On the agenda: Oak Brook Village Board of Trustees — Data Center (May 14)

BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
Regular Meeting
Tuesday, May 14, 2024
7:00 PM
“Please be advised that any proposed documents attached hereto are in draft form and vary
from the final versions which are adopted at the meeting as set forth herein.”
1.

CALL TO ORDER

2.

ROLL CALL

3.

PRESIDENT’S OPENING COMMENTS
A.

National Public Works Week Proclamation

B.

Swearing-In of Deputy Chief Robert Christopherson and Police Sergeant
Andrew Franczak

4.

PUBLIC COMMENTS

5.

APPROVAL OF MINUTES
A.

6.

Regular Board of Trustees Meeting of April 23, 2024

CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be enacted in one
motion. There will be no separate discussion of these items unless a Board member so requests, in
which event, the item will be removed from the Consent Agenda and considered as the first item
after approval of the Consent Agenda.
A.

Accounts Payable for Period Ending: May 8, 2024 - $899,966.06
1.

Reinders, Inc. - Automatic Bedknife Grinder - $33,299.00

2.

IRMA - February 2024 Premiums - $73,960.79

3.

Sundek of Illinois, Inc. - Pool Deck Repairs and Resurfacing - Progress
Payment - $34,500.00

4.

DU-COMM - Fire Department Quarterly Shares May 1, 2024 - July 31,
2024 - $39,773.50

5.

DU-COMM - Police Department Quarterly Shares May 1, 2024 - July
31, 2024 - $142,769.75

6.

EZA - Municipal Engineering Services for April 2024 - $28,243.25

Board of Trustees Agenda

Page 1
Page 1 of 269

7.

Chicagland Pool Management - Pool Management Contract - June 1
Payment - $48,328.00

8.

BCBSIL - Health Care Services - May 2024 - $233,621.54

B.

Approval of Payroll Paydate: May 02, 2024 - $900,283.71

C.

Authorization to Seek Bids or Proposals or Negotiate Contracts:

D.

1.

Authorization to seek bids - Professional Services for the replacement
of HVAC AC7 and AC8 for the Butler Government Center/Oak Brook
Police Department.

Jain/Tiesenga

2.

Authorization to seek bids - Professional Services for the Oak Brook
BGC Roof Replacement.

Jain/Tiesenga

3.

Authorization to seek Bids - Asphalt Material Purchase

Jain/Tiesenga

4.

Authorization to seek bids - Professional Services for Water Facility
Security Upgrades

Jain/Tiesenga

Development Services Referrals
1.

E.

Zoning Code Amendments

ORDINANCE S-1696, An Ordinance Granting Variations from
Provisions of Section 13-12-3H.2 And 13-15-2.A of Title 13 (“Zoning
Regulations”) of The Village Code of the Village of Oak Brook to
Allow Additional Parking Spaces for the Property Located At 100
Windsor Drive In the Village Of Oak Brook, Illinois

Summer Meeting Payment Schedule

7.

ITEMS REMOVED FROM CONSENT AGENDA

8.

ACTIVE BUSINESS
A.

Manzo/Tiesenga

Heman/Martin

Ordinances & Resolutions
1.

9.

Manzo/Tiesenga

Ordinances and Resolutions
1.

F.

Herman/Martin

RESOLUTION R-2212, A Resolution to Waive Competitive Bidding
And Authorize Staff to Issue a Purchase Order to Range Servant for
One Range Servant Ultima 45 Dual Golf Dispenser and Ultima 12 Ball
Management System for Oak Brook Golf Club

Manzo/Martin

BOARD UPDATES

10. ADJOURN TO CLOSED SESSION
For the Purpose of Discussing (1) Minutes of Meetings Lawfully Closed Under This Act, 2) For the
Purpose of Discussing the Sale or Purchase of Securities, Investments, or Investment Contracts., 3)
To Consider Collective Negotiating Matters Between the Village and Its Employees or Their
Representatives Pursuant to 2(C)(21), 2(C)(2), 2(C)7 of the Illinois Open Meetings Act
Respectively
11. RECONVENE TO REGULAR BOARD OF TRUSTEES MEETING
Board of Trustees Agenda

Page 2
Page 2 of 269

12. ORDINANCES AND RESOLUTIONS
A.

ORDINANCE S-1697, An Ordinance Amending the Investment Policy
for the Village of Oak Brook, Illinois

Herman/Martin

B.

RESOLUTION R-2214, A Resolution Awarding a Professional
Services Agreement to PFM Asset Management LLC, Chicago, Illinois
for Professional Investment Management Services

Herman/Martin

C.

RESOLUTION R-2215, A Resolution Awarding a Professional
Services Agreement to PFM Asset Management LLC, Chicago, Illinois
for other Post-Employment Benefits (OPEB) Investment Advisory
Services

Herman/Martin

13. ADJOURNMENT

In accord with the provisions of the American with Disabilities Act, any individual who is in
need of a reasonable accommodation in order to participate in or benefit from attendance at this
public meeting should contact the Butler Government Center (Village Hall), at 630-368-5010 as
soon as possible before the meeting date.

Board of Trustees Agenda

Page 3
Page 3 of 269

2024 Proclamation
National Public Works Week Proclamation
May 19–25, 2024
“Advancing Quality of Life for All”
WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital
importance to sustainable and resilient communities and to the public health, high quality of life, and
well-being of the people of Oak Brook, Illinois; and,
WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated
efforts of public works professionals, who are engineers, managers, and employees at all levels of
government and the private sector, who are responsible for rebuilding, improving, and protecting our
nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and
other structures and facilities essential for our citizens; and,
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in Oak Brook, Illinois;
to gain knowledge of and maintain an ongoing interest and understanding of the importance of public
works and public works programs in their respective communities; and,
WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American
Public Works Association/Canadian Public Works Association be it now,
NOW, THEREFORE, BE IT RESOLVED, I, Laurence E. Herman do hereby designate the week May 19–
25, 2024, as National Public Works Week in the Village of Oak Brook, IL, and urge all citizens to join
with representatives of the American Public Works Association and government agencies in activities,
events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers,
and employees and to recognize the substantial contributions they make to protecting our national health,
safety, and advancing quality of life for all.

IN WITNESS WHEREOF, I have hereunto set my hand seal this 14th day of May 2024.

_________________________________
Laurence E. Herman
Village President
Oak Brook, Illinois

_________________________________
Netasha Scarpiniti
Village Clerk
Oak Brook, Illinois

Page 4 of 269

Approval for Payroll Paydate: 05/02/24
Total Gross Payroll
Employee Deductions:
Illinois Municipal Retirement Fund
Police Pension Fund
Fire Pension Fund
Federal Tax Withholding
State Tax Withholding
Social Security and Medicare
ICMA/NACO/457
Court Orders
Insurance Contributions
Aflac Contributions
Mo Vol Life
Police Union Dues
Fire Union Dues
Public Works Union Dues
125-Medical/Dependent Care

$

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

14,235.44
17,769.01
12,512.53
62,854.24
26,175.93
24,835.57
24,854.44
1,357.04
21,924.67
1,142.57
396.78
1,479.00
1,353.23
1,179.79
2,950.96

Total Employee Deductions

215,021.20

Net Payroll
Village Expenses:
Police Pension
Fire Pension
IMRF Pension
Insurance Contributions
Social Security and Medicare

$
$
$
$
$
$

407,741.91

74,321.64
73,381.59
19,037.81
85,943.99
24,835.57

Total Village Expenses
Total Payroll (Gross Payroll plus Village Expenses)

622,763.11

277,520.60
$

900,283.71

Page 5 of 269

Payroll Date: 05/02/24

Employee Deductions

Village Payment into Pensions

Police
Fire
IMRF
Non-Pensionable

Police
Fire
IMRF

Pension
Salary by Pension
Deduction
Plan
$ 17,769.01 $
179,304.34
12,512.53
132,338.28
9,881.27
219,582.95
$
531,225.57

Village
Contribution
$ 74,321.64
73,381.59
19,037.81
$ 166,741.04

Percent of
Pensionable
Salary**
9.910%
9.455%
4.500%
0.000%

Percent
"Match" of
what Employee
Contributes
Percent of Payroll*
41.45%
418.3%
55.45%
586.5%
8.67%
192.7%

*Police and Fire Village contribution rates reflect the State minimum funding requirements. The rates to
match 100% funding by 2040 are 51.5% for Police and 67.3% for Fire.

**IMRF employee contribution percentage is statutorily set at 4.5% of pensionable salary; Tier II enrollees are capped at
$123,489.18 for 2023. A drop in percentage of pensionable salary below 4.5% for employee contribution reflects Tier II enrollees
having met the pensionable wage cap for a given year.

Page 6 of 269

ITEM 6.C.1.
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000

AGENDA ITEM
Board of Trustees Regular Meeting
of
May 14, 2024
SUBJECT:

Replacement of BGC/Police Department HVAC AC7 and AC8

FROM:

Tim O'Malley, Public Works Director

BUDGET SOURCE/BUDGET IMPACT: $490,000 ($245,000 each unit) is budgeted in this
year’s FY2024 budget using account # 411-90400 and an additional $500,000 is available
through grant funds allocated to Oak Brook by the Department of Commerce and Economic
Opportunity (DCEO), $250,000 for AC7 (SD240551) and $250,000 for AC8 (SD240338).
RECOMMENDED MOTION: I move that the Village Board authorize staff to seek bids for
Professional Services for the Oak Brook Police Department HVAC units AC7 & AC8.
Background/History:
The Village of Oak Brook Police Department relies on an HVAC unit situated outdoors, between
the Butler Government Center and The Heritage Center. The unit was manufactured and installed
around 2002. According to the American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE), this HVAC unit has exceeded its recommended serviceable life
expectancy of 15 to 20 years. The age of the units has made it increasingly more prone to
breakdowns and malfunctions and thus causing disruptions in daily police operations.
Additionally, age has also made it increasingly harder to procure the necessary maintenance and
repair parts needed to keep the units operational, sometimes having to source parts from outside
the region and/or used parts, causing excessive delays in repairs. The result is excessive
downtime for heating and cooling in a 24/7 departmental operation.
Consequently, the Public Works Department is seeking the board's approval to solicit proposals
from qualified vendors for the engineering and replacement of these critical HVAC units, known
as AC7 and AC8. The current year’s budget has a combined total of $490,000.00 in account 41190400 and an additional $500,000.00 in DCEO grant money has been allocated to the Village.
Recommendation:
I move that the Village Board authorize staff to seek bids for Professional Services for the
Village of Oak Brook Police Department HVAC AC7 & AC8.

Page 7 of 269

Attachments:
None

Page 8 of 269

ITEM 6.C.2.
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000

AGENDA ITEM
Board of Trustees Regular Meeting
of
May 14, 2024
SUBJECT:

Professional Services for BGC Roof Replacement.

FROM:

Tim O'Malley, Public Works Director

BUDGET SOURCE/BUDGET IMPACT: $225,000 is budgeted in FY2024 budget in account
# 411-90400.
RECOMMENDED MOTION: I move that the Village Board authorize staff to seek bids for
Professional Services for the Oak Brook Butler Government Center roof replacement.
Background/History:
The Oak Brook Butler Government Center’s Administration, Finance, and Police Department
areas are housed in the original part of Village Hall that was constructed in 1973. Our records
indicate that the current exterior roofing materials in this area were last replaced in or about
1986. At that time a single-ply one-piece polar white membrane roofing material manufactured
by Cooley Roofing Systems marketed under the trade name Cool Top 40 and was installed by
Anthony Roofing. Remarkably, the roof has held up well and has even surpassed its intended
lifespan of 25-30 years.
However, signs of wear and tear have begun to manifest, and the roof's once impermeable shield
has begun to falter. Multiple areas have had temporary repairs performed to stop water leakage.
The current roof can no longer effectively keep the rain out, is requiring excessive repair calls
and patches, and is now creating additional structural issues.
Public Works is seeking authorization to obtain quotes from qualified vendors for roofing
replacement options and costs. $225,000.00 is budgeted in FY2024 within account 411-90400.
Recommendation:
I move that the Village Board authorize staff to seek bids for Professional Services for the Oak
Brook Butler Government Center.
Attachments:

Page 9 of 269

None

Page 10 of 269

ITEM 6.C.3.
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000

AGENDA ITEM
Board of Trustees Regular Meeting
of
May 14, 2024
SUBJECT:

Asphalt Material Purchase.

FROM:

Tim O'Malley, Public Works Director

BUDGET SOURCE/BUDGET IMPACT: $36,500 is budgeted in this year’s FY2024 budget,
$5000.00 from 351-62210 (water), $3500.00 from 364-62200 (drainage), $17,500 from 36662200 (pathway), $8000.00 from 330-62210 (streets) and $2500.00 (golf maintenance) from
834-72000.
RECOMMENDED MOTION: I move that the Village Board authorize staff to seek bids for
Professional Services for Asphalt Material Purchase.
Background/History:
This request is to purchase binder course asphalt, surface course asphalt, and tack coat. With
these products the Public Works department is planning to pave the multi-use path along Oak
Brook Road from Polo to Bath and Tennis Drive.
The Department is also planning on doing more path repairs along Kingston Drive and at the
Golf course cart paths. This material is also used for roadway restorations from water main
breaks, storm sewer repairs, as well as miscellaneous pothole repairs.
The funds for this material are provided from various program budgets at the Village.
Recommendation:
I move that the Village Board authorize staff to seek bids for Professional Services for Asphalt
Material Purchase.
Attachments:
None

Page 11 of 269

ITEM 6.C.4.
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000

AGENDA ITEM
Board of Trustees Regular Meeting
of
May 14, 2024
SUBJECT:

Professional Services for Water Facility Security Upgrades

FROM:

Tim O'Malley, Public Works Director

BUDGET SOURCE/BUDGET IMPACT: Budget account 451-91000. This is an unbudgeted
project. However, the savings from the Briarwood Lakes and Merry Lane water main projects
will be used to fund this project. This project will cost approximately $100,000 out of the
$1,058,997.44 of aforementioned project savings.
RECOMMENDED MOTION: I move that the Village Board authorize staff to seek bids for
Professional Services for Water Facility Security Upgrades.
Background/History:
The current alarm system at the water stations are over 30 years old and were installed as part of
the original Scada system. The system was then upgraded in 2009. This antiquated alarm
system requires modernizing at the water stations. We are looking to have a review of our
current security alarm system and receive proposals for replacement, including intrusion alarms
panels, keypads, sensors, access control, and motion detectors.
By upgrading this system the Village will be positioned to meet new requirements and be able to
upgrade with new technology. These upgrades are imperative to meet all current and proposed
security requirements which are mandated by the Federal Emergency Management Agency
(FEMA) and the Environmental Protection Agency (EPA).
Recommendation:
I move that the Village Board authorize staff to seek bids for Professional Services for Water
Facility Security Upgrades.
Attachments:
None

Page 12 of 269

ITEM 6.D.1.
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000

AGENDA ITEM
Board of Trustees Regular Meeting
of
May 14, 2024
SUBJECT:

Zoning Code Amendments

FROM:

Rebecca Von Drasek, Development Services Director

BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer the request for a text amendment to the
Planning & Zoning Commission for a public hearing, discussion, and recommendation.
Background/History:
Village staff has initiated a petition for multiple text amendments to the Zoning Ordinance.
These text amendments originated from elected officials and staff discussions about unregulated
and outdated references within the Village Code.
In 2015, the Village worked with Teska Associates to draft a comprehensive Code update. Kon
Savoy presented the draft amendments at multiple Plan Commission meetings in 2017. The
revisions to the Zoning Ordinance were never presented to the Zoning Board of Appeals and not
adopted.
At the February 27, 2024 Village Board meeting staff presented draft language which
incorporated some of Teska Associates' draft and language addressing current concerns. The
revised text was provided to the Planning & Zoning Commission at the March 6, 2024 meeting
to allow Commissioners adequate time to review the proposed revisions prior to the public
hearings.
Since the March meeting, staff has incorporated minor revisions requested by the Village Board
and P&Z Commissioners and is now seeking referral the Planning & Zoning Commission to
hold public hearings to discuss the proposed text amendments.
Following is a table highlighting the Text Amendments and their location within the Village
Code.

Page 13 of 269

The proposed language is attached, text that has been added is redlined and underlined and text
that is being deleted has been stricken out. Revisions to the materials since the March meeting of
the P&Z Commission are highlighted in yellow.
Recommendation:
Staff recommends the text amendments be referred to the Planning & Zoning Commission for a
public hearing, discussion, and recommendation.
Attachments:
1. Final Draft VOB MTG 5.14.2024 sm

Page 14 of 269

TITLE 13
ZONING REGULATIONS
CHAPTER 1
TITLE, PURPOSE AND INTENT
SECTION:
13-1-1: Title
13-1-2: Purpose And Intent
13-1-3: Interpretation Of Provisions
13-1-4: Separability

13-1-1: TITLE:
This Title shall be known, cited and referred to as the ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK, ILLINOIS OF 1966. (Ord. G-60, 3-22-1966)

13-1-2: PURPOSE AND INTENT:
A. Purpose: This Title is adopted to the end that:
1. Adequate natural light, pure air and safety from fire and other dangers may be
secured.
2. Value of land and structures throughout the Village may be conserved.
3. Congestion in the public streets may be lessened or avoided.
4. Hazards to persons and damage to property resulting from the accumulation or
runoff of storm or flood waters may be lessened or avoided.
5. Aesthetic values throughout the Village may be preserved and enhanced.
6. Public health, safety, comfort, morals, convenience and general welfare may
otherwise be promoted.
B. Intent: To achieve these ends, this Title sets forth regulations and standards to:
1. Regulate and limit the height and bulk of structures hereafter erected.
2. Establish, regulate and limit setback lines along streets.
3. Regulate and limit the intensity of the use of lot areas, and to regulate and determine
the area of open spaces within the surrounding structures.
Oak Brook Zoning Ordinance Update: 5.08.2024

Page 15 of 269

4. Classify, regulate and restrict the location of trades and industries and the location
of structures designed for industrial, business, residential and other specified uses.
5. Divide the entire Village into districts of such number, shape, area and of such
different classes as may be suitable.
6. Prohibit structures or uses incompatible with the character of such districts.
7. Fix standards to which structures therein shall conform.
8. Prevent additions to, and alteration or remodeling of, exiting structures in such a way
as to avoid the restrictions and limitations lawfully imposed under this Title.
9. Provide for the gradual elimination of structures and uses which are incompatible
with the character of the districts in which they are located.
10. Define and limit the powers and duties of the administrative officers and bodies as
provided in this Title.
11. Prescribe penalties for the violation of the provisions of this Title, or of any
amendment thereto. (Ord. G-60, 3-22-1966)

13-1-3: INTERPRETATION OF PROVISIONS:
In their interpretation and application, the provisions of this Title shall be held to be the
minimum requirements for the promotion and protection of the public health, safety,
comfort, morals, convenience and general welfare. In addition:
A. Where the conditions imposed by any provision of this Title upon the: 1) use of land or
structures; 2) height and bulk of structures; 3) floor area requirements; 4) lot area and
width requirements; and 5) yard and other open space requirements are more restrictive or
less restrictive than comparable standards imposed by any other provision of this Title or
of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which
are more restrictive, or which impose higher standards or requirements, shall govern.
B. This Title is not intended to abrogate any easement, covenant or other private
agreement.
C. No use or structure not lawfully existing at the time of the adoption of this Title shall
become or be made lawful solely by reason of the adoption of this Title; and to the extent
that, and in any manner that, said unlawful structures or use are in conflict with the
requirements of this Title, said structure or use remains unlawful under the provisions of
this Title. (Ord. G-60, 3-22-1966)

Oak Brook Zoning Ordinance Update: 5.08.2024

Page 16 of 269

13-1-4: SEPARABILITY:
It is hereby declared to be the intention of the Village President and Board of Trustees that
the several provisions of this Title are separable, in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provisions of this Title to be
invalid, such judgment shall not affect any other provision of this Title not specifically
included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Title to a particular property or structure, such judgment shall not affect
the application of said provision to any other property or structure not specifically included
in said judgment. (Ord. G-60, 3-22-1966)

Oak Brook Zoning Ordinance Update: 5.08.2024

Page 17 of 269

CHAPTER 2
DEFINITIONS
SECTION:
13-2-1: Rules Of Word Construction
13-2-2: Definitions

13-2-1: RULES OF WORD CONSTRUCTION:
In the construction of this Title the rules and definitions contained in this Section shall be
observed and applied, except when the context clearly indicates otherwise.
In addition:
A. The present tense includes the future and the future the present; the singular number
includes the plural and the plural the singular; the word "shall" is mandatory, and the word
"may" is permissive.
B. The material under each caption or heading in this Title shall be construed and limited
in a manner consistent with the applicable captions or headings and subheadings. (Ord. G60, 3-22-1966)

13-2-2: DEFINITIONS:
The following words and terms, when used in this Title, shall have the meaning set forth
after each:
ABUTTING: To have a common property line or district line.
ACCESSORY: A use, structure, or part of a structure, which:
A. Is subordinate to and serves the principal use or structure.
B. Is subordinate in area, extent or purpose to the principal use or structure.
C. Contributes to the comfort, convenience or necessity of occupants of the principal
use or structure.
D. Is located on the same lot as the principal use or structure served, with the exception
of accessory off-street parking facilities as are permitted elsewhere than on the same lot
with the use or structure.
ACCESSORY LIVING UNIT: A detached accessory building that provides living space (as
defined by International Residential Code, Chapter 2, Definitions) in a location other than

Oak Brook Zoning Ordinance Update: 5.08.2024

Page 18 of 269

the principal residence. A detached accessory living unit may be located in a pool house,
detached garage, or other similar accessory building or structure.
ADJACENT: Touching, as distinguished from lying near.
ADJOINING: Touching or contiguous, as distinguished from lying near.
AGRICULTURE: Farming, dairying, pasturage, agriculture, horticulture, floriculture,
viticulture and animal and poultry husbandry and accessory uses customarily incidental to
normal agricultural activities.
AIRPORT: A lot which is used, or intended, for the landing and takeoff of aircraft, together
with all structures located thereon.
ALLEY: A public or private right of way, other than a street, less than thirty feet (30') in
width, which right of way normally affords secondary means of access to abutting
properties.
APARTMENT: A room or suite of rooms in a multiple-family structure, which is
arranged, designed, used or intended to be used as a single housekeeping unit. A
private bathroom and basic kitchen facilities, i.e., sink, stove, and refrigerator
permanently installed must always be included for each apartment.

ARBOR: A landscape structure or shelter support by at least 4
columns or poles, consisting of latticework to support climbing
shrubs or vines. For the purposes of this Title, an arbor is not a
fence and is an accessory structure.
ASSISTED LIVING FACILITY: A facility providing housing and
services for a group of persons, typically elderly, which may
include provision of meals, housekeeping, and personal care
assistance.

Arbor

ALTERATION: A change in size, shape, character or use of a structure.
AUTOMOBILE LAUNDRY: A building or portion thereof containing facilities for washing
more than two (2) motor vehicles, using production line method.
AUTOMOBILE CHARGING FACILITY, RESIDENTIAL: An electrical charging device for
licensed electric or hybrid motor vehicles, provided that the charging device and vehicle
being charged are completely enclosed within a single-family residence or accessory
structure.
AUTOMOBILE CHARGING FACILITY, COMMERCIAL: An electrical charging device or group
of devices for licensed electric or hybrid motor vehicles, other than those defined as
“AUTOMOBILE CHARGING FACILITY, RESIDENTIAL”.
Oak Brook Zoning Ordinance Update: 5.08.2024

Page 19 of 269

AUTOMOBILE MINI-MARKET: An automobile service station which includes the retail sale
of merchandise or services not related to the maintenance, service or repair of motor
vehicles in addition to the sale of fuel, oil and accessories for motor vehicles. Such use
shall be located entirely within the buildable area and the building floor area, including all
storage for such use, which may not exceed one two thousand (12,000) square feet.
AUTOMOBILE SERVICE STATION FACILITY: A building or portion thereof or lot used for
offering for sale at retail to the public, fuels, oils and accessories for motor vehicles; where
repair service is incidental, where no storage or parking space is offered for rent and where
no motor vehicles or boats are offered for sale or rent. When such dispensing, sale or
offering for sale is incidental to the conduct of a public garage, the premises are classified
as a public garage.
AWNING: A roof like projection, rigid or retractable in operation, which projects from the
wall of a building.
BASEMENT. A story that is not a story above grade plane
(see “Story above grade plane”)BASEMENT: A story having part but not more than one-half
(1/2) of its floor to clear ceiling height below grade. When a basement is used for storage,
or garages for use of occupants of the building, or other facilities common for the
operation and maintenance of the entire building, it shall not be counted as a story.
BI-LEVEL: A dwelling having one story at approximate grade level and a second story onehalf (1/2) story higher over a habitable basement approximately one-half (1/2) of which
basement is above grade level.
BLOCK: A tract of land bounded by streets, or by a combination of street, railroad rights of
way, public parks, permanent open space and other lines of demarcation. A block may be
located in part beyond the corporate limits of the village.
BOARD OF TRUSTEES: The president and board of trustees of the village of Oak Brook,
Illinois.
BUILDABLE AREA: That portion of a lot which meets at least the minimum width
requirements and setback lines of the district within which it is located (see definition of
Lot Width, and illustrations in Chapters 6 and 7).
BUILDING: A structure having a roof designed or built for the enclosure, shelter or
protection of persons, animals, chattels or movable property of any kind and which is
permanently affixed to the land.
BUILDING, ACCESSORY: A subordinate building or portion of a principal building, the use
of which is incidental to that of the principal building and customary in connection with
that use.

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BUILDING, COMPLETELY ENCLOSED: A building with a permanent roof separated on all
sides from the adjoining open space or from other structures, by exterior walls or party
walls, pierced only by windows and normal entrance and exit doors.
BUILDING COVERAGE: The horizontal area measured from the outside of the
exterior walls of the ground floor of all principle and accessory buildings on a lot.

BUILDING, DETACHED: A building surrounded by open space on the same lot.
BUILDING, PRINCIPAL: A nonaccessory building in which the primary use of the lot on
which it is located is conducted.
BUILDING, TEMPORARY: A building not designed or intended to be permanently located at
the place where it is, or where it is intended to be, placed or affixed.
BULK: The term used to indicate the size, location and number of structures, including: a)
size and height of structures; b) location of exterior walls; c) floor area ratio; d) open space
allocated to structures; and e) lot area and lot width.
BURIAL STRUCTURES: Aboveground structures within cemeteries, other than community
burial structures, used, or intended to be used, for the entombment of human remains,
including, without limitation, mausoleums, columbaria, and other similar structures.
BUSINESS: An occupation, employment or enterprise which occupies time, attention,
labor and materials; or wherein merchandise is exhibited or sold or services are offered.
CANDLEPOWER: The luminous intensity, as evaluated in effectiveness of stimulating
visual sensation, of any radiation in a given direction. The international candle was
adopted in 1940 as one-sixtieth (1/60) of the brightness of freezing platinum.
CAR WASH: A building or portion thereof containing facilities for washing more
than two (2) motor vehicles, using production line method.
CARPORT: A roofed automobile shelter, with two (2) or more open sides.
CELLAR: A story having more than one-half (1/2) of its floor to clear ceiling height below
grade. A cellar is not included in computing the number of stories for the purpose of height
measurement.
CEMETERY: Any land or structure dedicated to and used, or intended to be used, for the
burial, interment, or entombment of human remains, and related accessory uses.
CEMETERY ACCESSORY STRUCTURES: Structures used in support of and accessory to a
cemetery use, including, without limitation, caretaker or similarly used residences,
greenhouses, sales offices, storage buildings, administrative offices, and other similar
structures accessory to a cemetery.

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CLINIC, MEDICAL OR DENTAL: A building or portion thereof, the principal use of which is
for offices of physicians or dentists, or both, for the examination and treatment of persons
on an outpatient basis.
CLOSED CUP FLASHPOINT: The lowest temperature at which a combustible liquid under
the most favorable condition will give off a flammable vapor which will burn immediately.
CLUB OR LODGE, PRIVATE: A structure or part thereof used by a not for profit association
of persons who are bona fide members and where facilities are restricted to members and
their guests. Food and alcoholic beverages may be served on its premises provided they
are secondary and incidental to the principal use.
COCKTAIL LOUNGE: An establishment where refreshments having alcoholic contents, as
stipulated by law, are sold to be consumed on the premises, but not including restaurants
where the principal business is the serving of food, except restaurants where accessory
cocktail lounges are permitted by district regulations of this title.
COMMERCIAL THOROUGHFARE: A "roadway", as defined in this section, depicted or
described as a principal arterial street or a collector route in the official comprehensive
plan and official map of the village, and those local roadways that have substantial footage
abutting and adjoining properties zoned ORA or business.
COMMUNITY BURIAL STRUCTURES: Aboveground structures over twenty feet (20') in
height used, or intended to be used, for the entombment of human remains, located in or
near the center of a cemetery in accordance with their specific applicable regulations in
this title, including, without limitation, mausoleums, columbaria, and other similar
structures.
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.
CONFORMING STRUCTURE: Any structure which: a) complies with all the regulations of
this title governing the district in which said structure is located; or b) is designed or
intended for a permitted use or special use, as allowed in this title in the district in which it
is located.
CORNER: The meeting place of two (2) converging surfaces.
COURT: An open unoccupied space, other than a yard, on the same lot with a building or
group of buildings, and which is bounded on two (2) or more sides by such building or
buildings.
Data Center: A facility used primarily for the storage, management, processing, and
transmission of digital data, which houses computer and/or network equipment, systems,
servers, appliances and other associated components related to digital data operations.
Such facility may also include air handlers, power generators, water cooling and storage
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facilities, utility substations, and other associated utility infrastructure to support
sustained operations at a data center.
DAYCARE CENTER: A facility in which are received three (3) or more children, not of
common parentage, apart from their parents or guardians, for part or all of the day, but not
later than nine o'clock (9:00) P.M. The term "daycare center" includes, but is not limited to,
nursery schools, childcare centers, day nurseries and playgroups, but does not include
kindergartens or nursery schools operated by public or private elementary or secondary
school systems.
DEVELOPMENT PLAN: A proposal for the development of a parcel of land zoned or to be
zoned ORA3 containing a statement setting forth the information specified in subsection
13-10C-6C1 of this title, and a plat setting forth graphically the information specified in
subsection 13-10C-6C2 of this title.
DIRECTOR OF COMMUNITY DEVELOPMENT SERVICES: The official of the village, duly
appointed and designated as its director of community development services.
DISABILITY: Any person who has a physical or mental impairment that substantially
limits one or more major life activities; has a record of such impairment; or is
regarded as having such an impairment.
DOCTOR’S OFFICE: A doctor’s office is a medical facility which is not a medical
clinic, and consists of up to four treatment rooms, either general practitioners or
specialists, which receive and treat patients. Patients at a doctor’s office are
typically visiting for regular check-ups and do not require any intense form of
hospitalization. A doctor’s office shall not exceed one (1) doctor.
DOG RUNS/KENNELS: Enclosures constructed for the purpose of containing
dog(s) outside of the principal structure on a property.
DRIVE-IN ESTABLISHMENT: A structure or part thereof in which are provided facilities
primarily for serving patrons parked in automobiles on the premises.
DUPLEX: A structure containing two (2) dwelling units, each of which has separate and
direct access to the outside.
DWELLING: A building or portion thereof designed or used exclusively for residential uses,
including single-family and multiple-family dwellings, but not including mobile homes or
other trailers, or lodging rooms in hotels, motels or lodging houses.
DWELLING, ATTACHED (TOWNHOUSE, GROUP, ROW OR GARDEN APARTMENT): A
multiple-family dwelling originally designed and constructed to accommodate three (3) or
more dwelling units, with the dwelling units joined together by party wall or walls. Each unit
shall have its own ground floor entrance and living space.
DWELLING, DETACHED: A dwelling which is surrounded on all sides by open spaces on the
same lot.
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DWELLING, MULTI-FAMILY, AGE-RESTRICTED: An age-restricted or age-targeted
development containing two (2) or more dwelling units and which may include
independent living, assisted living, or senior congregate living.
DWELLING, MULTIPLE-FAMILY: A dwelling containing two (2) or more dwelling units.
DWELLING, SEMIDETACHED (TOWNHOUSE, GROUP, ROW OR GARDEN APARTMENT): A
dwelling joined to one other dwelling by a party wall, or vertical cavity wall, and
aboveground physically unifying horizontal structural elements.
DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit only.
DWELLING UNIT: One or more rooms which are arranged, designed or used as living
quarters for one family only. Individual bathrooms and complete single kitchen facilities,
permanently installed to serve the entire family, shall always be included within each
dwelling unit.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom,
kitchen, hallway, closets and may contain dining alcove directly off the principal room
provided that such dining alcove does not exceed one hundred twenty five (125) square
feet in area.
ELECTRIC DISTRIBUTION CENTER: A terminal at which electric energy is received from the
transmission system and is delivered to the distribution system only.
ELECTRIC SUBSTATION: A terminal at which electric energy is received from the
transmission system and is delivered to other elements of the transmission system and,
generally to the local distribution system.
ENCLOSED PARKING: Parking which is housed in a parking structure, or in a portion of the
principal building on a lot, which is completely under a permanent roof and with sidewalk
enclosures so designed as to screen the parked cars from view from the exterior of the
structure. Completely open wall sections shall be permitted only for entrance and exit
driveways. Access to all parking spaces shall be from aisles within the structure.
ERECT: To construct or reconstruct or excavate, fill, drain or conduct physical operation of
any kind in preparation for or in pursuance of construction or reconstruction or to move a
structure upon a lot.
ESTABLISHMENT, BUSINESS: A structure or lot used in whole or in part as a place of
business, the ownership or management of which is separate and distinct from the
ownership or management of any other place of business located on the same or other lot.
EXISTING CEMETERIES AND STRUCTURES: Any cemetery, and the cemetery structures
existing therein, existing as of January 22, 2013.
FALLOUT SHELTER: An accessory structure and use which incorporates the fundamentals
for fallout protection - shielding mass, ventilation, and space to live, and which is
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constructed of such materials, in such a manner, as to afford to the occupants substantial
protection from radioactive fallout. It shall not be used for storage purposes, other than for
food, clothing, medical supplies and materials required for temporary shelter.
FAMILY: One person or two (2) or more persons each related to the other by blood,
marriage or legal adoption, or a group of not more than three (3) persons not all so related,
together with his or their domestic servants, maintaining a common household in a
dwelling unit. A family may include, in addition thereto, not more than two (2) roomers,
boarders or permanent guests - whether or not gratuitous.
FENCE: A structure used to delineate a boundary, or as a barrier, or as a means of
confinement or for confinement.
FENCE, OPEN: A fence, including gates, which has, over its entirety, fifty percent (50%) of
the surface area in open space as viewed from an angle of ninety degrees (90°) from the
fence line, except that the required open space in louver-type fences may be viewed from
any angle, and excluding metal fences with more than seventy five percent (75%) of its
surface area open space.
FENCE, SOLID: A fence, including gates, which conceals from view from adjoining
properties, streets or alleys, activities conducted behind it.
FENCE TYPE STRUCTURE: Any fence, or part thereof, located in the buildable area of a
property and not located in any required yard. "Fence type structures" include solid privacy
screens and open patio enclosures. A "fence type structure" shall not include any part of a
fence located outside of the buildable area of a property.
FLOOR AREA FOR DETERMINING FLOOR AREA RATIO: The sum of the gross horizontal area
of the several stories including the basement of a building, measured from the exterior
faces of the exterior walls, or from the center lines of walls separating two (2) buildings.
The floor area shall also include the horizontal areas on each story devoted to: a) elevator
shafts and stairwells; b) mechanical equipment, except that located on roofs whether
open or enclosed, i.e., bulkheads, water tanks, and cooling towers; c) habitable attic
space as permitted by the building code of the Village; d) interior balconies and
mezzanines; e) enclosed porches; and f) accessory uses. The horizontal area in every story
of a building devoted to enclosed off-street parking and off-street loading facilities shall
not be included in the floor area.
FLOOR AREA FOR DETERMINING OFF-STREET PARKING AND LOADING REQUIREMENTS:
Floor area when prescribed as the basis of determining off-street parking and off-street
loading requirements shall be the sum of the gross horizontal area of the several stories of
a structure taken from glass line to glass line and including the structure's primary and
permanent working area, but excluding the basement.
FLOOR AREA RATIO: The numerical value obtained by dividing the floor area within a
building or buildings on a lot by the area of such lot. (The floor area ratio as designated for
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each district, when multiplied by the lot area in square feet, shall determine the maximum
permissible floor area for the building or buildings on the lot).
FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are
one foot (1') distance from a uniform point source of one candlepower.
FOOT-LAMBERT: A unit of brightness, usually of a reflecting surface. A diffusion surface of
uniform brightness reflecting or emitting the equivalent of the light from one candle at one
foot (1') distant over one square foot has a brightness of one foot-lambert.
FREE-BURNING: The rate of combustion of a material which burns actively and easily
supports combustion.
FREQUENCY: Signifies the number of oscillations per second in a sound wave and is an
index of the pitch of the resulting sound.
GARAGE, PUBLIC: A building or portion thereof, other than a storage garage, designed or
used for equipping, servicing, repairing motor vehicles. Hiring, selling and storing of motor
vehicles may be included.
GARAGE, STORAGE: A building or portion thereof designed or used exclusively for storage
of motor vehicles and in which fuels and oils are not sold, except as regulated in this Title,
and in which no motor vehicles are equipped, repaired, hired and sold.
GATE: A structure that may be swung, drawn or lowered to block an entrance or
passageway. A gate may be part of a fence or may exist separately.
GROSS DENSITY: Ratio between total number of dwelling units on a lot and total lot area in
acres. The area to include local streets.
GROUND FLOOR AREA: The lot area covered by a principal building measured at
grade from the exterior faces of the exterior walls, but excluding open porches or
terraces, garages or carports.

