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G-1163 - 04/28/2020 - SPECIAL USE - Ordinances ITEM 6.C.2 VILLAGE of BOARD OF TRUSTEES MEETING OAK B R . K . SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of April 28, 2020 SUBJECT: Village of Oak Brook — Text Amendment to Zoning Regulations to add Outdoor Dining Areas as a permitted use in the Business Districts and Office Research Assembly Districts FROM: Tony Budzikowski, AICP, Development Services Director BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: I move to approve Ordinance G-1163, which approves a text amendment to add Outdoor Dining Areas for restaurants as a permitted use in Chapter 7 Business Districts and Chapter 10 Office Research Assembly Districts of the zoning regulations. Background/History: At the April 14, 2020 meeting,the Village Attorney was directed to prepare the necessary ordinance granting approval of a text amendment to add Outdoor Dining Areas for restaurants as a permitted use in Chapter 7 Business Districts and Chapter 10 Office Research Assembly Districts of the zoning regulations. This text amendment will include revisions to the applicable permitted and special use sections of the zoning regulations of the Village Code. This proposal will allow applicants to process outdoor dining area requests in a more efficient, timelier and cost effective manner by way of a building permit if the requisite ordinance conditions have been met. A copy of the ordinance has been provided for review and reference purposes. Recommendation: Approve Ordinance G-1163. REG BOT 042820 Agenda Item 6.C.2-Outdoor Dining-TA-final ord G-1163.doe Page 1 1?6 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2020-ZO-TA-G-1163 AN ORDINANCE AMENDING TITLE 13, CHAPTER 7 AND CHAPTER 10, PERMITTED USES - OUTDOOR DINING AREAS OF THE VILLAGE OF OAK BROOK, ILLINOIS CODE OF ORDINANCES GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAWED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 28th day of April, 2020 ORDINANCE 2020-ZO-TA-G-1163 AN ORDINANCE AMENDING TITLE 13 CHAPTER 7 AND CHAPTER 10 PERMITTED USES—OUTDOOR DINING AREAS OF THE VILLAGE OF OAK BROOK, ILLINOIS CODE OF ORDINANCES WHEREAS, the Village of Oak Brook (hereinafter referred to as the "Village's is an Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village has in full force and effect a codified set of ordinances which are of a general and permanent nature, which said codified set is known and designated as the Village Code of the Village of Oak Brook, as amended; WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health, safety and welfare of its residents; WHEREAS, the Village conducts an ongoing review of the text of its zoning regulations and other provisions regarding land use and development in the Village to identify amendments that will improve clarity in interpretation, increase flexibility for the commercial and retail business community and expedite development, and maintaining the high-quality appearance of its commercial streetscape; WHEREAS, on March 3, 2020 a public hearing to be held before the Village of Oak Brook Zoning Board of Appeals relating to proposed text amendments to the Village of Oak Brook Code of Ordinances; WHEREAS,the Zoning Board of Appeals determined that the proposed text amendments changing outdoor dining from a special use to a permitted use along with the related regulations pertaining to setbacks, pedestrian and vehicle circulation, hours of operation and entertainment comply with the standards set forth by the Village Oak Brook Code of Ordinances and will allow the Village to remain current with best land use management practices and will facilitate business development in the Village; and WHEREAS, the Board of Trustees of the Village reviewed the recommended text amendment(s) and have determined it to be in the best interests of the health, safety and welfare of the residents of the Village of Oak Brook to approve those amendments to the Village Code. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows: Section 1: Recitals. The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section 2: Amend Title 13 Chapter 7 and Chapter 10 The red underlined provisions of Title 13 Chapters 7 and 10 shall be amended and restated and the will be deleted, as follows: Chapter 7 BUSINESS DISTRICTS Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 2 of 27 13-7-1: PURPOSE: 13-7-2: TWO OR MORE USES ON A LOT: 13-7-3: SCOPE: 13-7-4: PERFORMANCE STANDARDS: 13-7-5: TRUCK PARKING: -13-7-6: OUTDOOR DINING AREAS 13-7-1: PURPOSE: The business districts provide for groupings of business and other nonresidential establishments in accordance with their compatibility, functions and scope of service. The regulations of the various business districts are designed to govern developments ranging from the local shopping areas serving primarily residents of the village to those which serve the region. (Ord. G-60, 3-22-1966; Ord. G-514, 7-13-1993) 13-7-2: TWO OR MORE USES ON A LOT: Wherever two (2) or more permitted uses or special uses, each requiring a minimum lot area, are located in the same building or on the same lot,the required minimum lot area shall be the sum of the areas required for each use individually. When one or more uses has a required minimum lot area, the total lot area shall equal the sum of the required lot areas plus an additional area equivalent to that devoted to the use which does not have a required minimum lot area. (Ord. G-60, 3-22-1966; Ord. G-514, 7-13-1993) 13-7-3: SCOPE: A. All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for approved specialty retail programs in outdoor areas of a shopping center in districts where permitted as a special use. B. All business, service, storage, merchandise, display and where permitted, repair and processing shall be conducted wholly within a completely enclosed building except for: 1. Off street automobile parking, off street loading, and open sales lots and drive-in facilities in districts where they are permitted; 2. Outdoor dining areas adjacent to restaurants ' areas are a permitted as-a-special use; - T 3. Approved specialty retail programs in outdoor areas of a shopping center in districts where permitted as a special use; 4. Outdoor sales events on a property in any business district provided that all of the following conditions are met: a. Such event shall be of a limited duration (14 days or less per event) occurring no more than two(2)times in any calendar year; and b. Such event is held in a temporary enclosure that received all required permits from the village; and C. Such event offers for sale only items that are normally sold inside the building in conformity with the principal use of the subject property; and d. Such event conforms to all signage and setback requirements of the underlying zoning district; and 2 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 3 of 27 e. The property complies with all parking requirements of the underlying district, or, in the alternative, the petitioner reasonably demonstrates that notwithstanding any temporary noncompliance, the conduct of the event will not impose any undue traffic or parking burden on surrounding properties and streets; and f. Such event is approved by the village board of trustees upon petition or request from the property owner detailing prospective compliance with the conditions herein; and 5. Farmers'markets and/or French markets involving the sale of flowers,culinary accessories and edible items for consumption off the premises where the sale is made in districts where permitted as a special use. C. Goods sold shall consist primarily of new merchandise, except for antique shops. (Ord. G-60, 3- 22-1966; Ord. G-572, 6-11-1996; Ord. G-721, 6-10-2003; Ord. G-870, 9-9-2008; Ord. G-915, 1- 12-2010) 13-7-4: PERFORMANCE STANDARDS: All activities involving the production, processing, cleaning, servicing, testing, or repair of materials, goods or products, shall conform with the performance standards established for the ORA office research- assembly districts . (Ord. G-60, 3-22-1966) 13-7-5: TRUCK PARKING: Trucks in excess