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Minutes - 11/17/1959 - Board of TrusteesL� C6tjTWU:4 + (c1U WBI. Boggy, 1 h). f The continuation of the N®1er 10th meting of the Oak Brook Village Board of Trustees was called to order by the President at 7 :30 on November 1'; th. a.- Roll was called and the November 10th minutes approved as read with the following addition being made at President Xohlmane request - -A second reason for delaying action on the proposed Zoning Ordinance was to allow certain members of the Civic Association to meet with Mr. Butler. the p-� 3 President Mohlman read j( Resolution amending the proposed !!�� Zoning Ordinance, the Resolution being attached hereto and by reference becomes a pert of these minutes. A- Mr. Kolar moved to postpone the adoption of the Resolution. The motion failed for want of a second. Mr. Kolar moved to amend the resolution to include therein the following amendluent to the Zoning Ordinance to -wit: The defination of Home Occupation on page 12 be amended to read an follows; Rome occupation - - -a gainful occupation or profession conducted by a member of a family residing on the premises but not including any activity ff +bat does, cause annoSance to neighbors or require the use of a sign. The motion Was seconded by Mr. O'Brien. On roll oall- Carley, O'Brien, Calhoun, Peyton, Krueger, Kolar and Mohlman - aye, Nays - 0. Motion carried. Mr. Kolar moved to amend the resolution to include therein the following amendment to the Zoning Ordinance to -wit: Section 1. page 33, Section B. C & D be transfered from Seccien 1, "Permitter' Uses" to Section 2 "Special Uses" and labeled respectively Paragraphs K, L, & M and that paragraph B -1 -T be designated B -1 -B. Mr. O'Hrien seconded. On roll call - Carley, O'Brien, Calhoun, Peyton, Krueger, Kolar,eye. Mohlman - nay. Ayes - 6, nays - 1. Motion carried. Mr. Kolar moved to amend the resolution to include therein the following amendment to the Zoning Ordinance to -wits Paragraph B -2 -H, page 34 be amended And as amended read as rollowat "Planned developments of a tract of land is permitted provided each lot designated as the site for a single famdly duelling shall not be lose than i and j aores, that the average of all the lots in the tract be not less than 2 sores and that no lot be less they 220 feat wide in the buildable area," The motion failed for want of a second. Mr. Kolar moved to amend the resolution to include the: iin the following amendment to the Zoning Ordinance to- vit:Paragraph 0 -2, Page 36 be amended and as amended read as follows: "Those Special uses allowed in an R -2 district except that in planned developments each lot designated as the site for a single family dwelling shall be not lees than 3/4 acre, that the average of all the lots in the tract shall be be not less than t acre, tit no lot shall be lose than 125 feet vide ini thc% buildable area, and that all Sanitary seers, storm-severs, water and roads conforming to village requirements ana provided." The motion farlled for want of a second,, Mr. Kolar moved to amend the resolution to include therein the folloving amen4ment to the Zoning Ordinance to -wit: Paragraph D-2, page 361: be amended and as amended read as follows: % "Those special uses allowed In an R -1 district, except that in planned developments each lot designated as the site for a single family dwelling shall be not leas thew 1/3 acre in wee, that the average of all the lots is the development shall be not lose than acre, that no lot shall be less than 100 feet wide within the buildable area, and that sanitary severa, storm sewers, water anal roads conforming to vi flap requirements are provided," K'otion failed for want of a second, Mr. Kolar moved to amend the resolution to include therein the following amendment to the Zoning ordlmance to -wit: paragraph K -1 page 36C be amnded and as amended read as foltowat " eradttea Uses- Those uqe s mrml * ted in an R -2 district except no duelling win be con - structed. =leas water, dual "7 and storm sewers am provided. °f Nation failed for want of s second. 4 ' CY) II-n.59 I4r, Kolar moved to amend the resolution to include therein the following amendment to the Zoning Ordinance to -wits That sectionR. ( General Residence) page 37 be deleted from the ordinance. Tne :notion failed for want of a second, Mr. Kolar moved to amend the resolution to include therein the following amendment to the Zoning Ordinance to -wit: Paragraph A -:, and page 41 be amended /as amended read as follows: "Processes and equipment employed and goods processed or sold, shall be limited to those which are not objectionable by reason of odor, dust,, smoke, cinders, gas, noise, vibration, refuse matter or water carried waste. In no agent shall the performance standards set forth for M-1 type districts be exceeded," t {Ation failed for want of a second. Mr. Kolar moved to amend the resolution to include therein the folloving amendment to the Zoning Ordinance to -wit: Paragraph B -1-2, page 55 be placed under Special Uses and removed from Authorized Uses, Motion failed for want of a second. Mr. Kolar moved to amend the resolution to include therein the Poll owing amendment to the Zoning Ordinance to -wit: Paragraph D-2, page 96 be amended and as amended read as follows: "Initiation � -AAn appeal to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality. The appeal shall be taken within such time as shall be prescribed by the Board of Appeals by a general rule by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The officer from tdzom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the appeal action is taken. 2-B An Appeal stays all proceedings in futherance of the action appealed from, unless the officer from venom the appeal is taken certifies to the board of appeals, .,meter the notice of appeal, has been filed with him, that by season of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order which may be (6) 11-11-591 granted by the Board cfAppeals or by a court or reaord on application and on notice to the officer from wham the azj. 11 is taken, and, on due cause shown. D-3 Processing -- 3 -A An appeal shall be filed with the villae3 clerk. The village: clerk shall, fovard the appeal to the Zoning Board of Appeals for processing in act ord6&@e with the Statutes of the State of llllnol s. 3-B T1ae Board of Appeals shall fix a reason. able time for the hearing of the appeal and give dime notice thereof to parties and shall decide the appeal within reasonshle time. The Soaadd of Appeals may reverses or affirm, molly or party, or may nadify the order, requirement or decision or determination as in its opinion ought to be made on the premises and to that end has all the powers of the officer from whom the appeal is take3n. m IOC. 0 "Briemn seconded the motion. On roll Call: Carley, O"Brien, Calhoun, Peyton, Krueger & Kolar. age, i0h12Rn - nay. Ayes 69 We 1. Motion carried. I.W. Kolar moved to amend th6 resolution to Include therein the following amendment to the Zoning Ordinance to -wit t Para'mph J. page 108 be amended and as amended reed as folUv- t "Pio3ation, Penhlty, Enforcement --- J -t Any person, firm or corporation eho violateg, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this ordinance, shall upon conviction be fined not lose than $25.70 nor more than 0200.00 for each offewem. Each dpy that a violation is permitted to exist shall constitutes a seperate offense. J -2 The bull-ding Inspector to hereby designated and authorized to enforce this ordinance. However, it shall also be the duty of an officers, citizens and employees of the village, partloularly of all members ofthe police and fire departments, to assist the tuUding inspector by :•eporting to him any now constriction, reconstruction, improper land uses, or upon any seeming violation." idr. O'Brien seconded. On roll call: Carley 0 "Brien, Calhoun, Peyton, Krueger, Kolar & Moia1man - aye. ,fires 7, Rye-0. I€otion carried. d&. Kolar moved that the zoning At that portion of the vll &V South of 22nd Street, Ust of York Road, North of *31 at Street and vest of the ft11 load be OM W& live Rj to M. Al" that the aecUou South of 5iat StMet and teat of Urk fted he 'mod ftvu ft to R1, fte wtion f .s. -..— __ ypr^.. , .. - i- y, > > - w $1z-- . , .trsY�• •-:_ ay'r ; F 3.+=s • • _ : �- s ... •�s�n •' µrd failed for want of a second. Carley aecznded. to roll Dell: Carley, 0"Brien, Calhoe:n, PeyUn, Krueger k Ro-U an age. Soler - nay. Ayes - 6: Rays 9. rAtisre carried, .`. Kolar moved that the Board reconsider its vote and that that section of the village South of 22nd Street,, East of Xork Road, North of 31st Street and Vest of the Tc]ll Road be clearly defined i.n the Zoning Ged1nance as not going below 1/3 acre; that Rt be in effect 700 feet In from the North and East VUlage halts in this area and the remainder be zoned RI. Mr. KI -jager seconded. On roll Dan: Carley, OtErt.en, Calhoun nail® Peyton absteined, Krueger Solar - akye. Ayes - 29 Says - 3, Abstained - 1, Motion lost. The motion to adopt - "he prop3aed Zoning Ordinamee was made by Mr. O'Brien and secunded by Mr. Calhoun. this ordinance ah&U be sown as 6 , a copy of which said ordinance is attatbed hereto and by referenes made a part of these minutes. On roll oaal: Carley, O'Brien, "Ibbunt Peyton & Nobs. n -ems, Krueger & Kolar - may, Ayes 5, Kaye 2. Motion carried. President Rom presented the following names fr -r the Zoning Board of Appeals - Bertrum Root/ year € ucille Armstrongv 2 years Gordan Poster' 3 years William Watson. d years George McHenry,- 5 years Mud.rma n Allan Royya�dAon - 66 years Rrli ll "lam pang® on v, j year@ X--s, i9gton r-ade tho motions seconded by Mr. Kruteger to approve the Preaident's arppoLat nt ox the seven members. The voting - Ayes - f, XSYS -1 0W. Tolarj �btlo'n passe 4. • 6 • t r �� t r r� Mr6 4tBrien moored, seconded by Jr. Calbaun. -=d pkeded by the Board asking the attorney to prepare an annexistion ordinanas & &Wok for the Henke, % and Larkin properties. The motion was made by Mr. Calhoun, seconded by Mr. Carley and passed by the Board to adjourn the meeting at 14155 pX, t� ATTACOM 4440P 11— Sq M;pj• RESOLUTION 0 �s there sm duly appointed a Zang Comiseion for the VMS of Ask'a;ok to bold public 1,°eav4nes and ®*e rsoomendatiom comic ning a soming ordinance for said Villag+e8 and WH=V, tk.a said Zoning OommUel ani after p *dica"m in aocordence i.th the atatutes ode wA provided, did Vold a pdbli.c hoariM on a dosed Boning, ordinances and Woms, the said Zoning Commission bas reaommm ded to the Fmident and Board of Truntses of the Village of Oakbrook the paesage cf a aw ng ordixance; and after dute comi,dorati,on the said Prooident and Board of Trustees btaZiwe it to be to the bees; interests of the citieenaa of the VW Age of Bctcbroob to male Main olrangee and umdmants to the ordimmee as sWxdtted by the Zcni.ng Board of AppeaUS WWp CORM, M 27 RWOLVSD by this President and Boar of Trustees tbat prior to the vote at the Board at Tmteee balntg tahm thmem the ova as propooW by the Zoning Oondazim., be subjected to the foil owi xg chwgisso to-owit i That in lieu of the page czonsioting of the Table of Contentae Baati om Vn to X[, and In lieu of pis Ban. 16, 258 26p 28e 30,E 31# 33,* 39, la to 57 inaslusive, 659 86, 938 949 95s 1Q19 103: IW, 107 and U,8 e the be substAtuted the mlr&larly desipated \pa# a$t601*3 heeto avA by reerence =do a pain of �hts resolutions aW that there staM be added betmern Mae 57 ar 58 the attached pagm designated !q--Q 4nd 57--be Pwwwd cad approwd by Meg Preeideat and Board et Truetees of the V'=Ugs of this *h dsy of Boeaambwp L. D. 13 0 Ltt� A 65 - MW g,sowort am ofte ONA I RE AM o 1 4149 TO 04 A 00700H 4 PORVORC CONS00CRATION cr rmis 0401Me NOR ON M MA819 rm4r OT WAS PW,4M4Q ®4? ASV MANI- zAriox P-41® or rAff ®t17° CR OVVPAa Y 40 ;r#Ar 4 &L 40PIW ACCARSINO p'IIom rmA r 004AM IZ4 710M . r *A*L QAMW49 0*4AIVISAWOM, ro mmi*N i Farm, I144 $POOR asN'l1'ug ie a �°� � A � T � � � �A AAA ®, d� �' �+�t1P' 1 Allan ticcaiviv Nwo &'V OANY PCOP ,r 1M r &C PWLIQ w4wivesm our ooxr*Apr 7v rmc scar MIS 00 M8t TO MY MAT AILL rW P&GOW& OMANWS *9M IN YID PUNLIC 18 VIOU "Y BIASCD d,V IrAYOI OF rAff PCRMW OW IIIMM IfIffid 1 mcapipmeNs ra #L t me rAc meet as rQ ACCEPT THIS 0:0 ,01 MAIV+C AS ANC,,Vftb AND rmAr ria &64 "isc ore 9 &WNO VfPCI M M RCPI rft ORDINANC9 Am PROPOSS9 4mcasstmra. a ATT1 it — r7 —541 8J! i1J AA MRo PRESIRENTs BECAUSiI; I ®EL /EMIR MIS Od iNAN09 WILL sc sowr @T TO COURT A lc rI on I wouLO 4 $ xc TO MAPC AN OP I V I ON FROM QU01 CORPORATE -; Ofl NOCL ON 8CFERA L P O I M TS e PIPGT, I SELMM TNI,S CRQIMANOt WILL LSE ILLEGAL dF CERTAIN PCOPLZ on THOS 130AR0 PARTICIpAPE im THE 6'©Ttmas I QUOTE FRom mr IIANQBflOE EN TI TLEII PROC$DURCO Or I L L I k0: S 017Y COUNCILS AND D' I L LA W BOARD& WHICH 14V IV RN QUOTE® FROM 43 CORPUS JUR t S 780, QUOTE #I IT IS A VERCR&L ' RULE OF LAST rma r No ME'd;Pacp OF A GOVERNING BODY 81 -ALL YOM ON ANY eUESTIQN INVOLVING HIS OWN CHARACTER OR 6`oN UCf, Hie 1RIQMT AS A HENSEA, OR HIS PCOUkl ARY I k r Oars r, IF rmA T BE I dl- MCOIAM9 PhRrICULAIR, AND 918TONCT' FROM THE PUBLIC INTER;&rp # u&- I SCLICYS MAT SCOAUSC ONE REUSE'S OF rifle SOARS MAC PUSL ► CALL T $ TA KE® rmA T IIE 0wma PR OPER m I N rmt AREA KNOWN AS TAE ERN I E P YLE SUBDIVISION* WHICH 611E HOPES 30 SELL ,0 AND TO A 88UXt NO OI F1' I QUL TY WITH TI96 PLAN, ME ARRARGCO WITH THE SU TLCR COMPANY W AAA YE A w &V ►t. PI SPECIAL gtameT E'8TA®ctsmEO IrOR HIS AREA FORtAt STAVED HE ONES THE BUTLER COMPANY A DrS T OF OdRAEI TUM AND INTENDS TO ►/0TL FOR MIS ORD I NA Kar i N Tmt FORM TIcY REQilEB T. AL S,Qv TWO SENSC RO OF TNV BOARD ARE EMPLOYEES OF ' IBU TLE'I! Com- PA Ny o 81000 TAC PROP I j'8 OF rfft t9U TLC R COMPANY WILL 8E APPRECIABLY I NCdREA 81 BY THE CHANGES PROVIDED er TbIa 089INANWs ► BEL I EVE THERE is A P O8S I sLe cowt I CT ®F INTEREST wi TI'I T/IE PURL I C B N YERES T It, Try A ®OIsE I ss TA Avme A d0® REQlIEB T A# C V I N 104 48 F0 M RIONT OF` Mac MEMS[d s TO iOT1T ON Tdt 0di0►NAAIQE, 'l t. �—PA: kidk :� _ _ � � _ -�� ?'' �t'�_n �. _ ,,, 'yam_ •. � i <♦ _ � :X� _ _ _ _.mil _ Y ^__i� __� __ _.�...�y...•_��_'� F4 .c-� -. � W- .. _ . *I pt"Acn 4 9�81�i• ME MI NUTEO SHOULD &NOW rHA r A rroRNry JA am SerERS aTATEIi rm4 T IN Hi 8 GP I N I oN r#icw jvA S No CoNrL I c r or i A► reRLre Y o I S rl a c r rROA► T14C PUBLIC INTERESc AND rhAr PRE81DEJUT ivaniuN RaLES rp#AT rmc Poi Nr QF oRace NAB Nor vAL#o* aYR OHA t A1tAIl i i irewE8 T A1jQ rHrn OPINION FROM CORPORA rt COUNSEL, • i a rmis Boar 16 AS OU r To VESA M AND VOTE ON AN OROI NA MOC WHION NAB SPED fAL SECri oNS i H t r 1rHI M ARE APPL IOAst i To oAw CROUP ONLY, SSE SECTIONS WILL ENABLE TWIR SNOOP To DRASriOALtr cmAncw rw rearmTIAL 0MARAOTER OF Tiff CORMUNITT AS PREVIOUSLY E&MOLISKE D Sy COMEN TS IN WEAS AND BY COUNTY ZOlii NQq or 18 ov uNt a&rA.Awi NQ rIIA r r»1S /o ILLERAL • allRO Color rRAnr to roc 8 IME& PURPOVE 6f ZONI fit®, WHICH 16 ro PRO r 'sR r Tor rewm TI A L CMA RA OTE'R,MRS&M Sir Mweirmwar Pei R ri cuLA n r FRoll r o TE'S iN wince TN RIM oouL0 CiaHas or RoLELDr Pon row PuRPooE cr vA irltlo none mom FRuu THE PROPrilry, rils,E AllisuTES enovLA 6NAN iwA T A Troft#wr JAcm Qo#ERS QIQ NOT AOI?EE rMAT The +;OMrcMpLA81l, 0 0001M.4mOE WUNLO 99 ILLEGAL FROX THIS SrAMO- POINT, Me ONAIRMANO I .76*E THAT CoH01DrRATI01r OP' IWID ORDINANCE at POS T'POsicIi as rNr SAWS rmA r 1 r we PRCPARCO BY AN 0140AM IZA rl oig PARR SY rM BUi..1r'R COMPANY• TIME CARL 0411911M OR AHIZATIOR CIAO rA XrN A o 016® O rAND A6,01 R$ r va4p4w ommen itcoominwip or wRY PNaPt-E #dY we PUBLiO SSANING00 our VNIOR ARE coRmilr M G ATT4 m S It-0- THE AE'ST FINANCIAL, I NTEREOTS OJT" 7KE ®� rLCR 000PAN Y. ruts 18 WC's' TO 84Y YHAT ALL PROPOSED CHANGES NEW #N TALE P1ISLIN 1Wi'ERrer BOT ROSS BECAUSE OUR ONLr SOURCE Or PRa#QNAttr CXPCP' OPINIONS IS OBV IOUSLr R IAICO IN FAVOR OF THE PERSON WHO NJ, 0 Mar,, I More THAT ThV ONOtMANOC BE TABLED AND ?Wd Y THE BOARS NI RC ITS OWN ZONING EEPEN r rO RCV I ES THC OR ®I NtA NCt AND PROASEIB A MCNOWEN M. THE MINUTE$ SHOOLD SHOW THERE WERE NO BteONDS TO THIS Morton, t ATTACO i 1.11.59 MIA)- PAW 90 PARKS AND PLA VOROUNDoo SONOOLO@ .8 W W&F ORANY BV I LOI NGS$ UNDER OCRU I N CON01 V ONo MAY ME UNOCOI Aal to ALOO TMVW UMS 449 Nor @ompAriaLc Ir. -.v rme acivcmAL cL,4a o I p I o4 v o&, NAOC L r Q I N GLC ArAM I b r MCC I &CNN 08 8 rRiO79 rNEI CFORC I' ARAGRAOM& M- 8 -Os o ANO ® ONVOLO of UNDER : aCCI AL UwI:V* THIS WOOL AT LZASr ficw ?ii of GausLio w4ftsNoe rmia i8 rAw ony WASH rW d*OMM NO" CAN BE 40PIWO or IMPORTANT 9NAMOSS l*w,Ar mAr NArCROALLV AbrF 'Cm TklEr ONARAOrEft OF ARCA INFOLVE4P •s +TTA C A "r 34 TO 89 6090CP AS rALLONSe i/mm opmeim rs m' 1,A. nue r or 4ANO 10 L&ONO am oorc *o *4Ls- rove Lars to rmc rimer or mor PAGS SS .4ocu rw ORDINAN09 ®e' PCOL,40 -100 j04RA00A4W 0 -t VjrH r$ P'�LLL�OSN�r d Twou SP9014L u4cs ALL.® R IN An *-A oserasor &Jf('drP'$ TMAt i'N PL.ANN +L?crcLopNc vv c4opi &,or scasumArea As Tee 8179 rom A almote r4maY 00CLLeme SX44L ME NOT Lirev T'mAm 214 AQWv riv.4r TNc .4iy 'qA 'Lam' at. Me Lors LOT ffiIVALL RE LCSS VUN im rcer ivd - roc' RUILD"Le 4 A4 AND TmAr Au, upouw * #, *row wL nes rcp aivs no.4n mweirm s sse re a e LLAar strou i nexeN ru .rarer os —o1 -59 S)r,C FOR A aoNOLr r -4MILY 60CL&O110 44xALL me toot Gciss ', mArj v%A e4 *nc i Al amej,, rmA r rmr ra rrnA W Pte' ALL VHV 1.01V In rNK or- ioo rr$:- Adair w'vsim rw ®usm4s &x r'? .:�� �`r`A urn' Bid PTffl $ 3'`: vT: R3s WAIT f AND FrOAOO comrogrime ro ifni.Aw imasi memEm ARE 60fi t) SCO P r P14 a Age. 1d - 59Mil�J• A.MrRio er#*Ytr 04.01MANOC joy INSPI.MM40 PIARAQ *Aept 9--6 wi TPO FNX POLLONl&011 j, a e trxoSCi*lr NO DWCLL I NG QAN S6 CONAVOM Ulf iK OFA TEfto SA N I rA+NY ' Nm *,rb m S' no it ARE PNOV I0904 T PA Ot 37 tt rw &,is ifc *Ac )wsoccow apairmoor peartacs roo rypc* gw mousim® TRAY' ARE SNTI AAMV SNOOMPATIMLS NI VI ANY "PC 4W ftC@M CMrIAL XNV i NOMMENT EVER 8'iWarts By rm propLe for CAN &poems ONAV AIC IP YOU W14L now rr.pg mousime wd Tm omwNe uv m 2-s re.cr wife• NO A RICA It NOW.@# SCOIGNArtf ON rmc zox fie mo s rpf ! e C criaft" ar rW 0j;ljMj?j6r Or ONOP 990 IN Or* CNrisi rro 3 ° 1 PA CC 401 Aar . • " & *mweeirs 4mo couipma. -wr rmnoyva AND 90008 PRO- .tom' *or vmjx *r i 6NA84C NY RCA404 &r DV@rg 1 8"7r* Q* WA tCft QAR*$C# VIABrE a ON NO glifENT SMALL rW PERFORMANCE SFANDAROB WT FORIW FOR m -v ryp& a e a m ars as xxaccDca . �, 00 0 PA 06 A r rive spro i a. a oAno mar ro Ne ro REPice rift z ow Na eRam4w 4 aueecsrc® A Pnopaco Autw mcNr eliioa o'ms v*e eei*#Nca RwouLco Af UNrNINKAOLE' AND IlAPING NO 940M IN L41r, UPON OtaoKolve A PIND rmA r rms s4rcayARD i WAS eiieeE&ri Me 08 A PAP r Of PUBLIC LAOF4 rD DE SPECIFIC ARriaLc 7j DI4pm e4 or rms to LiNwa Rey I MR SrAr€iYE8 4tZOTION 288 73 -E PARAeRAOX 73tle. 1 HAVC ALSO BECK ADYi,'V -Q Ar AN ArrVRMEV rMAr or to Nor ohLr i+PePEe rD IxcLuar rw e I Rf ORMA r I oo i iv vir DRD i MAM oc, i 'r 10 A L oo DCo i 01448LE r nt 'aac I -wore rmA r VQZ AND 3 BE RCOLA090 ii i 7W TN9 7OL L OV I NG s E� .,.�� 2 -A AM APPEAL rD r)fA• 8040W Div APPEALS MAY ME TAKEN D Y ANY PERSON A AeP 1 CYC8 on e i AM r arr i ova,, cv- P.#RrAovv r, oeAip® on suac m or rsw mum i c i rAL I ry e ice' APPEAL $NALL SE r4KE'M WITHIN edleil rime As SMALL DE PREeeRIeER By rNE DDARD O" APPEALS D7 A ecwRAL PULE my p* L /Ma wi rm rsa a'R"i c'R ornoM wHON r /4E APPEAL 00 rAKlrX AND WITH arHE edARPi OF APPCALe A NOTI S or APPEALB WralppfAie r emouxas rhlcReor, THE OrFl eCe r*0N & MOM tW APPEAL is rAATN &HALL 10A7,, F3 .qi rj9 TRARee, r ro rmc BOARD ALL rmc PAPr:'Re comari ruriile rmr RECVRo uP om s I DPI rw ApprAL Ae ri ew is rAxas, 14,Pe1 2-0 AN APPEAL GrAyf ALL PROOOEQIN08 ON FuxrNCRANCC &F THE eAOI'I N APPCALCO FRON, ONLXOO THE OP- oriora JrRoM WHOM THE APPEAL is TA NCR QeNTI F i bs ro Tm' s omis OF AFTER riot RO re as vF APPEAL IRAN WCR P I LEO w / rH OlOo THAI OY RCAOON Or FAOT® OrArC& IN rM C GC*- � A STAY WOULD, IN HIS OPINIONS ®elU'SC IMNINCNr PXNIL TO L I FC OR PROPEN TY IN TM /O CiVCXT ?ME P8049900NaB 9HA&4 NOT NBC" SWIM RrOWRWI M THAN RY A RERTEAI NIMO ORDER NNIOR RAT RE 401ANT99 NY rNX BOARS OF APPAWO OR SY 4 , uAr ., or WORD ON APP & /OATION AND &V IPO?''IQV r0 i , tom►'" /oca FROM IYNON rNv APDX'AL to TAKfN, ANO ON OUC QAVOL" ONGIVO. 9-3 PROC COB I MO 3 -4 AN APPEAL SHALL RE r t ca worpt rWX PI LLAw @LERR. rNc PILLAor OLERK SMALL FORWARD rftr APPcXL r0 rpic 8ORINS BOARD Off` APPEALS FOP P ROCEBO I NC IN A OOO*®A 1/tc w i Tai roic OTArUTEO or rite RTArE OF /LLINOIO. 3 °8 rw BOARD Olr' APPEALS SMALL FIX A REARtiIIAOLc rime ro* rNt NZARI NO OF THE APPEAL AAPO ®I PE "E Norsor rmzAc F TO PARroca ANN atinc obv I oc I'HE APICAL vi rwN REAsON'm A ®LE Time, rte£ soAR® C.' APPEALS MAY REPERfC ' *D@ A07I NN® WHOLLY OR PARItYe OR MAY MODIFY THE ONDCRO RN'QvI REMENr OR DEO e O I OO OR ®c rePOI NArl oN As I N I a's oP I R 1 011 ovamr TO re NE MADC ON Ta11A• PRE0I4EO AND VV47 CAP® NAB ALL VIE PONCRN OF tMC OFF10CM r114D WKON TPPE APPEAL IO rAAWN.1 `O w_ - .