GROUP HOME: A dwelling unit shared by no more than eight (8) persons not related
by blood, marriage, adoption, or guardianship, plus their resident staff, who live
together as a single housekeeping unit and in a long term family like environment in
which staff persons assist in providing care, education and participation in
community activities for the residents with the primary goal of enabling residents to
live as self-sufficiently as possible in order to function at their maximum potential. A
group home may be shared by groups such as, but not limited to, the disabled or
persons fifty-five (55) years of age or older, but shall not include halfway houses,
hospices, or living quarters which serve persons as an alternative to incarceration for
a criminal offense.

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GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house,
hotel, apartment hotel or motel accommodation as his place of permanent residence.
HABITABLE VEHICLE: A vehicle designed, constructed or modified to permit its use as
temporary or permanent living or working quarters, recreational vehicles and campers.
HEALTH CLUB: The meeting place of a group of persons organized for the purpose of
improving the general condition of their health through exercise.
HELICOPTER: Any rotary wing aircraft which depends principally for its support and motion
in the air upon the lift generated by one or more power driven rotors rotating on a
substantially vertical axis.
HELIPORT (NOT FOR FREIGHT): Any area of land, water or structural surface which is
designed, used or intended to be used for the landing and takeoff of helicopters and any
pertinent areas which are designed, used or intended to be used for a heliport building or
other facilities which have received a certificate of approval from the Division of
Aeronautics, State of Illinois, Department of Transportation and a special use permit from
the Village to operate said heliport.
HOME OCCUPATION: A gainful occupation or profession conducted entirely within
a dwelling unit.(as further described in Chapter 6).
HOTEL: A building or buildings, sometimes designated as a motel, motor inn or highway
hotel, containing not less than fifty (50) eighty (80) lodging rooms, where lodgings are
provided for compensation, but excluding apartment hotels as defined in this Section. A
hotel may include dining and meeting rooms, and business uses commonly incidental to a
hotel operation.
HOTEL, APARTMENT: A hotel in which more than fifty percent (50%) of the
accommodations are in dwelling units occupied or intended for occupancy by permanent
guests.
INSTITUTION: A building occupied by a religious, educational, scientific or charitable notfor-profit corporation or organization, wholly for public or semi-public use.
JUNKYARD: A lot, with or without accessory structures, used for the abandonment,
storage, keeping, collecting, buying, selling, exchanging, baling, packing, disassembling or
handling scrap or discarded materials, including vehicles, machinery and equipment not in
operable condition, or parts thereof, and other metals, paper, rags, rubber tires and
bottles.
KENNEL Commercial: A place or premises where dogs, cats or other household domestic
animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept
for the purpose of sale.
LAMBERT: 1/929 of a foot-lambert, usually used to designate intrinsic brightness of light
sources.
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LAUNDERETTE: A business that provides coin-operated self- service washing, drying, drycleaning or ironing facilities, provided no pickup or delivery service is maintained.
LOADING BERTH: A space within the principal building or on the same lot as the principal
building providing for the standing, loading or unloading of trucks and with access to a
street or alley.
LODGING HOUSE: A building originally designed for and used as a single or two-family
dwelling, all or a portion of which contains lodging rooms which accommodate persons
who are not members of the keeper's family and where lodging or meals, or both, are
provided for compensation for three (3) or more persons.
LODGING ROOM: A room or suite of rooms rented as sleeping and living quarters, but
without cooking facilities. In a suite of rooms, each room which provides sleeping
accommodations shall be counted as one lodging room for the purpose of this Title.
LOT: A parcel of land consisting of adjoining parts which, at the time of filing for a building
permit, is designated by its owner or developer as a parcel to be used, developed, or built
upon as a unit, under single ownership or control. Therefore, a "lot" may or may not
coincide with a lot of record.
LOT AREA: The area of a horizontal plane bounded by lot lines. For the purposes of meeting
minimum lot area requirements, the land area of a lot used for providing private access
rights of way shall not be included.
LOT, CORNER: A lot of which at least two (2) adjacent sides abut for their full lengths upon
streets; provided, that the interior angle of the intersection of such two (2) sides is less
than one hundred thirty five degrees (135°).
LOT COVERAGE: The percentage of a zoning lot's area covered by all roofed structures on
the lot (i.e. principal and attached accessory structures), and NOT detached accessory
structure.
LOT, INTERIOR: A lot that is not a corner lot.
LOT LINE ADJOINING A STREET: A front lot line, the side lot line of a corner lot which abuts
a street, or a rear lot line of a through lot.
LOT LINE, FRONT: The boundary of a lot abutting a street. On a corner lot, either lot line
may be construed to be the front lot line by the owner.
LOT LINE, INTERIOR: A lot line which does not abut a street.
LOT LINE, REAR: An interior lot line which is most distant from and is or is almost within 45
degrees of parallel to the front lot line, and in the case of an irregular- or triangular-shaped
lot, a line ten feet (10') in length within the lot, which is parallel to and the corner point
which is at a maximum distance from the front lot line.
LOT LINE, SIDE: An interior lot line which is not a front lot line or a rear lot line.
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LOT LINES: The property lines bounding a lot.
LOT OF RECORD: A single lot which is part of a subdivision, the plat of which has been
recorded in the office of the Recorder of Deeds of DuPage County, Illinois, which has a
minimum lot area equal to or greater than ten thousand (10,000) square feet and a
minimum lot width equal to or greater than sixty feet (60'); or any lot legally created prior to
November 9, 1971, which: a) has a minimum lot area equal to or greater than ten thousand
(10,000) square feet and a minimum width equal to or greater than sixty feet (60'); b) for
which an assessment plat has been filed with the recorder of deeds of DuPage County,
Illinois, pursuant to the provisions of 35 Illinois Compiled Statutes 205/35.
LOT, REVERSED CORNER: A corner lot, the street side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
LOT, THROUGH: A lot having frontage on two (2) streets, but excluding corner or reversed
corner lots.
LOT WIDTH: The length of a line parallel to the street measured at the front lot line, except
on a curvilinear street where it shall be a line parallel to the street measured at the setback
line.
MANUFACTURING ESTABLISHMENT: A lot and structure, the principal use of which is
manufacturing, fabricating, processing, assembling, repairing, storing, cleaning, servicing,
or testing of materials, goods or products.
MARQUEE: A rooflike structure of a permanent nature which projects from the wall of a
building.
MEDICAL CLINIC: A healthcare facility that is not a doctor’s office but is primarily
devoted to the care of outpatients who are treated without staying at the facility
overnight. Either publicly or privately owned, medical clinics typically cover the
primary healthcare needs of the population within the community. A medical clinic
requires more than one (1) doctor.
MEMORIAL STRUCTURES: Aboveground structures within cemeteries: a) installed for the
purpose of marking, commemorating, or honoring a deceased person and b) not used for
the aboveground entombment of human remains, including, without limitation, grave
stones, family estate markers, ornamental benches, vases and other decorative
structures, and similar aboveground structures.
MICROBREWERY OR BREW PUB: A restaurant-brewery that brews beer primarily for
sale in a restaurant and is dispensed directly from the brewery’s storage tanks. Total
production capacity shall not exceed 15,000 barrels per calendar year (465,000
gallons). One (1) U.S. barrel is equivalent to thirty-one (31) gallons.
MICRODISTILLERY: A small-scale artisan manufacturing business that blends,
ferments, processes, packages, distributes, and serves alcoholic spirits on and off
the premises and produces no more than 15,000 gallons per calendar year on-site.
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The micro distillery facility may include an ancillary tasting room and retail
component in which guests/customers may sample and purchase the product.
Offsite distribution of alcoholic beverages shall be consistent with state law.
MICROWINERY: Combination retail, wholesale and small-scale artisan
manufacturing business that blends, ferments, processes, packages, distributes
and serves wine for sale on or off-site, and produces no more than 100,000 gallons
per year. The micro winery facility may include an ancillary tasting room and retail
component in which guests/customers may sample and purchase the product.
Offsite distribution of the vinous beverages shall be consistent with state law.
MICRON: A unit of length, equal to one-thousandth part of one millimeter (0.001 mm).
MOBILE FOOD VENDING (Food Trucks). A licensed, motorized vehicle or mobile food
unit which is readily movable, motorized-wheeled vehicle or a towed vehicle where
food items are sold to the general public, but which does not include mobile vending
carts. A mobile food vehicle must be owned and operated by the owner, or agent of a
licensed food establishment in the Village and must be affiliated with that
establishment.
MOBILE HOME: A trailer designed and constructed or used for dwelling purposes
which contains cooking, sanitary and electrical facilities, and has a gross floor area
of four hundred twenty (420) square feet or more.
MOTOR VEHICLE: A passenger vehicle, habitable vehicle, truck, truck trailer, trailer or
semitrailer propelled or drawn by mechanical power.
NAMEPLATE: A sign indicating the name and address of a building, or the name of an
occupant thereof, and the practice of a permitted occupation therein.
NATURAL GROUND LEVEL: The existing elevation, prior to any movement of organic or
nonorganic matter which would require the issuance of a permit under the ordinances of
the village, or the proposed elevation as depicted on a subdivision grading plan approved
by the village, or as otherwise reasonably determined by the village engineer.
NO ACCESS STRIP: A strip of land within and along a rear lot line of a through lot adjoining a
street which is designated on a recorded subdivision plat or property deed as land over
which motor vehicular travel shall not be permitted.
NONCONFORMING STRUCTURE: A structure lawfully established which: a) does not
comply with all the regulations of this title governing the bulk of the district in which such
structure is located; or b) is designed or intended for a nonconforming use.
NONCONFORMING USE: A structure and the use thereof or the use of land that does not
conform with the regulations of this title governing use in the district in which it is located
but which conformed with all of the codes, ordinances and other legal requirements
applicable at the time such structure was erected, enlarged or altered, and the use thereof
or the use of land was established.
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NURSERY SCHOOL: A building containing facilities for the part time care of five (5) or more
children of preelementary school age in addition to the dwelling unit of the family residing
therein.
NURSING HOME: A building containing facilities for the care of and occupancy by aged,
chronically ill, infirm or incurable persons, or a place of rest for those persons suffering
bodily disorders, in which three (3) or more persons not members of the family residing on
the premises are received, and provided with food, shelter and care, but not including
hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of
disease or injury, maternity cases or mental illness.
OCTAVE BAND: A method of dividing the range of sound frequencies into octaves in order
to classify sound according to pitch.
ODOR: The minimum concentration of odorous matter in the air that can be detected as an
odor.
ODOR THRESHOLD: The minimum concentration of odorous matter in the air that can be
detected as an odor. Odor thresholds for many materials and compounds can be found in
table III, chapter 5, of "Air Pollution Abatement Manual", copyrighted 1951 by the
Manufacturing Chemists Association, Inc., Washington, D.C.
OFF STREET PARKING FACILITY: A lot which is improved and used or a structure
which is designed and used exclusively for the storage of passenger motor vehicles,
either for accessory off street parking spaces or commercial off street parking
spaces. T When the parking structure is an accessory building, it shall be compatible
in appearance with the principal building. An off-street parking facility shall not be a
principal use.
OPEN LAND: A single parcel of land in its natural state or used for agriculture, or outdoor
recreational uses upon which there are located only structures incidental to the operation
of such uses and upon which building coverage does not exceed two percent (2%) of the
area.
OPEN SALES LOT (Automobile Sales): A lot occupied or used for the purpose of buying,
selling, or renting merchandise stored or displayed out of doors prior to sale. Such
merchandise includes automobiles, trucks, motor scooters, motorcycles, boats or similar
commodities.
PARKING SPACE: A space, enclosed in a building or unenclosed, used for the parking of
one automobile and which is accessible to and from a street or alley.
PARTICULATE MATTER: Finely divided solid or liquid matter, other than water, which is
released into the atmosphere.
PARTY WALL: An interior wall of adjoining buildings extending from its footing to the
underside of the roof, and which separates and is in common use by such adjoining
buildings.
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PERFORMANCE STANDARD: Criteria established to control smoke and particulate matter,
noise, odor, toxic matter, vibration, fire and explosion hazards, glare and heat and
radiation hazards generated by or inherent in uses of land or structures.
PERGOLA: An arbor formed of horizontal trelliswork supported on columns or posts,
over which vines or other plants may be trained. (Also see definition of Arbor). For
the purposes of this Title, a pergola is not a fence and is an accessory structure.
PERSONAL SERVICE: Personal services include those establishments which
provide advice, designs, information, commercial education, consultation, job
placement, advertising, finance, insurance and real estate services, generally from
an office with no on-site storage of goods. This includes all types of business
offices and service-type businesses where service is basically on an individual-toindividual or firm-to-firm basis, as opposed to services which are performed on
objects or personal property.
PLAN COMMISSION: The plan commission of the village of Oak Brook, Illinois 2 .
PLANNING & ZONING COMMISSION: The Planning and Zoning Commission of the Village
of Oak Brook is responsible for items of Section 13-14-4 and Section 13-14-7.
PRESERVATION PLAN: A proposal for residential development of existing building or
buildings of historical, architectural or cultural significance containing the information
required in subsection 13-6-4D2 of this title.
PRESERVATION RESTRICTION: A right, whether or not stated in the form of a restriction,
easement, covenant or condition, in any deed, will or other instrument executed by or on
behalf of the owner of the land or in any order of taking, appropriate to the preservation of
areas, places, buildings or structures to forbid or limit acts of demolition, alteration, use or
other acts detrimental to the preservation of the areas, places, buildings or structures of
historical, architectural or cultural significance.
PRESERVATION VISTA: A required open area on a lot measured from the principal structure
to the lot lines or right of way, whichever is closer, within which no building or structure is
permitted, except as specifically authorized pursuant to an approved preservation plan.
PRINCIPAL CORNERS: Not more than five (5) corners of a structure, two (2) of which are
the corners having the lowest and next lowest elevations of all corners in the structure at
the point where they intersect natural ground level.
PYROPHORIC DUST: A dust in a finely divided state in such concentration as to be
combustible or explosive in air.
RADIATION HAZARDS: The deleterious and harmful effects of all ionizing radiation which
shall include all radiation capable of producing ions in its passage through other matter.
Such radiations shall include, but not be limited to, electromagnetic radiations such as Xrays and gamma rays and particulate radiations such as electrons or beta particles,
protons, neutrons and alpha particles.
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RESEARCH LABORATORY: A building or group of buildings in which are located facilities for
scientific research, investigation, testing or experimentation, but not facilities for the
manufacture or sale of products, except as incidental to the main purpose of the
laboratory.
RESERVOIR PARKING SPACES: Those off street parking spaces allocated for temporary
standing of automobiles awaiting entrance to a particular establishment.
RINGELMANN CHART: The chart described in the U.S. bureau of mines information circular
6888, on which are illustrated graduated shades of gray for use in estimating the light
obscuring capacity of smoke and smoke density.
RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides
most nearly with the visual density of emission or the light obscuring capacity of smoke.
ROADWAY: That portion of a street which is used or intended to be used for the movement
of vehicles.
SENIOR CONGREGATE LIVING: Age-restricted or age-targeted housing for ages fifty-five
(55) years or older, where limited or no assistance with daily living activities is needed by
the residents and a state license is not required. "Senior congregate living" is a level of
senior housing between age-restricted independent living facilities and assisted living
facilities. The main difference between senior congregate living and assisted living is that
senior congregate living facilities do not offer assistance with daily living activities.
SENIOR HOUSING: A multiple-family structure containing dwelling units controlled by a
public body, nonprofit corporation for persons fifty five (55) years or older. Types of
projects that fall under this definition include: independent living; assisted living; senior
congregate living, and residential care facilities.
SETBACK: The minimum horizontal distance between a street line/property line, required
side yard or required rear yard and any part of a structure or any edge of the area of
operation of a principal use when no structure is involved. For single-family homes, the
setback is measured between the street property line, side yard or rear yard and the
outside edge of any attached structural protrusion of the structure and/or eave (excluding
gutters and light fixtures).
SHORT-TERM RESIDENTIAL RENTAL: A Residential Structure, as defined herein, offered for
rent for a period which does not exceed thirty (30) consecutive days. The term "Short-Term
Residential Rental" shall not include hotels.
SHORT-TERM RESIDENTIAL RENTAL PROPERTY OWNER: The individual or entity which has
title to the property which is the subject of a Short-Term Residential Rental.
SHOWROOM – FINAL DEFINITION TO BE DETERMINED
Showroom – Any location that: (1) displays or otherwise promotes (physically or
electronically) merchandise available for sale; and (2) where more than 10% of annual gross
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sales (measured by dollar volume) of merchandise so displayed to patrons at such location
are not subject to local Retailers Occupation Tax (as set forth in Section _______ ) at such
location.
OR

Showroom: means any physical business establishment or facility operated by a
retailer engaged in the sale of tangible personal property, whether for or not for
profit, that maintains limited to no available stock or supply of the tangible property
being offered by the retailer on-premises, with the purpose of facilitating or
engaging in any variation of on-premises selling activities--ranging from the
preparation for, and the obtaining of, orders of such to the final consummation of
the sales transaction --with the target consumer through means such as, but not
limited to the display, showcasing, marketing, or testing of the type of tangible
property being offered and of its related counterparts.

SIGN, POLITICAL: A sign or poster concerning candidates for office, public issues or similar
matters. Such signs shall not exceed six (6) square feet in size, shall not be illuminated in
any manner, shall not be affixed to any public utility, pole, tree or natural object, nor be
located within a public right of way, nor create a safety or sight distance problem.
SMOKE: The visible discharge from a chimney, stack vent, exhaust or combustion process
which is made up of particulate matter.
SMOKE UNIT: The number obtained when the smoke density in the Ringelmann number is
multiplied by the time of emission in minutes. For the purpose of this calculation: a) a
Ringelmann density reading shall be made at least once a minute during the period of
observation; b) each reading is then multiplied by the time in minutes during which it is
observed; and c) the various products are then added together to give the total number of
smoke units observed during the entire observation period.
SOUND LEVEL: The intensity of sound of an operation or use as measured in decibels.
SOUND LEVEL METER: An instrument standardized by the American Standards Association
for the measurement of the intensity of sound.
SPECIALTY RETAIL PROGRAM: One or more of the following uses and structures, when
located within designated, interior areas of a shopping center, in districts where permitted
as a special use, and where authorized as a special use: a) permanent pavilions and kiosks
for the preparation, sale and consumption of food and beverages, including adjacent
outdoor seating; b) seasonal, portable carts (also referred to as "mobile units" or "RMUs")
for the sale of prepackaged food and beverages, including adjacent outdoor seating; c)
seasonal merchandising zones containing a defined number of portable carts selling
primarily nonfood merchandise and packaged food gift items not intended for immediate
consumption; d) defined zones for product introduction or promotional activities, such as
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demonstrations and fashion shows; and e) entertainment and performance zones,
including tables and chairs. "Seasonal" shall mean that weather permits the operation of
the portable carts.
STABLE, PRIVATE: A private stable is any building which is located on a lot on which a
dwelling is located, and which is designed, arranged, used or intended to be used for
housing horses for the private use of occupants of the dwelling.
STABLE, PUBLIC: A building where horses are kept for remuneration, hire or sale.
STORY: That portion of a building, other than a cellar, included between the top surface of
the next floor or roof above, except that a space used exclusively for the housing of
mechanical services of the building shall not be construed to be a story if access to such
space may be had only for maintenance of such services. The floor of a story may have
split levels provided that there are not more than four feet (4') difference in elevation
between the different levels of the floor. A basement shall be counted as a story and a
mezzanine floor shall be counted as a story when it covers over one-third (1/3) of the area
of the floor next below it, or if the vertical distance from the floor next below it to the floor
next above it is twenty four feet (24') or more.
STORY ABOVE GRADE PLANE. Any story having its finished floor surface entirely
above grade plane, or in which the finished surface of the floor next above is:
1. More than 6 feet (1829 mm) above grade plane; or
2. More than 12 feet (3658 mm) above the finished ground level at any point.

STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on
at least two (2) opposite exterior walls are not more than three feet (3') above the floor of
such story.
STREET: A permanent public or private right of way which affords a primary means of
access to abutting property.
STREET FRONTAGE: All of the property fronting on one side of a street between two (2)
intersecting streets, or in the case of a dead end street, all of the property along one side of
the street between an intersecting street and the end of such dead end street.
STREET, INTERNAL: A street not located along the exterior boundaries of a planned
development.
STREET LINE: The street right of way line.
STRUCTURAL ALTERATION: Any change in the supporting members of a structure, such as
bearing walls, columns, beams or girders; or any substantial change in the roof or in the
exterior walls, excepting such repair or replacement as may be required for the safety of
the building.

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STRUCTURE: Anything constructed or erected, the use of which requires more or less
permanent location on the ground or attached to something having a permanent location
on the ground, including, but not limited to, buildings, signs and pavements.
STRUCTURE HEIGHT: The height of a structure as measured from a base elevation
determined by averaging the elevations of the principal corners in the perimeter wall of the
structure at natural ground level to the highest point of the structure. See section 13-3-8 of
this title.
THREE COMPONENT MEASURING SYSTEM: Instruments which measure simultaneously
earthborne vibrations in horizontal and vertical planes.
TOWNHOME: A one-family dwelling unit, with a private entrance, which is part of a
structure which contains three (3) or more dwelling units which are attached horizontally.
TOWNHOUSE, GROUP, ROW OR GARDEN APARTMENT: A. A dwelling joined to two (2)
other dwellings by party walls, vertical cavity walls, or aboveground physically unifying
horizontal structural elements;
B. A dwelling joined to one other dwelling by a party wall, and aboveground physically
unifying horizontal structural elements.
TOWNHOME OR TOWNHOUSE (Attached Dwelling): A multiple family dwelling
designed and constructed to accommodate three (3) or more dwelling units, with
those units joined together by party walls or walls. Each unit shall have its own
ground floor entrance and living space.
TOXIC MATTER: Those materials which are capable of causing injury to living organisms by
chemical means.

TRAILER: A vehicle or portable structure which may be used as a conveyance on streets
and highways by attachment to a motor vehicle.

TRELLIS: A framework of light wooden or metal bars, chiefly used as
a landscape structure to support for fruit trees or climbing plants.
For the purposes of this Title, a trellis is an accessory structure and
is not a fence. Freestanding trellis’ shall not exceed six feet (6’) in
height and ten feet (10’) in length.

Trellis
USE: The purpose of activity for which the land and structures thereon is designed,
arranged, or intended, or for which it is occupied or maintained, and shall include any
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manner of performance of such activity with respect to the performance standards of this
title.
USE, LAWFUL: The use of any structure or land that conforms with all of the regulations of
this title or any amendment hereto and which conforms with all of the codes, ordinances,
and other legal requirements, as existing at the time of the enactment of this title or any
amendment thereto, for the structure or land that is being examined.
USE, PERMITTED: A use which is or may be lawfully established in a particular district
provided it conforms with all requirements, regulations, and when applicable,
performance standards of this title for the district in which such use is located.
USE, PRINCIPAL: The dominant use of land or structures as distinguished from a
subordinate or accessory use.
USE, SPECIAL: A use that has unusual operational, physical or other characteristics that
may be different from those of the predominant permitted uses in a district, but which is a
use that complements and is otherwise, or can be made, compatible with the intended
overall development within a district. Compliance with special standards not necessarily
applicable to other permitted uses or special uses in the district shall be required for a
special use, as regulated in this title.
VEHICLE: Every device, in, upon or by which any person or property is or may be
transported or drawn upon a highway except for devices moved by human power or used
exclusively upon stationary rails or tracks.
VIBRATION: The periodic displacement, measured in inches, of earth at designated
frequency cycles per second.
VILLAGE: The village of Oak Brook, Illinois.
VILLAGE CLERK: The village clerk of the village of Oak Brook, Illinois.
VILLAGE ENGINEER: The official of the village, duly appointed and designated as the village
engineer.
VILLAGE PRESIDENT: The village president of the village of Oak Brook, Illinois.
WET DRAINAGEWAY: Any stream, creek, brook, branch, natural or artificial depression,
slough, gulch, reservoir, lake, pond or natural or manmade drainageway in, or into which,
stormwater runoff or floodwaters flow regularly.
YARD: A required open area on a lot which is unobstructed from its lowest level to the sky,
except as otherwise provided in this title.
YARD ADJOINING A STREET, SIDE: A yard which is bounded by the front yard line, side yard
adjoining a street line, rear yard line and side lot line adjoining a street.

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YARD, FRONT: A yard which is bounded by the side lot lines, front lot line and the front yard
line.
YARD, INTERIOR SIDE: A side yard which adjoins another lot or an alley separating such
side yard from another lot.
YARD LINE, FRONT: A line in a lot that is parallel to the front lot line and which is not nearer
to the front lot line at any point than the required front yard depth.
YARD LINE, REAR: A line in a lot that is parallel to the rear lot line and which is not
nearer to the rear lot line at any point than the required rear yard depth. However, in
the case of irregular or triangle shaped lots, the rear yard line location shall be
formed by an arc originating at the corner point as defined in this section.
YARD LINE, SIDE: A line in a lot that is parallel to the side lot line and which is not nearer to
the side lot line at any point than the required side yard depth.
YARD, REAR: A yard which is bounded by side lot lines, rear lot line and the rear
yard line. In the case of irregular or triangle shaped lots, the rear yard dimension
shall be determined by an arc originating at the corner point as defined in this
section.
YARD, SIDE: A yard which is bounded by the rear yard line, front yard line, side yard line and
side lot line.
ZONING BOARD OF APPEALS: The zoning board of appeals of the village of Oak Brook,
Illinois, as created in this code 3 .
ZONING COMMISSION: The zoning commission of the village of Oak Brook, Illinois.
ZONING DISTRICT MAP: The zoning district map of the village of Oak Brook, Illinois.
ZONING DISTRICTS: The districts into which the village of Oak Brook, Illinois, has been
divided as set forth on the zoning district map, for the purpose of zoning regulations and
requirements. (Ord. G-60, 3-22-1966; Ord. G-135, 6-22-1971; Ord. G-142, 1-25-1972; Ord.
G-178, 12-9-1975; Ord. G-180, 4-13-1976; Ord. G-203, 12-14-1976; Ord. G-215, 4-26-1977;
Ord. G-233, 5-31-1978; Ord. G-305, 9-8-1981; Ord. G-328, 8-24-1982; Ord. G-420, 12-131988; Ord. G-448, 7-10-1990; Ord. G-449, 8-14-1990; Ord. G-510, 6-8-1993; Ord. G-518, 810-1993; Ord. G-695, 3-26-2002; Ord. G-721, 6-10-2003; Ord. G-733, 11-11-2003; Ord. G903, 11-10-2009; Ord. G-916, 1-12-2010; Ord. G-934, 9-28-2010; Ord. G-989, 1-22-2013;
Ord. S-1559, 2-12-2019; Ord. G-1227, 1-24-2023)

Notes
1

1. See Title 14 of this Code.

2

1. See title 2, chapter 1 of this code.
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3

1. See title 2, chapter 8 of this code.

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
13-3-16: Portable Storage Units
13-3-17: Fence Regulations
13-3-18: Prohibited Uses
13-3-189: Cannabis Business Establishments Prohibited

13-3-1: CONTROL OVER USE:
A. The use of land and the erection, alteration and use of structures shall be limited to:

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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 the 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-678, 6-26-2001)

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 of this
title.
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
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able to meet the requirements of this title as to lot area and width may be used for a singlefamily 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 will be recorded prior to the issuance of a
building permit. The subdivision regulations 1 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
duly 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:
COUNTY OF:
LOT OWNERSHIP AFFIDAVIT
Dated:
At:
TO: Director of Community Development Services
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)
(Name of Title Holder)having acquired title on____________ 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:

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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 full 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:
5. 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 affidavit 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_____________ .
Notary Public
3. The dDirector of community dDevelopment Services 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:
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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 hold 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
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with the procedures as set forth in this title. Plats of resubdivision or revised assessment
plats shall be required for such properties.
F6. 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-678, 6-26-2001)

Notes
1

1. See title 14 of this code.

13-3-3: LOT REQUIREMENTS:
A. Buildings On A Lot:
1. 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 1 . (Ord. G-678, 6-26-2001)

Notes
1

1. See title 14 of this code.

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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 dDirector of community dDevelopment Services, 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. In the
event that the width of the right-of-way is increased, the original required yard and setback
requirements, - at the time of construction- are not modified for the life of any legally
existing structure or portion thereof.
E. Front yards of corner lots may be designated by the owner, provided such yard abuts a
street. (Ord. G-678, 6-26-2001)

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. 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
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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-977, 8-14-2012)

13-3-6: ACCESSORY USES AND STRUCTURES:
A. Authorization Of Accessory Uses And Structures:
1. Is subordinate in extent and purpose to, and serves, a principal structure or use;
2. Is customarily found as incidental to such principal structure or use;
3. Contributes to the comfort, convenience, or necessity of those occupying or being
served by the principal use;
4. Except as otherwise expressly authorized by the provisions of this code, is located
on the same zoning lot as such principal structure or use; and
5. Is under the same ownership and control as such principal structure or use.
B. 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. No accessory building or
structure shall be constructed on any lot prior to the construction of the principal building
to which it is accessory.
2. Accessory uses shall not include the keeping, propagation or culture of pigeons,
poultry, rabbits, bees, livestock or other non-household 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 building shall not be nearer than ten feet (10') from the
nearest wall of the principal structure.
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b. An accessory structure shall not be located in any required yard abutting a street,
except in rear yards where they adjoin a thoroughfare and are screened by opaque
landscaping expected to reach the height of the applicable structure at full maturity.
c. Accessory uses and structures shall not be located, erected, or altered in required
yards, except as provided in subsections B3d, B3g, and D 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 except for detached garages that are
not constructed with a continuous flat roof (see subsection B3g of this section for
detached garage heights).
(2) Cover not more than thirty percent (30%) of the required rear yard (this includes,
patios, pools, sheds, garages, accessory living units, pool houses, sports courts, etc.).
(3) Detached accessory structures equal to or less than one hundred twenty (120)
square feet in total area shall be located at least five feet (5') from the side or rear lot line.
Detached accessory structures greater than one hundred twenty (120) square feet in total
area shall be located at least ten feet (10') from a side and rear lot line.
(4) Floor Area: The aggregate floor area of all accessory buildings shall not exceed
thirty percent (30%) of the first floor area of the principal building (as measured by GLA
ANSI or equivalent).
e. Detached accessory buildings and structures shall not be constructed between the
front lot line and the front of the principal building on the lot (except as provided for in
subsection B3f).
f. Accessory structures which otherwise 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.
g. Detached garages, that are not constructed with a continuous flat roof,
constructed in the "buildable" area of a lot will be permitted to be built to the same height
as the principal structure. However, detached garages constructed in a required rear yard
of a single-family home shall be limited to the following heights:
R1 district: Twenty five feet (25').
R2 district (lots 1 acre or larger): Twenty two and one-half feet (22.5').
R2 district (lots less than 1 acre) and R3 district: Twenty feet (20').
R4 district: Seventeen and one-half feet (17.5').

