G-989 - 01/22/2013 - ZONING - OrdinancesORDINANCE 2013- ZO -TA -G -989
AN ORDINANCE APPROVING TEXT AMENDMENTS TO PROSPECTIVELY REGULATE
CEMETERIES AND CEMETERY STRUCTURES IN THE ZONING ORDINANCE
OF THE VILLAGE OF OAK BROOK
WHEREAS, Title 13 of "The Village Code of the Village of Oak Brook," as amended ( "Zoning
Ordinance"), sets forth certain regulations regarding the use of land within the Village; and
WHEREAS, there are currently four cemeteries located in the Village, and
WHEREAS, the Village has not previously interpreted the Zoning Ordinance to apply to
cemeteries and the various structures located therein, and
WHEREAS, at the direction of the Village Board, both the Plan Commission and the Zoning
Board of Appeals ( "ZBA ") studied and considered the establishment of new regulations specifically
applicable to cemeteries and cemetery structures; and
WHEREAS, the Village Board subsequently directed the ZBA to conduct a public hearing and
make recommendations to the Village Board regarding whether and to what extent, if at all, the Zoning
Ordinance should be amended to establish, among other regulations, use, setback, and height standards
for cemetery properties and related future structures located therein, and
WHEREAS, the Village Board's direction included only the consideration of text amendments that
would apply prospectively and to confirm that existing structures are not required to relocate pursuant to
the terms of the Zoning Ordinance; and
WHEREAS, upon proper notice, the ZBA held a public hearing on June 19, August 7, and
September 13, 2012, at which the ZBA considered various proposed text amendments to the Zoning
Ordinance to regulate cemeteries and cemetery structures and heard extensive comments from all
interested parties; and
WHEREAS, at its November 5, 2012 meeting, the ZBA recommended the approval of a set of
amendments (i) to provide protection for existing cemeteries and cemetery structures presently located
within the Village, and (ii) to establish new prospective regulations for new cemeteries, new cemetery
structures, and new expansions to existing cemeteries and cemetery structures (collectively, "ZBA
Recommended Amendments "), and
WHEREAS, the Board of Trustees has considered the reports of the Plan Commission and the
ZBA and the ZBA Recommended Amendments, and the Board of Trustees has determined that it would
be in the best interests of the Village and its residents to amend the Zoning Ordinance to regulate
cemeteries and cemetery uses as set forth in this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Section 13 -2 -2. Section 13 -2 -2, entitled "Definitions," of Chapter
2, entitled "Definitions," of the Zoning Ordinance shall be amended to add the following new defined terms
in the appropriate alphabetical order:
Ordinance 2013- ZO -TA -G -989
Amending the Zoning Ordinance to
Prospectively Regulate Cemeteries and Cemetery Structures
Page 2 of 7
BURIAL STRUCTURES: Above ground structures within cemeteries, other than
community burial structures, used, or intended to be used, for the entombment of human
remains, including, without limitation, mausoleums, columbaria, and other similar
structures.
CEMETERY: Any land or structure dedicated to and used, or intended to be used, for
the burial, interment, or entombment of human remains, and related accessory uses.
CEMETERY ACCESSORY STRUCTURES: Structures used in support of and accessory
to a cemetery use, including, without limitation, caretaker or similarly used residences,
greenhouses, sales offices, storage buildings, administrative offices, and other similar
structures accessory to a cemetery.
COMMUNITY BURIAL STRUCTURES: Above ground structures over 20 feet in height
used, or intended to be used, for the entombment of human remains, located in or near
the center of a cemetery in accordance with their specific applicable regulations in this
title, including, without limitation, mausoleums, columbaria, and other similar structures.
EXISTING CEMETERIES AND STRUCTURES: Any cemetery, and the cemetery
structures existing therein, existing as of January 22, 2013.
MEMORIAL STRUCTURES: Above ground structures within cemeteries (i) installed for
the purpose of marking, commemorating, or honoring a deceased person and (ii) not
used for the above ground entombment of human remains, including, without limitation,
grave stones, family estate markers, ornamental benches, vases and other decorative
structures, and similar above - ground structures.
Section 3: Amendment to Section 13 -6A -2. Section 13 -6A -2, entitled "Special Uses," of
Article A, entitled "R1 Single - Family Detached Residence District," of Chapter 6, entitled 'Residence
Districts," of the Zoning Ordinance shall be amended to read as follows:
"13 -6A -2: SPECIAL USES:
Agricultural: Growing of farm and garden crops and nursery stock as a principal use on a
lot, provided:
A. The lot area for commercial growing of farm crops, truck garden produce, and
nursery stock shall be not less than ten (10) acres in area.
B. The sale of such materials is not conducted from a store, stand or other structure
erected or maintained for such purpose.