��• --•'�' � it t� NIA) • k NAB' 108 A ma rsc oRiNmvow N Y REPLACO NO P4RAORAPll J W l rN T'Mr FOL LCNI NO s F or PeNsoN. i'I Aft op cCppoRm oN mmo vi oe.A 7`8e 091190 NEG1.90ft• AWUaCd TO COMPLY W I rep,, WR *NO 000 CNrQ,9W$ M T or ANY Or rPW MNOYINIONC OF TWO ORIN.0406o 4NAL& UA CON- rooriom aK r a NeM Nor Lr4N rOVAN O R9. Q0" NOR VQJW riVA#V 0900.00 POA CACN O"'I'SU, 9,00H DAY rM4 T,-A . F/O&ATICN 10 ocniv /rre® ro eoIor staLs► coNBr /rurc A dw.4,0419 onvawe mlee rKC SUMPI NN IN/$P CCTOR $8 WNQNY RED 16SA M& ANO Au rmoR tzgo IN CN )roftoa I'm$& aoo I NANOV, NowevAr , it smALL AL8o at rmc ourv, Or ALL OrPtO N8e olrIA'INN AND VMPL®YCA'S Of THE Vl LLAWs PARv'0CUL4RLY OF ALL NENNrNN Of Tme POLIO[ Aldo raNir DEPARrormTsA ,o A88C07 rC SVILMI*C ON&OCCrOft BY RSpoorime ro wo AkY NNw corsorovors4N. itc0000r"oriclo, PIWPORKN LAdNC 8 8e ON UPON ANY .TMONO VIOLATION. I's f y MAL RRKM OF M ZORM0 CO 3810 cr TIM Uor 0 M PAo$ 00i , Pr+rr� 1. At the direction and request at the Zoning Cots>mdasion a ' propomed stoning ardiname eras d7r&fted and a am* rasp prepared oover'ing the incorporated area of the Village of Gakbrookp, together with a tentative report of the said Zoning Commission* Pursuant to notice duly poeted by the VIZlafee Clark a oublic bears W vas held on the 15th day of Septfetd)ar, A. D. 1959, at trio hoar of 1r3C p.m. at the general offares of the Bustler Company, O-vkhrc, -k D± v! sion, Oakbrook, Mimi%. 3. At such public hearing all interested persons present were nermittevd to be heard W the said Zoning Commtesi on. !t. After dus consideration of all points raised at said public haaring, the Zoning Cotnssion ordered the following emandments to the proposed ordinances (a) The properties knova► as the Omm aria 3t eenhof propertioe on the south aide of Barger Road, stoned wW by the proposed ordinance, was changed to sRrl.° (b) The property Down an the Wirth property on the southwest comer of York and 31st Streets, zoned sin -1/44 by the proposed ordinance, was ehw4pd to eR..1/2. m 5. The Zoning Condssion therefore recostends the adoption by the President and Board of Trustees of the attached stoning ordinance, as amended. 6. This report has been adopted and is signed by a majority of the meanders of the Zoning Commission of the Villagt of Oakbrook Du Page County, Illinois. ZONIMO COMMON 0 P T98 VIU AM W DU PAJIC COUNTY, IYd, - NOIS Dated ! L �_^ 1l �. t i� a! hairmw .� ` Or ��:� _ _Member blesbea Mm*er f s A ? i A +6 I i - rl -5q M;A ire �a k� 4 n a i ZONING ORDINANCE Adopted by the President and Board of Trvstees of the Village of Oak Brook, Illinois on the 1 7th day of November, 1959 Being Ordinance No. G -8 of the General Ordinances of the Village of Oak Brook, Illinois Published Janvery 15, 1960 { VILLAGE OF OAK BROOK, ILLINOIS Board of Trustees T. A. Mohiman, President W. C. Calhoun James Carley Frank Kolar Albert Krueger Mrs. Donnis Poyton Edwarc O'Brian Phyllis Perkins, Village Clerk Zoning Committee Mrs. John Armstrong, Chairman George McHenry Edward O'Brian Mrs. Julius Butler Gordon Foster Arthur Melvin Allan Ro; sdon Planning Consultant Carl L. Gardner and Associates --- Chicago, Illinois f f ' ' 6 TABLE OF CONTENTS SECTION SUBJECT PAGE I TITLE ....... .. _ ------ I 11 PURPOSE AND INTENT .. . .............. 2 III RULES AND DEFINITIONS 3 IV GEN_ 'kL PROVISIONS Interpretation .......... .. .... .. . ..... ............ .... . . 13 Separability 13 Building on Lot -.,.13 Allowable Use of Land or Buildings ___13 Prohibited Use of Land or Buildings Control Over Use Control Over Bulk 14 Accessory Buildings and Uses .14 Special Uses 15 Permitted Obstructions Yards _15 Yards, General .......... 16 Flood-Plain Area _16 V ZONING DISTRICTS 17 Establishment of Districts .17 Map .17 Boundaries of Districts 17 Annexed Territory ..-To Exemptions 18 VI RESIDENCE DISTRICTS ---- --------- ----- --- -- -_- ----- - ------------- ._ _19 General Requirements—All Residence Districts ..- 19 R2 Single-Family Residence District .... ................20 R1 Single-Family Residence District -- --- ----- ------- _21 It% Single-Family Residence District -- - --------------- 22 RIA Single-Family Residence District .......... ....... -.23 RG General Residence District ............ ... . ....... ... . 23 VII BUSINESS DISTRICTS . .. . .. . ...... ....................... . ... 26 General Requirements—All Business Districts ...... .26 BI Local Shopping Center District 1 4£ �Y 9 ri32Y }1 c^ F { I i J TABLE OF CONTENTS {CantinueO SECTION SUBJECT PAG11 B2 Regioral Shopping Center District _._.28 B3 Restricted Business District ....._30 B4 General Business District Vill MANUFACTURING DISTRICTS __. _35 General Requirements ___.._ __35 M Limited Manufacturing District IX OFF-STREET LOADING AND OFF47RiI T PARKING _._41 Off-Street Loading -..-41 Off - Street Parking ____42 X NON - CONFORMING BUILDINGS, STRUCTURES, AND USES _.__47 Statement of Purpose —47 Authority to Continue Non- Conforming Buildings, Structures, and Uses - - -_47 Exempted Buildings, Structures, and Uses ____47 _.._54 Restrictions on [ion- Conforming Buildings, --- ____54 Structures, and Uses Thereof _48 Condemnation of Non - Conforming Buildings __57 and Structures ----S4 Non - Conforming Use of Buildings or Structures —50 Non - Conforming Use of Land —51 XI ADMINISTRATION 32 Certificates and Occupancy Permits Duises of the Suildt.sg Inspector Zoning Board of Appeals ___53 Appeals _ _.._54 Variations --- ____54 Plan CommiWan __ .55 Amendments ._ _ _ __57 Special Uses _ _ _57 Fees 58 Violation, Pe -'w, Enforcement _.__64 When Effective — — 61 G° AN ORDINANCE NOW, THEREFORE, BE IT RESOLVED, that the President and the Board of Trustees of the Village of Oak Brook, Du- Page Coun;v, Illinois, by virtue of the authority in it by law vested, does hereby ordain and ;pact the following Ordinance. SECTION I TITLE This ordinance shall be known, cited, and referred to as: THE OAK BROOK ZONING ORDINANCE i' _I �e R G4 • X01 ,�• �� SECTION 11 PURPOSE AND INTENT : This ordinance is adopted for the purpose oft .. promoting the public health, safety, comfort, murals, convenl. ens+, and general welfare; securing adequate light, pure air, and safety from fire and other dangers; ... conserving the taxable value of land and buildings throughout the Village of Oak Brook; ... dividing the entire Village of Oak Brook into districts and das- T $i#ying, restricting, and regulating therein the trades and Industries, and the location, construction, reconstruction, alter. 11• etion, and use of buildings, structures, and land, whether for residence, business, manufacturing, or other specified uses; i ... avoiding or lessening co igestion in the public streets; � preventing the overcrowding of land through regulating and limiting the height and bulk of buildings hereafter erected as related to land area; . . . establishing, regulating, and limiting, the building or setback ' lines on or along highways, streets, alleys, traffieways, drives, parkways, or property lines; regulating and limiting the Intensity of the use of lot ereas, and regulating and determining the area of open spaces within and surrounding buildings; .. establishing standards to which buildings or structures therein shall conform; .. prohibiting use$, buildings,' or strictures incompatible with the character of the residence, business, or manufacturing districts; ' I ' . . . preventing additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder; 1 i ... defining and limiting the powers and duties of the administra- tive officers and bodies as provided hereinafter; and ... prescribing penalties for the violation of the provisions of this , ordinance or of any amendment thereto. _2_ • ' , F a i7 X f 1�/ w _ /J ea 06 f' .I C7 Mt SECTION fit RULES AND DEFINITIONS The language set forth in the text of this ordinance shall be interpreted In accordance with the following rules of constructions the singular number includes the plural, and the plural the singular; the present tense includes the past and future tenses, and the future the present; ... the word "shall' is mandatory, while the word "{nay" is per. missive; . the masculine gender Includes the feminine and neuter; . whenever a word or term defined hereinafter appears in the text of this ordinance, Its meaning shall be construed as set forth in the definition thereof, and the meaning of any word not de- fined herein shall be in accordance with the definition contained In Webster's Dictionary; any word appearing in parenthesis be- tween a word and Its definition herein shall be construed in the same sense as that word; all measured distances, expressed in feet, shall be to the nearest Integral foot; if a fraction is one -half foot or more, the integral foot next above shall be taken; and .. . the following words and terms, whenever they occur in this ordinance, shall be Interpreted as herein defined. AIRCRAFT. , Any contrivance, now known or hereafter invented for use in or designed ,for navigation of or flight iri the air. AIRPORT (LANDING STRIP, HELIPORT, OR HELISTOP). Any premises which are used or intended for use for the landing and take -off of aircraft, and any appurtenant areas which are used or intended f it use for airport buildings or other airport structures or rights -of -way — together with ill airport build - Ings and structures located thereon. ALLEY. A right -of -way with a width not exceeding 20 feet which affords a secondary means of access to abutting property. ANU UAL HOSPITAL. Any building or portion thereof designed or used for the care, observe ion, or treatment of domestic animals. APARTMENTS — see DWELLINGS, MULTIPLE - :FAMILY. AUTOMOBILE LAUNDRY. Any building or portion thereof where automo- biles are washed using a conveyor, blower, steam -cleaning equipment, or otter mechanical device of productiorrline nature. —3— .s i i t t I I� G-4 11,41 f AUTOMOINLI SEW CE STATION (GAS STATIC". Any buliMng or poMon thereof or pretnlses used for dispensing or offering tar sale at r+etall any automotive fuels or oils, and having pumps and storage tanks ftmons also whew battery, tires, and o0wr similar services are rendered, but only If rendered wkolly within lot lines. Automobile service staftm do riot kWude open -sales lots as defined herein. When such dispensing, sale, or offering for sale of any fuels or oils Is incidental to the conduct of a public garage, the promises shall be classified as a public garage. AUTOMOBILE WRECKING YARD. Any area of land where throe or mom motor vehicles, not in running condition, or the parts thereof are stored In the open and are :got being restored to operation; or any land, building, or structure used for the wrecking or storing of such automobiles or parts thereof. AVMING. A roof -like cover, temporary in nature, which projects from the wall of a building and which may overhang a strut. BASlNT. A portion of a building located partly underground, but hav- ing less then half Its clear floor - toiling height below the average grade of the adjoining ground. BLOCK. A tract of lend bounded by streets or by a combination of one or more streets, public parks, cemeteries, and other public iond uses. BUILDABLE AREA --for the purpose or measuring lot width. The narrowest l width within the 30 feet of lot depth immediately In back of the front -yard setback line. BiD►D9113. Any structure having a roof, supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal, or chattel. When any portion thereof 4 completely separated from every other portion by a party wall, then such portion shall be deemed to be a ` separate building. RURDING, ACCESSORY. A subordinate building or portion of a principal f building the use of which :s incidental to that of the principal building and custornary in connection with that use. 1 BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from _ the adiaeent open space or from other buildings or structures by a perm- . anent roof and party walls and by exterior walls pierced by only windows end normal entrance or exit doors. 1 ROiMMO, DETACHED. A principal building surrounded by open space on the same lot. BUILDING NW81 tT. The vertica! distance measured from the established curb level .o the highest paint of the under side of the ceiling beams, in the case of a flat roof; to the deck line of a mensard roof; and to the mean level of the under side of rafters between the eaves and the ridge or a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in cal- culating be height. BUILDING, PRINCIPAL. A non - accessory building in which is conducted the principal uss of the lot on which it is located. —4— , ilo. � ~ O r i r 1 i k 0 c BUILDING, RESIDENTIAL. A building arranged, designed, used or intended ro be used for residential occupancy by one or more families. Residential buildings include, but are not limited to, the following types, (1) single- family detached dwellings, (2) two- family dwellings, (3) multiple- family dwellings, and (4) a row of one or two - family attached dwellings developed initially under single ownership or control. BUILDING, TEMPORARY. Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed. BULK. A composite characteristic of a given building as located upon a given lot —not definable as a single nuantisy, b• +t involving all of the follow- ing characteristics. (1) sire and height of building, (2) location of exterior walls at all levels in relation to lot imes, streets, or to other buildings, (3) gross floor area of the building in relation to lot area (floor area ratio), (4) al; open spaces aliocated to the building, and (S) the amount of lot area provided per dwe ;ling unit. BUSINESS. An Occupation, employment of enterprise which occupies time, attention, labor, and materials, or wherein merch .n Jise is exhibited or sold, or where services are offered. CELLAR. The portion of a L.uilding located partly or wholly underground and having haif or more than halo of its clear floor -to- ceding height below the average grade of the adjoining ground. CLUB OR LODGE, PRIVATE. A non - profit association of persons who are bona -fide members paying dues which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. CURB LEVEL. The level of the established curb in front of a building or structure measured at the center of such front. Where no curb level has been established it shall be deerned to be the established level of the center line of the street surface in front of a building or structure measured w the center line of such front DECIBEL A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels DWELLING. A residential building or ,~portion thereof, but not including hotels, motels, rooming houses, nursing homes, tourist homes o- trailers. DWELLING UNIT. A group of roor*ns constituting all or part of a dwelling which are arranged, designed, used, or intended for use exclusively as liv- ing quarters for one family and an aggregate of not more than two roomers or boarders, and which include complete kitchen facilities, permanently installed. DWELLINGS, ATTACHED (GROUP, ROW AND TOWNHOUSES). A dwelling joined to two other dwellings by party walls, DWELLING, SINGLE - FAMILY. A dwelling containing one dwelling unit which is -ether detached, semi- detached or attached. DWELU NG, DETACHED. .A dwelling which es entirely surrounded by open spaces on the same lot. ■mis �I ii , �i G -4 11 -11 -Sq M14 DWELLING,r SEM148ETACHED. A dwelling which Is joined to one other dwelling by a party wall. DWELLING, TWO - FAMILY. A dwelling containing two dwelling units which are detached, semi-detached or attached. DWELLING, MULTIPLE-FAMILY. A dwelling containing three or more dwel- ling units. EFFICIENCY UNIT. A dwelling unit consisting of one principal room to. gether with bathroom, kitchen, hallway and closets and may contain a dining alcove directly off the principal room, provided such dining alcove does not exceed 90 square feet in area. FAMILY. One or more persons each related to the other by blood, marriage, or legal adoption, or a group of not morn than three persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. FENCE, SOLID. A fends, including solid entrance and exit gates, which conceals from viewers in or on adjoining properties and streets materials stored and operations conducted behind it. FLOOR AREA —for the purpose of determining the floor area ratio, conver- sions of existing structures and rna,ximuto raze of lusiness establishments. The sum of the horizontal area of the floor space contained in all floors, in- cluding a basement floor, but not including a cellar floor of a building or buildings on a lot-- -measured in square feet from the exterior faces of the exterior walls of each building, or from the center line of party walls separ- ating two buildings. Such floor area shall also include: a. space devoted to elevator shafts and stairwells at each floor; b. floor space used for mechanical equipment when the structural head- room exceerls seven feet, ten inches in height, except equipment such as bulkheads, water tanks, and cooling towers, when located on the roof, whether or not such equipment is in the open or enclosed; c. floor space in that part of a half -story where headroom is seven feet, ten Inches or more in height; d. floor space devoted to interior balconies, mezzanines, and enclosed porches; e. floor space devoted to accessory uses in the principal building and in the accessory building or buildings; and f. floor space devoted lo enclosed off - street parking and off - street loading. FLOOR AREA—for the purpose of determining off -street parking and off- street loading requirements. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to such use re- quiring off - street parking and off - street loading, including accessory storage areas located within .,elling or working space such as counters, ranks, or closets, and any basement floor area devoted to dwelling purposes, to re- tailing activities, to the production or processing of goods, or to business or professional offices. Novtever, such floor area shall not include: floor area devoted primarily to storage purposes (except as otherwise noted here- in); floor area devoted •o off - street parking or loading facilities, including aisles, ramps, and maneuvering space; or cellar floor area other than area devoted to retailing activities, to the production or processing of goods, jr to business or professional offices. - -,d— 1( -11•sq ik0 FLOOR AREA RATIO. The numerical value obtained through dividing the floor area of a building or buildings by the net lot area on which such building or buildings are located. FREQUENCY. The number of oscillations per second In a sound or other type of wave measuring the pitch of the resulting sounu. GARAGE, PRIVATE. An accessory building or an accessory portion of the principal building which is intended for and :ised for storing the private passenger vehicles and one commercial vehicle of not more than one and one -half ton load capacity of a family or families resident upon the pre- mises, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on, provided that not more than one -half of the space may be rented for the private passenger vehicles of persons not resident on the premises, except that all the space in a garage of one or two -car capacity may be so rented. GARAGE, PUBLIC. Any building within which automotive vehicles are paint- ed, repaired, rebuilt, reconstructed or stored or compensation. GARAGE, STORAGE. A building used for housing only of motor vehicles pursuant to previous arrangement, and riot by transients; and where no equipment or parts are sold and vehicles are not rebuilt, serviced, repaired, hired or sold, except that fuel, grease or oil may be dispensed within the building to vehicles stored therein. GROUND -FLOOR AREA. The lot area in square feet covered by a single - family dwelling, measured from the exterior faces of the exterior walls of the building. Such area shall include only the area devoted to dwelling purposes, including enclosed utility rooms on the ground floor of a dwelling and shall not include area devoted to garage, breezeway or carport. HOME OCCUPATION. A gainful occupation or profession conducted by a member of a family residing on the premises, but not including any activ- ity that does cause annoyance to neighbors or requite the use of a sign. MOTEL. A building containing lodging rooms, a general kitchen ar•' dining room, a common entrance lobby, halls and stairway; and where ! odging rooms do not have a doorway opening directly to the outdoors, a ,cept for emergencies; and where more than 50 percent of the lodging moms ore for rent, with or without meals, to transient guests for a continuous per od of less than 30 days. HOTSL, APARTMENT. A hotel in which at least 50 percent of the hotel accommodations are for occupancy by permanent guests (30 days or mare). JUNK YARD. An open area where waste, used or second -hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto- wrecking yard, but does not include such uses as are conducted entirely within enclosed buildings. KENNEL. Any