G-518 - 08/10/1993 - ZONING - Ordinances ORDINANCE 93-ZO-G-518
AN ORDINANCE AMENDING SECTIONS V(B) AND XIV(B)
OF ORDINANCE G-60, THE ZONING ORDINANCE
OF THE VILLAGE OF OAK BROOK, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS that:
Section 1: Amendments to the Zoning Ordinance of the Village of Oak
Brook have been proposed by the Plan Commission to clarify and amend certain
provisions of the aforesaid Zoning Ordinance; and
Section 2: The Zoning Board of Appeals of the Village of Oak Brook has
held a public hearing, pursuant to statutory notice, on the proposed
amendments and has recommended approval of said amendments by the President
and Board of Trustees.
Section 3: The findings and affirmative recommendation of the Zoning
Board of Appeals and the report of the Plan Commission concerning said
amendments have been received by the President and Board of Trustees.
Section 4: Section V(B) of Ordinance G-60 is hereby amended to read as
follows:
"(B) Control Over Bulk.
(1) New structures shall conform with the bulk regulations established
by this ordinance for the district in which each such structure is
located except as provided for in this section. Existing
structures shall not be enlarged, reconstructed, structurally
altered, converted, or relocated in such a manner as to conflict
with the bulk regulations of this ordinance for the district in
which such structures are located except as provided for in this
section.
(2) The provisions of this section shall apply to vacant lots and lots
with existing dwellings in residential zoning districts.
(3) Existing residential zoning district lots of record at the
effective date of this ordinance or upon annexation shall have
interior side yard of 10% of the lot width or the side yard
requirements of the underlying zoning district whichever is the
lesser.
Required interior side yards shall be not less than 10 feet in
depth - except a side yard may be not less than 8 feet provided
the adjoining lot contains a dwelling with an attached garage or
carport adjacent to such side yard;
Ordinance 93-ZO-G-518
Amending Sections V and XIV
Control Over Bulk and Lot of
Record, Respectively
Page 2
Where, due to existing building eaves, such lots have a legally
established side yard(s) less than 10% of lot width; second floor
additions,in-line additions to the front or rear, and repair of
the structures, continuing such eave set backs are permitted.
(4) A lot in a residence district at the effective date of this
ordinance which is not a lot of record but which is able to meet
the requirements of this ordinance as to lot area, width, and
depth may be used for a single-family detached dwelling, provided
it shall meet all the other requirements of this ordinance with
the following additional requirements:
(a) A plat of subdivision or an assessment plat will be recorded
prior to the issuance of a building permit. The Subdivision
Regulations set forth the requirements pertaining to such
plats.
(5) A lot in a residence district at the effective date of this
ordinance which is not a lot of record and which is unable to meet
the requirements of this ordinance as to area or width may be used
for a single-family detached dwelling, provided it shall meet all
the other requirements of this ordinance with the following
additional requirements:
(a) The applicant shall furnish, with the application for a
building permit, a survey by a duly licensed land surveyor,
showing the lot upon which the applicant proposed to erect a
single-family detached dwelling and also showing the lots on
either side of the said lot with all improvements thereon
and widths of the adjoining side yards and any projections
of structures therein duly plotted on said survey.
(b) The applicant shall furnish an affidavit on the following
form by the owner of record of the lot described in the
application for a building permit.
Ordinance 93-ZO-G-518
Amending Sections V and XIV
Control Over Bulk and Lot of
Record, Respectively
Page 3
STATE OF ILLINOIS )
SS:
COUNTY OF )
LOT OWNERSHIP AFFIDAVIT
Dated
At
TO: Building Inspector
Village of Oak Brook
depose(s) , and state(s) as follows:
1. That the title holder of record of the premises commonly known as
Oak Brook, Illinois, and
legally described as follows: (Insert Legal Description)
is
(Name of Title Holder)
having acquired title on 199_ and have
held title continuously since said date.
2. (To be answered only if title holder of record is a corporation or a
trust. ) (Strike out portions that are not applicable. )
Corporation:
That your affiant is the (President, Vice-President, Secretary,
Treasurer) of the title holder of record and has full knowledge of the
facts set forth in this affidavit and is authorized to make this
affidavit.
Trust:
That your affiant holds a beneficial interest in and to the aforesaid
trust, has full knowledge of the facts herein set forth and has full
authority to make this affidavit.
3. That an application has been or will be filed for a building permit to
erect a building or structure upon the land above legally described.
Ordinance 93-ZO-G-518
Amending Sections V and XIV
Control Over Bulk and Lot of
Record, Respectively
Page 4
4. That neither the applicant nor any of his predecessors in title have
owned any right, title or interest, directly or indirectly, or by any
person, firm, corporation or trust, or by any officer, shareholder,
director, partner, beneficiary, agent or immediate relative thereof who
also holds any right, title or interest directly or indirectly, in or to
either one or both of the contiguous lot(s) within a period of ten years
prior to the date of the application for a building permit or
Certificate for Buildable Site as to Zoning, except:
5. That the following are the facts existing as to the lots adjoining and
contiguous on either side of the land as described in Paragraph 1:
a. That neither adjoining and contiguous lot is vacant and
unimproved, except:
or
b. That neither adjoining and contiguous lot has land in addition to
its required side yards and required lot area under the Oak Brook
Zoning Ordinance that could be added to the aforedescribed lot,
thereby adding to the amount of land available for the subject
lot, except:
and said additional land could not be acquired because:
6. That this affidavit is given to induce the Village of Oak Brook to issue
a (building permit or Certificate of Buildable Site as to Zoning) for
the above described premises.