of one and one-half(11/2) tons' capacity used in conjunction with the operations of any use permitted in business districts shall not be parked in the open within one hundred fifty feet (150') of a residence district boundary line, except during normal business hours. (Ord. G-60, 3-22-1966) 13-7-6: OUTDOOR DINING AREAS. A. For the purposes of this section "outdoor dining areas" are defined as the use of an adjacent outside area by a restaurant for the same eating and drinking activities that occur within the restaurant. B. The following regulations shall apply to outdoor dining areas: 1. The location of any outdoor dining area comply with all setback requirements in the applicable zoning district and shall not obstruct pedestrian or vehicular traffic A minimum of five feet(5) of sidewalk clearance shall be maintained at all times for pedestrian travel: 2. Any outdoor dining area be under the direct supervision and control of the principal restaurant, and such dining area be enclosed by a fence or other protective safety barrier which shall be constructed to clearly delineate the boundaries of the area and to protect the health and safety of restaurant patrons and the general public; 3. The hours of operation of any outdoor dining area be within the normal operating hours of the principal restaurant; 4. There shall be no live entertainment in the outdoor dining area; 5. Plans shall be provided delineating the location of the outdoor dining area and such location be approved by the Building Official as part of a building permit The outdoor dining area shall be maintained in compliance with the approved plans; 3 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 4 of 27 6. The principal restaurant and outdoor dining area shall be in compliance with all the requirements of this code and all other applicable rules and regulations of any other governing agency including the DUPage County Health Department regarding restaurant and outdoor dining areas: ARTICLE A. B1 LOCAL SHOPPING CENTER DISTRICT 13-7A-1: PERMITTED USES: 13-7A-2: SPECIAL USES: 13-7A-3: LOT AREA REQUIREMENTS: 13-7A-4:ADDITIONAL REGULATIONS: 13-7A-1: PERMITTED USES: Accessory uses and structures, including, but not limited to, off street loading, off street parking and business signs. Antique shops. Audio and video equipment, retail sales thereof, including components and related accessories, installation and servicing of such products in motor vehicles and conducted entirely within an enclosed structure with service entry at the rear of the building with no overnight parking. Bakeries, where not more than thirty percent(30%)of the floor area is devoted to processing. Banks and financial institutions. Barbershops and beauty parlors. Book and stationery stores. Camera and photographic supply stores and photographic studios. Candy and ice cream stores. Clinics, medical and dental, including accessory laboratories. Drugstores. Dry cleaning and laundry retail establishments; provided that processing, if done on the premises, shall utilize nonexplosive and noninflammable materials, and that such processing shall be limited to service of the principal use. Fire stations. Florist shops. Food stores including grocery stores, meat markets and delicatessens. Gift shops. Haberdasheries. Hardware stores. Health clubs. Hobby, toy and game shops provided amusement arcades are not permitted. Home decorating stores. Home furniture and furnishings stores. Housewares stores. 4 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 5 of 27 Jewelry stores, including watch, clock and jewelry repair. Launderettes, including automatic self-service dry cleaning equipment. Libraries, branch. Liquor stores with a minimum of ten thousand (10,000)square feet of retail space. Luggage and leather goods stores. Men's and women's accessory and specialty stores. Music stores. Offices: business, professional and public. Optical goods stores. Police stations. Post offices. Restaurants, including cocktail lounges and outdoor dining areas(as described in 13-7-6 of this Code). Schools: Commercial, business, trade, music and dance subject to the conditions that the permitted use is limited to second floor space of any building where a school is located and that the use is limited to a maximum of ten percent (10%) of the total square footage of the shopping center in which it is located provided that adequate parking is provided to accommodate such use. Shoe stores. Sporting goods stores. Temporary buildings, for construction purposes for a period not to exceed ninety (90) days following completion of the development. Travel bureaus and transportation ticket offices. Variety stores. Wearing apparel shops. (Ord. G-60, 3-22-1966; Ord. G-444, 2-13-1990; Ord. G-778, 4-26-2005; Ord. G- 835, 9-25-2007; Ord. G-901, 10-13-2009; Ord. G-1023, 5-13-2014) 13-7A-2: SPECIAL USES: Accessory uses and structures, including, but not limited to, off street parking and off street loading spaces and business signs. Automobile service stations, on lots not less than twenty thousand (20,000) square feet. Clubs, lodges, fraternities and community centers on lots not less than twenty thousand (20,000) square feet. Daycare center, provided such facility complies with all licensing requirements of the state and maintains a direct alarm hookup to the police department. Drive-in banking facilities. Farmers'markets and/or French markets involving the sale of flowers,culinary accessories and edible items for consumption off the premises where the sale is made provided that the following conditions are met: A. Sale of used or preowned items is not permitted. B. Farmers'market and/or French market may be conducted no more than one day per week on any property zoned for business purposes. 5 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 6 of 27 C. All signage and setback requirements of the underlying zoning district must be met. D. The property on which the farmers'market and/or French market is conducted complies with all the parking requirements of the underlying zoning district or, in the alternative, the petitioner demonstrates that notwithstanding any temporary noncompliance, the conduct of the event will not impose any undue traffic or parking burden on surrounding properties and streets; and E. The farmers' market and/or French market is approved by the department of community development upon application and submittal of all required information from the property owner detailing prospective compliance with the conditions herein. Multi-family age-restricted dwellings, provided that the following conditions, in addition to those set forth in Zoning Ordinance Section 13 14-9, are met: A. The petitioner must provide the Village with an analysis of the proposed development's anticipated impact on emergency services, including, without limitation, the anticipated cost of providing those services. In accordance with Section 1-14 1(B), all costs incurred by the Village reviewing the petitioner's analysis, including the costs of professional consultants, shall be borne by the petitioner; B. The petitioner must provide the Village with a plan addressing how emergency service calls will be handled, including, without limitation, how the petitioner will assist the Village in handling the provision and/or cost of emergency services that are specifically and uniquely attributable to the proposed development, so as to protect the public health, safety, and welfare; and C. The petitioner must provide the Village with a market study addressing the demand for the proposed development. The market study must take into account the local and county demand for the proposed development. Office supply stores. Public utility, governmental service and transportation uses: Bus turnarounds and passenger shelters. Electric distribution centers and substations. Gas regulator stations. Sewage and stormwater lift stations. Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. Restaurants and accessory cocktail lounges, without facilities for dancing and live entertainment, on lots not less than two hundred feet(200') in width and not less than one and one-half(1 1/2) acres in area. Senior housing and nursing homes on lots not less than three hundred feet(300')in width and not less than two(2)acres in area. (Ord. G-60, 3-22-1966; Ord. G-454, 10-9-1990; Ord. G-513, 6-22-1993; Ord. G-556, 7-11-1995; Ord. G-835, 9-25-2007; Ord. G-903, 11-10-2009; Ord. G-915, 1-12-2010; Ord. S-1559, 2-12- 2019) ARTICLE B. B2 REGIONAL SHOPPING CENTER DISTRICT 13-76-1: PERMITTED USES: 13-713-2: SPECIAL USES: 13-7B-3: LOT AREA REQUIREMENTS: 6 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 7 of 27 13-76-4: ADDITIONAL REGULATIONS: 13-713-1: PERMITTED USES: Accessory uses and structures, including but not limited to 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. Art galleries. Automobile service stations and automobile sales, including show rooms, electric powering stations, fulfillment centers. Banks and other financial institutions. Barbershops, beauty parlors, and other aesthetic and personal wellness services, including but not limited to salons and spas. Bus depots, cab stands, and pick-up/drop-off areas for ride-sharing services. Candy, ice cream and bakery shops, and other shops selling food products, including but not limited to grocery stores, specialty food stores, butchers, delicatessens, health food stores,with or without accessory catering services, where the commodities may be produced on the premises; but all such production shall be either sold at retail on the premises or sold in stores owned and operated by the producing company. Drugstores, pharmacies, and stores selling medical devices and homeopathic or herbal remedies (but not including medical cannabis dispensaries). Electronic data storage. Furniture stores, including upholstery when conducted as part of the retail operation and secondary to the principal use. Gas regulator stations. Hospitals, having not more than ten (10) beds and first-aid stations for the treatment of emergency cases, and outpatient medical and aesthetic service facilities and uses, including but not limited to medical and dental offices and clinics, rehabilitative exercise and training centers, cosmetic surgery services, physical therapy, massage, and chiropractic services. Hotels. Hybrid uses. While commercial occupants in the B2 District may operate a single principal use with one or more accessory uses, other commercial occupants may have business operations that are or become a hybrid of multiple principal uses of significant and possibly equal importance. The following are provided by way of example and not limitation: A. Restaurants, cocktail lounges and tearooms, coffee houses, banquet facilities, micro-wineries, micro-breweries, micro-distilleries and other businesses offering the sale of food and beverage may be combined with retail,catering,event planning, musical performances and karaoke, dance floors, bowling, bocce, pool and billiards, ping pong and similar table games, arcade games, dining areas (as described in 13-7-6_ and other forms of service, entertainment and recreation. B. Retail stores and shops, including department stores, may operate and offer related and complementary on-site uses and services (including but not limited to repair services, internet purchase fulfillment services, restaurant and food service, classes, indoor special events and entertainment)and off-site services(including but not limited to event planning,catering and interior design). 7 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 8 of 27 C. Gyms, health clubs and other physical wellness facilities may be paired with restaurant and retail uses and offer nutritional and health classes, personal training and counseling, aesthetic services, and chiropractic, physical therapy, massage, medical services, including blood draws. Interior decorating shops. Job printing shops. Laundries, dyeing and cleaning establishments, operated as an accessory use to some other use or uses permitted by this section, provided permits for the use of combustible and flammable materials, if to be used, are obtained from the Board of Trustees. Laundries, self-service, and shops for the collection and distribution of laundry and dry cleaning articles. Messenger and telephone service stations. Offices. Pet shops, grooming services, and veterinary clinics. Photographer, artist or similar studios. Post offices. Printing plants, newspaper, magazine and similar publications. Public and private garages. Radio and television broadcasting stations. Restaurants, cocktail lounges and tearooms, coffee houses, banquet facilities, micro-wineries, microbreweries, ;jtdoor dining areas las described in 13-7-6), and other businesses offering the sale of food and beverage (but not including micro-distilleries). QRIY th9 f9110WO^^ tW9 (2) ^^^^c ^F„ 61688 + way bY b *ldimas• and b)Vertical and rooftop gardens that produce fruits, flowers and vegetables for on premises consumption and use. Retail stores and shops, including department stores. Sales and display rooms. Schools, studios, classrooms, facilities and activities for personal or interactive learning, physical wellness and cultural enrichment, including but not limited to colleges, universities and test preparation services, art and craft classes, yoga and Pilates studios, gyms and physical fitness facilities, after-school programs for children,day camps,venues providing interactive entertainment and educational programming for children, and activity centers for seniors and adult learning. Structures for physical wellness uses are permitted to include, by way of example and not limitation, indoor and outdoor exercise and participant sports facilities, swimming pools, playgrounds, and climbing walls. Service, cleaning and repair shops, for personal, household or garden equipment. Tailor or dressmaking shops, and similar repair services. Theaters, except open air drive-in establishments. (Ord. G-1112, 9-26-2017) 13-76-2: SPECIAL USES: Amusement establishments that are not expressly listed as a permitted use under section 1a-/H ! of this article, such as spectator sports facilities, and are not otherwise prohibited by Village ordinance. Automobile test drive areas that are designated exclusively as such and involve construction of specific physical improvements (as opposed to automobile testing within multi-functional vehicular areas). 8 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 9 of 27 Community centers that do not qualify as a permitted use under section 13 'Es 1 of this article. Daycare center, provided such facility complies with all licensing requirements of the State and maintains a direct alarm hookup to the Police Department. Drive-in banking facility. Electric distribution centers and substations. Farmers'markets and/or French markets involving the sale of flowers,culinary accessories and edible items provided that the following conditions are met: A. Sale of used or pre-owned items is not permitted unless allowed in the special use approval ordinance. B. Farmers'market and/or French market may be conducted no more than one day per week unless otherwise allowed in the special use approval ordinance. C. All signage and setback requirements of the underlying zoning district must be met. D. The property on which the farmers'market and/or French market is conducted complies with all the parking requirements of the underlying zoning district or, in the alternative, the petitioner demonstrates that notwithstanding any temporary noncompliance,the conduct of the event will not impose any undue traffic or parking burden on surrounding properties and streets; and E. The farmers' market and/or French market is approved by the Department of Community Development upon application and submittal of all required information from the property owner detailing prospective compliance with the conditions herein. Micro-distilleries. @GeHt 10 f, inUFaRtS-a444 Specialty retail programs that do not qualify as a permitted use under section 13-713-1 of this article. Pre-schools, including nursery schools and kindergartens. Public utility, governmental service, and transportation uses: Bus turnarounds and passenger shelters. Fire and police stations. Sewage and stormwater lift stations. Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. Specialty retail programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: a)all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department; and b) specialty retail program facilities have appropriate utilities provided, are not convenient to drive-up businesses, and do not materially interfere with access to or visibility of other establishments within the shopping center. Wireless communication towers. (Ord. G-1112, 9-26-2017) ARTICLE C. B3 GENERAL BUSINESS DISTRICT 13-7C-1: PERMITTED USES.- 13-7C-2: SES:13-7C-2: SPECIAL USES: 13-7C-3: LOT AREA REQUIREMENTS: 13-7C-4: ADDITIONAL REGULATIONS: 9 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 10 of 27 13-7C-1: PERMITTED USES: Accessory uses and structures. Animal hospitals and veterinarian offices. Art galleries. Auction rooms. Automobile accessory stores. Automobile sales establishments. Automobile service stations. Banks and other financial institutions. Bicycle stores, sales, rental and repair. Blueprinting and photocopying establishments. Building material sales, not including outside storage. Camera and photographic supply stores. Carpet and rug stores. Cartage and express facilities; provided storage of goods, motor trucks or other equipment is in a completely enclosed building. Catering establishments. China and glassware stores. Clinics, medical and dental, including accessory laboratories. Clothes pressing establishments. Clothing stores. Clothing and costume rental shops. Clubs, lodges and fraternal organizations. Cocktail lounges. Coin and philatelic stores. Department stores. Drug stores. Dry cleaning and laundry retail establishments; provided, that processing, if done on the premises, shall utilize nonexplosive, nonflammable materials, that such processing shall be limited to service of the principal use. Electrical, gas and other household appliance stores, including radio and television sales and accessory repair and service thereof. Electric distribution centers and substations. Employment agencies. Exhibition halls. Fire stations. 10 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 11 of 27 Food stores, including grocery stores, meat markets and delicatessens. Furniture stores, including upholstery when conducted as part of the retail operation and secondary to the principal use. Furrier shops, including the incidental storage and conditioning of furs. Garages, public,where body repair and painting are incidental accessory uses, but not including automobile wrecking yards. Garages, storage. Garden supply and seed stores. Gas regulator stations. Greenhouses and conservatories. Hobby shops, for retailing of items to be assembled or used away from the premises. Interior decorating shops, including upholstery and making of draperies, slipcovers and other similar articles when conducted as part of the retail operation and secondary to the principal use. Jewelry stores, including watch repair. Job printing shops, using presses having beds of not more than fourteen inches by twenty inches (14" x 20"). Kennels, with no outdoor dog runs. Laboratories, medical, dental or optical. Leather goods and luggage stores. Libraries. Liquor stores, retail sales of package goods only. Loan offices. Locksmith shops. Mail order service stores. Millinery shops. Music stores, sheet music and phonograph record sales. Musical instrument sales and repair. Offices. Office supply stores. Opticians and optometrists. Orthopedic and medical appliance stores, not including the assembly or manufacture of such articles. Paint and wallpaper stores. Parking lots, for passenger motor vehicles only. Pet service, domestic. Pet shops. Photography studios, including developing and printing of photographs, when conducted on the premises as a part of the retail business. 11 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 12 of 27 Physical culture and health service, gymnasiums, reducing salons, massage salons and public baths. Picture framing, when conducted on the premises for retail trade. Plumbing, heating, air conditioning and electrical fixtures and equipment, showroom and shops, for domestic use only. Police stations. Radio and television service and repair shops. Recording studios. Recreational buildings, community centers and meeting halls. Religious institutions, churches, chapels, temples or synagogues. Restaurants, including musical entertainment/dancing and outdoor dining areas(as described in 13-7-6) 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 nuisances. Sewing machine sales and services, household machines only. Shoe and hat repair stores. Shoe stores. Sporting goods stores. Tailor shops. Taxidermists. Telegraph offices. Theaters, indoor. Tobacco shops. Toy shops. Travel bureaus and transportation ticket offices. Typewriter and adding machine sales and service establishments. Undertaking establishments and funeral parlors. (Ord. G-60, 3-22-1966; Ord. G-520, 8-24-1993) 13-7C-2: SPECIAL USES: Accessory uses and structures, including, but not limited to, off street parking and off street loading spaces and business signs. Amusement establishments, including bowling alleys, gymnasiums, swimming pools and skating rinks. Automobile minimarket. Daycare center, provided such facility complies with all licensing requirements of the state of Illinois and maintains a direct alarm hookup to the Oak Brook police department. Drive-in establishments for permitted uses. Farmers'markets and/or French markets involving the sale of flowers,culinary accessories and edible items for consumption off the premises where the sale is made provided that the following conditions are met: A. Sale of used or preowned items is not permitted. 12 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 13 of 27 B. Farmers'market and/or French market may be conducted no more than one day per week on any property zoned for business purposes. C. All signage and setback requirements of the underlying zoning district must be met. D. The property on which the farmers'market and/or French market is conducted complies with all the parking requirements of the underlying zoning district or, in the alternative, the petitioner demonstrates that notwithstanding any temporary noncompliance, the conduct of the event will not impose any undue traffic or parking burden on surrounding properties and streets; and E. The farmers' market and/or French market is approved by the department of community development upon application and submittal of all required information from the property owner detailing prospective compliance with the conditions herein. Horse stables and riding academies, public, on a lot not less than ten(10)acres in area, provided buildings containing stables and accessory outdoor facilities are not less than one hundred fifty feet(150') from the nearest lot line. Nursing homes, on lots not less than three hundred feet(300') in width and not less than two (2) acres in area. Open sales lots, when accessory to new automobile, trailer or boat sales establishments. Public utility, governmental service and transportation uses. Bus turnarounds and passenger shelters. Sewage and stormwater lift stations. Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. Recreation, outdoor, par 3 and miniature golf courses, golf driving ranges, swimming and tennis clubs, and other outdoor recreation uses as approved by the village board of trustees. Senior housing. Trailer or boat sales establishments, for new trailer or boat sales. (Ord. G-60, 3-22-1966; Ord. G-305, 9-8- 1981; Ord. G-449, 8-14-1990; Ord. G-454, 10-9-1990; Ord. G-819, 12-12-2006; Ord. G-903, 11-10-2009; Ord. G-915, 1-12-2010) ARTICLE D. B4 HOTEL-OFFICE DISTRICT 13-7D-1: PERMITTED USES. 13-7D-2: SPECIAL USES: 13-7D-3: LOT AREA REQUIREMENTS: 13-7D-4: ADDITIONAL REGULATIONS: 13-7D-1: PERMITTED USES: Accessory uses and structures including: Restaurants and accessory cocktail lounges and outdoor dining areas (as_described in 13-7&6 ++ stwstiAk_ which is used principally for a permitted use, and when located on floors below those used for the principal use or on the top floor or roof of such a structure_ 13 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 14 of 27 Retail sales and personal service uses, having no exterior advertising and accessible only from the lobby and interior of a building and used for a permitted principal use and when no single establishment occupies more than two thousand (2,000)square feet of floor area. Electric distribution centers and substations. Gas regulator stations. Hotels and motels (minimum of 50 rooms). Offices, institutional and fraternal. Sewage and stormwater lift stations. Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. (Ord. G-60, 3-22-1966) 13-7D-2: SPECIAL USES: Accessory uses and structures. Bus turnarounds and passenger shelters. Daycare center, provided such facility complies with all licensing requirements of the state and maintains a direct alarm hookup to the Oak Brook police department. Farmers'markets and/or French markets involving the sale of flowers,culinary accessories and edible items for consumption off the premises where the sale is made provided that the following conditions are met: A. Sale of used or preowned items is not permitted. B. Farmers' market and/or French market may be conducted no more than one day per week on any property zoned for business purposes. C. All signage and setback requirements of the underlying zoning district must be met. D. The property on which the farmers'market and/or French market is conducted complies with all the parking requirements of the underlying zoning district or, in the alternative, the petitioner demonstrates that notwithstanding any temporary noncompliance,the conduct of the event will not impose any undue traffic or parking burden on surrounding properties and streets; and E. The farmers' market and/or French market is approved by the department of community development upon application and submittal of all required information from the property owner detailing prospective compliance with the conditions herein. Offices, business and professional, occupying less than fifty percent (50%) of the total floor area of a structure over five(5)stories in height, and when located on floors below those used for dwelling purposes. Sewage and stormwater lift stations. Water filtration plants, wells, pumping stations and reservoirs. (Ord. G-60, 3-22-1966; Ord. G-454, 10-9-1990; Ord. G-915, 1-12-2010) Chapter 10 OFFICE-RESEARCH-ASSEMBLY DISTRICTS 13-10-1: PROHIBITED USES: 13-10-2: USES ENCLOSED: 14 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 15 of 27 13-10-3: PERFORMANCE STANDARDS: 13-10-4: OUTDOOR DINING AREAS 13-10-1: PROHIBITED USES: A. Industrial: No lot shall be used, and no structure shall be erected, altered or remodeled for any of the following uses: abattoirs; arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks manufacture or storage; dumping or reduction of garbage, dead animals, offal, or refuse; ore reduction; petroleum processing or refining; pyroxylin manufacture;gutta percha manufacture or treatment;saltworks; sauerkraut manufacture;smelters; stockyard or slaughter of or experimentation with animals or fowl; tallow, grease, or lard manufacture or treatment; tanning, curing, or storage of rawhides or skins; tar distillation or manufacture; cement, concrete, or asphaltic concrete, mortar or plaster batch mixing plants; or junkyard or other uses having operations that are deemed by the board of trustees to be incompatible with the intended environmental character of the ORA office-research-assembly district, except clinical testing of animals of the rodent family or domesticated fowl is permitted if conducted within a separate room or rooms not to exceed two thousand (2,000) square feet of gross floor area which is part of a building used for research. B. Explosives: 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. Such materials shall include, but shall not be confined to, all primary explosives such as lead azide, lead styphnate,fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and pectic 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 explosives such as dynamite and nitroglycerin; unstable organic compounds such as acetylides, tetrazoles, perchloric acids; perchlorates, chlorates, hydrogen peroxide in concentrations greater than thirty five percent(35%); and nuclear fuels, fissionable materials and products, and reactor elements such as uranium 235 and plutonium 239. (Ord. G-60, 3-22-1966; Ord. G-119, 5-12-1970) 13-10-2: USES ENCLOSED: All business, service, research, merchandise display and manufacturing activities and operations shall be conducted wholly within completely enclosed buildings except off street parking, off street loading, outdoor dining areas adjacent to restaurants and open sales lots and drive-in facilities in districts where they are permitted. (Ord. G-60, 3-22-1966; Ord. G-758, 8-24-2004) 13-10-3: PERFORMANCE STANDARDS: Any use established in the ORA1, ORA2 or ORA3 office-research-assembly districts shall be operated so as to comply with the performance standard regulations prescribed in this section, and no use lawfully established on the effective date hereof shall be hereafter altered or modified so as to conflict with,or further conflict with, such performance standards. A. Noise: See section 13-3 W of this title for performance standards pertaining to sound levels. B. Vibration: Any operation or activity which shall cause at any time and at any point beyond the boundaries of the lot, earthborne vibrations other than background vibrations produced by some source not under control of this chapter, such as the operation of motor vehicles or other transportation facilities in excess of the limits set forth in the following column I is prohibited. In addition, any operation or activity which shall cause at any time and at any point in a residence district earthborne vibrations in excess of the limits set forth in the following column II is prohibited. Vibration shall be expressed as displacement in inches and shall be measured with a three (3) component measuring system approved by the director of community development. 15 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 16 of 27 Frequency In Cycles 1 II Per Second Displacement In Inches Displacement In Inches 0 to 10 0.0008 0.0004 10 to 20 0.0005 0.0002 20 to 30 0.0002 0.0001 30 to 40 0.0002 0.0001 40 and over 0.0001 0.0001 Impact vibrations which are discrete pulses that do not exceed one hundred (100) impulses per minute shall be permitted twice the displacements shown above in columns I and II. C. Smoke And Particulate Matter: 1. The emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful. 2. For the purpose of grading the density or equivalent capacity of smoke, the Ringelmann chart described in the bureau of mines information circular 6888 shall be employed. The emission of smoke or particulate matter of a density or equivalent greater than no. 1 on the Ringelmann chart is prohibited at all times except as otherwise provided hereinafter. 3. The emission of smoke or particulate matter of a density greater than Ringelmann no. 3 is permitted once in any twenty four(24) hour day for no more than three(3) minutes. 4. Wind generated dust from such sources as storage areas,yards, roads,and so forth,within lot boundaries shall be minimized by appropriate landscaping or all weather paving. 5. The emission of particulate matter from any chimney, stack, or vent shall not exceed one- fourth (1/4) pound per hour per acre of lot area. D. Toxic Matter: No use shall discharge beyond the boundaries of the lot toxic matter in such concentrations as to be detrimental to, or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business. E. Odors: The emission of odorous matter in excess of the odor threshold measured beyond the boundaries of the lot at ground level or at habitable elevation is prohibited. F. Fire And Explosion Hazard: 1. The storage, utilization, or manufacture of solid materials ranging from incombustible to moderate burning is permitted. 