premises where three or more domestic animals over four months of age are owned, boarded, bred and /or offered for sale. LODGING ROOM. A room rented as sleeping and living quarters, but with. out cooking faciiities, and with or without an individual bathroom. In a —7_ jgk i suite of lodging rooms each room which provides sleeping accommodations shall be counted as one lodging room. LOT. A. parcel of lard, whether legally described or subdivided as one or more lots or parts of lots, located within a single block, and which is occu- pied by or intended for occupancy by one principal building or principal use, together with permitted accessory buildings and required open spaces, and having its principal frontage upon a street. LOT AREA. The area of a horizontal plane bounded by the vertical planes through front, side, and roar lot lines. LC4 1WORNiER. A lot situated at the junction of and abutting on two or more Intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which Is 135 degrees or le? . i LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries. LOT LiNE. A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abut- ting street or alley, the lot line shall be deerned to be the street or alley right -of -way line, LOT LIio1E, FRONT. That boundary line of a lot which is along an existing or dedicated street lot line and which is established by the owners as a front lot line. On corner lots, they owners may select either street lot line as the front lot line. LOT LINE, REAR. That boundary of a lot which is most distant from acrd is, or is approximately parallel to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the Near lot line shall be deemed to be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lo? line. LOT LiNE, SIDE. Any boundary of a lot which is not a front or rear lot line. LOT, REVERSED CORNER. A corner lot, the street -side lot line of which % substantially a continuation of the front lot line of the first lot to its rear, LOT, THROUGH. A lot which has a pair of opposite lot lines along two more or less parallel streets and which is not a corner lot. On a through lot, bo ?h strut lines shall be deemed front lot lines, except in the case of two or snore contiguous through lots there shall be a common front lot line. MARQUEE (CANOPY). A roof -like structure of permanent nature which projects from the wall of a building and may overhang the public way. MOBILE HOME. A trailer designed and constructed primarily for dwelling purposes. MOBILE HOME PARK, Any premises on which are parked one or more mobile homes on any premises used or held out for the purpose of supplying to the public a parking space for one or more such mobile homes. does not include sales lots on which butomobi!es, trailers, or mobile homes —new or used —are parked for purposes of inspection and sale. MOTEL. A building containing lodging rooms having adjoining individual bathrooms, and where each lodging room has a doorway opening directly to the outdoors and more than 50 percent of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days. —8— (or It -17 °Sq Mrs MOTOR FRRIONT TERMINAL. A building and premise in which freight, shipped by motor truck or railroad, is received, assembled, sorted and re- routed for local, antra -state or inter -state shipment by motor truck. MOTOR VEHICLE. Any self- propelled wheeled vehicle designed primarily for transportation of persons or goads along public streets. NAMEPLATE. A sign indicating the name and address of a building or the name of an occupation thereof, and the practice of a permitted occupation therein. NET LOT AREA. The area inside of lot lines, exclusive of streets and alleys. NOXIOUS MATTER. Material which is capable of causing injury or malaise to livi ng organisms or is capable of causing detrimental effects upon the health or the psychological, social or economic well -being of human beings. OCTAVE BAND. A term denoting all frequencies between any given fre- quency and double that frequency OCTAVE BAND FILTER. An electrical frequency separator, designed ac- cording to standards formulated by the American Standards Association and used in conjunction with a soundlevel meter to take measurements in specific octave intervals. (American Standard for Sound -Level Meters, A.S.A. No. 224.3 — 1944). OPEN SALES LOT. Any land used or occupied for the purpose of buying, selling, or renting passenger cars, trucks, trailers, motor scooters, motor- cycles, boats, aircraft, monuments, or other similar merchandise, and for the storing of same prior to sale or rental. PARKING LOT. A premise where more than four motor vehicles in running condition are parked, whether or not a fee is charged; and where parking of motor vehicles is primarily for continuous periods of less than 12 hours time; and where no equipment or parts are sold and motor vehicles are not processed, rebuilt, serviced, repaired, hired, or sold; and where fuel, grease, oil or similar commodities are dispensed. PARTICULATE MATTER. Material which is suspended ;n or discharged Into the atmosphere in finely divided form as a liquid or solid at atmospheric temperature and pressure. PARTY WALL. A wall starting from the foundation and extending continu- ously through all stories to or above the roof which separates one building from another, and is in joint use by each building. PERFORMANCE STANDARD. A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PLANNED DEVELOPMENT. A parcel or tract of land which is to be developed as an integrated unit and which will contain two or more principal buildings, and where community or public sanitary sewerage and water supply sys- tems are provided. REFUSE. All waste products resulting from human habitation, except sewage, RESEARCH LABORATORY. A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experiment- ation, but not facilities principally for the manufacture or sale of products. —9— r ,�1w�t..1..1t..i.i Y� e.iA. � {f..o:•i �. /. i:+.MY !r''�IjG.y,y►y....a �.� ... . _ � .s. . td� =. . MIA RINGELNIANN CHART. A chart which is described in the U. S. Bureau of Mines Information Circular 6888, and on which are illustrate: graduated shades of grey for use in estimating the light- obscuring capacity of smoke. RINGELMANN NUMBER. The number of the area on the Itingelmann Chart that coincides most nearly with the light - obscuring capacity of smoke. SCREENING. A structure erected or vegetation planted for concealing from viewers the area behind it. SIGN. A name, identification, description, display, or illustration which Is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or piece of land; and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, a sign shal! not include the following (a) any display of official court or public office notices; (b) the flag emblem or insignia of a nation, political unit, school, or religious group; and (c) a sign Ioceted completely within an enclosed building unless the context is intended to be viewed f rom a street. Each display surface of a sign shall be considered to be a separate sign. SIGN, ADVERTISING (BILLBOARD OR POSTER PANEL). A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at any location other than upon the premises where such sign is located or to which it is affixed. SiGN, BUSINESS. A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment conducted, sold or offered upon the premises where such sign is located or to which it is affixed. SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationery or constant in intensity in color at all times when such sign is in use. For the purpose of this ordinance, any moving illumin- ated sign shall be considered a flashing sign. SIGN, GROSS SURFACE AREA OF. The entire area within a single continu- ous perimeter enclosing the extreme limits of a sign, and in no case passing through or between any adjacent elements of the same. However, such perimeter steal! not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. SMOKE UNITS, NUMBER OF. The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading is made at least once every minute du; ing the period of observation; each reading is then multiplied by the time in minutes during which it is observed; the various products are then added together to give the total number of smoke units observed during the total period under observation. SOUND-LEVEL METER. An instrument standardized by the American Stand. ards Association for measurement of the intensity of sound. STABLE, PRIVATE. A private stable is any building which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing l•*rses for the private use of occupants of the dwelling. _10— Gr IRS Mfg STABLE, PUBLIC, A building where horses are kept for remuneration, hire or sale. STORY. That portion of a building included between the surface of any floor and the surface of the floor next above; or If there is no floor above, the space between the floor and the calling next above. A basement shall be counted as a story and a cellar shall not be counted as a story. STORY, HALF. A space under a sloping roof which has the line of intersec- tion of roof decking and wall not more than three feet above the top floor level, and in which space not more than 64 percent of the floor area is com- pleted for principal or accessory use. STREET (AVENUE, PLACE, LANE, ROAD, BOULEVARD, TERRACE OR PARK - WAY). A right -of -way of required width which affords a primary means of access to abutting property. STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing w3lls, partitions, foundations, columns, beams or girders; or any substantial change in the roof or exterior walls. STRUCTURE. Anything erected the use of which requires more or less perm- anent location on the ground, or attached to something having a permanent location on the ground. A sign or other advertising device, detached or projecting, shall be construed to be a separate structure. TOXIC MATERIAL. A substance (liquid, solid or gaseous) which by reason of an inherent deleterious property tends to destroy life or impair heath. TRAILER. Any vehicle or portable structure constructed so as to permit occu- pancy thereof for lodging or dwelling purposes, or for use as an accessory building or structure in the conduct of a business, trade or occupation; and which is so designed and constructed that it Is, or may be, mounted on wheels and used as a conveyance on streets and highways; and which is propelled or drawn by its own or other motive power. USE. That purpose or activity for which the land or building thereon is de- signed, arranged, or intended, or for which it is occupied or maintained. USE, ACCESSORY. A subordinate use which is clearly and customarily inci- dental to the principal use of a building or premises, and which is located on the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere. USE, NON - CONFORMING. Any use of a building or premises which on the effective date of this ordinance does not, even though lawfully established, comply with all of the applicable use regulations of the zoning district in which such building or premise is located. USE, PERMITTED. Any building, structure, and use which on the effective date of this ordinance complies with the applicable regulations governing permitted uses of the zoning district in which 'uch building, structure, and use is located. USE, PRINCIPAL, The main use of land or building, as distinguished from a subordinate or accessory use. USE, SPECIAL. Any building, structure, and use which complies with the applicable regulations governing special uses. ,e --11 -- lu ,� i FI ui r� r 1 OJ _�e_.e.v,. of _.. ✓. y_ ... +.a�u. w. .. r., i. K ,•f Its,, �I6A� YARD. An open space on a lot which Is unoccupied and unobstructed from Its lowest level to the stay. A yard extends along a lot line and at right angles to such line to a depth or width specified in the yard regulations for the zoning district in which such lot is located. YARD, FWNL A yard extending along the full width of and from the established front lot line between side lot lines to the front building line in depth. YARD, REAR. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. YARD, SIDE. A yard extending along a side lot line between the front and rear yards. —12— E , 1 t tj i 3' A. INTERPRETATION B. C. 0 0 3. 4 C7' 9 SECT )ON Iii GENERAL PROVISIONS $11p In their interpretation and application the provisions of this ordin- ance shall be held to be the minimum requirements for the pro- motion of the public health, safety, morals and welfare. Where the conditions imposed by any provision of this ordinance upon the (a) use of land or buildings, (b) the bulk of buildings, (c) floor area requirements, (d) lot area requirements, and (e) yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or of any other law, ordinance, resolution, rule or regu- lation of any kind, the regulations which are more restrictive, or w,iich impose higher standards or requirements shall govern. This ordinance is not intended to abrogate any easement, coven- ant or other private agreement, provided that where the regulations of this ordinance are more restrictive, or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this ordinance shall govern. No building, structure, or lase not lawfully existing at the time of the adoption of this ordinance shall become, or be made lawful solely by reason of the adoption of this ordinance; and to the ex- tent that, and in any manner that said unlawful building, structure or use is in conflict with the requirements of this ordinance, said building, structure or use remains unlawful hereunder. SEPARABILITY It is hereby declared to be the intention of the President and the Board of Trustees of the Village of Oak Brook that the several provisions of this ordinance are separable, in accordance with tha following: 1. If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in said judgment. 2. If any court of competent jurisdiction shall adjudge invalid the application of any prow ?;ion of this ordinance '.- a particular prop - erty, buiiding or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. BUILDING ON LOT In Single - Family Residence Districts every single- family dwelling hereafter erected or structurally altered shall be located on a lot, and there shall not be more than one principal building on one lot. ALLOWABLE USE OF LAND OR BUILDINGS The following uses of land or buildings are allowed in the districts indicated hereinafter in Sections VI, VII, and VIII under the conditions specified in this ordinance. —13— 1. Uses lawfully established on She effective date of this ordinance. 2. Permitted Uses as designated in Sections VI, VIi, and VIII. 3. Special Uses. E. PROHIBITED USE OF LAND W BUILDINGS No building or tract of land shall be devoted to any use other than one which is specified as a Permitted or Special Use in Sections VI, VI1, and Vill in the zoning district in which such building or land Is located. However, where a bull ling permit for a building or structure has been issued in accordance with law prior to the effective date of this ordinance, and where construction has been begun within six months of such effective date and diligently prosecuted to completion, seid building or structure may be completed in accordance with ap- proved plans on the basis of which the building permit was issued; and further, may upon completion be occupied under a certificate of occupancy by the use originally designated. F. CONTROL OVER USE No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located, except as otherwise provided by law. G. CONTROL OVER BULK All new buildings shall conform to the bulk regulations establish. ed herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally alter- ed, converted or relocated in such a manner as to conflict, or to further conflict with the bulk regulations of this ordinance for the district It which such building shall be located. H. ACCESSORY BUILDINGS AND USES 1. Accessory uses shall be compatible with the principal use and shall not be established }prior to the establishment of the principal use, and shall not include the keeping, propagation or culture of pigeons, poultry, or livestock — whether or not for profit, except horses may be kept in districts where private stables are a permit- ted accessory use. Private swimming pools shall be permitted accessory uses in any Residence District, provided they conform with the regulations of this ordinance and other applicable ordin- ances of the Village of Oak Brook. 2. No accessory building, unless it is structurally a part of the principal building, and unless it conforms with requirements of accessory buildings for special uses, shall be erected or altered at, nor moved to a location within ten feet of the nearest wall of the principal building, nor within the required area for front or side yard of the lot, as set forth for the district in which it is located. An accessory building in a rear yard shall be rot less than five feet from any property line, except on corner lots an accessory building shall be not nearer than the required depth of the front yard along the property line adjoining a street. 3. No accessory building shall encroach upor. that side yard of a corner lot which is adjacent to the street, nor upon that side yard —14— r v W17,5 Tlz Gr 4W 9 a-8-1. Ms of a reversed corner lot which is adjacent to the street, nor upon the rear yard of a through lot. 4. No accessory building shall have more than one story, nor exceed 17 feet in height, or exceed the height of the principal structure, unless otherwise permitted as accessory to business and manufac- turing uses or to authorized special uses. SPECIAL USES 1. To provide for the location of certain uses hereinafter specified which are deemed desirahle for the public welfare within a given district or districts, but which might have an adverse eff -t upon nearby properties or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are set forth in Sect'on X. 2 Where a use exists on the effective date of this ordinance, and it is classifies as a special use by said ordinance, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or land improveme +ts for expansion of lawful special uses may be made within the area of the lot included in the owner- ship existing at the time of adoption of this ordinance, and they shall be subject to yard, floor Area ratio, and building height re- quirements set forth in this ordinance for permitted uses in the districts in which they are located. J. PERMITTED OBSTRUCTIONS -- YARDS For the purpose of this ordinance the following shall not be con - s:dered as obstructions when located in the yards indicated, but such obstructions shall be subject to applicable regulations contained else- where in this ordinance. 1. In any yards: Chimneys, overhanging roof eaves, open terraces, marquees, and awnings adjoining the principal building, provided they do not exceed ten percent of the depth or width of the yard, ornamental light standards or flagpoles, and fences on resi- dential lots at least 220 feet wide and at least two acres in area. On any corner lot, permitted obstructions shall be not higher than 24 inches above curb level if located in that portio n of a required front or side yard situated within 25 feet of the lot corner formed by the intersection of any two street lines. 2. In front yards and side yards abutting a street: In 131, 83, and B4 Districts, accessory, open off - street parking spaces, except in that part of sich yards located nearer than 40 feet from the lot line abutting a street. 3. In side yards: Except in a side yard abutting a street, open acces- sory off- street parking spaces and fences not to exceed six feet in height on residential lots less than 220 feet wide and two acres in area. 4 In rear yards: Private garages or carports if attached or structurally a part of the principal building, or detached private garages or car- ports; open accessory off - street parking spaces; open off - street losding berths; accessory sheds, tool rooms, or other similar acces- sory buildings; private stables; recreational and laundry- drying equipment; private swimming pools; arbors and trellises; fences —15— r, "Aim not to exceed six feet in height on residential lots less than 220 feet wide and two acres In area and eight feet in height on business and manufacturing lots. Accessory buildings or structures may occupy not more than 30 percent of a rear yard. In a 81, S3 or 84 District, an accessory building or structure shall not be permitted within 20 feet of the rear property line that adjoins a residence district boundary line. Any yard which adjoins a street shall be considered a front yard. K. YAR DS, GENERAL 1. The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure. 2. No lot shall be reduced in area so that the yards or other open spaces become less then required by this ordinance. 