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G-616 - 08/11/1998 - ZONING - Ordinances ORDINANCE 98-ZO-TA-G-616 AN ORDINANCE AMENDING SECTIONS VII(C)(6),VII(C)(8)(b)AND VII(D)(6) IN THE R-1 AND R-2 RESIDENTIAL DISTRICT OF THE VILLAGE OF OAK BROOK ZONING ORDINANCE WHEREAS, an application has been filed requesting amendments to Sections VII(C)(6), VII(C)(8) and VII(D)(6) of the Village of Oak Brook Zoning Ordinance; WHEREAS, the Plan Commission has reviewed the request and has unanimously recommended the approval of the zoning text amendments; WHEREAS, the Zoning Board of Appeals conducted a public hearing on the request pursuant to due and appropriate legal notice, and has unanimously recommended approval of the zoning text amendments;and WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals and deem the requested text amendment as set forth below to be in the best interest of the Village; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: That the provisions of the above preamble are hereby adopted as though fully set forth herein. Section 2: That Section VII(C)(6) of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: R-1 District: "(6) Structure Height: (a) Residential Uses: Not more than thirty feet (30') and not more than two and one-half(2- ;i) stories—except that structure height may be increased to not more than forty feet (40') and not more than two and one-half(2-11) stories provided that: (1) Lot area is not less than one (1) acre. (2) The roof slope of the portion of the structure having structure height in excess of thirty feet (30') is a minimum of five inches (5") of vertical rise for every twelve inches (12") of horizontal run or steeper; (3) The portion of the structure having structure height in excess of thirty feet (30') is located no closer to any interior side lot line than the side yard required pursuant to Section VII(C)(8) hereof plus one and one half feet (1-;-2) for each one foot (1 Ordinance 98-ZO-TA-G- 616 Zoning Text Amendments to R-1 and R-2 Districts, Page 2 of structure height over thirty feet (30'); (4) In order to evaluate compliance with the increased height provision, a dimensioned front elevation plan shall be drawn and submitted by an architect. The front evaluation plan shall show the ordinance setbacks and heights permitted and indicate setbacks and heights proposed; and (5) A document is recorded with the DuPage County Recorder indicating that this extraordinary structure height provision has been applied." Section 3: That Section VII(C)(8)(b) of the Village of Oak Brook Zoning Ordinance be and is hereby amended to read as follows: R-1 District: "(8) Yards: (b) Side: Not less than thirty feet (30') in depth—except: (1) a side yard abutting a street shall be not less than fifty feet (50') in depth, and for non-residential uses each interior side yard shall be increased by not less than two feet (2) for each one foot (1 of structure height over thirty feet (30'), and (2) side yards abutting 22nd Street, York Road and Butterfield Road shall have a depth of not less than one hundred feet (100')." Section 4: That Section VII(D)(6) of the Village of Oak Brook Zoning Ordinance be and is hereby amended to read as follows: R-2 District: "(6) Structure Height: (a) Residential Uses: Not more than thirty feet (30� and not more than two and one-half(2-1,�) stores except that structure height may be increased to not more than forty feet (40') and not more than two and one-half (2- 14)stories provided that: (1) Lot area is not less than one (1) acre; (2) The roof slope of the portion of the structure having structure height in excess of thirty feet (30') is a minimum of five inches (5") of vertical rise for every twelve inches (12") of horizontal run or steeper; (3) The portion of the structure having structure height in excess of thirty feet (30') is located not closer to any interior side lot line than the side yard required pursuant to Section VII(D)(8) hereof plus one and one half feet (1-1­�) for each one foot (1) of structure height over thirty feet (30'); Ordinance 98-ZO-TA-G- 616 Zoning Text Amendments to R-1 and R-2 Districts, Page 3 (4) In order to evaluate compliance with the increased height provision, a dimensioned front elevation plan shall be drawn and submitted by an architect. The front evaluation plan shall show the ordinance setbacks and heights permitted and indicate setbacks and heights proposed; and (5) A document is recorded with the DuPage County Recorder indicating that this extraordinary structure height provision has been applied." Section 5: That this Ordinance shall be in full force and effect from and after passage, approval and publication as required by law. Section 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form in the manner provided by law. PASSED THIS 11th day of August, 1998. Ayes: Trustees Caleel, Kenny, Savino and President Bushy Nays: None Absent: Trustees Bartecki, McInerney and Shumate Abstain: None APPROVED THIS 11th day of August, 1998. i� Village President �v, Approved as to Form: )� I 'ttl-a 011. Village Attorney Published 8-12-98 Pamphlet form Date Paper Not Published