lot area shall be the sum of the areas required for each use individually. When one or more use has a required minimum lot area, the total lot area shall equal the sum of the required lot areas plus an ad- ditional area equivalent to that devoted to the use which does not have a required minimum lot area. 2. Scope _ All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where _ produced, and all business, service, storage, merchandise, display, and where permitted, re- pair and processing shall be conducted wholly within a completely enclosed building, except for off-street automobile parking, off-street loading, and oxen-sales lots and drive-in facili- ties in districts where they are permitted. Goods sold shall consist primarily of new merchan- dise, except for antique shops. 3. Performance Standards All activities involving the production, processing, cleaning, servicing, testing, or repair of materials, goods or products, shall conform with the performance standards established for the ORA Office-Research-Assembly Districts. 4. Parking of Trucks Trucks in excess of one and one-half tons capacity used in conjunction with the operations of any use permitted in Business Districts shall not be parked in the open within 150 feet of a Residence District boundary line - except during normal business hours. C. B1 LOCAL SHOPPING CENTER DISTRICT 1. Permitted Uses a) Antique shops b) Bakeries - where not more than 30 percent of the floor area is devoted to processing. c) Barber shops and beauty parlors d) Book and stationery stores e) Candy and ice cream stores f) Clinics, medical and dental - including accessory laboratories '- g) Drug stores h) Dry-cleaning and laundry retail establishments- provided that processing, if done on the premises, shall utilize non-explosive and non-inflammable materials,cnd that such proces- sing shall be limited to service of the principal use. i) Fire stations -20- k) Florist shops k) Food stores — grocery store, meat markets, and delicatessens 1) Gift shops M) Haberdasheries n) Hardware stores o) Launderettes — including automatic self-service dry-cleaning equipment P) Libraries, branch q) Offices — business, professional, and public r) Police stations s) Post offices t) Restaurants — including accessory cocktail lounges u) Temporary buildings — for construction purposes for a period not to exceed 90 days follow- ing completion of the development v) Variety stores w) Wearing apparel shops x) Accessory uses and structures — including but not limited to off-street loading, off-street parking and business signs. 2. Special Uses a) Automobile service stations — on lots not less than 20,000 square feet b) Clubs, lodges, fraternities and community centers — on lots not less than 20,000 square feet c) Nursing homes — on lots not less than 300 feet in width and not less than 2 acres in area d) Public utility, governmental service acid transportation uses (1) Eus turn-grounds and passenger shelters (2) Gas regulator stations (3) Electric distribution centers and substations (4) Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals (5) Sewage and storm-water lift stations (6) Water filtration plants, wells, pumping stations and reservoirs e) Restaurants and accessory cocktail lounges — without facilities for dancing and live entertainment, on lots not less than 200 feet in width and not less than 1%2 acres in area f) Accessory uses and structures — including but not limited to off-street parking and off- street loading spaces and business signs 3. Floor Area Ratio Not to exceed 0.5 4. Yards a) Front Not less than 60 feet in depth except that front yards abutting York and Cermak Roads shall have a depth of not less than 100 feet —21— b) Side Side yards shall not be required, except: (1) A side yard adjoining a street shall be provided and shall not be less than 60 feet in depth (2) When a side yard is provided, it shall be not less than 5 feet in depth (3) A side yard shall be provided along a side lot line adjoining a residence district and shall not be less than twice the side yard depth of the adjoining residence district c) Rear Not less than 25feet in depth—except (1) a rear yard adjoining an alley or common service drive shall not be less than 35 feet in depth when measured from the center line of such alley or service drive, and (2) a rear yard adjoining a residence district shall not be less than 60 feet in depth measured from such district line. 5. Awnings, Marquees and Signs Awnings, marquees and non-flashing illuminated business signs with no moving parts and with no exposed neon tubing are permitted subject to applicable regulations set forth in other ordi- nances of the Village and the following: a) All sources of light, whether by direct exposure, surface reflection or transmission, having an intrinsic brightness of greater than 30 foot lamberts shall be shielded so that the source of light cannot be seen at any point within a residence district b) Any luminous source of light,whether by direct exposure, reflection or transmission,whose total area is larger than one foot square and which can be seen from any point within a a residence district shall not exceed a brightness value of 150 foot lamberts c) No source of light shall be permitted to cause illumination in excess of one-half foot candle in a residence district d) Signs in direct line of vision of motorists approaching any traffic signal shall not have red, green or amber illumination. e) No sign shall be painted,pasted or similarlyposted directly on the surface of any building, wall or fence f) The gross surface area in square feet of all signs on a lot shall be not more than two times the number of lineal feet in the length of the building wall facing the front lot line. -- On a corner or through lot a sign may be erected along each street frontage. g) All signs shall be affixed against the buildingwalls and shall not extend outward therefrom more than 12 inches or project higher than 30 feet above curb level or5 feet above build- ing height— whichever is lower h) In a development containing not less than 3 acres, one ground sign, facing each street, which identifies the name and address of the shopping center and a bulletin area for ad- vertising special features therein may be erected in addition to the signs affixed to the building walls.Such signs shall: (1) be not closer than 10 feet from a lot line; (2) have a gross surface area of not more than 160 square feet which may be in addition to the maxi- mum gross surface area as permitted in "f" above;(3)not project higher than 30 feet above grade at the sign; and (4) when located within 50 feet of the lot corner of the intersection of 2 or more streets, it shall have its lowest level not less than 8 feet above ground grade, and not closer than 3 feet from a driveway or parking area i) Awnings and marquees shall have a headroom of not less than 8 feet 6. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance. —22— 7. Structure Height Not more than 30 feet and not more than 2 stories D. B2 REGIONAL SHOPPING CENTER DISTRICT 1. Permitted Uses a) Art galleries b) Automobile service stations c) Banks and other financial institutions d) Barber shops and beauty parlors e) Bus depots and cab stands f) Candy, ice crearr, and bakery shops or shops selling similar commodities — where the com- modities may be produced on the premises; but all such production shall be either sold at retail on the premises or sold in stores owned and operated by the producing company g) Drug stores h) Electric distribution centers and substations i) Furniture stores — including upholstery when conducted as part of the retail operation and secondary to the principal use j) Gas regulator stations k) Hospitals— having not more than 10 beds and first-aid stations for the treatment of emergency cases 1) Hotels m) Interior decorating shops n) Job printing shops o) Laundries, dyeing and cleaning establishments — operated as an accessory use to some other use or uses permitted by this section, provided permits for the use of combustible and flammable materials, if to be used, are obtained from the Board of Trustees p) Laundries, self-service and shops for the collection and distribution of laundryand dry- cleaning articles q) Messenger and telephone service stations r) Offices s) Pet shops t) Photographer, artist or similar studios u) Post offices v) Printing plants, newspaper, magazine and similar publications w) Public garages, including new and used car sales rooms, provided that no cars shall be sold or stored unless enclosed within a building x) Radio and television broadcasting stations y) Restaurants, cocktail lounges and tea rooms z) Retail stores and shops, including department stores aa) Sales and display rooms bb) Schools, commercial — business, trade, music and dance —23— cc) Service, cleaning and repair shops — for personal, household or garden equipment dd) Tailor or dressmaking shops ee) Theaters, except open air drive-in establishments ff) Accessory uses and structures—including storage and service areas within the structures, garages for delivery trucks, central heating and air conditioning plants, and storage areas, yards, shops and similar facilities that are used solely for operating, servicing or main- __ taining the activities and improvements within the district. Accessory uses and structures shall also include dwellings occupied by watchmen, janitors, maintenance and similar em- ployees engaged upon the premises; but no dwellings shall be erected for any other purposes 2. Special Uses a) Amusement establishments — including bowling alleys, gymnasiums, swimming pools and and skating rinks b) Public utility, governmental service, and transportation uses: (1) Bus turn-arounds and passenger shelters (2) Fire and police stations (3) Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals (4) Sewage and storm-water lift stations (5) Water filtration plants, wells, pumping stations and reservoirs c) Community centers 3. Floor Area Ratio Not to exceed 0.3 4. Yards a) No structure, other than signs as provided for in Section VIII D-5-b of this ordinance, shall be erected or maintained within 300 feet from any boundary adjoining Cermak Road and Kingery Expressway, nor within 80 feet from 16th Street and Spring Road. The area between the building and the boundary or street line may, however, be occupied by drives, vehicular parking, sidewalks, landscaping and similar facilities, except that paved areas shall not be located closer than 40 feet to any lot in a residence district. b) For the purpose of interpreting and enforcing the yard regulations of this Section, the entire area included within the B2 District shall be considered as a single lot; more than one building or structure may, however, be erected thereon, and the only front, side and rear yards that need to be observed are those provided for in paragraph "a" above. S. Signs Business signs are permitted in accordance with the following regulations; a) Signs mayhove non-flashing or flashing illumination but contain no movable exterior parts. Where a sign is illuminated by a light reflected upon it, direct rays of light shall notbeam. upon any part of any existing residential buildings, nor into a residence district, or into a street right-of-way. A sign in direct line of vision of a traffic signal shall not be in red, green, or amber illumination. b) There may be a total of not more than two free-standing ground signs on each of the boundary streets surrounding the shopping district located not less than 40 feet from any street line; provided that none of such signs shall exceed a total area of 1,000 square feet on either side, and all of them shall be limited to advertising the shopping district, its merchandise or services. —24- L C) Signs may be attached to one or more facades or to the roof of any building, provided that they conform to the following requirements: (1) They shall not project more than 30 inches from any facade (2) The total area of any sign attached to a facade or roof shall not exceed two percent of the gross floor area including basements,of the building to which such sign is attached. (3) Such signs shall be limited to advertising the name of the store, its merchandise or services, or the shopping district as a whole. 6. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance E. B3 GENERAL BUSINESS DISTRICT 1. Permitted Uses a) Animal hospitals and veterinarian offices b) Art galleries C) Auction rooms d) Automobile accessory stores e) Automobile sales establishments f) Automobile service stations g) Banks and other financial institutions h) Bicycle stores — sales, rental and repair i) Blueprinting and photo-copying establishments i) Building material sales — not including outside storage k) Camera and photographic supply stores I) Carpet and rug stores m) Cartage and express facilities — providing storage of goods, motor trucks or other equip- ment is in a completely enclosed building. n) Catering establishments o) China and glassware stores p) Clinics, medical and dental — including accessory laboratories q) Clothes pressing establishments r) Clothing stores s) Clothing and costume rental shops t) Clubs, lodges and fraternal organizations U) Cocktail longues v) Coin and philatelic stores w) Department stores x) Drug stores y) Dry-cleaning and laundry retail establishments — provided that processing, if done on the premises, shall utilize non-explosive and non-flammable materials, that such processing shall be limited to service of the principal use. z) Electric distribution centers and substations —25— i cc) Electrical, gas and other household appliance stores, including radio and television sales and accessory repair and service thereof. bb) Employment agencies cc) Exhibition halls dd) Fire stations ee) Furniture stores — including upholstery when conducted as part of the retail operation and secondary to the principal use. ff) Furrier shops — including the incidental storage and conditioning of furs. gg) Garages, public — where body repair and painting are incidental accessory uses, but not including automobile wrecking yards. hh) Garages, storage i i) Garden supply and seed stores j j) Gas regulator stations kk) Greenhouses and conservatories 11) Hobby shops — for retailing of items to be assembled or used away from the premises mm) Interior decorating shops — including upholstery and making of draperies, slipcovers and other similar articles when conducted as part of the retail operation and secondary to the principal use. nn) Jewelry stores — including watch repair oo) Job printingshops — using presses having beds of not more than 14 inches by 20inches pp) Kennels, with no outdoor dog runs qq) Laboratories — medical, dental or optical r r) Leather goods and luggage stores ss) Libraries t t) Liquor stores — retail sales of package goods only uu) Loan offices vv) Locksmith shops ww) Mail order service stores xx) Millinery shops yy) Music stores — sheet music and phongraph record sales zz) Musical instrument sales and repair coo) Offices bbb) Office supply stores cec) Opticians and optometrists ddd) Orthopedic and medical appliance stores — not including the assembly or manufacture of such articles eee) Paint and wallpaper stores - f f f) Parking lots — for passenger motor vehicles only ggg) Pet service, domestic hhh) Pet shops iii) Photography studios — including developing and printing of photographs, when conducted on the premises as a part of the retail business i I —26— Physical culture and health service, gymnasiums, reducing salons, massage salons, and public baths. kkk) Picture framing — when conducted on the premises for retail trade 1 1 1) Plumbing, heating, air conditioning and electrical fixtures and equipment — showroom and shops, for domestic use only mmm) Police stations nnn) Radio and television service and repair shops 000) Recording studios ppp) Recreational buildings, community centers and meeting halls qqq) Religious institutions — churches, chapels, temples or synagogues r r r) Restaurants — including musical entertainment and dancing sss) Schools, commercial or trade — provided that operations do not involve danger of fire,ex- plosion, nor objectionable standards of noise, vibration, smoke, dust, odor, glare, heat or other nuisances t t t) Sewing machine sales and services — household machines only uuu) Shoe stores vvv) Shoe and hat repair stores www) Sporting goods stores xxx) Tailor shops yyy) Taxidermists zzz) Telegraph offices aaaa) Theaters, indoor bbbb) Tobacco shops cccc) Toy shops dddd) Travel bureaus and transportation ticket offices eeee) Typewriter and adding machine sales and service establishments ;d f f f f) Undertaking establishments and funeral parlors gggg) Accessory uses and structures 2. Special Uses a) Amusement establishments — including bowlingalleys, gymnasiums, swimming po o I s and skating rinks 6) Drive-in establishments for permitted uses c) Heliports (other than for freight), public or private—located on a lot not less than one acre in area and having a touchdown area which is enclosed by a fence and which is not less than 100 feet in diameter. The landing area shall, as a minimum, have 2 approach-departure paths — with centerlines radiating from the center of the area forming an angle greater than 90 degrees —which are not less than 75 feet in width and which are unobstructed above on an imaginary plane extending from the edge of the landing area at an incline of one foot vertically to each 6 feet horizontally. d) Horse stables and riding academies, public on a lot not less than 10 acres in area — pro- vided buildings containing stables and accessory outdoor facilities are not less than 150 feet from the nearest lot line. e) Nursing homes — on lots not less than 300 feet in width and not less than 2 acres in area. f) Open sales lots, when accessory to new automobile, trailer or boat sales establishments g) Public utility, governmental service and transportation uses (1) Bus turn-grounds and passenger shelters (2) Telephone exchanges and transmissionsbuildingsand equipment, and outdoor telephone booths and pedestals (3) Sewage and storm-water lift stations (4) Water filtration plants, wells, pumping stations and reservoirs —27— r -h) Recreation, outdoor — Par 3 and miniature golf courses, golf driving ranges, swimming and tennis clubs, and other outdoor recreation uses as approved by the Board of Trustees i) Trailer or boat sales establishments — for new trailer or boat sales j) Accessory uses and structures — including but not limited to off-street parking and off- street loading spaces and business signs 3. Floor Area Ratio Not to exceed 1.2 4. Yards As in the B1 Local Shopping Center District — except(a) for automobile service stations where islands containing fuel pumps and air and water outlets, with or without connecting .: shelters shall have a front yard,or a side yard adjoining a street not less than 25 feet in d e p t and (b) front and side yards abutting Cermak and York Roads steal I have a depth not less than 100 feet. 5. Awnings, Marquees and Signs As in the BI Local Shopping Center District 6. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance 7. Structure Height Not more than 35 feet and not more than 3 stories F. B4 HOTEL-OFFICE DISTRICT 1. •Permitted Uses b) Hotels and Motels (minimum of 50 rooms) b) Offices, institutional and fraternal C) Accessory uses and structures including: (1) Restaurants and accessory cocktail lounges — in a structure which is used principally for a permitted use, and when located on floors below those used for the principal use or on the top floor or roof of such a structure (2) Retail sales and personal service uses — having no exterior advertising and accessible only from the lobby and interior of a building and used for a permitted principal use and when no single establishment occupies more than 2,000 square feet of floor area. d) Electric distribution centers and substations e) Gas regulator stations d) Telephone exchanges and transmission buildings and 'equipment, and outdoor telephone booths and pedestals. e) Sewage and storm-water lift stations. f) Water filtration plants, wells, pumping stations and reservoirs. 2. Special Uses a) Offices, business and professional — occupying less than 50 percent of thetotal floor area of a structure over 5 stories in height, and when located on floors below those used for dwelling purposes b) Accessory uses and structures c) Bus turn-arounds and passenger shelters d) Sewage and storm water lift stations e) Water filtration plants, wells, pumping stations and reservoirs 3. Floor Area Ratio Not to exceed 0.6 I —28— 4. Yards a) Front Not less than 100 feet b) Side Yards and Courts (1) Two side yards each not less than 10 feet plus one foot for each one foot in height that a structure exceeds 27 feet in height except a side yard adjoining a street shall be not less than 50 feet (2) Where a building wall more than 30 feet in length faces an interior side lot line the interior yard as required in this ordinance shall be increased in depth by one foot for each one foot such wall exceeds 30 feet in length, or not more than 27 feet—whichever is lesser (3) Where the walls of one or more structures face upon a court — the depth and length of the court shall be as approved by the Board of Trustees after receiving recommendations of the Plan Commission c) Rear Not less than 40 feet in depth d) Yards adjoining a Residence District Any yard adjoining a Residence District and a structure within the B4 Hotel-Office District shall be not less than 100 feet in depth. e) Yards adjoining Cermak and York Roads Not less than 100 feet in depth 5. Awnings, Marquees and Signs As in the B1 Local Shopping Center District 6. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance 7. Height Not more than 5 stories 8. Lot Width Not less than 200 feet i i —29— SECTION IX INSTITUTIONAL DISTRICT A. PREAMBLE The Institutional District provides for the preservation of those areas of the Village which are characterized by natural features and for the development of a broad range of selective educa- tional, religious and other institutional uses. B. INSTITUTIONAL DISTRICT PROVISIONS 1. Permitted Uses A) Agricultural (1) Agriculture, on a lot 20 acres or more in area – except when the pursuit of agriculture is accessory to an institutional or residential use on a lot not less than 10 acres in area (2) Growing in the open of farm crops, including truck gardens and nurseries—provided that sale of produce or-nursery stock is not conducted from a structure erected or maintained on the lot (3) Raising of livestock b) Institutional (1) Cemeteries – provided a new or an addition to on existing cemetery shall contain an area of not less than 40 acres (2) Churches, chapels, temples and synagogues – on lots not less than 300 feet in width, and not less than 2 acres in area and one additional acre for each 120 seats in the sanctuary over 240 seats. Where churches and parochial elementary schools are on the some land – not less than 8 acres in area, and in the case of junior and high schools, not less than 25 acres in area (3) Convents, monasteries, seminaries and retreat houses on lots not less than 40 acres (4) Offices, administrative related to the institutional use–for not for profit organizations – on lots not less than 5 acres (5) Schools – parochial – elementary, junior high and high – on lots not less than 8 acres for elementary schools and not less than 25 acres in area for high schools c) Residential Single-Family Detached Dwellings – on lots not less than one acre, when said dwelling is in the same ownership as one or more of the institutional uses above set forth d) Electric distribution centers and substations e) Gas regulator stations f) Accessory Uses (1) Horse stables, kennels and other similar structures – for keeping and shelter of live- stock, other animals, poultry and game - and accessory structures, provided that such structures shall be located: (a) not less than 100 feet from a street; (b) not less than IOC feet from a structure on the some lot intended for occupancy as a dwelling, lodging or place of public assembly; (c) not less than 150 feet from a residence district line; and (d) not less than 70 feet from a non-residence district line. (2) Dwelling units and lodging rooms –owned and operated.by the institution, for housing -- students, faculty, or other persons employed on the preises. (3) Commissaries for dispensing incidental merchandise – for students, faculty or other persons employed on the premises (4) Rectories, parsonages and parish houses (5) Other accessory structure–customarily incidental to the principal use –30– 2. Special Uses C) Residential Single-family detached dwellings — privately owned — on lots not less than 2 acres, when contiguous to a residential district, subject to Section VII R1 b) Colleges or universities — on lots of not less than 40 acres in area C) Hospitals — on lots not less than 10 acres in area d) Institutions for the aged, including rest homes, nursing homes, housing for the elderly — when located on lots of not less than 25 acres in area e) Public utility, governmental service and transportation uses: (1) Bus turn-around and passenger shelters (2) Fire and police stations (3) Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths and pedestals (4) Sewage and storm lift stations (5) Water filtration plants, wells, pumping stations and reservoirs 3. Signs a) Residential uses — as in Section VII B2 of this ordinance b) Non-residential uses — there shall not be more than one sign on a lot, except on a corner or through lot a sign may be erected along each street frontage of the development. Such signs shall not exceed 48 square feet in area each, and shall contain only the name, ad- dress, telephone number and type of establishment. Projecting signs shall not be higher than the structure height; and shall not extend outward from the structure more than feet; and ground signs shall not be higher than 10 feet above ground grade and shall be located not less than 20 feet from street and side lot lines. A sign may be illuminated by non- flashing direct or indirect illumination and it shall not contain moving parts. 4. Lot Area All lots heretofore set forth in this section (except cemeteries) must be located in an institu- tionally zoned district of not less than 200 acres 5. Structure Height Not more than 45 feet — steeples, spires and towers not more than 90 feet 6. Yards _ Institutional a) No structure shall be built abutting any existing street closer than 100 feet b) Non-residential uses shall not be less than 100 feet from any residential district line 7. Yards — Residential As in Section VII R2 of this ordinance 8. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance _31_ SECTION X OFFICE-RESEARCH-ASSEMBLY DISTRICTS A. ORA DISTRICTS PROVISIONS 1. Prohibited Uses — Industrial No lot shall be used, and no structure shall be erected, altered or remodeled for any of the following uses: abattoirs; arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks manufacture or storage; dumping or reduction of garbage, dead animals, offal, or refuse, ore reduction, petroleum processing or refining; pyroxylin manufacture; gutta percho manufacture or treatment; salt works; sauerkraut manufacture; smelters; stockyard or slaughter of or experimentation with animals or fowls; tallow, grease, or lard manufacture or treatment; tanning, curing, or storage of rawhides or skins;tar distillation or manufacture;cement,concrete, or asphaltic concrete,mortar or plaster batch mixing plants, or junk yards or other uses having operations that are deemed by the Board of Trustees to be incompatible with the intended environmental character of the ORA Office-Research-Assembly District. 2. Prohibited Uses — Explosives - No activities involving the storage, utilization, or manufacture of materials orproducts which decompose by detonation shall be permitted, except such as are specifically licensed by the Village. Such materials shall include, but shall not be confined to, all primary ex- plosives such as lead azide, lead styphnate, fulminates and tetrocene; all high explosives such as TNT, RDX, HMX, PETN and pecric acid,propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives;pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting ex- plosives such as dynamite and nitroglycerine;unstable organic compounds such as acetylides, tetrazoles, percholric acid; perchlorates, chlorates, hydrogeneperoxide in concentrations, greater than 35 percent; and nuclear fuels, fissionable materials, and products and reactor elements such as Uranium 235 and Plutonium 239 3. Uses Required to be Enclosed All business, service, research, merchandise display, and manufacturing activities and oper- ations shall be conducted wholly within completely enclosed buildings except off-street parking, off-street loading, and open sales lots and drive-in facilities in districts where they are permitted. 4. Performance Standards Any use established in the ORA1 and ORA2 Office-Research-Assembly districts shall be operated so as to comply with the performance standard regulations prescribed in this ordi- nance, and no use lawfully established on the effective date of this ordinance shall be here- after altered or modified so as to conflict with, or further conflict with, such performance standards a) Noise Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards prescribed in this ordinance, provided that such noises shall be capable of being accurately measured, for the purpose this ordinance, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibles. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. —32— At any point on or beyond the boundary line of the district designated below, the sound pressure level of any operation or plant(other than background noises produced by sources not under control of this ordinance, such as the operation of motor vehicles or other trans- portation facilities) shall not exceed the decibel limits in the table below: Maximum permitted sound Octave Band level in decibles FREQUENCY IN CYCLES BUSINESS AND ORA PER SECOND RESIDENCE DISTRICTS DISTRICTS 20 to 75 72 77 75 to 150 67 72 150 to 300 59 64 300 to 600 52 57 600 to 1,200 46 51 1,200 to 2,400 40 45 2,400 to 4,800 34 39 above 4,800 32 37 b) Vibration Any operation or activity which shall cause at any time and at any point beyond the boun- daries of the lot, earthborne vibrations — other than background vibrations produced by some source not under control of this ordinance,such as the operation of motor vehicles or other transportation facilities—in excess of the limits set forth in Column I is prohibited. In addition, any operation or activity which shall cause at any time and at any point in a residence district earthborne vibrations in excess of the limits set forth in Column 11 is prohibited. Vibration shall be expressed as displacement in inches and shall be measur- ed with a three-component measuring system approved by the Building Inspector. t tt FREQUENCY IN DISPLACEMENT DISPLACEMENT CYCLES PER SECOND IN INCHES IN INCHES 0 to 10 .0008 .0004 10 to 20 .0005 .0002 20 to 30 .0002 .0001 30 to 40 .0002 .0001 40 to over .0001 .0001 Impact vibrations which are discrete pulses that do not exceed 100 impulses per minute shall be permitted twice the displacements shown above in Cclumns 1 and 11. c) Smoke and Patticulate Matter (1) The emission of smoke or particulate matter in such manner or quantity as to be detri- mental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful. (2) For the purpose of grading the densityor equivalent capacity of smoke,the Ringelmann Chart described in the Bureau of Mines Information Circular 6888 shall be employed. The emission of smoke cr particulate matter of a densityor equivalent greater than No. 1 on the Ringelmann Chart is prohibited at all times except as otherwise provided hereinafter. (3) The emission of smoke or particulate matter of a density greater than Ringelmann No. 3 is permitted once in any 24-hour day for no more than three minutes. (4) Wind — generated dust from such sources as storage areas,yards,roads, and so forth within lot boundaries shall be minimized by appropriate landscaping or all-weather paving. (5) The emission of particulate matter from any chimney, stack, or vent shall not exceed one-quarter pound per hour per acre of lot area. —33— f r 'd) Toxic Matter No use shol I discharge beyond the boundaries of the lot toxic matter in such concentrations as to be detrimental to, or endanger the public health, safety, comfort or welfare, or cause . injury or damage to property or business. e) Odors The emission of odorous matter in excess of the odor threshold measured beyond the boundaries of the lot at ground level or at habitable elevation is prohibited. f) Fire and Explosion Hazard (1) The storage, utilization, or manufacture of solid materials ranging from incombustible to moderate burning is permitted. (2) The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted provided the following conditions are met: (a) The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordancewith the standards and regulations of the Village and the National Fire Protection Associa- tion. (b) All such buildings shall be set back at least 40 feet from all lot lines or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance %ith the standards and regulations of the Village and the National fire Protection Association. (c) Said materials, if stored outdoors, shall be no closer than 150 feet to the nearest lot line in conformance with the standards and regulations of the Village and the National Fire Protection Association. (3) The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following r - limitations - exclusive of storage in underground tanks, and storage of finished products in original sealed containers: (a) Said materials or products shall be stored or utilized within completely enclosed buildings having incombustible exterior walls, and handled in accordance with the standards and regulations of the Village and the National Fire Protection Associa- tion and, in addition, all such buildings shall be set back at least 40 feet from all lot linesand shall be protected throughout byan automatic fire extinguishing system installed in accordance with the standards and regulations of the Village and the National Fire Protection Association. -- (b) The above ground storage of flammable liquids in excess of the following quantities shall not be permitted: Quantity Closed Cup Flash Point (gallons) Less than 24°F 1,000 240F to less than 1050F 2,000 105°F to less than 187°F 5,000 1870F and higher 10,000 (c) The total of all flammable liquids permitted on any lot shall not exceed 10,000 g) Glare and Heat Any operation producing glare or heat shall be performed within a completely enclosed building in such manneras not to create a public nuisance orhazard beyond the boundaries of the lot. h) Radiation Hazards (1) The release of radioactive gases and particulate matter shall not exceed themaximum allowable concentration perrritted the general population of applicable federal, State and local laws and regulations when measured at or beyond the lot line at ground level or habitable elevation. . 