3. On streets where a front -yard setback hai been maintained for buildings exiting on lots or tracts having a frontage of 50 percent or more of the total frontage on one side of that portion of any street lying between two intersecting streets, there shall be main- tained a front-yard setback of not less than the average setback of the aforementioned existing buildings. d. On a vacant through or corner lot, either of the lot lines abutting a street right -of -way line may be established as its front lot line, except that where two or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street. L. FLOOD -PLAIN AREA In the continuous area, and three feet beyond such area adjacent to a stream, stream bed, or other natural drainage basin or channel, whose elevation is equal to or lower than the flood -crest elevation, including also any land of higher elevation having an elevation equal to or lower than the flood -crest elevation, :m building or structure shall be erected with the elevation of a habitable floor, induding a basement lower than three feet above the flood -crest elevation. The flood -crest elevation shall be the flood levels as established by the Village Engineer of Oak Brook on the effective date of this ordinance, or as may be subsequently established by the Village Engineer. —116— &MR9 11.101--st wa ZONING DISTRICTS A. ESTABLISHMENT OF DISTRICTS In order to carry out the purposes and provisions of this ordinance The Village of Oak Brook is hereby divided into the following districts: 1. Residence Districts a. R2 Single- Family Residence District b. R1 Single- Family Residence District c. R1 /a Single- Family Residence District d, R1 /a Single- Family Residence District e. RG General Residence District 2. Business Districts a. B1 Local Shopping Center District b. B2 Regional Shopping Center District c. B3 Restricted Business District d. B4 General Business District 3. Manufacturing District M Limited Manufacturing District The location and boundaries of the districts established by this ordinance are set forth on the "Oak Brook Zoning District Map, dated November 17, 1959" which is incorporated herein and hereby made a part of this ordinance. The said map together with everything shown thereon and al: amendments thereto, shall be as much a part of this ordinance as though fully set forth and described herein. The said map shall be filed with the office of the Village Clerk and certified copies thereof in the office of the Building Inspector, and shall be open to public reference at all times during which those offices are open. C. BOUNDARIES OF DISTRICTS When uncertainty exists with respect to the boundaries of the various districts, as shown on the Oak Brook Zoning District Map, the following rules shall apply: I. District boundary fines are either the center lines of highways, streets, alleys, easements or tract or lot lines, or such lines extended unless otherwise indicated. 2. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or high- way, the depth of such strips shall be in accordance with dimen- ;ons shown on the maps measured at right angles from the center line oz c street or highway, and the length of frontage shall be in accordance wak dimensions shown on the map from center line: of streets or highways ;;mess otherwise Indicated. 3. Where a district boundary line divides a lot in single ownership the regulations for either portion of the lot may, in the owner': discretion, extend to the entire lot, but not more than 25 feet be yond the boundary line of the district. —17— it • i .} may 44 �_:Ir,T- !• 0 6 0. ANNEXED TR 11ORY � Any additions to the Incorporated area of the village resulting � from disconnection by the county or otherwise shall be automatically classified as in the R2 Single- Family Residence Districts unless otherwise classified by amendment to the ordinance. 1 E. EXEMPTION$ t 1. The following public utility uses are permitted In any district; cables, conduits, vaults, laterais, pipes, mains, valves, any other similar distributing equipment, or outdoor telephone booths, pro- vided that instahation and location shall conform with this and other applicable ordinances. 2. The use of above -the- ground utility carriers, such as poles, is pro- hibited excep4 when authorized as a special or temporary use. 18 Y, I --- �1 ! lei SECTION A RESIDENCE DISTRICTS A* GENERAL REQUIREMENTS --d ALL RESIDENCE DISTRICTS 1. Borne occupations shall be permitted. ! #.:I1. sQ M 10 2. Signs a. Uniliuminated nameplates are permitted subject to the follow- lowing regulations; In R2, R1, R% and RIA Districts a nameplate shall not ex. ceed 48 square inches In area, and shall Indicate only the name or name and address of the occupant; there shall be not more than one such nameplate for each dwelling, provided that It Is affixed to the dwelling flat against the door, or an a wall adjacent thereto, or may be Iocatsd elsewhere on an accessory building or structure or piece of land within the boundaries of the lot. In an RG District such a nameplate shall be permttttee; for a single- family or two-family dwelling, but for a ml.itiple. family dwelling a nameplate may not be more thr w three square feet in area; such a nameplate may be afrixed flat against the building, but not located higher than e,ie story or 20 feet above the curb level, whichever Is lower. Such a nameplate may also be located in a yard adjoining a street, provided it is not nearer to the street line than one -half the depth of the yard and does not exceed four fcet in height. b. UnPluminated "For Sale" and "For Rent" signs pertaining io the sale or rent of the property where the sign is located are permitted subject to the following. There shall be not more than one sign per lot, except that on a corner lot two signs —one facing each street- -shall be per. mitted. No sign shall exceed 12 square feet In area and be closer titian eight feet to any side and rear lot line, nor closer to the front lot line than one -half the depth of the front yard. Such a sign, when affixed fiat against the building, shall not project higher than one story or 20 feet above curb level, whichever Is lover; and a ground sign shall not project higher than eight feet above ground grade. c. illuminated, non - flashing church - bulletin signs are permitted subject to the following regulations. There shall be not more than one sign per lot, except on a comer lot two signs --one facing each street —shall be per. mitted, provided that such a sign or signs shall be located on the same lot as tho principai church use. No sign shall ex- ceed 16 square feet in area and be closer than eighr feet to any side and rear lot line, nor closer to the front lot line than one -half the depth of the front yard. Such a sign, when affixed flat against -the building, shall not project higher than one story or 20 feet above curb level, whichever is lower; and a ground sign shall not projec9 higher than eight feet above ground grade. —19 0 1 � 16 t i I i CT 11 Intl W MIN, B. I2 SINGI FAMILY RESIDENCE DISTRICT 1. Permitted Uses The following uses are permitted: a. Single- family detached dwellings. b. Accessory uses to the above permitted uses, Including but not limited to offices for conduct of church functions in single - family detached dwellings used as rectories or personages, and as an accessory to single-family detached dwellings; pri- vate stables, when such stables are located at least 150 feet from the front lot line and 30 feet from is side and rear lot line. ' 2. Special Uses The following uses are allowable special uses: .a, Churches. b. Colleges and universities and uses accessary and Incidental thereto —but not colleges or trade schools operated for profit. c. Convents, monasteries, and seminaries. d. Growing of craps in the open, including also truck gardens and tree nurseries, provided that no livestock (other than per- mitted as an accessory use under paragraph 1-e, above), t poultry, or pigeons are kept, and that no offensive odors or ' dusts are created; and further, that no sales are conducted fo om a store erected or maintained on the premises. e. Libraries, public. f. Municipal recreational buildings and c -immunity canters. g, Outdoor recreation, private or public, not operated for profit -- such as: golf courses, but not miniature or Par 3 courses or cornmerciaily- operated driving ranges; equestrian sports, horse � shows, and hunter trials; dog shows and field trials; hunt clubs; gun clubs; conservation clubs; fishing ponds; private ' parks and playgrounds; and accessory buildings or structures for accessory uses customarily incidental to such principal uses, including, but net limited to, stables, kennels, and club houses, provided that accessory buildings and structures are located not less than 150 feet from any property line of a residential lot. h. Parks and playgrounds— publicly -owned and operated. I, Planned developments —each on a tract of land not less than 80 acres in area, provided each lot designated as the site for a single - family dwelling shall be not less Than one acre in area or more than three acres in area; and that each lot less s that. two acres in area shall be at least 150 feet wide within the buildable erea. J. Schools, public, parocHial, or private, boarding or non-boerd- ing— elementary, junior high, high, or junior college. k. Temporary buildings and uses necessary for construction pur- poses for a period not to exceed one year. +. Utility and public service uses including: (1) electric substations-or distribution stations; (2) fire stations; (3) police stations; —20— I 1 d s A. G. .� (4) transit and transportation facilities, including shelters, terminals, and parking areas. (bj telephone exchanges, micro -wave relay towers, and tele- phone transmission- equipment buildings; (6) water filtration and sewage treatment plants, umping stations, and reservoirs— munidpally -owned and operat- ed: and (7) other public or private utility service uses. 3. tot Area Not less than two acres. 4. Last Width Not less than 220 feet within the buildable area. 5. Building Height Not to exceed two and one -half stories or 30 feet, whichever is lower. 6. Ground Floor Area Per Dwelling a. One story dwellings —not less than 2,000 square feet. b. Dwellings having more than one story --not less than 1,500 square feet. 7. Front Yard Not less than 50 feet in depth. S. Side Yards Two side yards --each side yard not less than 30 feet in width, ex- cept on a corner lot a side yard adjoining a street shall be not less than 50 feet in width. 9. Ream lard Not less than 100 feet in depth. 10. Off - Street Loading Loading berths to accordance with provisions set forth in Section IX of this ordinance. 11. Off- Street (Parking Parking spaces in accordance with provisions set forth In Section IX of this ordinance. R1 SINOMFAMILY RESIDENCE DISTRICT 1, Perms f4d Uses Those uses permitted in an R2 District. 2. Special Uses. Those special uses allowed in the R2 District, except that each planned development may be on a tract of land 40 acres or more in area, provided that each lot designated as the site for a single - family dwelling shell be not less than one-half acre In area or more than one and one -half acres in area; and that each lot less than one acre in area shall be at least 100 feet wide within the buildable area. 3. Lot Area Not less than one acre. 4. Lot Width Not less than 150 feet within the buildable area. 5. Ground Floor Area Per Dwelling a. One story dwellings —not less than 1,500 square feet. b. Dwellings having more than one story --not less than 1,250 square feet. —21— 1. s i �7 6. Building Height Not to exceed two and one-half stories or 30 feet, whichever Is lower. 7. Front Yard Not less than 40 feet in depth. S. Side Wards Two side yards --each side yard not less than 18 feet in width, ex- cept that on a corner tot a side yard adjoining a street shall be not less than 40 feet in width. 9. Rear Yard Not less than 60 feet in depth. 10. Ofd Street Lading . Loading berths in accordance with provisions set forth in Section IX of this ordinance. 11, Off- Street Pairkbig Parking spaces in accordance with provisions set forth in Section IX of this ordinance. D. R% SINGLE - FAMILY RESID1 NCI DISTRICT 1. Permitted Uses Those uses permitted in en R2 District. 2. Special Uses Those special uses allowed in an R1 District, except each planned development may be on a tract of land 40 acres or more in area, provided that each lot designated as the site for a stingie- family dwelling shall be not less than one - quarter acre in area or more than three- quarter acre in area; and that each lot less than one- half acre In area shall be at least 100 feet wide within She build - able area. 3. Loot Area Not less than one -half acre. 4. Lot Width Not less then 100 feet within the buildable area. 5, Ground Floor Area Per Dwelling a. One story dwellings --not less than 1,500 square feet. b. Dwellings having more Than one story —not less than 1,000 square feet. 6. Building Height Not to exceed two and one -half stories or 30 feet, whichever Is lower. 7. Front Yard Not less than 40 feet. a, Side Yards Two side yards, each side yard not less than 12 feet in width, ex- cept on a corner lot a side yard adjoining a street shall not be iess than 40 feet in width. 9. Rear Yard Not less than 40 feet in depth. 10. Off - Street Loading . Loading berths in accordance with provisions set forth in Section 1X of this ordinance. —22— s ti 0 It. MStreot Parking Parking spaces in accordance with provisions set funi'~ in Section IX oft is ordinance. E. Ilya SINGLE - FAMILY RESIDENCE DISTRICT 1. Permitted Uses Those uses permitted in an R2 District. 2. Special Uses Those special uses allowed in an R1 District. 3. Lot Area Not less than one -fourth acre. 4. Lot Width • Not less than 75 feet within the buildable area. 5. Ground Floor Area Per Dwalling a. One story dwellings —not less than 1,1 r0 square feet. b. Dwellings having more than one story ---not legs than 850 square feet. 6. Building Height Not to exceed two and one -half stories or 30 feet, whichever is lower. 7. Front Yard Not less than 40 feet in depth. 8. Side Yerda Two side yards, each side yard not less than 10 feet in width, ex- cept on a corner lot a side yard adjoining a street shall not be less than 40 feet in width. 9. hear Yard Not less than 30 feet in depth. 10. Off- Street Loading loading berths in accordance with provisions set forth in Section IX of this ordinance. 11. MStreet parking Parking spaces in accordance with provisions set forth in Section iX of this ordinance. F. RG GENERAL RESIDENCE DISTRICT 1. Permitted Usese a. Uses permitted in an K2 District. b. Single - family attached or semi- detached dwellings. c. Two - family dwellings. d. Multiple - family dwellings. e. Libraries, public. 2. Special Uses The following uses are allowable special uses. a. Churches. b. Hospitals. c, Institutions for the aged and for children.. d. Planned developments on tracts of land not less than eight acres in area. e. Schools, prlvate or parochial, boarding or non- boarding- nursery, elementary, Junior high, high, and junior college. f. Utility and pubic service uses including: (lj electric substations or distribution stations; - -23-,. 1 i r] 7 I i r 1 " s I Chi (2) fire stations; (3) police staVoins; (4) transit and transportation facilities, including shelter, terminals, and parking areas; (5) telephone exchanges, micro -wave roday towers, and tole- phone tranwnission- equipment buildings; (6) water filtration and sewage treatment plants, pumping stations, and reservoirs—municipally-owned and operat- ed; and (7) other public or private utility service uses. 3. Lot Area a. Single - family detached dwellings —root less than 10,000 square feet. b. Two - family detached dwellings --not less than 7,500 square feet per dwelling unit. c. Single- family semi -detached and attached dwellings as follows: Minimum Let Area Per Dwelling in Square Peal Type of Single-Family Dwelling Semi-Detached Attached 4 bedroom or more 5,000 4,000 3 bedroom 41200 3,500 2 and 1 bedroom 3,600 3,000 d. Multiple- family dwellings as follows: Minimum Lot Area Per Dwelling Type of Dw alling Unit in Square Peet 4 bedroom or more 4,000 3 bedroom 3,500 2 bedroom 3,000 1 bedroom and efficiency 2,500 4. Lot Width Measured within the buildable area: (a) Single - family detached dwelling --75 feet. (b) Two - family detached dwelling -100 feet. (0 Semi- detached single- family dwelling -40 feet per dwelling une't. (d) Attached single- family dwelling -24 feet per dwelling unit. S. Floor Area :.atiio Not to exceed 0.6. 6. Building Helaht Not to exceed two stories or 30 feet, whichever is lower, for single - family detached, semi-detached, or attached, and two- family detached dwellings. The height of multiple- farnily dwellings in excess of 30 fleet shall be limited only by the floor area ratio formula. 7. Front Yard Not less than 40 feet In depth. 8. Side Yards Two side yards —each side yard not less than 10 feet in width; except on a corner lot a side yard adjoining a street shall be not !ess than 40 feet in width. --24.- ti i I 0 1 I ' 1 , I Gr, f 9. Rear Yard 1f�.. Not less than 40 feet in a`epth. ��� 10. Yards, Oenwal ; Front, side, and rear yards, a.� heretofore required —shell be Increased in depth or width by twc. feet for each additional one foot of building height over 30 feet. ' 11. Off-8tnot Loading Loading berths in accordance with provision„ +yet forth in ' -Section IX of this ordinance. r 12. Off -Stmi Parking j Parking spaces in accordance with provisions set forth In f Section IX of this ordinance. ; .y f, ' 1• i i f i i -25- I f � 1 f a 'i �r r r SECTION 9011 BUSINESS DISTRICTS A. GENERAL REQUIREMENTS .. ALL BUSINESS DISTRICTS � ` 1. All business, service, storage, merchandise, display', and where permitted, repair and processing, shall be conducted wholly 'with. . In an enclosed building, except for off - street automobile parking, off - street loading, and open -sales lots In districts where they are permitted. 2. Goods sold shall consist primarily of naw merchandise. Any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses, 3. Processes and equipment employed, and goods processed or sold, shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter or water-carried waste. S. B! LOCAL SHOPPING CENTER DISTRICT I. General Conditions a. Dwelling units are not permitted. b. Each business establishment is restricted to not more than 18,000 square feet of floor area. 2. Permitted uses The following uses are permitted. a. Bakeries where not more than 50 percent of tree floor area is devoted to processing, and not more than five persons are employed. b. Barber shops. c. Beauty parlors. d. Book and stationery stores. e. Candy and Ice cream stores. f. Drug stores. g. Dry.,cleaning and laundry- receiving establishments— provided that processing shall be done elsewhere. h. Flower shops. i. Food stores — grocery stores, meat markets, and delicatessens. I. Gift shops. k. Hardware stores. 1. Laundries, automatic self- service type or hand -- provided that laundry machines shall not exceed ten pounds capacity each, and not more than two persons are employed in addition to one owner or manager. m. Libraries -- branch. n. Newspaper offices --but not including printing. o. Offices -- business, professional, and public. P. Post offices. q. Restaurants --when dancing or entertainment, other than music, is not provided. r. Temporary bu;ldings for construction purposes for a period not to exceed one year. _2b_. • W i I .. . •I I i � r i i i i i } �i .I f a 'i �r r r SECTION 9011 BUSINESS DISTRICTS A. GENERAL REQUIREMENTS .. ALL BUSINESS DISTRICTS � ` 1. All business, service, storage, merchandise, display', and where permitted, repair and processing, shall be conducted wholly 'with. . In an enclosed building, except for off - street automobile parking, off - street loading, and open -sales lots In districts where they are permitted. 2. Goods sold shall consist primarily of naw merchandise. Any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses, 3. Processes and equipment employed, and goods processed or sold, shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter or water-carried waste. S. B! LOCAL SHOPPING CENTER DISTRICT I. General Conditions a. Dwelling units are not permitted. b. Each business establishment is restricted to not more than 18,000 square feet of floor area. 2. Permitted uses The following uses are permitted. a. Bakeries where not more than 50 percent of tree floor area is devoted to processing, and not more than five persons are employed. b. Barber shops. c. Beauty parlors. d. Book and stationery stores. e. Candy and Ice cream stores. f. Drug stores. g. Dry.,cleaning and laundry- receiving establishments— provided that processing shall be done elsewhere. h. Flower shops. i. Food stores — grocery stores, meat markets, and delicatessens. I. Gift shops. k. Hardware stores. 