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Any detached garage located in a required rear yard, that is over fifteen feet (15') in height,
shall be required to increase the setback one foot (1') for every one foot (1') of increased
height over fifteen feet (15'). Detached garages constructed with a continuous flat roof will
be limited to a maximum height of fifteen feet (15').
C. Accessory Living Unit:
1. An accessory living unit is a detached accessory building that provides living space
in a location other than the principal residence. An accessory living unit may be located in
a pool house, detached garage, or other similar accessory building or structure.
2. Accessory living units are not permitted in the Business or Office Districts, or the R2, R-3, R-4, or R-5 Districts.
3. Only one (1) accessory living unit is permitted per zoning lot in the R-1 District.
4. An accessory living unit originally constructed before January 24, 2023 is permitted.
An expansion to an accessory living unit constructed prior to January 24, 2023 shall require
a permit and shall comply with these standards. An expansion is considered additional
floor area, modifications to room sizes, removal of walls and significant electrical or
plumbing work that otherwise modifies the intended use of the dwelling unit.
5. No accessory living unit shall be modified to increase the number of dwelling units.
6. The construction of a new accessory living unit shall require the installation of fire
sprinklers in accordance with applicable residential building code regulations.
7. An accessory building containing an accessory living unit shall be similar in
architectural style and building materials to the principal use structure.
D. Permitted In Required Yards: Accessory uses and structures are permitted in required
yards as follows with the following designations (and subject to the other provisions of this
Code):
F = Yards adjoining streets
S = Interior side yards
R = Rear yards

Arbors or trellises, where trellises are or pergolas not attached to the
principal structure
Accessory living unit

F

S

R

X

X

X
X

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Commercial awnings or canopies, projecting not more than 15 feet into
the required yards

X

X

Fallout shelters, detached

X
X

Fire escapes, open and enclosed or fire towers, not encroaching more
than 5 feet, except 3.5 feet into a required interior side yard

X

X

X

Firewood storage 5 feet from property line

X

Garages or carports, detached

X

Gates, driveway (as regulated in Title 13)

X

X

Growing of garden crops in the open

X

X

HVAC equipment including air condition units, not less than 12 feet
from designated lot lines, subject to screening requirements of Title 13

X

X

X

X

Lawn furniture, such garden structures as benches, sundials,
birdbaths, and fountains and water features

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
Ornamental light standards

X

X

X

X

X

Terraces, pPatios, outdoor kitchens, and outdoor fireplaces

X

Playground and laundry drying equipment

X
X

Pool heaters, not less than 12 feet from designated lot lines, subject to
screening requirements of Title 13.
Pool House (Accessory building)

X

Residential Awnings or canopies, projecting not more than 3 feet into
the required yards

X

X

Sheds and storage structures for garden equipment and household
items

X
X

X

Signs and nameplates

X

Solar panels (photovoltaic or thermal collectors) not less than 12 feet
from designated lot lines.
Steps and/ or required egress ramps, open

X

X
X

X

X

X

Swimming pools

X

Tennis courts, sports courts

X

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Trees, shrubs and other plants, except: on corner lots where no such
material shall be permitted to obstruct a clear path of motorists' vision
of approaching vehicles within the area enclosed by any 2 intersecting
curb lines 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
1) Where such plants obstruct Intersection Sight Distance as
required by Bureau of Local Roads and Streets Manual, Chapter
28
And/or
2) As required by 425 ILCS 20 No object shall be constructed,
maintained or installed within 48 inches of a fire hydrant. It shall
be unlawful to install, maintain, construct or enlarge any
barriers, trees, bushes, walls, or other obstacles which may
hide or impede the use of a fire hydrant.

X

X

X

X

X

Trellises-Only allowed within the buildable area of the lot
Wind energy systems- ground mounted in business and office districts
only

(Ord. G-678, 6-26-2001; Ord. G-712, 1-14-2003; Ord. G-728, 8-12-2003; Ord. G-740, 2-102004; Ord. G-1021, 3-11-2014; Ord. G-1227, 1-24-2023)

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. Outdoor storage in residential districts of hHabitable 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
comply with the regulations in Chapter 6, Section 13-6-3, Regulations Applicable to All
Residence Districts; provided no major repair, disassembly, or rebuilding operations are
conducted thereon; and provided that no habitable vehicle so stored may be occupied.
C. Outdoor storage in commercial districts of One habitable vehicles, and one utility
trailers, horse trailers, or one boats on a boat trailer or blocks, or one other trailers, owned
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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
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.
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:
D. 1. For pParking 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.
E. 2. For pParking 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 shall be permitted, 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 sSuch
temporary parking shall be permitted on existing driveways notwithstanding that said
driveway may be in a side yard. (Ord. G-678, 6-26-2001)

13-3-8: STRUCTURE HEIGHT:
A. No structure shall be erected, converted, expanded, reconstructed or structurally
altered to exceed the height limit measured above the natural ground level, as determined
by the village engineer, for the district in which the structure is located. However, this
height limit for skylights, steeples, flagpoles, chimneys, radio and television aerials,
wireless masts, or electric and telephone service poles anywhere in the village; and
mechanical rooms, penthouses or roof structures for the housing of elevators, stairways,
tanks, ventilating fans or similar equipment, towers, water tanks, or elevators or other
appurtenances anywhere in the village except residential districts, shall be thirty feet (30')
above the height limits of the district in which they are located and shall be for ornamental
purposes only and shall in no event be occupied. Structure height may be measured from a
base elevation other than natural ground level only with the express approval of the village.
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.
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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.
(Ord. G-678, 6-26-2001; Ord. G-730, 9-23-2003; Ord. G-733, 11-11-2003; Ord. G-778, 4-262005)

13-3-9: PUBLIC UTILITIES:
The following public utility uses are permitted in any district: wires, cables, conduit, vaults,
laterals, pipes, mains and valves, public warning devices, microcells 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 (See Title 6). Microcells shall include a wireless communication facility consisting of
an antenna that is either: a) four feet (4') 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 inches
(4") in diameter and no more than six feet (6') in length in the associated equipment cabinet
that is six feet (6') or less in height and no more than forty eight (48) square feet in floor
area. (Ord. G-678, 6-26-2001)

13-3-10: PERFORMANCE STANDARDS:
Any use established in any zoning district shall be operated so as to comply with the
performance standard regulations prescribed in subsection A of this section.
The performance standards set forth in this Section are designed to protect the health,
safety, and welfare of the residents of the Village of Oak Brook and to protect, maintain,
and enhance the quality of the man-made and natural environments of the Village. All new
and existing uses established within the Village shall comply with the performance
standards set forth in this Article, unless any federal, state, county or local ordinance law
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or regulations established are more restrictive, in which event the more restrictive
standard shall apply. Uses already established on the effective date of this ordinance shall
be allowed to be altered, enlarged, expanded, or modified, provided that any such
additions or changes comply with the performance standards set forth in this Section.

A. Noise:
1. Sound Levels: Sounds levels shall be measured with a sound level meter
manufactured according to standards prescribed by the American National
Standards Institute (ANSI). Measurements shall be made using a digital decibel
meter. Impulse type noises shall be subject to the performance standards
prescribed in this subsection A, provided that such noises shall be capable of being
accurately measured. Noises incapable of being so measured, such as those of an
irregular and intermittent nature, shall be controlled so as not to become a nuisance
to adjacent uses. At any point on or beyond the boundary line of the district
designated below, the sound pressure level of any operation or plant (other than
background noises produced by sources not under control of this subsection A,
such as the operation of motor vehicles or other transportation facilities) shall not
exceed the decibel limits in the table below:

SOUND/NOISE LEVEL TABLE
Maximum Permitted Decibel (dBA) Levels
Time Of Day

Residential

Commercial

Industrial

Between 7:00 A.M. and 7:00 P.M.

65 dBA

70 dBA

70 dBA

Between 7:00 P.M. and 7:00 A.M.

55 dBA

60 dBA

65 dBA

2. General Requirements:
a. Sound Measurement Setback Requirement: All sound measurement readings must
be set up not less than twenty five feet (25') (7.6 meters) from the property line noise
source. The twenty five foot (25') (7.6 meter) setback requirement is from the noise source
and not the property line unless the noise source is contiguous to the property line.

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b. Exempt Activities: Activities exempt from these provisions include the operation of
motor vehicles or other transportation facilities; snow removal equipment; church
bells/chimes; residential air conditioning units (installed and operating in accordance to
manufacturer's specifications).
c. Unnecessary Noise Standards: The following activities are declared to be loud,
disturbing and unnecessary noises in violation of this subsection A:
(1) Horns And Signaling Devices: The sounding of any horn or signaling device on any
automobile or other motor vehicle on any street or public place of the village except as a
danger warning.
(2) Animals Or Birds: The keeping of any animal or bird which, by causing frequent or
continued noise, shall disturb the comfort or repose of any persons in the vicinity.
(3) Exhausts: The discharge into the open air of the exhaust of any engine, stationary
combustion machine, generator, motorboat or motor vehicle except through a muffler or
other device, which will effectively prevent loud noises therefrom. The use of emergency
generators and other backup power sources would not apply to reasonable use during an
emergency situation or during testing.
(4) Loading: The creation of loud and excessive noise in connection with the loading
or unloading of any vehicles.
d. Additional Requirements; Lawn Mowing/Maintenance: It shall be unlawful to cause
or make loud noise through the operation of lawn maintenance equipment including, but
not limited to, lawn mowers, lawn blowers and tractors before seven o'clock (7:00) A.M.
and after dusk on any day during the week. This restriction shall not apply to golf course,
park district or forest preserve maintenance operations.
B. Other 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-678, 6-26-2001; Ord. G-863, 722-2008)

13-3-11: MECHANICAL EQUIPMENT TO BE SCREENED:
All heating, air conditioning, ventilating, or other mechanical equipment located on the
roof of any nonresidential structure in any residential, business or office-researchassembly district shall be screened on all sides or enclosed in such a manner consistent
with the design and materials found on the principal building as to mask such equipment.
(Ord. G-678, 6-26-2001)
All exterior equipment (i.e. HVAC, generators, pool equipment or other mechanical
equipment) in all districts is required to be visually screened. (See 2801.2)
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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
village 1 . 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-678, 6-26-2001)
Notes
1

1. See title 14 of this code.

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-678, 6-26-2001)

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 two (2)
acres, unless the front yard of said lot abuts a thoroughfare 1 . Any driveway gate
previously approved and constructed in accordance with applicable law at that time shall
be treated as a permitted and legally conforming use.
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 open space.
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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 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-678, 6-26-2001; Ord. G-741,
2-10-2004)
Notes
1

2. 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 corner 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-678, 6-26-2001)

13-3-16: PORTABLE STORAGE UNITS:
A. For purposes of this section, a "portable storage unit" is defined as an enclosed
container that is delivered to a private property and is normally used for the short term
storage of items and materials associated with a move into or from the principal use of the
property.
B. The following regulations shall apply to portable storage units:
1. No more than two (2) portable storage units shall be permitted on a property.
2. Stacking of portable storage units is prohibited.
3. Any property where a portable storage unit is located must be occupied by a
principal use or dwelling.
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4. No portable storage unit may remain on a property for more than fifteen (15)
consecutive days. An additional fifteen (15) day period may be approved by the department
of community dDevelopment Services department for cause. Special circumstances
allowing for longer periods of time may be determined by the dDirector of community
dDevelopment Services.
5. A portable storage unit on residential property shall not exceed sixteen feet (16') in
length. A portable storage unit on nonresidential property shall not exceed forty feet (40') in
length.
6. Portable storage units shall be placed on the driveway or other paved surface on the
property.
7. The portable storage unit shall not be located closer than ten feet (10') from the
principal structure on the property.
8. The portable storage unit shall not be used to store hazardous materials or
flammable liquids.
9. Portable storage units shall not be placed on public property or permitted to
obstruct traffic visibility.
10. A permit and fee (an amount, if any, to be determined by the village board from time
to time) shall be required prior to the placement of a portable storage unit.
11. Portable storage units shall be maintained in good repair, free from rust, peeling
paint, graffiti and other forms of deterioration.
12. Signage on portable storage units is limited to the name and address of the storage
unit rental company.
13. Portable storage units shall be locked when not being loaded or unloaded. (Ord. G861, 6-10-2008)

13-3-17: FENCE REGULATIONS:
A. For purposes of this section, the following terms shall have the following meanings:
DOG RUNS/KENNELS: Enclosures constructed for the purpose of containing dog(s)
outside of the principal structure on a property.
FENCE: A structure used to delineate a boundary, or as a barrier, or as a means of
confinement or for confinement.
FENCE HEIGHT: Measured from the top of the fence to pre-existing grade, irrespective of
whether the fence has decorative caps and posts, as long as the caps and posts are no
higher than four (4") inches. Fences built on retaining walls shall be measured from the
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existing elevation (as approved by the Village Engineer), prior to construction of a retaining
wall, to the top of the fence.
FENCE TYPE STRUCTURE: Any fence, or part thereof, located in the buildable area of a
property and not located in any required yard. "Fence type structures" include solid privacy
screens and open patio enclosures. A "fence type structure" shall not include any part of a
fence located outside of the buildable area of a property.
B. The following regulations shall apply to all fences other than fence type structures:
1. Fences shall have a minimum of fifty percent (50%) of the fence's surface area in
open space as viewed from an angle of ninety degrees (90°) from the fence line. A fence's
surface area shall include the surface area of any gates attached to the fence, but shall not
include the surface area attributable to any supporting piers or pillars.
2. Solid fences shall be a maximum height of twenty four inches (24") and be
constructed of wood, stone, brick or other masonry material. All nonsolid fences shall be a
maximum height of forty two inches (42") and shall be constructed of wood, stone, brick,
wrought iron, aluminum or synthetic materials that are molded and give the appearance of
wood, stone, brick or wrought iron.
3. If a fence only has one finished side, the fence's finished side must face to the
outside of the property. The finished side is the side that does not include the structural
supports.
4. Fences shall be constructed at the pre-exiting grade or at a grade approved of by the
village engineer. Fences shall not block or obstruct natural drainage or water flow. A fence
that is installed in the floodplain shall be elevated a minimum of three inches (3") above
the Village engineer approved grade and also be a minimum of fifty percent (50%) open.
5. Fences shall not be permitted in a front yard or alternate front yard setback (see
diagrams), except when constructed with driveway gates as permitted in Section 13-3-14
of this Code.
6. All fences shall be located completely within the property that the fence is serving.
No fence shall be constructed in a manner that encroaches upon another property or a
village owned right of way without the prior approval of the village.
7. All fences shall be constructed and maintained in a manner that preserves the
fence's structural integrity and original appearance.
8. Electrified fences, barbed wire, razor wire, spears and other sharp or hazardous
materials are not permitted in the village, with the exception of those materials approved
by the Development Services department for horse stables and other animal enclosures.
9. No fence shall be constructed or erected in a manner or in a location that interferes
or obstructs the line of sight of vehicles using an intersection of an alley and street, or an
intersection of two (2) streets.
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10. All fences shall comply with all applicable village code requirements.
C. The following regulations shall apply to all fence type structures:
1. Fence type structures may screen hot tubs, patios, decks, sitting areas, or other
similar types of uses.
2. Fence type structures may not exceed six feet (6') in height.
3. Fence type structures may not privatize the buildable area.
4. Fence type structures are not permitted in any required yard.
5. All fence type structures shall comply with all applicable village code requirements.
6. All fence type structures are subject to the review and approval of the Development
Services department prior to their construction or erection to ensure that the requirements
of this section are met.
D. Swimming Pool Fencing. Notwithstanding anything to the contrary contained in this
section, the regulations applicable to fences surrounding any swimming pool or any other
water feature that requires fencing pursuant to this code or state law shall be as follows:
1. Be a minimum of forty eight inches (48") in height;
2. Not exceed sixty inches (60") in height;
3. The location of a forty eight inch (48") to sixty inch (60") fence that surrounds a
swimming pool shall only be in the rear yard or required rear yard setback of the lot. The
fence shall also be located in the rear yard behind the principal use structure.
4. Comply with all other applicable requirements of this code. In addition, no fence
surrounding a swimming pool may be made of chainlink or wire materials.

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E. The following requirements shall apply to chainlink or wire fencing:
1. Chainlink or wire fencing shall be:
a. Made of at least 9-gauge wire and not of a thinner gauge wire;
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b. Constructed with a top member or brace with a knuckle design;
c. Installed with the wire material (finished side) facing the neighboring property;
d. Painted or coated in a dark color (e.g., black, brown or dark green); and
e. Landscaped with year round plantings, bushes/vegetation or trees on both sides of
the fence, except for dog runs/kennels, which shall be so landscaped on the outside of the
fence; all required vegetation will be reasonably maintained or replaced as needed.
2. No chainlink or wire fencing shall include slats.
3. No chainlink or wire fencing shall be used for a dog run/kennel in any required yard.
Chainlink or wire fencing may be used for dog runs/kennels that are constructed or erected
in the buildable area of a property only behind the principal use structure.
4. Chainlink or wire fencing shall not be permitted:
a. In buildable areas. This restriction shall not apply to dog runs/kennels.
b. In any front or side yard.
c. In any rear yard unless the rear yard abuts the village's boundary. Notwithstanding
anything to the contrary contained in this section, any such chainlink or wire fencing in a
rear yard abutting the village's boundary shall not exceed a height of six feet (6').
d. Surrounding subdivisions unless: 1) landscape screening is installed and
maintained in a manner that provides year round vegetation on both sides of the fence; and
2) the fence is approved by the village.
e. Around swimming pools.
f. Around sports courts/fields. This restriction shall not apply to fencing around sports
courts for tennis, basketball, hockey and fields for baseball provided that: 1) the fence
does not exceed ten feet (10') in height; 2) the court/field shall not be located in any
required front or side yard; and 3) the fence must be constructed to the applicable ASTM
standard.
5. Chainlink and wire fencing is permitted around construction sites only as a
temporary use. The required height of construction fencing shall be established as part of
the building permit approval process.
6. Chainlink and wire fencing shall be permitted along state and federal roadways.
7. In the event that a yard is enclosed with a chainlink fence that was installed prior to
August 12, 2003, and one side of the fence enclosure is on a neighbor's property and the
neighbor removes the chainlink fence, the owner may continue to enclose his/her yard
with a chainlink fence by constructing a new fence on his/her property to replace the fence
removed by the neighbor.
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F. Fences and barriers along major arterials: If a formal barrier or sound wall system is
not in place, a solid fence/wall structure may only be erected as follows:
1. The solid fence/wall structure is located along one of the following: Roosevelt Road,
22nd Street, Illinois Route 83/Kingery Highway, Interstate Highway I-88, or Interstate
Highway I-294; and
2. The solid fence/wall structure is a single unified system that is approved by all
affected property owners, the subdivision homeowners' association (if applicable) and the
village of Oak Brook.
3. A solid fence/wall structure shall be considered a six foot (6') high board on board
wood fence consisting of a natural wood finish unless otherwise determined by the
subdivision homeowners' association.
G. Residential Subdivision Fences: Residential subdivisions are unique and vary in lot
sizes, geography and adopted private codes, covenants and restrictions (CCR's). For these
reasons, the following homeowners associations have fence code overlays that apply
specifically to their subdivision.
1. Timber Trails - Merry Lane Subdivision.
a. The maximum fence height shall not exceed five feet (5') in the rear yard and
required rear yard setback. Five foot (5') high fences shall be located behind the rear
facade of the single-family residence.
b. A five foot (5') high fence shall not be permitted in an alternate front yard or
alternate front yard setback.
c. A five foot (5') high fence shall be nonsolid and at least 50% open. Nonsolid fences
shall be constructed of wood, stone, brick, wrought iron, aluminum or another synthetic
material that is molded and gives the appearance of wood, stone, brick or wrought iron.
H. Commercial Fencing:
1. Trash receptacles, dumpsters and service areas shall be screened by a six foot (6')
high wall to match the color and material of the principal use building and include metal
gates, oriented whenever possible, to not be visible from nearby streets, sidewalks and
customer views.
2. Mechanical equipment and generators shall be screened through the use of building
design features such as wing walls or approved landscaping, minimizing the need for
opaque fencing. If fencing is approved, it shall match the color and material of the principal
use building.
I. Governmental Service Facilities and Public Utilities Fencing (excluding properties in
the CR District):
1. Security fencing shall not exceed eight foot (8') in height.
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2. Barbed wire and similar material are prohibited, except where deemed necessary
and appropriate for Homeland Security purposes by the Chief of Police and the
Development Services Director. (Ord. G-1021, 3-11-2014; Ord. G-1214, 6-14-2022)

13-3-18: Prohibited Uses: The following list of uses are specifically prohibited in the
Village of Oak Brook. Any use determined by the Development Services department
to be similar to the uses below shall also be prohibited.

A. Heavy Industrial Uses:
1. Junk yards
2. Metal salvage and recycling facilities
3. Solid waste transfer stations
4. Propane storage and distribution facilities
5. Storage and Repair Facilities – semi-tractor trailer vehicles

and
6. Truck depot/truck stop

B. Astrology services, palm and tarot card readers, psychics, feng shui advisors,

phrenology services
C. Pawn shops
D. Day-labor employment agencies
E. Commercial shooting range
F. Tattoo and body piercing parlor, not including ear piercing as part of a retail store or
permanent makeup as part of a salon/ day spa.
G. Mobile Food Vending

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13-3-19: CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED:
A. For purposes of this section, the following terms shall have the following meanings:
ADULT-USE CANNABIS
BUSINESS
ESTABLISHMENT:

A cultivation center, craft grower, processing organization,
infuser organization, dispensing organization or
transporting organization.

ADULT-USE CANNABIS
CRAFT GROWER:

A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to
cultivate, dry, cure and package cannabis and perform
other necessary activities to make cannabis available for
sale at a dispensing organization or use at a processing
organization, per the Cannabis Regulation and Tax Act, (P.A.
101-0027), as it may be amended from time-to-time, and
regulations promulgated thereunder.

ADULT-USE CANNABIS
CULTIVATION CENTER:

A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to
cultivate, process, transport and perform necessary
activities to provide cannabis and cannabis-infused
products to licensed cannabis business establishments,
per the Cannabis Regulation and Tax Act, (P.A.101-0027),
as it may be amended from time-to-time, and regulations
promulgated thereunder.

ADULT-USE CANNABIS
DISPENSING
ORGANIZATION:

A facility operated by an organization or business that is
licensed by the Illinois Department of Financial and
Professional Regulation to acquire cannabis from licensed
cannabis business establishments for the purpose of
selling and dispensing cannabis, cannabis-infused
products, cannabis seeds, paraphernalia or related
supplies to purchasers or to qualified registered medical
cannabis patients and caregivers, per the Cannabis
Regulation and Tax Act, (P.A.101-0027), as it may be
amended from time-to-time, and regulations promulgated
thereunder.

ADULT-USE CANNABIS
EVENT:

Any public or private event operated by an organization or
business where attendees can consume cannabis or
cannabis products as part of any special event.

ADULT-USE CANNABIS
INFUSER ORGANIZATION
OR INFUSER:

A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to directly
incorporate cannabis or cannabis concentrate into a
product formulation to produce a cannabis-infused
product, per the Cannabis Regulation and Tax Act, (P.A.101Oak Brook Zoning Ordinance Update: 5.08.2024

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0027), as it may be amended from time-to-time, and
regulations promulgated thereunder.
ADULT-USE CANNABIS
LOUNGE:

A facility operated by an organization or business where
customers can consume cannabis in a social setting.

ADULT-USE CANNABIS
PROCESSING
ORGANIZATION OR
PROCESSOR:

A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to either
extract constituent chemicals or compounds to produce
cannabis concentrate or incorporate cannabis or cannabis
concentrate into a product formulation to produce a
cannabis product, per the Cannabis Regulation and Tax Act,
(P.A.101-0027), as it may be amended from time-to-time,
and regulations promulgated thereunder.

ADULT-USE CANNABIS
TRANSPORTING
ORGANIZATION OR
TRANSPORTER:

An organization or business that is licensed by the Illinois
Department of Agriculture to transport cannabis on behalf
of a cannabis business establishment or a community
college licensed under the Community College Cannabis
Vocational Training Pilot Program, per the Cannabis
Regulation and Tax Act, (P.A.101-0027), as it may be
amended from time-to-time, and regulations promulgated
thereunder.

PERSON:

Any person, firm, corporation, association, club, society or
other organization, including any owner, manager,
proprietor, employee, volunteer or agent.

B. Cannabis Business Establishments Prohibited: The following adult-use cannabis
business establishments are prohibited in the Village of Oak Brook. No person shall locate,
operate, own, suffer, allow to be operated or aide, abet or assist in the operation within the
Village of Oak Brook of any of the following:
Adult-Use Cannabis Craft Grower;
Adult-Use Cannabis Cultivation Center;
Adult-Use Cannabis Dispensing Organization;
Adult-Use Cannabis Event;
Adult-Use Cannabis Infuser Organization or Infuser;
Adult-Use Cannabis Lounge;
Adult-Use Cannabis Processing Organization or Processor; or
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Adult-Use Cannabis Transportation Organization or Transporter.
C. Public Nuisance Declared: Operation of any prohibited cannabis business
establishment within the Village of Oak Brook in violation of the provisions of this chapter
is hereby declared a public nuisance and shall be abated pursuant to all available
remedies.
D. Violations: Violations of this chapter may be enforced in accordance with the
provisions of Chapter 14 of this code. (Ord. G-1154, 11-12-2019)

CHAPTER 5
CR CONSERVATION/RECREATION DISTRICT
SECTION:
13-5-1: Purpose
13-5-2: Permitted Uses
13-5-3: Special Uses
13-5-4: Lot Area Requirements
13-5-5: Additional Regulations

13-5-1: PURPOSE:
The CR Conservation/Recreation District is designed to encourage the development of
land for open space recreational activities and/or preserve natural resources. This District
is characterized by open uses of land, for example, golf courses and agricultural uses. The
only structures and improvements permitted are those which supplement and are
incidental to the principal open use. This District is not intended to encourage commercial
or residential operations. (Ord. G-60, 3-22-1966)

13-5-2: PERMITTED USES:
Agricultural, including incidental agricultural structures.
Forest preserves, wildlife reservations, ecological sanctuaries and arboretums.
Golf courses, and similar open field recreational activities.
Parks and playgrounds.
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Accessory uses and structures, incidental to and on the same zoning lot as a principal
uses. (Ord. G-60, 3-22-1966; Ord. G-483, 3-10-1992)

13-5-3: SPECIAL USES:
Cultural facilities, including libraries, museums, and similar cultural institutions.
Educational facilities.
Gardens, botanical and zoological.
Governmental service facilities, including municipal civic centers, police and fire stations,
village owned communication towers, and similar uses.
Historic facilities available to the public and used primarily for educational, cultural and/or
historic purposes and activities in furtherance of the maintenance and support of the
historic facilities as set forth in the applicable special use ordinance.
Public warning devices.
Tennis and swimming clubs.
Winter sports: ice skating rinks, ice hockey, curling, skiing or tobogganing, not less than
twenty five (25) acres.
Accessory uses and buildings incidental to and on the same lot as the principal use. (Ord.
G-60, 3-22-1966; Ord. G-483, 3-10-1992; Ord. G-566, 2-13-1996; Ord. G-608, 3-10-1998)

13-5-4: LOT AREA REQUIREMENTS:
A. Lot Area: Not less than five (5) acres.
B. Lot Width: Not less than two hundred twenty feet (220') within the buildable area.
C. Floor Area Ratio: Not to exceed 0.15.
D. Structure Height: Not more than thirty feet (30'). Special uses may not exceed forty
feet (40').
E. Yards: Yards shall be provided as follows:
1. All yards shall be established according to the following requirements. No structure
shall be erected or maintained:
a. Within one hundred feet (100') from the center thread of any waterway or
watercourse;
b. Within one hundred feet (100') from the right-of-way line of any street; or
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c. Within one hundred feet (100') from any adjacent residence district.
2. Notwithstanding the above, public utilities such as wires, cables, conduits, vaults,
laterals, pipes, mains and valves and other similar transmission distributing equipment,
bridges, fountains, sidewalks, gateways, flagpoles, roadways, and other similar structures
intended to be accessory and incidental to the primary use of a principal building on the lot
shall be permitted without regard to the setbacks established herein. (Ord. G-60, 3-221966; Ord. G-341, 1-24-1984)

13-5-5: ADDITIONAL REGULATIONS:
A. Off-Street Parking And Loading: Off-street parking and off-street loading shall be as
set forth in Chapter 12 of this Title.
B. Performance Standards: Any use established in a conservation/recreation district
shall be operated in compliance with the performance standards set forth in Section 1310-3 of this Title.
C. Signs And Awnings: Awnings, marquees and signs may be erected in conformance
with the provisions of Section 13-10A-4 of this Title. (Ord. G-60, 3-22-1966; Ord. G-341, 124-1984)
CHAPTER 6
RESIDENCE DISTRICTS
SECTION:
13-6-1: Purpose
13-6-2: Home Occupations
13-6-3: Outdoor Storage -Vehicles
13-6-34: Nameplates And Signs
13-6-4: Buildings Of Historical, Architectural Or Cultural Significance
13-6-5: Cluster Type Single-Family Detached Dwellings
13-6-6: Area, Bulk, Density And Setback Requirements
13-6-7: Short-Term Residential Rental

13-6-1: PURPOSE:
The residence districts provide for the development of various types of dwelling units
within a framework of standards designed to:
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A. Preserve and further promote low density single-family detached dwelling
neighborhoods consistent with the predominant character of the village (R1-R2).
B. Encourage the development of medium density single-family detached dwelling
neighborhoods where it is possible to provide public streets and utilities (R3-R4). employ
modern, efficient land planning techniques with smaller networks of utilities and
pavements.
C. Provide housing options including attached residential units through the application
of various lot sizes, dwelling types, and density (R5).
D. Provide flexibility in the design of residential development to include a mixture of residential
uses, or the clustering of residential dwellings on smaller lots to allow for the preservation of
open space, natural resources, and creation of recreational areas.

