G-1112 - 09/26/2017 - ZONING - Ordinances ORDINANCE 2017-ZO-TA-G-1112
AN ORDINANCE APPROVING A TEXT AMENDMENT TO CHAPTER 7
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ILLINOIS
REGARDING THE PERMITTED AND SPECIAL USES IN THE B-2 DISTRICT
WHEREAS, the Village of Oak Brook, Illinois ("Village') is a body politic and corporate,
organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.;and
WHEREAS, Oakbrook Shopping Center, LLC, the owner of Oakbrook Center ("Petitioner"), has
submitted a petition seeking approval of a text amendment to Chapter 7 of the Zoning Ordinance of the
Village of Oak Brook, Illinois ("Zoning Ordinance");and
WHEREAS, the Petitioner seeks to amend Sections 13-713-1 and 13-7B-2 of the Zoning
Ordinance to add additional permitted and special uses to the B-2 Regional Shopping Center District
("Text Amendment'), and
WHEREAS, on July 17, 2017, the Plan Commission reviewed the requested Text Amendment
and found that the Petitioner had satisfied the standards required for approval of a text amendment, and
recommended that the President and Board of Trustees approve the Text Amendment, subject to certain
changes; and
WHEREAS, on August 1, 2017, and August 29, 2017, the Oak Brook Zoning Board of Appeals
conducted a public hearing on the requested Text Amendment, pursuant to due and appropriate legal
notice; and
WHEREAS, after the close of the public hearing, the Zoning Board of Appeals found that the
Petitioner had satisfied the standards required for approval of the requested Text Amendment, subject to
certain changes; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and the Zoning Board of Appeals, and have determined that it is in the best
interests of the Village and its residents to grant the requested Text Amendment 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 13-713-1 of the Zoning Ordinance. Section 13-713-1 of the
Zoning Ordinance, entitled "Permitted Uses," shall be amended as follows (additions underlined and
deletions noted by str;l, gh):
13-7113-1: PERMITTED USES:
Accessory uses and structures, including but not limited to storage and service areas
within the structures, garages for delivery trucks, central heating and air conditioning
plants, and storage areas, yards, shops and similar facilities that are used solely for
operating, servicing or maintaining the activities and improvements within the District.
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Ordinance 2017-ZO-TA-G-1112
Section 13-713-1 and Section 13-76-2 of the Zoning
B2 District-Amend Permitted and Special Uses
Page 2 of 6
Art galleries.
Automobile service stations and automobile sales, including show rooms, electric
powering stations, fulfillment centers.
Banks and other financial institutions.
Barbershops, atad beauty parlors, and other aesthetic and personal wellness services,
including but not limited to salons and spas.
Bus depots,arad cab stands, and pick-up/drop-off areas for ride-sharing services.
Candy, ice cream and bakery shops OF ShOPS selling similar Gommedities, and other
shops selling food products, includinq but not limited to grocery stores, specialty food
stores, butchers, delicatessens, health food stores, with or without accessory catering
services, where the commodities may be produced on the premises; but all such
production shall be either sold at retail on the premises or sold in stores owned and
operated by the producing company.
Drugstores, pharmacies, and stores selling medical devices and homeopathic or herbal
remedies (but not including medical cannabis dispensaries).
Electronic data storage.
Furniture stores, including upholstery when conducted as part of the retail operation and
secondary to the principal use.
Gas regulator stations.
Hospitals, having not more than ten (10) beds and first-aid stations for the treatment of
emergency cases, and outpatient medical and aesthetic service facilities and uses,
includinq but not limited to medical and dental offices and clinics, rehabilitative exercise
and training centers, cosmetic surgery services, physical therapy, massage, and
chiropractic services.
Hotels.
Hybrid Uses. While commercial occupants in the B2 District may operate a single
principal use with one or more accessory uses, other commercial occupants may have
business operations that are or become a hybrid of multiple principal uses of significant
and possibly equal importance. The following are provided by way of example and not
limitation:
(a) Restaurants, cocktail lounges and tearooms, coffee houses, banquet
facilities, micro-wineries, micro-breweries, micro-distilleries and other
businesses offering the sale of food and beverage may be combined with
retail, catering, event planning, musical performances and karaoke,
dance floors, bowling, bocce, pool and billiards, ping ponq and similar
table games, arcade games, and other forms of service, entertainment
and recreation.
(b) Retail stores and shops, including department stores, may operate and
Ordinance 2017-ZO-TA-G-1112
Section 13-76-1 and Section 13-76-2 of the Zoning
B2 District-Amend Permitted and Special Uses
Page 3 of 6
offer related and complementary on-site uses and services (including but
not limited to repair services, internet purchase fulfillment services,
restaurant and food service, classes, indoor special events and
entertainment) and off-site services (including but not limited to event
planning, catering and interior design).
(c) Gyms, health clubs and other physical wellness facilities may be paired
with restaurant and retail uses and offer nutritional and health classes,
personal training and counseling, aesthetic services, and chiropractic,
physical therapy, massage, medical services, including blood draws.
Interior decorating shops.
Job printing shops.
Laundries, dyeing and cleaning establishments, operated as an accessory use to some
other use or uses permitted by this Section, provided permits for the use of combustible
and flammable materials, if to be used, are obtained from the Board of Trustees.
Laundries, self-service, and shops for the collection and distribution of laundry and dry
cleaning articles.
Messenger and telephone service stations.
Offices.
Pet shops, _grooming services, and veterinary clinics.
Photographer, artist or similar studios.
Post offices.
Printing plants, newspaper, magazine and similar publications.