1. Laundries, automatic self- service type or hand -- provided that laundry machines shall not exceed ten pounds capacity each, and not more than two persons are employed in addition to one owner or manager. m. Libraries -- branch. n. Newspaper offices --but not including printing. o. Offices -- business, professional, and public. P. Post offices. q. Restaurants --when dancing or entertainment, other than music, is not provided. r. Temporary bu;ldings for construction purposes for a period not to exceed one year. _2b_. • W i I .. . •I I i � r i i i i i } G-8 11.0p,664" 1 - M601 , s. Variety stores. t. Accessory uses to the above permitted uses. 3. Special Uses The following uses are allowable special uses= a. Other business uses similar to permitted uses listed above. b. Clubs and lodges— private, fraternal, or religious. c. Electric and telephone substations and distribution centers. 4. Floor Area Ratio Not to exceed 0.6. 5. Front Yard Not less than 100 feet in depth. 6. Side Yards On corner lots a side yard adjoining a street shall be not less than 100 feet in width; along a side lot line that coincides with the aide lot line of a lot in an adjacent Residence District, the side yard shall be aqual in dimension to the side yard required by this ordinance for the adjacent Residence Districts and if side yards are provided along side lot lines of other Interior lots, they shall be i not less than five feet in width. ' 7. Rear Yard Not less than 40 feet in depth, except a rear yard which adjoins a Residence District boundary line shall be not less than 60 feet in depth. 8. Signs Non - flashing, but illuminated business signs with no moving parts, awnings, and marquees, are permitted subject to regulations set forth elsewhere in the ordinances of the Village of Oah. Brook and the following: a. The iilumination of any exterior sign shall be only during busi- ness hours or 11 :00 p.m.-- whichever is later. Where a sin is Illuminated by a light reflected upon It, direct rays of �ight shall not beam upon any part of any existing residential build- ings, nor into a Residence District, or into a street right -of- way. A sign In direct line of vision of a traffic signal shall not be In red, green, or amber illumination. b. The gross surface area in square feet of signs on a lot shall not exceed three times the lineal feet of building frontage of the lot, and each side of a building which fronts upon a street shall be considered as a separate frontage. The gross surface area of 811 a.gns located on a side of a building front - Ing on a street shall not exceed three times the lineal feet in that side of the building. c. All signs shall be affixed Yiat aga ;nst building walls or may project therefrom not more than 24 inches. d. No sign shall be painted, pasted, or similarly posted directly on the surface of any building, wall, or fence. e. No sign shall project higher than the building height or 30 feet above the curb level, whichever is lower. f. In a unified shopping center in single ownership or control, one additional sign may be erected for It. The sign shall not ex. —27_ 'r r i I G' ' 4 ,r 0 9. 10. G -8 + 1' 40 Wit) coed 120 square feet in area, nor display more than the name and location of the shopping center. Such sign shell be set back at least half the required yard depth distance from each abutting street; its bottom edge shell be at least ei ht feet above the level of tho ground; and Its overall height shall not exceed 16 feet above the curb level. Off-street Loading Loading berths In accordance with provisions set forth In Sec- tion IX of this ordinance. Off-street Parking Parking spaces in accordance with provisions set forth In See' tion IX of this ordinance. C. 92 REGIONAL SHOPPING CENTER DISTRICT 1. Permitted Uses The following uses are permitted. a. Banks. b. Barber shops and beauty parlors or similar personal service shops. c. Bowling alleys and structures accommodating recreational activities. d. Bus depots and cab stands. e. Candy, ice cream, or bakery shops or shops selling similar commodities, where the commodities may be produced on the premises; but all such production shall be either mold at retail on the premises or sold in stores owned and operated by the producing company. f. Commercial schools -- Including music and dancing academies. g. Automobile service stations. h. Hospitals— !;aving not more than ten beds, and first -aid stations for the treatment of emergency cases. i. Hotels serving transient guests. Interior decorating shops. .lob printing shops. 1. Laundries and dyeing and cleaning establishments operated as an accessor/ to some other use or uses permitted by this section, provided permits for the use of combustible and flammable materials are obtained from the Village Board. m. Seif- service laundries, and shops for the collection and distri- bution of laundry and dry cleaning articles. n. Messenger and telegraph service stat :ens. o. Offices. p, Outdoor areas where outdoor merchandise, ma :hinery or equipment may be displayed end orders taken; but no regular delivery of large or heavy items shall be made therefrom. • q. Pet shops. r. Photographer, artist, or similar Studios. s. Post offices. t. Public garrges, including new and used car sales rooms, pro. a 1 1 � i } vided that no used cars shall be sold or stored unless enclosed + within a buildinng, but this clause shall not prohibit the out. door display of new cars. ' u. Radio or television broadcasting stations. i —28— I 4. Signs Business signs are permitted in accordance with the following regulations. a. Signs may have non - flashing or flashing illumination but con- tain no movable exterior parts. Where a sign is Illuminated by a light reflected upon it, direct rays of light shall not beam upon any part of any existing residential buildings, nor into _29_ -t �a E I' I� �I Gr v. Restaurants, cocktail lounges and tee rooms. we Retail stores and shops, Including department stores. x. Sales and display rooms. y. Service, cleaning, or repair shops for personal, household or garden equipment, or where such shops are operated as ac- cessory usas to other uses permitted by this section, t. Tailor or dressmaking shops. aa. Temporary outdoor demonstrations and exhibitions or mer- ' chandise primarily for outdoor use, when specificrily author- ized by the Village Board. bb. Theaters, except open air drive -in theaters. cc. Utility and governmental service uses including electric and telephone substations, water filtration water plants, pumping stations and reservoirs, sewage treatment plants, and other similar uses. dd. Accessory buildings and uses customarily incidental to the above uses; including storage and service areas within the structures, garages for delivery trucks, central heating and air conditioning plants, and storage areas, yards, shops, and similar facilities that are used solely for operating, servicing, or maintaining the activities and Improvements within the District. Accessory buildings and uses shall also Include dwellings occupied by watchmen, janitors, maintenance and similar employees engaged upon the premises; but no dwel- lings shall be erected for any other purpose. 2. Floor Area Ratio. Not to exceed 0.3. 3, Yards a. No building or structure, other than signs as provided for in paragraph 4(a) below, shall be erected or maintained within 300 feet of any boundary adjoining a major thoroughfare, nor within 80 feet of any other boundary; except that for a dis- tance not to exceed 25 percent of the frontage along one or more thoroughfares, the front -yard rr -,ulrements shall he 80 feet. The area between the ouilding and the boundary or street line may, howw er, be occupied by drives, vehicular parking, sidewalks, landscaping, and similar facilities, except - ' that paved areas shall not be located closer than 40 feet to any lot in a Residence District. b. For the purpose of interpreting and enforcing the yard regv!a- tions of this section, the entire area included within the 82 District shall be considered as a single lot; more than one building or structure may, however, be erected thereon. and the only front, side, and rear yards that need to be observed are those provided for in paragraph 3(a) above. 4. Signs Business signs are permitted in accordance with the following regulations. a. Signs may have non - flashing or flashing illumination but con- tain no movable exterior parts. Where a sign is Illuminated by a light reflected upon it, direct rays of light shall not beam upon any part of any existing residential buildings, nor into _29_ -t �a E I' I� �I I 1 � I' • • e 7 Gr-- Mi4 a Residence District, or Into a street right -of -way. A sign in direct line of vision of a traffic signal shall not be in red, f green, or amber illumination. b. There may be a total of not more than two free- standing ground signs on each of the boundary streets surrounding the shopping district located not less than 40 feet from any street line; provided that no►ve of such signs shall exceed a total area of 1,000 square feet on either side, and all of them shall be limited to advertising the shopping district, its merchan- dise o. services. c. Signs may he attached to one or more facades or to the roof of any building, provided that they conform to the following requirennents. (1 ) They shall not project more than 30 inches from any facade. -' (2) The total area of any sign attached to a facade or roof shall not exceed two percent of the gross floor area In- cluding basements, of the building to which such sign Is attached. (3) Such signs shall be limited to advertising the name of the store, its merchandise or services, or the shopping district as a whole. 5. Off- Streast Loading Loading berths in accordance with provisions set forth in Section IX of this ordinance. b. Off-Street Parking Parking spaces in accordance with provisions set forth in Section IX of this ordinance. D. 53 RESTRICTED BUSINESS DISTRICT 1, Permitted Uses a. Uses permitted in a 111 District. 'a. Hotels. c. Motets. d. Restaurants, where dancing and live entertainment may be provided. e. Accessory uses, Including but not limited to cocktail lounges 4or the sale of alcoholic beverages, as accessory to b, c, or d, above. 2. Floor Area Ratio Not to exceed 1.2. 3. Yards—Front, Side, and Rear ' As in a B1 District. 4. Signs a. As In a 131 District except f, b. One sign not affixed flat against the building walls may be erected; such sign not to exceed 120 square feet in area, nor display more than the name and location of the principal use on the lot, may be located In a front yard or a side yard adjoining a street, if setback Is not less than 40 feet from —30— each abutting street. its overall height shall not exceed 16 feet above curb level. 5. Off- Street Loading Loading berths In accordance with provisions set forth In Section IX of this ordinance. 6. Off -Street Parking Parking spaces In accordance with provisions set forth in Section IX of this ordinance. E. 114 GENERAL BUSINESS DISTRICT 1. General Conditions Dwelling units and lodging rooms, other than those in a tran- sient hotel or motel, are not permitted. 2. Permitted Uses a. Uses permitted in a BI District. b. Amusement establishments -- including bowling alleys, gym- nasiums, swimming pools, and skating rinks. c. Animal hospitals. , d. Antique shops. e. Art and school supply stores. f. Art galleries. g. Auction rooms. h. Automobile accessory stores. I. Automobile service stations. II Banks and financial Institutions. k. Bicycle stores — sales, rental, and repair. 1. Blueprinting and photo - copying establishments, m. Building material sales —not including outside storage. n. Camera and photographic supply stores. o. Carpet and rug stores. p. Cartage and express facilities — providing storage of goods, motor trucks, or other equipment is in an enclosed structure. q. Catering establishments. r. China and glassware stores. s. Clothes pressing establishments. t. Clothing and costume rental shops. u. Coin and philatelic stores. v Department stores. Dry- cleaning establishments, retail- -where not more than 2,500 square feet of floor area Is devoted to processing, exclusive of office and storage space. x. Dry -goods stores. y. Electric distribution centers, small. z, Electrical and household appliance stores --- including radio and television sales. aa. Employment agencies. bb. Feed stores. CC. Fire stations. dd. Frozen food lockers. ee. Furniture stores — including uoholstery when conducted as part of the retail operation and secondary to the principal use. —31— l i (f } �l E i i f� 1 i E f —32— M;oa i« ff. Furrier shops— including the incidental storage and condition- ing of furs. gg. Garages, public —where body repair and painting are Incident- al accessory uses, but not Including automobile wrecking yards. hh. Garages, storage. , ii. Garden supply and seed stores. ji. Greenhouses and conservatories — retail sale of produce on the premises only, provided operation of heating plants conform with applicable performance standards for the M Districts. kk. Haberdasheries. 11. Hobby shops- -for retailing of items to be assembled or used away from the premises. mm. Hotels -- including dining and meeting re ims, provided that business uses other than those which are commonly incidental to a hotel business shall not occupy space fronting on a hotel hall or lobby. nn. Interior decorating shops- including upholstery and making of draperies, slip covers, and other similar articles when con- ducted as part of the retail operations and secondary to the , principal case. oo. Jewelry stores — including watch repair. f pp. Job printing shops- -using presses he-Ang beds of not more than 14 inches by 20 inches. qq. Kennels. rr. Laboratories, small -- medical, dental, or optical. ss. Laundries, retail —where not more than 2,500 square feet of floor space Is devoted to processing, exclusive of office and storage space. i ft Leather goods and luggage stores. uu. Libraries. vv. Liquor stores -- retail sales. ww, Loan offices. xx Machinery sales. yy. Mail order houses zz Mail order service stores aaa. Meat markets — including the sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when conducted as part of the retail business on the premises. bbb. Medical, dental, or optical clinics — including accessory labora- tories. ccc Millinery shops. ddd Motels. eee. Motor vehicle and equipment sales. fff. Musical instrument sales and repair. ggg. Office supply stores. 3 hhh. Opticians and optometrists. iii. Orthopedic and medical appliance stores —not including the assembly or manufacture of such articles. Paint and wallpaper stores. kkk Parking lots for passenger motor vehicles only. III Pet shops mmm Photography studios— including developing and printing of photographs, when conducted on the premises as a part of the retail business i —32— a. Use Exceptions There may be in part of the area of a planned develop- ment in an M Limited Manufacturing District, specified uses which are not included as permitted uses in the M Limited Manufacturing District In which said development is located, provided. (1) that the uses permitted by such exception are necessary and desirable and are appropriate with respect to the primary purpose of the development; (2) that the uses permitted by such exception are subject when applicable to conformance with performance stand- ards set forth in Manufacturing Districts of this ordinance, and further, are not of such nature or so located as to exercise a detrimental influence on the surrounding areas; and (3) that not more than 20 percent of the ground area or of the floor area of such development would be devoted to the uses permitted by said exceptions. b. Bulk Exceptions Bulk exceptions of this ordinance within the boundaries of such planned development may vary, provided: (1) that such exception would be for the purpose of promoting a unified site plan; (2) that such exceptions shall conform with applicable tract area, lot area, and lot width requirements set forth under Special Uses in the district regulations of this ordinance for the dis- trict in which such development is located; (3) 'hat the overall floor area 'ratio when applicable would not exceed by more than 15 percent that prescribed in this or- dinance for the district in which it is located; (4) that spacing between principal buildings shall be at least equivalent to such ,spacing as would be required between buildings, in accordance with front, side, and rear yard require- ments as set forth in the district regulations of this ordinance for the district in which such development is located; and (5) that along the periphery of such planned developments yards be provided not less than those required by the district regv- latiens of ihis ordinance for the district in which said develop- ment is located. FEES A fee of $75 accompanying an application for an amendment or special use, a fee of $50 accompanying an application for a variation, or a fee of $25 accompanying an application for an appeal, shall be filed with the Village Clerk by or on behalf of the owner or owners of the property affected. J. VIOLATION, PENALTY, ENFORCEMENT 1. Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this ordinance, shall upon conviction be fined not less than $25 nor more than $200 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. —60— G -� _ Y n. �L M ` nnn. Physical culture and health services, gymnasiums, reducing salons, massage salons, and public baths. 000. Pidure framing —when conducted on the. premises for retail trade. ppp. Plumbing showrooms and shops. qqq. Police stations. rrr. Radio and television service and repair shops. sss. Recording studios. tit. Recreational buildings, community centers, and meeting hails. uuu. Restaurants — Including live entertainment and dancing, vvv. Schools, commercial or trade— provided that operations do not Involve danger of fire, explosion, nor objectionable standards of noise, vibration, smoke, dust, odor, glare, heat, or other nulsances. www. Sewing machine sales and services — household machines only. xxx. Shoe stores. yyy. Shoe and hat repair stores. zzx. Sporting goods stores. aaaa. Tailor shops. bbbb. Taverns or cocktail lounges —where dancing or entertainment, other than music, Is not provided. cccc. Taxidermists. dddd. Telegraph offices. eeee, Telephone exchanges, micro -wave relay towers, and telephone transmission - equipment buildings ffff. Tobacco shops. 9999 . Toy shops. hhhh. Travel bureaus and transportation ticket offices. iiii. Typewriter and adding machine sales and service establish- ments. �'j ##'j. Undertaking establishments and funeral parlors. kkk. Wearing apparel shops. 1111. Accessory uses to the above permitted uses. 3. Special Uses. The following special uses are permitted: a. Special uses allowed in a BI District, except such a? are per- mitted in a B4 District. b. Automobile laundries. c. Open -sales lots d. Other service business uses. e. Outdoor amusement establishments— fairgrounds, kiddie parks, Par 3 and miniature golf courses, golf driving ranges, and other similar amusement establishments. f. Stables — public. g. Trailer sales or rental. 4. Floor Area Ratio Not to exceed 1.2. 5. Yards -- Front, Side, and Rear As in a B1 District, except a front yard, or a side yard adjoin- ing a street, of not less than 25 feet may be provided fo- accessory business signs and for fuel pumps and poles for air and water hoses as a part of an automobi' -s service station. ' —33— it I , G'S AA t , 6. Signs Non- flashing, but illuminated business signs with no moving parts, awnings and marquees, are permitted subject to regulations set forth elsewhere in the ordinances of the Village of Oak Brook and the following; a. The illumination of any exterior sign shall be only during business hours or 11.00 pm.—whichever is later. Where a sign is illuminated by a light reflected upon it, direct rays of light shall not beam upon any part of any existing residential buildings, nor into a Residence District, or into a street right - of -way. A sign in direct line of vision of a traffic signal shall not be in red, green, or amber illumination. b. The gross surface area in square feet of signs on a lot shall not exceed three times the lineal feet of frontage of the lot, and each side of a lot which fronts upon a street shall be con- sidered as a separate frontage. The gross surface area of all I signs located on a side of a lot fronting on a street shall not exceed three times the lineal feet in that side of the lot. C. No sign shall project into o street right -of -way. d. Any sign Iccated within three feet of a driveway, parking area, or within 50 feet of the intersection of two or more streets, shall have the lowest elevation at least 12 feet above 1 the curb level e. No sign, shall be painted, pasted, or similarly posted directly on the surface of any building, wall, or fence. f. No sign that is affixed to a building shall project higher then the building height or 30 feet above the curb level, which- ever is lower; and a sign not affixed to a building shall project not higher than 16 feet above curb level. g. In a unified shopping center in single ownership or control, one additional sign may be erected for it. The sign shall not exceed 120 square feet in area, nor display more than the name and location of the shoppinq center. Such sign shall be set back at least half the required yard death distance from each abutting street, its bottom edge shall be at least eight feet above the level of the ground; and its overall height shall not exceed 16 feet above the curb level 7. Off - Street Loading Loading berths in accordance with provisions set forth in Sec - tion IX of this ordinance. 