2. The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted provided the following conditions are met: a. The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the village and the National Fire Protection Association. b. All such buildings shall be set back at least forty feet (40') from all lot lines or, in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the village and the National Fire Protection Association. C. Said materials, if stored outdoors, shall be no closer than one hundred fifty feet (150')to the nearest lot line in conformance with the standards and regulations of the village and the National Fire Protection Association. 16 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 17 of 27 3. The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks, and storage of finished products in original sealed containers: a. Said materials or products shall be stored or utilized within completely enclosed buildings having incombustible exterior walls, and handled in accordance with the standards and regulations of the village and the National Fire Protection Association and, in addition, all such buildings shall be set back at least forty feet (40') from all lot lines and shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the village and the National Fire Protection Association. b. The aboveground storage of flammable liquids in excess of the following quantities shall not be permitted: Closed Cup Flash Point Quantity(Gallons) Less than 24°F 1,000 24°F to less than 105°F 2,000 105°F to less than 187°F 5,000 187°F and higher 10,000 C. The total of all flammable liquids permitted on any lot shall not exceed ten thousand (10,000)gallons. G. Glare And Heat: Any operation producing glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard beyond the boundaries of the lot. H. Radiation Hazards: 1. The release of radioactive gases and particulate matter shall not exceed the maximum allowable concentration permitted the general population of applicable federal, state and local laws and regulations when measured at or beyond the lot line at ground level or habitable elevation. 2. No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable permitted the general population in applicable federal, state and local laws and regulations. (Ord. G-60, 3-22-1966; Ord. G-233, 5-31-1978; Ord. G-863, 7-22-2008) 13-10-4: OUTDOOR DINING AREAS: A. For the purposes of this section, "outdoor dining areas" are defined as the use of an adjacent, outside area by a restaurant for the same eating and drinking activities that occur within the restaurant. B. The following regulations shall apply to outdoor dining areas: 1. The location of any outdoor dining area comply with all setback requirements in the applicable zoning district and shall not obstruct pedestrian or vehicular traffic. A minimum of five feet(5)of sidewalk clearance shall be maintained at all times for pedestrian travel: 2. Any outdoor dining area be under the direct supervision and control of the principal restaurant, and such dining area be enclosed by a fence or other protective safety barrier which shall be constructed to clearly delineate the boundaries of the area and to protect the health and safety of restaurant patrons and the general public; 17 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 18 of 27 3. The hours of operation of any outdoor dining area be within the normal operating hours of the principal restaurant; 4. There shall be no live entertainment in the outdoor dining area; 5. Plans shall be provided delineating the location of the outdoor dining area, and such location be approved by the Building Official as part of a building permit.The outdoor dining area shall be maintained in compliance with the approved plans; 6. The principal restaurant and outdoor dining area shall be in compliance with all the requirements of this code and all other applicable rules and regulations of any other governing agency including the DuPage County Health Department regarding restaurant and outdoor dining areas; ARTICLE A. ORA1 OFFICE-RESEARCH-ASSEMBLY DISTRICT 13-10A-1: PERMITTED USES: 13-10A-2: SPECIAL USES: 13-10A-3: LOT AREA REQUIREMENTS: 13-10A-4: ADDITIONAL REGULATIONS: 13-10A-1: PERMITTED USES: Accessory uses and structures, 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 lot on which the accessory use is located. Accessory uses and structures shall also include dwellings occupied by watchmen, janitors, maintenance and similar employees engaged upon the premises; but no dwellings shall be erected for any other purposes. Any establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products, provided that operations conform with performance standards and other requirements of this title. Churches, on lots not less than four(4)acres in area. Electric distribution centers and substations. Gas regulator stations. Offices and financial institutions. (Ord. G-60, 3-22-1966) 13-10A-2: SPECIAL USES: Clinics, medical and dental, including accessory laboratories. Daycare centers, provided such facility complies with all licensing requirements of the state and maintains a direct alarm hookup to the police department or other emergency dispatch center. Drive-in banking facilities. Health clubs, private, membership only, in multibuilding office complexes under single ownership or control on sites not less than ten (10)acres,when such facility is designed primarily for use by tenants of the office complex. Such structure shall not front on any perimeter road, and access thereto shall be provided only from interior roadways. Heliports(not for freight)shall meet all of the standards as contained in subsection 13-10A-4C of this article_ Hotels. 18 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 19 of 27 Parks and open field recreational activities. Personal service and retail sales uses intended primarily for the use of tenants and having no exterior advertising and accessible only from the lobby or interior of the building, limited to: Barbershops and beauty parlors. Drugstores. Newsstands; newspapers, magazines and other periodicals. Tobacco shops. Public utility, governmental service and transportation uses: Bus turnarounds and passenger shelters. Emergency warning system structures. Fire and police stations. Post office operated by the United States government. Sewage and stormwater lift stations. Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. Radio and television stations and production studios. Restaurants with accessory cocktail lounges, .rid outdoor dining areas, without facilities for dancing and live entertainment, in multibuilding office complexes under single ownership or control on sites not less than ten (10) acres, when such facility is designed primarily for use by tenants of the office complex. Such structure shall not front on any perimeter road, and access thereto shall be provided only from the interior roadways, Schools, nonresidential, post baccalaureate school; provided, that not more than twenty percent (20%)of the course offerings may be prerequisite to admission to the post baccalaureate programs. (Ord. G-60, 3- 22-1966; Ord. G-131, 5-25-1971; Ord. G-210, 2-8-1977; Ord. G-275, 1-20-1981; Ord. G-305, 9-8-1981; Ord. G-424, 1-24-1989; Ord. G-448, 7-10-1990; Ord. G-471, 8-13-1991; Ord. G-483, 3-10-1992; Ord. G- 487, 5-12-1992; Ord. G-536, 7-12-1994; Ord. G-553, 3-14-1995; Ord. G-669, 1-23-2001; Ord. G-724, 7-22- 2003; Ord. G-785, 6-28-2005) ARTICLE B. ORA2 OFFICE-RESEARCH-ASSEMBLY DISTRICT 13-10B-1: PERMITTED USES: 13-10B-2: SPECIAL USES: 13-10B-3: LOT AREA REQUIREMENTS: 13-10B-4: ADDITIONAL REGULATIONS: 13-10B-1: PERMITTED USES: Accessory uses and structures, including storage and service areas within the structures, garages for delivery trucks, off street parking, 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 structures and uses shall also include dwellings occupied by 19 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 20 of 27 watchmen,janitors, maintenance and similar employees engaged upon the premises; but no dwelling shall be erected for any other purpose. Permitted uses as allowed in the B2 regional shopping center district. Permitted uses as allowed in the ORA1 office-research-assembly district. (Ord. G-60, 3-22-1966; Ord. G- 758, 8-24-2004) 13-106-2: SPECIAL USES: Daycare centers, provided such facility complies with all licensing requirements of the state and maintains a direct alarm hookup to the police department or other emergency dispatch center. Drive-in establishments for retail banks and freestanding restaurants. Heliports (not for freight) shall meet all of the standards as contained in subsection 13-10A-4C of this chapter. Nonresidential, postbaccalaureate schools. 