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G-575 - 09/24/1996 - ZONING - Ordinances ORDINANCE 96-ZO-TA-G-575 AN ORDINANCE AMENDING SECTIONS V, VI AND XII OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE NO. G-60, AS AMENDED WHEREAS, Section XII of the Zoning Ordinance of the Village of Oak Brook pertains, in part, to amortization of nonconforming buildings, structures and uses; and WHEREAS, given the trend of the law over the past thirty years, and given the application of current law to the uses affected by the amortization provisions in Section XII, it is appropriate that these amortization provisions be eliminated from the Zoning Ordinance; and WHEREAS, the intent of Section V(A) of the Zoning Ordinance entitled, "General Provisions - Control Over Use", is to prohibit uses not expressly permitted; and WHEREAS, Section V(C) of the Zoning Ordinance entitled, "General Provisions - Building on Lot", currently allows a property owner to combine without notice more than one lot of record to establish a zoning lot, leading to possible zoning ordinance violations if the property later comes under split ownership; and WHEREAS, Section V(D) of the Zoning Ordinance. entitled, "General Provisions - Lot Division", is in need of clarification; and WHEREAS, Section VI(A) of the Zoning Ordinance entitled, "Establishment of Districts - List of Districts", incorrectly shows a B-4 Hotel Office Institutional District, rather than a separate B-4 Hotel-Office District and a separate Institutional District; and WHEREAS, an application has been filed requesting amendments to Section XII, which would eliminate the amortization provisions, and amendments to the text of Sections V and VI; and WHEREAS, at its meetings of June 17, 1996, and July 15, 1996, the Plan Commission recommended the deletion of Section XII(7) Elimination of Nonconforming Buildings, Structures and Uses and other amendments to Section XII, as well as amendments to the aforestated miscellaneous text in Sections V and VI of the Zoning Ordinance, and WHEREAS, the Zoning Board of Appeals pursuant to due and appropriate legal notice conducted a public hearing thereon and on August 6, 1996 recommended approval of the requested text amendments, including deletion of the amortization provisions in all zoning districts; and Ordinance 96-ZO-TA-G-575 Amending Sections V, VI and XII of the Zoning .Ordinance Page 2 WHEREAS, it is in the best interests of the Village of Oak Brook that the amendments set forth below be made; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section XII, Nonconforming Buildings, Structures and Uses, (A) Statement of Purpose, of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the same is hereby amended to read as follows: "(A) Statement of Purpose. The purpose of this Section is to provide for the regulation of nonconforming uses, buildings and structures, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be eliminated." Section 3: That Section XII(B) (6) , Change of Use in Nonconforming Building or Structure, of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the same is hereby amended to read as follows: - "(6) Change of Use in Nonconforming Building or Structure: The nonconforming use of a building or structure all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use permitted in the district in which the building or structure is located." Section 4: That Section XII(B) (7) , Elimination of Nonconforming Buildings, Structures and Uses, be deleted and become reserved. Section 5: That Section XII(B) (8) , Nonconforming Use of Conforming Buildings or Structures, of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the same is hereby amended to read as follows: "(8) Nonconforming Use of Conforming Buildings or Structures: The existing nonconforming use of a part or all of a conforming building or structure may be continued subject to the following provisions: Ordinance 96-ZO-TA-G-575 Amending Sections V, VI and XII of the Zoning Ordinance Page 3 (a) The nonconforming use of a part of such building or structure shall not be expanded or extended into any other portion of such building or structure, nor changed to any . other nonconforming use. (b) If a nonconforming use of such a building or structure is discontinued, or abandoned for a period of six consecutive months, it shall not be renewed, and any subsequent use of such building or structure shall conform to the use regulations of the district in which the premises are located. " Section 6: That Section XII(B) (9) , Nonconforming Use of Land, of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the same is hereby amended to read as follows: "(9) Nonconforming Use of Land: The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of land, may be continued subject to the following provisions: (a) Such nonconforming use shall not be expanded or extended beyond the area it occupies. (b) If such a nonconforming use of land is discontinued or abandoned for a period of six consecutive months, it shall not thereafter be renewed, and subsequent use of land shall conform to the regulations of the district in which the land is located. (c) No nonconforming use of land shall be changed to another nonconforming use. (d) Where the nonconforming use of land is accessory to the nonconforming use of a building or structure, it shall be discontinued on the same date on which the nonconforming use of the building or structure is discontinued." Section 7: That Section V(A) (1) , General Provisions, Control Over Use, of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the same is hereby amended to read as follows: " (A) Control Over Use. Ordinance 96-ZO-TA-G-575 Amending Sections V, VI and XII of the Zoning Ordinance Page 4 (1) The uses of land and the erection, alteration and use of structures shall be limited to: (a) Uses lawfully established on the effective date of this Ordinance, subject to the regulations set forth in Section XII of this Ordinance. (b) Permitted uses or special uses permitted in the zoning district in which the land or structure is located, subject to the regulations set forth in Section XII(C) of this Ordinance pertaining to height, area and parking. Subject to the above limitations, no building or land shall be used, and no building shall be erected or altered for any purposes other than permitted in the zoning district in which the land or structure is located. " Section 8: That Section V(C) , Building on Lot, of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the same is hereby amended to read as follows: "(C) Building on Lot: (a) On single-family detached residence district lots with permitted uses, there shall be not more than one principal building. (b) In the event that more than one lot of record is necessary to satisfy the requirements of this Zoning Ordinance, a Notice of Encumbrance shall be recorded with the Recorder of Deeds against all affected lots of record prior to the issuance of any building permit. " Section 9: That Section V(D) , Lot Division, of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the same is hereby amended to read as follows: "(D) Lot Division: No lot containing a use or structure shall hereafter be divided in order to secure one or more additional lots for transfer of ownership and establishment of a principal use thereon, unless each lot resulting from such division and including also the lot containing the use or structure shall have the minimum lot area and lot width as required in this Ordinance for the district in Ordinance 96-ZO-TA-G-575 Amending Sections V, VI and XII of the Zoning Ordinance Page 5 which the lot is located." Section 10: That Section VI(A) , Zoning Districts, Establishment of Districts, of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, be and the same is hereby amended to read as follows: "(A) Establishment of Districts: In order to carry out the purposes and provisions of this Appendix, the Village is hereby divided into the following zoning districts: CR, Conservation/Recreation R1, Single-Family Detached Residence R2, Single-Family Detached Residence R3, Single-Family Detached Residence R4, Single-Family Detached Residence B1, Local Shopping Center B2, Regional Shopping Center B3, General Business B4, Hotel-Office Institutional ORA1, Office-Research-Assembly ORA2, Office-Research-Assembly ORA3, Office-Research-Assembly 03, Office Section 11: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Section 12: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. PASSED THIS 24th day of September, 1996. AYES: Trustees McInerney, Payovich, Savino and President Bushy NAYS Trustee Bartecki ABSENT: Trustees Kenny and Shumate None ABSTAIN: Ordinance 96-ZO-TA-G-575 Amending Sections V, VI and XII of the Zoning Ordinance Page 6 APPROVED THIS 24th day of September, 1996. A /4 Village President ' ��ATTEST �V l.l.a• �e?C �✓ a G Village Attorney Published 9-25-96 Pamphlet form Date Paper Not Published