G-364 - 09/10/1985 - SPECIAL USE - Ordinances ORDINANCE NO. G- 36
AN ORDINANCE AMENDING SECTIONS 10-34(x)(1) and 10-35(b)
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS
RELATIVE TO FLOOD PLAIN SPECIAL USES AND VARIATIONS
WHEREAS, pursuant to State statute and Village ordinance, the
concurring votes of four members of the Plan. Commission and/or the Zoning Board
of Appeals is necessary to recommend in favor of an application for zoning relief
which is brought before the respective hearing body; and
WHEREAS, this voting rule is also applicable to flood plain special
uses and variations and has been so required by the Village in past applications;
and
WHEREAS, explicitly stating this voting requirement will give greater
notice to applicants for flood plain relief; and
WHEREAS, the President and Board of Trustees deem passage of this
Ordinance to be in the best interest and in pursuance of the general welfare of
the Village;
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 above preamble are hereby
adopted as though fully set forth herein.
Section 2: That Section 10-34(a) (1) of the Code of Ordinances of the
Village of Oak Brook, Illinois be and is hereby amended to read as follows:
Sec. 10-34. Special use permits.
(a) (Required:) Any use listed in this article as requiring
a special use permit may be allowed only upon application to
and issuance of a special use permit by the Village.
(1) Authority: Special uses shall be authorized or denied
by the Village Board in accordance with the statutes of the
State of Illinois applicable to amendments of a zoning
ordinance, and the regulations and conditions set forth in
this division for special uses. No application for a special
use shall be acted upon by the Village Board until after:
(i) A written report is prepared and forwarded to the Zoning
Board of Appeals and the Village Board by the Plan Commission
in the manner prescribed in the Zoning Ordinance for
amendments to said Ordinance; and
(ii) A public hearing has been held by the Zoning Board of
Appeals, after due notice by publication as provided by the
applicable statutes of the State of Illinois for amendments
to a Zoning Ordinance and upon a report of the Plan
Commission to the Board of Trustees, if such a report is
made.
The concurring vote of four members of the Plan Commission
and/or the Zoning Board of Appeals shall be necessary to
recommend in favor of any application which is brought before
the respective hearing body pursuant to this Article.
Section 3: That Section 10-35(b) of the Code of Ordinances of the
Village of Oak Brook, Illinois be and is hereby amended to read as follows:
(b) Authority: The Board of- Trustees shall decide all
applications for variations of the provisions of this division
after a public hearing held before the Zoning Board of Appeals
on such notice as shall be required by the Illinois Statutes
for zoning variations. The Zoning Board of Appeals shall hold
Ordinance No. G- 364
Amending Sections 10-34(a)(1)
and 10-35(b) Relative to
Flood Plain Special Uses and
Variations
Page two
public hearings upon all applications for variations and shall
report its recommendations to the Board of Trustees as to
whether a requested variation would be in harmony with its
general purpose and intent, and shall recommend a variation
only where it shall have made a finding of fact specifying the
reason or reasons for recommending the variation. Such
findings shall be based upon the standards prescribed in sub-
section (e) below. No variation shall be granted by the Board
of Trustees without such findings of fact. The concurring
vote of four members of the Zoning Board of Appeals shall be
necessary to recommend in favor of the requested variation.
In the case of a variation where the Zoning Board of Appeals
fails to recommend the variation, it can only be adopted by an
ordinance with the favorable vote of two-thirds of the
Trustees.
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.
Section 5: If any section, sub-section, 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.
Section 6: 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 7: The Village Clerk is hereby authorized and directed to
publish this Ordinance in pamphlet form as required by law.
PASSED this 10th day of September 1985.
Ayes: Trustees Bushy, Imrie, Maher, Philip and Rush
Nays None
Absent: Trustee Winters
APPROVED this 10th day of September 1985.
ill �
Village President
ATTEST:
Village C erk
Approved as to Form:
Published 9/11/85 Pamphlet form
\ Date Paper.
Not Published
Village Attorney