G-678 - 06/26/2001 - ZONING - Ordinances (2)ORDINANCE 2001-ZO-ORD-EX1-G-678
AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT
TO CHAPTER 3 ("GENERAL ZONING PROVISIONS") OF TITLE 13
ENTITLED, "ZONING REGULATIONS"
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the Zoning Ordinance Advisory Committee, composed of staff members and one
Village Trustee, has recommended a comprehensive amendment to Chapter 3 ("General Zoning
Provisions') of Title 13 entitled "Zoning Regulations" of the Village Code of the Village of Oak Brook; and
WHEREAS, an application has been filed requesting that the text of Chapter 3 ("General Zoning
Provisions') of Title 13 ("Zoning Regulations') of the Village Code be amended; and
WHEREAS, the Plan Commission, on November 20, 2000 and January 15, 2001, reviewed said
application and has recommended its approval; and
WHEREAS, a public hearing on the application was opened on December 5, 2000 and continued
to February 6, 2001 by the Zoning Board of Appeals of the Village of Oak Brook pursuant to due and
appropriate legal notice, and said Board has recommended approval of the comprehensive text
amendment to Chapter 3 of Title 13 of the Village Code; and
WHEREAS, the President and Board of Trustees have reviewed these recommendations and
concur with the recommendations and deem the passage of this ordinance to be in the best interest and
in furtherance of the general welfare of the Village of Oak Brook;
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, That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
$Dction 2: That Chapter 3 entitled, "General Zoning Provisions" of Title 13 entitled "Zoning
Regulations' of the Village Code of the Village of Oak Brook is amended to read as set forth in the
attached exhibit labeled Exhibit A and incorporated herein by reference.
Section 3 That this ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Section 4 That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law.
PASSED THIS 26th day of June , 2001.
Ordinance2001-ZO-ORD-EX1-G- 678
Chapter 3, General Zoning Provisions
Page 2
Ayes: Trustees Butler, Craig, Korin and Savino
Nays: None
Absent: Trustees Caleel and Miologos
Abstain: None
APPROVED THIS 26th day of June '2001,
Village President
, � ?t j 6. a a, A. t' �')
Village Attorney
Published in Pamphlet Form: June 28, 2001
(Date)
UADMIMSSCHMIOT\WORDDOC\ORD\CHAPTER 3.dx
EXHIBIT A
CHAPTER 3
GENERAL ZONING PROVISIONS
SECTION:
13-3-1: Control Over Use
13-3-2: Control Over Bulk
13-3-3: Lot Requirements
13-3-4: Yards
13-3-5: Setbacks Along Streets
13-3-6: Accessory Uses And Structures
13-3-7: Trailers, Boats And Habitable Vehicles
13-3-8: Structure Height
13-3-9: Public Utilities
13-3-10: Performance Standards
13-3-11: Mechanical Equipment To Be Screened
13-3-12: Access
13-3-13: Property Abutting Or Adjoining Conservation Recreation District
13-3-14: Driveway Gates
13-3-15: Permanent Entryway Canopies
13-3-1: CONTROL OVERUSE:
A. The use of land and the erection, alteration and use of structures shall be limited to:
1. Uses lawfully established on the effective date of this Title, subject to the regulations
set forth in Chapter 14 of this Title.
2. Permitted uses or special uses permitted in the zoning district in which the land or
structure is located. Subject to these above limitations, no building or land shall be used,
and no building shall be erected or altered for any purposes other than permitted in the
zoning district in which the land or structure is located.
B. Where a use which is classified as a special use by this Title exists as of the date of the first
Zoning Ordinance for the Village, it shall be considered to be a lawful special use.
C. Where a building permit for a structure has been issued in accordance with law prior to the
effective date of this Title and where construction has begun not more than six (6) months after
such effective date and is being prosecuted to completion, said structure may be completed in
accordance with such building permit and may be occupied upon completion under a certificate
of occupancy for the use originally designated, subject to the provisions of Chapter 13 of this
Title. (Ord. G-60, 3-22-1966; Ord. G-575, 9-24-1996)
13-3-2: CONTROL OVER BULK:
A. New and existing structures shall not be enlarged, constructed, reconstructed, structurally
altered, converted or relocated in such a manner as to conflict with the bulk regulations for the
district in which such structures are located except as provided for in this Section or provided by
relief granted pursuant to the provisions of Chapter 14,
B. The provisions of this Section shall apply to vacant lots and lots with existing dwellings in
residential zoning districts.
