G-903 - 11/10/2009 - ZONING - OrdinancesORDINANCE 2009- ZO -TA -G -903
AN ORDINANCE ESTABLISHING THE R -5 RESIDENTIAL DISTRICT
TO PROVIDE FOR ASSISTED LIVING, TOWN HOME AND
MULTIPLE FAMILY RESIDENTIAL DEVELOPMENTS AND AMENDING THE
ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
WHEREAS, the Village President and Board of Trustees requested the Plan Commission and the
Zoning Board of Appeals to consider an amendment to the Zoning Ordinance in order to provide for
senior housing, town home and multiple family residential developments, and
WHEREAS, at its meeting on August 17, 2009, the Plan Commission completed its review of the
proposed text amendment, and
WHEREAS, the Plan Commission recommended approval of the proposed text amendment, and
WHEREAS, at its meeting on October 6, 2009 the Zoning Board of Appeals conducted the
required public hearing with respect to the proposed text amendment, and
WHEREAS, the Zoning Board of Appeals recommended approval of the proposed text
amendment, 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 text amendment, as set forth below, to
be in the best interests 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 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 Section 13 -2 -2 of the Zoning Ordinance is amended by adding the following definitions
in the appropriate alphabetical sequence
• Duplex — A structure containing two dwelling units, each of which has separate and direct access
to the outside
• Townhome — A one - family dwelling unit, with a private entrance, which is part of a structure which
contains three or more dwelling units which are attached horizontally
• Condominium — A multiple dwelling or development containing individually owned dwelling units
and jointly owned and shared common areas and facilities These dwelling units may be
attached horizontally or vertically
• Senior Housing — A multiple - family structure containing dwelling units controlled by a public body,
non - profit corporation for persons 55 years or older Types of projects that fall under this
definition include independent living, assisted living, congregate care and residential care
facilities
Ordinance 2009- ZO -TA -G -903
Zoning Ordinance Section 13 -6E
R -5 Residence District
Page 2 of 5
Section 3 Section 13 -7A -2 of the Zoning Ordinance is amended by deleting the following
"nursing homes on lots not less than three hundred feet (300') in width and not less than two (2) acres in
area" and replacing with the following "Senior Housing and nursing homes on lots not less than three
hundred feet (300') in width and not less than two (2) acres in area"
Section 4 Section 13 -7C -2 of the Zoning Ordinance amended by adding the following in the
appropriate alphabetical sequence "Senior Housing"
Section 5 Section 13 -9 -3 of the Zoning Ordinance is amended by deleting the following
"Institutions for the aged, including rest homes, nursing homes, housing for the elderly when located on
lots of not less than twenty five (25) acres in area" and replacing with the following "Senior Housing
when located on lots of not less than twenty five (25) acres in area"
Section 6 Chapter 6 of the Zoning Ordinance is amended by adding the following
ARTICLE E. R5 RESIDENCE DISTRICT
13 -6E -1: PERMITTED USES:
Duplexes
Home occupations
Nameplates and signs
Parks and playgrounds
Public schools, parochial school, nonboarding elementary, junior high and high, on lots
not less than eight (8) acres in area for an elementary school and not less than twenty
five (25) acres in area for a high school
Accessory uses and structures including those uses and structures customarily
accessory to residential dwellings
13 -6E -2: SPECIAL USES
Residential townhomes and condominiums
Senior Housing including nursing homes, independent living, assisted living and
congregate care facilities
Churches, chapels, temples and synagogues On lots not less than three hundred
feet (300') in width and not less than two (2) acres in area and one additional acre for
each two hundred forty (240) seats in the sanctuary over two hundred forty (240) seats
Where churches and parochial schools are on the same land, not less than eight (8)
acres in area
Cultural and recreational facilities Outdoor and indoor cultural and recreational facilities
including, but not limited to, swimming pools, tennis courts, meeting facilities and other
similar facilities accessory to and owned in common by the owners of properties within a
residential development
Ordinance 2009- ZO -TA -G -903
Zoning Ordinance Section 13 -6E
R -5 Residence District
Page 3 of 5
Public utility, transportation, and government facilities Public utility, transportation, and
governmental service facilities, including municipal offices and civic centers, public
libraries, police and fire stations, public works facilities, conference of municipal
governments and ancillary uses (including organizations which provide consultation
solely to units of local government), and similar Uses
Recreational and cultural uses
13 -6E -3: LOT AREA REQUIREMENTS:
A District Area Not less than four (4) acres
B Density
1 Duplexes - Gross density shall not exceed six (6) dwelling units per acre
2 Residential Townhomes and Condominiums - Gross density shall not exceed
eight (8) dwelling units per acre Additional density bonuses shall be
permitted for the inclusion of the following site amenities
a Underground parking (for all required parking spaces) - four (4) units per
acre
b Open space in excess of 30 percent of the project area - two (2) units
per acre
3 Senior Housing including nursing homes, independent living, assisted living
and congregate care facilities - fifteen (15) units per acre
a Underground parking (for all required parking spaces) - four (4) units per
acre
b Open space in excess of 30 percent of the project area - two (2) units
per acre
C Floor Area Ratio Not to exceed 0 5 for nonresidential uses
D Structure Height
1 Duplexes 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 All other uses fifty (50) feet
Ordinance 2009- ZO -TA -G -903
Zoning Ordinance Section 13 -6E
R -5 Residence District
Page 4 of 5
E Yards
1 Front Not less than forty feet (40') in depth, except front yards abutting York
Road and 22nd Street shall have a depth of not less than one hundred feet
(100')
2 Side Not less than twenty feet (20') in depth except
a A side yard abutting a street shall be not less than forty feet (40') in
depth,
b To accommodate a side load garage, the minimum side yard setback (on
1 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 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')
3 Rear Not less than forty feet (40') in depth
13 -6E -4: ADDITIONAL REGULATIONS:
A Off Street Parking and Loading Off street parking and loading shall be as
provided in chapter 12 of this title with the following exceptions
1 Off - street parking for Senior Housing including nursing homes, independent
living, assisted living and congregate care facilities shall be at a ratio not less
than one (1) parking space per dwelling unit This parking ratio may be
decreased upon the submittal of detailed parking study and review /approval
by the Village Engineer
Section 7 If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance
Section 8 All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict
Section 9 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
APPROVED THIS 1 0'h day of November, 2009
Ordinance 2009- ZO -TA -G -903
Zoning Ordinance Section 13 -6E
R -5 Residence District
Page 5 of 5
PASSED THIS 10th day of November, 2009
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Charlotte K Pruss
Village Clerk