G-1227 - 01/24/2023 - TEXT AMENDMENT - OrdinancesTHE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2023-ZO-TA-G-1227
AN ORDINANCE
AMENDING TITLE 13 (ZONING REGULATIONS) OF THE
VILLAGE OF OAK BROOK CODE OF ORDINANCES AS IT
RELATES TO ACCESSORY USES AND STRUCTURES
REGULATIONS
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LAURENCE HERMAN
MICHAEL MANZO
JAMES NAGLE
A. SURESH REDDY
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 24th day of January, 2023
ORDINANCE NO. 2023-ZO-TA-G-1227
AN ORDINANCE
AMENDING TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE OF OAK BROOK CODE
OF ORDINANCES AS IT RELATES TO ACCESSORY USES AND STRUCTURES
REGULATIONS
WHEREAS, the Village of Oak Brook (hereinafter referred to as "Village") is a
municipal corporation with authority provided for and granted pursuant to the Illinois Municipal
Code to exercise certain powers and perform certain functions pertaining to its local government
and affairs;
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, Title 13 (Zoning Regulations) Chapter 3 (General Zoning Provisions) Section
13-3-6 provides for the general regulations relating to accessory uses and structures;
WHEREAS, pursuant to Section 13-2 and 13-3 of the Zoning Ordinance, the ZBA held a
public hearings on August 2, 2022, October 4, 2022 and November 1, 2022, at which hearings
the ZBA considered various amendments to the Accessory Structures Regulations and heard
comments from interested parties;
WHEREAS, the Village desires to amend the Village Code to add restrictions and clarifications to
the existing code to provide for when and where accessory use structures are deemed to be
appropriate;
WHEREAS, the Corporate Authorities of the Village of Oak Brook are of the opinion that
the aforementioned amendment to the Village's Code of Ordinances is in the best interest of the
public safety, health and welfare of the residents of the Village of Oak Brook.
NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village
President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois
as follows:
Section One — Recitals
The Corporate Authorities 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 Two — Amendment to Title 13
Title 13 (Zoning Regulations) Chapter 2 (Definitions) Section 13-3-2 (Definitions) is hereby
amended to add the following definition:
detached garage or other similar accessory building or structure.
Title 13 (Zoning Regulations) Chapter 3 (General Zoning Provisions) Section 13-3-6 (Accessory
Uses and Structures) is hereby amended as follows:
I1
B. General Regulations:
1. Accessory uses and structures shall be compatible with the principal use and
shall not be established prior to the establishment of the principal use. No
2. Accessory uses shall not include the keeping, propagation or culture of
pigeons, poultry, rabbits, bees, livestock or other nonhousehold animals for profit,
except on such lots where the pursuit of agriculture is a permitted principal or
accessory use.
3. Except as otherwise regulated for specific principal uses, an accessory
structure hereafter erected, altered, enlarged or moved in a lot shall conform with
the following:
a. A detached accessory structure building shall not be nearer than ten feet (10')
from the nearest wall of the principal structure_, and f9F 8aGh feet @YeF ten feet (10')
additienal ene half feet (44).
b. An accessory structure shall not be located in any required #entef side yard
abutting a street, except in rear yards where they adjoin a thoroughfare and are
screened by opaque landscaping expected to reach the height of the applicable
structure at full maturity.
c. Accessory uses and structures shall not be located, erected, or altered in
required yards, except as provided in subsections Aad,3gand 13 B3d, B3g, and
D of this section.
d. Detached accessory structures in a required rear yard in a residential district
shall:
(1) Be not more than fifteen feet (15') in height except for detached
garages that are not constructed with a continuous flat roof. (See subsection A3h
B3q of this section for detached garage heights.)
(2) Cover not more than thirty percent (30%) of the required rear yard qbjs
includes patios pools sheds ,garages accessory living units pool houses sports
courts. etc.).