1 —34— (2) No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable permitted the general population in applicable federal, state and local laws and regulations. B. ORAI OFFICE—RESEARCH—ASSEMBLY DISTRICT 1. Permitted Uses a) Any establishment, the principal use of which is manufacturing, fabricating, processing, assembly,repairing, storing,cleaning, servicing, or testing of materials, goods or products, provided that operations conform with performance standards and other requirements of this ordinance. , b) Offices and financial institutions. C) Churches — on lots not less than 4 acres in area. d) Accessory uses and structures—including storage and service areas within the structures, garages for delivery trucks, central heating and air conditioning plants, and storage areas, yards, shops and similar facilities that are used solely for operating, servicing or rr.ain- taining the activities and improvements within the district. Accessory uses and structures shall also include dwellings occupied by watchmen, janitors, maintenance and similar em- ployees engaged upon the premises;but no dwellings shall be erected for any other purpose. e) Electric distribution centers and substations. f) Gas regulator stations. 2. Special Uses a) Heliports (not for freight), public and private — loccted on lots not less than one acre in area and having a touchdown space which is enclosed by a fence and which is not less than 100feet in diameter. The landing area shall, as a minimum, have 2 approach-departure paths — with centerlines radiating from the center of the area forming an angle greater than 90 degrees-which are not less than 75 feet in width and which are unobstructed above an imaginary plane extending from the edge of the landing area at an incline of one foot vertically to each 6 feet horizontally. b) Public utility,governmental service and transportation uses: (1) Bus turn-grounds and passenger shelters (2) Fire and police stations (3) Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths and pedestals (4) Sewage and storm-water lift stations (5) Water filtration plants, sewage treatment plants, wells, pumping stations and reservoirs 3. Floor Area Ratio Not to exceed 0.8 i 4. Structure Height Not to exceed 35 feet 5. Yards a) Front Not less than 100 feet in depth — except'(1) when adjacent to a residence district bounda- ry line not less than 150 feet in depth. b) Side Not less than 30 feet in depth.— except (1) that portion of a side yard when abutting or across the street from a residence district shall be not less than 150 feet in depth, (2) a —35— side yard abutting a street shall be not less than 40 feet in depth,and(3) side yards abut- ting Cermak and York Roads shall have a depth of not less than 100 feet. c) Rear Not less than 40 feet in depth — except that portion of a rear yard abutting a residence district shall be not less than 150 feet in depth and except that a rear yard abutting an alley or service drive may be reduced by 20 feet in depth. . _ 6. Awnings, Marquees and Signs Awnings, marquees and non-flashing illuminated business signs with no moving parts are per- mitted subject to applicable regulations set forth in other ordinances of the Village and the following: " a) All sources of light whether by direct exposure, surface reflection or transmission, having an intrinsic brightness greater than 30 foot lamberts shall be shielded so that the source of light cannot be seen at any point within a residence district. b) Any luminous source of light, whether by direct exposure, surface reflection or transmis- sion whose total area is larger than one square foot and which can be seen from any point within a residence district,shall not exceed a brightness value of 150 foot-lamberts. c) Nosource of light shall be permitted to-cause illumination inexcess of one-half foot candle in a residence district. d) A sign in direct line of vision of motorists.approaching any traffic signal shall not have red, green, or amber illumination that may tend to appear as a traffic signal. e) The gross surface area in square feet of all signs on a lot shal I not exceed 240 square feet. On a corner or through lot, each lot line abutting a street shall be considered a separate front lot Line. • f) One ground sign shall be permitted on a lot, except on a corner or through lot,a sign may be erected along each street frontage. A ground sign shall be not closer than ten feet from any lot line, and not closer than three feet from a driveway or parking area; and have a gross surface area of not more than 160 square feet, or less when such gross surface area is not permitted in accordance with Section X-134e of this ordinance. " g) A sign affixed to a building shall not project higher than the structure height and a sign pro- jecting more than 15 inches from a building wall shall have its lowest level not less than eight feet above ground grade. , h) No signs or structural parts thereof shall project beyond any lot line. 7. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance. . C. ORA2 OFFICE—RESEARCH—ASSEMBLY DISTRICT 1. Permitted Uses a) As in the B2 Regional Shopping Center District b) As in the ORA1 Office-Research-Assembly District c) Accessory uses and structures—including storage and service areas.within the structures, garages for delivery trucks, central heating and air conditioning plants, and storage areas, yards, shops, and similar facilities that are used solely for operating, servicing,or main- taining the activities and improvements within the district. Accessory structures and uses shall also include dwellings occupied by watchmen, janitors, maintenance and similar em- ployees engaged upon the premises; but no dwelling shall be erected for any other purpose. t " 2. Special Uses a) Public utility, governmental service and transportation uses —36- L (1) Bus turn-grounds and passenger shelters (2) Fire and Police stations (3) Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths and pedestals (4) Sewage and storm-water lift stations. (5) Water filtration plants, wells, pumping stations and reservoirs 3. Floor Area Ratio Not to exceed 0.8 for uses as permitted in the ORAI District and 0.3 for uses as permitted in the B2 Regional Shopping District. 4. Structure Height Not more than eight stories 5. Yards a) Front Not less than 100 feet in depth—except (1) when adjacent to a residence district boundary line not less than 150 feet in depth. b) Side Not less than 30 feet in depth — except (1) that portion of a side yard abutting or across the street from a residence district shall be not less than 150 feet in depth, (2) a side yard abutting a street shall be not less than 50 feet in depth, (3) each interior side yard shall be increased by not less than one foot for each one foot of structure height over 32 feet, and (4) side yards abutting Cermak and York Roads shall have a depth of not less than 100 feet. c) Rear Not less than 20 feet in depth — except that portion of a rear yard abutting a residence district shall be not less than 100 feet in depth. 6. Awnings, Marquees and Signs As in the ORA1 Office-Research-Assembly District 7. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance. D. 03 OFFICE DISTRICT 1. Permitted Uses a) Offices b) Accessory uses and structures including: (1) Restaurants and accessory cocktail lounges — in a structure over five stories in height which is used principally for a permitted use, and when located on floors below those used for the principal use or on the top floor or roof of such.structure. (2) Retail sales and personal service uses.— having no exterior advertising and accessible only from the lobby and interior of a building (which is over 12 stories in height) and used for a permitted principal use and when no single establishment occupies more than 2,000 square feet of floor area. c) Electric.distributi6n centers and substations d) Gas regulator station —37— ' r 2. Special Uses a) Hotel or combination Office and Hotel b) Public utility, governmental service and transportation uses: (1) Bus turn-grounds and passenger shelters (2) Fire and police stations (3) Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths and pedestals (4) Sewage and storm-water lift stations. (5) Water filtration plants, wells, pumping stations and reservoirs 3. Floor Area Ratio Not to exceed 0.8 4. Yards a) Front Not less than 100 feet in depth—except (1) when adjacent to a residence district boundary line not less than 150 feet in depth. b) Side Not less than 30 feet in depth,— except (1) that portion of a side yard abutting or across the street from a residence district shall be not less.than 150 feet in depth,(2) a side yard abutting a street shall be not less than 40 feet in depth, (3) a side yard abutting Cermak Road shall be not less than 100 feet in.depth. , c) Rear Not less than 40 feet in depth.— except that portion of a rear yard abutting a residence district shall be not less than 100 feet in depth and except that a rear yard abuttingan alley or service drive may be reduced by 20 feet in depth. , 5. Awnings, Marquees and Signs As in the ORA1 Office-Research-Assembly District 6. Off-Street Loading and Off-Street Parking As in Section XI of this ordinance -38- SECTION XI OFF-STREET LOADING AND OFF-STREET PARKING A. SCOPE OF REGULATIONS The off-street loading and off-street parking provisions of this ordinance shall apply as follows; subject to the restrictions set forth in X111-C: 1. Accessory off-street loading and off-street parking facilities shall be provided as required by the regulations of this section for all uses and structures established in each district after the effective date of this ordinance. However, where a building permit has been issued prior to the effective date of this ordinance,and construction is begun within six months after such effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any dif- ferent amounts required by this ordinance. 2. When the intensity of use of any structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement in the amount specified herein requiring parking or loading facilities, such required parking and loading facilities for the addition be provided. 3. Whenever the existing use of a structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said struc- ture was erected prior to the effective date of this ordinance, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new usewould exceed those for the existing use, if the latter were subject to the parking and loading pro- visions of this ordinance. B. PERMISSIVE PARKING AND LOADING FACILITIES Nothing in this ordinance shall be deemed to prevent the voluntary establishment of off-street parking and loading facilities to serve any existing uses or structures, provided that there is ad- herence to all regulations herein governing the location, design, and operation of such facilities. C. , DAMAGE OR DESTRUCTION When any conforming or non-conforming use or structure which is in existence on the effective date of this ordinance, which is restored and continued in operation after being damaged or de- stroyed by fire, collapse, explosion or other cause,to the extent that the cost of restoration does not exceed 50 percent of the assessor's valuation, there may be provided only the off-street park- ing or loading facilities equivalent to any maintained at the time of such damage or destruction. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this ordinance for equivalent new uses or construction. D. OFF-STREET LOADING There shall be provided off-street loading berths not less than the minimum requirements specified in this section in connection with any structure which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles in accordance with the following: 1. Location Accessory off-street loading berths shall be on the some lot as the principal use and they shall not be located in a front yard or side yard adjoining a street. Open off-street loading berths located in an interior side yard or rear yard shall be not less than 100 feet from the adjoining residence district boundary and such off-street loading berths shall be effectively screened therefrom by a wall or fence, of an architectural design, not less than 6 feet or more than 8 feet in height or a densely planted tree or shrub hedge maintained to not less than 6 feet in height. , —39— 1 2. Size Unless otherwise specified in this ordinance, a required off-street loading berth shall be at least12feet in width and at least 55 feet in length,exclusive of access drives, aisles, ramps, maneuvering space, columns, office and work areas, and shall have a vertical clearance of not less than 14 feet. 3. Access Each required off-street loading berth shall be designed with.appropriate means of vehicular access to a street or alley in a manner which.wi I1 least interfere with traffic movements. Access drives and intersection of driveways with streets shall be in accordance with regula- tions set forth in Appendix II of this ordinance. , 4; :Surfacing All open off-street loading berths, access drives, aisles, and maneuvering spaces shall be improved with a heavy-duty pavement installed in accordance with Village standards and specifications. 5. .Repair and Service No storage of any kind nor motor vehicle repair work or service of any kind shall be permitted within any required loading berth. , 6. Use Space allocated to any off-street loading berth shall not, while so allocated, be used to satis- fy the space requirements for any off-street parking facilities or portions thereof. 7. Required Berths The minimum number of off-street loading berths accessory to structures and uses hereafter erected, structurally altered, or enlarged in all Business and Office-Research-Assembly districts shall be accordance with the following schedule: GROSS FLOOR AREA REQUIRED OF ESTABLISHMENTS NUMBER 5,000 to 25,000 square feet 1 25,001 to 40,000 square feet 2 40,001 to 100,000 square feet 3 For each additional 100,000 square feet of gross floor area, or fraction thereof, over 100,000 square feet of gross floor area: one Additional loading berth. E. OFF-STREET PARKING 1. Existing Parking Facilities Accessory off-street parking facilities in existence on the effective date of this ordinance and located on the some lot as the structure or use served shall not hereafter be reduced be- low the requirements for a similar new structure or use under the provisions of this ordinance. 2. Location After the effective date of this ordinance required accessory off-street parking spaces shall be located cn the some lot as the principal use or structure,except when the Plan Commission recommends and the Board of Trustees authorizes,for a specific use, the location of all or a part of the required off-street parking spaces on a lot that does not contain the principal use or structure. , Unless such permitted off-street parking spaces are provided by permitted collective use of accessory off-street parking spaces, for another use, they shall be located in a district where parking lots or storage garages.are allowable principal uses. However, there shall be compliance with regulations set forth in Section XI-E-10 of this ordinance for required acces- sory parking spaces.not located on the some lot as the principal use or structure. 