Cemeteries; subject to compliance with the regulations in chapter 16 of this title. Any
existing cemetery and structure shall be deemed to have a special use permit as required
by this section, notwithstanding whether these existing cemeteries and structures comply,
as of January 22, 2013, with the provisions of chapter 16 of this title. Any expansion,
change, or new construction relating to an existing cemetery and structure shall comply
with chapter 16 of this title, but any such activity shall not require a new or amended
special use permit, or other zoning relief, provided that the activities comply with chapter
16. Notwithstanding the foregoing, no special use permit granted pursuant to this section,
whether for an existing cemetery and structure or for a new cemetery or structure, shall
permit a community burial structure to be built in a residence district."
Ordinance 2013- ZO -TA -G -989
Amending the Zoning Ordinance to
Prospectively Regulate Cemeteries and Cemetery Structures
Page 3 of 7
Section 4: Amendment to Section 13 -6E -2. Section 13 -6E -2, entitled "Special Uses," of
Article E, entitles "R5 Residence District," of Chapter 6, entitled 'Residence Districts," of the Zoning
Ordinance shall be amended to read as follows:
"13 -6E -2: SPECIAL USES:
Cemeteries; subject to compliance with the regulations in chapter 16 of this title. Any
existing cemetery and structure shall be deemed to have a special use permit as required
by this section, notwithstanding whether these existing cemeteries and structures comply,
as of January 22, 2013, with the provisions of chapter 16 of this title. Any expansion,
change, or new construction relating to an existing cemetery and structure shall comply
with chapter 16 of this title, but any such activity shall not require a new or amended
special use permit, or other zoning relief, provided that the activities comply with chapter
16. Notwithstanding the foregoing, no special use permit granted pursuant to this section,
whether for an existing cemetery and structure or for a new cemetery or structure, shall
permit a community burial structure to be built in a residence district."
Section 5: Amendment to Section 13 -9 -3. Section 13 -9 -3, entitled "Special Uses," of
Chapter 9, entitled 'Institutional District," of the Zoning Ordinance shall be amended in its entirety to read
as follows:
13 -9 -3: SPECIAL USES:
Public utility, governmental service and transportation uses.
Sewage and stormwater lift stations.
Telephone exchanges, transmission buildings and equipment, outdoor telephone booths
and pedestals.
Water filtration plants, wells, pumping stations and reservoirs.
Electric distribution centers and substations.
Gas regulator stations.
Agricultural use, only 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.
Residential use, but only for detached dwellings, on lots not less than 1 acre, when the
said dwelling is in the same ownership as one or more of the institutional uses above set
forth.
Cemeteries; subject to compliance with the regulations in chapter 16 of this title. Any
existing cemetery and structure shall be deemed to have a special use permit as required
by this section, notwithstanding whether these existing cemeteries and structures comply,
as of January 22, 2013, with the provisions of chapter 16 of this title. Any expansion,
change, or new construction relating to an existing cemetery and structure shall comply
with chapter 16 of this title, but any such activity shall not require a new or amended
special use permit, or other zoning relief, provided that the activities comply with chapter
16.
Ordinance 2013- ZO -TA -G -989
Amending the Zoning Ordinance to
Prospectively Regulate Cemeteries and Cemetery Structures
Page 4 of 7
Section 6: Amendment to Tile 13 of the Zoning Ordinance. Title 13 of the Oak Brook
Municipal Code, entitled "Zoning Regulations," is amended to add a new Chapter 16, entitled
"Cemeteries," which new Chapter 16 shall read as follows:
"CHAPTER 16
CEMETERIES
13 -16 -1: INTENT AND PURPOSE:
The purpose of the regulations, standards, and criteria contained in this chapter is to
provide regulations for cemeteries and cemetery structures within the Village.
13 -16 -2: NEW CEMETERIES AND EXPANSIONS:
Any new cemetery established after January 22, 2013 shall contain a minimum of 25
acres. The incorporation of any new land into any cemetery after January 22, 2013 shall
be subject to the review and approval of a special use permit pursuant to sections 13 -6A-
2, 13 -6E -2, and 13 -9 -3 of this title 13, provided, however, any two cemeteries that are
contiguous and existing as of January 22, 2013 may be incorporated into one cemetery
without requiring a special use permit.
13 -16 -3: HEIGHT, BULK LIMITATIONS:
Notwithstanding anything to the contrary in other sections of this title, any of the following
structures built, altered, or improved after January 22, 2013, shall comply with the
following height and bulk restrictions:
A, Burial structures: 20 feet in height, including all attached architectural features.
B. Cemetery accessory structures located in a residence district: 15 feet in height.
Cemetery accessory structures located in an institutional district: Shall comply
with the height and bulk regulations of the residence district adjacent to the
property on which the cemetery accessory structure exists. If more than one
type of residence district is adjacent to the property on which the cemetery
accessory structure exists, the height and bulk regulations of the residence
district with the greatest amount of frontage along the cemetery property shall
apply.
D. Community Burial Structures: 45 feet in height; 8,000 sq. ft. in total gross floor
area on the ground floor; 24,000 sq. ft. in total gross floor area on all floors.
