G-368 - 10/22/1985 - ZONING - Ordinances •
ORDINANCE NO. G-368
ORDINANCE AMENDING SECTION XII(B)(8)(c)
\ •
• OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK,
ORDINANCE NO. G-60, AS AMENDED
WHEREAS, an application has been filed requesting various alternative
text amendments to the Oak Brook Zoning Ordinance which would affect the
continued use of the property located at 3702 York Road; and
WHEREAS, at its meeting of August 19, 1985 the Plan Commission
recommended that Section XII(B)(8) of the Zoning Ordinance, which Section is
entitled "Nonconforming use of Conforming Buildings or Structures", be amended so
as to designate the York Tavern as an historic structure and create a procedure
whereby this tavern could receive a Special Use Permit which would exempt it from
the Village's amortization provisions; and
WHEREAS, the Zoning Board of Appeals pursuant to due and appropriate
legal notice conducted a public hearing thereon on September 3, 1985, and
recommended that the York Tavern be designated an historic structure and that
Section XII(B)(8)(c) of the Zoning Ordinance be amended to permit the granting of
a Special Use Permit for the York Tavern as an historic structure which would
permit its use as an exception to the Village's amortization provisions; and
WHEREAS, one alternative which the applicant proposed was the
elimination of Section XII(B)(8)(c) of the Zoning Ordinance, which Section
pertains to the amortization of certain nonconforming uses located in a Residence
District; and
WHEREAS, the corporate authorities find granting the applicant's
request for a special use permit does not best serve the interests of the
Village, as the character of the neighborhood in which the applicant's property
is located may change as vacant property is developed in the area; and
WHEREAS, the corporate authorities find that while elimination of the
amortization provisions in Section XII(B)(8)(c) is not appropriate at this time,
extension of the amortization period for an additional ten years is appropriate,
as the character of the neighborhood around the applicant's property and the
property of other owners similarly situated will be better defined in ten years;
and
WHEREAS, this ten year extension of the amortization period will allow
affected owners to make new plans and recoup their original investment through
income produced by the property and through savings gained by depreciation during
the extended amortization period; and
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(B)(8)(c) 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) Any lawful nonconforming use in a conforming building or
structure existing in a Residence District on the effective
date of this Ordinance or any amendments thereto, but is
herein allowed as a permitted or special use only in a
Business or ORA District, shall be entirely discontinued on or
before July 8, 1996.
Ordinance No. G- 368
Amending Section XII(B)(8)(c)
of the Zoning Ordinance
Page two
Section 3: 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 4: All ordinances, rules and regulations of the Village of Oak
Brook which are in conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict but only as they apply to the property
hereinbefore described.
Section 5: 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 22nd day of October , 1985.
Ayes: Trustees Bushy, Imrie, Maher, Rush and Winters
Nays: Trustee Philip
Absent: None
APPROVED THIS 22nd day of October , 1985.
•
1000 4/1"
A/4 //iP
illage President
, ATTEST:
/; ,ill \ ,\ )
Villag Clerk
Approved as to Form:
I /a.1
Village Attorney
Published 10-23-85 Pamphlet Form
Date Paper
Not Published