3. ;Size A required off-street parking space shall have a width and length, exclusive of access drives or aisles, ramps, columns, or office and work areas.in accordance with standards set forth iri Appendix I of this ordinance. Enclosed parking spaces_ shall have a vertical clearance of at least seven feet. , —40— 4. Access Each required off-street parking space shall open directly upon an aisle or driveway of awidth and design in accordance with standards set forth.in Appendix I of this ordinance. All off- street parking facilities shall be provided with appropriate means of vehicular access to a street or alley with location and design of intersection of parking area access driveway and the street or alley in accordance with regulations set forth.in Appendix II of this ordinance. 5. Use Accessory off-street parking facilities, as accessory to uses listed herein, shall be solely for the parking of automobiles of patrons, occupants, or employees. When bus transportation is provided for patrons, occupants, or employees of a specific establishment, additional open or enclosed off-street parking spaces for buses to be parked on the premises shall be provided in accordance with regulations set forth.in Section XI-E-4, 7, 8 and 9 of this ordi- nance. , 6. Computation When determination of the number of off-street parking spaces required by this ordinance re- sults in a requirementof a fractional space,any fraction of one-half or less maybe disregarded while a fraction in excess of one-half shall be counted as one parking space. 7. In Yards Off-street parking spaces, open to the sky, may be located in required interior side yards and rear yards, not less than five feet from the nearest lot line, except a parking area containing 4 or more parking spaces shall be not less than 40 feet from an adjoining residence district boundary. On any lot in B1 Local Shopping Center and B3 General Business districts the re- quired off-street parking spaces may be located in a front yard or side yard adjoining a street not less than 10 feet from a street line. On any lot in ORA1, ORA2 Office-Research-Assembly districts.and03 Office District not more than 10 percent of the required off-street parking spaces, not to exceed 6 spaces, maybe located in a front yard or side yard adjoininga street, not less than 25 feet from a street line or 50 feet from the street lines of Cermak and York Roads. 8. Collective Provision Off-street parking facilities for separate uses maybe provided collectively if the total number of spaces so provided is not less.than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to. 9. Design and Maintenance a) Open and enclosed spaces: Accessory off-street parking spaces located on the some lot as occupied by the use served maybe open to the sky or enclosed in a building. Accessory off-street parking spaces that may be permitted elsewhere than on the same lot occupied by the use shall be open to the sky, except when an off-site storage garage or parking structure is approved by the Board. of Trustees for such required accessory parking. , b) Surfacing All open off-street parking areas containing more than four parking spaces, except in the R1 and R2 Single-Family Residence District, shall be improved with an all-weather hard surface pavement installed in accordance with Village standards and specifications. c) Screening and landscaping Open off-street parking areas having more than 4 parking spaces. shall be effectively screened alongeach sidewhich faces.a lot in a residence district,or is directly acrossany street except Cermak Road or Kingery Expressway from such.residence district, bywalls.. or fences.not less than 5 feet nor more than 6 feet in height or by densely planted tree or shrub hedges, initially not less than 5 feet in height. d) Lighting Illumination of an off-street parking area shall be arranged so as not to project directrays of light into streets or adjacent residence districts., Intensity of illumination of parking i —41- i - i I I areas shall be in accordance with Village standards. All lighting for business uses shall be extinguished or reduced in intensity as approved by the Village Engineer not later than 30 minutes after the close of business of the use being served. e) Repair and service No motor vehicle repair work or service of any kind shall be permitted in off-street parking areas. No gasoline or motor oil shall be sold in conjunction with-any accessory parking facilities unless such facilities are located within a completely enclosed structure, in which case gasoline and motor oil may be sold within such.structure to the users of such facilities, provided that no sign thereto is visible from outside the structure and provided further that all gasoline pumps shall be effectively screened from view of streets and residence districts. I 10. Control of Off-Street Parking Facilities In cases where parking facilities are permitted on a lot other than the lot on which the struc- ture or use served is located, the owner of record of such lot shall be the some as the own- er of record of the lot occupied by the structure or use in which the parking facilities are ac- cessory. A covenant running with the land must be recorded in the office of the Recorder of Deeds of DuPage County, Illinois, on the lot upon which the accessory off-street parking is located which prohibits any other use on that lot, and a copy of the recorded covenant certi- fied by the Recorder of Deeds of DuPage County, Illinois,must be deposited with the Building Inspector. The covenant shall not be released until such time as either one of the following conditions occurs: a) The structure on the lot containing the principal use is removed and the principal use i terminated. b) Another lot of the required size within the required distance is properly developed and used for the required accessory off-street parking in place of and in lieu of the initial lot used for accessory off-street parking with the some requirements, covenants, and condi- tians attaching to such substitute accessory use lot as approved by the some authority as required for approval of such initial lot. 11. Employee Parking Parking spaces required on an employee basis shall be based on the maximum number of em- ployees on duty or residing, or both, on the premises.at any one time. I 12. Required Spaces There shall be provided for each structure and use hereafter erected, structurally altered, or T p � enlarged, the minimum number of accessory off-street parking spaces in accordance with the following: a) Dwelling and lodging uses (1) HOTELS — One parking space for each lodging room, one parking space for each dwel- ling unit, one parking space for each 2 employees, and one parking space for each 100 square feet of retail sales and dining area. (2) MULTIPLE-FAMILY DWELLINGS —.Two parking spaces for each dwelling unit. (3) SINGLE-FAMILY DETACHED DWELLINGS — One, but not more than 4 parking spaces. - except not more than 6 in R1 and R2 Single-family Residence districts — for each dwelling. (4) SINGLE-FAMILY SEMI-DETACHED or ATTACHED DWELLINGS—Two parking spaces for each dwelling. b) Theaters, Schools, Institutions, Auditoriums or other places.of assembly. (1)THEATERS, AUDITORIUMS and other PLACES OF PUBLIC ASSEMBLY accessory to schools and other institutional establishments.- One parking place for each.5 seats, or for each 90 lineal inches.of seating space. (2) CHURCHES, CHAPELS, TEMPLES and SYNAGOGUES —One parking space for each 5 seats, or for each 90 lineal inches of seating space. —42— (3) COLLEGES, UNIVERSITIES and FINE ART SCHOOLS—For classroom and administra- tion buildings - one parking space for each.two employees, plus one parking space for , each three students, in accordance with designed seating capacity. (4) CLUBS, LODGES and FRATERNITIES — One parking space for each lodging room and i one parking space for each five seats in the main meeting room, in accordance withde- signed seating capacity. (5) GYMNASIUMS, STADIUMS, GRANDSTANDS, MEETING HALLS, CONVENTION HALLS - and EXHIBITION HALS—One parking space for each four seats, or for each 90 lineal inches of seating space. (6) HOSPITALS — One parking space per bed for 100 beds or less; 1.1 parking spaces per bed for 101 to 300 beds; 1.2 parking spaces per bed for 301 to 500 beds;and 1.3 parking spaces per bed for over 500 beds. (7) LIBRARIES, MUSEUMS and ART GALLERIES — One parking space for each 1,000 square feet of floor area. (8) SANITARIUMS, HEALTH RESORTS, INSTITUTIONS FOR CARE OF AGED or CHILDREN and NURSING HOMES — One parking space for each three beds, plus one parking space for each two employees. (9) SCHOOLS (a) Commercial or trade, music, dance and business: One parking space for each two employees, plus one space for each three students, in accordance with designed seating capacity. (b) High: One parking space for each seven students, in accordance with designed seating capacity. j (c) Nursery, elementary and junior high: One parking space for each faculty member plus one for each other full-time em- ployee. c) Recreation uses — commercial or non-commercial (1) BOWLING ALLEYS — Seven parking spaces for each lane plus such additional spaces li as may be required herein for affiliated uses such as restaurants and the like. (2) HEALTH SALONS, SWIMMING POOLS and SKATING RINKS—commercial — One park- ing space for each three persons, based upon the maximum number of persons that can be accommodated at the some time in accordance with design capacity, plus one park- ing space for each two employees. (3) PARKS, PLAYGROUNDS, GOLF COURSES, OUTDOOR RECREATION and INDOOR i RECREATION—One parking space for each two employees, plus spaces in accordance with designed use capacity. d) Business, commercial and industrial use (1) AUTOMOBILE LAUNDRIES — One parking space for each 1.5 employees, and in addi- tion, standing spaces to accommodate automobiles awaiting entrance to the facility equal in number to ten times the maximum capacity of the automobile laundry. Maximum capacity, in this instance, shall mean the greatest possible number of automobiles undergoing some phase of laundering at the some time. , (2) AUTOMOBILE SERVICE STATIONS — One parking space for each island of gasoline pumps, plus two for each service bay. (3) BANKS and other financial institutions — One parking space for each 300square feet of floor area. (4) BARBER SHOPS and BEAUTY PARLORS — One parking space for each 200 square feet of floor area. (5) FURNITURE and APPLIANCE STORES, motor vehicle sales establishments,and establishments.for repair of household equipment and furniture — One parking space for each 400 square feet of floor area. , (6) MANUFACTURING, .FABRICATING, PROCESSING, STORING CLEANING, TESTING, ASSEMBLY, REPAIRING and SERVICE ESTABLISHMENTS (as permitted in Office- Research-Assembly Districts) — One parking space for each 1.5 employees as related i I j —43- I to the working period when the maximum number of persons are employed on the premises, or one for each 800 square feet of floor area, whichever is greater. (7) MEDICAL and DENTAL CLINICS, and offices of physicians and dentists —One space for each 50 square feet of floor area contained within the waiting or reception room plus one and ohe-half spaces for each treatment room, each examination room, and each doctor's office. (8) OFFICES — business, professional, administrative and public.(other than medical and dental clinics, and offices of physicians and dentists) — One parking space for each 250 square feet of floor area. , (9) PUBLIC UTILITY, GOVERNMENTAL SERVICE and TRANSPORTATION USES —One parking space for each 2 employees (10) RESTAURANTS - not including drive-in establishments — One parking space for each 4 seats.up to 400 seats, plus one parking space for each 6 seats over 400. (11) THEATERS, except open air drive-in — One parking space for each 4 seats up to 400 seats, plus one parking space for each 6 seats over 400. ; (12) UNDERTAKING ESTABLISHMENTS and FUNERAL PARLORS — One parking space for each.100 square feet of floor area. , (13) WAREHOUSE, STORAGE, WHOLESALE and MAIL ORDER ESTABLISHMENTS — Four plus one parking space for each.1,500 square feet of floor area over 4;500 square feet, or when the maximum number of persons employed on the premises is specifically in- dicated — one parking space for each.1.5 employees. (14) OTHER BUSINESS and COMMERCIAL ESTABLISHMENTS — One, plus one parking space for each 250 square feet of floor area. e) B2 Regional Shopping Center Districts (1) With.a lot area of not more than 40 acres —parking spaces and aisles not less in area than two and one-fourth times the floor area. , (2) With.a lot area of from 40 to 60 acres not less in area than one and seven-eights times.the gross floor area of buildings constructed. (3) With a lot area of 60 acres or more — not less in area than one and one-half times the gross floor area of buildings constructed. , f) Other uses. For permitted or special uses not listed above — as required by the Board of Trusteeson the same basis as required herein for the most similar use. i —44- 1__. SECTION XII NON-CONFORMING BUILDINGS, STRUCTURES AND USES A. STATEMENT OF PURPOSE The purpose of this Section is to provide for the regulation of non-conforming uses, buildings and structures, and to specify those circumstances and conditions under which those non-conforming buildings, structures and uses shall be gradually eliminated upon reaching the end of their re- spective normal useful life, in accordance with the authority granted by Illinois Statutes. B. AUTHORITY TO CONTINUE NON-CONFORMING BUILDINGS, STRUCTURES AND USES Any building,structure or use which existed lawfully at the time of the adoption of this ordinance, and which remains or becomes non-conforming upon the adoption of this ordinance, or of any sub- sequent amendment thereto, may be continued only in accordance with the following regulations: 1. .Repairs and Alterations Ordinary repairs and alterations may be made to a non-conforming building or structure, pro- vided that no structural alterations shall be made in or to such building or structure, all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof con- form to the regulations of the district in which it is located. Ordinary repairs and alterations shall be determined by the Building Inspector and shall include, among other things the re- placement of storage tanks where the safety of operation of the installation requires such 2. Additions and Enlargements a) A non-conforming buildingor structure all or substantially all of which is designed or in- tended for a use not permitted in the district in which it is located shall not be added to or enlarged in any manner unless such non-conforming building or structure and use thereof, is made to conform to all the regulations of the district in which it is located. b) A non-conforming building or structure which is non-conforming only as to bulk, may be added to or enlarged, provided such additions or enlargement conforms to all regulations of the district in which it is located. 3. Moving No building or structure shall be moved in whole or in part to any other location unless every portion of such building or structure, and the use thereof, are made to conform to all regulations of the district in which the moved building is loacted. 4. Restoration of Damaged Non-Conforming Buildings or Structures A building,structure or portion thereof, all or substantially all of which is designed or intend- ed for a use which is not permitted in the district in which it is located,and which is destroy- ed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 50 percent of the total cost of reconstructing the entire building or structure, shall not be restored unless said building or structure and the use thereof shall conform to all regulations of the district in which it is located. In the event that such damage or destruction is less than 50 percent of the cost of re- constructing the entire building or structure, no repairs or construction for restoration shall be made unless such work is started within one year from the date of the partial destruction and is diligently tl prosecuted to completion. 