E. Provide for the economically sound and aesthetically pleasing use of areas
characterized by their proximity to heavy traffic, the regional shopping center and light
industry, including the use of town houses and garden type low density multiple-family
dwellings. (Ord. G-60, 3-22-1966)
Regulations Applicable to all Residence Districts
13-6-2: HOME OCCUPATIONS:
In all residence districts, unless otherwise provided in the regulations of this title, any
customary home occupation shall be permitted provided:
A. It is conducted entirely within the dwelling and only by members of the family, and
when such home occupation is incidental and secondary to the use of the dwelling for
dwelling purposes. The dwelling shall be the primary residence of the operators of the
home occupation.
B. It is not conducted from a detached or attached accessory structure, requires no
internal or external alterations and involves no construction features or use of equipment
not customary in a dwelling., and Tthe entrance to the space devoted to such occupation
shall be from within the dwelling.
C. and Nnot more than one-fourth (1/4) of the permitted building coverage of the principal
structure or basement shall be the floor area of a story, including also a cellar of the
dwelling, is devoted to such home occupation.
D C. There is no exterior display or activity that will indicate from the exterior of that the
dwelling that it is being used for any use other than a dwelling.
ED. Stock in trade, including that which is produced on the premises, shall not require
receipt or delivery of merchandise, goods or equipment other than by United States letter
carrier mail, similar parcel delivery service or by private passenger automobile. (Ord. G-60,
3-22-1966)
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F. The operator or operators of the home occupation shall be his or her legal and
primary place of residence;
1. No one may participate in or assist with the conduct or operation of a home

occupation except:

a. Individuals who meet the same residence requirements, set forth in Section A.

above;
b. A nonresident assistant, subject to the following requirements and limitations:
i. Participation by the nonresident assistant shall be in a subordinate
capacity only, incidental to the conduct of the home occupation as
for example, the services of a nurse, receptionist or clerical assistant
in the home occupation of a physician;
ii. The nonresident assistant shall not participate, totally or partially, in the
capacity as an additional operator of the home occupation, as an
additional practitioner of the professional, craft or occupational service
of the operator, or as a partner or professional associate thereof.
G. There shall be no change in the outside appearance of the building or premises
or other visible evidence of the conduct of such home occupation.

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H. Alterations shall not be made to the interior of the dwelling which would render it
undesirable for residential use.
I. No vehicular traffic substantially greater than normal in the adjacent residential area is
permitted.
J. Any activity, use, type of materials, or quantity of materials that is illegal or would be
classified by the adopted International Building Code as High-Hazard Group H.,
creates visible or audible interference in radio and television receivers, or causes
fluctuations in line voltage outside the dwelling units is prohibited.
K. No permitted home occupation(s) shall interfere with the reasonable use and
enjoyment of adjacent residential properties.

13-6-3: OUTDOOR STORAGE- VEHICLES
For all Residence Districts, the following regulations apply to outdoor storage:
A. The overnight storage of commercial vehicles outside in any building area or

required yard is prohibited.
B. The storage of recreational vehicles is permitted as long as the following
requirements are met:
1. Storage of a recreational vehicle may only be located on lots 1 acre or more in
size;
2. The storage area for a recreational vehicle must not be located within the front
yard and must not be in front of the façade of the principal building on the lot;
and
3. Screening of the vehicle must be provided. The screening must be a permanent year
round screening with either evergreen plantings or a combination of evergreen plantings and
permanent fencing or masonry materials as permitted by the Village Code.

13-6-34: NAMEPLATES AND SIGNS:
See chapter 11 of this title. (Ord. G-60, 3-22-1966; Ord. G-203, 12-14-1976; Ord. G-510, 6-91993; Ord. G-549, 1-24-1995; Ord. G-586, 4-8-1997; Ord. G-695, 3-26-2002)

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13-6-4: BUILDINGS OF HISTORICAL, ARCHITECTURAL OR CULTURAL SIGNIFICANCE:
A. Purpose: The purpose of this special use category is to provide a method of preserving
institutional buildings in existence prior to the incorporation of the village which are of
historical, architectural or cultural significance for use as residential dwellings.
B. Criteria: In addition to the standards set forth in subsection 13-14-9E of this title, no
special use may be granted hereunder unless:
1. The existing building has historical, architectural or cultural significance according to
one or more of the following criteria:
a. Its character, interest or value as part of the development, heritage, or cultural
characteristics;
b. Its identification with a person or persons who significantly contributed to the
development of the community, county, state or country;
c. Its exemplification of the cultural, religious, economic, social, political or historic
heritage of the community;
d. Its embodiment of distinguishing characteristics of an architectural style valuable for
the study of a period, type, method of construction or use of indigenous materials;
e. Its identification as the work of a master builder, designer or architect whose
individual work has influenced the development of the community, County, State or country;
f. Its embodiment of elements of architectural design, detail, materials or draftsmanship
which represent a significant architectural innovation;
g. Its unique location or singular physical characteristics representing an established or
familiar visual feature of a neighborhood or the community; and
2. The building is suitable for preservation and continued use of conversion as residential
dwellings.
C. Findings: In addition to the findings required under subsection 13-14-9E of this Title, no
special use may be granted hereunder unless findings are made that:
1. The building in question has historical, architectural or cultural significance according
to one or more of the criteria set forth in this Section;
2. The proposed preservation plan does in fact preserve the existing building as a
historical, architectural or culturally significant structure;
3. The building is suitable for preservation and continued use or conversion as residential
dwellings.
D. Procedure:
1. The applicant shall file concurrently:
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a. An application for a special use as herein provided; and
b. An application for approval of a proposed preservation plan, which applications shall
be processed in the manner prescribed in subsection 13-14-9D of this Title.
2. The proposed preservation plan shall include:
a. Information addressing the criteria set forth in subsection B of this Section;
b. Floor plans showing, in detail, existing and proposed uses of all areas of the building;
c. A plat of survey of the property involved showing the location of all existing structures
and a site plan showing the location of all proposed structures and existing structures to be
retained;
d. A statement detailing the nature of any alteration to existing interior or exterior
architectural features specifically identifying those features to be preserved and/or restored;
(2');

e. A topographical analysis of the site with contour intervals of not more than two feet

f. Information on existing and proposed water mains, sanitary sewers, storm sewers,
storm water retention and runoff, stream channels, floodplains and floodways, lakes, ponds
or other public improvements;
g. A study of traffic engineers providing information on the impact of the development on
public streets and intersections;
h. A plat or map showing the land uses, physical features, and zoning of all adjacent
lands within four hundred (400) yards of the property involved;
i. A proposed fire protection plan detailing the description and location of proposed fire
protection equipment and automatic sprinkler systems;
j. A set of plans detailing existing and proposed exterior elevations, a list of any items
being removed from the exterior of the building, and typical details for existing and proposed
windows, doors, bays and balconies.
3. No special use as provided herein may be issued until a preservation plan has been
approved as provided herein, provided that such a special use may be approved upon the
condition that the final preservation plan, detailing the information required in subsection D2
of this Section and accompanying documents required in subsection D4 of this Section be
submitted to and approved by the corporate authorities within a reasonable time as specified
in the ordinance approving the special use.
4. The final preservation plan shall be accompanied by:
a. Final plans and specifications for all public improvements reasonably required for
implementation of the preservation plan. Such plans and specifications shall comply with all
applicable standards of the Village for said public improvements;
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b. A draft of all necessary or advisable covenants, easements, preservation restrictions
and condominium declarations acceptable in form and substance to the Village.
E. Bulk Standards: The bulk standards established in this Section shall apply except as
follows:
1. Structure Height: Structure height of existing buildings shall be established as
necessary to preserve and restore such buildings, provided that no existing structure may
exceed its existing structure height or elevation.
2. Ground Floor Area Per Dwelling: Not less than nine hundred (900) square feet.
3. Floor Area Per Dwelling: Not less than two thousand four hundred (2,400) square feet.
4. Parking:
and

a. Two (2) parking spaces for each dwelling unit and reserved for each said dwelling unit;
b. One parking space for each dwelling unit for visitor and guest parking.

5. Density: No more than three (3.0) dwelling units per acre.
6. Preservation Vista: Not less than one hundred fifty feet (150').
7. Lot Area: Not less than twelve (12) acres. (Ord. G-328, 8-24-1982)

13-6-5: CLUSTER-TYPE SINGLE-FAMILY DETACHED DWELLINGS:

Residential development of cluster-type single-family detached dwellings shall meet the
following criteria:
A. Bulk Standards: The bulk standards of this Section shall apply except as follows:
1. Structure Height: Not more than thirty feet (30') above the highest point of the
foundation.
2. Density: Not more than two and three-tenths (2.3) dwelling units per acre, provided the
total lot area does not exceed twenty two percent (22%) of gross land area.
3. Lot Area: Not less than three thousand seven hundred (3,700) square feet.
B. Lot Width: Not less than fifty three feet (53') as determined at the rear lot line.
C. Yards: Distances between buildings, public or private rights of way and subdivision
boundaries, which shall apply in lieu of the zoning yard requirements for the R3 District, shall
be not less than:
1. Sixteen feet (16') from the side wall eaves to the side wall eaves;
2. Seventy feet (70') from the rear wall eaves to the rear wall eaves;
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3. Twenty feet (20') from the front wall eaves to the right of way or access easement line;
4. Fifteen feet (15') from the side wall eaves to the right of way or access easement line;
5. Fifteen feet (15') from the rear wall eaves to the right of way or access easement line;
and
6. Thirty five feet (35') from the rear wall eaves to the subdivision boundary.
Patios, decks, roof overhangs, chimneys and bay windows shall be permitted within an
exclusive easement adjoining the front, rear and side lot lines. This easement may also
provide utility access, provided that any structures in the easement do not conflict with the
needs of any utility.
D. Subdivision Controls: All common areas shall be titled to and maintained by a
homeowners' association as open space for joint use by the residents of the subdivision. At
least eighty percent (80%) of occupied dwellings within the subdivision shall be occupied by
at least one person who is fifty five (55) years of age or older, and all occupants must be
eighteen (18) years of age and older, and this restriction shall be included within the
covenants, conditions and restrictions recorded with the plat of subdivision. (Ord. G-618, 922-1998)

13-6-6: AREA, BULK, DENSITY AND SETBACK REQUIREMENTS

A. Building Coverage
1. For the purposed of calculating the primary building lot coverage for single-

family dwellings, the access easements or ‘handle’ for lots-in-depth shall not be
included in determining total lot square footage. The Lot Coverage is the
percentage of a zoning lot's area covered by all roofed structure on the lot (i.e.
principal and attached accessory structures), and NOT detached accessory
structure (See Chapter 3 of this Title).
2. Rear Yard Lot Coverage (Section 13-3-6. B. d. (2)) includes all rear yard

improvements (1.e. patios, pools, sheds, garages, accessory living units, pool
houses and sports).
3. Building facades in the residential districts shall have exterior wall material

consisting of 50% stone or brick for each side of the building (not including areas
for windows and doors).
SECTION 13-6-7: SHORT-TERM RESIDENTIAL RENTAL

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SHORT-TERM RESIDENTIAL RENTAL: A Residential Structure, as defined herein, offered for
rent for a period which does not exceed thirty (30) consecutive days. The term "Short-Term
Residential Rental" shall not include hotels.
SHORT-TERM RESIDENTIAL RENTAL PROPERTY OWNER: The individual or entity which has
title to the property which is the subject of a Short-Term Residential Rental.

13-6-7A: PURPOSE AND APPLICABILITY:

It is the intent and purpose of this Section (Short-Term Residential Rental) to preserve the character
and integrity of residential neighborhoods within the Village by prohibiting Residential Structures
from being used for the commercial purpose of providing Short­ Term Residential Rentals.

13-6-7B: SHORT-TERM RESIDENTIAL RENTALS PROHIBITED:

1. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for
rent or use, any property within the Village of Oak Brook as a Short-Term Residential Rental.
2. It shall not be considered a Short-Term Residential Rental when the preceding owner of a
property maintains possession of a Residential Structure after closing for the sale thereof but
leases the property back from the successor owner for a period of time pursuant to a written
agreement.
13-6-7C: PUBLIC NUISANCE DECLARED:

Operation of any Short-Term Residential Rental within the Village of Oak Brook in violation of the
provisions of this Chapter may be deemed a public nuisance and abated pursuant to all available
remedies, including but not limited to injunctive relief. In addition to the penalties provided for
herein, the Village of Oak Brook shall be entitled to receive from the Short-Term Residential Rental
Owner reimbursement for the cost of the Village's reasonable attorney fees, costs and expenses
incurred by the Village of Oak Brook to abate a Short­ Term Residential Rental operating as a public
nuisance.

13-6-7D: PENALTIES:

Any Short-Term Residential Rental Owner or other person or entity who violates any of the
provisions set forth or referenced in this Chapter, shall be subject to the following penalties:

1. A fine of one thousand dollars ($1,000.00) for a first offense within a 12-month period, and a fine
of two thousand five hundred dollars ($2,500.00) for a second or subsequent Offense within a
12-month period.
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2. Each day that a violation of this Chapter continues shall be considered a separate and distinct
offense and a fine shall be assessed for each day a provision of this Chapter is found to have
been violated. Notwithstanding the forgoing, the escalation of fines as set forth above shall not
occur until a prior adjudication of a violation against the same individual or entity has been
entered.
3. Continued violations of this Chapter are subject to an injunction to enforce this Chapter.
NOTICE OF VIOLATION: See Section 13-14-11

ARTICLE A. R1 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT
SECTION:
13-6A-1: Permitted Uses
13-6A-2: Special Uses
13-6A-3: Lot Area Requirements
13-6A-4: Additional Regulations

13-6A-1: PERMITTED USES:
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.
Single-family detached dwellings.
Accessory uses and structures, subject to the following:
A. Uses and structures customarily accessory to single-family dwellings.
B. Noncommercial pursuit of agriculture: 1) on lots not less than ten (10) acres in area,
provided structures and land used for the shelter, feeding, keeping, propagating, culture of
poultry and livestock shall not be less than one hundred feet (100') from the nearest lot line,
and any other structure or land used in the pursuit of agriculture shall not be less than one
hundred feet (100') from the nearest street line, and not less than fifty feet (50') from the
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nearest interior and rear lot line; and 2) on lots less than ten (10) acres in area, provided such
uses involve only the growing of farm and garden crops and nursery stock and no accessory
structures are used exclusively for such uses, except conservatories or greenhouses of the
types customarily attached to dwellings.
C. Dwelling units for housing domestic servants or other persons employed on the
premises and guest houses.
D. Horse stables, private, on lots not less than two (2) acres in area; provided that no more
than two (2) horses are kept, except that one additional horse may be kept for each one acre
of additional lot area over two (2), and no structure used for shelter shall be nearer than ninety
feet (90') from side and rear lot lines and one hundred fifty feet (150') from front lot lines, or
any streets; such stables to be subject to the following standards:
1. The stable must not be detrimental to or endanger public health or safety;
2. The stable must not be injurious to the use and enjoyment of property in its immediate
vicinity nor diminish or impair property values in the neighborhood;
3. Adequate utility service and drainage facilities must be provided and approved by the
Village Engineer;
4. The storage area for manure must meet the same setback requirements of stable
building location;
5. Manure removal must meet the requirements of the Department of Health of DuPage
County and must be so scheduled in frequency so as not to be offensive or injurious to public
health;
6. A pest control program must be instituted to meet the requirements of the Department
of Health of DuPage County.
E. Storage of building materials and equipment and temporary structures for construction
purposes, when on the same or adjoining lot as the principal uses and for a period of not to
exceed the duration of such construction.
F. Temporary construction and sales offices in subdivisions containing forty (40) acres or
more in area, for a period not to exceed ninety (90) days following completion of such
construction. (Ord. G-60, 3-22-1966)

13-6A-2: SPECIAL USES:
Agricultural: Growing of farm and garden crops and nursery stock as a principal use on a lot,
provided:
A. The lot area for commercial growing of farm crops, truck garden produce, and nursery
stock shall be not less than ten (10) acres in area.

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B. The sale of such materials is not conducted from a store, stand or other structure
erected or maintained for such purpose.
Cemeteries (subject to compliance with the regulations in chapter 16 of this title): Any
existing cemetery and structure shall be deemed to have a special use permit as required by
this section, notwithstanding whether these existing cemeteries and structures comply, as of
January 22, 2013, with the provisions of chapter 16 of this title. Any expansion, change, or new
construction relating to an existing cemetery and structure shall comply with chapter 16 of
this title, but any such activity shall not require a new or amended special use permit, or other
zoning relief, provided that the activities comply with chapter 16 of this title. Notwithstanding
the foregoing, no special use permit granted pursuant to this section, whether for an existing
cemetery and structure or for a new cemetery or structure, shall permit a community burial
structure to be built in a residence district.
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 subdivision.
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, village owned communication towers,
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: The following recreational and cultural uses, public or private,
provided the site meets the minimum area requirements hereinafter stipulated:
A. Golf courses and clubs, standard or par 3, when operated only during daylight hours, but
not including commercially operated miniature courses or golf driving ranges, not less than
twenty five (25) acres.
Accessory uses: Accessory uses, customarily incidental to the above special uses, including,
but not limited to, agricultural, recreational and cultural uses, as follows:
A. Clubhouses and lodges, containing customary facilities incidental to the operation of the
principal recreational use including, but not limited to, restaurants, cocktail lounges and
shops primarily for the sale and service of equipment and other commodities related to
participation in the recreational facilities on the premises on lots not less than two (2) acres in
area, and provided further that the restriction relating to operation only during daylight hours
does not apply to the accessory uses.

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B. Horse stables, kennels and other similar structures, for keeping and shelter of livestock,
other animals, poultry and game, and accessory structures, provided that such structures
shall be located: 1) not less than one hundred fifty feet (150') from a street; 2) not less than
one hundred feet (100') from a structure on the same lot intended for occupancy as a
dwelling; 3) not less than one hundred feet (100') from a residence district line; 4) not less
than seventy feet (70') from a nonresidence district line; and 5) on lots not less than ten (10)
acres in area. (Ord. G-60, 3-22-1966; Ord. G-328, 8-24-1982; Ord. G-483, 3-10-1992; Ord. G571, 6-11-1996; Ord. G-608, 3-10-1998; Ord. G-675, 3-27-2001; Ord. G-938, 11-9-2010; Ord.
G-989, 1-22-2013)

13-6A-3: LOT AREA REQUIREMENTS:
A. Lot Area: Except as otherwise required in this title for a specific use, not less than two (2)
acres.
B. Lot Width: Not less than two hundred twenty feet (220') within the buildable area.
B. Floor Area Ratio: Not to exceed 0.4 for nonresidential uses.
C. Maximum Lot Coverage (Principal Structures): Not to exceed .20.

E. 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') excluding village owned
communication towers, which may not exceed a height of one hundred twenty feet (120').
F. Ground Floor Area Per Dwelling:
1. One story: Not less than two thousand (2,000) square feet.
2. Bilevel: Not less than one thousand eight hundred (1,800) square feet.
3. Dwellings having more than one story: Not less than one thousand five hundred (1,500)
square feet.
G. Yards: Except as required in subsections 13-6A-1B and D of this article, under
"accessory uses and structures", yards shall be provided as follows:
1. Front: Not less than fifty feet (50') in depth, except front yards abutting York and Cermak
Roads shall have a depth of not less than one hundred feet (100').
2. Side: Not less than thirty feet (30') in depth, except: a) a side yard abutting a street shall
be not less than fifty feet (50') in depth, and for nonresidential uses each interior side yard
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shall be 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 one hundred feet (100') in depth. (Ord. G-60, 3-22-1966; Ord. G-616,
8-11-1998; Ord. G-730, 9-23-2003; Ord. G-938, 11-9-2010; Ord. G-977, 8-14-2012)

13-6A-4: ADDITIONAL REGULATIONS:
A. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966)

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ARTICLE B. R2 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT

SECTION:
13-6B-1: Permitted Uses
13-6B-2: Special Uses
13-6B-3: Lot Area Requirements
13-6B-4: Additional Regulations

13-6B-1: PERMITTED USES:
Permitted uses shall be those as in the R1 single-family detached residence district. (Ord. G60, 3-22-1966)

13-6B-2: SPECIAL USES:
Special uses shall be those as in the R1 single-family detached residence district. (Ord. G608, 3-10-1998)

13-6B-3: LOT AREA REQUIREMENTS:
A. Lot Area: No less than one acre, except as otherwise required in this title for a specific
use.
B. Lot Width: Not less than one hundred fifty feet (150') within the buildable area.
C. Floor Area Ratio: Not to exceed 0.4 for nonresidential use.
D. Maximum Lot Area Coverage (Principal Structures): Not to exceed .20.
E. 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').
F. Ground Floor Area Per Dwelling:

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1. One Story Without Basement: Not less than one thousand eight hundred (1,800) square
feet.
2. One Story With Basement: Not less than one thousand six hundred (1,600) square feet.
3. Dwellings Having More Than One Story: Not less than one thousand two hundred fifty
(1,250) square feet.
G. Yards: Except as required in subsections B and D under "accessory uses and structures"
in section 13-6A-1 of this chapter, yards shall be provided as follows:
1. Front: Not less than forty feet (40') in depth.
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 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 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').
3. Rear: Not less than sixty feet (60') in depth. (Ord. G-60, 3-22-1966; Ord. G-328, 8-241982; Ord. G-616, 8-11-1998; Ord. G-730, 9-23-2003)
13-6B-4: ADDITIONAL REGULATIONS:
A. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966)

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ARTICLE C. R3 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT
SECTION:
13-6C-1: Permitted Uses
13-6C-2: Special Uses
13-6C-3: Lot Area Requirements
13-6C-4: Additional Regulations

13-6C-1: PERMITTED USES:
Permitted uses shall be those as in the R1 single-family detached residence district. (Ord. G60, 3-22-1966)

13-6C-2: SPECIAL USES:
Special uses shall be those as in the R1 single-family detached residence district; and
Residential development of cluster type single-family detached dwellings intended for
occupancy by persons fifty five (55) years of age or older, and all occupants at least eighteen
(18) years of age or older, on parcels not less than thirty (30) acres in area 1 .
Residential development of existing buildings of historical, architectural or cultural
significance 2 . (Ord. G-60, 3-22-1966; Ord. G-83, 4-9-1968; Ord. G-203, 12-14-1976; Ord. G608, 3-10-1998)

Notes
1

1. See section 13-6-5 of this chapter.

2

2. See section 13-6-4 of this chapter.

13-6C-3: LOT AREA REQUIREMENTS:
A. Reduction Of Lot Area: Not less than twenty five thousand (25,000) square feet, except
that in subdivisions of eighty (80) acres or more in area, the lot area may be reduced to onehalf (1/2) acre provided that lands equal to ten percent (10%) of the total area be dedicated to
the village, or agency approved by the village board, for park or recreational uses and no
portion of which shall be less than four (4) acres. The dedicated land shall be appropriate for
park or recreational uses, and shall not include wet drainageways in excess of twenty five
percent (25%) of the total dedicated area.
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B. Lot Width: Not less than one hundred feet (100') within the buildable area.
C. Floor Area Ratio: Not to exceed 0.4 for nonresidential uses.
D. Maximum Lot Area Coverage (Principal Structures): Not to exceed .20.
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').
F. Ground Floor Area Per Dwelling:
1. One story: Not less than one thousand five hundred (1,500) square feet.
2. Bilevel: Not less than one thousand three hundred (1,300) square feet (floors at grade
and above basement).
3. Dwellings having more than one story: Not less than one thousand (1,000) square feet.
G. Yards: Except as required in subsections 13-6A-1B and D of this chapter under
"accessory uses and structures", yards shall be provided as follows:
1. Front: Not less than forty feet (40') in depth.
2. Side: Not less than twelve feet (12') 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 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').
3. Rear: Not less than forty feet (40') in depth. (Ord. G-60, 3-22-1966; Ord. G-83, 4-9-1968;
Ord. G-203, 12-14-1976; Ord. G-730, 9-23-2003; Ord. G-977, 8-14-2012)
13-6C-4: ADDITIONAL REGULATIONS:
A. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966)

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ARTICLE D. R4 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT
SECTION:
13-6D-1: Permitted Uses
13-6D-2: Special Uses
13-6D-3: Lot Area Requirements
13-6D-4: Additional Regulations

13-6D-1: PERMITTED USES:
Permitted uses are those as in the R1 single-family detached residence district. (Ord. G-60, 322-1966)
13-6D-2: SPECIAL USES:
Special uses are those as in the R1 single-family detached residence district; and
Single-family detached, attached and semidetached dwellings, on parcels not less than fifty
(50) acres in area, provided that the gross density of each such development shall not exceed
three (3) dwelling units per acre; the structure heights shall not exceed thirty feet (30'); no
structure shall contain more than two and one-half (21/2) stories; the ground floor living area
per dwelling shall not be less than one thousand three hundred (1,300) square feet for a one
story dwelling and nine hundred (900) square feet for a dwelling of more than one story; the
minimum distance between principal buildings, as measured between bearing walls, shall be
not less than twenty feet (20'), except that this distance may be reduced by two feet (2') if one
of such walls encloses an attached garage or carport and by four feet (4') if each of such walls
encloses an attached garage or carport; provided further, that each principal building shall be
set back at least thirty feet (30') from dedicated public streets, off street loading and off street
parking requirements shall be as provided in chapter 12 of this title; and provided that a
preliminary development plan indicates sufficiently clearly the proposed streets, rights of
way, lot sizes and setbacks, so that the village board in granting approval of such preliminary
plan may clearly define the areas of any special restrictions it may wish to impose and that
approval of the final subdivision plan shall be subject to same. (Ord. G-60, 3-22-1966)

13-6D-3: LOT AREA REQUIREMENTS:
A. Lot Area:
1. Not less than eighteen thousand (18,000) square feet, except that in subdivisions forty
(40) acres or more in area, the lot area may be reduced to fifteen thousand (15,000) square
feet provided that lands equal to ten percent (10%) of the total area be dedicated to the
village, or agency approved by the village board, for park or recreational uses and no portion
of which shall be less than four (4) acres.
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2. For single-family detached dwellings, the dedicated land shall be appropriate for park
or recreational uses, and shall not include wet drainageways in excess of twenty five percent
(25%) of the total dedicated area.
B. Lot Width: Not less than seventy five feet (75') within the buildable area.
B. Floor Area Ratio: Not to exceed 0.4 for nonresidential uses.
C. Maximum Lot Area Coverage (Principal Structures): Not to exceed .20.
E. 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').
F. Ground Floor Area Per Dwelling:
1. One story: Not less than one thousand three hundred (1,300) square feet.
2. Bilevel: Not less than one thousand one hundred (1,100) square feet (floors at grade
and above basement).
3. Dwellings having more than one story: Not less than nine hundred (900) square feet.
G. Yards: Except as required in subsections 13-6A-1B and D of this chapter under
"accessory uses and structures", yards shall be provided as follows:
1. Front: Not less than thirty feet (30') in depth.
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 be not less than thirty feet (30') in depth;
c. 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');
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').

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3. Rear: Not less than thirty feet (30') in depth. (Ord. G-60, 3-22-1966; Ord. G-66, 12-191966; Ord. G-83, 4-9-1968; Ord. G-203, 12-14-1976; Ord. G-608, 3-10-1998; Ord. G-730, 9-232003; Ord. G-977, 8-14-2012)

13-6D-4: ADDITIONAL REGULATIONS:
A. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966)

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ARTICLE E. R5 RESIDENCE DISTRICT
SECTION:
13-6E-1: Permitted Uses
13-6E-2: Special Uses
13-6E-3: Lot Area Requirements

13-6E-4: Additional Regulations

13-6E-1: PERMITTED USES:
Accessory uses and structures including those uses and structures customarily accessory to
residential dwellings.
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. (Ord. G-903, 11-10-2009)

13-6E-2: SPECIAL USES:
Cemeteries (subject to compliance with the regulations in chapter 16 of this title): Any
existing cemetery and structure shall be deemed to have a special use permit as required by
this section, notwithstanding whether these existing cemeteries and structures comply, as of
January 22, 2013, with the provisions of chapter 16 of this title. Any expansion, change, or new
construction relating to an existing cemetery and structure shall comply with chapter 16 of
this title, but any such activity shall not require a new or amended special use permit, or other
zoning relief, provided that the activities comply with chapter 16 of this title. Notwithstanding
the foregoing, no special use permit granted pursuant to this section, whether for an existing
cemetery and structure or for a new cemetery or structure, shall permit a community burial
structure to be built in a residence district.
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.
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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.
Multi-family age-restricted dwellings, provided that the following conditions, in addition to
those set forth in Zoning Ordinance Section 13-14-9, are met:
A. The petitioner must provide the Village with an analysis of the proposed development's
anticipated impact on emergency services, including, without limitation, the anticipated cost
of providing those services. In accordance with Section 1-14-1(B), all costs incurred by the
Village reviewing the petitioner's analysis, including the costs of professional consultants,
shall be borne by the petitioner;
B. The petitioner must provide the Village with a plan addressing how emergency service
calls will be handled, including, without limitation, how the petitioner will assist the Village in
handling the provision and/or cost of emergency services that are specifically and uniquely
attributable to the proposed development, so as to protect the public health, safety, and
welfare; and
C. The petitioner must provide the Village with a market study addressing the demand for the
proposed development. The market study must take into account the local and county
demand for the proposed development.
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.
Residential townhomes and condominiums.
Senior housing including nursing homes, independent living, assisted living and congregate
care facilities. (Ord. G-903, 11-10-2009; Ord. G-989, 1-22-2013; Ord. S-1559, 2-12-2019)

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:
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a. Underground parking (for all required parking spaces): Four (4) units per acre.
b. Open space in excess of thirty percent (30%) 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 thirty percent (30%) of the project area: Two (2) units per
acre.
C. Floor Area Ratio: Not to exceed 0.5 for nonresidential uses.
D. Maximum Lot Area Coverage (Principal Structures): Not to exceed .35 for residential use.
E. 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 feet (50').
F. Yards:
1. Front: Not less than forty feet (40') in depth.
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. (Ord. G-903, 11-10-2009; Ord. G-977, 8-142012)

13-6E-4: ADDITIONAL REGULATIONS:

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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
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.
(Ord. G-903, 11-10-2009)

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CHAPTER 7
BUSINESS DISTRICTS
SECTION:

13-7-1: Purpose

13-7-2: Establishment of Commercial Districts:

13-7-23: Two Or More Uses On A Lot

13-7-4: Location or Retail Sales On-Premise:
13-7-5: Outdoor Sales and Uses:

13-7-3: Scope

13-7-4: Performance Standards
13-7-56: Truck Parking

13-7-7: Outdoor Dining Areas
13-7-1: PURPOSE:

The business districts provide for groupings of business and other nonresidential
establishments in accordance with their compatibility, functions and scope of service. The
regulations of the various business districts are designed to govern developments ranging
from the local shopping areas serving primarily residents of the village to those which serve
the region. (Ord. G-60, 3-22-1966; Ord. G-514, 7-13-1993)

13-7-2: ESTABLISHMENT OF COMMERCIAL DISTRICTS:

B1 Local Shopping Center District – This district focuses on supplying the nearby
residential uses with small to medium scale retail and service uses. This includes
retail stores, personal services, and restaurants which are typically adjacent to
residential neighborhoods.
B2 Regional Shopping Center District – This district focuses on providing a large
range of retail sales opportunities to the regional population. This includes “big
box” and specialty stores located at a central location which is accessed by
automobile.

B3 General Business District – This district focuses on general retail and is typically
located along major commercial corridors and not necessarily adjacent to residential
uses. This district will see larger corporate stores and is more tailored to the
automobile for transportation.

B4 Hotel-Office District – This district focuses on large scale hotel and office use
developments as well as supportive uses. This district is intended to provide hotel guests
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and office users a variety of commercial uses and services nearby without the use of an
automobile.
REGULATIONS APPLICABLE TO ALL BUSINESS DISTRICTS
13-7-23: TWO OR MORE USES ON A LOT:

Wherever two (2) or more permitted uses or special uses, each requiring a minimum lot area,
are located in the same building or on the same lot, the required minimum lot area shall be the
sum of the areas required for each use individually. When one or more uses has a required
minimum lot area, the total lot area shall equal the sum of the required lot areas plus an
additional area equivalent to that devoted to the use which does not have a required minimum
lot area. (Ord. G-60, 3-22-1966; Ord. G- 514, 7-13-1993)
13-7-3: SCOPE:

13-7-34: LOCATION OF RETAIL SALES ON-PREMISE:

A. All business establishments shall be retail trade or service establishments dealing directly
with consumers and all goods produced on the premises shall be sold on the premises
where produced, except for approved specialty retail programs in outdoor areas of a
shopping center in districts where permitted as a special use.
13-7-5: OUTDOOR SALES AND USES

BA. All business, service, storage, merchandise, display and where permitted, repair and
processing shall be conducted wholly within a completely enclosed building except for:
1. Off street automobile parking, off street loading, and open sales lots and drive-in
facilities in districts where they are permitted;

2. Outdoor dining areas adjacent to restaurants in districts where outdoor dining areas
are a permitted use; and approved by the Development Services department;

3. Approved specialty retail programs in outdoor areas of a shopping center in districts
where permitted as a special use; approved by the Development Services department;
4. Outdoor sales events on a property in any business district provided that all of the
following conditions are met:

a. Any such use shall require the specific prior approval of the Development Services
department on the basis of the adequacy of the lot size, parking provisions, and traffic
access and the absence of undue adverse impact on other properties. Such event shall be
of a limited duration (14 days or less per event) occurring no more than two (2) times in
any calendar year; and

b. Such event is held in a temporary enclosure that received all required permits from
the village; and

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cb. Such event offers for sale only items that are normally sold inside the building in
conformity with the principal use of the subject property; and
dc. Such event conforms to all signage and setback requirements of the underlying
zoning district; and

ed. The property complies with all parking requirements of the underlying district, or, in
the alternative, the petitioner reasonably demonstrates that notwithstanding any temporary
noncompliance, the conduct of the event will not impose any undue traffic or parking burden
on surrounding properties and streets; and
fe. Such event is approved by the village board of trustees Development Services
department upon petition or request from the property owner detailing prospective
compliance with the conditions herein; and.