C. Existing residential zoning district lots of record at the effective date of the first Zoning
Ordinance of the Village (Ordinance G-60 adopted on March 22, 1966) or upon annexation shall
have side yards of ten percent (10%) of the lot width or the side yard requirements of the
underlying zoning district, whichever is less.
Required side yards shall be not less than ten feet (10') in depth; except a side yard may
be not less than eight feet (8) provided the adjoining lot contains a dwelling with an
attached garage or carport adjacent to such side yard.
Where, due to existing building eaves, such lots have a legally established side yard(s)
less than ten percent (10%) of lot width, second floor additions, in-line additions to the
front or rear, and repair of the structures, continuing such eave setbacks are permitted.
D. A lot in a residence district at the effective date of the first Zoning Ordinance of the Village —
(Ordinance G-60 adopted March 22, 1966) which is not a lot of record but which is able to meet
the requirements of this Title as to lot area and width may be used for a single-family detached
dwelling; provided, it shall meet all the other requirements of this Title with the following
additional requirements:
1. A plat of subdivision or an assessment plat shall be recorded prior to the issuance of a
building permit. The subdivision regulations' set forth the requirements pertaining to
such plats.
E. A lot in a residence district at the effective date of the first Zoning Ordinance of the Village —
(Ordinance G-60 adopted March 22, 1966) which is not a lot of record and which is unable to
meet the requirements of this Title as to lot area or width may be used for a single-family
detached dwelling; provided, it shall meet all the other requirements of this Title with the
following additional requirements:
1. The applicant shall furnish, with the application for a building permit, a survey by a
licensed land surveyor, showing the lot upon which the applicant proposes to erect a
single-family detached dwelling and also showing all lots adjacent to said lot with all
improvements thereon and widths of the adjoining - yards and any projections of
structures therein duly plotted on said survey.
2. The applicant shall furnish an affidavit on the following form signed by the owner of
record of the lot described in the application for a building permit.
STATE OF ILLINOIS)
ss:
CO LINTY OF )
See Title 14 of this Code.
LOT OWNERSHIP AFFIDAVIT
Dated
At
TO: Director of Community Development
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
20_ 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 fidl
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.
4. That neither the applicant nor any of his/her 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 any 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:
S. That the following are the facts existing as to the lots adjoining and contiguous on all
sides of the land as described in paragraph 1:
a. That none of the adjoining and contiguous lots are vacant and unimproved, except:
b. That none of the adjoining and contiguous lots have 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 afidavit 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 20_.
Notary Public
3. The Director of Community Development 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 Title, with each required
interior side yard reduced to not less than ten percent (10%) of the width of the lot, or the
side yard requirement of the underlying zoning district, whichever is less, if all of the
below enumerated requirements are met:
a. The subject lot:
(1) Is not adjoining and contiguous to a vacant lot on any side held under
common ownership at any time after the year 1966; or
(2) Is not contiguous to an improved lot of record which has one foot (1')
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
(3) Is not owned and has not been owned directly or indirectly or by a
nominee of any person, 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.
b. Interior side yards shall not be less than ten feet (10') in depth except a side
yard may be not less than eight feet (8') provided, the adjoining lot contains a
dwelling with an attached garage or carport adjacent to such side yard.
c. The contiguous lots are not owned and have not been owned directly or
indirectly or by a nominee of any person 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.
d. 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.
e. In the event that a subdivision plat or an assessment plat has not been recorded,
one will be required prior to the issuance of the building permit.
4. 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 Village President and Board of Trustees may grant such relief in
accordance with the procedures as set forth in this Title for variations as deemed
appropriate.
5. In no case, shall a contiguous lot from which property is being acquired be made
nonconforming or more nonconforming without the necessary approvals in accordance
with the procedures as set forth in this Title. Plats of resubdivision or revised assessment
plats shall be required for such properties.
F. Notwithstanding anything contained in this .Title to the contrary, in the event at any time
subsequent to January 1, 1995, private property is dedicated or conveyed to a governmental
entity or condemned by a governmental entity (including, without limitation, the Illinois State
Toll Highway Authority) for the purpose of widening the public right of way or providing public
roadway infrastructure (including, without limitation, right of way for roadway entry or exit
ramps), the calculation of floor area ratio shall at all times include within the measurement of the
area of the lot in question the area so dedicated, conveyed or condemned, provided that not more
than twenty percent (20%) of the lot has been so dedicated, conveyed or condemned, and
provided further that a site plan generally accommodating such a dedication, conveyance or
condemnation has been reviewed and approved by the Village. (Ord. G-60, 3-22-1966; Ord.
G-518, 8-10-1993; Ord. G-557, 7-25-1995)
13-3-3: LOT REQUIREMENTS:
A. Buildings On A Lot:
I . On single-family detached residence district lots with permitted uses, there shall be not
more than one principal building.
2. In the event that more than one lot of record is necessary to satisfy the requirements of
this Title, a notice of encumbrance shall be recorded with the Office of the County
Recorder of Deeds against all affected lots of record prior to the issuance of any building
permit.
B. Lot Divisions: No lot containing a use or structure shall hereafter be divided in order to secure
one or more additional lots unless each lot resulting from such division, and including also the
lot containing the use or structure, shall have the minimum lot area and lot width as required in
this Title for the district in which the lot is located and complies with the Subdivision
Regulations of the Village. (Ord. G-60, 3-22-1966; Ord. G-575, 9-24-1996)
13-3-4: YARDS:
A. Yards and other open spaces as required by this Title shall be located on the same lot as the
principal use or structure, and shall have not less than the minimum depth or area as required in
this Title for the district in which such use or structure is located, except as otherwise provided
for setbacks.
B. On vacant through lots, the front lot line shall be along the street line designated by the
Director of Community Development, except that when a front lot line has been established on
one or more lots in the same block and all have front lot lines established along the same street
line, the street line designated as the front lot line for such lot or lots shall be the front lot line on
all vacant through lots in such block. On through lots, only those uses and structures permitted
by this Title in front yards shall be located in that part of a rear yard adjoining a street that is
equivalent in depth to a required front yard.
C. No legally required yards, open space, or lot area for any use or structure shall be used to
satisfy yard, open space or lot area requirements for any other structure or use.
D. No yards allocated to a use or structure existing on the effective date of this Title shall be
subsequently reduced or further reduced below the yard requirements of this Title, except a yard
adjoining a street may be reduced in depth in the event and to the extent the right-of-way width
of such street adjoining such yard is subsequently increased.
E. Front yards of comer lots may be designated by the owner, provided such yard abuts a street.
(Ord. G-60, 3-22-1966; Ord. G-339, 11-2-1983)
13-3-5: SETBACKS ALONG STREETS:
Minimum setbacks on lots abutting a street shall be as required for yards in the district in which
they are located and shall be measured from the street line, or from the proposed street line if one
has been designated on the official map except: that the setbacks along 22nd Street and that
portion of York Road north of the intersection with 31" Street shall not be less than one hundred
feet (100') as measured from the property line; that the setbacks along that portion of York Road
lying south of the intersection with 3151 Street shall not be less than one hundred feet (100') from
the centerline; and setbacks along Oak Brook Road (31st Street) shall not be less than one
hundred ten feet (110') from the section lines, except the setbacks falling within or adjacent to
the plats of subdivision of Brook Forest Unit 2 and Briarwood Lakes Subdivision shall be not
less than one hundred ten feet (110') from the now existing center line of Oak.Brook Road (31st
Street) as shown on said plats.
Notwithstanding anything contained in this Title to the contrary, in the event at any time
subsequent to January 1, 1995, private property is dedicated or conveyed to a governmental
entity or condemned by a governmental entity (including without limitation the Illinois State Toll
Highway Authority) for the purpose of widening the public right of way or providing public
roadway infrastructure (including, without limitation, right of way for roadway entry or exit
ramps), the calculation of minimum setbacks and minimum required yards shall at all times be
measured from the street line which existed prior to such dedication, conveyance or
condemnation, provided that not more than twenty percent (20%) of the lot has been so
dedicated, conveyed or condemned, and provided that any newly constructed buildings establish
minimum setbacks and minimum required yards on the affected lot (as measured from the new
lot line created as a result of said dedication, conveyance, or condemnation) which, at a
minimum, equal at least fifty percent (50%) of the minimum setback and minimum required yard
which would be required in the absence of this condemnation mitigation provision, and provided
further that a site plan generally accommodating such a dedication, conveyance or condemnation
has been reviewed and approved by the Village Board of Trustees. (Ord. G-60, 3-22-1966; Ord.
G-136, 6-22-1971; Ord. G-557, 7-25-1995)
13-3-6: ACCESSORY USES AND STRUCTURES:
A. General Regulations:
1. Accessory uses and structures shall be compatible with the principal use and shall not
be established prior to the establishment of the principal use.
2. Accessory uses shall not include the keeping, propagation or culture of pigeons,
poultry, rabbits, bees, livestock or other nonhousehold animals for profit, except on such
lots where the pursuit of agriculture is a permitted principal or accessory use.
3. Except as otherwise regulated for specific principal uses, an accessory structure
hereafter erected, altered, enlarged or moved in a lot shall conform with the following:
a. A detached accessory structure shall not be nearer than ten feet (10') from the
nearest wall of the principal structure, and for each foot over ten feet (10') in
length that the wall of an accessory structure parallels and is next to the principal
structure, the required distance between the structure shall be increased by an
additional one-half foot (1/2').
b. An accessory structure shall not be located in any required front or side yard.
c. Accessory uses and structures shall not be located, erected, or altered in
required yards, except as provided in subsections Aad, A3g, and B of this Section.
d. Detached accessory structures in a required rear yard in a residential district
shall:
(1) Be not more than fifteen feet (15') in height.
(2) Cover not more than thirty percent (30%) of the rear yard.
(3) Be located not less than five feet (5') from the side or rear lot line.
e. Accessory structures which are only permitted in required rear yards shall not
be constructed within the buildable area between the principal structure and
adjacent streets along the front or side lot lines unless a setback equal to double
the required front or side yard setback is maintained from the front or side yard lot
line to such accessory structure.
f Except as provided in subsection A3g of this Section, for an accessory structure
containing a dwelling unit or lodging rooms for domestic employees or temporary
non-paying guests of the occupants of the principal dwelling, no detached
structure accessory to a single-family detached dwelling hereafter erected or
altered at any location on a lot shall be more than one story nor more than fifteen
feet (15') in height; a detached accessory structure shall not be nearer than ten feet
(10') from the nearest wall of the principal structure, and for each foot over ten
feet (10') in length that the wall of an accessory structure parallels and is next to
the principal structure, the required distance between the structure shall be
increased by an additional one-half foot ('/Z.)
g. Accessory single-family detached dwellings or detached structures containing
dwelling units or lodging rooms for domestic employees or temporary nonpaying
guests of the occupants of the principal single-family detached dwellings, or for
students, faculty, and personnel authorized to live on the premises of institutional
or other nonresidential uses shall not be located in any required yard for the
principal structure, and shall be located not less than forty feet (40') from the
principal structure except:
(1) When located on a lot ten (10) acres or more in area, such an accessory
structure, when designed as a part of an architectural entrance feature, may
be located in a required front yard or side yard adjoining a street.
(2) When located in back of a principal structure, the rear yard of the
principal structure shall be measured from the rear yard line to the nearest
building wall of such accessory structure.
B. Permitted In Required Yards: Accessory uses and structures are permitted in required yards as
follows with the following designations:
F = Yards adjoining streets
S = Interior side yards
R = Rear yards
F
S
R
[Awnings or canopies, not more than 3 feet
X
X
X
bors or trellises, where trellises are attached to the
ncipal structure
X
X
X
HVAC equipment including air conditioning units, not less
than 12 feet from designated lot lines
X
X
Fallout shelters, detached
X
Fences, open, and gates, whether or not connected to a fence,
not more than 42 inches in height
X
X
X
Fences, open, and gates, not more than 6 feet in height may
be erected only adjacent to patio or terrace areas and private
swimming pools and shall be not a) less than 5 feet from the
nearest lot line, or b) in no-access strips,
X
X
s, opeEencdcor fire towers, not
g mort 3.5 feet into a required
e yard
k
X
X
X
X
X
X
carpo
X
way
X
Growing of garden crops in the open
X
X
Lawn furniture, such garden structures as benches, sun dials
and birdbaths
X
X
X
Open off-street loading spaces
X
Open off-street parking spaces, may be permitted in a
required yard adjoining a street, as regulated in this Title
X
X
Ornamental light standards
X
X
X
Playground and Laundry-drying equipment
X
Playhouses and open-sided summer houses
X
Sheds and storage structures for garden equipment and
household items
X
Signs and nameplates
X
X
X
Steps, open
X
X
X
Swimming pools
X
Terraces, patios and outdoor fireplaces
X
Tennis courts
X
Trees, shrubs and other plants, except on corner lots where no
X
X
X
such material shall be permitted to obstruct a clear path of
motorists' vision of approaching vehicles within the area
enclosed by any 2 intersecting curblines or edges of
pavement, as extended to their point of intersection if
necessary, whichever is applicable, and a straight line
connecting those 2 lines at points 60 feet from their point of
intersection
tvru. v-ov,J-LL-IYbb; ura.tJ-123,7-28-1970; Ord. G-161, 6-25-1974; Ord. G-203,
12-14-1976; Ord. G-339, 11-2-1983; Ord. G-420, 12-13-1988; G-427,5-9-1989; Ord. G-510,
6-8-1993)
13-3-7: TRAILERS, BOATS AND HABITABLE VEHICLES:
A. Trailers and vehicles shall not be permitted in any district as principal or accessory structures
on a lot.
B. Habitable vehicles, utility trailers, horse trailers, boats on boat trailers or blocks, and other
trailers shall not be parked or stored in any required yard or in the open on any lot, except when
permitted in this Title, or in the operations of a lawfully established trailer or, habitable vehicle
sales or manufacturing establishment.
C. One habitable vehicle, and one utility trailer, horse trailer, or one boat on a boat trailer or
blocks, or one other trailer, owned by the occupant of the dwelling, may be stored or parked only
to the rear of said dwelling and not within any required side yard or rear yard of a lot containing
a single-family detached dwelling; provided no major repair, disassembly, or rebuilding
operations are conducted thereon; and provided that no habitable vehicle so stored may be
occupied.
D. A habitable vehicle may be parked or stored in the driveway on property within the zoning
jurisdiction of the Village for a period of three (3) consecutive days without permit, and may be
occupied during such period. Thereafter such a vehicle may be parked only after issuance of a
permit by the Director of Community Development permitting such parking. Such a permit may
be issued by the Director for the following purposes if the proposed use is consistent with the
purposes of this Title:
1. For parking of habitable vehicles for use as temporary office or storage space
incidental to and only for the period of time of construction of a building or series of
buildings, provided such habitable vehicles are located on the same lot or contiguous lots
to the building or series of buildings.
2. For parking and occupancy of a vehicle on a lot containing a dwelling for a period not
to exceed ten (10) days in any consecutive thirty (30) day period and only if the location
of said habitable vehicle on such lot does not violate the provisions of this Title in
relation to the placement of structures on such lot; except that such temporary parking
shall be permitted on existing driveways notwithstanding that said driveway may be in a
side yard. (Ord. G-60, 3-22-1966; Ord. G-215, 4-26-1977)
13-3-8: STRUCTURE HEIGHT:
No structure shall be erected, converted, expanded, reconstructed or structurally altered to
exceed the height limit above natural ground level 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. However, no such
structure shall be erected to exceed by more than fifteen feet (15') the height limits of the district
in which it is located. Structure height may be measured from a base elevation other than natural
ground level only with the express approval of the Village, provided, however, that 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. (Ord. G-60, 3-22-1966; Ord. G-180, 4-13-1976; Ord. G-557, 7-25-1995)
13-3-9: PUBLIC UTILITIES:
The following public utility uses are permitted in any district: wires, cables, conduits, vaults,
laterals, pipes, mains and valves, public warning devices, micro cells or other similar
transmission and distributing equipment (not including cellular telephone towers and ancillary
equipment), provided that the installation and location thereof shall conform with the rules and
regulations of applicable administrative authorities and ordinances of the Village. Microcells
shall include a wireless communication facility consisting of an antenna that is either a) four (4)
feet in height and with an area of not more than five hundred eighty (580) square inches, or b) if
a tubular antenna no more than four (4) inches in diameter and no more than six (6) feet in length
in the associated equipment cabinet that is six (6) feet or less in height and no more than forty-
eight (48) square feet in floor area. (Ord. G-60, 3-22-1966; Ord. G-483, 3-10-1992)
13-3-10: PERFORMANCE STANDARDS:
Any use established in the various residence and business districts shall be operated so as to
comply with the performance standard regulations set forth in Section 13-10-3 of this Title. (Ord.
G-60, 3-22-1966)
13-3-11: MECHANICAL EQUIPMENT TO BE SCREENED:
All heating, air-conditioning, ventilating, or other mechanical equipment located on the roof of
any non-residential structure in any residential, business or office -research -assembly districts
shall be screened on all sides or enclosed in a manner consistent with the design and materials
found on the principal building as to mask such equipment (Ord. G-105, 7-11-1969)
13-3-12: ACCESS:
All publicly dedicated rights of way for roadway or highway purposes or any land used, by
easement or other means, for vehicular access which may be developed in any zoning district in
the Village, shall meet all requirements of the subdivision regulations of the Village2. Where
such access may be developed as part of a larger, continuous, regional street system, or where it
may serve a subdivision located in part outside the corporate limits of the Village, the design of
said system shall be reviewed in accordance with the applicable provisions of all governing
ordinances and shall be subject to all required public hearings and meetings before the Plan
Commission, Zoning Board of Appeals and Village President and Board of Trustees prior to
development. (Ord. G-105, 7-11-1972)
13-3-13: PROPERTY ABUTTING OR ADJOINING CONSERVATION/RECREATION
DISTRICT:
All provisions in this Title, as amended, which pertain to property abutting or adjoining a
residence district shall be equally applicable to property abutting or adjoining any property zoned
CR Conservation/Recreation District. (Ord. G-341, 1-24-1984)
13-3-14: DRIVEWAY GATES:
Driveway gates are permitted as accessory structures in required front yards, or side yards
adjoining a street; provided that they conform with the following criteria:
A. Required Acreage: No driveway gate may be installed on a lot of less than one (1) acre, unless
the front yard of said lot abuts a thoroughfare.3
B. Direction Of Swing: Driveway gates shall not swing outward from the property.
C. Width: The minimum width for a gate structure shall be twelve feet (12') for opening the gate.
All driveway gates shall be greater than fifty percent (50%) open in design when viewed from a
ninety degree (90°) angle, except that this required open space in louver -type gates may be
viewed from any angle, and excluding metal gates with more than seventy five percent (75%) of
its surface area as open space.
D. Location Of Gates: Gates shall be located a minimum distance of twenty feet (20') from the
nearest edge of pavement on local residential streets and within thirty feet (30') from the nearest
edge of pavement on all other streets including all thoroughfares and collectors (Reference the
Oak Brook Transportation Plan Phase II Report dated January 1971) to allow adequate room for
vehicular access to the property. (Ord. G-420, 12-13-1988; Ord. G-473, 9-10-1991)
See Title 14 of this Code.
See Section 14-2-2 of this Code.
13-3-15: PERMANENT ENTRYWAY CANOPIES:
Permanent entryway canopies to provide weather protection for persons being dropped off or
picked up may be erected in required front and comer lot side yards for churches and hotel,
restaurant and office use buildings permitted by this Title , subject to the following conditions:
A. The required yard must be one hundred feet (100') or more in depth;
B. The area of the encroachment is limited to a maximum of six hundred (600) square feet;
C. The maximum depth of the encroachment into the required yard is thirty feet (30');
D. The minimum clearance for a canopy above a driveway or parking area shall be not less than
fourteen and one-half feet (14.5'); and
E. The maximum height of the canopy is eighteen feet (18'). (Ord. G-510, 6-8-1993)