9 YP 5. Discontinuance of Use of Non-Conforming Building or Structure A building, structure, or portion thereof, all or substantially all of which is designed or in- tended for a use which is not permitted in the district in which it is located, and in which the use has ceased by discontinuance or abondonment, on the effective date of this ordinance or thereafter is abondoned and remains unoccupied, or is not used for a continuous period of one year,shall not thereafter be occupied or used,except by a use which conforms to the use regu- lations of the district in which it is located. —45— 6. Change of Use in Non-Conforming Building or Structure The non-conforming use of a building or structure all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use permitted in the district in which the building or structure is located, or the non-conform- ing uses of a part of such a building may be extended to the remaining parts of the building but no change or extension of use shall extend or otherwise modifyony provision made in this ordinance for elimination of such non-conforming building or structure and the use thereof. 7. Elimination of Non-Conforming Buildings, Structures and Uses a) The following non-conforming buildings, structures and uses shall be subject to amortiza- tion provisions herein set forth below under b. . (1) In Residence Districts:—any non-conforming principal and accessory building or struc- ture—all or substantially all of which is designed and used or intended for a permitted or special use that is allowed only in a Business or ORA District shall be sub- ject to the amoritization provisions of this ordinance. (2) In Business Districts: any principal or accessory building or structure - all or sub- stantially all of which is designed and used or intended for a permitted or special use that is allowed only in a ORA District shall be subject to the amortization pro- visions of this ordinance. (3) In Office-Research-Assembly Districts: — no lawfully established principal and acces- sory non-conforming building or structure and a lawful non-conforming use thereof shall be subject to the amortization provisions of this ordinance. Moreover, a single-family detached dwelling may be erected on a lot in an existing recorded subdivision inwhich 50 percent or more of the lots contained single-family detached dwellings on theeffec- tive date of this ordinance. b) Amortization Provision: —all non-conforming buildings, structures and uses as set forth in a(1), (2), and (3) above that were non-conforming prior to and remain non=conforming by subsequent amendments thereto shall be removed, or converted, and therefore devoted to uses permitted in the districts in which.they are located within six months after the ap- plicable amortization period as follows: (1) Assessed Valuation more than $5,000. In accordance with the types of construction classification set forth in the Building Code of the Village of Oak Brook, Illinois (a) Fireproof Construction and Non-Combustible Construction — 40 years from date of original building permit or 25 years from effective date of this ordinance or amendments thereto - whichever last occurs. (b) Exterior Masonry Wall Construction — 30 years from date of original building permit or 20 years from effective date of this ordinance or amendments thereto — whichever last occurs. (c)Frame Construction — 25 years from date of original building permit or 15 years from effective date of this ordinance or any amendments thereto - whichever last occurs. (2) Assessed Valuation Not Less Than $2,000 But Not More Than $5,000. Ten years from date of original building permit or five years from effective date of this ordinance or any amendments thereto - whichever last occurs. Note:Assessed valuations referred to in (1), (2), and(3) above are the unequalized assessed valuations of improvements of a lot,established for real estate tax purposes for the year of 1965 by DuPage County, Illinois. 8. Non-Conforming Use of Conforming Buildings or Structures - The existing non-conforming use of a part or all of a conforming building or structure may be continued subject to the following provisions: a) The non-conforming use of a part of such building or structure shall not be expanded or ex- tended into any other portion of such building or structure, nor changed to any other non- conforming use. , b) If a non-conforming use of such a building or structure is discontinued, or abandoned for a —46— period of six months, it shall not be renewed, and any subsequent use of such building or structure shall conform to the use regulations of the district in which the premises are located. C) Any lawful non-conforming use ina conforming building or structure existing in aResidence District on the effective date of this ordinance or any amendments thereto but is herein allowed as a permitted or special use only in a Business or ORA District, shall be en- tirely discontinued within 20 years from the effective date of this ordinance or any amend- ments thereto. 9. Non-Conforming Use of Land The non-conforming use of land not involving a building or structure, or in connection with which any building or structure thereon in incidental or accessory to the principal use of land, may be continued subject to the following provisions: a) Such non-conforming use shall not be expanded or extended beyond the area it occupies. b) If such a non-conforming use of land is discontinued or abandoned for a period of sixcon- secutive months, it shall not thereafter be renewed, and subsequent use of land shall con- form to the regulations of the district in which the land is located. , c) No non-conforming use of land shall be changed to another non-conforming use. d) Elimination of non-conforming use of land: — the non-conforming use of land shall bedis- continued in accordance with the following,except that in Rl and R2 Districts the allow- able term shall be reduced by 50 percent: (1) Where no buildings or structures are employed in connection with such use or land, — discontinued within one year from the effective date of this ordinance oranyamend- ments thereto. j (2) Where the only buildings or structures or other physical improvements employed are accessoryor incidental to such use of land and have an accessed valuation of not more than $2,000 — discontinued within 2 years from the effective date of this ordinance or any amendments thereto. . (3) Where the improvements, underground or substantially at ground level, which comprise all or substantially all of the improvements employed in such use of land and which have an accessed valuation of more than $2,000 — discontinued within 5 years from the effective date of this ordinance or any amendments thereto. (4) Where the non-conforming use of land is accessory to the non-conforming use of build ing or structure, it shall be discontinued on the some date on which the non-conforming use of the building or structure is discontinued. Note: Assessed valuations referred to in paragraphs "(2)" and "(3)" above are the unequalized assessed valuations of improvements on a lot established for real estate tax purposes for the year of 1965 by DuPage County, Illinois. i i —47— SECTION X111 ADMINISTRATION AND ENFORCEMENT _.. A. THE OFFICE OF THE BUILDING INSPECTOR Duties of the Building Inspector The Building Inspector shall enforce this ordinance and in furtherance of his authority shall: _. 1. Determine conformance of applications for building perrr,its with.regulations of this ordinance. 2. Issue all zoning certificates, following approval as required in this ordinance, and make and maintain records thereof. 3. Issue building permits. _ 4. Issue all certificates of occupancy, and make and maintain records thereof. 5. Issue permit for temporary parking and use of trailers. 6. Authorize, in writing, changes in Residence Districts signs that are more than 6 square feet in area. 7. Conduct inspections of uses of land and structures in accordance with due process of lowto determine compliance with the terms of this ordinance. 8. Maintain permanent and current records of the administration and enforcement of this ordi- nance, including, but not limited to, applications, processing and decisions for all amend- ments,variations and appeals, and chart and designate each (a) district line amendment, and (b) Special Use on the Zoning District Map. 9. Provide and maintain a public.information bureau relative to all matters pertainingto this ordinance. . 10.Receive, file and forward to the Zoning Board of Appeals all applications for variations, ap- peals of cther matters on which the Board is.required to act under this ordinance. 11. Forward to the Village Clerk all applications initially filed with.the Building Inspector for amendments, and other matters under this ordinance upon which.the Board of Trustees is required to act. 12. Provide such clerical and technical assistance as may be required by the Zoning Board of Appeals in the exercise of its duties. B. ZONING CERTIFICATES Except as hereinafter provided,no permit pertaining to the use of land or permit required by build- ing codes shall be issued by any officers, department, or employee of the Village, unless the applications.for such permits have been examined by the Building Inspector and hehas affixed thereon certifications indicating that the applications comply with the provisions of this ordinance. An application for a zoning certificate for a structure and the use thereof.or a land use which. requires compliance with performance standards set forth in general regulations of the Office-Re- search-Assembly Districts shall have affixed to it the certification of an architect or a structural engineer registered in the State of Illinois. Such certification shall state that the structure and the use thereof, or the use of land when no structure is involved, complies with.all provisions of this ordinance pertaining to such performance standards. The Building Inspector shall upon re- ceipt of such application, approve and authorize the issuance of a zoning certificate, provided there is compliance with all other provisions of this ordinance. Within 15 days after the date of such approval, the Building Inspector shall examine said application and if, in his opinion, the the structure and use thereof, or use of land not involving a structure, does not in fact comply with such performance standards regulations, he shall advise such architect, or structural en- gineer, in writing, of his findings, stating the reason or reasons therefor. Failure of the architect or structural engineer, to submit additional information ormake revisions in the application neces- sary to comply with performance standards within 30 days of such notification shall be cause for revocation of the zoning certificate. . C. FILING PLANS All applications for zoning certificates and building permits shall be accompanied by plans in —48— triplicate, including landscaping plans where required in ORA and 03, drawn to scale, not less than one foot equal to one-tenth of an inch, showing the actual shape and dimensions of the lot to be built upon, the exact size, area and location of the lot, of the structures and accessory structures existing,and the lines within which the structure shall be erected or altered, the exist- ing and intended use of each structure or part thereof, the number of dwelling units or lodging rooms a residential structure is designed to accommodate, the design and location of off-street parking facilities, vehicular drives, and out-door lighting, and such other information with regard to the lot and neighboring lots and performance standards as may be necessary to determine and provide for the enforcement of this ordinance. Applications involving single-family attached and semi-detached dwellings and multiple-family dwellings shall also be accompanied by architectural drawings showing all elevations and indicating building materials to be used on the exterior of the structure. D. CERTIFICATE OF OCCUPANCY No structure erected or altered hereafter shall be occupied or used in whole or in part forany purpose whatsoever until a certificate of occupancy shall have been issued by the Building In- spector stating that the structure complies with all the building and health laws and ordinances and with the provisions of this ordinance. , No change of use shall be made in any structure or part thereof now or hereafter erected or altered without a permit having been issued by theBuild- ing Inspector, and no permit shall be issued to make such.change unless it is in conformity with the provisions of this ordinance. , Nothing in this section shall prevent the continuance of the present occupancy or use of any existing structure, except as may be necessary for the safety of life and property. , Application of a certificate of occupancy shall be made coincident with the application for a building permit and such certificate shall be issued within 10 days after the erection or altera- tion of such structure has been completed. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having - proprietary or possessory interest in the structure affected. A fee of Two Dollars shall be charged for each original certificate and Fifty Cents for each copy thereof. E. ZONING BOARD OF APPEALS 1. Creation and Procedure a) The Zoning Board of Appeals for the Village, as established by Ordinance No. G-8 of the General Ordinances of the Village, is hereby continued and the members of such Board shall constitute the Zoning Board of Appeals under this ordinance. The successor to each member shall serve for a term of five years. b) All appointments to the Zoning Board of Appeals shall be made bythe Village President, subject to the approval of the board of Trustees. One of the members so appointed shall be named as Chairman at the time of apointment. The Village President, subject to ap- proval by the Board of Trustees, shall have the power to remove after a public hearing, any member of the Zoning Board of Appeals for cause. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of Chairman is vacated for any reason, the Village President shall immediately appoint at his option either one of the remaining members on the Board, or any member who is appointed to fill such vacancy on the Board as.the new Chairman. Such appointment shall be subject to the approval of the Board of Trustees as its next schedul- ed meeting. c) All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. .Al I testimony by witnesses at any hear- ing provided for in this zoning ordinance shall be given under oath. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of wit- nesses. All meetings of the Board shall be open to the public, at which time every in- terested person has the right to be heard or to be represented by a duly authorized agent or attorney. The Board shall keep minutes.of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall —49— also keep records of its examinations and other official actions. In every case where a variation is recommended, the Board shall include in its official report findings of fact specifying the reason or reasons for making or denying the variation. Every rule, regula- tion, every amendment or repeal thereof,and every order, requirement, decision or determi- nation of the Board shall immediately be filed in the office of the Village Clerk and shall be of public.record. d) The concurring vote of four members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector or to decide in favor of the applicant on any matter which it is authorized by this ordinance to render a decision. The Board shall make no recommendations except in a specific case and after public.hearing. , e) The Zoning Board of Appeals is hereby designated as the proper commission or committee to publish notices as required by statute and this ordinance pertaining to proposed amend- ments to this ordinance and to make a written report and recommendation to the Board of Trustees on any such proposed amendment. 2. Jurisdiction and Authority j The Zoning Board of Appeals is hereby invested with the following authority and jurisdiction; a) To hear and decide appeals from any order, requirement, decision or determination made by the Building Inspector or other authorized officials of the Village having jurisdiction j under this ordinance. b) To hear applications for variations from the terms provided in this ordinance in the manner and subject to the standards set forth in this section. c) To hold public.hearings in matters pertaining to applications for amendments and Special uses. , d) To hear all other matters referred to it or upon which.it is required to pass underthis ordinance. e) Submit reports to the Board of Trustees setting forth its findings and recommendations in the manner prescribed in this Section. F. APPEALS 1. Authority f The Zoning'Board of Appeals shall hear and decide appeals from an administrative order, requirement, decision or determination made by the Building Inspector or other authorized official of the Village having jurisdiction under this ordinance. 2. Initiation a) An appeal to the Zoning Board of Appeals maybe taken by any person aggrieved or by any officer, department, board or commission of the municipality. , The appeal shall be taken within such time as shall be prescribed by the Board by a general rule by filing with the officer from whom the appeal is taken and with the Eoard a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is.taken shall forthwith transmit to the Board all the papers constituting the record upon which the appeal action is taken. f { b) An appeal stays.all proceedings in furtherance of the action appealed from, unless the of- ficer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion cause imminent peril to life or property. In this event thepro- ceedings.shall not be stayed other than by an order of the Board or a court of record on application of and on notice to the officer from whom the appeal is taken, and on due cause being shown. 3. Processing a) An appeal shall be filed with the Village Clerk. The Village Clerk shall forward the op- peal to the Zoning Board of Appeals for processing in accordance with the Illinois Statutes. , f b) The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal j —50— and give due notice thereof to parties and shall decide the appeal within reasonable time. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determination as in its opinion ought to be made on the premises and to that end has all the powers of the official from whom the appeal is taken. 4. Decisions All decisions, after hearing of the Zoning Board of Appeals on appeals from an administrative order, requirement, decision, or determination of the Building Inspector or other authorized official of the Village of Oak Brook, shall, in all instances, be final administrative determi- nations and shall be subject to judicial review only in accordance with applicable Statutes of the State of Illinois. G. VARIATIONS i 1. Authority The Board of Trustees shall decide all applications for variations of the provisions of this ordinance after a public.hearing held before the Zoning Board of Appeals on such notice as shall be required by the Illinois Statutes. The Zoning Board of Appeals shall hold public hearings upon all applications for variations and shall report its recommendations to the Board of Trustees as to whether a requested variation would be in harmony with its gener- al purpose and intent, and shall recommend a variation only where it shall have made a find- ing of fact specifying the reason or reasons for recommending the variation. Such findings shall be based upon the standards prescribed in Section XIII G-4 of this ordinance. No varia- tion shall be granted by the Board of Trustees without such.findings of fact. In the case of a variation where the Zoning Board of Appeals fails to recon:rrend the variation, it can only be adopted by an ordinance with the favorable vote of two-thirds of the Trustees. i 2. Initiation An application for a variation shall be in triplicate and may be made by any governmental office, department, board, bureau or commission, or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual in- which may become a freehold interest, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation. I 3. Processing An application for a variation shall be filed with theVilloge Clerkwho shall forward one copy I 1 of such application to the Zoning Board of Appeals for processing in accordance with appli- cable Statutes of the State of Illinois and one copy to the Board of Trustees. 4. Standards a) The Zoning Board of Appeals shall not recommend a variation of the provisions of this ordinance as authorized in this section unless it shall have made findings of fact based upon the evidence presented to it on the following specific.issues that: (1) The property in question cannot yield a reasonable return if permitted to be usedonly under the conditions allowed by the regulations governing the district in which it is located. . (2) The plight of the owner is due to unique circumstances. (3) The variation, if granted, will not alter the essential character of the locality. b) For the purpose of supplementing the above standards, the Zoning Board of Appeals, in making the determination whether there are practical_ difficulties or particular hardships, I shall also take into consideration the extent to which the following facts,favorableto the applicant, have been established by the evidence that: (1) The particular physical surroundings, shape, or topographical conditions of the spe- cific property involved would bring a particular hardship upon the owner as distinguish- ; ed from a mere inconvenience if the strict letter of the regulation were to be carried out. (2) The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. i —51- i 1 i I i ' (3) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. (4) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public -. safety or substantially diminish or impair property values within the neighborhood. (5) That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. _ (6) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. c) The Zoning Board of Appeals may recommend and the Board of Trustees may require such conditions and restrictions upon the premises benefited by a variation as may be neces- sary to comply with the standards set forth in this section to reduce or minimize the in- jurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this ordinance. 5. Unauthorized Variations The variation procedure shall in no case be used to accomplish a result which could other- wise be achieved by rezoning of the property involved, such as, but not limited to,establish- ment or expansion of a use not permitted in a residence district; authorizing the construction of residences in other than residence districts; nor authorizing other than single-family de- tached residences in the RI, R2, R3 and R4 Districts. H. PLAN COMMISSION Jurisdiction The Plan Commission of the Village, which has been duly established with functions as pre- scribed by the Illinois Statutes, is the Plan Commission referred to in this ordinance, and shall have the following duties under this ordinance: 1. Receive from the Village Clerk copies of applications for purposed amendments and thereafter may submit its recommendations thereon to the Zoning Board of Appeals and Boardof Trustees. 2.• Receive from the Building Inspector copies of applications for proposed Special Uses and thereafter submit its recommendations thereon to the Building Inspector and Board of Trustees. 3.' Act on all other matters which are referred to it as required by the provisions of this ordi- nance. 4. Review, from time to time, the provisions of this ordinance and to make reports of its recorr:- mendat ion s.with respect to proposed amendments to the Board of Trustees. I. AMENDMENTS 1. Authority This ordinance may be amended from time to time by ordinance in accordance with applicable Illinois Statutes. No vote shall be taken upon the adoption of a proposed amendment by the Board of Trustees until after a public.hearing before the Zoning Board of Appeals anda report of its findings and recommendations has.been submitted to the Board of Trustees along with the recommendation of the Plan Commission. 2. Initiation of Amendment Amendments may be proposed by the Board of Trustees, Plan Commission or Zoning Board of Appeals, and by any person, firm or corporation having a freehold interest, a possessory in- terest entitled to exclusive possession, a contractual interest which may become a freehold interest or any exclusive possessory interest which is specifically enforceable on the land which is described in the proposal for an amendment. _ 3. Processing a) A proposal for an amendment shall be filed with the Village Clerk and thereafter enter- ed into the records of the first meeting thereafter of the Board of Trustees. —52- 1 b) A copy of such proposal shall be forwarded by the Village Clerk to the Zoning Board of Appeals with a request to hold a public hearing and submit to the Board of Trustees a report of its findings and recommendations. Such.publichearing shall be held uponnotice as required by Illinois Statutes. , c) The Village Clerk shall also transmit a copy of such.proposal to the Plan Commission. The Plan Commission shall submit an opinion report relative to such proposed amendment to the Zoning Board of Appeals and Board of Trustees. . 4. Decisions The Board of Trustees, upon report of the Plan Commission, if such.report is made, and the report of the Zoning Board of Appeals, and without further public hearing, may vote upon the adoption of any proposed amendment in accordance with applicable Illinois Statutes, or may refer it back to the Boards for further consideration. ; J. SPECIAL USES 1. Purpose The development and execution of the zoning ordinance is based upon the division of theVil- loge into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures,as related to the land,are essentially uniform. It is recog- nized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public.need for the par- ticular use or the particular location. .Such special uses fall into two categories: a) Uses operated by a public agency or publicly-regulated utilities, or uses traditionally af- fected with a public interest. b) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upor, neighboring property or public facilities. 2. Authority Special uses shall be authorized or denied by the Village Board in accordance with the Statutes of the State of Illinois.applicable to amendments of this ordinance, and the regula- tions and conditions set forth in this ordinance for special uses. No application for a special use shall be acted upon by the Village Board until after: a) A written report is prepared and forwarded to the Board of Appeals and the Village Board by the Plan Commission in a manner prescribed herein for amendments to this ordinance; and b) A public hearing has.been held by the Zoning Board of Appeals, after due notice bypubli- cation as provided by the applicable Statutes of the State of Illinois for amendments and upon a report of the Plan Commission to the Board of Trustees, if such a report is made. 3. Initiation An application for a special use may be made by any person, firm or corporation or by anyof- fice, department, board, bureau or commission requesting or intended to request a zon- ing certificate. 4: Processing An application for a special use, in such form and accompanied by such.information as shall be established from time to time bythe Plan Commission, shall be filedwith.the Village Clerk and thereafter processed in the manner prescribed theretofore forapplications and amendments. 5. Decisions. The Village Board, upon report of the Zoning Board of Appeals and the Plan Commission, and without further hearing,may authorize or deny an application for a special use in accord- once with the Statutes of the State of Illinois applicable to amendments,or may refer it back to the Board of Appeals and the Plan Commission for further consideration. No special use shall be authorized by the Village Board unless the special use: a) is deemed necessary for the public-convenience at that location; —53— b) is "so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and c) would not cause substantial injury to the value of other property in the neighborhood in which it is located. 6. Conditions The Plan Commission and Zoning Board of Appeals may recommend, and the Village Board may provide, such.conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for off-street parking and loading as may be deemed necessary to promote the general objectives of this ordinance and to mini- mize the injury to the value of the property in the neighborhood. K. FEES Except when an amendment is proposed by the Board of Trustees, the Plan Commission orthe Zoning Board of Appeals, a fee in accordance with.the following schedule shall accompanya proposal for an amendment or an application for a special use, variation or appeal, and shall be deposited with the Village Clerk by or on behalf of the person making such.proposal or appli- cation: 1. Application for amendment or Special Use . . . . . .$150. 2. Application for variation. . . . . . . . . . . . . . . . . .. 100. 3. Application for appeal . . . . . . . . . . . . . . . . . . .$ 10. L. . VIOLATION, PENALTY AND ENFORCEMENT :. 1. Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with.or who resists enforcement of any of the provisions of this ordinance shall, upon con- viction, be fined not less than$25 nor more than$500 for each offense. Each daythat a viola- tion is permitted to exist shall constitute a separate offense. , 2. The Building Inspector is hereby designated and authorized to enforce this ordinance. How- ever, it shall also be the duty of all officers, citizens and employees of the Village,particu- larly of all members of the police and fire departments, to assist the Building Inspector by reporting to him any new construction, reconstruction, improper land uses, or upon seeming violations of the Ordinance. t —54— SECTION XIV RULES AND DEFINITIONS In the construction of this ordinance the rules and definitions contained in this section shall be ob- served and applied, except when the context clearly indicates otherwise. A. RULES 1. The present tense include the future and the future the present; the singular number includes the plural and the plural the singular; the word "shall" is mandatory, and the word "may" is permissive. 2. The material under each caption or heading in this ordinance shall be construed and limited in a manner consistent with.the applicable captions or headings and sub-headings. , B. DEFINITIONS The following words and terms, when used in this.ordinance, shall have the meaning set forth after each: 1. ABUTTING — to have a common property line or district line. . 2. ACCESSORY — a use, structure, or part of a structure, which: a) Is subordinate to and serves the principal use or structure b) Is subordinate in area, extent or purpose to the principal use or structure c) Contributes.to the comfort, convenience or necessity of occupants of the principal use or structure d) Is located on the some lot as the principal use or structure served, with the exception of accessory off-street parking facilities as.are permitted elsewhere than on the same lot with the use or structure 3. ADJACENT — lying near 4. ADJOINING — touching or contiguous, as distinguished from lying near 5. AGRICULTURE —farming, dairying, pasturage, agriculture, horticulture, floriculture, viti- culture, and animal and poultry husbandry and accessory uses customarily incidental to normal agricultural activities. , 6. AIRPORT — a lot which is used, or intended, for*the landing and take-off of aircraft, to- gether with.all structures located thereon 7. ALLEY — a public or private right-of-way, other than a street, less than 30 feet in width which right-of-way normally affords secondary means of access toabutting properties. 8. ALTERATION — a change in size, shape, character or use of a structure. 9. AUTOMOBILE LAUNDRY — a building or portion thereof containing facilities for washing more than two motor vehicles, using production line methods. 10. AUTOMOBILE SERVICE STATION — a building or portion thereof or lot used forofferingfor sale at retail to the public, fuels, oils and accessories for motor vehicles; where repair service is incidental, where no storage or parking space is offered for rent and where no motor vehicles or boats are offered for sale or rent. When such dispensing, sale oroffering for sale is incidental to the conduct of a public garage, the premises are classified as a public.gorage. 11. AWNING — a roof-like projection, rigid or retractable in operation, which projects fromthe wall of a building. . 12. BASEMENT—a story having part but not more than one-half of itsfloor toclearceiling height below grade. When a basement is used for storage, or garages for use of occupants ofthe building,or other facilities common for the operation and maintenance of the entire building, it:shall not be counted as a story. 13. BI-LEVEL—a dwelling have one story at approximate grade level and a second story one- half story higher over a habitable basement approximately one-half of which basement is above grade level. —55— e � .14. BLOCK — a tract of land bounded by streets,or by a combination of streets, railroad rights- of-way, public parks, Permanent Open Space, and other lines of demarcation. A block may be located in part beyond the corporate limits of the Village. 