(3)
in total area shall &be located net lessthan at least five feet (5') from the side or
f_Accessory structures which otherwise are only permitted in required rear yards
shall not be constructed within the buildable area between the principal structure
and adjacent streets along the front or side lot lines unless a setback equal to
double the required front or side yard setback is maintained from the front or side
yard lot line to such accessory structure.
h- Detached garages, that are not constructed with a continuous flat roof,
constructed in the "buildable" area of a lot will be permitted to be built to the same
height as the principal structure. However, detached garages constructed in a
required rear yard of a single-family home shall be limited to the following heights:
R1 district: Twenty five feet (26).
R2 district (lots 1 acre or larger): Twenty two and one-half feet (22.5').
R2 district (lots less than 1 acre) and R3 district: Twenty feet (20').
R4 district: Seventeen and one-half feet (17.5').
Any detached garage located in a required rear yard, that is over fifteen feet (15')
in height, shall be required to increase the setback one foot (1') for every one foot
(1') of increased height over fifteen feet (15'). Detached garages constructed with
a continuous flat roof will be limited to a maximum height of fifteen feet (15').
C. Accessory Living Unit
building or structure.
2. Accessory living units are not permitted in the Business or Office Districts,
or the R-2 R-3. R-4, or R-5 Districts.
modifies the intended use of the dwelling unit.
5. No accessory living unit shall be modified to increase the number of
dwelling units.
6. The construction of a new accessory living unit shall require the installation
of fire sprinklers in accordance with applicable residential building code
regulations.
—D. Permitted In Required Yards: Accessory uses and structures are permitted in
required yards as follows with the following designations (and subject to the other
provisions of this Code):
F = Yards adjoining streets
S = Interior side yards
R = Rear yards
Section Three — 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 Four - Effective Date
This Ordinance shall be in full force and effect from and after its passage, approval and
publication as provided by law.
M
F
S
R
Arbors or trellises, where trellises are attached to the principal structure
X
X
X
Accessory Living Unit
X
Awnings or canopies, not more than 3 feet
X
X
X
Fallout shelters, detached
X
Fire escapes, open and enclosed or fire towers, not encroaching more than 5 feet, except 3.5
feet into a required interior side yard
X
X
X
Flagpoles
X
X
X
Garages or carports, detached
X
Gates, driveway
X
X
Growing of garden crops in the open
X
X
HVAC equipment including air condition units, not less than 12 feet from designated lot lines
X
X
Lawn furniture, such garden structures as benches, sundials, and-birdbathsand fountains
X
X
X
Open off street loading spaces
X
Open off street parking spaces, may be permitted in a required yard adjoining a street, as
regulated in this title
X
X
Ornamental light standards
X
X
X
Playground and laundry drying equipment
X
Playhouses and open sided summer houses
X
Sheds and storage structures for garden equipment and household items
X
Signs and nameplates
X
X
X
Steps, open
X
X
X
Swimming pools
X
Tennis courts
X
Terraces, patios, outdoor kitchens, and outdoor fireplaces
X
Trees, shrubs and other plants, except on corner lots where no such material shall be permitted
to obstruct a clear path of motorists' vision of approaching vehicles within the area enclosed by
any 2 intersecting curb lines or edges of pavement, as extended to their point of intersection if
necessary, whichever is applicable, and a straight line connecting those 2 lines at points 60 feet
from their point of intersection
X
X
X
Section Three — 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 Four - Effective Date
This Ordinance shall be in full force and effect from and after its passage, approval and
publication as provided by law.
M
Section Five - Publication
This Ordinance shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
Section Six - Conflict Clause
That all ordinances or parts of ordinances in conflict with the terms of this Ordinance shall be
repealed to the extent of said conflict.
Section Seven — Saving Clause
If any section, paragraph, clause or provision of this Ordinance is declared by a court of law
to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity
of the remaining provisions of the Village's Municipal Code, which are hereby declared to be
separable.
Section Eight — Recording
This Ordinance shall be entered into the minutes and upon the journals of the Board of
Trustees of the Village of Oak Brook.
7
Ayes:
Nays:
Absent:
PASSED THIS 24th day of January, 2023.
Trustees Herman, Manzo, Reddy, Tiesenga, Yusuf
None
Trustee Nagle
APPROVED THIS 24th day of January, 2023.
ATTEST:
04je44-� PA�
Charlotte K. Pruss
Village Clerk
0
Gopal G. Lalmalani
Village President