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G-989 - 01/22/2013 - ZONING - OrdinancesORDINANCE 2013- ZO -TA -G -989 AN ORDINANCE APPROVING TEXT AMENDMENTS TO PROSPECTIVELY REGULATE CEMETERIES AND CEMETERY STRUCTURES IN THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK WHEREAS, Title 13 of "The Village Code of the Village of Oak Brook," as amended ( "Zoning Ordinance"), sets forth certain regulations regarding the use of land within the Village; and WHEREAS, there are currently four cemeteries located in the Village, and WHEREAS, the Village has not previously interpreted the Zoning Ordinance to apply to cemeteries and the various structures located therein, and WHEREAS, at the direction of the Village Board, both the Plan Commission and the Zoning Board of Appeals ( "ZBA ") studied and considered the establishment of new regulations specifically applicable to cemeteries and cemetery structures; and WHEREAS, the Village Board subsequently directed the ZBA to conduct a public hearing and make recommendations to the Village Board regarding whether and to what extent, if at all, the Zoning Ordinance should be amended to establish, among other regulations, use, setback, and height standards for cemetery properties and related future structures located therein, and WHEREAS, the Village Board's direction included only the consideration of text amendments that would apply prospectively and to confirm that existing structures are not required to relocate pursuant to the terms of the Zoning Ordinance; and WHEREAS, upon proper notice, the ZBA held a public hearing on June 19, August 7, and September 13, 2012, at which the ZBA considered various proposed text amendments to the Zoning Ordinance to regulate cemeteries and cemetery structures and heard extensive comments from all interested parties; and WHEREAS, at its November 5, 2012 meeting, the ZBA recommended the approval of a set of amendments (i) to provide protection for existing cemeteries and cemetery structures presently located within the Village, and (ii) to establish new prospective regulations for new cemeteries, new cemetery structures, and new expansions to existing cemeteries and cemetery structures (collectively, "ZBA Recommended Amendments "), and WHEREAS, the Board of Trustees has considered the reports of the Plan Commission and the ZBA and the ZBA Recommended Amendments, and the Board of Trustees has determined that it would be in the best interests of the Village and its residents to amend the Zoning Ordinance to regulate cemeteries and cemetery uses as set forth in this ordinance; 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: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 13 -2 -2. Section 13 -2 -2, entitled "Definitions," of Chapter 2, entitled "Definitions," of the Zoning Ordinance shall be amended to add the following new defined terms in the appropriate alphabetical order: Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 2 of 7 BURIAL STRUCTURES: Above ground structures within cemeteries, other than community burial structures, used, or intended to be used, for the entombment of human remains, including, without limitation, mausoleums, columbaria, and other similar structures. CEMETERY: Any land or structure dedicated to and used, or intended to be used, for the burial, interment, or entombment of human remains, and related accessory uses. CEMETERY ACCESSORY STRUCTURES: Structures used in support of and accessory to a cemetery use, including, without limitation, caretaker or similarly used residences, greenhouses, sales offices, storage buildings, administrative offices, and other similar structures accessory to a cemetery. COMMUNITY BURIAL STRUCTURES: Above ground structures over 20 feet in height used, or intended to be used, for the entombment of human remains, located in or near the center of a cemetery in accordance with their specific applicable regulations in this title, including, without limitation, mausoleums, columbaria, and other similar structures. EXISTING CEMETERIES AND STRUCTURES: Any cemetery, and the cemetery structures existing therein, existing as of January 22, 2013. MEMORIAL STRUCTURES: Above ground structures within cemeteries (i) installed for the purpose of marking, commemorating, or honoring a deceased person and (ii) not used for the above ground entombment of human remains, including, without limitation, grave stones, family estate markers, ornamental benches, vases and other decorative structures, and similar above - ground structures. Section 3: Amendment to Section 13 -6A -2. Section 13 -6A -2, entitled "Special Uses," of Article A, entitled "R1 Single - Family Detached Residence District," of Chapter 6, entitled 'Residence Districts," of the Zoning Ordinance shall be amended to read as follows: "13 -6A -2: SPECIAL USES: Agricultural: Growing of farm and garden crops and nursery stock as a principal use on a lot, provided: A. The lot area for commercial growing of farm crops, truck garden produce, and nursery stock shall be not less than ten (10) acres in area. B. The sale of such materials is not conducted from a store, stand or other structure erected or maintained for such purpose. Cemeteries; subject to compliance with the regulations in chapter 16 of this title. Any existing cemetery and structure shall be deemed to have a special use permit as required by this section, notwithstanding whether these existing cemeteries and structures comply, as of January 22, 2013, with the provisions of chapter 16 of this title. Any expansion, change, or new construction relating to an existing cemetery and structure shall comply with chapter 16 of this title, but any such activity shall not require a new or amended special use permit, or other zoning relief, provided that the activities comply with chapter 16. Notwithstanding the foregoing, no special use permit granted pursuant to this section, whether for an existing cemetery and structure or for a new cemetery or structure, shall permit a community burial structure to be built in a residence district." Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 3 of 7 Section 4: Amendment to Section 13 -6E -2. Section 13 -6E -2, entitled "Special Uses," of Article E, entitles "R5 Residence District," of Chapter 6, entitled 'Residence Districts," of the Zoning Ordinance shall be amended to read as follows: "13 -6E -2: SPECIAL USES: Cemeteries; subject to compliance with the regulations in chapter 16 of this title. Any existing cemetery and structure shall be deemed to have a special use permit as required by this section, notwithstanding whether these existing cemeteries and structures comply, as of January 22, 2013, with the provisions of chapter 16 of this title. Any expansion, change, or new construction relating to an existing cemetery and structure shall comply with chapter 16 of this title, but any such activity shall not require a new or amended special use permit, or other zoning relief, provided that the activities comply with chapter 16. Notwithstanding the foregoing, no special use permit granted pursuant to this section, whether for an existing cemetery and structure or for a new cemetery or structure, shall permit a community burial structure to be built in a residence district." Section 5: Amendment to Section 13 -9 -3. Section 13 -9 -3, entitled "Special Uses," of Chapter 9, entitled 'Institutional District," of the Zoning Ordinance shall be amended in its entirety to read as follows: 13 -9 -3: SPECIAL USES: Public utility, governmental service and transportation uses. Sewage and stormwater lift stations. Telephone exchanges, transmission buildings and equipment, outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. Electric distribution centers and substations. Gas regulator stations. Agricultural use, only on a lot 20 acres or more in area; except when the pursuit of agriculture is accessory to an institutional or residential use on a lot not less than 10 acres in area. Residential use, but only for detached dwellings, on lots not less than 1 acre, when the said dwelling is in the same ownership as one or more of the institutional uses above set forth. Cemeteries; subject to compliance with the regulations in chapter 16 of this title. Any existing cemetery and structure shall be deemed to have a special use permit as required by this section, notwithstanding whether these existing cemeteries and structures comply, as of January 22, 2013, with the provisions of chapter 16 of this title. Any expansion, change, or new construction relating to an existing cemetery and structure shall comply with chapter 16 of this title, but any such activity shall not require a new or amended special use permit, or other zoning relief, provided that the activities comply with chapter 16. Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 4 of 7 Section 6: Amendment to Tile 13 of the Zoning Ordinance. Title 13 of the Oak Brook Municipal Code, entitled "Zoning Regulations," is amended to add a new Chapter 16, entitled "Cemeteries," which new Chapter 16 shall read as follows: "CHAPTER 16 CEMETERIES 13 -16 -1: INTENT AND PURPOSE: The purpose of the regulations, standards, and criteria contained in this chapter is to provide regulations for cemeteries and cemetery structures within the Village. 13 -16 -2: NEW CEMETERIES AND EXPANSIONS: Any new cemetery established after January 22, 2013 shall contain a minimum of 25 acres. The incorporation of any new land into any cemetery after January 22, 2013 shall be subject to the review and approval of a special use permit pursuant to sections 13 -6A- 2, 13 -6E -2, and 13 -9 -3 of this title 13, provided, however, any two cemeteries that are contiguous and existing as of January 22, 2013 may be incorporated into one cemetery without requiring a special use permit. 13 -16 -3: HEIGHT, BULK LIMITATIONS: Notwithstanding anything to the contrary in other sections of this title, any of the following structures built, altered, or improved after January 22, 2013, shall comply with the following height and bulk restrictions: A, Burial structures: 20 feet in height, including all attached architectural features. B. Cemetery accessory structures located in a residence district: 15 feet in height. Cemetery accessory structures located in an institutional district: Shall comply with the height and bulk regulations of the residence district adjacent to the property on which the cemetery accessory structure exists. If more than one type of residence district is adjacent to the property on which the cemetery accessory structure exists, the height and bulk regulations of the residence district with the greatest amount of frontage along the cemetery property shall apply. D. Community Burial Structures: 45 feet in height; 8,000 sq. ft. in total gross floor area on the ground floor; 24,000 sq. ft. in total gross floor area on all floors. E. Memorial structures: 7 feet in height. 