15. BOARD OF TRUSTEES — The President and Board of Trustees of the Village of Oak Brook, Illinois. 16. BUILDABLE AREA — that portion of a lot which meets at least the minimum width require- ments and set-back lines of the district within which it is located (see LOT WIDTH). 17. BUILDING — a structure having a roof designed or built for the enclosure, shelter or protec- tion of persons,animals, chattels, or movable property of any kind and which is permanently affixed to the land. 18. BUILDING, PRINCIPAL — a non-accessory building in which the primary use of the lot on which it is located is conducted. 19. 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. 20. BUILDING, COMPLETELY ENCLOSED — a building with a permanent roof separated on all sides from the adjoining open space or from other structures, by exterior walls orporty walls, pierced only by windows and normal entrance and exit doors. 21. BUILDING TEMPORARY — a building not designed or intended to be permanently located at the place where it is, or where it is intended to be, placed or affixed. 22. BUILDING, DETACHED — a building surrounded by open space on the some lot. 23. BUILDING INSPECTOR — the official of the Village, duly appointed and designated as its.Building Inspector. 24. BULK — the term used to indicate the size, location and number of structures, including (a) size and height of structures; (b) location of exterior walls; (c) Floor Area Ratio; (d) open space allocated to structures; and (e) lot area and lot width. 25. BUSINESS — an occupation, employment, or enterprise which occupies time, attention, labor and materials; or wherein merchandise is exhibited or sold or services are offered. 26. CANDLE POWER — the luminous intensity, as evaluated in effectiveness of stimulating visual sensation, of any radiation in a given direction. The International Candle has been adopted in 1940 as 1/60 of the brightness of freezing platinum. 27. CARPORT — a roofed automobile shelter, with two or more open sides. 28. CELLAR — a story having more than one-half of its floor to clear cei ling height below grade. A cellar is not included in computing the number of stories for the purpose of height measure- ment. 29. CLINIC, MEDICAL OR DENTAL — a building or portion thereof, the principal use ofwhich is for offices of physicians or dentists,or both,for the examination and iretrtment of persons on an out-patient basis. 30. CLOSED CUP FLASH POINT—the lowest temperature at which a combustible liquid under the most favorable condition will give off a flammable vapor which will burn immediately. 31. CLUB OR LODGE, PRIVATE — a structure or part thereof used by a not-for-profit associa- tion of persons who are bonafide members and where facilities are restricted to members and their guests. Food and alcoholic beverages may be served on its premises provided they ore secondary and incidental to the principal use. 32. COCKTAIL LOUNGES — an establishment where refreshments having alcoholic contents,as stipulated by law, are sold to be consumed on the premises, but not including restaurants where the principal business is the serving of food, except restaurants where accessory cocktail lounges are permitted by district regulations of this ordinance. 33. CONFORMING STRUCTURE —any structure which: (a) complies with all the regulations of this ordinance governing the district in which said structure is located; or (b) is designed or intended for a permitted use or special use, as allowed in this ordinance inthe district in which it is located. 34. COURT — an open unoccupied space, other than a yard, on the same lot with a buiIdingor group of buildings,and which is bounded on two or more sides by such building or buildings. 35. DRIVE-IN ESTABLISHMENT — a structure or part thereof in which are provided facilities primarily for serving patrons parked in automobiles on the premises. —56— 36. DWELLING—a building or portion thereof designed or used exclusively for residential uses, including single-family and multiple-family dwellings, but not including mobile homes or other trailers, or lodging rooms in hotels, motels or lodging houses. ` 37. DWELLING, ATTACHED (Town House, Group, Row or Garden Apartment) — a multiple- family dwelling originally designed and constructed to accommodate three or moredwelling units, with the dwelling units joined together by party wall or walls, and being not more than two stories in height. Each unit shall have its own ground floor entrance and living space. 38. DWELLING, DETACHED — a dwelling which is surrounded on all sides by open spaces on the same lot. 39. DWELLING, MULTIPLE-FAMILY — a dwelling containing two or more dwelling units. 40. DWELLING, SINGLE-FAMILY — a dwelling containing one dwelling unit only. 41. DWELLING, SEMI-DETACHED (Town House, Group, Row or Garden Apartment) — a dwelling joined to one other dwelling by a party wall,or vertical cavity wall, and above ground physi- cally unifying horizontal structural elements. 42. DWELLING UNIT — one or more rooms .which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed to serve the entire family, shall always be included within each dwel- ling unit. 43. EFFICIENCY UNIT — a dwelling unit consisting of one principal room, exclusive of bath- room, kitchen, hallway, closets, and may contain dining alcove directly off the principal room provided that such dining alcove does not exceed 125 square feet in area. 44. ELECTRIC DISTRIBUTION CENTER— a terminal at which electric energy is received from the transmission system and is delivered to the distribution system only. 45. ELECTRIC SUBSTATION — a terminal at which electric energy is received from the trans- mission system and is delivered to other elements of the transmission system and,generally to the local distribution system. 46. ERECT — to construct or reconstruct or excavate, fill, drain, or conduct physical operation of any kind in preparation for or in pursuance of construction or reconstruction or to move a structure upon a lot. 47. ESTABLISHMENT, BUSINESS — a structure, or lot, used in whole or in part as a placeof business, the ownership or management of which is separate and distinct from the owner- ship or management of any other place of business located on the some or other lot. 48. FALLOUT SHELTER —an assessory structure and use which incorporates the fundamentals for fallout protection - shielding mass, ventilation, and space to live, and which is con- structed of such materials, in such a manner, as to afford to the occupants substantial pro- tection from radioactive fallout. It shall not be used for storage purposes, other than for food, clothing, medical supplies, and materials required for temporary shelter. 49. FAMILY — one person or two or more persons each related to the other by blood„marriage, or legal adoption, or a group of not more than three persons not all so related,together with his or their domestic servants,maintaining a common household in a dwelling unit. A family may include, in addition thereto, not more than two roomers, boarders, or permanent guests- whether or not gratuitous. 50. FENCE — a structure used to delineate a boundary or as a barrier, or as a means of con- finement or for confinement. 51. FENCE, OPEN — a fence including gates, which has, over its entirety, 50 percent of the surface area in open space as viewed from an angle of 90 degrees from the fence line,except that the required open space in louver-type fences may be viewed from any angle, and ex- cluding metal fences with more than 75 percent of its surface area open space. 52. FENCE, SOLID — a fence, including gates, which conceals from view from adjoining proper- ties, street or alleys, activities conducted behind it. 53. FLOOR AREA - FOR DETERMINING FLOCR AREA RATIO — the sum of the gross hori- zontal area of the several stories including the basement of a building, measured from the exterior faces of the exterior walls, or from the center lines of walls separating two build- ings. The floor area shall also include the horizontal areas on each story devoted to: (a) el- evator shafts and stairwel Is; (b)mechanical equipment, except that located on roofs whether —57— open or enclosed, i.e., bulkheads, water tanks, and cooling towers; (c) habitable attic space as permitted by the building Code of the Village; (d) interior balconies and mezzanines; y (e) enclosed porches; and (f) accessory uses. The horizontal area in each storyof a building devoted to enclosed off-street parking and off-street loading facilities shall not be included in the floor area. 54. FLOOR AREA - FOR DETERMINING OFF-STREET PARKING AND OFF-STREET LOAD- ING REQUIREMENTS — floor area when prescribed as the basis of determining off-street _ parking and off-street loading requirements shall be the sum of the gross horizontal area of the several stories of a structure taken from glass line to glass line and including the structure's primary and permanent working area, but excluding (a) basement, (b) storage space, (c) space permanently devoted to public use (such.as elevator shafts and lobbies interior stairwells, rest rooms, common corridors); and (d) space permanently devoted to building maintenance and operation (such.as rooftop mechanical penthouses for the con- j tainment of such uses as heating and air conditioning equipment, elevator mechanisms, and cooling towers; janitorial workrooms and storerooms; electrical cabinets; and duct work). 55. FLOOR AREA RATIO — the numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. (The Floor Area Ratio as designated for each.district, when multiplied by the lot area in square feet, shall determine the maxi- mum permissible floor area for the building or buildings on the lot.) 56. FOOT-CANDLE — a unit of illumination, equivalent to the illumination at all points which are one foot distant from a uniform point source of one candle power. 57. FOOT-LAMBERT - a unit of brightness, usually of a reflecting surface. A diffusion sur- face of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot distant over one square foot has a brightness of one foot-lambert. 58. FREE BURNING — the rate of combustion of a material which burns actively, and easily supports combustion. 59. FREQUENCY — signifies the number of oscillations per second in a sound wave and is an j index of the pitch of the resulting sound. 60. GARAGE, PUBLIC — a building or portion thereof, other than a storage garage, designed or used for equipping, servicing, repairing motor vehicles. Hiring, selling and storing of motor vehicles may be included. 61. GARAGE, STORAGE —a building or portion thereof designed or used exclusively for storage of motor vehicles and in which fuels and oils are not sold, except as regulated in this or- dinance, and in which no motor vehicles are equipped, repaired, hired and sold. 62. GROSS DENSITY — ratio between total number of dwelling units on a lot and total lotarea in acres. The area to include local streets. 63. GUEST, PERMANENT — a person who occupies or has the right to occupy a lodging house, hotel,apartment hotel, or motel accommodation as his place of permanent residence. 64. HELIPORT (NOT FOR FREIGHT) — a lot or roof area of a structure which is used, or in- tended for the landing and take-off of helicoptors, not for freight. 65. HOME OCCUPATION—a gainful occupation or profession conducted entirely within a dwell- ing unit. 66. HOTEL — a building or buildings - sometimes designated as a motel, motor inn or highway hotel - containing not less than 50 lodging rooms,where lodgings are provided for compensa- tion, but excluding apartment hotels as defined in this ordinance. A hotel may include dining and meeting rooms, and business uses commonly incidental to a hotel operation. 67. HOTEL, APARTMENT — a hotel in which more than 50 percent of the accommodations are in dwelling units occupied or intended for occupancy by permanent guests. 68. INSTITUTION—a building occupied by a religious, eductionaal, scientific.or charitable not- for-profit corporation or organization, wholly for public.or semi-public.use. 69. JUNK YARD — a lot, with or without accessory structures, used for the obandoment,storage, keeping,collecting, buying, selling,exchanging, baling, packing, disassembling,or handling scrap or discarded materials - including vehicles, machinery and equipment not in operable condition, or parts thereof, and other metals, paper, rags, rubber tires and bottles. 70. KENNEL — a place or premises where dogs, cats, or other household domestic animalsare maintained, boarded, bred, or cared for, in return for remuneration,or are kept for the purpose of sale. i t f —58- 1_ i 71. LAMBERT — 1/929 of afoot-lambert, usually used to designate intrinsic brightness of light ` sources. 72. LAUNDERETTE — a business that provides coin operated self-service washing, drying, dry-cleaning or ironing facilities, providing ° 'buildin or oeo'n the same lot as the principal 73. LOADING BERTH—a space within the principal 9 building providing for the standing, loading or unloading of trucks and with access to a street or alley. 74. LODGING HOUSE — a building originally designed for and used as a single or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family and where lodging or meals, or both, are provided for compensation for three or more persons. 75. LODGING ROOM — a room or suite of rooms rented as sleeping and living quarters,but with- out cooking facilities. In a suite of rooms, each room which provides sleeping accommoda- tions.shall be counted as one lodging room for the purpose of this ordinance. 76. LOT — a parcel of land which (at the time of filing for a building permit) is designated by its owner or developer as a parcel to be used,developed,or built upon as a unit,under single ownership or control. Therefore, a "lot" may or may not coincide with a lot of record. 77. LOT AREA — the area of a horizontal plane bounded by lot lines. 78. LOT, CORNER — a lot of which at least two adjacent sides abut for their full lengths upon streets, provided that the interior angle of the intersection of such two sides is less than j 135 degrees. 79. LOT, INTERIOR — a lot that is not a corner lot. 80. LOT, LINES — the property lines bounding a lot. j 81. LOT LINE, FRONT — the boundary of a lot abutting a street. On a corner lot, either lot line may be construed to be the front lot line by the owner. 82. LOT LINE, INTERIOR — a lot line which does not abut a street. 83. LOT LINE, REAR—an interior lot linewhich is most distant from and is or is almost parallel to the front lot line, and in the case of an irregular - or triangular -shaped lot a line 10 feet in length within the lot,which is parallel to and at maximum distance from the front lot line. , 84. LOT LINE, SIDE — an interior lot line which is not a front lot line or a rear lot line. 85. LOT LINE ADJOINING A STREET — a front lot line, the side late line of a corner lot which abuts a street, or a rear lot line of a through lot. 86. LOT OF RECORD — a single lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of DuPage County, Illinois. 87. LOT, REVERSED CORNER — a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. 88. LOT,THROUGH — a lot having frontage on two streets, but excluding corner or reversed corner lots. 89. LOT WIDTH — see BUILDABLE AREA. I 90. MANUFACTURING ESTABLISHMENT — a lot and structure, the principal use of which is manufacturing, fabricating, processing, assembling, repairing, storing, cleaning, servicing, or testing of materials, goods or products. 91. MARQUEE — a roof-like structure of a permanent nature which projects from the wall of a building. 92. MICRON — a unit of length, equal to one-thousandth part of one millimeter — .001 millimeter. 93. MOBILE HOME — a trailer designed and constructed or used for dwelling purposes which contains cooking, sanitary and electrical facilities, and has a gross floor area of 420 square feet or more. , 94. MOTOR VEHICLE — a passenger vehicle, truck, truck-trailer, trailer, or semi-trailer pro- pelled or drawn by mechanical power. , 95. NAMEPLATE — a sign indicating the name and address of a building, or the name of on occupant thereof, and the practice of a permitted occupation therein. 96. NO-ACCESS STRIP — a strip of land within and along a rear lot line of a through lot adjoin- ing a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted. , —59— i n ' w K 97. NON-CONFORMING STRUCTURE — a structure lawfully established which: (a) does not comply with all the regulations of this ordinance governing the bulk of the district inwhich such structure is located; or (b) is designed or intended for a non-conforming use. 98. NON-CONFORMING USE — a structure and the use thereof or the use of land thatdoes not conform with the regulations of this ordinance governing use in the district in which it is located but which conformed with all of the codes, ordinances and other legal requirements applicable at the time such structure was erected, enlarged or altered, and the use thereof or the use of land was established. 