7. Further your affiant sayeth not, except:
SUBSCRIBED AND SWORN
to before me this
day of 199
Notary Public
Ordinance 93-ZO-G-518
Amending Sections V and XIV
Control Over Bulk and Lot of
Record, Respectively
Page 5
(c) The Building Inspector shall issue a permit for erecting a single-
family detached dwelling on the subject lot upon compliance with
all of the foregoing provisions and all other applicable
provisions of this ordinance, with each required interior side
yard reduced to not less than ten percent of the width of the lot,
or the side yard requirement of the underlying zoning district,
whichever is the lesser, if all of the below enumerated
requirements are met:
1. The subject lot:
a. is not adjoining and contiguous to a
vacant lot on either side held under
common ownership at any time after
the year 1966; or
b. is not contiguous to an improved lot
of record which has one foot or more
• of an adjoining side yard in excess
of the minimum required side yard
for the district in which the
building or structure is located,
which additional side yard land
could physically be added to the
applicant's lot to increase its
width or area or that the owners' of
the adjoining lots refuse to sell
any portion of land that could be
added to the applicant's lot to
increase the width thereof without
reducing the required side yards of
the adjoining lots and which
additional land the applicant would
be willing to purchase; and
C. is not owned and has not been owned
directly or indirectly or by a
nominee of any person, firm,
corporation or trust, or by an
officer, shareholder, director,
partner, beneficiary, agent, or
person related by blood or marriage
or by any predecessors in title who
also held or holds any right, title,
or interest in or to either one or
both of the contiguous lots after
the year 1966 to the date of
application for a building permit.
Ordinance 93-ZO-G-518
Amending Sections V and XIV
Control Over Bulk and Lot of
Record, Respectively
Page 6
2. An interior side yard shall not be less
than ten feet in depth except a side yard
may be not less than eight feet providing
the adjoining lot contains a dwelling with
an attached garage or carport adjacent to
such side yard.
3. The contiguous lots are not owned and have
not been owned directly or indirectly or
by a nominee of any person, firm,
corporation, or trust, or by any officer,
shareholder, director, partner,
beneficiary, agent, or person related by
blood or marriage or by person related by
blood or marriage or by any predecessors
in title, who also held or hold any right,
title or interest, directly or indirectly,
in the applicant's lot after the year 1966
• to the date of the application for a
building permit.
4. The subject lot was not used as part of a
single or common homesite by or with the
consent of the same interests which owned
or controlled an adjoining lot after the
year 1966 to the date of application for a
building permit.
5. In the event that an assessment plat has
not been recorded, one will be required
prior to the issuance of the building
permit.
(d) In the event that the owner is unable to meet
all of the aforesaid additional requirements for
a building permit, or for a lot which cannot
meet the minimum lot width and lot area of a lot
of record, or in the event that the owner either
desires to sell or to buy from the owners of a
contiguous lot or lots who also desire to either
sell or buy, but the parties are unable to agree
on a price, then the Zoning Board of Appeals may
recommend, and the President and Board of
Trustees may grant such relief in accordance
with the procedures as set forth in this
ordinance as deemed appropriate. (Ord No. G-173
53, 5-27-75)
Ordinance 93-ZO-G-518
Amending Sections V and XIV
Control Over Bulk and Lot of
Record, Respectively
Page 7
(e) In no case, shall a contiguous lot from which
property is being acquired be made non-
conforming or more non-conforming without the
necessary approvals in accordance with the
procedures as set forth in this ordinance.
Plats of resubdivision or revised assessment
plats shall be required for such properties."
Section 5: Section XIV(B) (86) of Ordinance G-60 is hereby amended to
read as follows:
"(B) Definitions
(86) Lot of Record -- a single lot which is part of a
subdivision, the plat of which has been recorded
in the office of the Recorder of Deeds of DuPage
County, Illinois, which (1) has a minimum lot
area equal to or greater than 10,000 square feet
and a minimum lot width equal to or greater than
60 feet; or any lot legally created prior to
November 9, 1971, which (1) has a minimum lot
area equal to or greater than 10,000 square feet
and a minimum width equal to or greater than 60
feet (2) for which an assessment plat has been
filed with the recorder of deeds of DuPage
County, Illinois pursuant to the provisions of
paragraph 516 of Chapter 120 of the Illinois
Revised Statutes. (Ord. No. G-258, §2, 12-11-
79)
Section 6: All ordinances, rules and regulations of the Village of Oak
Brook which are in conflict with the provisions of this ordinance are hereby
repealed solely to the extent of the conflict.
Section 7: 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.
Section 8: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 9: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 10th day of August, 1993.
Ordinance 93-ZO-G-518
Amending Sections V and XIV
Control Over Bulk and Lot of
Record, Respectively
Page 8
Ayes: Trustees McInerney, Payovich, Shumate and Skinner
Nays: None
Absent: Trustees Bartecki and Kenny
Abstain: None
APPROVED THIS 10th day of August, 1993.
lage President
ATTEST:
c��/G6- h .
Villago Clerk
Appr ved as to Form:
Village Attorney
Published 8-11-93 Pamphlet form
Date Paper
Not Published
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