13 -16-4: SETBACK REQUIREMENTS: Notwithstanding anything to the contrary in other sections of this title, any of the following structures built, altered, or improved after January 22, 2013, shall comply with the following setback restrictions: A, Cemetery structures located in a Residence District: Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 5 of 7 1. Burial structures not more than 8 feet in height: No setback requirements. 2. Burial structures more than 8 feet in height: Not less than 100 feet from any right -of -way or property line. 3. Memorial structures: No setback requirements. 4. Cemetery accessory structures: Not less than 100 feet from any right -of- way or property line. B Cemetery structures located in an Institutional District: 1. Community burial structures: Not less than 300 feet from the centerline of any adjacent street; and not less than 150 feet from any other private property line or district boundary. 2. Burial structures not more than 8 feet in height: No setback requirements. 3. Burial structures adjacent to a street and more than 8 feet in height: Not less than 120 feet from the centerline of the adjacent street. 4. Burial structures not adjacent to a street and more than 10 feet in height: Not less than 100 feet from the property line; however, a cemetery owner may request that the setback requirement contained in this subparagraph 4 be reduced to not less than 35 feet to permit burial structures not more than 10 feet in height subject to the review and approval of a special use to designate the area as a "special cemetery development area ". 5. Memorial structures: No setback requirements. 6. Cemetery accessory structures: Shall comply with the setback regulations of the residence district adjacent to the property on which the cemetery accessory structure exists. If more than one type of residence district is adjacent to the property on which the cemetery accessory structure exists, the height and bulk regulations of the residence district with the greatest amount of frontage along the cemetery property shall apply. 13 -16 -5: Notification Requirements. A cemetery owner shall provide advance written notice to the village prior to the commencement of construction or the placement of any burial structure regardless of whether a building or other permit is required. If a permit is required pursuant to section 13 -16-6 of this chapter, the application for such permit shall constitute the advance written notice required by this section. 13 -16 -6: Permit Requirements. All cemetery structures, with the exception of (i) memorial structures and (ii) burial structures not more than 8 feet in height, shall require the issuance of a building permit from the village pursuant to the provisions of title 10 of this code. Memorial structures Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 6 of 7 and burial structures not more than 8 feet in height are not subject to the issuance of a building permit from the village. 13 -16 -7: SCREENING: A. Notwithstanding any other provisions contained in this title, permanent landscape screening shall be installed and maintained along the perimeter of any new cemetery or the expansion of any cemetery existing as of January 22, 2013, provided, however, any two cemeteries that are contiguous and existing as of January 22, 2013 may be incorporated into one cemetery without requiring permanent landscape screening to be installed and maintained along the perimeter of the cemetery. The landscape screening shall be no shorter than 8 feet. This landscape screening may consist of a planted earth berm, densely planted shrubs or trees, or a combination thereof. The landscape screening shall be located and constructed in a manner that does not interfere or conflict with the use of any utility easement or utility installation that is existing or planned to be installed. B. Notwithstanding any other provisions contained in this title, permanent landscape screening shall be installed and maintained along the perimeter of any new burial structure not more than 8 feet in height or new cemetery accessory structure, that is located within the setback requirements provided in sections 13- 16-4A2 and 13- 16-463 of this chapter. The landscape screening shall only be required on the sides of the burial structure or cemetery accessory structure that are visible from the property adjacent to the cemetery with the non - cemetery use. The landscape screening shall be no shorter than the lesser of (i) 8 feet or (ii) the height of the structure. This landscape screening may consist of a planted earth berm, densely planted shrubs or trees, or a combination thereof. The landscape screening shall be located and constructed in a manner that does not interfere or conflict with the use of any utility easement or utility installation that is existing or planned to be installed. The landscape screening requirements contained in this subsection 13 -6 -713 shall not apply to any cemetery accessory structure located in a cemetery zoned in the institutional district and located east of Madison Street." Section 7: Repealer. Section 13 -9 -2, entitled "Permitted Uses" of Chapter 9, entitled "Institutional District," of the Zoning Ordinance shall be, and is hereby repealed in its entirety and reserved. Section 8: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 9: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. APPROVED THIS 22nd day of January, 2013. T Gopal G. Lalmalani Village President Ordinance 2013- ZO -TA -G -989 Amending the Zoning Ordinance to Prospectively Regulate Cemeteries and Cemetery Structures Page 7 of 7 PASSED THIS 22nd day of January, 2013. Ayes: Trustees Aktipis, Manzo, May, Wolin, Yusuf and Zannis Nays: None ATTEST: Charlotte K. Pruss Village Clerk