5. Farmers' markets and/or French markets involving the sale of flowers, culinary
accessories and edible items for consumption off the premises where the sale is made in
districts where permitted as a special use.

5. Mobile Food Vendors/ Food Trucks are prohibited in the Village of Oak brook
with the exception of special events as de�ined under, Chapter 12, Section 4-12-2.

B. Goods sold shall consist primarily of new merchandise, except for antique shops. (Ord. G60, 3-22-1966; Ord. G-572, 6-11-1996; Ord. G-721, 6-10-2003; Ord. G-870, 9-9-2008; Ord.
G-915, 1-12-2010; Ord. G-1163, 4-28-2020) The Following outdoor sales uses are
prohibited:

1. Vending machines, including but not limited to the dispensing of food, rental movies or
other multi-media, beverages, and other goods for retail sale.

C. Outdoor Storage

For all Commercial Districts, the following regulations apply to outdoor sales and uses:
1. No outdoor storage area shall be located between any principal structure and

either its front or corner side lot line, except as speci�ically approved of by the
Village Board during site plan review or planned development approval process
after consideration by the Planning and Zoning Commission; and

2. All outdoor storage shall be enclosed by a screening fence, wall or densely

planted evergreen hedge of a height suf�icient to screen such containers or
storage areas from view from adjoining properties and public or private streets.

13-7-4: PERFORMANCE STANDARDS:
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All activities involving the production, processing, cleaning, servicing, testing, or repair of
materials, goods or products, shall conform with the performance standards established for
the ORA office-research-assembly districts 1 . (Ord. G-60, 3-22-1966)
Notes
1

1. See section 13-10-3 of this title.

13-7-56: TRUCK PARKING:

Trucks in excess of one and one-half (11/2) tons' capacity used in conjunction with the
operations of any use permitted in business districts shall not be parked in the open within
one hundred fifty feet (150') of a residence district boundary line, except during normal
business hours. (Ord. G-60, 3-22-1966)
13-7-67: OUTDOOR DINING AREAS:

A. For the purposes of this section, "outdoor dining areas" are defined as the use of an
adjacent, outside area by a restaurant for the same eating and drinking activities that occur
within the restaurant.
B. The following regulations shall apply to outdoor dining areas:

1. The location of any outdoor dining area comply with all setback requirements in the
applicable zoning district and shall not obstruct pedestrian or vehicular traffic. A minimum of
five feet (5') of sidewalk clearance shall be maintained at all times for pedestrian travel;
2. Any outdoor dining area be under the direct supervision and control of the principal
restaurant, and such dining area be enclosed by a fence or other protective safety barrier
which shall be constructed to clearly delineate the boundaries of the area and to protect the
health and safety of restaurant patrons and the general public;
3. The hours of operation of any outdoor dining area be within the normal operating
hours of the principal restaurant;
4. There shall be no live entertainment in the outdoor dining area;

5. Plans shall be provided delineating the location of the outdoor dining area, and such
location be approved by the Building Official as part of a building permit. The outdoor dining
area shall be maintained in compliance with the approved plans;

6. The principal restaurant and outdoor dining area shall be in compliance with all the
requirements of this code and all other applicable rules and regulations of any other
governing agency including the DuPage County Health Department regarding restaurant and
outdoor dining areas. (Ord. G-1163, 4-28-2020)

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ARTICLE A. B1 LOCAL SHOPPING CENTER DISTRICT
SECTION:

13-7A-1: Permitted Uses
13-7A-2: Special Uses

13-7A-3: Lot Area Requirements
13-7A-4: Additional Regulations
13-7A-1: PERMITTED USES:

Accessory uses and structures, including, but not limited to, off street loading, off street
parking and business signs.
Antique shops.

Audio and video equipment, retail sales thereof, including components and related
accessories, installation and servicing of such products in motor vehicles and conducted
entirely within an enclosed structure with service entry at the rear of the building with no
overnight parking.

Bakeries, where not more than thirty percent (30%) of the floor area is devoted to processing.
Banks and financial institutions.

Barbershops and beauty parlors.
Book and stationery stores.

Camera and photographic supply stores and photographic studios.
Candy and ice cream stores.

Clinics, medical and dental, including accessory laboratories.
Drugstores.

Dry cleaning and laundry retail establishments; provided that processing, if done on the
premises, shall utilize nonexplosive and noninflammable materials, and that such processing
shall be limited to service of the principal use.
Fire stations.

Florist shops.

Food stores including grocery stores, meat markets and delicatessens.
Gift shops.

Haberdasheries.

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Hardware stores.
Health clubs.

Hobby, toy and game shops provided amusement arcades are not permitted.
Home decorating stores.

Home furniture and furnishings stores.
Housewares stores.

Jewelry stores, including watch, clock and jewelry repair.

Launderettes, including automatic self-service dry cleaning equipment.
Libraries, branch.

Liquor stores with a minimum of ten thousand (10,000) square feet of retail space.
Luggage and leather goods stores.

Men's and women's accessory and specialty stores.
Music stores.

Offices: business, professional and public.
Optical goods stores.
Police stations.
Post offices.

Restaurants, including cocktail lounges and outdoor dining areas (as described in section 137-6 of this Code).
Schools: Commercial, business, trade, music and dance subject to the conditions that the
permitted use is limited to second floor space of any building where a school is located and
that the use is limited to a maximum of ten percent (10%) of the total square footage of the
shopping center in which it is located provided that adequate parking is provided to
accommodate such use.
Shoe stores.

Sporting goods stores.

Temporary buildings, for construction purposes for a period not to exceed ninety (90) days
following completion of the development.
Travel bureaus and transportation ticket offices.
Variety stores.

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Wearing apparel shops. (Ord. G-60, 3-22-1966; Ord. G-444, 2-13-1990; Ord. G-778, 4-26-2005;
Ord. G-835, 9-25-2007; Ord. G-901, 10-13-2009; Ord. G-1023, 5-13-2014; Ord. G-1163, 4-282020)
13-7A-2: SPECIAL USES:

Accessory uses and structures, including, but not limited to, off street parking and off street
loading spaces and business signs.

Automobile service stations, on lots not less than twenty thousand (20,000) square feet.
Clubs, lodges, fraternities and community centers on lots not less than twenty thousand
(20,000) square feet.

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 facilities.

Farmers' markets and/or French markets involving the sale of flowers, culinary accessories
and edible items for consumption off the premises where the sale is made provided that the
following conditions are met:
A. Sale of used or preowned items is not permitted.

B. Farmers' market and/or French market may be conducted no more than one day per
week on any property zoned for business purposes.
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 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 Development Services
department of community development upon application and submittal of all required
information from the property owner detailing prospective compliance with the conditions
herein.
Multi-family age-restricted dwellings, provided that the following conditions, in addition to
those set forth in Zoning Ordinance Section 13-14-9, are met:

A. The petitioner must provide the Village with an analysis of the proposed development's
anticipated impact on emergency services, including, without limitation, the anticipated cost
of providing those services. In accordance with Section 1-14-1(B), all costs incurred by the
Village reviewing the petitioner's analysis, including the costs of professional consultants,
shall be borne by the petitioner;
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B. The petitioner must provide the Village with a plan addressing how emergency service
calls will be handled, including, without limitation, how the petitioner will assist the Village in
handling the provision and/or cost of emergency services that are specifically and uniquely
attributable to the proposed development, so as to protect the public health, safety, and
welfare; and
C. The petitioner must provide the Village with a market study addressing the demand for
the proposed development. The market study must take into account the local and county
demand for the proposed development.
Office supply stores.

Public utility, governmental service and transportation uses:
Bus turnarounds and passenger shelters.

Electric distribution centers and substations.
Gas regulator stations.

Outdoor ATM (automated teller machine) walk-up or drive-thru
Sewage and stormwater lift stations.
Showrooms

Telephone exchanges and transmission buildings and equipment, and outdoor telephone
booths and pedestals.
Water filtration plants, wells, pumping stations and reservoirs.

Restaurants and accessory cocktail lounges, without facilities for dancing and live
entertainment, on lots not less than two hundred feet (200') in width and not less than one
and one-half (11/2) acres in area.

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. (Ord. G-60, 3-22-1966; Ord. G-454, 10-9-1990; Ord. G-513,
6-22-1993; Ord. G-556, 7-11-1995; Ord. G-835, 9-25-2007; Ord. G-903, 11-10-2009; Ord. G915, 1-12-2010; Ord. S-1559, 2-12-2019; Ord. G-1163, 4-28-2020)
13-7A-3: LOT AREA REQUIREMENTS:

A. Floor Area Ratio: Not to exceed 0.5.

B. Structure Height: Not more than fifty feet (50') and not more than two (2) stories.

C. Yards:

1. No structure, other than access drives and paved parking areas, and signs as provided
in subsection 13-7A-4A of this article, shall be erected or maintained within the following
distances:
a. Sixty feet (60') from the right of way of any public street;

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b. Thirty feet (30') from a district boundary which abuts a public right of way which
does not afford a primary means of access to the district; and

c. Sixty feet (60') from any other district boundary; except when adjacent to a B2 district
boundary line; provided, however, that the area between a building and the right of way of
any street or other district boundary may be occupied by drives, drive-in banking facilities,
vehicular parking, sidewalks, landscaping and similar facilities, except paved parking, areas
shall not be located closer than ten feet (10') to any lot in a residence district or ten feet (10')
to any public street;
except that building shall be set back not less than one hundred feet (100') from the rights of
way of York Road, 22nd Street and 31st Street.

2. For the purpose of interpreting and enforcing the yard regulations of this section, the
entire area included within a B1 district, except that portion separated by a dedicated public
street, shall be considered as a single zoning lot; more than one building or structure may,
however, be erected thereon; and the only front, side and rear yards that need to be observed
are those provided for in subsection C1 of this section. (Ord. G-60, 3-22-1966; Ord. G-513, 622-1993; Ord. G-778, 4-26-2005)
13-7A-4: ADDITIONAL REGULATIONS:

A. Awnings, Marquees And Signs: See chapter 11 of this title.

B. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966; Ord. G-85, 5-14-1968; Ord. G-513, 6-22-1993;
Ord. G-695, 3-26-2002)

ARTICLE B. B2 REGIONAL SHOPPING CENTER DISTRICT
SECTION:

13-7B-1: Permitted Uses
13-7B-2: Special Uses

13-7B-3: Lot Area Requirements

13-7B-4: Additional Regulations
13-7B-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

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storage areas, yards, shops and similar facilities that are used solely for operating, servicing or
maintaining the activities and improvements within the district.
Art galleries.

Automobile service stations and automobile sales, including show rooms, electric powering
stations, fulfillment centers.
Banks and other financial institutions.

Barbershops, beauty parlors, and other aesthetic and personal wellness services, including but
not limited to salons and spas.
Bus depots, cab stands, and pick-up/drop-off areas for ride- sharing services.

Candy, ice cream and bakery shops, and other shops selling food products, including 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).
Data Center-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, including
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. Hybrid use shall not include showrooms. The following are provided by way of
example and not limitation:

A. Restaurants, cocktail lounges and tearooms, coffee houses, banquet facilities, microwineries, 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 pong and similar table
games, arcade games, outdoor dining areas (as described in section 13-7-6) and other forms of
service, entertainment and recreation.
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B. Retail stores and shops, including department stores, may operate and 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.

Radio and television broadcasting stations.

Restaurants, cocktail lounges and tearooms, coffee houses, banquet facilities, micro-wineries,
micro-breweries, outdoor dining areas (as described in section 13-7-6), and other businesses
offering the sale of food and beverage (but not including micro-distilleries). 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, 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 facilities, after- school programs for children, day camps, venues providing interactive
entertainment and educational programming for children, and activity centers for seniors and
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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. (Ord. G-1112, 9-26-2017; Ord. G-1163, 428-2020)
13-7B-2: SPECIAL USES:

Amusement establishments that are not expressly listed as a permitted use under section 137B-1 of this article, 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 13-7B-1 of this
article.

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 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 unless otherwise allowed in 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 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 Services department upon application and submittal of all required

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information from the property owner detailing prospective compliance with the conditions
herein.
Micro-distilleries.

Specialty retail programs that do not qualify as a permitted use under section 13-7B-1 of this
article.
Pre-schools, including nursery schools and kindergartens.

Public utility, governmental service, and transportation uses:
Bus turnarounds and passenger shelters.
Fire and police stations.

Outdoor ATM (automated teller machine) walk-up or drive-thru
Sewage and stormwater lift stations.
Showrooms

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. (Ord. G-1112, 9-26-2017; Ord. G-1163, 4-28-2020)

13-7B-3: LOT AREA REQUIREMENTS:

A. Floor Area Ratio: Not to exceed 0.5; provided, however, that with regard to any increase
of floor area over 0.3, not more than twelve and one-half percent (121/2%) of permissible
floor area in excess of 0.3 shall be devoted to office use as permitted under section 13-7B-1 of
this article.
B. Yards:

1. No structure, other than signs as provided for in subsection 13-7B-4A of this article
shall be erected or maintained within the following distances:

a. Three hundred feet (300') from the right-of-way of 22nd Street or Route 83 (Kingery
Expressway);
b. Eighty feet (80') from the right-of-way of any other street;

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c. Eighty feet (80') from any other district boundary, except when adjacent to a B1
District, and except that when adjacent to a residence district boundary line, then not within
one hundred fifty feet (150') of such boundary line; provided, however, that the area between
a building and the right-of-way of any street or other district boundary may be occupied by
drives, drive-in banking facilities, vehicular parking, sidewalks, landscaping and similar
facilities, except that paved areas shall not be located closer than forty feet (40') to any lot in a
residence district.
2. For the purpose of interpreting and enforcing the yard regulations of this subsection,
the entire area included within a B2 District, except that portion separated by a dedicated
public street, shall be considered as a single zoning lot; more than one building or structure
may, however, be erected thereon; and the only front, side and rear yards that need to be
observed are those provided for in subsection B1 of this section. (Ord. G-60, 3-22-1966; Ord.
G-229, 4-25-1978; Ord. G-414, 7-12-1988; Ord. G-513, 6-22-1993)
13-7B-4: ADDITIONAL REGULATIONS:
A. Signs: See chapter 11 of this title.

B. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966; Ord. G-85, 5-14-1968; Ord. G-695, 3-26-2002)

ARTICLE C. B3 GENERAL BUSINESS DISTRICT
SECTION:

13-7C-1: Permitted Uses
13-7C-2: Special Uses

13-7C-3: Lot Area Requirements
13-7C-4: Additional Regulations
13-7C-1: PERMITTED USES:

Accessory uses and structures.

Animal hospitals and veterinarian offices.

Art galleries.

Auction rooms.
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Automobile accessory stores.

Automobile sales establishments.
Automobile service stations.

Banks and other financial institutions.

Bicycle stores, sales, rental and repair.

Blueprinting and photocopying establishments.

Building material sales, not including outside storage.
Camera and photographic supply stores.
Carpet and rug stores.

Cartage and express facilities; provided storage of goods, motor trucks or other equipment is
in a completely enclosed building.
Catering establishments.

China and glassware stores.

Clinics, medical and dental, including accessory laboratories.
Clothes pressing establishments.
Clothing stores.

Clothing and costume rental shops.

Clubs, lodges and fraternal organizations.
Cocktail lounges.

Coin and philatelic stores.
Department stores.
Drug stores.

Dry cleaning and laundry retail establishments; provided, that processing, if done on the
premises, shall utilize nonexplosive, nonflammable materials, that such processing shall be
limited to service of the principal use.

Electrical, gas and other household appliance stores, including radio and television sales and
accessory repair and service thereof.
Electric distribution centers and substations.
Employment agencies.
Exhibition halls.

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Fire stations.

Food stores, including grocery stores, meat markets and delicatessens.

Furniture stores, including upholstery when conducted as part of the retail operation and
secondary to the principal use.
Furrier shops, including the incidental storage and conditioning of furs.

Garages, public, where body repair and painting are incidental accessory uses, but not
including automobile wrecking yards.
Garages, storage.

Garden supply and seed stores.
Gas regulator stations.

Greenhouses and conservatories.

Hobby shops, for retailing of items to be assembled or used away from the premises.

Interior decorating shops, including upholstery and making of draperies, slipcovers and other
similar articles when conducted as part of the retail operation and secondary to the principal
use.
Jewelry stores, including watch repair.

Job printing shops, using presses having beds of not more than fourteen inches by twenty
inches (14" x 20").
Kennels, with no outdoor dog runs.

Laboratories, medical, dental or optical.
Leather goods and luggage stores.
Libraries.

Liquor stores, retail sales of package goods only.
Loan offices.

Locksmith shops.

Mail order service stores.
Millinery shops.

Music stores, sheet music and phonograph record sales.
Musical instrument sales and repair.
Offices.

Office supply stores.

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Opticians and optometrists.

Orthopedic and medical appliance stores, not including the assembly or manufacture of such
articles.
Paint and wallpaper stores.

Parking lots, for passenger motor vehicles only.
Pet service, domestic.
Pet shops.

Photography studios, including developing and printing of photographs, when conducted on
the premises as a part of the retail business.

Physical culture and health service, gymnasiums, reducing salons, massage salons and public
baths.
Picture framing, when conducted on the premises for retail trade.

Plumbing, heating, air conditioning and electrical fixtures and equipment, showroom and
shops, for domestic use only.
Police stations.

Radio and television service and repair shops.
Recording studios.

Recreational buildings, community centers and meeting halls.

Religious institutions, churches, chapels, temples or synagogues.

Restaurants, including musical entertainment and dancing and outdoor dining areas (as
described in section 13-7-6).

Schools, commercial or trade, provided that operations do not involve danger of fire,
explosion, nor objectionable standards of noise, vibration, smoke, dust, odor, glare, heat or
other nuisances.
Sewing machine sales and services, household machines only.

Shoe and hat repair stores.
Shoe stores.

Sporting goods stores.
Tailor shops.

Taxidermists.

Telegraph offices.
Theaters, indoor.

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Tobacco shops.
Toy shops.

Travel bureaus and transportation ticket offices.

Typewriter and adding machine sales and service establishments.

Undertaking establishments and funeral parlors. (Ord. G-60, 3-22-1966; Ord. G-520, 8-241993; Ord. G-1163, 4-28-2020)
13-7C-2: SPECIAL USES:

Accessory uses and structures, including, but not limited to, off street parking and off street
loading spaces and business signs.

Amusement establishments, including bowling alleys, gymnasiums, swimming pools and
skating rinks.
Automobile minimarket.

Daycare center, provided such facility complies with all licensing requirements of the state of
Illinois and maintains a direct alarm hookup to the Oak Brook police department.

Drive-in establishments for permitted uses.

Farmers' markets and/or French markets involving the sale of flowers, culinary accessories
and edible items for consumption off the premises where the sale is made provided that the
following conditions are met:
A. Sale of used or preowned items is not permitted.

B. Farmers' market and/or French market may be conducted no more than one day
per week on any property zoned for business purposes.
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 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 Development
Services department of community development upon application and submittal of all
required information from the property owner detailing prospective compliance with
the conditions herein.

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Horse stables and riding academies, public, on a lot not less than ten (10) acres in area,
provided buildings containing stables and accessory outdoor facilities are not less than one
hundred fifty feet (150') from the nearest lot line.

Nursing homes, on lots not less than three hundred feet (300') in width and not less than two
(2) acres in area.
Open sales lots, when accessory to new automobile, trailer or boat sales establishments.
Public utility, governmental service and transportation uses.
Bus turnarounds and passenger shelters.

Outdoor ATM (automated teller machine) walk-up or drive-thru
Sewage and stormwater lift stations.
Showrooms

Telephone exchanges and transmission buildings and equipment, and outdoor telephone
booths and pedestals.
Water filtration plants, wells, pumping stations and reservoirs.

Recreation, outdoor, par 3 and miniature golf courses, golf driving ranges, swimming and
tennis clubs, and other outdoor recreation uses as approved by the village board of trustees.
Senior housing.

Trailer or boat sales establishments, for new trailer or boat sales. (Ord. G-60, 3-22-1966; Ord.
G-305, 9-8-1981; Ord. G-449, 8-14-1990; Ord. G-454, 10-9-1990; Ord. G-819, 12-12-2006; Ord.
G-903, 11-10-2009; Ord. G-915, 1-12-2010; Ord. G-1163, 4-28-2020)
13-7C-3: LOT AREA REQUIREMENTS:

A. Floor Area Ratio: Not to exceed 1.2.

B. Structure Height: Not more than thirty-five feet (35') and not more than three (3) stories.

C. Yards: As in B1 local shopping center district, except: 1) for automobile service stations
where islands containing fuel pumps and air and water outlets, with or without connecting
shelters, shall have a front yard, or a side yard adjoining a street not less than twenty five feet
(25') in depth; and 2) front and side yards abutting 22nd Street and York Road shall have a
depth not less than one hundred feet (100'). (Ord. G-60, 3-22-1966)
13-7C-4: ADDITIONAL REGULATIONS:

A. Awnings, Marquees And Signs: See chapter 11 of this title.
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B. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966; Ord. G-695, 3-26-2002)

ARTICLE D. B4 HOTEL-OFFICE DISTRICT
SECTION:

13-7D-1: Permitted Uses
13-7D-2: Special Uses

13-7D-3: Lot Area Requirements

13-7D-4: Additional Regulations
13-7D-1: PERMITTED USES:

Accessory uses and structures including:

Restaurants and accessory cocktail lounges, and outdoor dining areas (as described in section
13-7-6) which is used principally for a permitted use, and when located on floors below those
used for the principal use or on the top floor or roof of such a structure.

Retail sales and personal service uses, having no exterior advertising and accessible only from
the lobby and interior of a building and used for a permitted principal use and when no single
establishment occupies more than two thousand (2,000) square feet of floor area.
Electric distribution centers and substations.
Gas regulator stations.

Hotels and motels (minimum of 50 rooms).
Offices, institutional and fraternal.

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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. (Ord. G-60, 3-22-1966; Ord. G1163, 4-28-2020)
13-7D-2: SPECIAL USES:

Accessory uses and structures.

Bus turnarounds and passenger shelters.

Daycare center, provided such facility complies with all licensing requirements of the state
and maintains a direct alarm hookup to the Oak Brook police department.

Farmers' markets and/or French markets involving the sale of flowers, culinary accessories
and edible items for consumption off the premises where the sale is made provided that the
following conditions are met:
A. Sale of used or preowned items is not permitted.

B. Farmers' market and/or French market may be conducted no more than one day per
week on any property zoned for business purposes.
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 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 Development Services
department of community development upon application and submittal of all required
information from the property owner detailing prospective compliance with the conditions
herein.

Offices, business and professional, occupying less than fifty percent (50%) of the total floor
area of a structure over five (5) stories in height, and when located on floors below those used
for dwelling purposes.
Outdoor ATM (automated teller machine) walk-up or drive-thru
Sewage and stormwater lift stations.
Showrooms

Water filtration plants, wells, pumping stations and reservoirs. (Ord. G-60, 3-22-1966; Ord. G454, 10-9-1990; Ord. G-915, 1-12-2010)

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13-7D-3: LOT AREA REQUIREMENTS:

A. Floor Area Ratio: Not to exceed 0.6.

B. Yards:

1. Front: Not less than one hundred feet (100').
2. Side Yards And Courts:

a. Two (2) side yards each not less than ten feet (10'), plus one foot (1') for each one foot
(1') in height that a structure exceeds twenty seven feet (27'), in height except a side yard
adjoining a street shall be not less than fifty feet (50').
b. Where a building wall more than thirty feet (30') in length faces an interior side lot
line, the interior yard as required in this article shall be increased in depth by one foot (1') for
each one foot (1') such wall exceeds thirty feet (30') in length, or not more than twenty seven
feet (27'), whichever is less.

c. Where the walls of one or more structures face upon a court, the depth and length of
the court shall be as approved by the board of trustees after receiving recommendations of the
plan commission.
3. Rear: Not less than forty feet (40') in depth.

4. Yards Adjoining Residence District: Any yard adjoining a residence district and a
structure within the B4 hotel-office district shall be not less than one hundred feet (100') in
depth.
5. Yards Adjoining 22nd Street And York Road: Not less than one hundred feet (100') in
depth.
C. Height: Not more than five (5) stories.

D. Lot Width: Not less than two hundred feet (200'). (Ord. G-60, 3-22-1966)

13-7D-4: ADDITIONAL REGULATIONS:

A. Awnings, Marquees And Signs: See chapter 11 of this title.

B. Off Street Parking And Loading: Off street parking and loading shall be as provided in

chapter 12 of this title. (Ord. G-60, 3-22-1966; Ord. G-695, 3-26-2002)

CHAPTER 8
HISTORIC GRAUE MILL GATEWAY AREA
SECTION:
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13-8-1: Findings
13-8-2: Graue Mill Gateway Area Established
13-8-3: Intent And Purpose
13-8-4: Definitions
13-8-5: Applicability
13-8-6: Certificate Of Appropriateness
13-8-7: Gateway Development Plan
13-8-8: Additional Requirements Of Gateway Development Plan
13-8-9: Action By Governmental Bodies
13-8-10: Implementation Of Gateway Development Plan
13-8-11: Exceptions To Plan Procedures
13-8-12: Procedure For Single-Family Detached Residences

13-8-1: FINDINGS:
A. The area around the Graue Mill is a unique area with special cultural significance and
character different from similarity zoned properties in the Village and includes historic
structures: the Graue Mill, the old St. John Church and the Fred Graue residence, which
structures are hereby designated to be historically significant.
B. The preservation and development of this area require additional rules and regulations
supplementing existing ordinances in order to specifically address the unique character of
that area.
C. The Historic Graue Mill Gateway Area includes all that property within the boundaries as
shown on the map and legal description labelled Exhibit "A", attached to Ordinance G-272 on
file in the office of the Village Clerk. Such map and legal description are hereby incorporated
herein and made a part hereof by reference.
D. A public hearing has been held pursuant to notice to property owners in the area of the
Historic Graue Mill Gateway Area on February 2, 1980, before the Zoning Board of Appeals of
the Village, pursuant to due and appropriate notice published in the Oak Brook Doings on
January 17, 1980.
E. The creation of the Historic Graue Mill Gateway Area and rules and regulations regarding
the development therein is consistent with the comprehensive plan of the Village of Oak
Brook.

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F. The Village of Hinsdale has passed on October 7, 1980, a similar ordinance so that the
character of this area can be preserved in both Villages. This joint effort of the two (2) Villages
is consistent with and in accordance with the provisions of section 10 of article VII of the
Illinois Constitution relating to intergovernmental cooperation. (Ord. G-272, 11-11-1980)

13-8-2: GRAUE MILL GATEWAY AREA ESTABLISHED:
The Historic Graue Mill Gateway Area is hereby established with the boundaries as set forth in
Exhibit "A", attached to Ordinance G-272, made a part of this Chapter by reference, and on
file in the office of the Village Clerk. The provisions of this Chapter shall apply to the erection,
construction, alteration or repair of any building or structure in the said area and no building
permits shall be issued for any such work except as provided herein. (Ord. G-272, 11-111980)

13-8-3: INTENT AND PURPOSE:
The provisions of this Chapter are intended to order and control growth within the area
described as the Historic Graue Mill Gateway Area, hereinafter sometimes referred to as
"area", and for the additional purposes:
A. To promote the public health, safety, morals, comfort and general welfare of the citizens
of said area.
B. To enhance the values of property throughout the said area.
C. To encourage and foster development in the area consistent with the Graue Mill, its site
and the historic period it represents.
D. To encourage and promote the attractiveness, cohesiveness and compatibility of new
buildings, development, remodeling, and additions so as to maintain and improve
established standards of property values within the area consistent with its historical
character.
E. To encourage and promote the preservation of historical structures, buildings and
natural resources including the Graue Mill, the old St. John Church and the Fred Graue
residence. (Ord. G-272, 11-11-1980)

13-8-4: DEFINITIONS:
For purposes of this Chapter the following words and terms shall have the respective
meanings:
ARCHITECTURAL CHARACTER: The composite or aggregate of the characteristics of
structure, form, materials, and function of a building, group of buildings, or other
architectural composition.
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ARCHITECTURAL CONCEPT: The basic aesthetic idea of a building, or group of buildings or
structures, including the site and landscape development, which produces the architectural
character.
AREA: The Historic Graue Mill Gateway Area.
CERTIFICATE OF APPROPRIATENESS: A statement issued by the President and Board of
Trustees of the Village that a gateway development plan meets the intent and purpose of the
Historic Graue Mill Gateway Area which permits the applicant to build in accordance with the
statement.
EXTERIOR BUILDING COMPONENT: An essential and visible part of the exterior of a building.
GATEWAY DEVELOPMENT PLAN: Those documents, drawings, and plans, including the site
plan and landscape plan, as referred to in Sections 13-8-7 and 13-8-8 of this Chapter.
SCREENING: Structure or plantings which conceals from view from public ways the areas
behind such structure or plantings.
STREET HARDWARE: Objects other than buildings, structures and plantings located in streets
and public ways and outside of buildings. Examples are: lamp posts, utility poles, traffic
lights, traffic signs, benches, litter containers, planting containers, letter boxes, fire hydrants.
STREETSCAPE: The scene as may be observed along a public street or way composed of
natural and manmade components including buildings, paving, plantings, street hardware,
and miscellaneous structures.
VILLAGE: The Village of Oak Brook, Illinois. (Ord. G-272, 11-11-1980)

13-8-5: APPLICABILITY:
The provisions of this Chapter shall be in addition to and not in derogation of any provisions of
the zoning ordinance of the Village; provided, however, that where any provision of the said
zoning ordinance may conflict with a provision of this Chapter, the more restrictive provisions
shall apply. (Ord. G-272, 11-11-1980)

13-8-6: CERTIFICATE OF APPROPRIATENESS:
A. Required: No building permit or other permit otherwise required under the ordinances of
the Village for the erection, construction, exterior alteration or repair of any building or
structure in the Historic Graue Mill Gateway Area shall be issued by the Director of
Community Development Services except upon the issuance of a certificate of
appropriateness by the President and Board of Trustees. Such certificate of appropriateness
may only be issued after a public hearing has been held before the Plan Commission of the
Village in accordance with the public hearing procedures set forth herein and after the

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President and Board of Trustees of the Village approve the gateway development plan for the
property involved.
B. Application And Hearing: Upon the filing of an application for a building permit for which
a certificate of appropriateness is or may be required, the applicant shall concurrently file
with the Village Clerk an application for a certificate of appropriateness, which application
shall include all the information and material required pursuant to Sections 13-8-7 and 13-8-8
of this Chapter. Such application shall be referred to the plan commission by the president
and board of trustees upon verification of the completeness of said application. The fact that
an application for a certificate of appropriateness has been filed shall not be cause for the
dDirector of community dDevelopment Services to delay the review of plans relating to the
building and zoning aspects of the project while said application is pending. The plan
commission shall thereupon fix a reasonable time, within forty five (45) days, for a hearing and
give a written five (5) day notice thereof to the applicant. Upon such hearing the commission
shall consider the application for a certificate of appropriateness and, if necessary, receive
additional evidence (such as exterior elevation renderings) from the applicant or his agent or
attorney and from the village personnel or other persons as to whether the external
architectural features of the proposed building or structure comply with the provisions of this
chapter. All testimony given at such hearing shall be under oath. (Ord. G-272, § 1, 11-11-1980)

13-8-7: GATEWAY DEVELOPMENT PLAN:
The gateway development plan must be appropriate to the development of the area
consistent with its historic character and shall provide detailed information in regards to the
following:
A. Relationship Of Proposed Buildings Or Structures To Site And Adjoining Area: The site
shall be planned to accomplish a desirable transition with the streetscape, and to provide for
adequate planting, pedestrian movement, and parking areas, and shall be evaluated pursuant
to the following criteria:
1. The provision, where practical, of setbacks in excess of zoning restrictions to provide an
interesting relationship between buildings;
2. The treatment of parking areas with decorative elements, building wall extensions,
plantings, berms or other innovative means so as to screen parking from view;
3. The underground installation of newly installed utility services, and service revisions
necessitated by exterior alterations.
B. Building Design: Evaluation of the appearance of a project shall be based on the
following criteria:
1. The quality of the design and its relationship to the Graue Mill, its site, and the historic
period it represents;

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2. The compatibility of the design, arrangement, texture, and materials of the proposed
buildings or structures with the intent and purpose of the area;
3. The screening and location of mechanical equipment or other utility hardware on roof,
ground, or buildings from public view with materials harmonious to the building, so as not to
be visible from any public ways;
4. The unobtrusiveness and harmoniousness of exterior lighting and the compatibility of
fixtures, standards, and all exposed accessories with the building design.
C. Street Hardware And Signs: See chapter 11 of this title.
D. Landscaping Design Considerations: Landscape treatment shall be provided to enhance
architectural features and provide shade and screening, and shall be evaluated pursuant to
the following criteria:
1. The compatibility of the design and size of all landscaping effects with the building or
structure and adjacent areas;
2. The preservation, protection and development of existing topographic patterns and
plant materials which contribute to the beauty and utility of a development;
3. Where building sites limit plantings, the placement of trees in the parkway or paved
areas. Parkway trees shall be of a minimum three inch (3") caliper. Buildings of three (3)
stories or more shall have parkway and front and/or side yard trees of a minimum of five inch
(5") caliper;
4. The method of screening of service yards, and other places which tend to be unsightly,
by fencing, plantings, or a combination of these. Screening shall be equally effective in all
seasons and may be accomplished by use of any combination of walls, fencing or plantings;
5. The enhancement of parking areas and traffic ways with landscaped spaces containing
trees and tree groupings and low shrubs or ground cover;
6. The use of unobstrusive exterior lighting to enhance the landscaping;
7. The use of landscaping materials and lighting which have low demand for annual
maintenance.
E. Landscape Plan: A detailed landscape plan shall show:
1. Location of existing plant materials to remain and those to be removed;
2. Designation of parkway "street trees". Existing parkway trees shall be preserved and
protected during construction;
3. Scientific (genus-species) and common names of proposed landscape material and
proposed quantities and sizes of same;
4. Landscape materials other than plant materials shall be designated in detail.

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The landscape plan shall be prepared by a landscape architect or qualified nurseryman in
accordance with the criteria set forth in subsection D of this section. The plan shall be signed
and dated by the designer.
F. Site Plan: A detailed site plan shall show:
1. Exact location of the building(s) or structure(s) on the site;
2. Exact location of drives, walks, parking areas, parking layout, freestanding or retaining
walls, fences, and drainage accommodations;
3. Elevations showing all sides of the proposed structure. Elevations should indicate the
type of materials to be used on the structure as well as their proportions;
4. Existing grades or topographic details to be retained and proposed grading;
5. Location of utilities. (Ord. G-272, 11-11-1980; Ord. G-695, 3-26-2002)

13-8-8: ADDITIONAL REQUIREMENTS OF GATEWAY DEVELOPMENT PLAN:
In addition to the information required pursuant to subsection 13-8-7F of this chapter, the
following requirements must be met prior to the issuance of a certificate of appropriateness:
A. Visual Environment: In order to ensure an adequate and pleasant natural environment, a
sum of money equal to not less than five percent (5%) of the total project construction cost,
as set forth on the approved building permits, shall be budgeted and used by the owners and
developers to purchase and install mature sized trees, shrubbery, grass and other suitable
landscaping upon the grounds, which budgeted amount shall be expended to comply with the
provisions of subsections 13-8-7D and E of this chapter. The president and board of trustees
may vary from or waive the requirement for such expenditure where such expenditure would
cause a hardship on the applicant. Hardship, for purposes of this chapter shall include, but
not be limited to, the following situations:
1. Irregular shaped lots where landscaping is not practical;
2. Lots with minimal frontage;
3. Development does not cause any visual impact; e.g., development to the rear of a lot or
building; and
4. Those instances where there is an abundance of existing natural vegetation precluding
the necessity for further landscaping treatment.
B. Public Utilities: All utility lines, including, but not limited to, telephone and electric, in the
right of way adjacent to and in the development property shall be placed underground.
Underground utility lines shall be placed within easements or dedicated public ways in a
manner which will not conflict with other underground services. All transformer boxes and
service posts shall be located so as not to be unsightly or hazardous. (Ord. G-272, 11-111980)
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13-8-9: ACTION BY GOVERNMENTAL BODIES:
A. Plan Commission: Prior to making its decision the commission may make
recommendations to the applicant as to changes in the exterior drawings, sketches,
landscaping, site plans and materials which in the judgment of the commission would tend to
effect the general purposes of this chapter. The commission shall make its decision within
fifteen (15) days after the hearing is closed and shall issue to the president and board of
trustees its findings and recommendation concerning the proposed gateway development
plan. If the plan commission recommends denial of a gateway development plan it shall
specifically point out such deficiency in its findings.
B. Corporate Authorities: The village president and board of trustees may approve or
disapprove the proposed gateway development plan or refer the matter back to the plan
commission for further consideration. Upon approval of any proposed gateway development
plan the president and board of trustees shall issue a certificate of appropriateness as to the
approved gateway development plan. (Ord. G-272, 11-11-1980)

13-8-10: IMPLEMENTATION OF GATEWAY DEVELOPMENT PLAN:
Upon granting of a certificate of appropriateness, the gateway development plan, including
the exterior drawings, sketches, landscape and site plans, renderings and materials upon
which said certificate was granted, shall be referred to the director of community
development, whose responsibility it shall be to determine, from time to time as the project is
in progress and upon its completion, that there have been no unauthorized deviations from
the gateway development plan upon which the granting of the certificate of appropriateness
was based. (Ord. G-272, 11-11-1980)

13-8-11: EXCEPTIONS TO PLAN PROCEDURES:
The requirements of this chapter for submission and approval of a gateway development plan
and the issuance of a certificate of appropriateness shall not be applicable to:
A. Renovation, restoration and preservation of structures designated by the president and
board of trustees as historically or culturally significant;
B. Ordinary repairs or interior renovations;
C. Renovations or additions to existing single-family detached residential buildings or
structures accessory thereto. (Ord. G-272, 11-11-1980)

13-8-12: PROCEDURE FOR SINGLE-FAMILY DETACHED RESIDENCES:

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Where a certificate of appropriateness is required, pursuant to subsection 13-8-6A of this
chapter, for the construction of any single-family detached residence, the requirements of
subsections 13-8-7D, E and 13-8-8A of this chapter shall not be applicable. (Ord. G-272, 1111-1980)
CHAPTER 10
OFFICE-RESEARCH-ASSEMBLY DISTRICTS
SECTION:
13-10-1: Prohibited Uses
13-10-2: Uses Enclosed
13-10-3: Performance Standards
13-10-4: Outdoor Dining Areas

13-10-1: PROHIBITED USES:
A. Industrial: No lot shall be used, and no structure shall be erected, altered or remodeled
for any of the following uses: abattoirs; arsenals; crematories; creosote treatment or
manufacture; fat rendering; fertilizer manufacture; fireworks manufacture or storage;
dumping or reduction of garbage, dead animals, offal, or refuse; ore reduction; petroleum
processing or refining; pyroxylin manufacture; gutta percha manufacture or treatment;
saltworks; sauerkraut manufacture; smelters; stockyard or slaughter of or experimentation
with animals or fowl; tallow, grease, or lard manufacture or treatment; tanning, curing, or
storage of rawhides or skins; tar distillation or manufacture; cement, concrete, or asphaltic
concrete, mortar or plaster batch mixing plants; or junkyard or other uses having operations
that are deemed by the board of trustees to be incompatible with the intended environmental
character of the ORA office-research-assembly district, except clinical testing of animals of
the rodent family or domesticated fowl is permitted if conducted within a separate room or
rooms not to exceed two thousand (2,000) square feet of gross floor area which is part of a
building used for research.
B. Explosives: No activities involving the storage, utilization, or manufacture of materials or
products which decompose by detonation shall be permitted, except such as are specifically
licensed by the village. Such materials shall include, but shall not be confined to, all primary
explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives
such as TNT, RDX, HMX, PETN and pectic acid, propellants and components thereof such as
nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and
fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting
explosives such as dynamite and nitroglycerin; unstable organic compounds such as
acetylides, tetrazoles, perchloric acids; perchlorates, chlorates, hydrogen peroxide in
concentrations greater than thirty five percent (35%); and nuclear fuels, fissionable materials
and products, and reactor elements such as uranium 235 and plutonium 239. (Ord. G-60, 322-1966; Ord. G-119, 5-12-1970)
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13-10-2: USES ENCLOSED:
All business, service, research, merchandise display and manufacturing activities and
operations shall be conducted wholly within completely enclosed buildings except off street
parking, off street loading, outdoor dining areas adjacent to restaurants and open sales lots
and drive-in facilities in districts where they are permitted. (Ord. G-60, 3-22-1966; Ord. G-758,
8-24-2004)

13-10-3: PERFORMANCE STANDARDS:
Any use established in the ORA1, ORA2 or ORA3 office-research- assembly districts shall be
operated so as to comply with the performance standard regulations prescribed in this
section, and no use lawfully established on the effective date hereof shall be hereafter altered
or modified so as to conflict with, or further conflict with, such performance standards.
A. Noise: See section 13-3-10 of this title for performance standards pertaining to sound
levels.
B. Vibration: Any operation or activity which shall cause at any time and at any point beyond
the boundaries of the lot, earthborne vibrations other than background vibrations produced
by some source not under control of this chapter, such as the operation of motor vehicles or
other transportation facilities in excess of the limits set forth in the following column I is
prohibited. In addition, any operation or activity which shall cause at any time and at any point
in a residence district earthborne vibrations in excess of the limits set forth in the following
column II is prohibited. Vibration shall be expressed as displacement in inches and shall be
measured with a three (3) component measuring system approved by the dDirector of
community dDevelopment Services.

Frequency In Cycles Per Second I
II
Displacement In Inches Displacement In Inches
0 to 10

0.0008

0.0004

10 to 20

0.0005

0.0002

20 to 30

0.0002

0.0001

30 to 40

0.0002

0.0001

40 and over

0.0001

0.0001

Impact vibrations which are discrete pulses that do not exceed one hundred (100) impulses
per minute shall be permitted twice the displacements shown above in columns I and II.
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C. Smoke And Particulate Matter:
1. The emission of smoke or particulate matter in such manner or quantity as to be
detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to
be a public nuisance and shall henceforth be unlawful.
2. For the purpose of grading the density or equivalent capacity of smoke, the Ringelmann
chart described in the bureau of mines information circular 6888 shall be employed. The
emission of smoke or particulate matter of a density or equivalent greater than no. 1 on the
Ringelmann chart is prohibited at all times except as otherwise provided hereinafter.
3. The emission of smoke or particulate matter of a density greater than Ringelmann no. 3
is permitted once in any twenty four (24) hour day for no more than three (3) minutes.
4. Wind generated dust from such sources as storage areas, yards, roads, and so forth,
within lot boundaries shall be minimized by appropriate landscaping or all weather paving.
5. The emission of particulate matter from any chimney, stack, or vent shall not exceed
one-fourth (1/4) pound per hour per acre of lot area.
D. Toxic Matter: No use shall discharge beyond the boundaries of the lot toxic matter in
such concentrations as to be detrimental to, or endanger the public health, safety, comfort or
welfare, or cause injury or damage to property or business.
E. Odors: The emission of odorous matter in excess of the odor threshold measured beyond
the boundaries of the lot at ground level or at habitable elevation is prohibited.
F. Fire And Explosion Hazard:
1. The storage, utilization, or manufacture of solid materials ranging from incombustible
to moderate burning is permitted.
2. The storage or utilization of solid materials ranging from free or active burning to intense
burning is permitted provided the following conditions are met:
a. The materials shall be stored or utilized within completely enclosed buildings or
structures having incombustible exterior walls and handled in accordance with the standards
and regulations of the village and the National Fire Protection Association.
b. All such buildings shall be set back at least forty feet (40') from all lot lines or, in lieu
thereof, shall be protected throughout by an automatic fire extinguishing system installed in
accordance with the standards and regulations of the village and the National Fire Protection
Association.
c. Said materials, if stored outdoors, shall be no closer than one hundred fifty feet (150')
to the nearest lot line in conformance with the standards and regulations of the village and
the National Fire Protection Association.
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3. The storage or utilization of flammable liquids or materials which produce flammable or
explosive vapors shall be permitted in accordance with the following limitations, exclusive of
storage in underground tanks, and storage of finished products in original sealed containers:
a. Said materials or products shall be stored or utilized within completely enclosed
buildings having incombustible exterior walls, and handled in accordance with the standards
and regulations of the village and the National Fire Protection Association and, in addition, all
such buildings shall be set back at least forty feet (40') from all lot lines and shall be protected
throughout by an automatic fire extinguishing system installed in accordance with the
standards and regulations of the village and the National Fire Protection Association.
b. The aboveground storage of flammable liquids in excess of the following quantities
shall not be permitted:

Closed Cup Flash Point

Quantity
(Gallons)

Less than 24°F

1,000

24°F to less than 105°F

2,000

105°F to less than 187°F 5,000
187°F and higher

10,000

c. The total of all flammable liquids permitted on any lot shall not exceed ten thousand
(10,000) gallons.
G. Glare And Heat: Any operation producing glare or heat shall be performed within a
completely enclosed building in such manner as not to create a public nuisance or hazard
beyond the boundaries of the lot.
H. Radiation Hazards:
1. The release of radioactive gases and particulate matter shall not exceed the maximum
allowable concentration permitted the general population of applicable federal, state and
local laws and regulations when measured at or beyond the lot line at ground level or
habitable elevation.
2. No activity involving radiation hazards shall be permitted which causes exposure to
persons at or beyond the lot lines in excess of the maximum allowable permitted the general
population in applicable federal, state and local laws and regulations. (Ord. G-60, 3-22-1966;
Ord. G-233, 5-31-1978; Ord. G-863, 7-22-2008)

13-10-4: OUTDOOR DINING AREAS:
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A. For the purposes of this section, "outdoor dining areas" are defined as the use of an
adjacent, outside area by a restaurant for the same eating and drinking activities that occur
within the restaurant.
B. The following regulations shall apply to outdoor dining areas:
1. The location of any outdoor dining area comply with all setback requirements in the
applicable zoning district and shall not obstruct pedestrian or vehicular traffic. A minimum of
five feet (5') of sidewalk clearance shall be maintained at all times for pedestrian travel;
2. Any outdoor dining area be under the direct supervision and control of the principal
restaurant, and such dining area be enclosed by a fence or other protective safety barrier
which shall be constructed to clearly delineate the boundaries of the area and to protect the
health and safety of restaurant patrons and the general public;
3. The hours of operation of any outdoor dining area be within the normal operating hours
of the principal restaurant;
4. There shall be no live entertainment in the outdoor dining area;
5. Plans shall be provided delineating the location of the outdoor dining area, and such
location be approved by the Building Official as part of a building permit. The outdoor dining
area shall be maintained in compliance with the approved plans;
6. The principal restaurant and outdoor dining area shall be in compliance with all the
requirements of this code and all other applicable rules and regulations of any other
governing agency including the DuPage County Health Department regarding restaurant and
outdoor dining areas. (Ord. g-1163, 4-24-2020)

ARTICLE A. ORA1 OFFICE-RESEARCH-ASSEMBLY DISTRICT
SECTION:
13-10A-1: Permitted Uses
13-10A-2: Special Uses
13-10A-3: Lot Area Requirements
13-10A-4: Additional Regulations

13-10A-1: PERMITTED USES:
Accessory uses and structures, including 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 lot on which the accessory use is located.
Accessory uses and structures shall also include dwellings occupied by watchmen, janitors,
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maintenance and similar employees engaged upon the premises; but no dwellings shall be
erected for any other purposes.
Any establishment, the principal use of which is manufacturing, fabricating, processing,
assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products,
provided that operations conform with performance standards and other requirements of this
title.
Churches, on lots not less than four (4) acres in area.
Data Centers
Electric distribution centers and substations.
Gas regulator stations.
Offices and financial institutions. (Ord. G-60, 3-22-1966)

13-10A-2: SPECIAL USES:
Clinics, medical and dental, including accessory laboratories.
Daycare centers, provided such facility complies with all licensing requirements of the state
and maintains a direct alarm hookup to the police department or other emergency dispatch
center.
Drive-in banking facilities.
Health clubs, private, membership only, in multibuilding office complexes under single
ownership or control on sites not less than ten (10) acres, when such facility is designed
primarily for use by tenants of the office complex. Such structure shall not front on any
perimeter road, and access thereto shall be provided only from interior roadways.
Heliports (not for freight) shall meet all of the standards as contained in subsection 13-10A4C of this article.
Hotels.
Outdoor ATM (automated teller machine) walk-up or drive-thru
Parks and open field recreational activities.
Personal service and retail sales uses intended primarily for the use of tenants and having no
exterior advertising and accessible only from the lobby or interior of the building, limited to:
Barbershops and beauty parlors.
Drugstores.
Newsstands; newspapers, magazines and other periodicals.
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Tobacco shops.
Public utility, governmental service and transportation uses:
Bus turnarounds and passenger shelters.
Emergency warning system structures.
Fire and police stations.
Post office operated by the United States government.
Sewage and stormwater lift stations.
Telephone exchanges, transmission buildings and equipment, and outdoor telephone
booths and pedestals.
Water filtration plants, wells, pumping stations and reservoirs.
Radio and television stations and production studios.
Restaurants with accessory cocktail lounges and outdoor dining areas, without facilities for
dancing and live entertainment, in multibuilding office complexes under single ownership or
control on sites not less than ten (10) acres, when such facility is designed primarily for use by
tenants of the office complex. Such structure shall not front on any perimeter road, and
access thereto shall be provided only from the interior roadways.
Schools, nonresidential, post baccalaureate school; provided, that not more than twenty
percent (20%) of the course offerings may be prerequisite to admission to the post
baccalaureate programs. (Ord. G-60, 3-22-1966; Ord. G-131, 5-25-1971; Ord. G-210, 2-81977; Ord. G-275, 1-20-1981; Ord. G-305, 9-8-1981; Ord. G-424, 1-24-1989; Ord. G-448, 7-101990; Ord. G-471, 8-13-1991; Ord. G-483, 3-10-1992; Ord. G-487, 5-12-1992; Ord. G-536, 712-1994; Ord. G-553, 3-14-1995; Ord. G-669, 1-23-2001; Ord. G-724, 7-22-2003; Ord. G-785,
6-28-2005; Ord. G-1163, 4-28-2020)

13-10A-3: LOT AREA REQUIREMENTS:
A. Floor Area Ratio: Not to exceed 0.48.
B. Structure Height: Not more than five (5) stories or seventy-six feet (76'), whichever is less.
C. Yards:
1. Front: Not less than one hundred feet (100') in depth, except when adjacent to a
residence district boundary line not less than one hundred fifty feet (150') in depth;
2. Side: Not less than thirty feet (30') in depth, except: a) that portion of a side yard when
abutting a residence district shall not be less than one hundred fifty feet (150') in depth; b) a
side yard abutting a street shall conform in depth to the front yard depth of a contiguous lot
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abutting on such street; and c) side yards abutting 22nd Street and York Road shall have a
depth of not less than one hundred feet (100');
3. Rear: Not less than forty feet (40') in depth, except that portion of a rear yard abutting a
residence district shall be not less than one hundred fifty feet (150') in depth, and except that
a rear yard abutting an alley or service drive may be reduced by twenty feet (20') in depth;
4. Conservation/Recreation Districts: Notwithstanding anything contained in this title to
the contrary, including, without limitation, section 13-3-13 of this title, any yard which is one
hundred feet (100') in depth and which is adjacent in its entirety to a conservation/recreation
district boundary shall satisfy the applicable yard requirement;
provided, however, that when a developed zoning lot which contains two (2) or more principal
buildings is subdivided the yards required along the new lot lines created by the subdivision
shall be not less than thirty feet (30') in depth and the depth of all required yards for each lot
shall be shown on the subdivision plat; provided, that existing parking stalls and aisles and
access and service drives shall be permitted to continue within said yards and within the
yards along the boundaries of the original zoning lot required by subsections C1, C2 and C3 of
this section, as modified by subsection 13-12-3H of this title; and provided further that upon
redevelopment of any part of a lot, other than for resurfacing or for utility replacement, which
development requires removal of existing parking stalls or aisles located in whole or in part
within areas where such accessory uses are not permitted by said subsections as so
modified, no new stalls or aisles shall be constructed in such areas except as permitted by
said subsections as so modified, and any landscaping therein required by this title shall be
promptly installed and properly maintained. (Ord. G-60, 3-22-1966; Ord. G-135, 5-22-1971;
Ord. G-213, 3-22-1977; Ord. G-554, 5-9-1995; Ord. G-557, 7-25-1995; Ord. G-676, 4-10-2001)

13-10A-4: ADDITIONAL REGULATIONS:
A. Awnings, Marquees And Signs: See chapter 11 of this title.
B. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title.
C. Heliports 1 :
1. If the federal aviation administration has conducted an aeronautical study to determine
the effect of the proposed heliport on the safe and efficient use of the navigable air space by
aircraft and find no objection to the proposed heliport.
2. The layout and design of the heliport, including approach and departure paths, shall
conform to the most current rules and regulations of the division of aeronautics, state of
Illinois, department of transportation. Any approval for a heliport granted by the village shall
be subject to evidence that said division of aeronautics has issued an order authorizing the
applicant to proceed with construction of the heliport in accordance with plans approved by
it; provided, however, that any waiver of such rules and regulations granted by said division
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shall be subject to approval by the village. No permit for the construction of a heliport will be
given until such an order has been issued by said division.
3. Hours of operation shall be from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.
Monday through Saturday. The heliport may also be used on Sunday, provided the village is
advised seventy-two (72) hours in advance, and said use does not exceed one such use per
month.
4. Approach and departure patterns from said heliport shall be limited to avoid operation
over residential areas.
5. Refueling, routine maintenance and storage of helicopter, except for emergency
purposes only, shall not be permitted at the heliport.
6. There will be no receiving or shipping of freight from said heliport, and there will be no
on site storage of fuel.
7. Use of the heliport shall at all times comply with any specific requirements of the
federal aviation administration or Illinois department of transportation in the certificate of
approval or operation issued to the user of the heliport by such agencies.
8. Special use shall only be applicable to the applicant therefor and only so long as the
applicant is occupying the subject property, provided, however, that pursuant to a special use
permit application identifying a specific user occupying property adjacent to the subject
property, the special use also may be made applicable to such user for so long as such user
occupies adjacent property.
9. The applicant shall maintain at all times appropriate and sufficient insurance coverage
relative to the installation and use of the heliport insuring against any property damage or
personal injury arising therefrom with policy limits of not less than twenty million dollars
($20,000,000.00).
10. All such special uses shall be reviewed by the village every five (5) years for
conformance with the conditions set forth herein, character of safety and extent of operations
and any further relevant factors.
11. Helicopters utilizing a heliport shall fly at the maximum safe level prior to entering the
approach pattern to the heliport.
12. Use of the heliport shall be made available to the village or its designees for
emergencies.
13. A log of usage shall be submitted to the village on an annual basis, or as otherwise
required by the village. (Ord. G-60, 3-22-1966; Ord. G-82, 4-9-1968; Ord. G-178, 12-9-1975;
Ord. G-305, 9-8-1981; Ord. G-471, 8-13-1991; Ord. G-553, 3-14-1995; Ord. G-695, 3-26-2002)

Notes

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1

1. See section 13-10A-2 of this article, heliports as a special use.

ARTICLE B. ORA2 OFFICE-RESEARCH-ASSEMBLY DISTRICT
SECTION:
13-10B-1: Permitted Uses
13-10B-2: Special Uses
13-10B-3: Lot Area Requirements
13-10B-4: Additional Regulations

13-10B-1: PERMITTED USES:
Accessory uses and structures, including storage and service areas within the structures,
garages for delivery trucks, off street parking, 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. Accessory structures and
uses shall also include dwellings occupied by watchmen, janitors, maintenance and similar
employees engaged upon the premises; but no dwelling shall be erected for any other
purpose.
Permitted uses as allowed in the B2 regional shopping center district.
Permitted uses as allowed in the ORA1 office-research-assembly district. (Ord. G-60, 3-221966; Ord. G-758, 8-24-2004)

13-10B-2: SPECIAL USES:
Daycare centers, provided such facility complies with all licensing requirements of the state
and maintains a direct alarm hookup to the police department or other emergency dispatch
center.
Drive-in establishments for retail banks and freestanding restaurants.
Heliports (not for freight) shall meet all of the standards as contained in subsection 13-10A4C of this chapter.
Nonresidential, postbaccalaureate schools.
Outdoor ATM (automated teller machine) walk-up or drive-thru

Public utility, governmental service and transportation uses:
Bus turnarounds and passenger shelters.
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Fire and police stations.
Sewage and stormwater lift stations.
Telephone exchanges, transmission buildings and equipment, and outdoor telephone
booths and pedestals.
Water filtration plants, wells, pumping stations and reservoirs. (Ord. G-980, 9-25-2012; Ord.
G-1163, 4-28-2020)

13-10B-3: LOT AREA REQUIREMENTS:
A. Floor Area Ratio: Not to exceed 1.2 for office uses, financial uses and accessory uses
thereto; 0.8 for other uses permitted in the ORA1 district; and 0.3 for uses as permitted in the
B2 regional shopping district.
B. Structure Height: Not more than twelve (12) stories or one hundred seventy four feet
(174'), whichever is less.
C. Yards:
1. Front: Not less than one hundred feet (100') in depth, except when adjacent to a
residence district boundary line not less than one hundred fifty feet (150') in depth, provided
that required front yards may be occupied by drives, sidewalks, landscaping and similar
facilities.
2. Side: Not less than thirty feet (30') in depth, except: a) that portion of a side yard
abutting a residence district shall be not less than one hundred fifty feet (150') in depth; b) a
side yard abutting a street shall be not less than fifty feet (50') in depth; c) each interior side
yard shall be increased by not less than one foot (1') for each one foot (1') of structure height
over thirty two feet (32'); and d) side yards abutting 22nd Street and York Road shall have a
depth of not less than one hundred feet (100'), provided that required side yards may be
occupied by drives, vehicular parking, sidewalks, landscaping, and similar facilities provided
that paved parking areas shall not be located closer than forty feet (40') to any lot in a
residence district.
3. Rear: Not less than twenty feet (20') in depth, except that portion of a rear yard abutting
a residence district shall be not less than one hundred feet (100') in depth, provided that
required rear yards may be occupied by drives, vehicular parking, sidewalks, landscaping and
similar facilities provided that paved parking areas shall not be located closer than forty feet
(40') to any lot in a residence district. (Ord. G-60, 3-22-1966; Ord. G-213, 3-22-1977; Ord. G557, 7-25-1995; Ord. G-758, 8-24-2004)

13-10B-4: ADDITIONAL REGULATIONS:
A. Awnings, Marquees And Signs: See chapter 11 of this title.
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B. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966; Ord. G-695, 3-26-2002)

ARTICLE C. ORA3 OFFICE-RESEARCH-ASSEMBLY DISTRICT
SECTION:
13-10C-1: Purpose
13-10C-2: Permitted Uses
13-10C-3: Special Uses
13-10C-4: Lot Area Requirements
13-10C-5: Additional Regulations
13-10C-6: Procedures

13-10C-1: PURPOSE:
The ORA3 district is designed to permit and encourage orderly and attractive site planning in
accordance with an overall design which provides for the preservation of natural site
qualities, a high proportion of open space, and an arrangement of land uses and physical
features into a harmonious design compatible with the surrounding area. It is intended that an
area may be classified as an ORA3 district only when the following conditions are met:
A. Not less than fifty percent (50%) of the property shall be permanently devoted to open
space which shall consist of planted areas (including planted surfaces of parking decks),
forests, lagoons, watercourses, storm water swales and retention areas, pedestrian, bicycle,
and bridle paths and walkways, with the maximum practicable retention of forests and other
natural vegetation.
B. All buildings and parking, and other structures to the extent practical, will be
substantially screened from public view from public streets and streets privately owned and
maintained in residential developments in accordance with a landscaping plan to be
submitted for approval by the village.
C. All roads and bridges will be retained in private ownership and constructed to meet
village standards and maintained by the owner without cost to the village.
D. All access to and from the property can be constructed and maintained so that
substantially all traffic generated will use commercial thoroughfares. (Ord. G-60, 3-22-1966)

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13-10C-2: PERMITTED USES:
The following are permitted uses within the ORA3 district, but only to the extent that each
such use is in accordance with an approved Planned dDevelopment plan:
Accessory uses and structures including the following:
Central heating and air conditioning plants.
Daycare centers, provided such facility complies with all licensing requirements of the state
and maintains a direct alarm hookup to the police department or other emergency dispatch
center.
Limited retail and service facilities.
Living quarters (not in separate residential buildings) solely for occupancy of watchmen,
janitors, maintenance, and similar employees (and their families) employed in connection
with the maintenance and security of the property and improvements thereon.
Lodging facilities (together with restaurant and accessory cocktail lounge) for the transient
use of employees of the owner, its subsidiaries, affiliates, franchisees, and other business
invitees.
Nonpublic meeting and conference facilities.
Private recreational use, such as tennis courts, putting greens, swimming pools, bowling
alleys, racquetball courts, baseball diamonds, stables, bridle paths, and health facilities.
Public utility and transportation uses, such as:
Bus turnarounds and passenger shelters;
Electric distribution stations solely for serving the development;
Outdoor telephone booths;
Sewerage and storm water lift stations;
Wells and reservoirs.
Radio and television production studios.
Research and development facilities.
Storage, service, and maintenance buildings and areas.
Temporary buildings for construction purposes and construction equipment storage areas,
for a period not to exceed thirty (30) days following completion of construction.
Hotels.
Office, business and professional; provided, however, that following completion of any phase
and for five (5) years thereafter not more than thirty three percent (33%) of the office space
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shall be occupied by persons other than employees or business invitees of either: a) the
owner, its successors or subsidiaries or affiliated corporations thereof, or joint venturers or
partners of the owner; or b) tenants who are suppliers for or consultants to the owner.
Restaurants (which may include musical entertainment and dancing, cocktail lounges and
tearooms) and outdoor dining areas (as described in section 13-10-4). (Ord. G-60, 3-22-1966;
Ord. G-447, 4-24-1990; Ord. G-558, 7-25-1995; Ord. G-696, 6-11-2002; Ord. G-1163, 4-282020)

13-10C-3: SPECIAL USES:
Heliport (not for freight), shall meet all of the standards as contained in subsection 13-10A-4C
of this chapter and may be located on a roof of a building of four (4) stories or less.
Not for profit, noncommercial performing and fine arts center.
Schools of music, fine arts, dance, theater, and other arts. (Ord. G-60, 3-22-1966; Ord. G-305,
9-8-1981)

13-10C-4: LOT AREA REQUIREMENTS:
A. Lot Area: Not less than twenty four (24) acres.
B. Floor Area Ratio:
1. Not to exceed 0.44 for permitted and accessory uses;
2. Not to exceed 0.01 for special uses.
C. Open Space:
1. Not more than twenty four percent (24%) of the property shall be covered by buildings,
including parking structures.
2. Not less than fifty percent (50%) of the property shall be "open space" as defined in
subsection 13-10C-1A of this article.
D. Structure Height: Not to exceed thirty five feet (35') or three (3) stories, whichever is less;
provided, however, that parking structures may be above that height but shall not exceed the
lesser of four (4) stories or forty feet (40') unless located within an office building structure;
and that up to forty five percent (45%) of the total permitted office floor area may be above
that height but shall not exceed the lesser of six (6) stories or seventy five feet (75'); and up to
ten percent (10%) of the total permitted lodging facilities floor area may be above that height,
but shall not exceed the lesser of five (5) stories or sixty feet (60').
E. Yards: No structure other than signs as provided for in subsection 13-10C-5A of this
article, shall be erected or maintained within one hundred feet (100') from any boundary of
said property, except that said area may be occupied by drives, vehicular parking, sidewalk,
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landscaping, gatehouse entrance treatment and similar facilities, except that paved parking
areas shall not be located on required yards adjacent to public streets or within forty feet (40')
of all other boundary lines. (Ord. G-60, 3-22-1966; Ord. G-558, 7-25-1995)

13-10C-5: ADDITIONAL REGULATIONS:
A. Signs: See chapter 11 of this title.
B. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title, except that if the approved Planned dDevelopment plan shall reserve
enough land area to satisfy the full requirements of chapter 12 of this title, then only sixty
percent (60%) of the required parking for any phase of the development need be developed
until and unless the village determines that the existing parking is inadequate. At such time,
the owner shall construct additional parking spaces as required by chapter 12 of this title up
to one hundred percent (100%). An amount equal to twenty percent (20%) of the parking
provided for the development shall be located in an office building and/or in underground
parking facilities decked over with architectural landscaping. (Ord. G-60, 3-22-1966; Ord. G447, 4-24-1990; Ord. G-558, 7-25-1995; Ord. G-695, 3-26-2002)

13-10C-6: PROCEDURES FOR PLAN APPROVAL IN THE ORA-3:
A. The applicant shall concurrently file with the village clerk:
1. An application for rezoning of the property to an ORA3 office- research-assembly
district classification; and
2. An application for approval of a proposed development plan Planned Development.
B. Such applications shall be processed in the manner provided in section 13-14-8 of this
title.
C. The proposed development plan shall include the following:
1. A statement as to the following:
a. The period of time expected to be required to implement the development plan
Planned Development, and each development phase necessary or desirable for full
implementation thereof.
b. The total acreage allocated for each principal and accessory use, including, but not
limited to, open space, office and other buildings and structures, parking and other accessory
uses.
c. The conditions and limitations relating to the development of the property.
2. A plat setting forth graphically on a scaled drawing drawn to a scale not smaller than
one hundred feet to one inch (1" = 100'), which shall include the following information:
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a. The boundaries of the site and location of adjacent public streets;
b. The general location of proposed vehicular access points and internal private drives;
c. The proposed boundaries of areas within the site of: 1) open space areas where no
building or parking lots will be permitted; 2) building areas where buildings and other
structures and parking lots will be permitted;
d. The location of water channels, storm water detention areas, lakes and ponds;
provided, that prior to final approval of improvement plans as provided for in subsection E of
this section, all of such areas shall be precisely defined.
D. The applicant shall also provide the following:
1. A statement of the planning objectives to be achieved by the development.
2. A plat of survey of the site.
3. A topographical analysis of the site with contour intervals of not more than two feet (2').
4. An aerial photograph of the site at a scale of not less than two hundred feet to the inch
(1" = 200').
5. Information on existing water mains, sanitary sewers, storm sewers, storm water
retention and runoff, stream channels, floodplains and floodways, lakes and ponds.
6. A study by traffic engineers providing information on the impact of the development on
public streets and intersections.
7. A plat or map showing the land uses, physical features and zoning of all adjacent lands
within four hundred (400) yards of the site.
E. Following final approval of the Planned dDevelopment plan for the site, no building
permit shall be issued and no improvements shall be commenced until an improvement plan
shall have been approved in the manner provided in the applicable provisions of the
subdivision regulations 1 .
F. The owner of property zoned ORA3 may file from time to time applications for approval of
proposed amendments to an approved Planned dDevelopment plan, which applications shall
be processed in the manner provided in subsections B through E of this section. (Ord. G-60, 322-1966; Ord. G-233, 5-31-1978)

Notes
1

1. See title 14 of this code.

ARTICLE D. O3 OFFICE DISTRICT
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SECTION:
13-10D-1: Permitted Uses
13-10D-2: Special Uses
13-10D-3: Lot Area Requirements
13-10D-4: Additional Regulations

13-10D-1: PERMITTED USES:
Accessory uses and structures including:
Restaurants, accessory cocktail lounges, and outdoor dining areas (as described in section
13-10-4) over five (5) stories in height which is used principally for a permitted use, and when
located on floors below those used for the principal use or on the top floor or roof of such
structure.
Retail sales and personal service uses, having no exterior advertising and accessible only
from the lobby and interior of a building (which is over 12 stories in height) and used for a
permitted principal use and when no single establishment occupies more than two thousand
(2,000) square feet of floor area.
Banks and financial institutions.
Electric distribution centers and substations.
Gas regulator station.
Offices. (Ord. G-60, 3-22-1966; Ord. G-842, 10-9-2007; Ord. G-1163, 4-28-2020)

13-10D-2: SPECIAL USES:
Daycare center, provided such facility complies with all licensing requirements of the state
and maintains a direct alarm hookup to the Oak Brook police department.
Heliports, not for freight, shall meet all of the standards as contained in subsection 13-10A4C of this chapter. Additionally, the operation of said heliport shall meet the performance
standards as contained in section 13-10-3 of this chapter.
Hotel or combination office and hotel.
Public utility, governmental service and transportation uses.
Bus turnarounds and passenger shelters.
Emergency warning system structures.

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Fire and police stations.
Outdoor ATM (automated teller machine) walk-up or drive-thru
Sewage and storm water lift stations.
Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths
and pedestals.
Water filtration plants, wells, pumping stations and reservoirs. (Ord. G-60, 3-22-1966; Ord. G454, 10-9-1990; Ord. G-483, 3-10-1992; Ord. G-747, 4-27-2004; Ord. G-1163, 4-28-2020)

13-10D-3: LOT AREA REQUIREMENTS:
A. Floor Area Ratio: Not to exceed 0.8.

B. Yards:
1. Front: Not less than one hundred feet (100') in depth, except when adjacent to a
residence district boundary line not less than one hundred fifty feet (150') in depth.
2. Side: Not less than thirty feet (30') in depth, except: a) that portion of a side yard
abutting a residence district shall be not less than one hundred fifty feet (150') in depth; b) a
side yard abutting a street shall be not less than forty feet (40') in depth; and c) a side yard
abutting 22nd Street shall be not less than one hundred feet (100') in depth.
3. Rear: Not less than forty feet (40') in depth, except that portion of a rear yard abutting a
residence district shall be not less than one hundred feet (100') in depth and except that a
rear yard abutting an alley or service drive may be reduced by twenty feet (20') in depth. (Ord.
G-60, 3-22-1966; Ord. G-213, 3-22-1977)

13-10D-4: ADDITIONAL REGULATIONS:
A. Awnings, Marquees And Signs: See chapter 11 of this title.
B. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966; Ord. G-233, 5-31-1978; Ord. G-305, 9-8-1981;
Ord. G-695, 3-26-2002)

ARTICLE E. O4 OFFICE DISTRICT
SECTION:
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13-10E-1: Permitted Uses
13-10E-2: Special Uses
13-10E-3: Lot Area Requirements
13-10E-4: Additional Regulations

13-10E-1: PERMITTED USES:
Accessory uses and structures including:
Restaurants including outdoor dining (as described in section 13-10-4) and accessory
cocktail lounges in a structure five (5) stories or more in height which is used principally for a
permitted use, and when located on the ground or on floors below those used for the principal
use or on the top floor or roof of such structure.
Retail sales and personal service uses when no single establishment occupies more than
two thousand (2,000) square feet of floor area.
Buildings existing at the time of rezoning to O4 office district may be used for any of the uses
permitted in the zoning district applicable to the property at the time of its rezoning; provided
that in the event that: a) the structure is substantially damaged and the owner is not required
by the lease or otherwise to restore the structure to its prior condition; or b) the structure is
not occupied, used or leased for such purpose or purposes for a period of twelve (12)
consecutive months, then its future use shall be limited to one or more of the uses permitted
in this article, or, with the prior approval of the village board of trustees, to one or more of the
special uses set forth in section 13-10E-2 of this article.
Electric distribution centers and substations.
Gas regulator station.
Office supply retail establishments.
Offices. (Ord. G-60, 3-22-1966; Ord. G-1163, 4-28-2020)

13-10E-2: SPECIAL USES:
Daycare center, provided such facility complies with all licensing requirements of the state
and maintains direct alarm hookup to the Oak Brook police department.
Health clubs, private, membership only, in multi-building office complexes under single
ownership or control on sites not less than ten (10) acres. Such structure shall not front on
any perimeter road, and access thereto shall be provided only from interior roadways.

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Heliports, not for freight, shall meet all of the standards as contained in subsection 13-10A4C of this chapter. Additionally, the operation of said heliport shall meet the performance
standards as contained in section 13-10-3 of this chapter.
Hotel or combination office and hotel.
Medical offices.
Outdoor ATM (automated teller machine) walk-up or drive-thru
Mixed use development on properties not less than ten (10) acres in area subject to the
following:
A. Authorized Uses:
1. Permitted; B1 District; Exceptions: All permitted uses authorized in the B1 local
shopping center district, except that the following uses are not permitted:
Fire stations.
Launderettes, including automatic self-service dry cleaning equipment.
Libraries, branch.
Police stations.
2. Permitted; B-2 District; Exceptions: All permitted uses in the B-2 regional shopping
center district, except that the following uses are not permitted:
Automobile service stations.
Electric distribution centers and substations.
Gas regulator stations.
Hospitals, having not more than ten (10) beds and first aid stations for the treatment of
emergency cases.
Laundries, dyeing and cleaning establishments.
Laundries, self-service, and shops for the collection and distribution of laundry and dry
cleaning articles.
Messenger and telephone service stations.
Printing plants, newspaper, magazine and similar publications.
Radio and television broadcasting stations.
Service, cleaning and repair shops, for personal, household or garden equipment.
3. Permitted; B-3 District; Exceptions: All permitted uses in the B-3 general business
district, except that the following uses are not permitted:
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Animal hospitals and veterinarian offices.
Automobile accessory stores.
Automobile service stations.
Building material sales, not including outside storage.
Cartage and express facilities.
Clothing pressing establishments.
Clubs, lodges and fraternal organizations.
Coin and philatelic stores.
Electric distribution centers and substations.
Employment agencies.
Exhibition halls.
Fire stations.
Garages, public, where body repair and painting are incidental accessory uses, but not
including automobile wrecking yards.
Garages, storage.
Gas regulator stations.
Greenhouses and conservatories.
Kennels, with no outdoor dog runs.
Laboratories, medical, dental or optical.
Libraries.
Locksmith shops.
Mail order service stores.
Orthopedic and medical appliance stores.
Pet service, domestic.
Physical culture and health service, gymnasiums, reducing salons, massage salons and
public baths.
Plumbing, heating, air conditioning and electrical fixtures and equipment, showroom
and shops, for domestic use only.
Police stations.
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Radio and television stations.
Recording studios.
Recreational buildings, community centers and meetings halls.
Religious institutions, churches, chapels, temples or synagogues.
Sewing machine sales and services.
Taxidermists.
Telegraph offices.
Typewriter and adding machine sales and service establishments.
Undertaking establishments and funeral parlors.
4. Special; B-1 District; Exceptions: All special uses authorized in the B-1 local shopping
center district, except as specified in subsection A7 of this use.
5. Special; B-2 District; Exceptions: All special uses in the B-2 regional shopping center
district, except as specified in subsection A7 of this use.
6. Special; B-3 District; Exceptions: All special uses in the B-3 general business district,
except as specified in subsection A7 of this use.
7. Nonpermitted Uses: The following uses are not permitted, notwithstanding the
provisions of the zoning regulations:
Amusement establishments, including gymnasiums, swimming pools and skating rinks.
Automobile minimarket.
Automobile service stations.
Clubs, lodges, fraternities and community centers.
Drive-in establishments for permitted uses.
Fire and police stations.
Gas regulator stations.
Horse stables and riding academies, public.
Nursing homes.
Open sales lots, when accessory to new automobile, trailer or boat sales
establishments.
Recreation, outdoor, par 3 and miniature golf courses, golf driving ranges, swimming
and tennis clubs, and other outdoor recreation uses as approved by the village board of
trustees.
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Water filtration plants, wells, pumping stations and reservoirs.
8. Additional Authorized Uses:
Bakeries, where not more than forty percent (40%) of the floor area is devoted to
processing.
Barber shops and beauty parlors, day spas, tanning salons.
Clinics, medical, dental and optometric including accessory laboratories.
Drive-in and drive-through banking facilities.
Garden supply, retail.
Health clubs, including accessory uses such as daycare, spa services including tanning
and salon, selling of goods including clothing, food, other items related to health and well
being.
Indoor entertainment facilities, except for game rooms and pool rooms.
Offices: business, professional and public. Any such office use may also include a
daycare center.
Retail food products sales facilities.
Seasonal, portable carts serving only limited menu foods and/or beverage items in
outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided that:
a) all aspects of the operation and sales meet the applicable requirements of the DuPage
County health department; and b) cart locations have appropriate utilities provided, are not
convenient to drive-up business, and do not materially interfere with access to or visibility of
other establishments within the shopping center.
Single-family attached dwellings.
B. Lot Requirements:
1. Yards:
a. Front: Not less than one hundred feet (100') in depth; provided that parking may be
installed and utilized in this setback along York Road not less than thirty feet (30') of the
property line; and further provided that canopies may encroach no more than eight feet (8')
into any required front yard;
b. Rear: Not less than thirty feet (30'); provided that canopies may encroach no more
than eight feet (8') into any required rear yard; and further provided that hotel and
condominium canopies may encroach no more than fifteen feet (15') into any required rear
yard;
c. Side: Not less than thirty feet (30'); provided that canopies may encroach no more
than eight feet (8') into any required side yard; and further provided that hotel and
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condominium entryway coverings may encroach no more than fifteen feet (15') into a required
side yard;
provided, however, that when a developed zoning lot which contains two (2) or more
principal buildings is subdivided the yards required along the new lot lines created by the
subdivision shall be not less than thirty feet (30') in depth and the depth of all required yards
for each lot shall be shown on the subdivision plat; provided, that existing parking stalls and
aisles and access and service drives shall be permitted to continue within said yards and
within the yards along the boundaries of the original zoning lot required by this subsection B1,
as modified by subsection 13-12-3H of this title; and provided further that upon
redevelopment of any part of a lot, other than for resurfacing or for utility replacement, which
development requires removal of existing parking stalls or aisles located in whole or in part
within areas where such accessory uses are not permitted by said subsections as so
modified, no new stalls or aisles shall be constructed in such areas except as permitted by
said subsections as so modified, and any landscaping therein required by this title shall be
promptly installed and properly maintained.
2. Floor Area Ratio: Not to exceed 1.0.
3. Structure Height: Not more than sixteen (16) stories or one hundred eighty feet (180'),
whichever is greater.
C. Parking And Loading: In a mixed use development containing hotel and/or office uses:
1. Up to thirty five percent (35%) of required parking spaces for all uses may have a
minimum width of eight and one-half feet (8.5').
2. No more than fifteen percent (15%) of required parking spaces may be located within
one hundred feet (100') of York Road.
3. Notwithstanding the provisions of subsection 13-12-3C of this title, the minimum aisle
width shall be twenty four feet (24').
4. The following provisions shall govern driveways notwithstanding the provisions of
subsection 13-12-3E of this title: Spacing between driveways shall be consistent with good
engineering practice as reasonably determined by the village engineer and not less than thirty
five feet (35').
5. The following provisions shall govern loading requirements, notwithstanding the
provisions of section 13-12-7 of this title: Loading docks and loading berths are not required
provided that off street loading areas are installed.
D. Signs:
1. Monument Signs:
a. One at fifteen feet by sixteen feet (15' x 16') (2 sided) with slots for tenant signage (240
square feet, each side, 480 square feet total).

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b. One at ten feet by sixteen feet (10' x 16') (2 sided) (160 square feet each side, 320
square feet total).
2. Directional And Miscellaneous/Wayfinding Signs:
a. Up to twenty (20) signs, each no more than twenty (20) square feet.
3. Restaurant And Retail Signs:
a. On building signage/entrance signage.
b. Gross surface area of all signs shall be no more than two (2) times the number of
linear feet in the length of the building wall facing a public street.
c. On a corner or through lot, a sign may be erected along each street frontage.
d. Height of letters are limited to thirty six inches (36").
e. The sign shall not project more than thirty inches (30") from any facade or canopy and
shall not be higher than the top of the building.
4. Blade Signage: The following sign provisions are available for each occupant of any
nonresidential use:
a. Signage shall be no larger than eight (8) square feet.
b. Height of letters are limited to twelve inches (12").
c. Signage shall be at least eight feet (8') above the elevation of the sidewalk.
d. Signage shall project no more than sixty inches (60") from the facade.
5. Health Club Signs:
a. Building signage/entrance signage.
b. Gross surface area shall be no more than six hundred thirty (630) square feet.
c. Height of letters are limited to forty eight inches (48").
d. The sign shall not project more than thirty inches (30") from any facade or canopy and
shall not be higher than the top of the building.
e. Health club may have three (3) building/entrance signs: two (2) on the building and
one at the main entrance.
6. Hotel Signage:
a. Top of the building (north side): Up to one hundred forty (140) square feet.
b. Top of the building (south side): Up to sixty five (65) square feet.
c. Porte-cochere signage: Up to one hundred forty five (145) square feet.
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d. Ground sign: Up to three (3) square feet.
7. Condominium Signage:
a. Entrance Signage: The primary and secondary entrances may each have the following
signage:
(1) Gross surface area shall be no more than two (2) times the number of linear feet in
the length of the building wall facing a public street.
(2) Height of letters are limited to thirty six inches (36").
(3) The signs shall not project more than thirty inches (30") from any facade or canopy
and shall not be higher than structure height.
b. Parking Signage For Condominiums:
(1) Limited to thirty (30) square feet.
8. Location Of Signs: Except for signs authorized in subsection D2 of this use, no ground
sign may be closer than ten feet (10') from any lot line and no sign may be closer than three
feet (3') from a driveway or parking area.
E. Landscaping: The following provisions shall govern requirements for landscaping
notwithstanding the provisions of subsections 13-12-4B and C of this title:
1. Screening And Landscaping: The following landscaped and planted areas shall be
provided and maintained for all parking areas:
a. Front Yards: Permanent screening at least two feet (2') in height shall be installed in
front yard areas adjacent to parking areas. This screening may consist of a planted earth
berm, shrubs or trees, or a combination of both.
b. Side And Rear Yards: Permanent peripheral screening at least two feet (2') in height
shall be installed in side and rear yards adjacent to parking areas. This screening may consist
of a planted earth berm, shrubs or trees, or a combination of both.
2. Lot Area: Landscaped areas shall occupy not less than ten percent (10%) of the total lot
area.
Public utility, governmental service and transportation uses:
Bus turnarounds and passenger shelters.
Emergency warning system structures.
Fire and police stations.
Schools - nonresidential, postbaccalaureate school, provided that not more than twenty
percent (20%) of the course offerings may be prerequisite to admission to the
postbaccalaureate programs.
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Sewage and stormwater lift stations.
Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths
and pedestals.
Water filtration plants, wells, pumping stations and reservoirs. (Ord. G-60, 3-22-1966; Ord. G710, 12-10-2002; Ord. G-827, 1-23-2007; Ord. G-914, 1-12-2010; Ord. G-1074, 4-12-2016;
Ord. G-1163, 4-28-2020)

13-10E-3: LOT AREA REQUIREMENTS:
A. Floor Area Ratio: Not to exceed 0.8.
B. Structure Height: Not to exceed one hundred eighteen feet (118') or eight (8) stories in
height, whichever is less.
C. Yards:
1. Front: Not less than sixty feet (60') in depth, except: a) when adjacent to a residence
district boundary line not less than one hundred fifty feet (150') in depth; and b) when abutting
22nd Street or York Road not less than one hundred feet (100') in depth.
2. Side: Not less than thirty feet (30') in depth, except: a) that portion of a side yard
abutting a residence district shall be not less than one hundred fifty feet (150') in depth; b) a
side yard abutting a street shall be not less than forty feet (40') in depth; and c) a side yard
abutting 22nd Street or York Road shall be not less than one hundred feet (100') in depth.
3. Rear: Not less than forty feet (40') in depth, except that portion of a rear yard abutting a
residence district shall be not less than one hundred feet (100') in depth and except that a
rear yard abutting an alley or service drive may be reduced by twenty feet (20') in depth. (Ord.
G-60, 3-22-1966)

13-10E-4: ADDITIONAL REGULATIONS:
A. Awnings, Marquees And Signs: See chapter 11 of this title.
B. Off Street Parking And Loading: Off street parking and loading shall be as provided in
chapter 12 of this title. (Ord. G-60, 3-22-1966; Ord. G-619, 9-22-1998; Ord. G-695, 3-26-2002)

CHAPTER 12
OFF STREET PARKING AND LOADING
SECTION:
13-12-1 : Scope Of Regulations

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13-12-2 : Permissive Parking And Loading Facilities

13-12-3: Off Street Parking Regulations
13-12-4 : Design And Maintenance

13-12-5 : Off Street Parking Spaces

Required 13-12-6: Handicap Parking
13-12-7 : Off Street Loading Regulations

13-12-8 : Parking For Damaged Or Destroyed Uses
13-12-1 : SCOPE OF REGULATIONS:

The off street parking and loading provisions of this chapter shall apply as follows,
subject to the restrictions set forth in section 13-12-3 of this chapter:
A. Accessory off street parking and off street loading facilities shall be provided as
required by the regulations of this chapter for all uses and structures established in each
district after the effective date hereof. However, where a building permit has been issued
prior to the effective date hereof, and construction is begun within ninety (90) days after
such effective date and diligently prosecuted to completion, parking and loading facilities
as required for the issuance of said building permit may be provided in lieu of any different
amounts required by this chapter.
B. When the intensity of use of any structure or premises is increased through the
addition of dwelling units, gross floor area or seating capacity parking and loading facilities
for the addition shall be provided in the amount specified herein.
C. Whenever the existing use of a structure shall hereafter be changed to a new use,
parking or loading facilities shall be provided as required for such new use. However, if the
said structure was erected prior to the effective date hereof, additional parking or loading
facilities are mandatory only in the amount by which the requirements for the new use
would exceed those for the existing use, if the latter were subject to the parking and loading
provisions of this chapter.
D. The design and engineering for all new or modifications to existing parking and
loading facilities shall be approved by the village engineer prior to construction. (Ord. G687, 10-23-2001)
13-12-2 : PERMISSIVE PARKING AND LOADING FACILITIES:

Nothing in this chapter shall be deemed to prevent the voluntary establishment of off
street parking and loading facilities to serve any existing uses or structures, provided that
all regulations herein governing the location, design, and operation of such facilities are
followed. (Ord. G-687, 10-23-2001)
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13-12-3 : OFF STREET PARKING REGULATIONS:

A. Existing Parking Facilities: Accessory off street parking facilities in existence on the
effective date hereof and located on the same lot as the structure or use served shall not
hereafter be reduced below the requirements for a similar new structure or use under the
provisions of this chapter.
B. Location: After the effective date hereof, all off street parking spaces shall be located
on the same lot as the building, structure or use of land served; however, off street parking
spaces may also be located on a lot other than the lot on which the building, structure or
use of land served is located, provided that said spaces are also within five hundred fifty
feet (550') walking distance of such building, structure, or use of land. All off street parking
spaces required for single-family residences shall be located on the same lot as the
residence, provided that no required spaces may be located in any front or side yard.
C. Size And Aisles: Each required off street parking space shall have a width and length,
exclusive of access drives or aisles, ramps, columns, or office and work areas in
accordance with standards set forth below. Enclosed parking spaces shall have a vertical
clearance of at least seven feet (7'). Each required off street parking space shall open
directly upon an aisle or driveway of a width and design in accordance with standards set
forth below:

MINIMUM STANDARDS OF PARKING SPACES, AISLES AND PARKING BAYS FOR PARKING
ACCESSORY TO NONOFFICE USES
45°
60°
75°
90°

9'0"
9'0"
9'0"
9'0"

12'9"
10'5"
9'4"
9'0"

19'1"
20'1"
19'9"
18'0"

Minimum Space Per Car:

12'0"
17'0"
22'0"
27'0"

50'2"
57'2"
61'6"
63'0"

Width 9'0" Length 18'0"
Width Of Parking Bays1

Parking Space And Aisle Dimensions:
Width Of

Depth Of Space
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Angle Of
Parking

Width Of
Space
Feet And
Inches

Space Parallel
To Aisle,
Feet And
Inches

Perpendicular
To Aisle,
Feet And
Inches

Width Of
Aisle
Feet And
Inches

Head-In
To Curb
Feet And
Inches

MINIMUM STANDARDS OF PARKING SPACES, AISLES AND PARKING BAYS FOR
PARKING ACCESSORY TO OFFICE AND HOTEL USES

Minimum Space Per Car:

Width 8'6" Length 17'6"
Width Of Parking Bays2

Parking Space And Aisle Dimensions:

Angle Of
Parking

Width Of
Space
Feet And
Inches

45°
60°
75°
90°

8'6"
8'6"
8'6"
8'6"

Width Of
Space Parallel
To Aisle,
Feet And
Inches
12'0"
9'10"
8'10"
8'6"

Depth Of Space
Perpendicular
To Aisle,
Feet And
Inches

Width Of
Aisle
Feet And
Inches

Head-In
To Curb
Feet And
Inches

18'5"
19'5"
19'1"
17'6"

12'0"
16'0"
20'0"
24'0"

48'10"
54'10
58'2"
59'0"

D. Timing Of Construction: All required off-street parking shall be constructed in
accordance with the design criteria of this chapter and shall be improved and ready for use
as a condition of occupancy for the structure, issuance of additional permits or use of
land. However, the property owner may request approval from the dDirector of community
Ddevelopment Services, to initially construct no less than seventy five percent (75%) of the
required parking as a condition of occupancy with the remaining required spaces to be set
aside and constructed when the parking demands for the site as determined by the village,
require the construction of the set aside parking spaces. Prior to occupancy, a written
covenant agreeing to construct the set aside parking spaces shall be submitted to the
village for review and approval. Once approved, this document shall be filed for recording
in the office of the county recorder of deeds and shall run with the parcel of land.
E. Access: All off-street parking facilities shall be provided with appropriate means of

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vehicular access to a street in accordance with regulations set forth below:
ACCESS DRIVEWAYS FROM STREETS TO
OFF-STREET PARKING AND LOADING SPACES
1. Width of driveways (measured at the lot line adjoining a street):

a. Residential Uses: Not less than nine feet (9') wide or more than twenty feet (20')
wide.
b. Nonresidential Uses:

(1) Not less than twelve feet (12') wide or more than twenty two feet (22') wide for a
one-way driveway.
(2) Not less than twenty two feet (22') wide or more than twenty five feet (25')
wide for a two-way driveway serving twenty (20) or fewer parking spaces or one loading
berth.
(3) Not less than:

(A) Twenty four feet (24') wide or more than thirty eight feet (38') wide for a twoway driveway (2 lanes out and 1 lane in) without a median; or
(B) Twenty four feet (24') wide or more than forty four feet (44') wide for a twoway driveway (2 lanes out and 1 lane in) with a median, serving more than twenty (20)
parking spaces or two (2) or more loading berths.
2. Radius connecting street pavement edge and driveway edge:
a. In Residential Districts: Not less than two feet (2').

b. In All Other Districts: Not less than fifteen feet (15').

3. Angle at intersection of a driveway and street: The acute angle formed at the
intersection of driveway and street pavement edges shall be not less than sixty
degrees (60°). The required turning angle for a vehicle entering or leaving a driveway
shall not exceed ninety degrees (90°).
4. Spacing between separate driveway entrances on a lot (measured center to center
at the lot line adjoining a street): no less than forty percent (40%) of the length of the lot
line adjoining the street, or four hundred feet (400'), whichever is less.
5. On corner lots, spacing between driveway entrance and right- of-way line of an
adjacent intersecting street (measured from the nearest edge of the driveway pavement at
its intersection with the street pavement to the nearest right-of-way line, extended, of an
adjacent intersecting street): no less than twenty percent (20%) of the length of the lot line
adjoining the street being entered.
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F. Use: Accessory off-street parking facilities, as accessory to specific uses listed in
this chapter, shall be solely for the parking of automobiles of patrons, occupants or
employees. When bus transportation is provided for patrons, occupants or employees of
a specific establishment, additional open or enclosed off-street parking spaces for bus parking
on the premises shall be provided in accordance with all other regulations set forth in this
chapter.

G. Computation: When determination of the number of off-street parking spaces
required by this chapter results in a requirement of a fractional space, any fraction of onehalf (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be
counted as one parking space.
H. In Yards: Off-street parking spaces, open to the sky, in nonresidential districts, may
be located in required interior side yards and rear yards, no less than ten feet (10') from the
nearest lot line, except a parking area containing four (4) or more parking spaces shall be
not less than forty feet (40') from an adjoining residence district boundary; provided,
however, that:
1. On any lot in a B1 local shopping center district and a B3 general business district,
the required off-street parking spaces may be located in a front yard or side yard adjoining
a public street not less than ten forty feet (40') from a street the property line;
2. On any lot in ORA1 or ORA2 office-research-assembly district and an O3 or O4 office
district, not more than ten percent (10%) of the required off-street parking spaces, not to
exceed six (6) spaces, may be located in a required front yard or along the side of the
building adjoining the street and not less than twenty five forty feet (2540') from a street line
the property line or fifty feet (50') from the street lines right-of-way line of Cermak 22ndStreet
and York Road; and
3. On any lot in an ORA3 office-research-assembly district, the location of offstreet parking spaces shall be controlled by subsection 13-10C-4E of this title and not
the provisions of this subsection H.
I. Parking Of Certain Commercial Vehicles And Equipment In Residence Districts
Prohibited: No motor vehicle bearing ambulance, funeral home, livery, taxi or tow truck
state license plates shall be stored or parked on any lot in any residence district, unless
such motor vehicle(s) is wholly enclosed in a building or such vehicle is being used in
connection with a legitimate service actually being rendered for the benefit of such lot. No
motor vehicle having a gross vehicle weight (including vehicle and attached equipment and
maximum load) 3 in excess of eight thousand (8,000) pounds, except vehicles registered as
recreational vehicles under the Illinois motor vehicle code, and no contractor's equipment,
supplies or tools, shall be stored or parked on any lot in any residence district, unless:
1. Such vehicle, equipment, supplies or tools are wholly enclosed within a building; or

2. Such vehicle, equipment, supplies or tools are being used in connection with
a legitimate service actually being rendered for the benefit of such lot.
J. Collective Provision: Off-street parking facilities for separate uses located in a

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principal building on a single parcel may be provided collectively if the total number of
spaces so provided is not less than the sum of the separate requirements for each such
use and provided that all regulations governing location of accessory parking spaces, in
relation to the use served, are adhered to. In addition, any parcel of land that has excess
parking beyond what is required by this chapter may allocate excess parking capacity to
any parcel or use that is directly contiguous to it under a shared parking arrangement if it
meets the applicable requirements of this chapter. Such arrangement must be in written
form with notification provided to the village.
K. Control Of Off-Street Parking Facilities: In cases where parking facilities are permitted
on a lot other than the lot on which the structure or use served is located, a covenant
running with the land must be recorded in the office of the recorder of deeds of DuPage
County, Illinois, on the lot upon which the accessory off-street parking is located which
prohibits any other use on that lot, and a copy of the recorded covenant certified by the
office of the recorder of deeds of DuPage County, Illinois, shall be deposited with the
dDirector of community dDevelopment Services. The covenant shall not be released until
such time as either one of the following conditions occurs:
1. The structure on the lot containing the principal use is removed and the principal
use terminated.

2. Another lot of the required size within the required distance is properly developed
and used for the required accessory off- street parking in place of and in lieu of the initial
lot used for accessory off-street parking with the same requirements, covenants, and
conditions attaching to such substitute accessory use lot as approved by the same
authority as required for approval of such initial lot.
L. Employee Parking: Parking spaces required on an employee basis shall be based on
the maximum number of employees on duty or residing, or both, on the premises at any
one time.
M. Repair And Service: Except in cases of emergency, no motor vehicle repair work or
service of any kind shall be permitted in off-street parking areas. No gasoline or motor oil
shall be sold or services performed in conjunction with any accessory parking facilities
unless such facilities are located within a completely enclosed structure, in which case
gasoline and motor oil may be sold within such structure to the users of such facilities,
provided that no sign thereto is visible from outside the structure and provided further
that all gasoline pumps shall be effectively screened from view of streets and residence
districts. (Ord. G-687, 10-23-2001; Ord. G-758, 8-24-2004)
N. Shared Parking Reductions – Mixed-Use Developments: Cumulative parking
requirements for mixed-use occupancies may be reduced where it can be determined
that the peak requirement of the several occupancies occurs at different times during the
day. The Shared Parking Report, January 1995, 2nd Edition, published by the Urban Land
Institute may be used as a guideline in the estimation of parking demand. For a shared
parking arrangement, the Director of Development Services may make an administrative
adjustment that reduces the off-street parking requirements for each participating
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commercial property by a maximum of 15%.
Notes
1 1. Parking bay consists of 2 rows of parking spaces and 1 aisle.
2 1. Parking bay consists of 2 rows of parking spaces and 1 aisle.
3 1. Equivalent to Illinois motor vehicle registration class C and higher, second division
vehicles.