8. Off-Street Parking Parking spaces in accordance with provisions set forth in Sec- ; tion IX of this ordinance —34— j_ AA ##J SECTION frill MANUFACTURING DISTRICTS A. GENERAL REQUIREMENTS 1. No lot, parcel or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: abatoirs; acid manufactures arsenals; crematories; creosote treatment or manufacture fat rendering; fertilizer manu- facture; fireworks cr explosive manufacture or storage; dumping or reduction of garbage, dead animals, offal or refuses are reduc- tion, petroleum processing or refining; pyroxylin manufacture; synthetic polymers manufacture; gutta percha manufacture or treat- ment; salt works; sauerkraut manufacture; soap manufacture; smelters; stock yard or slaughter of animals or fowls; tallow, grease or lard manufacture or treatment; tanning, curing or storage of raw- hides or skins; tar distillation or manufacture; cement concrete or asphaltic concrete, mortar or plaster batch mixing plants; or junk yards. • 2. No activities involving the storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically licensed by the Village of Oak Brook. Such materials shall include, but shall not be con- fined to, all primary explosives such as lead azide, lead styphnate, fulminates and tetrocene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting ex- plosives such as dynamite and nitroglycerine; unstable organic compounds such as acetyiides, tetrazoles, perchloric acid, per - chlorates, chlorates, hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials, and pro- ducts and reactor elements such as Uranium 235 and Plutonium 239. 3. Within 500 feet of a Residence District boundary line, all activities and operations shall be within completely enclosed buildings, or may be out of doors if completely screened by a solid wall or unk formly- painted fence at least eight feet in height and If there is no open storage at a greater height than that of the enclosing fence, except that off - street parking and off - street loading and unloading spaces may be located in accordance with requirements set forth in Section iX. d. No buildinq or structure shall be erected or land used within 150 feet of a Residence District boundary line, except open off - street parking and open off - street Ioadinq spaces may be located within this area in accordance with regulations hereinafter set forth in Section IX. 5. Any use established in a Manufacturinq District hereafter shall be operated in such a manner as to comply with applicable perform - ance standards as hereinafter set forth governing noise, smoke, —35-- I r i� ! f- particulate matter, toxic or noxious matter, odors, fire and ex- plosive hazards, glare or heat, or vibration; and no use already established on the effective date of this ordinance shall be so altered or modified as to conflict with such applicable perform- ance standards. The application for a building permit for a new establishment, or alteration or modification of ar. existing estab- lishment, shall be accompanied by a certification from a recognized testing laboratory. The recognized testing laboratory shall be approved by the Village Board. a. Performance Standards -- Noise Sound levels shall be measured with a sound level meter I and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of rho sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed, provided that such noises shall be capable of being accurately measur- ed with such equipment. Noises c ale of being so measur- ed, for tine purpose of this ordina..,:e, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or rninus two decibels. Noises incapable of being so measured, s+:ch as those of an irregular and intermittent nature, shall be con- trolled so as not to become a nuisance to adjacent uses. At no point on the boundary of a Residence or Business District shall the sound intensity level of any individual oper- ation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown on the following table. Maximum Permitted Octave Band Sound Level (decibels) Along Along (Frequency, Residence Business cycles per District District second) Boundaries Boundaries 0 to 75 72 75 75 to 150 67 70 150 to 300 59 63 300 to 600 52 57 600 to 1,200 46 52 1,200 to 2,400 40 45 ( 2,400 to 4,800 34 40 above 4,800 32 38 b. Performance Standards —Smoke and Particulate Matter The emission of smoke or particulate matter in such man- ner or quantity as to endanger or to be detrimental to the public health, safety, comfort, or welfare is hereby declared to be a public nuisance, and shall henceforth be unlawful. For the purpose of qrading the density of smoke the Ringel- mann Chart, published and used bar the United States Bureau of Mines, shall be employed. The emission of smoke or par- ticulate matter of a density greater than No. 2 on the Ringel- -- 36_ 1 s i . menu Chart is prohibited at all times, except as otherwise ; • provided hereinafter. The emission from all sources within any lot area of par- ticulate matter containing more than ten percent by weight of particles having a particle diameter larger than 44 microns Is prohibited. Dust and other types of air pollution, borne by the wind ' from such sources as storage areas, yards, roads, and the like, within lot boundaries, shall be kept to a minimum by appro- priate landscaping, paving, oiling, fencing, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitation hereinafter specified Is pro- hibited. Smoke The emission of more than eight smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann No. 2. However, du, ing one one -hour period in each 24 -hour day, each str.ck may emit up to ld smoke units when blowing soot or cleaning fires. Only during fire - cleaning periods, hoviever, shall smoke of t' Ringelmann No. 3 be permitteda, and then for not more than three minutes. c. Performance Standards —Toxic or Noxious Matter E No use shall for any period of time discharge across the ► boundaries of the lot wherein it is located toxic or noxious matter in such concentrations as to be detrimental lo o,, en- danger the public health, safety, comfort, or welfare, or cause t injury or damage to property or business. ; d, Performance Standards- -Odors The emission of odorovs matter in such quantity as to be readily detectable at any point along lot lines, or as to pro- duce a public nuisance or hazard beyond lot lines is prohibit- ed, as determined by the Building Inspector. e. Performance Standards —Fire and Explosion Hazard i (t) The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burn- r ing --as determined for liquids by a closed cup flash point s of not less than 187 °F --Is permitted subject to compliance with all other performance standards for the M District. (2) The storage, utilization or manufacture of materials or products ranging from free or active burning to intense burning - -as determined for liquids by a closed cup flash point of less than 187 °F but not less than 105 °F --is per- mitted subject to compliance with all other performance i standards for the M District, and provided the following 1 a conditions are met: (a) said materials or products shall be stored, utilized or pro- duced within completely enclosed buildings or structures i having incombustible exterior walls; and r —37-- S • II r j� ` ' MIN + (b) all such buildings or structures shall be set back at least 40 feet from lot lines, or in lieu thereof, all such build- ings or structures shall be protected throughout by an automatic sprinkler system (or a carbon dioxide system of equal protection) complying with installation standards prescribed by the National Fire Protection Association; or if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Protection Association, (3) The utilization in manufacturing processes of materials which ' produce flammable or explosive vapors or gases —as deter- mined for liquids by a closed cup flash point of less than 105 °F —shall be permitted in this district provided: (a) that the final manufactured product does not itself have a closed cup flash point of less than 187'F; (b) that the use and storage of such materials shall be in conformity with standards prescribed by the National Fire Protection Association and the requirements of other _ s - ordinances in the Village Code of Oak Brook; (c) that the storage of more than 50,000 gallons of materials or products having a closed cup flash point of less than • 105 °F (exclusive of storage in underground tanks and exclusive of storage of finished products in original sealed containers) Is prohibited; and (d) that the storage of more than 100,000 gallons of materials or products having a closed cup flash point of less than ' 187 °F (exclusive of storage in underground tanks and exclusive of storage of finished products In original seal- ed containers) Is prohibited. f Performance Standards - -Glare or Most Any operation producing intense glare or heat shall be performed within completely enclosed buildings in such a manner as not to create a public nuisance or hazard along lot lines. g. Performance Standards — Vibration No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground transmitted vibrations in excess of the limits set forth below. Vibration (the periodic displacement, measured in inches, of earth) shall be measured at any point along a Resi- dence District boundary line with a three component measur- ing instrument approved by the Building Inspector, and shall be expressed as displacement in inches. - Frequency Maximum Permitted Displacement (cycles per second) along Residence District Boundaries (in inches) 0 to 10 .0008 10 to 20 .0005 20 to 30 .0002 30 to 40 .0002 40 and over .0001 —38— 8. M LIMITED MANUFACTURING DISTRICT 1. Permitted Uses ,. a. Offices and financial institutions. . b. Currency exchanges. c. Heliports— provided they conform with applicable Federal, State, and other local governmental regulations. d. manufacturing, fabricating, storing, cleaning, testing, assembl- Ing, repairing, servicing, or research establishments, as de- termined by operations conforming with the performance standards set forth under General Requirements of this section, e. Outdoor recreation, private or public —such as; equestrian sports, horse shows, and hunter trials; dog shows and field trials; hunt clubs; gun clubs; conservation clubs; tennis clubs; archery ranges; and accessory buildings or structures customarily incidental thereto, Including, but not limited to, stables, kennels, and club houses, provided that accessory buildings or structures are located not iess than 150 feet from the property line of a residential lot. f. Restaurants— including live entertainment and dancing and the serving of alcoholic beverages. g Utility and public service uses including; (1) electric substations; (2) electric distribution centers; (3) railroad rights -of -way and passenger stations; (4) telephone exchanges, micro -wave relay towers, and tele- phone transmission- equipment buildings; (5) public transportation facilities, including shelters, ter- minals, parking areas, and service buildings; and (6) water filtration plants, sewage treatment plants, pump- ing stations, and reservoirs. h. W'-iolesale establishments. i. Accessory uses to the above permitted uses. 2. Special Uses Planned developments, manufacturing -- provided a plan- ned development is on a tract of land not less than 20 acres in area and under unified ownership or control. 3. Floor Area Ratio Not to exceed U.B. 4, Building Height , Not to exceed 35 feet above curb level. 5. Yards a. Front Yard Not less than 100 feet in depth. b. Side Yarc. Not less than 30 feet in width, except a side yard abutting a street shall be not less than 100 feet in width. c. Rear Yard No less than 40 feet in depth, except a rear yard abutting an alley or service drive may be reduced •.,% 20 feet in depth. _39- -- h I 0 I 6. Signs 11-� l •" 1� Business signs are permitted subject to regulations set forth elsewhere in the Municipal Code of Oak Brook and the following: a. Signs may have constant illumination, provided that a sign, located in direct line of vision of any traffic control signal, shall not have iliumination of red, green, or ember colors. Where a sign is illuminated, direct rays of light shall not beam upon any part of an existing residential building, or into a Residence District, or into a street. A sign shall not have mov- ing parts or flashing illumination. b. The gross surface area in square feet of all signs on a lot shall not exceed three times the numbor of lineal feet of the building frontage on the lot, and each side of the building ad- joining a street shall be considered a separate building frontage. C. Signs shall be affixed flat against the building walls or may project therefrom not more than 24 inches, except one ground sign not less than 4B square feet in gross surface area, and not more than eight feet in height, may be erected in a front yard not less than 40 feet from the street line. d. Signs affixed to a building wall shall not project higher than 35 feet above curb level nor higher than the building height, whichever is lower, except a sign may be located upon a chimney spire, tower, e!evator penthouse, tanks, and similar projections when specifically authorized by the Village Board. 7. Off- Street Loading Loading berths in accordance with provisions set forth in 'Section IX of this ordnance. 19. Off - Street Parking Parking spaces in accordance with provisions set forth in Section IX of this ordinance —40— l (;.. 1 9 SECTION IX A� OFF- STREET LOADVNIG AND OFF - STREET PARKING A. OFF - STREET LOADING There shall be provided off - street loading berths not less than the minimum requirements specified in this section in connection with any building or structure which is to be erected or substantially altered, and which requires the receipt or distribution of materials or mer- chandise by trucks or similar vehicles. 1. Location All required off- street loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into a street or alley. In Manufacturing Districts, no loading berth for vehicles of more than two toil capacity shall be located less than 100 feet from any Residence District boundary line, nor shall it be located in a required front yard, side yard, or side yard adjoining a street. 2. Size Unless otherwise specified in this ordinance, a required off - street loading berth shall be at least ten feet in width by at least 50 feet in length, exclusive of aisle and maneuvering space, and shall have vertical clearance of at least 14 feet. 3. Access Each required off - street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a man- ner which will least interfere with traffic movements and shall be subject to approval of the Village Engineer of the Village of Oak Brook. 4. Surfacing All open off - street loading berths shall be improved with a compacted macadam base not less than seven inches thick, or equal, surfaced with not less than two inches of asphaltic concrete or some comparable all- weather, dustless material, and shall be subject to approval by the Village Engineer of the Village of Oak Brook. 5. Repair and Service No storage of any kind nor motor vehicle repair work or serv- ice of any kind shall be permitted within any required loading berth. 6. Space Allowed Space allowed to any off - street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off - street parking facilities of portions thereof. 7. Required Off - Street Loading Berths. For the uses herein listed, off - street loading berths shall be provided as specified —41— I I t i s iJ Mill) • a. Auditoriums, banks, business and professional ofeices or pub- lic administration buildings, bowling alleys, hospitals, schools, colleges, sanitariums and similar institutional uses, hotels, or private clubs and lodges. For a building containing 10,000 to 100,000 square feet of floor area, one off - street loading berth. For each additional 100,000 square feet of floor area or fraction thereof in such a building, one additional off - street loading berth, b. Manufacturing, fabricating, assembly, disassembly, warehous. ing, storing, cleaning, servicing, testing, and repairing esfab- lishments. For a building containing 5,000 to 20,000 square feet of floor area, one off - street loading berth. For a build. ing containing 20,000 to 50,000 square feet of floor area, two off - street loading berths, plus one additional off - street loading berth for each additional 50,CV10 square feet of floor area or fraction thereof, c. Retail stores, furniture and appliance stores, household equip- ment and furniture stores, repair shops, wholesale stores, and establishments handling the sale and consumption of food on the premises. Off - street loading berths in accordance with the following schedule, Square Feet of Minimum Number Floor Area of Off - Street loading Berths 5,000 to 10,000 1 10,000 to 25,000 2 25,000 to 40,000 3 40,000 to 100,000 4 For each additional 100,000 square feet of floor area or frac- tion thereof in such a building, one additional off - street load- ing berth. d. Theaters. For a building containing 8,000 to 50,000 square feet of floor area, one off - street loading berth. For each additional 50,000 square feet of floor area or fraction thereof, one additional off - street loading berth. e. Other uses. Off- street loading berths shall be provided in ac- cordance with requirements determined by the Building in. speztor, based upon requirements heretofore set forth for the most similar uses. B. OFF- STREET PARKING Any of r'- street parking space in connection with existing buildings or structures, on the effective date of this ordinance, shall not be re- moved, enlarged, or altered, except in conformance with the require- ments of this ordinance In connection with any building or structure which is to be erect- ed or substantially altered, and which requires off - street parking spaces, there shall be provided such off - street parking spaces in accordance with regulations set forth hereinafter. 1. Use Except as may be otherwise provided for the parking of trucks or for special uses, required accessory off - street parking facilities, required as accessory to uses listed herein, shall be solely for the parking of passenger automobiles of patrons, occ- !pants, or em- ployees. —42— �I Mfg 2. Location Off - street parking spaces shall be located on the same lot as the use served. 3. Computation When determination of the number of off- street parking spaces required by ti is ordinance results in a requirement of a fractional space, any fraction of one -half or less may be disregarded, while a fraction In excess of one -half shall be counted as one off - street parking space. 4. Collective Provisions for Non - Residential Uses Off - street packing facilities for separate yeses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements of each such use, and if all regulations governing the location of accessory parking spaces in relAf,on to the use served are observed. However, no off- street parking space or portion thereof shall serve as the required space for more than one use, unless otherwise authorized in ac- cordance with this ordinance. 5. Repair and Service i No motor vehicle repair work of any kind shall be permitted in off - street parking areas. