G-758 - 08/24/2004 - TEXT AMENDMENT - Ordinances- � f
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ORDINANCE 2004- ZO -TA -G -758
PAMPHLET
FRONT OF PAMPHLET
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTERS
10, 11 AND 12 (ZONING REGULATIONS) OF THE VILLAGE
CODE CONCERNING RESTAURANTS IN THE ORA -2 ZONING DISTRICT
PUBLISHED IN PAMPHLET FORM THIS 30th DAY OF August , 2004, BY ORDER OF THE
CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES,
ILLINOIS ._
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Linda K Gonnella,'CMC
Village Clerk
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ORDINANCE 2004- ZO -TA -G -758
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTERS
10, 11 AND 12 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE
CODE CONCERNING RESTAURANTS IN THE ORA -2 ZONING DISTRICT
WHEREAS, McDonald's Corporation has filed an application requesting text amendments to
Chapters 10, 11 and 12 of Title 13 of the Village Code of the Village of Oak Brook to revise the allowable
special uses for restaurant properties in the ORA -2 Zoning District, to include drive -in establishments for
free standing restaurants, outdoor dining areas adjacent to restaurants, signage requirements for free
standing restaurants, yards to be occupied by drives, sidewalks, parking and landscaping, and amending
the requirement for parking for restaurants, where it can be located, and its status as an accessory use,
and
WHEREAS, the Plan Commission reviewed the request for text amendments as detailed in the
"Text Amendments Booklet" submitted by the Petitioner and recommended approval, and
WHEREAS, the Zoning Board of Appeals conducted a public hearing on the request for a text
amendments, pursuant to due and appropriate legal notice, and recommended approval, and
WHEREAS, in recommending the proposed text amendments the Zoning Board of Appeals and
the Plan Commission found that the petitioner satisfactorily addressed the factors required for approval of
text amendments to the Zoning Regulations and found that the proposed amendments are both
reasonable and consistent with the goals of the ORA -2 Zoning District, and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and Zoning Board of Appeals and deem the requested text amendments as set
forth below to be in the best interest of the Village
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The recitals above are hereby incorporated into and made a part of this ordinance
Section 2 Certain sections and subsections of Chapters 10, 11 and 12 of Title 13 (Zoning
Regulations) of the Village Code are hereby amended as follows
1) Section 13 -10 -2, "USES AND ENCLOSED" is amended by adding the words "outdoor
dining areas adjacent to restaurants" between the words "off street loading" and "and
open sales lots"
2) Section 13- 1013-1, "PERMITTED USES" is hereby amended by including the words "off -
street parking" to be inserted between the words "delivery trucks" and "central heating
and air conditioning plants" therein
3) Section 13- 1013-2, "SPECIAL USES" is hereby amended by adding the words "drive -in
establishments for free standing restaurants" and "outdoor dining areas adjacent to
restaurants" to the list of special uses therein; and
4) Section 13- 10B -3, "LOT AREA REQUIREMENTS" is hereby amended as follows
Ordinance 2004- ZO -TA -G -758
Amending Chaps 10,11,12 of Title 13
Page 2 of 3
a by adding therein at the end of paragraph C -1 at the end of the sentence the
words "provided that required front yards may be occupied by drives
sidewalks, landscaping and similar facilitiesn ", and
b by adding therein at the end of paragraph C -2 at the end of the sentence the
words "provided that required side yards may be occupied by drives, vehicular
parking, sidewalks, landscaping, and similar facilities provided that paved
parking areas shall not be located closer than forty (40) feet to any lot in a
residence district"
c by adding therein at the end of paragraph C -3 at the end of the sentence the
words "provided that required rear yards may be occupied by drives, vehicular
parking, sidewalks, landscaping and similar facilities provided that paved
parking areas shall not be located closer than forty (40) feet to any lot in a
residence district "
5 Section 13- 11- 11 -A -2 "AWNINGS, MARQUEES AND SIGNS" is hereby amended by
amending paragraph 2 therein by inserting the words "provided that the maximum
gross surface area in square feet of all non-directory signs for each restaurant on a
lot located in an ORA -2 Zoning District shall not exceed four hundred (400) square
feet subject to the condition that wall signs shall not exceed one hundred ten (110)
square feet, ground signs shall not exceed one hundred forty (140) square feet and
signs accessory to a drive- through establishment for restaurants approved as a
special use shall not exceed one hundred fifty (150) square feet" which words shall
be inserted at the end of the sentence ending in the words "one hundred (100)
square feet."
6 Section 13- 11- 11 -A -3 "AWNINGS, MARQUEES AND SIGNS" shall be amended by
amending paragraph 3 thereof by adding after the word "individually" and at the end
of that sentence the words "provided however that the sign area of permanent
ground signs for each free standing restaurant building in ORA -2 districts (but in any
event not to exceed one hundred forty (140) square feet of such ground sign area)
shall not be deducted from the gross surface area of signs allowed in Section 13-11 -
11-A-2 of this Chapter either collectively or individually" thereto
7 Section 13- 12 -3 -B "OFF STREET PARKING REGULATIONS" is amended by
deleting the words "three hundred feet (300`)" and inserting the words "five hundred
fifty feet (550`)" therein
8 Section 13 -12 -5 "OFF STREET PARKING SPACES REQUIRED" is amended by
inserting the requirement that "restaurants with a drive- through in an ORA -2 Zoning
District located within 1,000 feet of office buildings containing a minimum aggregate
of 250,000 square feet at the time of initial restaurant construction" shall be required
to construct "one parking space for every 100 (100) square feet of floor area" and by
placing that requirement under the subheading of "Business, Commercial and
Industrial Use" therein
Section 4 This ordinance shall be full in full force and effect from and after its passage,
approval and publication as required by law
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Ordinance 2004- ZO -TA -G -758
Amending Chaps 10,11,12 of Title 13
Page 3 of 3
Section 5 All ordinances or parts thereof in conflict with the provisions of this ordinance be and
the same are hereby repealed to the extent of such conflict
APPROVED THIS 24th day of August, 2004
1
Kevin uinlan
Vill e President
PASSED THIS 24th day of August, 2004
Ayes Trustees Akti_pis, Caleel, Craig, Korin. Yusuf and Zannis
Nays NnnP
Absent None
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ATTEST
Linda K Gonnella, CMC
Village Clerk
ORDINANCE 2004- ZO -TA -G -758
PAMPHLET
BACK OF PAMPHLET
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTERS
10, 11 AND 12 (ZONING REGULATIONS) OF THE VILLAGE
CODE CONCERNING RESTAURANTS IN THE ORA -2 ZONING DISTRICT
PUBLISHED IN PAMPHLET FORM BY ORDER OF THE CORPORATE AUTHORITIES OF THE
VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS