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S-1647 - 04/12/2022 - COMMUNITY DEVELOPMENT - Ordinances THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2022-DS-TEMP-AMEND-COMP-S-1647 AN ORDINANCE TEMPORARILY ADDRESSING INCONSISTENCIES BETWEEN THE VILLAGE OF OAK BROOK ZONING MAP AND COMPREHENSIVE PLAN GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 12th day of April, 2022 ORDINANCE NO. 2022-DS-TEMP-AMEND-COMP-S-1647 AN ORDINANCE TEMPORARILY ADDRESSING INCONSISTENCIES BETWEEN THE VILLAGE OF OAK BROOK ZONING MAP AND COMPREHENSIVE PLAN WHEREAS, the Village of Oak Brook (hereinafter referred to as the "Village") is an Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village has in full force and effect a codified set of ordinances which are of a general and permanent nature, which said codified set is known and designated as the Village Code of the Village of Oak Brook, as amended; WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health, safety and welfare of its residents including the adoption and imposition of certain taxes; WHEREAS, through the Illinois Municipal Code, the Village has the authority to adopt zoning regulations to secure adequate light, pure air, and safety from fires and other dangers, and to otherwise aid in the promotion of public health, safety, comfort and welfare (65 ILCS 11- 13-1); WHEREAS, through the Illinois Municipal Code, the Village has the authority to create a plan commission, a purpose of which is to create a comprehensive plan for the present and future development of the Village (65 ILCS 5/11-12-4; 65 ILCS 5/11-12-5); WHEREAS, through the Illinois Municipal Code, any municipal plan commission has the authority to recommend changes to an existing comprehensive plan (65 ILCS 5/11-12-5); WHEREAS, through the Illinois Municipal Code, the Corporate Authorities of the Village have the authority to adopt any changes to an existing comprehensive plan that are recommended by the planning commission (65 ILCS 5/11-12-6); WHEREAS, the Village adopted a comprehensive plan in June of 1969, which was further revised in June of 1990; WHEREAS, the Village adopted the Commercial Area Revitalization plan in May of 2019, which was the most recent revision to the comprehensive plan; WHEREAS, the Village has in force an Official Zoning Map; WHEREAS, the Corporate Authorities of the Village have been made aware that inconsistencies exist between the Village's comprehensive plan and the Village's zoning map; WHEREAS, the Corporate Authorities of the Village are of the opinion that it is in the best interests of the safety, health and welfare of residents that the Village's comprehensive plan be amended to cure inconsistencies with the current zoning map; 2 WHEREAS, the Corporate Authorities of the Village are aware that an interim solution is needed while the planning commission develops an amended comprehensive plan to cure any inconsistencies; and WHEREAS, for the purpose of creating an interim solution to the inconsistencies between the Village's comprehensive plan and zoning regulations, all inconsistencies between the comprehensive plan and existing zoning regulations shall be resolved in favor of the zoning regulations until an amended comprehensive plan has been adopted by the Village. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows: Section One - Recitals The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section Two — Conflicting Issues To the extent that an inconsistency exists between the Village of Oak Brook Zoning Map and the Comprehensive Plan those inconsistencies shall be resolved in favor of the Village of Oak Brook Zoning Map. No person should rely on the existing comprehensive plan, last revised in May of 2019, when making land use and planning decisions. All land use and planning decisions should be made with reference to the existing Village of Oak Brook Zoning Map until such time as the current comprehensive plan is revised to be consistent with the zoning map. Any applications for development or zoning relief that are be made in reliance on the existing comprehensive plan may be denied to the extent that they are inconsistent with the current Village of Oak Brook Zoning Map. Section Three — Effective Date That this ordinance become effective immediately after its passage. Section Four - Passage Clause That this ordinance shall take full force and effect from and after its passage, approval and publication as provided by law. Section Five - Constitutionality Clause Any part or parts of this ordinance declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the Oak Brook Municipal Code. Section Six - Publication 3 This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Seven - Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 12th day of April, 2022 Ayes: Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf None Nays: Absent: None APPROVED THIS 12th day of April, 2022 Gopal G. Lalmalani Village President ATTEST: OF 044, Charlotte K. Pruss � Village Clerk _ \UNr � 4