G-730 - 09/23/2003 - ZONING - Ordinances•F
ORDINANCE 2003- ZO -TA -G- 730
AN ORDINANCE AMENDING TITLE 13 (ZONING REGULATIONS) OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK
(STRUCTURE HEIGHTS AND YARDS IN RESIDENTIAL DISTRICTS)
WHEREAS, an application has been filed requesting certain amendments to Title
13 of the village Code of the Village of Oak Brook with respect to structure heights and
side yards in residential districts;
WHEREAS, the Plan Commission has reviewed the request and has unanimously
recommended the approval of the zoning text amendments;
WHEREAS, on July 1, 2003, the Zoning Board of Appeals conducted a public
hearing on the request pursuant to due and appropriate legal notice, and has
recommended approval of the zoning text amendments; 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 amendment 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: That Section 13 -3 -8 of the Village Code be and is hereby deleted
in its entirety and replaced as follows:
STRUCTURE HEIGHT:
A. No structure shall be erected, converted, expanded, reconstructed or
structurally altered to exceed the height limit established for the district in which
the structure is located; except that mechanical rooms, penthouses or roof
structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the structure, skylights, towers,
steeples, flagpoles, chimneys, radio and television aerials, wireless masts, electric
and telephone service poles, water tanks, elevators or other appurtenances may be
erected above the height limits prescribed in this title, but by no more than fifteen t
feet (15') above those height limits of the district in which it is located.
However, an elevator housing enclosure for the purpose of providing a single
elevator access to the penthouse level not to exceed three hundred twenty -five
(325) square feet in area may be erected to heights which do not exceed by more
than twenty -two feet (22') the height limits of the district in which it is located.
B. The height of single- family homes will be measured to the peak of the roof using
one of the following methods:
1. in engineered subdivisions as determined by the Village Engineer the
height will be measured using the recommended top of foundation
elevation that is part of the approved grading plan;
2. in all other situations, the Village Engineer shall determine an elevation,
from which the height will be measured, based on the existing grades and
grades of adjacent properties;
3. for lots improved with an existing single - family home, the existing top of
foundation elevation can be maintained and will be used as the base to
measure the height of the structure.
C. The height limit, as it pertains to all other structures, shall not exceed the height
limit above natural ground level established for the district in which the structure
is located.
Section 2: That Section 13- 6A -3 -D of the Village Code be and is hereby
deleted and replaced as follows:
R -1 District
D. Structure Height:
1. Residential Uses: Not more than fifty feet (50'), except for continuous flat
roofs, which shall be not more than thirty -five feet (35') to the top of any
parapet wall. However, where residential building heights exceed thirty
feet (30'), the highest space that can be occupied must have an emergency
escape and rescue opening at a maximum elevation of thirty -two feet (32')
above grade.
2. Nonresidential Uses: Not more than forty -five feet (45').
Section 3: That Section 13- 6B -3 -D of the Village Code be and is hereby
deleted and replaced as follows:
R -2 District
D. Structure Height:
1. Residential Uses: Not more than forty -five feet (45') for lots one acre
or larger and forty feet (40') for lots less than one acre, except for
continuous flat roofs, which shall be not more than thirty -five feet (35') to
the top of any parapet wall. However, where residential building heights
exceed thirty feet (30'), the highest space that can be occupied must have
an emergency escape and rescue opening at a maximum elevation of
thirty -two feet (32') above grade.
2. Institutional And Other Nonresidential Uses: Not more than forty -five feet
(45').
Section 4: That Section 13- 6B -3 -F (2) of the Village Code be and is hereby
deleted and replaced as follows:
2. Side: Not less than eighteen feet (18') in depth except :
a) a side yard abutting a street shall not be less than forty feet (40') in
depth;
b) to accommodate a side load garage, the minimum side yard setback
(on one side yard) must be at least twenty -three feet (23'); the width of
the pavement opposite of the garage door must be a minimum of
twenty -three feet (23');
c) for nonresidential uses each side yard abutting a street shall be not less
than fifty feet (50') in depth and each interior side yard shall be not
less than thirty feet (30'0 in depth and increased by not less than two
feet (2') for each one foot (1') of structure height over thirty feet (30');
Section 5: That Section 13- 6C -3 -D of the Village Code be and is hereby
deleted and replaced as follows:
R -3 District
E. Structure Height:
1. Residential Uses: Not more than forty feet (40') except for continuous
flat roofs, which shall be not more than thirty feet (30') to the top of any
parapet wall. However, where residential building heights exceed thirty
feet (30'), the highest space that can be occupied must have an emergency
escape and rescue opening at a maximum elevation of thirty -two feet (32')
above grade.
2. Institutional And Other Nonresidential Uses: Not more than forty -five
feet (45').
Section 6: That Section 13- 6C -3 -F (2) of the Village Code be and is hereby
deleted and replaced as follows:
2. Side: Not less than twelve feet (12') in depth except :
a) a side yard abutting a street shall not be less than forty feet (40') in
depth;
b) to accommodate a side load garage, the minimum side yard setback
(on one side yard) must be at least twenty -three feet (23'); the width of
the pavement opposite of the garage door must be a minimum of
twenty -three feet (23'),
c) for nonresidential uses each side yard abutting a street shall be not less
than fifty feet (50') in depth and each interior side yard shall be not
less than thirty feet (30') in depth and increased by not less than two
feet (2') for each one foot (1') of structure height over thirty feet (30');
d) side yards abutting York Road and Cermak Road shall have a depth of
not less than one hundred feet (100').
Section 7: That Section 13- 6D -3 -D of the Village Code be and is hereby
deleted and replaced as follows:
R -4 District
D. Structure Height:
1. Residential Uses: Not more than thirty -five feet (35') except for
continuous flat roofs, which shall be not more than thirty feet (30) to the
top of any parapet wall. However, where residential building heights
exceed thirty feet (30'), the highest space that can be occupied must have
an emergency escape and rescue opening at a maximum elevation of
thirty -two feet (32') above grade.
2. Institutional And Other Nonresidential Uses: Not more than forty -five
feet (45').
Section 8: That Section 13- 6D -3 -F (2) of the Village Code be and is hereby
deleted and replaced as follows:
2. Side: Not less than ten feet (10') in depth except :
a) a side yard may be reduced to not less than eight feet (8') provided the
adjoining lot contains a dwelling with an attached garage or carport
adjacent to such side yard unless a side load garage is present;
b) a side yard abutting a street shall not be less than thirty feet (30') in
depth;
c) to accommodate a side load garage, the minimum side yard setback
(on one side yard) must be at least twenty -three feet (23'); the width of
the pavement opposite of the garage door must be a minimum of
twenty -three feet (23');
d) for nonresidential uses each side yard abutting a street shall be not less
than thirty feet (30') in depth and each interior side yard shall be not
less than thirty feet (30') in depth and increased by not less than two
feet (2') for each one foot (1') of structure height over thirty feet (30').
Section 9: All ordinances or parts of ordinances in conflict with this
ordinance are hereby amended to the extent of the conflict.
Section 10: This Ordinance shall be in full force and effect after passage and
publication according to law.
Approved this 23rd day of September, 2003.
Passed this 23rd day of September, 2003.
Ayes: Trustees Aktipis, Caleel, Craig, Miologos and Yusuf
Nays:
None
Absent: Trustee Korin _
Abstain: None
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ATTEST:
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Village Clerk '
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