0y. c. :1 r!i:a.;:c nt to r Gta 1FaAtc Public utility, governmental service and transportation uses: Bus turnarounds and passenger shelters. Fire and police stations. Sewage and stormwater lift stations. Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. (Ord. G-980, 9-25-2012) ARTICLE C. ORA3 OFFICE-RESEARCH-ASSEMBLY DISTRICT 13-10C-1: PURPOSE: 13-10C-2: PERMITTED USES: 13-10C-3: SPECIAL USES: 13-10C-4: LOT AREA REQUIREMENTS: 13-10C-5: ADDITIONAL REGULATIONS: 13-10C-6: PROCEDURES: 13-10C-1: PURPOSE: The ORA3 district is designed to permit and encourage orderly and attractive site planning in accordance with an overall design which provides for the preservation of natural site qualities, a high proportion of open space, and an arrangement of land uses and physical features into a harmonious design compatible with the surrounding area. It is intended that an area may be classified as an ORA3 district only when the following conditions are met: A. Not less than fifty percent(50%)of the property shall be permanently devoted to open space which shall consist of planted areas (including planted surfaces of parking decks), forests, lagoons, watercourses, storm water swales and retention areas, pedestrian, bicycle, and bridle paths and walkways, with the maximum practicable retention of forests and other natural vegetation. B. All buildings and parking, and other structures to the extent practical,will be substantially screened from public view from public streets and streets privately owned and maintained in residential developments in accordance with a landscaping plan to be submitted for approval by the village. 20 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 21 of 27 C. All roads and bridges will be retained in private ownership and constructed to meet village standards and maintained by the owner without cost to the village. D. All access to and from the property can be constructed and maintained so that substantially all traffic generated will use commercial thoroughfares. (Ord. G-60, 3-22-1966) 13-10C-2: PERMITTED USES: The following are permitted uses within the ORA3 district, but only to the extent that each such use is in accordance with an approved development plan: Accessory uses and structures including the following: Central heating and air conditioning plants. Daycare centers, provided such facility complies with all licensing requirements of the state and maintains a direct alarm hookup to the police department or other emergency dispatch center. Limited retail and service facilities. Living quarters (not in separate residential buildings) solely for occupancy of watchmen, janitors, maintenance, and similar employees(and their families)employed in connection with the maintenance and security of the property and improvements thereon. Lodging facilities (together with restaurant and accessory cocktail lounge) for the transient use of employees of the owner, its subsidiaries, affiliates, franchisees, and other business invitees. Nonpublic meeting and conference facilities. Private recreational use, such as tennis courts, putting greens, swimming pools, bowling alleys, racquetball courts, baseball diamonds, stables, bridle paths, and health facilities. Public utility and transportation uses, such as: Bus turnarounds and passenger shelters; Electric distribution stations solely for serving the development; Outdoor telephone booths; Sewerage and storm water lift stations; Wells and reservoirs. Radio and television production studios. Research and development facilities. Storage, service, and maintenance buildings and areas. Temporary buildings for construction purposes and construction equipment storage areas, for a period not to exceed thirty(30) days following completion of construction. Hotels. Office, business and professional; provided, however, that following completion of any phase and for five (5) years thereafter not more than thirty three percent (33%) of the office space shall be occupied by persons other than employees or business invitees of either: a) the owner, its successors or subsidiaries or affiliated corporations thereof, or joint venturers or partners of the owner; or b)tenants who are suppliers for or consultants to the owner. Restaurants (which may include musical entertainment and dancing, cocktail lounges and tearoomsl outdoor dining areas (as described in 13-10-4`_ (Ord. G-60, 3-22-1966; Ord. G-447, 4-24-1990; Ord. G- 558, 7-25-1995; Ord. G-696,6-11-2002) 21 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 22 of 27 13-10C-3: SPECIAL USES: Heliport(not for freight),shall meet all of the standards as contained in subsection 13-10A-4C of this chapter and may be located on a roof of a building of four(4) stories or less. Not for profit, noncommercial performing and fine arts center. Schools of music, fine arts, dance, theater, and other arts. (Ord. G-60, 3-22-1966; Ord. G-305, 9-8- 1981) ARTICLE D. 03 OFFICE DISTRICT 13-10D-1: PERMITTED USES: 13-10D-2: SPECIAL USES: 13-10D-3: LOT AREA REQUIREMENTS: 13-10D-4:ADDITIONAL REGULATIONS: 13-10D-1: PERMITTED USES: Accessory uses and structures including: Restaurants accessory cocktail lounges and outdoor dining areas (as described in 13-10-4) +tea over five (5) stories in height which is used principally for a permitted use, and when located on floors below those used for the principal use or on the top floor or roof of such structure. Retail sales and personal service uses, having no exterior advertising and accessible only from the lobby and interior of a building(which is over 12 stories in height)and used for a permitted principal use and when no single establishment occupies more than two thousand (2,000)square feet of floor area. Banks and financial institutions. Electric distribution centers and substations. Gas regulator station. Offices. (Ord. G-60, 3-22-1966; Ord. G-842, 10-9-2007) 13-10D-2: SPECIAL USES: Daycare center, provided such facility complies with all licensing requirements of the state and maintains a direct alarm hookup to the Oak Brook police department. Heliports, not for freight, shall meet all of the standards as contained in subsection 13-10A-4C of this chapter. Additionally, the operation of said heliport shall meet the performance standards as contained in section 13-10-3 of this chapter. Hotel or combination office and hotel. Public utility, governmental service and transportation uses. Bus turnarounds and passenger shelters. Emergency warning system structures. Fire and police stations. Sewage and storm water lift stations. Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths and pedestals. 22 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 23 of 27 Water filtration plants, wells, pumping stations and reservoirs. (Ord. G-60, 3-22-1966; Ord. G-454, 10-9- 1990; Ord. G-483, 3-10-1992; Ord. G-747, 4-27-2004) ARTICLE E. 04 OFFICE DISTRICT 13-10E-1: PERMITTED USES.