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G-989 - 01/22/2013 - ZONING - Ordinances Supporting DocumentsAGENDA ITEM Board of Trustees Meeting January 22, 2013 ITEM 6.F.4) SUBJECT: Village of Oak Brook — Text Amendment — Cemetery and Cemetery Structures FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve Ordinance G -989, which approves a text amendment to the Zoning Ordinance to regulate cemeteries and cemetery structures. Background/History: At the January 8, 2013 meeting, the Village Attorney was directed to prepare the necessary ordinance granting approval of a text amendment to the Zoning Ordinance to regulate cemeteries and cemetery structures. Recommendation: Approve Ordinance G -989. _,l M Last saved by gpolanek JM -FROM BOB\Bot - PC - ZBA\BOT -FINAL Action - G -989 - Cemeteriess.doc ORDINANCE 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: Text additions are bold and double - underlined. Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 2 of 7 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. Text additions are bold and double - underlined. 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: 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: Text additions are bold and double - underlined. 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: Fal .. E. Memorial structures: 7 feet in heiaht- Text additions are bold and double - underlined. Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 5 of 7 T, 7IT"MMMA M7471 M rM. ff r," EMN. IMM-3 u r ti .r. , „ .. r Text additions are bold and double - underlined. Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 6 of 7 A. EL 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. Text additions are bold and double - underlined. Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 7 of 7 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. Gopal G. Lalmalani Village President PASSED THIS 22nd day of January, 2013. ATTEST: Charlotte K. Pruss Village Clerk Text additions are bold and double - underlined.