99. NURSERY SCHOOL — a building containing facilities for the part-time care of five or rmore children of pre-elementary school age - in addition to the dwelling unit of the family resid- ing therein. 100. NURSING HOME - a building containing facilities for the care of and occupancy by aged, chronically ill, infirm or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three or more persons not members of the family residing onrthe premises are received,and provided with food, shelter and care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness. , 101. OCTAVE BAND — a method of dividing the range of sound frequences into octaves inorder to classify sound according to pitch. 102. ODOR — the minimum concentration of odorous matter in the air that can be detected as an odor. 103. ODOR THRESHOLD — the minimum concentration of odorous matter in the air that can be detected as an odor. Odor thresholds for many materials and compounds can be found Table III, Chapter 5, of "Air Pollution Abatement Manual," copyrighted 1951 by the Manu- facturing Chemists Association, Inc., Washington, D.C. 104. OFF-STREET PARKING FACILITY—a lot which.is improved and used or a structure which is.designed and used exclusively for the storage of passenger motor vehicles,either for ac- cessory off-street parking spaces or commercial off-street parking spaces. 105. OPEN LAND — a single parcel of land in its natural state or used for agriculture,or outdoor recreational uses upon which there are located only structures incidental to the operationof such uses and upon which building coverage does not exceed two percent of the area. 106. OPEN SALES LOT - a lot occupied or used for the purpose of buying, selling, or renting merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes auto- mobiles, trucks, motor scooters, motocycles, boats or similar commodities. 107. PARKING SPACE —a space, enclosed.in a building or unenclosed, used for the parking of one automobile and which is accessible to and from a street or alley. 108. PARTICULATE MATTER — finely divided solid or liquid matter, other than water, which is released into the atmosphere. 109. PARTY WALL — an interior wall of adjoining buildings extending from its footing tothe underside of the roof,and which separates and is in common use by such adjoining buildings. 110. PERFORMANCE STANDARD — a criteria established to control smoke and particulate matter, noise, odor, toxic matter, vibration, fire and explosion hazards, glare and heat,and radiation hazards generated by or inherent in uses of land or structures. , 111. PLAN COMMISSION — the Plan Commission of the Village of Oak Brook, Illinois. 112. PYROPHORIC DUST — a dust in a finely-divided state in such.concentration as to be com- bustible or explosive in air. 113. RADIATION HAZARDS—the deleterious and harmful effects of all ionizing radiation which shall include all radiation capable of producing ions in its passage through other matter. Such radiations shall include, but not be limited to, electromagnetic radiations such as x-rays and gamma rays and particulate radiations such as electrons or beta particles,protons, neutrons, and alpha particles. 114. RESEARCH LABORATORY—a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. 115. RESERVOIR PARKING SPACES — these off-street parking spaces allocated for temporary stand of automobiles awaiting entrance to a particular establishment. —60— 116. RINGELMANN CHART — the chart described in the U. S. Bureau of Mines Information Cir- cular 6888, on which are illustrated graduated shades of gray for use in estimating the light- obscuring capacity of smoke — smoke density. 117. RINGELMANN NUMBER — the number of the area on the Ringelmann Chart thatcoincides most nearly with the visual density of emission or the light-obscuring capacity of smoke. 118. ROADWAY — that portion of a street which is used or intended to be used for the movement of vehicles. 119. SETBACK — the minimum horizontal distance between a street line and any part of a struc- ture, or any edge of the area of operation of a principal use when no structure is involved. 120. SIGN — an accessory structure used for the purpose of directing attention to a business, commodity, service, profession or other principal use or activity conducted, sold, offered, or rendered the some on lot upon which the sign is located. A sign shall not include any display of any court, public or official notice, nor shall it include the flag, emblem, insignia of a nation, political unit, school, religious or charitable institution or organization. A sign shall also include a permanent sign located within an enclosed building such as a manner as to be viewed or intended for view primarily from the exterior of the building. 121. SIGN, ADVERTISING — a sign on which is portrayed information which directs attention to a business, commodity, service, or entertainment or other activity not necessarily related to uses permitted on the lot upon which the sign is located. . 122. SIGN, BUSINESS —a sign which directs attention to a business,commodity, service,enter- tainment, or other activity conducted upon the lot upon which such sign is located. 123. SIGN, FLASHING — an illuminated sign on which.the artificial light is not maintainedcon- stunt or stationary in intensity or color at all times when such sign is in use. For the pur- pose of this ordinance, a revolving sign, or any advertising device which attracts attention by moving parts, operated by mechanical equipment or movement is caused by natural sources, whether or not illuminated with.artificial lighting, shall be considered a flashing sign. 124. SIGN, GROSS SURFACE AREA OF — the entire area within a single continuous perimeter enclosing the extreme limits of a sign. 125. SIGN, GROUND — a free-standing sign which is supported by one or more uprights or braces. 126. SIGN, PROJECTING — a sign which is affixed to a structure and extends beyond thewall or parts thereof. 127. SMOKE — the visible discharge from a chimney, stack, vent, exhaust, or combustion process 128 which is made up of particulate matter. 128. SMOKE UNIT — the number obtained when the smoke density in the Ringelmann Numberis multiplied by the time of emission in minutes. For the purpose of this calculation: (a) a Ringelmann densityreading shall be rnade at leastonce a minute duringthe period of observa tion; (b) each reading is then multiplied by the time in minutes during which it is observ- ed; and (c) the various products are then added together to give the total number of smoke units observed durinS the entire observation period. , 129. SOUND LEVEL — the intensity of sound of an operation or use as measured in decibles. 130. SOUND LEVEL METER — an instrument standardized by the American Standards Associa- tion for the measurement of the intensity of sound. . 131. STABLE, PRIVATE — a private stable is any building which is located on a lot on which a dwelling is located,and which is designed,arranged,used or intended to be used for housing horses for the private use of occupants of the dwelling. 132. STABLE, PUBLIC — a building where horses are kept for remuneration, hire or sale. 133. STORY — that portion of a building, other than a cellar, included between the top surface of the next floor or roof above, except that a space used exclusively for the housing of me- chanical services of the building shall not beconstrued to be a story if accessto such space may be had only for maintenance of such services. The floor of astory may have split levels provided that there are not more than four feet difference in elevation between the different levels of the floor. A basement shall be counted as.a story and a mezzanine floor shall be counted as.a story when it covers.over one-third the area of the floor next below it,or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more. —61 r y 134. STORY, HALF — a partial story under a gable, hip or gambrel roof, the wall plates ofwhich on at least two opposite exterior wal Is are not more than 3 feet above the floor of such story. 135. STREET — a permanent public or private right-of-way which affords a primary means of ac- cess to abutting property. 136. STREET FRONTAGE — all of the property fronting on one side of a street between two intersecting streets,or in the case of a dead-end street, all of the property along one side of the street between an intersecting street and the end of such dead-end street. 137. STREET, INTERNAL — a street not located along the exterior boundaries ofa Planned Development. -- 138. STREET LINE — the street right-of-way line. 139. STRUCTURAL ALTERATION — any change in the supporting members of a structure, such as bearing walls, columns, beams, or girders; or any substantial change in the roof or in the exterior walls, excepting such.repair or replacement as maybe required for the safety of the building. 140. STRUCTURE — anything constructed.br erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to buildings, signs, and pavements. ' 141. STRUCTURE HEIGHT — the height of a structure as measured from an elevation determined by averaging the elevations of all corners in the perimeter wall of the structure to the highest point on the roof (see V-K). 142. THREE COMPONENT MEASURING SYSTEM — instruments which measure simultaneously earthborne vibrations in horizontal and vertical planes. 143. TOWN HOUSE, GROUP, ROW OR GARDEN APARTMENT — (a) a dwelling joined to two other dwellings by party walls, vertical cavity walls, or above-ground physically unifying horizontal structural elements; (b) a dwelling joined to one other dwelling by a party wall, and above ground physically unifying horizontal structural elements. 1". TOXIC MATTER — those materials which are capable of causing injury to living organisms by chemical means. 145. TRAILER — a vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for,the use as an accessory structure in the conduct of a business, trade, or occupation, and which may be used as a conveyance on streets and highways, by its own or other motive power. 146. USE — the purpose of activity for which the land and structures thereon, is designed,arrang- ed, or intended, or for which.it is occupied or maintained, and shall include any manner of performance of such activity with.respect to the performance standards of this ordinance. 147. USE, SPECIAL — a use that has unusual operational, physical, or other characteristics that may be different from thoseof the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made,compatible with the intended over- all developmentwithin a district. Compliancewith special standards not necessarily appli- cable to other permitted uses or special uses in the district shall be required for a Special Use, as regulated in this ordinance. 148. USE, LAWFUL — the use of any structure or land that conforms with all of the regulations of this ordinance or any amendment hereto and which-conforms with all of the codes, ordi- nances, and other legal requirements,as existing at the time of the enactment of this ordi- nance or any amendment thereto, for the structure or land that is.being examined. 149. USE, PERMITTED — a use which.is or may be lawfully established in a•particular district provided it conforms with all requirements,regulations, and when applicable, performance standards of this ordinance for the district in which.such use is located. . 150.. USE, PRINCIPAL — the dominant use of land or structures as distinguished from a sub- ordinate or accessory use. 151. VIBRATION — the periodic displacement, measured in inches, of earth.at designated fre- quency — cycles per second. 152. VILLAGE — the Village of Oak Brook, Illinois. . 153. VILLAGE CLERK — the Village Clerk of the Village of Oak Brook,Illinois. , 154: VILLAGE ENGINEER — the official of the Village; duly appointed and designated as the Village Engineer. i . f —62— 155. VILLAGE PRESIDENT — the Village President of the Village of Oak Brook, Illinois. 156. YARD — a required open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this ordinance. 157. YARD, FRONT — a yard which is bounded by the side lot lines, front lot line, and the front yard line. 158. YARD LINE, FRONT — a line in a lot that is parallel to the front lot line and which is not nearer to the front lot line at any point than the required front yard depth. 159. YARD LINE, REAR — a line in a lot that is parallel to the rear lot line and which is not nearer to the rear lot line at any point than the required rear yard depth. 160. YARD LINE, SIDE — a line in a lot that is parallel to the side lot line and which is not nearer to the side lot line at any point than the required side yard depth. 161. YARD, REAR—a yard which is bounded by side lot lines, rear lot line, and tine rear yard line. , by the rear yard line, front yard line,side yard 162. YARD, SIDE — a yard which is bounded line, and side lot line. 163. YARD ADJOINING A STREET, SIDE — a yard which.is bounded by the front yard line, side yard adjoining a street line, rear yard line and side lot line adjoining a street. 164. YARD, INTERIOR SIDE — a side yard which.adjoins another lot or an alley separating such side yard from another lot. 165. ZONING BOARD OF APPEALS— the Zoning Board of Appeals of the Village of Oak Brook, Illinois as created under this ordinance. 166. ZONING COMMISSION — the Zoning Commission of the Village of Oak Brook, Illinois. 167. ZONING DISTRICTS — the districts into which.the Village of Oak Brook, Illinois has been divided as set forth on the Zoning District Map, for the purpose of zoning regulations and requirements. 168. ZONING DISTRICT MAP — the Zoning District Map of the Village of Oak Brook, Illinois. . —63 APPENDIX MINIMUM STANDARDS OF PARKING SPACES, AISLES, AND PARKING BAYS PARKING SPACE AND AISLE DIMENSIONS WIDTH OF PARKING BAYS* Width of Depth of Type of Parking Space Arrangement Space Space Angle of Width.of Parallel Perpendicular Width of Inter- Head-In Back-In Parking ace to Aisle to Aisle Aisle meshing to Curb to Curb 8'6" 1210" 1790" 11'6" 43'0" 43'10" 490001 45° 42'10" 43'8" 49'2" 99011 12'9" "17'0 11'0" A 806�� 9'10" 18'0" 18'0" 53'5" 52'7" 57'8" .600 ,� 52'8" 51'0" 5702,0 90 105 180 170. �. 896pl 8,6„ 1800" 2910" 6102" 6500" 90° 99090 9p0l, 18'061 27,01# 59'2*9 63POOP *Parking bay consists of two rows of parking spaces and one aisle. (Adopted from Traffic Design of Parking Garages, The Eno Foundation for Highway Traffic Control, 1957.) APPENDIX II ACCESS DRIVEWAY FROM STREETS TO OFF-STREET PARKING AND LOADING SPACES 1. WIDTH OF DRIVEWAYS (measured at the lot Line adjoining a street) a. Residential Uses Not less than 9 feet wide or more than 22 feet wide. b. Non-Residential Uses (1) Not less than 14 feet wide or more than 20 feet wide for a one-way driveway. (2) Not less than 20 feet wide or more than 35 feet wide for a two-way driveway serving 20 or fewer parking spaces or one loading space. (3) Not less than 24 feet wide or more than 35 feet wide for a two-way driveway serving more than 20 parking spaces or two or more loading spaces. 2. RADIUS CONNECTING STREET PAVEMENT EDGE AND DRIVEWAY EDGE a. In Residence and Institutional Districts jNot less than five feet, except driveways more than 20 feet in width, not less than 8 feet. j b. In Business and ORA Districts (1) Not less than 15 feet at the intersection of a driveway and street pavement in a street having a right-of-way more than 66 feet wide. (2) Not less than 8 feet at the intersection of a driveway and a street pavement in street hav- ing a right-of-way of 66 feet or less in width. . 3. ANGLE AT INTERSECTION OF A DRIVEWAY AND STREET. The acute angle forrred at the intersection of driveway and street pavement edges shall be not less than 60 degrees. 4. SPACING BETWEEN SEPARATE DRIVEWAY ENTRANCES ON A LOT (measured at the lot line adjoining a street) a. Not less than 20 feet on streets having rights-of-way more than 66 feet in width. b. Not less than 10 feet on streets having rights-of-way 66 feet or less in width. i 5. ON CORNER LOTS — SPACING BETWEEN DRIVEWAY ENTRANCE AND RIGHT-OF-WAY LINE OF AN ADJACENT INTERSECTING STREET (measured from the nearest edge of the driveway pavement at its intersection with the street right-of-way line to the nearest right-of-way line of an adjacent intersecting street) a. Not less than 15 feet to an adjacent intersecting street having a right-of-way more than 66 feet in width. _ b. Not less than 8 feet to an adjacent intersecting street having a right-of-way 66 feet or less in width. —65—