G-173 - 05/27/1975 - ZONING - Ordinances{� . Y
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ORDINANCE NO. (5-173
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AN ORDINANCE A:IENDING SECTION V, B OF ORDINANCE NO. G-60) THE ZONING ORDI-
NANCE OF THE VILLAGE OF OAK BROOK, DU PAGE COUNTY, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village
of Oak Brook, DuPage County, Illinois, that
SECTION 1 : An Amendment to the Zoning Ordinance of the Village
of Oak Brook has been proposed by the Zoning Board of Appeals and recom-
mended to the President and Board of Trustees after a Public Hearing, pur-
suant to required public notice, was held before the Zoning Board of Ap-
peals on May 6, 1975.
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SECTION 2: The findings and affirmative recommendation of the
Zoning Board of Appeals and the report of the Plan Commission concerning
said Amendment have been received by the President and Board of Trustees.
' j SECTION 3: Section V, B of Ordinance No. G-60 is hereby amended
to read as follows:
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 al-
tered, converted, or relocated in such a manner as to
conflict with the bulk regulations of this ordinance for
the district in which such structures are located.
2. A buildable lot of record in a Residence District at
the effective date of this ordinance which is unable
to meet the requirements of this ordinance as to area,
width, or side yard may be used for a single-family
detached dwelling, provided it shall meet all the other
requirements of this ordinance with the following addi-
tional requirements:
a. the applicant shall furnish, with the applica-
tion for a building permit, a survey by a duly
licensed land surveyor, showing the lot upon
which the applicant proposes to erect a single-
family detached dwelling and also showing the
lots on either side of the said lot with all
improvements thereon and widths of the adjoining
side yards and any projections of structures
therein duly plotted on said survey.
b. the applicant shall furnish an affidavit on the
form set forth in Appendix I by the owner of rec-
ord of the lot described in the application for
a building permit .
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 applicable
provisions of this ordinance, with each required
side yard reduced to not less than ten percent
of the width of the lot, if all of the following
requirements are met
( (1) The subject lot:
(a) is not adjoining and contiguous to a
vacant . lot on either side held under
common ownership at any time after the
year 1966; or
(b) is not contiguous to an improved lot
of record which has one foot or more
of an adjoining side yard in excess
of the minimum required side yard for
the district in which the building or
structure is located, which additional
side yard land could physically be ad-
ded to the applicant 's lot to increase
its width or area; or that the owners"
of the adjoining lots refuse to sell
any portion of land that could be ad-
ded to' the applicant 's lot to increase
the width thereof without reducing the
required side yards of the adjoining
lots and which additional land the ap-
plicant would be willing to purchase;
and
(c) is not owned and has not been owned
directly or indirectly or by a nominee
of any person, firm, corporation, or
trust, or by an officer, shareholder,
director, partner, beneficiary, agent,
or person related by blood or marriage
or by any predecessors in title who
also held or holds any right, title,
or interest in or to either one or both
of the contiguous lots after the year
1966 to the date of application for a
building permit .
(2) The contiguous lots are not owned and have not
been owned directly or indirectly or by a nomi-
nee of any person, firm, corporation, or trust,
or by any officer, shareholder, director, part-
ner, beneficiary, agent, or person related by
blood or marriage or by any predecessors in
title, who also held or holds any right, title,
or interest, directly or indirectly, in the
applicant 's lot after the year 1966 to the date
of the application for a building permit .
(3) The subject lot was not -used as part of a single
or common homesite by or with the consent of the
same interests which owned or controlled an. ad-
joining lot after the year 1966 to the date of
application for ,•a building permit
d. In the event that the owner is unable to meet all of
the aforesaid additional requirements for a building
permit, or in the event that the owner either desires
to sell or to buy from the owners of a contiguous lot
or lots who also desire to either sell or buy,. but
the parties are unable to agree on a price, then the
Zoning Board of Appeals may in its. discretion recom-
mend, and the President- and Board of Trustees may in
their discretion grant such relief in accordance
with the procedures as set forth in this ordinance
as deemed appropriate.
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SECTION 4: All ordinances, rules, and regulations of the Vil-
lage of Oak Brook which are in conflict with the provisions of this Or-
dinance are hereby repealed solely to the extent of the conflict .
SECTION 5: If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid, such de-
termination shall not affect the validity of any remaining portion of
this Ordinance.
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# SECTION 6: This Ordinance shall be in full force and effect
from and after its passage and approval as provided by law.
PASSED and APPROVED this Z7 day of �, 1975.
APPROVED:
r
President
ATTEST:
s/ Ne ,L.41raslL
Village Clerk
AYES: 7
NAYS: a
I ABSENT: /
a
APPROVED as to form
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Q/ �iC��R!- BI A/t/C C41 11age Attorney
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APPENDIX I
STATE OF )
l ) SS:
COUNTY OF )
APPLICANT'S AFFIDAVIT FOR VARIATION OF LOT AREA
Dated
At ,
TO: Building Inspector
Village of Oak Brook
being . first duly sworn on (his, her,
their) oath(s) , depose(s) and state(s) as follows:
{ 1. That the title holder of record of the premises commonly known
as Oak Brook, Illinois,
and legally described as follows:
is
Name of Title Holder
having acquired title on , 19 and have held
title continuously month year
since said date
2. (To be answered only if title holder of record is a corpora-
tion or a trust . ) (Strike out portions that are not applicable. )
Corporation:
That your affiant is the (President, Vice-President, Secre-
tary, Treasurer) of the title holder of record and has full
knowledge of the facts set forth in this affidavit and is
authorized to make this affidavit.
Trust :
That your affiant holds a beneficial interest in and to
the aforesaid trust, has full knowledge of the facts .
herein set forth and has full authority to make this
affidavit .
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APPENDIX I (cont 'd . )
That an application has been or will be filed for a building
permit to erect a building or structure upon the land above
legally described.
4 . That neither the applicant nor any of his predecessors in title
have owned any right, title or interest, directly or indirectly,
or by any person, firm, corporation or trust, or by any officer,
shareholder, director, partner, beneficiary, agent or immediate
relative thereof who also holds any right, title or interest di-
rectly or indirectly, in or to either one or both of the conti-
guous lot (s) within a period of ten years prior to the date of
the application for a building permit or Certificate for Build-
able Site as to Zoning, except:
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5. That the following are the facts existing as to the lots adjoin-
ing and contiguous on either side of the land as described in
Paragraph 1 :
a. That neither adjoining and contiguous lot is vacant and
unimproved, except:
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or
b. That neither adjoining and contiguous lot has land in addi-
tion to its required side lots under the Oak Brook Zoning
Ordinance that could be added to the aforedescribed lot,
thereby adding to the amount of land available for the sub-
ject lot,. except:
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and said additional land could not be acquired because:
6. That this affidavit is given to induce the Village of Oak Brook
to issue a (building permit or Certificate of Buildable Site as
to Zoning) for the above described premises.
7. Further your affiant sayeth not, except:
SUBSCRIBED A\'D MYORN TO
before me this day
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y
Notary Public
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