G-977 - 08/24/2012 - ZONING - OrdinancesORDINANCE 2012- ZO -TA -G -977
AN ORDINANCE AMENDING SECTION 13 -3 -5 OF THE OAK BROOK ZONING ORDINANCE
TO MAKE THE SETBACK REQUIREMENTS ALONG CERTAIN SECTIONS OF
22nd STREET, OAK BROOK ROAD (31" STREET), AND YORK ROAD CONSISTENT WITH
OTHER PROPERTIES LOCATED WITHIN THE SAME ZONING DISTRICTS
WHEREAS, Title 13, Chapter 3, Section 5 of "The Village Code of the Village of Oak Brook ", as
amended ( "Zoning Ordinance "), sets forth certain regulations regarding the provision of setbacks on lots
abutting streets ( "Section 13- 3 -5 "); and
WHEREAS, Section 13 -3 -5 contains provisions that require property owners to maintain a 100 -
foot or 110 -foot setback on lots abutting various portions of 22nd Street, Oak Brook Road (31s` Street), and
York Road; and
WHEREAS, the Board of Trustees desires to amend Section 13 -3 -5 to provide for setback
requirements for lots abutting these portions of 22nd Street, Oak Brook Road (31st Street), and York Road
that are consistent with the setbacks required for other lots located within the same zoning districts
( "Proposed Amendment"); and
WHEREAS, pursuant to Section 13- 14 -8C3 of the Zoning Ordinance, the Plan Commission
reviewed various proposals to amend Section 13 -3 -5, and while recommending an amendment other than
the Proposed Amendment, the Plan Commission, nevertheless, recommended that Village Board amend
Section 13 -3 -5 to lessen the burden of its setback requirements for lots abutting certain portions of 22nd
Street, Oak Brook Road (31" Street), and York Road; and
WHEREAS, pursuant to Section 13- 14 -8C2 of the Zoning Ordinance, the Zoning Board of
Appeals conducted a public hearing pursuant to due notice, at which hearing the Zoning Board of
Appeals considered various amendments to Section 13 -3 -5 ( "Public Hearing "); and
WHEREAS, at the close of the Public Hearing, the Zoning Board of Appeals recommended that
the Board of Trustees adopt the Proposed Amendment; and
WHEREAS, pursuant to section 13 -14 -8D of the Zoning Ordinance, the Board of Trustees has
considered the reports of the Plan Commission and the Zoning Board of Appeals and determined that it
would be in the best interests of the Village and its residents to amend Section 13 -3 -5 to provide for
setback requirements for lots abutting portions of 22nd Street, Oak Brook Road (31s' Street), and York
Road that are consistent with the required setbacks for other properties located within the same zoning
districts;
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 -3 -5. Section 13 -3 -5, entitled "Setbacks Along Streets,"
of Chapter 3, entitled "General Zoning Provisions," of the Zoning Ordinance shall be amended further,
and shall read as follows:
"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. Notwithstanding anything
Ordinance 2012- ZO -TA -G -977
Amending the Zoning Ordinance Section 13 -3 -5 to Make
Setback Requirements More Consistent
Page 2 of 4
contained in this title to the contrary, in the event at any time subsequent to January 1,
1995, private property is dedicated or conveyed to a governmental entity or condemned
by a governmental entity (including, without limitation, the Illinois state toll highway
authority) for the purpose of widening the public right of way or providing public roadway
infrastructure (including, without limitation, right of way for roadway entry or exit ramps),
the calculation of minimum setbacks and minimum required yards shall at all times be
measured from the street line which existed prior to such dedication, conveyance or
condemnation, provided that not more than twenty percent (20 %) of the lot has been so
dedicated, conveyed or condemned, and provided that any newly constructed buildings
establish minimum setbacks and minimum required yards on the affected lot (as
measured from the new lot line created as a result of said dedication, conveyance, or
condemnation) which, at a minimum, equal at least fifty percent (50 %) of the minimum
setback and minimum required yard which would be required in the absence of this
condemnation mitigation provision, and provided further that a site plan generally
accommodating such a dedication, conveyance or condemnation has been reviewed and
approved by the village board of trustees."
Section 3: 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 4: 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.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2012- ZO -TA -G -977
Amending the Zoning Ordinance Section 13 -3 -5 to Make
Setback Requirements More Consistent
Page 3 of 4
i
APPROVED THIS 14th day of August, 2012 r
Gopal G. Lalmalani
Village President
PASSED THIS 14th day of August, 2012
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
Absent: None
ATTEST:
Charlotte K. Pruss
Village Clerk