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities unless such facilities are located within a completely enclosed building, in which case gasoline and motor oil may be sold within such build- ing to the users of such facilities, provided that no advertising sign is visible from outside the building, and provided further that all gasoline pumps shall be effectively screened from view of the street. G. Size A required off - street parking space shall be at least nine feet in width and at Fast 20 feet in length, exclusive of access drives, aisles, ramps, columns, and office or work area. Such space shall have verrical clearance of at least seven feet 7. Access Each required off- st-eet parking space shall open directly upon an aisle or a driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off - street parking facilities shall be provided with appro- priate means of vehicular access to a street, alley, or driveway in a manner which will least interfere with traffic movements. A parking area containing four or more off- street parking spaces shall have vehicular access to it over a street, alley, or drive- way containing all- weather, hard - surfaced pavement, and the loca- tion and route of access to such parking area shall be identified. No driveway across ptiblic property shall have a width exceed.,:—, 24 feet, exclusive of curb returns 8. In Yards Off - street pa paces may be located in rear or side yards, except a side yar lining a street; and in BI and B3 Districts open off - street pa, gig spaces may also be located in a front —43— L7 MIA) yard and side yard adjoining a street, not less than 40 feet from a street fine. 9. Design and Maintenance a. Open and Enclosed Parldng Spaces Accessory off - street parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory off - street parking spaces, located elsewhere than on the same lot occupied by the use, shall be open to the sky. b. Surfacing All open off - street parking areas shall be improved with a compacted macadam base, or equal, not less than four inches thick and surfaced with asphaltic concrete or comparable hard - surfaced, all- weather dustless material as approved by the Village Engineer. c. Screening and Landscaping All open off - street parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any residential or institutional property by a wall or fence not less than five feet high or more than six feet high, or a densely planted, compact hedge not less than five feet in height; and wheelstops of masonry, steel, or heavy timber shall be placed not nearer than five feet' from the street line in districts where a front yard is not required or from side lot lines. d. Lighting Illumination of an off - street parking area shall be arranged so as not to reflect direct rays of light into adjacent residential districts and streets. Ali lighting shall be extinguished no later than 30 minutes after the close of business of the use being served, except as may otherwise be authorized by the Zoning Board of Appeals, 10 Required Spaces a. Except in the B2 Regional Shopping Center District, off - street park- ing spaces accessory to designated uses shall be provided as follows: (1) Single- Family Dwellings At least one off - street parking space for each dwelling, but no more than four off - street parking spaces for each single - family dwelling. (2) Two - Family Dwellings At least one off - street parking space for each dwelling unit. (3) Multiple - Family Dwellings At least one off - street parking space for each dwelling unit. (4) Hotels and Apartment Hotels At least one off - street parking space for each two separate rooms, and one off - street parking space for each two suites of more than one room. (5) Private Clubs and lodges At least two off - street parking spaces, plus one off - street —44— mod parking space for each seven seats, in accordance with design capacity of the main meeting room. (6) Motels At least one off - street parking space for each lodging room and for each accessory dwelling unit. (7) Schools, Elementary or Junior High — Public or P: ivate At least one off - street parking space for ea: n two faculty members or other full -time employees. (8) Schools, High -- Public or Private At least one parking space for each seven students, as related to the maximum student capacity of the building. (9) Churches At least one off- street parking space for each five seats or each 90 inches of seating space in the main auditorium. (10) School and Institutional Auditoriums At least one off - street parking space for each two persons employed on the premises, and an additional off - street parking space for each five seats or each 90 lineal Inches of seating space in the main auditorium or assembly hall. (11) Theaters At least one off - street parking space for each five seats in the theater. (12) Hospitals At least one off - street parking space for each three hos- pital beds, plus one off - street parking space for each four employees other than doctors, plus one parking space for each two doctors assigned to the staff. (13) Libraries and Museums At least one off - street parking space for each 1,000 square feet of floor area. (14) Recreational Buildings or Community Centers At least one off- street parking space shall be provided for each three employees, plus spaces in adequate number as determined by the Building inspector to serve the visiting public. (15) Medical and Dental Clinics or Offices At least four spaces for each examining or treatment room, plus one for each doctor and employee in the building. (16) Public utility and Public Service Uses At least one off- street parking space for each three em- ployees, plus additional off - street parking spaces in adequate number as determined by the Building Inspector to serve the visiting public. (17) Establishments Handling the Sale and Consumption on the Premises of Food and Refreshment. At least one off - street parking space for each 150 square feet of floor area. 01 B) Bowling Alleys At least seven off - street parking spaces for each alley, plus such additional off - street parking spaces as may be required herein for affiliated uses such as restaurants and the like. —45— —46— Gr1! -'a j j "j1 .05q t (19) Banks At least one off - street parking space for each 300 square feet of floor area. ` (20) Business and Professional Offices or Public Adminlstration ' Buildings At least one off- street parking space for each 500 square feet of floor area. (21) Automobile Service Stations At least one off- street parking space for each employee, plus two off - street parking spaces for each service sttill. (22) Furniture and Appliance Stares, Motor Vehicle Sales, Whole- sale Stores, Stores for Repair of Household Equipment or Furniture At least one off - street parking space for each 600 square feet of floor area. (23) Undertaking Establishments and Funeral Parlors At least ten off - street parking spaces for each chapel or parlor, plus one off - street parking space for each fungal vehicle maintained on the premises. (24) Retail Stores At least one off- street parking space for each 150 square feet of floor area. (25) Manuracturing, Fabricating, and Processing Plants not Engaged In Retail Trade At least one off - street parking space for each two em- ployees employed on the premises during the maximum em- ployment period. (26) Warehouse and Storago Establishments At least one off - street parking space for each employee on the premises during the maximum employment period. (27) Other Uses Off - street parking spaces on the same basis as required herein for the most similar use as determined by the Bultding Inspector. b. In the B2 Regional Shopping Center District, off - street parking spaces shall be provided as follows: r (i) Where the B2 District contains a gross area of 40 acres or less, the area for vehicular park ?ng shall not be less than two and one - quarter times the gross floor area of any or all structures erected, or land used, for the purposes permitted In such dis- tricts. (2) There the B2 District contains a gross area of more than 40 acres and less than 60 acres, the area for vehicular parking shall not be less than one and seven - eights times the gross floor area of any ur all structures erected, or land used, for the purposes permitted in such districts. (3) Where the 82 District contains a gross area of 60 acres or more, the area for vehicular parking shall not be less than one and ono -half times the Cross floor area of any and all structures erected, or land used, fo. the purposes permitted in such districts. —46— t ida na5v ' 4A I SECTION x NON - CONFORMING BUILDINGS, STRUCTURES AND USES STATEMENT OF PURPOSE The purpos 1 of this section Is to provide for 0te reeggulation of non - conforming uses, bull -'ings and structures, and to speclf t those circum- stances e. d conditions under which those nowconfornning buildings, structures and uses shall be gradually eliminated upon reaching the end of their respective normal useful life, in accordance with the authority granted by Illinois Revised Statutes, 1957, Chapter 24, Sec. tion 73.1. 8. AUTHORITY TO CONT114UI WN- CONFORMING BUILDINGS, STRUC- TURES AND USES Any non - conforming building, structure or use which existed law- fully at the time of the adoption of this ordinance *nd which remains non - conforming, and any such building, structure or use which shall become non - conforming upon the adoption of this ordinance or of any subsequent amendrnens thereto, may be continued --some indefinitely, others for specified and respective periods of timer -- subject to the regulations which follow. C. EXEMPTED BUII.DINGSo STRUCTURES AND USES No building, structure or use lawfully established on the effective date of this ordinance shall be subject to the amortization provisions of this section solely by reason of being non - conforming with respect to the standards prescribed In the ordinance for any of the followings 1. Floor area ratio 2. Yards -- front, side, rear, or transitional 3. Lot area per dwelling unit 4. Lot width 5. Ground floor area per dwelling 6. Gross floor area 7. Building height 8. Off- street parking or off - street loading spaces 9. Performance standards No building, structure or use lawfully established on the effective date of this ordinance and located in any Manufacturing District shall be subject to the amortization provisions of this section No building, structure or use located in a Business District shall be subject to the amortization provisions of this ordinance if it is a permitted building, structure or use in any Business District, except as provided for else- where in this ordinance. No dwelling lawfully existing on the effective date of this ordin- ance shall be subject to the amortization provisions of this section. For the purposes of this section a building or srructure lawfully constructed or established on the effective date of this ordinance shall be deemed to include arty building or structure for which a building permit has been lawfully Issued prior to such date, and on which con- struction is begun within the required period of time 'as set forth in this ordinance. —47— IIA 1111 � D. RESTRICTIONS ON NON - CONFORMING BUILDINGS, STRUCTURES AND uses TI46REOF Any lawfully existing building or structure which does not con- form with the regulations of the district In which It is located shall ba subject to the provisions of this subsection. 1. Repairs and Alterations Ordinary repairs and alterations may be made to a non - .-on- forming building or structure provided that no structural alterations shall be made in or to such building or sty ucture, all or substan- tially all of which Is designed or intended for a use not permitted In she district in which ;t is located, except those required by law, or -xcept to make the building or structure and use thereof con - form to the regulations of the district in which It is located. For the purpose of this section, ordinary repairs shill include the re- placement of storage tanks where the safety of operation of the Insiallation requires such replacement. 2. Additions and Enlargements A non - conforming building or structure which Is non - conform- a Ing as to bulk, or all or substantially all of which is designed or ' intended for a use not permitted in the district In which it is located, shall not be added to or enlarged in any manner unless such non - conforming building or structure and use thereof, in- cluding all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located. 3. Moving No building or structure which does not conform to all of the regulations of the district in which It is located shall be moved In whole or in part to any other location unless every portion of such building or structure is moved, and the use thereof is made to conform to all regulations of the district into which it is moved. 4. Restoration of Damaged Non - Conforming Building A building or structure, all or substantially all of which is de- signed or intended for a use which is not permitted in the district In which It Is located, and which is destroye i or damaged by fire or other casualty or act of God to the extent that the cost of restora- I ti4n to the condition in which it was before We occurence will exceed 50 percent of the cost of restoration of the entire building or structure new, shall not bp resto -ed unless said building or structure and the use thereof, shall conform to all regulations of the district in which it is located. In the event that such damage or destruction Is less than 5C percent of the cost of restoration of the entire building or structure new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion. 5. Discontinuance of Use of Non- Conforming Building or Structure A building, structure, or portion thereof, all or substantially all of which is designed or ir.'ended for a use which is not per - nitted in the district in which it is located, and which Is vacant on the effective date of this ordinance or thereafter becomes vacant -48- Gr X00 and remains unoccupied, or is not used for a continuous period of 1 so days, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the di'trict in which it is located. 6. Expansion of Use in Non-Conforming Bullding or Structure The non - conforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations and the use thereof conform to all the regulations of the district In which the building or structure is located. 7. Change of Use in Non - Conforming Building or Structure The non - conforming use of a building or structure may be changed to a use permitted in the district In which the building or structure Is located, or to a use permitted in a more restrictive _ district; but no change shall extend or otherwise modify any pro• vision made in this ordinance for elimination of such noncon- forming building or structure and the use thereof. For the purpose of this subsection only the R2 District shall be considered the most restrictive and the M District the least restrictive district. S. Elimination of Non- Conforming Buildings and Structures In Residence Districts any building or structure, all or sub- stantially all of which is designed or intended for a use permitted only in a Business or Manufacturing District shall be removed or it shall be glte •ed, remodeled or converted to a building or struc- ture designed for a use permitted in the district in which It t j located within six months after the termination of the respective periods of lime set forth hereafter which am fixed as the normal useful life of said buildings and structures. In 81 Districts any building or structure, all or substantially all of which is designed or intended for a use permitted only In B2, B3, 134, or M Districts shall be removed or It shall be altered, remodeled, or converted to a building or structure designed for a use permitted in the district In which is is located within six months after the determination of the respective periods,of time set forth hereafter which are fixed as the normal useful life of said buildings and structures. a. Assessed Valuation More Than $5,000° In accordance with the types of construction classifications set forth in the Basic Building Code of the Building Officials Conference of America, Inc., 1955 Edition. (1) Type 1 Fireproof Construction and Type 2 Non- Combus- tible Construction 40 years from date of building permit or 25 years from effective date of this ordinance — whichever last occurs. (2) Type 3 Exterior Masonry Wall Construction 30 years from date of building permit or 20 years from effective date of this ordinance — whichever last occurs. (3) Type 4 Frame Construction 20 years from date of building permit or 10 years from effective date of this ordinance— whichevee last occurs. —49— �s�.us�wwa..e�• . b. Assessed Valuation at least $2,Mf but no more than $55000* 8 years from date of building permit or 4 years from effective date of this ordinance whichever last occurs. c. Assessed Valuation under $2,400* 4 years from date of building permit or 2 years from effective date of this ordinance -- whichever last occurs. * On the effective date of this ordinance. The nonconforming use of a building or structure shall be terminated at the and of the amortization period for said building or structure, as set forth In this paragraph 8, and shall not thereafter be operated an the premises. E. CONDEMNATION OF NON-CONFORMING BUILDINGS AND STRUCTURES 1. The Village of Oak Brook, at any time and from time to time, by ordinance duly enacted and in accordance with the authority vested In it by Illinniti Revised Statutes, 1957, Chapter 24, Section 73 -11, (a) may acquire by purchase, condemnation or otherwise any buildings or structures which do not conform to the standards fixed by the corporate authorities of the Village of Oak Brook pursuant 1 to Illinois Revised Statutes, 1957, Chapter 24, Section 73 -1, and all land which Is necessary or appropriate for the rehabilitation or redevelopment of any aroa blighted by substandard buildings or structure, (b) may remove or demollsh all such substandard build- ings and structures so acquired, (c) may hold and use any remain- ing property for public purposes, and (d) may sell, lease or ex- change such property as is not required for public purposes, sub- ject to the provisions of this ordinance or any amendment thereto, 2. No sti.h acquisition by condemnation shall be made until such time as the Plan Commission, at the request of this President of the Board of Trustees, or ipon its own initiative, shall have made a study of the area within which such non - conforming building or structure is located and shell have filed a written report on such study with the President of the Board of Trustees. F. NON - CONFORMING USE OF BUILDINGS OR STRUCTURES The lewfully existing non - conforming use of part or all of a build. ing or structure, all or substantially all of which building or structure is designed w intended for a use permitted in the district in which it is located, may be continued, subject to the following provisions. 1. Expansion of Dion- Conforming Use The non - conforming use of a part of a building or structure, all t or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other non - conforming use. 2. Discontinuance if a non - conforming use of a building or structure, all or sub - tantiatly all of which building of structure is designed or Intended for a use permitted in the district in which it is located, is discon- tinued for a period of 90 days, it shall not be renewed; and any subsequenr use of the building or structure shall conform to the use regulations of the district in which the premises are located. —50— ' N moo 3. Change of a Non- Confaming Use No non- conforming use shell be changed to another nonce forming use when such not - conforming use Is located in a building or structure, all or substantially all of which building or structure Is designed or Intended for a permitted use. 4. Elimination of Non - Conforming Use In all Residence Districts any use which lawfully exists at the adopti,n of this ordinance, but It permitted only In a durit'tess or Manufacturing District and which Is located In a building, all or substantially all of which Is designed or Intended for a residential purpose, shall be entirely discontinued, and shell thereafter cease operation within five years from the date of adoption of this ordinance. G. NON - CONFORMING UEE OF LAND The non - conforming use of land not involving a building or struc- ture, or In oonnedlon with which any building or structure thereon Is incidental or accessory 'o the principal use of the land, may be continued subject to the following provisions. 1. Expaessic►n A non - conforming use of land shall not be expanded or ex» tended beyond the area it occupies. 2. Distontinuence If a nonconforming use of land Is discontinued for a period of six consecutive months, It shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district In which the land Is located. 3. Change of Use A non - conforming use of land small not be changed to any other use except to a use permitted In the district In which the land Is located. 4. Elimination of Nan -Conforming Use of Land The non - conforming use of land shall be discontinued and cease in accordance with the following, except that In R?, 111, R1 /z, and R' /a Districts allowable term shall be reduced by 50 percent. a. Where no buildings or structures are employed in connection with such use, discontinued within one year. b. Where the only buildings or structures or other physical im- provements employed are accessory or incidental to such use and have an assessed valuation of not more than $2,000 *, dis- continued within two years. c. Where the improvements, undergroun.l or substantially at ground level, which comprise all or substantially all of the Improvements employed in a non-conforming use of land, and which have an assessed valuation of more than $2,400 *, discontinued within five years. d. Where a non - conforming use of land is accessory to the non- conforming use of a building or structure, discontinued on the same date on %vhich the non - conforming use of the build- ing or structure is discontinued. * On the effective date of this ordinance. —51— G40 pop I SECTION x1 ADMINISTRATION A. CERTIFICATES AND OCCUPANCY PERMITS 1, Ianing C ortiit t" No pewit, pertaining to the use of land or buildings shell bu Issued unless the Building Inspector has certified after exarnlnation that It complies with all provisions of this ordinance. 