E. Memorial structures: 7 feet in height.
13 -16-4: SETBACK REQUIREMENTS:
Notwithstanding anything to the contrary in other sections of this title, any of the following
structures built, altered, or improved after January 22, 2013, shall comply with the
following setback restrictions:
A, Cemetery structures located in a Residence District:
Ordinance 2013- ZO -TA -G -989
Amending the Zoning Ordinance to
Prospectively Regulate Cemeteries and Cemetery Structures
Page 5 of 7
1. Burial structures not more than 8 feet in height: No setback
requirements.
2. Burial structures more than 8 feet in height: Not less than 100 feet from
any right -of -way or property line.
3. Memorial structures: No setback requirements.
4. Cemetery accessory structures: Not less than 100 feet from any right -of-
way or property line.
B Cemetery structures located in an Institutional District:
1. Community burial structures: Not less than 300 feet from the centerline
of any adjacent street; and not less than 150 feet from any other private
property line or district boundary.
2. Burial structures not more than 8 feet in height: No setback
requirements.
3. Burial structures adjacent to a street and more than 8 feet in height: Not
less than 120 feet from the centerline of the adjacent street.
4. Burial structures not adjacent to a street and more than 10 feet in height:
Not less than 100 feet from the property line; however, a cemetery owner
may request that the setback requirement contained in this
subparagraph 4 be reduced to not less than 35 feet to permit burial
structures not more than 10 feet in height subject to the review and
approval of a special use to designate the area as a "special cemetery
development area ".
5. Memorial structures: No setback requirements.
6. Cemetery accessory structures: Shall comply with the setback
regulations of the residence district adjacent to the property on which the
cemetery accessory structure exists. If more than one type of residence
district is adjacent to the property on which the cemetery accessory
structure exists, the height and bulk regulations of the residence district
with the greatest amount of frontage along the cemetery property shall
apply.
13 -16 -5: Notification Requirements.
A cemetery owner shall provide advance written notice to the village prior to the
commencement of construction or the placement of any burial structure regardless of
whether a building or other permit is required. If a permit is required pursuant to section
13 -16-6 of this chapter, the application for such permit shall constitute the advance
written notice required by this section.
13 -16 -6: Permit Requirements.
All cemetery structures, with the exception of (i) memorial structures and (ii) burial
structures not more than 8 feet in height, shall require the issuance of a building permit
from the village pursuant to the provisions of title 10 of this code. Memorial structures
Ordinance 2013- ZO -TA -G -989
Amending the Zoning Ordinance to
Prospectively Regulate Cemeteries and Cemetery Structures
Page 6 of 7
and burial structures not more than 8 feet in height are not subject to the issuance of a
building permit from the village.
13 -16 -7: SCREENING:
A. Notwithstanding any other provisions contained in this title, permanent landscape
screening shall be installed and maintained along the perimeter of any new
cemetery or the expansion of any cemetery existing as of January 22, 2013,
provided, however, any two cemeteries that are contiguous and existing as of
January 22, 2013 may be incorporated into one cemetery without requiring
permanent landscape screening to be installed and maintained along the
perimeter of the cemetery. The landscape screening shall be no shorter than 8
feet. This landscape screening may consist of a planted earth berm, densely
planted shrubs or trees, or a combination thereof. The landscape screening shall
be located and constructed in a manner that does not interfere or conflict with the
use of any utility easement or utility installation that is existing or planned to be
installed.
B. Notwithstanding any other provisions contained in this title, permanent landscape
screening shall be installed and maintained along the perimeter of any new burial
structure not more than 8 feet in height or new cemetery accessory structure,
that is located within the setback requirements provided in sections 13- 16-4A2
and 13- 16-463 of this chapter. The landscape screening shall only be required
on the sides of the burial structure or cemetery accessory structure that are
visible from the property adjacent to the cemetery with the non - cemetery use.
The landscape screening shall be no shorter than the lesser of (i) 8 feet or (ii) the
height of the structure. This landscape screening may consist of a planted earth
berm, densely planted shrubs or trees, or a combination thereof. The landscape
screening shall be located and constructed in a manner that does not interfere or
conflict with the use of any utility easement or utility installation that is existing or
planned to be installed. The landscape screening requirements contained in this
subsection 13 -6 -713 shall not apply to any cemetery accessory structure located
in a cemetery zoned in the institutional district and located east of Madison
Street."
Section 7: Repealer. Section 13 -9 -2, entitled "Permitted Uses" of Chapter 9, entitled
"Institutional District," of the Zoning Ordinance shall be, and is hereby repealed in its entirety and
reserved.
Section 8: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 9: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
APPROVED THIS 22nd day of January, 2013.
T
Gopal G. Lalmalani
Village President
Ordinance 2013- ZO -TA -G -989
Amending the Zoning Ordinance to
Prospectively Regulate Cemeteries and Cemetery Structures
Page 7 of 7
PASSED THIS 22nd day of January, 2013.
Ayes: Trustees Aktipis, Manzo, May, Wolin, Yusuf and Zannis
Nays: None
ATTEST:
Charlotte K. Pruss
Village Clerk