Public and private garages, iRG161ding new and used n-ar sales reems, pFevided that no
Radio and television broadcasting stations.
Restaurants, cocktail lounges and tearooms, coffee houses, banquet facilities, micro-
wineries, micro-breweries, and other businesses offering the sale of food and beverage
(but not including micro-distilleries). Only the following two accessory uses to restaurants
shall be permitted outdoors without Special Use approval: (a) outdoor dining areas that
are within a regional shopping center of at least 50 acres and are completely separated
from public rights of way by enclosed buildings; and (b) vertical and rooftop gardens that
produce fruits, flowers and vegetables for on premises consumption and use.
Retail stores and shops, including department stores.
Sales and display rooms.
Schools, b6l6ine66, tFade, MUGOG and daRGe studios, classrooms, facilities
and activities for personal or interactive learning, physical wellness and cultural
enrichment, including but not limited to colleges, universities and test preparation
services, art and craft classes, yoga and Pilates studios, gyms and physical fitness
Ordinance 2017-ZO-TA-G-1112
Section 13-7B-1 and Section 13-7B-2 of the Zoning
B2 District-Amend Permitted and Special Uses
Page 4 of 6
facilities, after-school programs for children, day camps, venues providing interactive
entertainment and educational programming for children, and activity centers for seniors
and adult learning. Structures for physical wellness uses are permitted to include, by way
of example and not limitation, indoor and outdoor exercise and participant sports
facilities, swimming pools, playgrounds, and climbing walls.
Service, cleaning and repair shops, for personal, household or garden equipment.
Tailor or dressmaking shops, and similar repair services.
Theaters, except open air drive-in establishments.
Section 3: Amendment to Section 13-7B-2 of the Zoning Ordinance. Section 13-7B-2 of the
Zoning Ordinance, entitled "Special Uses," shall be amended as follows (additions underlined and
deletions noted by stFik gh):
13-713-2: SPECIAL USES:
Amusement establishments,
skatn�rca�rng-Ti^,rks. that are not expressly listed as a Permitted Use under Section 13-7B-1 of
this Chapter, such as spectator sports facilities and are not otherwise prohibited by
Village Ordinance.
Automobile test drive areas that are designated exclusively as such and involve
construction of specific physical improvements (as opposed to automobile testing within
multi-functional vehicular areas).
Community centers that do not qualify as a Permitted Use under Section 13-713-1 of this
Chapter.
Daycare center, provided such facility complies with all licensing requirements of the
state and maintains a direct alarm hookup to the police department.
Drive-in banking facility.
Electric distribution centers and substations.
Farmers' markets and/or French markets involving the sale of flowers, culinary
accessories and edible items fGF GensumptieR eff the premises where the s; „e Tmad2
provided that the following conditions are met:
A. Sale of used or pre-owned items is not permitted unless allowed in the
Special Use Approval Ordinance.
B. Farmers' market and/or French market may be conducted no more than
one day per week an ^nY nrnnorty ZGRed fnr business purposes unless
otherwise allowed the Special Use Approval Ordinance.
C. All signage and setback requirements of the underlying zoning district
must be met.
D. The property on which the farmers' market and/or French market is
conducted complies with all the parking requirements of the underlying
zoning district or, in the alternative, the petitioner demonstrates that
notwithstanding any temporary noncompliance, the conduct of the event
Ordinance 2017-ZO-TA-G-1112
Section 13-713-1 and Section 13-7B-2 of the Zoning
B2 District-Amend Permitted and Special Uses
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will not impose any undue traffic or parking burden on surrounding
properties and streets; and
E. The farmers' market and/or French market is approved by the
department of community development upon application and submittal of
all required information from the property owner detailing prospective
compliance with the conditions herein.
Micro-distilleries.
Outdoor dining areas adjacent to restaurants and specialty retail programs that do not
qualify as a Permitted Use under Section 13-713-1 of this Chapter.
Pre-Schools, including nursery schools and kindergartens.
Public utility, governmental service, and transportation uses:
Bus turnarounds and passenger shelters.
Fire and police stations.
Sewage and stormwater lift stations.
Telephone exchanges and transmission buildings and equipment, and
outdoor telephone booths and pedestals.
Water filtration plants, wells, pumping stations and reservoirs.
Specialty retail programs in outdoor areas of a shopping center as a convenience to
pedestrian shoppers, provided: a) all aspects of the operation and sales meet the
applicable requirements of the DuPage County health department; and b) specialty retail
program facilities have appropriate utilities provided, are not convenient to drive-up
businesses, and do not materially interfere with access to or visibility of other
establishments within the shopping center.
Wireless Communication Towers.
Section 4: Conflict. All ordinances and parts of ordinances in conflict with this Ordinance
are hereby repealed.
Section 5: Severability. If any part, subsection, or clause of this Ordinance shall be deemed
to be unconstitutional or otherwise invalid, the remaining sections, subsections and clauses shall not be
affected thereby.
Section 6: Effective Date. This Ordinance shall be in full force and effect following its
passage and approval as required by law, and the provisions of the Zoning Ordinance of the Village of
Oak Brook amended herein shall be reprinted with the changes.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2017-ZO-TA-G-1112
Section 13-713-1 and Section 13-76-2 of the Zoning
B2 District-Amend Permitted and Special Uses
Page 6 of 6
APPROVED THIS 26th Day of September, 2017
Gopal G. Lalmalani
Village President
PASSED THIS 261h Day of September, 2017
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
t14jf
r
'y ATTEST:
Yr-
Charlotte K. Pruss
� � �, Village Clerk
Cow'j vi