2. Occupancy Permile No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or In pert fcr any purpose wh6tsoever until a certificate of occupancy shall have been Issued by the Building Inspector stating that the build- . Ing complier with all the building an health laws and ordinances and with the provision- of these regulations. No change of use shall be made it, at, ullding or part thereof now or hereafter erected or altered w, ithout a permit having been Issued by the Building Inspector, dnd no permit shall be issued to make such chaps unless It is in cunformity with they previsions of this or- dinance and arriondments thereto. Nothing in this section shall prevent the continuance of the ppresent occupancy or use of any existing building, except as may bar necessary for the safety of life and property. Certificate for occupancy and compliance shell bo applied for coincident with the application for a building permit and shall be Issued within 10 days after the erection or alteration of such building has beeeo completed. A record of all certificates shall I kept on file In the office of the Building inspector and copies shall be furnished on request to any person having proprietary or ten- f ancy intarest in the building effected. A fee of $2.00 shall be charged for each original certif icats and Sac for each copy thereof. B. DUTIES OF THE BUILDING INSPECTOR The Building inspector of the Village of Oak Brook, or other offici- als that have been or shall be duly appointed by the Village Board, shall enforce this ordinance, and in addition thereto, and in furtherance of said authority shall: 1. Issue all certificates of occupancy and make and maintain records thereof; 2. conduct inspections of buildings, structures, and uses of land, to determine compliance with the terms of this ordinance; 3. maintain permanent and current records of the ordinance, includ- Ing, bu; not Nmited to, all maps, amendments, special uses, vari- ations, appeals, and applications therefore; 4. receive, file, and forward to the Village Clerk all applications for special uses or petitions for amendments to this ordinance which may be filed initially in the office of the Building Inspector; 5. receive, file, and forward to the Zoning Board of Appeals copies of all applications for appeals, variations, and other matters on which the Zoning Board of Appeals is required to pass under this ordinance; 'mta r I I� 11S41408541 6. provide such clerical and technical j osistance as may be n quirod isy the Zoning Board of Appeals in the exercise of its duties; and 7. fife a report with the Village President and a copy to the Village Board of Trustees relative to findings of the Building inspector on all reports of zoning violations made to him by a citizen, village employee, or village official. C. ZONING BOARD OR APPSALS 1. Creation and Procedure a. There is hereby established a Zoning Board of Appeals for the Village of Oak Brook; said Board %hall consist of seven members to serve respectively for the following terrnsj one for one year; one for two years; one for three years; one for four yearsi one for five yearrsi one for six years; and one for seven years, The successor to each member ao appointed to serve for a term of five years. b. All appointments to the Zoning Board of Appeals shall be made by the Village President, subject it; the approval of the Village Board of Trustees, One of the members so appointed she!! be named as Chairman at the time of appointment. The !Village President, subject to approval by the Village Board of Trustees, shall have the power to remove after a public hear - Ing, any member of the Zoning Board of Appeals for cause. Vacancies shall be filled as soon at possible fear the unexpired term of any member whose place has become vacant. In the event that the office of Chairman is vacated for any reason, the Village President shall immediately appoint at his option, either one of the remaining members on the Board, or any member who is appointed to fill such vacancy on the Board as the new Chairman. Such appointment shall be subject to the approval of the Village Board of Trustees at its next scheduled meeting. c. All meetings of the Zoning Board of Appeals shall be held at the cell of the Chairman and at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this zoning ordinance shall be given under oath. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public, at which time every person has the right to be heard or to be repre- sented by a duly authorized agent or attorney. The Board shall keep minutes of Its proceedings, showing the vote of each member upon every question, or if absent or failinn to vote, indicating that fact, and shall also keep records of its examinations and other official actions. In every case the Board shall include in its official report the reasons a request for a variation is denied. Every rule, regulation, every amend- ment or reveal thereof, and every order, requirement, decision, or determination of :he Board shall immediately be filed in the office of the Village Clerk and shall be of public record. d. The concurring vote of four members of the Zoning Board of Appeals shall be necessary to reverse any order, nsquire- ment, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter upon which —53— G -8 It is authorized by this ordinance to render a decision. The Zoning Board of Appeals shall make no recommendations ex- cept In a specific case and after public hearing. e. The Zoning Board of Appeals is hereby designated as the proper commission or committee to post public notices as required by statute and t its ordinance pertaining to special uses and proposed amor* jments to the regulations Imposed and the districts created by the Zoning 4rdin +ors of the Village of Oak Brook, and to make a written report and recom- mendation to the Village Board on any such proposed amend- ments or special uses. Jurlcdictiun and Authority The Zoning Board of Appeals Is hereby invested with the fol- lowing jurisdiction and authority. a. to hear and decide appeals from any order, requirement, de- cif.ion, or determination made by the Building Inspector under this ordinance; b. to hear and decide variations from the terms provided in this ordinance i ) the manner and subject to the standards set forth In this section; c. to hold public hearings in matters pertaining to applications for special uses and amendments, and submit reports to the Village Board setting forth its findings and recommendations In the manner prescribed In this section for special uses and amendments; and d. to hear and deride all matters referred to it or upon which It is required to pass under this ordinance. D. APPEALS 1. Authority The Zoning Board of Appeals shall hear and decide appeals from an administrative order, requirement, decision, or determina- tion made by the Building Inspector or other authorized officials of the Village of Oak Brook, relating to regulations of this ordinance. 2. Initiation a. An appeal to the Board of Appeals may be taken by any per- son aggrieved or by any officer, deparoment, boarc., or bureau of the municipality. The appeal shall be taken within such time as shall be prescribed by the Board of Appeals by a gen- eral rule by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal, speci- fying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the appeal action is taken. b. An appeal stays all proceedings in furtherance of the action appeal:.d from, unless the officer from whom the appeal is taken certified to the Board of Appeals, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. in this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application and —54— WW - G -8 1 #0114,51 —55— J. on notice to the officer from whom the at "al is taken, and on due cause shown. 3. Processing a. An appeal shall be filed with the Village Clerk. The Village Clerk shall forward the appeal to the Zoning Board of Appeals for processing In accordance with the+ statutes of the State of Illinois. b. The Board of Appeals shall fix a reasonable tune for the Mar- r Ing of the appeal and give due notice thereof to parties and shall decide the appeal within reasonable time. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determination as in its opinion ought to be made on the premises and to that eod has all the powers of the of'ficor from whom the appeal is taken. d. Decisions Ali decisions, after hearing of the Zoning Board of Appeals on appeals from an administrative order, requirement, decision, or ' determination of the Building Inspector or other authorized official of the Village of Oak Brook, shall, in all instances, be final ad- ministrative determinations and shalt be subject to judicial review only in accordance with applicable Statutes of the State of Ililinois. E. VARIATIONS 1. Authority The Zoning Board of Appeals shall decid4 variations of the provisions of this ordinance In harmony with its general purpose and Intent, and shell very them only in the specific instances here. Inafter set forth where the Zoning Board of Appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hard. ship In the way of carrying out the strict letter of the regulations of this ordinance. 2. initiation An application for a variation may be made by any person, firm, or corporation or by any office, department, ooard, bureau, or commission, requesting or intending to request application for � a zoning certificate. I 3. Processing i An application for a variation shall be filed with the Village Clerk. The Village Clerk shall forward such application to the Zoning Board of Appeals for processing in accordance with ap- plicable Statutes of the State of Illinois. No variation shall be made by the Board of Appeals except ' ' after a public hearing before the Board of Apppeals, of which there shall be a notice of time and lace of the hearin p g published at least once not more than 30 nor less than 15 days before the hear - ing --in one or more newspapers with a general circulation within Oak Brook; and a written notice is served at least 15 days before the hearing on the owners of the properties located adjacent to the location for which the variation is requested —55— J. i w � iVl;d 4. Decisions All final administrative decisions and findings of the Zoning Board of Appeals on variations arrived at after the hearim shall be final and subject to judicial review only in accorcdance with ap- plicable Statutes of the State of Illinois. i 5. Standards a, The Zoning board of Appeals shall not vary the provisions of i this ordinance as authorized in this section unless it shall hove i made findings Lased upon the evidence presented to it In the j following specific cases: (1) that the property in question cannot yield a reasonable return If permitted to be used only under the conditions allowed by the regulations governing the district in which It is located; (1) that the plight of the owner is due to unique circum- stances; or (3) that the variation, if granted, will not alter the essential character of the locality. i h. For the purpose of supplementing the above standards, the Zoning Board of Appeals, in making this determination when - ever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: (1) that the particular physical surroundings, shape, or topographical conditions of the specific property involved would briny a particular hardship upon the owner as distinguished from a mere incorvenience if the strict letter of the regulation were to be carried out; (2) that the conditions upon which the petition for variation Is based would not be applicable generally to the other property within the same zoning classification; (3) that the purpose of the variation is not based exclusively . upon a desire to make more money out of the property; (4) that the alleged difficulty or hardship has not r;.4n creat- ed by any person presently having an interest in the property; (5) that the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or (b) that the proposed variation will not impair an adequate supply of light and air to adjacent property, or substan- tially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood. c. The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply wish the standards set forth in this section to reduce or minimize the Injurious effect of such vari- ation upon other property in the neighborhood, and to imple- ment the general purpose and intent of this ordinance. Is-f-12 s i 6. Authorized Variations Variations from the regulations of this ordinance may be decided by the Zoning Board of Appeals only in accordance with the standards set forth In this section and only In the following In- stances and no others; a. to permit a yard less then the yard required by the applicable regulations; b, to permit the use of a lot not of record on the effective date of this ordinance for a use otherwise prohibited solely be- cause of the insufficient area of the lot, but In no event shall the area of the lot be less then 90 percent of the required tot area; c. to permit parking lots to be Illuminated between the hours of 9;30 p.m. and 7;00 a.m.; d. to permit the same off - street parking spaces to qualify as re- quired spaces for two or more uses, provided that the maxi- mum use of such faci-14y by each user does not take place during the same hours or on the same days of the week; and e. to allow any permitted non - residential use In a Residence District to exceed by not more than ten percent, the floor area ratio imposed by the applicable regulations. F. PLAN COMMISSION Jurisdiction The Plan Commission of the Village of Oak Brook, which has been duly established with functions as prescribed by the State Statutes, is the Plan Commission referred to in this ordinance, and shall have the following duties under this ordinance; 1. to receive from the Village Clerk copies of all applications for amendments or special uses which have beer, introduced into the Village Board; 2. to submit reports pertaining to applications for special uses one.. amendments to the Village Board setting forth its findings and recommendations In the manner prescribed in this section for special uses and amen ime .ts; 3. to initiat- , direct and n:v _ w, from time to time, studies of the provisions of this ordinance and to make reports of its recom- mendations to the Village Board not less frequently than once each year; and 4. to hear and decide all matters capon which it Is required to pass under this ordinance. G. AMENDMENTS 1. Authority The regulations imposed and the districts created under the authority of this ordinance may be amended, from time to time, by ordinance In accordance with applicable Statutes of the State of Illinois. An amendment shall be granted or denied by the Village Board only after a public hearing before the Board of Appeals and a report of its findings and recommendations has been submitted to the Village Board. 2. Initiation of Amendment Amendments may be proposed by the Village. Board, by the —57— F cqr Plan Co.- mmission, or by any resident of or owner of property in the Village of Oak Brook. 3. Precessins An application for an amendment shall be filed with the Village Clerk and therebfhet Introduced Into the Village Board. Such application shell be forwarded from the Village Board by the Village Clerk to the Plan Commiasion with a request for a report of its findings and recommendations relative thereto. A copy shall also be forwarded to the Board of Appeals with a request to hold a public hearing after the Board of Appeals has received and studied the report and recommendations of the Plan Cornmisslon, and shall thereafter submit a report of its findings and r wrr..» niandations to the Village hoard. d. Detialons a. The Village Board, upor report of the [card of Appeals and without further public hearing, may grant or deny any pro- posed rarner dment in accordance with applicable Statutes of the State of Illinois, or may racer it bock to the Board of Ap- peals for further consideration. b. In case a written protest against any proposed amendment signed and acknowledged by owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 per- cent of the frontage immediately adjoining or across the alley therefrom, or by the owners of 20 percent of the front- age directly opposite the frontage to be altered, Is filed with the Village Clerk, the amendment cannot be passed except on the favorable vote of two - thirds of all members of the Village Board of Trustees. H. SIECIAt USES IM 2. Purpose The development and execution of the zoning ordinance is based upon the division of the village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures. as related to the land, are essentially uniform. It is recognized, however, that there are speclal uses which because of their unique character cannot be properly clas- sified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use or the particular location. Such special uses fall into two categories. a. Uses operated by a public agency oe publicly - regulated utilities, or uses traditionally affected with a public interest. b. Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. Authority Special us6s shall be authorized or denied by the Village Hoard In accordance with the 5tatutos of the State of Fllinoh applicable to amendments of this ordinance, and the regulations and conditions set forth in this ordinance for special uses. No application for s special use shall be acted upon by the Village Board until rafter- --58.... - M r MIOJ a. a written report Is prepared and forwarded to the Board of Appeals and the Village Board by the Plan Commission in a manner prescribed herein for amendments to this ordinance; and b, a public hearing has been held by the Board of Appeals, after due notice by publication as provided by the applicable Statutes of the State of Illinois for amendments, and the find- ings and recommendations of the Plan Commisslon have been reported to the Village Board. 3. Initiation An application for a special use may be made by any person, firm, or corporation or ,by any office, department, board, bureau, or commission, requesting or intending to request a zoning cer. tificate. 4. Processing An application for a special use, in such form and accompanied by such Information as shall be established from time to time by the Man Commission, shall be filed w4h the Village Clerk and there6fter processed in the manner prancribad heretofore for ap- plications and amendments. 5. Decisions The Village Board, upon report of the Board of Appeals and the Plan Commission and without further hearing, may authorize or deny an application for a special use in accordance with the Statutes of the State of Illinois applicable to amendments, or may f efer It back to the Board of Appeals and the Plan Commission for " urther consideration. Nn special use shall be authorized by the Village Board unless the special use, a. Is deemed necessary for the public convenience at that loca. tion; b. is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected; and c. would not cause substantial injury to the value of other prop- erty in the neighborhood in which It is located. 6. Conditions The Plan Commission may recommend, and the Village Board may provide, such conditions and restrictions upon the construc- tion, location, and operation of a special use, Including, but not limited to, provisions for off - street parking and loading as may be deemed necessary to promote the general objectives of this ordin- ance and to minimize the injury to the value of the property in the neighborhood. Planned Developments Planned developments are of such substantially different char- acter from other special uses that specific and additional standards and exceptions are hereby set out to govern the action of the Village Board. - 59-- 2. The Building Inspector Is hereby designated and authorized to enforce this ordinance. However, it shall also be the fluty of all officers, citizens and employees of the Villags, particularly of all members of the police and fire departments, to assist the Building Inspector by reporting to him any new construction, reconstruction, improper land uses, or upon any seeming violation. K. WHEN EFFECTIVE This ordinance shall be In full force and effect Immediately after passage, approval, and publication In book form according to low. Adopted by the president and the hoard of Trustees of the Village of Oak Brook on the 17th day of November, A.D. 1959. APPROVED 1J D�Oeq t"l A.D.19SI illage Clerk �e President