- 13-10E-2: SES:13-10E-2: SPECIAL USES: 13-10E-3: LOT AREA REQUIREMENTS: 13-10E-4: ADDITIONAL REGULATIONS: 13-10E-1: PERMITTED USES: Accessory uses and structures including: Restaurants including outdoor dining (as described in Section 13-10-4) and accessory cocktail lounges in a structure five(5)stories or more in height which is used principally for a permitted use, and when located on the ground or on floors below those used for the principal use or on the top floor or roof of such structure. Retail sales and personal service uses when no single establishment occupies more than two thousand (2,000)square feet of floor area. Buildings existing at the time of rezoning to 04 office district may be used for any of the uses permitted in the zoning district applicable to the property at the time of its rezoning; provided that in the event that: a) the structure is substantially damaged and the owner is not required by the lease or otherwise to restore the structure to its prior condition; or b) the structure is not occupied, used or leased for such purpose or purposes for a period of twelve(12)consecutive months, then its future use shall be limited to one or more of the uses permitted in this article, or, with the prior approval of the village board of trustees, to one or more of the special uses set forth in section 13 1 OE 2 of this article. Electric distribution centers and substations. Gas regulator station. Office supply retail establishments. Offices. (Ord. G-60, 3-22-1966) 13-10E-2: SPECIAL USES: Daycare center, provided such facility complies with all licensing requirements of the state and maintains direct alarm hookup to the Oak Brook police department. Health clubs,private, membership only, in multi-building office complexes under single ownership or control on sites not less than ten (10) acres. Such structure shall not front on any perimeter road, and access thereto shall be provided only from interior roadways. Heliports, not for freight, shall meet all of the standards as contained in subsection 13 10A 1C of this chapter. Additionally, the operation of said heliport shall meet the performance standards as contained in section .i 3 10 ? of this chapter. Hotel or combination office and hotel. Medical offices. Mixed use development on properties not less than ten (10)acres in area subject to the following: A. Authorized Uses: 1. Permitted; B1 District; Exceptions: All permitted uses authorized in the B1 local shopping center district, except that the following uses are not permitted: 23 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 24 of 27 Fire stations. Launderettes, including automatic self-service dry cleaning equipment. Libraries, branch. Police stations. 2. Permitted; B-2 District; Exceptions: All permitted uses in the B-2 regional shopping center district, except that the following uses are not permitted: Automobile service stations. Electric distribution centers and substations. Gas regulator stations. Hospitals, having not more than ten (10) beds and first aid stations for the treatment of emergency cases. Laundries, dyeing and cleaning establishments. Laundries, self-service, and shops for the collection and distribution of laundry and dry cleaning articles. Messenger and telephone service stations. Printing plants, newspaper, magazine and similar publications. Radio and television broadcasting stations. Service, cleaning and repair shops, for personal, household or garden equipment. 3. Permitted; B-3 District; Exceptions: All permitted uses in the B-3 general business district, except that the following uses are not permitted: Animal hospitals and veterinarian offices. Automobile accessory stores. Automobile service stations. Building material sales, not including outside storage. Cartage and express facilities. Clothing pressing establishments. Clubs, lodges and fraternal organizations. Coin and philatelic stores. Electric distribution centers and substations. Employment agencies. Exhibition halls. Fire stations. Garages, public, where body repair and painting are incidental accessory uses, but not including automobile wrecking yards. Garages, storage. Gas regulator stations. Greenhouses and conservatories. 24 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 25 of 27 Kennels, with no outdoor dog runs. Laboratories, medical, dental or optical. Libraries. Locksmith shops. Mail order service stores. Orthopedic and medical appliance stores. Pet service, domestic. Physical culture and health service, gymnasiums, reducing salons, massage salons and public baths. Plumbing, heating, air conditioning and electrical fixtures and equipment, showroom and shops, for domestic use only. Police stations. Radio and television stations. Recording studios. Recreational buildings, community centers and meetings halls. Religious institutions, churches, chapels, temples or synagogues. Sewing machine sales and services. Taxidermists. Telegraph offices. Typewriter and adding machine sales and service establishments. Undertaking establishments and funeral parlors. 4. Special; B-1 District; Exceptions: All special uses authorized in the B-1 local shopping center district, except as specified in subsection A7 of this use. 5. Special; B-2 District; Exceptions: All special uses in the B-2 regional shopping center district, except as specified in subsection A7 of this use. 6. Special; B-3 District; Exceptions: All special uses in the B-3 general business district, except as specified in subsection A7 of this use. 7. Nonpermitted Uses: The following uses are not permitted, notwithstanding the provisions of the zoning regulations: Amusement establishments, including gymnasiums, swimming pools and skating rinks. Automobile minimarket. Automobile service stations. Clubs, lodges, fraternities and community centers. Drive-in establishments for permitted uses. Fire and police stations. Gas regulator stations. Horse stables and riding academies, public. Nursing homes. 25 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 26 of 27 Open sales lots, when accessory to new automobile, trailer or boat sales establishments. Recreation, outdoor, par 3 and miniature golf courses, golf driving ranges, swimming and tennis clubs, and other outdoor recreation uses as approved by the village board of trustees. Water filtration plants, wells, pumping stations and reservoirs. 8. Additional Authorized Uses: Bakeries, where not more than forty percent(40%)of the floor area is devoted to processing. Barber shops and beauty parlors, day spas, tanning salons. Clinics, medical, dental and optometric including accessory laboratories. Drive-in and drive-through banking facilities. Garden supply, retail. Health clubs, including accessory uses such as daycare, spa services including tanning and salon, selling of goods including clothing, food, other items related to health and well being. Indoor entertainment facilities, except for game rooms and pool rooms. Offices: business, professional and public. Any such office use may also include a daycare center. F<etail food products sales facilities. Seasonal, portable carts serving only limited menu foods and/or beverage items in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided that: a) all aspects of the operation and sales meet the applicable requirements of the DuPage County health department;and b)cart locations have appropriate utilities provided,are not convenient to drive-up business, and do not materially interfere with access to or visibility of other establishments within the shopping center. Single-family attached dwellings. Section 3: Codification The title, chapter(s) and section(s) adopted by this Ordinance shall be numbered and placed in an appropriate title, chapter(s), and sections(s)sections when and during the codification of the Oak Brook Municipal Code. Section 4: Conflict Clause That all ordinances, parts of ordinances or board actions in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section 5: Passage Clause That this ordinance shall take full force and effect from and after its passage, approval and publication as provided by law. Section 6: Constitutionality Clause Any part or parts of this ordinance declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the Oak Brook Municipal Code. Section 7: Effective Date That this ordinance become effective upon its passage and approval by the Village Board as provided by law. Section 8: Publication This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 9: Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook 26 Ordinance 2020-ZO-TA-G-1163 Title 13, Chapter 7 and 10 Permitted Uses—Outdoor Dining Areas Page 27 of 27 APPROVED THIS 28th day of April, 2020. G -pal G. Lalmalani Village President PASSED THIS 28th day of April, 2020. Ayes: Trustee Baar, Cuevas, Manzo, Saiyed,Tiesenga,Yusuf Nays: None Absent: None ATTEST: p F 04 Charlotte K. Pruss Village Clerk C0IJNTY 27