13-12-4 : DESIGN AND MAINTENANCE:

A. Surfacing: Except in the R1 and R2 single-family residential zoning districts where off
street parking areas can be either stone or hard surfaced, all off street parking areas shall
be improved with an all weather hard surface pavement installed in accordance with the
village of Oak Brook public works construction standards.
B. Screening And Landscaping: The following landscaped and planted areas shall be
provided and maintained for all parking areas:
1. Front Yards: Permanent screening at least four feet (4') high shall be installed in
front yard areas adjacent to parking areas. This screening may consist of a planted
earth berm, densely planted shrubs or trees, or a combination of both.
2. Side And Rear Yards: Permanent peripheral screening at least five feet (5') high shall
be installed in side and rear yards adjacent to parking areas. This screening may consist of
a planted earth berm, densely planted shrubs or trees, or a combination of both. In side
and rear yards, the screening shall be so located and constructed as not to interfere or
conflict with the use of any utility easements or utility installations existing or planned to
be installed in these easement areas.
C. Interior Parking Lot Landscaping: Landscaped areas shall occupy not less than ten
percent (10%) of the total lot area excluding:
1. The building footprint or footprint of other structures,
2. All required front yard or street setback areas, and
3. Any required landscape areas along rear lot lines.
In parking areas which are wider than one bay of double parking, interior shade trees shall
be planted with a maximum spacing of forty feet (40'), provided that at least one tree is
located in the area occupied by every fifteen (15) interior parking spaces. Landscaped
dividers with a minimum width of six feet (6') shall be provided between every three (3)
parking bays. Individual permanent planter areas (minimum size of 8 feet 6 inches by 17
feet) are required for interior trees with a minimum caliper of three inches (3"), which shall
be of a variety which do not drop a messy fruit (see village of Oak Brook public works
construction standards for list of appropriate trees).
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DB. Landscape Plans: Complete detailed landscaping plans shall be submitted for
approval showing type, Latin and common names, size and location of planting material,
in accordance with the requirements and standards of Chapter 18.
EC. Lighting: Illumination of an off street parking area shall be arranged so as not to
project direct rays of light or glare into any roadway or adjacent property. Intensity of
illumination of parking areas shall be in accordance with the village of Oak Brook public
works construction standards. All lighting for business and office uses adjacent to
residential districts shall be extinguished or reduced in intensity, not later than thirty (30)
minutes after the close of business of the use being served.
FD. Disposal Of Storm Water: Adequate provision shall be made for the management of
storm water in accordance with village standards so that such water shall not flow into
adjacent property or onto or across sidewalks in a quantity or manner that would be
detrimental thereto or inconvenient to persons using the sidewalks.
GE. Permanent Curbing: Continuous permanent concrete curbing conforming to the
village of Oak Brook public works construction standards shall be provided adjacent to
all driveway, loading and parking pavement associated with nonresidential uses.
HF. Striping And Traffic Circulation: Parking spaces shall be delineated by a single white
or yellow line. For one-way movements along aisles and driveways, direction of movement
shall be indicated by pavement markings or directional signs or both as determined by the
village.
IG. Pedestrian Safety: In order to ensure pedestrian safety, where parking stalls are not
aligned perpendicular to the primary pedestrian objective or where pedestrians will be
required to cross parking aisles, a pedestrian walkway at least five feet (5') wide and
clearly indicated by pavement markings shall be provided at intervals not to exceed two
hundred feet (200').
JH. Parking Structures:
1. Landscaping And Screening: All parking structures shall be landscaped (which
includes 1 or more berms) pursuant to a landscape plan prepared by a landscape architect
to screen substantially the first level from adjacent streets and other uses. For any parking
structure that is four (4) floors or less in height, the landscaped area must be a minimum of
ten feet (10') in depth but must average fifteen (15) in depth for all screening. For any
parking structure that is in excess of four (4) floors, the landscaped area must be a
minimum of twenty feet (20') in depth. Any approved landscape plan required for screening
of a parking structure must incorporate evergreens within the plantings and include a
maintenance schedule to ensure that any damaged or dead trees, shrubs or ground cover
shall be replaced promptly. Regular maintenance of these landscaped areas shall also be
required.
21. Architecture/Design: All exterior walls of such structures, which are visible from
adjacent roadways, shall be finished with a material to maintain a "common architectural
character", as defined in section 13-8-4 of this title, with the principal building. Maintaining
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common architectural character between the parking structure and the principal
building(s) shall be judged in terms of: building form and materials; the pattern, size,
shape, and number of window openings; the glazing or screening of window openings; and
surface treatments such as cornices, moldings, reveals and sills.
32. Lighting: Parking structures with light standards on the top floor of the structure
shall be located in the center aisle of the deck and shall be of appropriate design and
scale. Low profile lighting should be used around the perimeter of the parking structure
and all internal/external light sources shall be properly screened from view to minimize
glare on adjacent property. (Ord. G-687, 10-23-2001)
3. Setbacks: For any parking structure that abuts a residential use/zoning district
the setbacks shall be ten feet (10’) plus two feet (2’) for every one foot (1’) in height above
grade, up to a maximum setback of one hundred feet (100’) for the parking structure. (Also
see landscape setback requirements in Chapter 18)

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13-12-5 : OFF-STREET PARKING SPACES REQUIRED:
There shall be provided for each structure and use hereafter erected, structurally altered, or enlarged, a minimum number of
off-street parking spaces in accordance with the following:
Dwelling And Lodging Uses:

Hotels

1 parking space for each lodging room, 1
parking space for each dwelling unit, and 1
parking space for each 100 square feet of
retail sales, meeting area and dining area.
2 parking spaces for each dwelling unit.

Single-family attached and
(detached) dwellings
Duplex and Townhomes (attached)

2 spaces for each dwelling.

Condominium and Apartments

2 spaces for each dwelling.

Assisted living units

0.5 parking spaces per dwelling unit.

Theaters, Schools, Institutions, Auditoriums Or Other Places Of Assembly:
Churches, chapels, temples and
synagogues
Clubs, lodges and fraternal
organizations

Colleges, universities and fine art
schools

1 parking space for each 4 seats.
1 parking space for every 100 square feet of
floor space, or part thereof.
For classroom and administration buildings, 1
parking space for each 2 employees who are
required to work during hours of normal
operation, plus 1 parking space for each 3
students, in accordance with designed seating
capacity of classroom facilities.
1 parking space for each 4 seats in
accordance with designed seating capacity.

Gymnasiums, stadiums, meeting halls,
convention and exhibition halls

Hospitals
Libraries, museums and art galleries

1 parking space for every 500 square feet of
floor area, or part thereof.
1 parking space for every 500 square feet of
floor area, or part thereof.
1 parking space for every 1,000 square feet of

Sanitariums, health resorts, institutions
for the aged, daycare centers, and
nursing homes

floor area plus 1 space for every employee.
Adequate stacking will also be provided for
drop-off areas per the review and approval of
the village engineer.

Schools:
Commercial or trade, music, dance
and business

High

Elementary and junior high
Theaters, auditoriums and other
places of public assembly accessory

1 parking space for every 250 square feet of
floor area, or part thereof.
1 parking space for each 6 students, plus 1
parking space for each faculty member and
other full-time and part- time employees.

1 parking space for each faculty member,
plus 1 for each other full-time employee.
to schools and other institutional establishments

Page 164 of 269

Recreation Uses, Commercial Or Noncommercial:
Bowling alleys and arcades of floor
area, or part thereof.

1 parking space for each 2.5 seats.

Golf courses

Health salons and skating rinks,
commercial
Parks, playgrounds, outdoor and
indoor recreation

1 parking space for every 200 square feet
60 parking spaces for every 9 holes plus 1
parking space for each 250 square feet
devoted to retail sales, restaurant use or
meeting space.
1 parking space for every 100 square feet of
floor area, or part thereof.
1 parking space for every 10,000 square feet
of area.

Swimming pools, commercial

1 parking space for every 75 square feet of
surface water area when filled.

Business, Commercial And Industrial Use:

Page 165 of 269

Appliance stores, motor vehicle sales
establishments and establishments for
repair of household equipment and
furniture

1 parking space for every 200 square feet of
floor area or part thereof.

Car wash (full service)

1 parking space for each 1.5 employees plus
20 stacking spaces.

Car wash (not full service including
self-service)

1 parking space for each 1.5 employees plus
10 stacking spaces for vehicles that can be
accommodated at full occupancy.

Automobile service stations

1 parking space for each island of gasoline
pumps, plus 2 for each service bay.

Banks and other financial institutions

1 parking space for every 250 square feet of
floor area, or part thereof.

Barbershops and beauty parlors

3 parking spaces for each operator's chair.
1 parking space for every 400 square feet of
floor area or part thereof. As used in this
listing, "furniture store" shall mean

Furniture stores

a minimum aggregate of 250,000 square feet at the time of initial
restaurant construction

Manufacturing, fabricating, processing,
storing, cleaning, testing, assembly,
repairing and service establishments
(as permitted in office-researchassembly districts)
Medical and dental clinics and offices
of physicians and dentists
Offices, business, professional,
administrative and public (other than
medical and dental clinics, and offices
of physicians and dentists)
Public utility, governmental service and
transportation uses
Restaurants with a drive-through in an
ORA-2 zoning district located within
1,000 feet of office buildings containing

Page 166 of 269

establishme
nts
classified
under
standard
industrial
classificatio
n (SIC)
5712 as
primarily
engaged in
the retail
sale of
household
furniture
with only
incidental
sales of:

stery materials;
C. Miscellaneous home furnishings; and
D. Consumer audio and video electronic
equipment but only as part of "home
entertainment centers" which contain furniture
as well as electronic components, but no
significant sale of any other products or
materials.
1 parking space for each 1.5 employees as
related to the working period when the
maximum number of persons are employed
on the premises, or 1 for each 800 square
feet of floor area, whichever is greater.

A. Floor coverings;
B. D
rap
eri
es,
cur
tai
ns
an
d
up
hol

1 parking space for each 300 square feet of
floor area.

Restaurants, with drive-through

1 space for each 200 square feet of floor
area.

1 parking space for each 2 employees.

1 parking space for every 100 square feet of
floor area.
1 parking space for every 66 2/3 feet of floor
area.

Restaurants, without drive-through

1 parking space for every 100 square feet of
floor area, or part thereof.

Theaters, except open air drive- ins

1 parking space for each 2.5 seats.

Undertaking establishments and
funeral parlors

1 parking space for each 100 square feet of
floor area.

Warehouse, storage, wholesale and
mail order establishments

4 plus 1 parking space for each 1,500 square
feet of floor area over 4,500 square feet, or 1
parking space for each 1.5 employees,
whichever is greater.

B2 Regional Shopping Center Districts:

Page 167 of 269

With a lot area of not more than 40
acres

Parking spaces and aisles not less in area
than 21/4 times the floor area of buildings
constructed.
Not less in area than 17/8 times the gross
floor area of buildings constructed.

With a lot area of 40 acres to 60 acres

With a lot area of 60 acres or more

Not less in area than 1 /2 times the gross
floor area of buildings constructed.
\

Determination Of Unspecified Offstreet Parking Facilities:
For permitted or special uses not listed above, the community development director
Development Services Director shall determine the required number of off street parking
spaces by comparing the proposed use against the most similar use listed in this title and
requiring that particular parking ratio.

(Ord. G-687, 10-23-2001; Ord. G-758, 8-24-2004)

Page 168 of 269

13-12-5 : HANDICAP PARKING:

See chapter 11 of this title. (Ord. G-687, 10-23-2001; Ord. G-695, 3-26-2002)
Accessible Parking Required: All facilities, which provide parking, shall
provide accessible parking in compliance with the Sections 208 & 502 of the
Illinois Accessibility Code of the Capital Development Board, as adopted,
and of the Federal Americans with Disabilities Act.
13-12-6 : OFF STREET LOADING REGULATIONS:

There shall be provided off street loading berths not less than the minimum
requirements specified in this section in connection with any structure which is to be
erected or substantially altered, and which requires the receipt or distribution of
materials or merchandise by trucks or similar vehicles in accordance with the
following:
A. Location:

1. In all O districts, all accessory off street loading berths shall be on the same lot as
the principal use and they shall face only interior lot lines. Open off street loading berths
shall be located only at the rear of the building and shall be not less than one hundred
feet (100') from an adjoining residence district boundary and such off street loading
berths shall be effectively screened therefrom by a wall or fence, of architectural design
consistent with the principal building on the lot, not less than six feet (6') nor more than
eight feet (8') in height additionally screened by a planted earth berm, densely planted
shrubs or trees, or a combination of both.
2. In the B2 zoning district, off street loading berths may face perimeter or boundary
streets if said loading berths are screened by a stone or masonry wall at least eight feet
(8') in height. No off street loading berths shall be permitted within five hundred feet
(500') of a boundary street, unless such loading berths are screened and are located at
the rear of the building.
3. In B1, B3 and B4 zoning districts, all loading berths shall be at the rear of the
building facing an interior lot line. If the rear of the building faces a lot line fronting on a
street, loading berths shall be enclosed by a wall of at least eight feet (8') high or shall be
completely enclosed within a building. Where the rear of the building faces a lot line
which is also a residence district zoning line, loading berths shall be set back at least
one hundred feet (100') from said lot line and residence district boundary, and:
a. Completely enclosed within a building, or

b. Enclosed by a wall or fence not less than six feet (6') nor more than eight feet (8')
in height, or

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c. Effectively screened by a planted earth berm, densely planted shrubs or trees,
or a combination of both.
B. Size: Unless otherwise specified in this title, a required off street loading berth shall
be at least twelve feet (12') in width and at least fifty five feet (55') in length, exclusive of
access drives, aisles, ramps, maneuvering space, columns, office and work areas, and
shall have a vertical clearance of not less than fourteen feet (14').
C. Access: Each required off street loading berth shall have an adjacent open paved
area, other than a street or public way, of adequate size and so located as to provide for
all required maneuvering for truck access to the loading berth. Such areas and related
access drives shall be in accordance with the regulations set forth in subsections 1312-3C and E of this chapter and other applicable sections of this title and shall provide
sufficient and adequate width and radii for a fifty five foot (55') long tractor semitrailer
combination.
D. Surfacing: All open off street loading berths, access drives, aisles, and
maneuvering spaces shall be improved in accordance with the village of Oak Brook
public works construction standards.
E. Repair And Service: No storage of any kind nor motor vehicle repair work or service
of any kind shall be permitted within any required loading berth.
F. Use: Space allocated to any off street loading berth shall not, while so
allocated, be used to satisfy the space requirements for any off street parking
facilities or portions thereof.
G. Required Berths:
1. The minimum
number of off street
loading berths accessory
to office uses hereafter
erected, structurally
altered or enlarged in all
business and officeresearch-assembly
districts shall be in
accordance with the
following schedule:Floor

Required
Number

Area Of Establishments
(Square Feet)
5,000 to 25,000

1

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25,001 to 200,000

2

For each additional 200,000 square feet of floor area, or fraction thereof, over
200,000 square feet of gross floor area: 1 additional loading berth.
2. The minimum number of off street loading berths accessory to nonoffice uses
hereafter erected, structurally altered, or enlarged in all business and officeresearch- assembly districts shall be in accordance with the following schedule:

Floor Area Of Establishments Required
Number
(Square Feet)
5,000 to 25,000

1

25,001 to 40,000

2

40,001 to 100,000

3

For each additional 100,000 square feet of floor area, or fraction thereof, over 100,000
square feet of floor area: 1 additional loading berth. (Ord. G-687, 10-23-2001; Ord. G750, 6-8-2004)

13-12-7 : PARKING FOR DAMAGED OR DESTROYED USES:

When any conforming or nonconforming use or structure which is in existence on the
effective date hereof is restored and continued in operation after being damaged or
destroyed by fire, collapse, explosion or other cause, to the extent that the cost of
restoration does not exceed fifty percent (50%) of the assessed valuation, not less than
the off street parking or loading facilities equivalent to any maintained at the time of
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such damage or destruction must be provided. However, in no case shall it be
necessary to restore or maintain parking or loading facilities in excess of those required
by this chapter for equivalent new uses or construction. (Ord. G-687, 10-23-2001)
CHAPTER 13
NONCONFORMING BUILDINGS, STRUCTURES AND USES
SECTION:
13-13-1: Purpose
13-13-2: Authority To Continue

13-13-1: PURPOSE:
The purpose of this Chapter is to provide for the regulation of nonconforming uses,
buildings and structures, and to specify those circumstances and conditions under which
those nonconforming buildings, structures and uses shall be eliminated. (Ord. G-60, 3-221966; Ord. G-575, 9-24-1996)

13-13-2: AUTHORITY TO CONTINUE:
Any building, structure or use which existed lawfully at the time of the adoption of this Title,
and which remains or becomes nonconforming upon the adoption of this Title, or of any
subsequent amendment thereto, may be continued only in accordance with the following
regulations:
A. Repairs And Alterations: Ordinary repairs and alterations may be made to a
nonconforming building or structure, provided that no structural alterations shall be made
in or to such building or structure, all of which is designed or intended for a use not
permitted in the district in which it is located, except those required by law, or except to
make the building or structure and use thereof conform to the regulations of the district in
which it is located. Ordinary repairs and alterations shall be determined by the Director of
Community Development Services and shall include, among other things the replacement
of storage tanks where the safety of operation of the installation requires such.
B. Additions And Enlargements:
1. A nonconforming building or structure all or substantially all of which is designed or
intended for a use not permitted in the district in which it is located shall not be added to or
enlarged in any manner unless such nonconforming building or structure, and use thereof,
is made to conform to all the regulations of the district in which it is located.

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2. A nonconforming building or structure which is nonconforming only as to bulk, may
be added to or enlarged, provided such additions or enlargement conforms to all
regulations of the district in which it is located.
C. Moving: No building or structure shall be moved in whole or in part to any other
location unless every portion of such building or structure, and the use thereof, is made to
conform to all regulations of the district in which the moved building is located.
D. Restoration Of Damaged Nonconforming Buildings Or Structures: A building,
structure or portion thereof, all or substantially all of which is designed or intended for a
use which is not permitted in the district in which it is located, and which is destroyed or
damaged by fire or other casualty or act of God to the extent that the cost of restoration to
the condition in which it was before the occurrence will exceed fifty percent (50%) of the
total cost of reconstructing the entire building or structure, shall not be restored unless
said building or structure and the use thereof shall conform to all regulations of the district
in which it is located. In the event that such damage or destruction is less than fifty percent
(50%) of the cost of reconstructing the entire building or structure, no repairs or
construction for restoration shall be made unless such work is started within one year from
the date of the partial destruction and is diligently prosecuted to completion.
E. Discontinuance Of Use Of Nonconforming Building Or Structure: A building, structure,
or portion thereof, all or substantially all of which is designed or intended for a use which is
not permitted in the district in which it is located, and in which the use has ceased by
discontinuance or abandonment, on the effective date of this Title or thereafter is
abandoned and remains unoccupied, or is not used for a continuous period of one year,
shall not thereafter be occupied or used, except by a use which conforms to the use
regulations of the district in which it is located.
F. Change Of Use In Nonconforming Building Or Structure: The nonconforming use of a
building or structure, all or substantially all of which is designed or intended for a use not
permitted in the district in which it is located, may be changed to a use permitted in the
district in which the building or structure is located.
G. Nonconforming Use Of Conforming Buildings Or Structures: The existing
nonconforming use of a part or all of a conforming building or structure may be continued
subject to the following provisions:
1. The nonconforming use of a part of such building or structure shall not be expanded
or extended into any other portion of such building or structure, nor changed to any other
nonconforming use.
2. If a nonconforming use of such a building or structure is discontinued, or abandoned
for a period of six (6) consecutive months, it shall not be renewed, and any subsequent use
of such building or structure shall conform to the use regulations of the district in which
the premises are located.

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H. Nonconforming Use Of Land: The nonconforming use of land not involving a building
or structure, or in connection with which any building or structure thereon is incidental or
accessory to the principal use of land, may be continued subject to the following
provisions:
1. Such nonconforming use shall not be expanded or extended beyond the area it
occupies.
2. If such a nonconforming use of land is discontinued or abandoned for a period of six
(6) consecutive months, it shall not thereafter be renewed, and subsequent use of land
shall conform to the regulations of the district in which the land is located.
3. No nonconforming use of land shall be changed to another nonconforming use.
4. Where the nonconforming use of land is accessory to the nonconforming use of a
building or structure, it shall be discontinued on the same date on which the
nonconforming use of the building or structure is discontinued. (Ord. G-60, 3-22-1966;
Ord. G-368, 10-22-1985; Ord. G-568, 4-1-1996; Ord. G-575, 9-24-1996)
CHAPTER 14
ADMINISTRATION AND ENFORCEMENT
SECTION:
13-14-1: Director Of Community Development Services
13-14-2: Zoning Certificates
13-14-3: Filing Plans
13-14-4: Planning and Zoning Commission Board Of Appeals Jurisdiction And Authority
13-14-5: Appeals
13-14-6: Variations
13-14-7: Plan Commission Jurisdiction
13-14-87: Amendments
13-14-98: Special Uses
13-14-109: Fees
13-14-1110: Violation, Penalty And Enforcement
13-14-1211: Public Hearing Notification Requirements

13-14-1: DIRECTOR OF COMMUNITY DEVELOPMENT SERVICES:

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The director of community development Director of Development Services or his/her
designee shall enforce this title, and in furtherance of his/her authority shall:
A. Determine conformance of applications for building permits with regulations of this
title.
B. Issue all zoning certificates, following approval as required in this title, and make and
maintain records thereof.
C. Issue building permits.
D. Issue all certificates of occupancy, and make and maintain records thereof.
E. Issue permits for temporary parking and use of trailers.
F. Authorize, in writing, changes in residence districts signs that are more than six (6)
square feet in area.
G. Conduct inspections of uses of land and structures in accordance with due process
of law to determine compliance with the terms of this title.
H. Maintain permanent and current records of the administration and enforcement of
this title, including, but not limited to, applications, processing and decisions for all
amendments, variations and appeals, and chart and designate each: 1) district line
amendment; and 2) special use on the zoning district map.
I. Provide and maintain a public information bureau relative to all matters pertaining to
this title.
J. Receive, file and forward to the zoning board of appeals Planning and Zoning
Commission all applications for variations, appeals of other matters on which the village
board is required to act under this title.
K. Forward to the village clerk all applications initially filed with the director of
community development Director of Development Services for amendments, and other
matters necessary under this title upon which the village board of trustees is required to
act.
L. Provide such clerical and technical assistance as may be required by the zoning board
of appeals Planning and Zoning Commission in the exercise of its duties. (Ord. G-60, 3-221966)

13-14-2: ZONING CERTIFICATES:
A. Zoning Certificates Required:
1. Except as hereinafter provided, no permit pertaining to the use of land or permit
required by building codes shall be issued by any officer, department or employee of the
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village, unless the applications for such permits have been examined by the director of
community dDevelopment Services department and he has affixed thereon certifications
indicating that the applications comply with the provisions of this title.
2. An application for a zoning certificate for a structure and the use thereof or a land
use which requires compliance with performance standards set forth in general
regulations of the office-research-assembly districts 1 shall have affixed to it the
certification of an architect or a structural engineer registered in the State of Illinois. Such
certification shall state that the structure and the use thereof, or the use of land when no
structure is involved, complies with all provisions of this Title pertaining to such
performance standards. The Director of Community Development Services department
shall, upon receipt of such application, approve and authorize the issuance of a zoning
certificate, provided there is compliance with all other provisions of this Title. Within fifteen
(15) days after the date of such approval, the Director of Community Development
Services department shall examine said application and if, in his their opinion, the
structure and use thereof, or use of land not involving a structure, does not in fact comply
with such performance standards regulations, he shall advise such architect, or structural
engineer, in writing, of his findings, stating the reason or reasons therefor. Failure of the
architect or structural engineer, to submit additional information or make revisions in the
application necessary to comply with performance standards within thirty (30) days of
such notification shall be cause for revocation of the zoning certificate.
B. Certificate Of Occupancy:
1. No structure erected or altered hereafter shall be occupied or used in whole or in
part for any purpose whatsoever until a certificate of occupancy shall have been issued by
the Director of Community Development Services department stating that the structure
complies with all the building and health laws and ordinances and with the provisions of
this Title. No change of use shall be made in any structure or part thereof now or hereafter
erected or altered without a permit having been issued by the Director of Community
Development Services department, and no permit shall be issued to make such change
unless it is in conformity with the provisions of this Title.
2. Nothing in this Section shall prevent the continuance of the present occupancy or
use of any existing structure, except as may be necessary for the safety of life and property.
3. Application of a certificate of occupancy shall be made coincident with the
application for a building permit and such certificate shall be issued within ten (10) days
after the erection or alteration of such structure has been completed. A record of all
certificates shall be kept on file in the office of the Director of Community Development
Services department and copies shall be furnished on request to any person having
proprietary or possessory interest in the structure affected. A fee of ten dollars ($10.00)
shall be charged for each original certificate and one dollar for each copy thereof. (Ord. G60, 3-22-1966; Ord. G-203, 12-14-1976)

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Notes
1

1. See Section 13-10-3 of this Title.

13-14-3: FILING PLANS:
All applications for zoning certificates and building permits shall be accompanied by plans
in triplicate, including landscaping plans where required in ORA and O3 as required by this
Title, drawn to scale, not less than one foot equal to one-tenth of an inch (1/10" = 1'),
showing the actual shape and dimensions of the lot to be built upon, the exact size, area
and location of the lot, of the structures and accessory structures existing, and the lines
within which the structure shall be erected or altered, the existing and intended use of
each structure or part thereof, the number of dwelling units or lodging rooms a residential
structure is designed to accommodate, the design and location of off-street parking
facilities, vehicular drives, and outdoor lighting, and such other information with regard to
the lot and neighboring lots and performance standards as may be necessary to determine
and provide for the enforcement of this Title. Applications involving single-family attached
and semi-detached dwellings and multiple-family dwellings shall also be accompanied by
architectural drawings showing all elevations and indicating building materials to be used
on the exterior of the structure. (Ord. G-60, 3-22-1966)

13-14-4: PLANNING AND ZONING COMMISSION BOARD OF APPEALS JURISDICTION AND
AUTHORITY 1 :
A. The Planning and Zoning Commission Board of Appeals is hereby designated as the
proper commission or committee to publish notices as required by statute and these
zoning regulations pertaining to proposed amendments to this Title and to make a written
report and recommendation to the Board of Trustees on any such proposed amendment.
B. The Planning and Zoning Commission Board of Appeals is hereby invested with the
following authority and jurisdiction:
1. To hear and decide appeals from any order, requirement, decision or determination
made by the Director of Community Development Services or other authorized officials of
the Village having jurisdiction under this Title.
2. To hear applications for variations from the terms provided in this Code in the
manner and subject to the standards set forth in this Chapter.
3. To hold public hearings in matters pertaining to applications for planned
developments, amendments and special uses.
4. To hear all other matters referred to it or upon which it is required to pass under this
Title.

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5. To consider applications for Subdivision as detailed in Title 14 of the Village Code.
5 6. Submit reports to the Board of Trustees setting forth its findings and
recommendations in the manner prescribed in this Chapter. (Ord. G-60, 3-22-1966; Ord.
G-116, 4-14-1970)

Notes
1

1. See Title 2, Chapter 8 of this Code for the Zoning Board of Appeals.

13-14-5: APPEALS:
A. Authority: The Planning and Zoning Commission Board of Appeals shall hear and
decide appeals from an administrative order, requirement, decision or determination
made by the Director of Community Development Services or other authorized official of
the Village having jurisdiction under this Title.
B. Initiation:
1. An appeal to the Planning and Zoning Commission Board of Appeals may be taken by
any person aggrieved or by any officer, department, board or commission of the Village.
The appeal shall be taken within such time as shall be prescribed by the Board by a general
rule by filing with the officer from whom the appeal is taken and with the Board a notice of
appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the Board all the papers constituting the record upon which the
appeal action is taken.
2. An appeal stays all proceedings in furtherance of the action appealed from, unless
the officer from whom the appeal is taken certifies to the Planning and Zoning Commission
Board of Appeals, after the notice of appeal has been filed with him, that by reason of facts
stated in this certificate a stay would, in his opinion cause imminent peril to life or
property. In this event the proceedings shall not be stayed other than by an order of the
Board or a court of record on application of and on notice to the officer from whom the
appeal is taken, and on due cause being shown.
C. Processing:
1. An appeal shall be filed with the Village Clerk. The Village Clerk shall forward the
appeal to the Planning and Zoning Commission Board of Appeals for processing in
accordance with the Illinois Compiled Statutes.
2. The Planning and Zoning Commission Board of Appeals shall fix a reasonable time
for the hearing of the appeal and give due notice thereof to parties and shall decide the
appeal within reasonable time. The Board may reverse or affirm, wholly or partly, or may
modify the order, requirement or decision or determination as in its opinion ought to be
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made on the premises and to that end has all the powers of the official from whom the
appeal is taken.
D. Decisions: All decisions, after hearing of the Planning and Zoning Commission Board
of Appeals on appeals from an administrative order, requirement, decision or
determination of the Director of Community Development Services or other authorized
official of the Village, shall, in all instances, be final administrative determinations and
shall be subject to judicial review only in accordance with applicable statutes of the State.
(Ord. G-60, 3-22-1966)

Notes
1

2. See Title 2, Chapter 8 of this Code for the Zoning Board of Appeals.

13-14-6: VARIATIONS:
A. Authority: The Board of Trustees shall decide all applications for variations of the
provisions of this Title after a public hearing held before the Planning and Zoning
Commission Board of Appeals on such notice as shall be required by the Illinois Compiled
Statutes. The Zoning Board of Appeals shall hold public hearings upon all applications for
variations and shall report its recommendations to the Board of Trustees as to whether a
requested variation would be in harmony with its general purpose and intent, and shall
recommend a variation only where it shall have made findings of fact specifying the reason
or reasons for recommending the variations. Such findings shall be based upon the
standards prescribed in subsection D of this Section. No variation shall be granted by the
Board of Trustees without such findings of fact. In the case of a variation where the
Planning and Zoning Commission Board of Appeals fails to recommend the variation, it can
only be adopted by ordinance with the favorable vote of two-thirds (2/3) of the Trustees.
B. Initiation: An application for a variation shall be in triplicate and may be made by any
governmental office, department, board, bureau or commission, or by any person having a
freehold interest, a possessory interest entitled to exclusive possession, a contractual
interest which may become a freehold interest, or any exclusive possessory interest
applicable to the land, or land and improvements described in the application for a
variation.
C. Processing: An application for a variation shall be filed with the Village Clerk who shall
forward one copy of such application to the Planning and Zoning Commission Board of
Appeals for processing in accordance with applicable statutes of the State and one copy to
the Board of Trustees.
D. Standards:

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1. The Planning and Zoning Commission Board of Appeals shall not recommend a
variation of the provisions of this Title as authorized in this Section unless it shall have
made findings of fact based upon the evidence presented to it on the following specific
issues that:
a. The property in question cannot yield a reasonable return if permitted to be used
only under the conditions allowed by the regulations governing the district in which it is
located.
b. The plight of the owner is due to unique circumstances.
c. The variation, if granted, will not alter the essential character of the locality.
2. For the purpose of supplementing the above standards, the Planning and Zoning
Commission Board of Appeals, in making the determination whether there are practical
difficulties or particular hardships, shall also take into consideration the extent to which
the following facts, favorable to the applicant, have been established by the evidence that:
a. The particular physical surroundings, shape, or topographical conditions of the
specific property involved would bring a particular hardship upon the owner as
distinguished from a mere inconvenience if the strict letter of the regulation were to be
carried out.
b. The condition upon which the petition for variation is based would not be
applicable generally to the other property within the same zoning classification.
c. The granting of the variation will not be detrimental to the public welfare or
injurious to other property or improvements in the neighborhood in which the property is
located.
d. The proposed variation will not impair an adequate supply of light and air to
adjacent property, or substantially increase the danger of fire, or otherwise endanger the
public safety or substantially diminish or impair property values within the neighborhood.
e. That the purpose of the variation is not based exclusively upon a desire to make
more money out of the property.
f. That the alleged difficulty or hardship has not been created by any person presently
having an interest in the property.
3. The Planning and Zoning Commission Board of Appeals may recommend and the
Board of Trustees may require such conditions and restrictions upon the premises
benefitted by a variation as may be necessary to comply with the standards set forth in this
Section to reduce or minimize the injurious effect of such variation upon other property in
the neighborhood, and to implement the general purpose and intent of this Title.
E. Unauthorized Variations: The variation procedure shall in no case be used to
accomplish a result which could otherwise be achieved by a rezoning of the property

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involved, such as, but not limited to, establishment or expansion of a use not permitted in
a residence district; authorizing the construction of residences in other than residence
districts; nor authorizing other than single-family detached residences in the R1, R2, R3
and R4 Districts.
F. Reapplications: Any person having been denied a variation to the provisions of this
Title respecting a specific parcel of property may not reapply for a like variation on said real
property until the period of one year has elapsed since the denial of the application for
variation by the Village President and Board of Trustees. (Ord. G-60, 3-22-1966; Ord. G137, 9-14-1971)

13-14-7: PLAN COMMISSION JURISDICTION 1 :
The Plan Commission of the Village, which has been duly established with functions as
prescribed by the Illinois Compiled Statutes, shall have the following duties under this
Title:
A. Receive from the Village Clerk copies of applications for proposed amendments and
thereafter may submit its recommendations thereon to the Zoning Board of Appeals and
Board of Trustees.
B. Receive from the Director of Community Development copies of applications for
proposed special uses and thereafter submit its recommendations thereon to the Director
and Board of Trustees.
C. Act on all other matters which are referred to it as required by the provisions of this
Title.
D. Review, from time to time, the provisions of this Title and to make reports of its
recommendations with respect to proposed amendments to the Board of Trustees. (Ord.
G-60, 3-22-1966)

Notes
1

1. See Title 2, Chapter 1 of this Code for the Planning Commission.

13-14-87: AMENDMENTS:
A. Authority: This Title may be amended from time to time by ordinance in accordance
with applicable Illinois statutes. No vote shall be taken upon the adoption of a proposed
amendment by the Village Board of Trustees until after a public hearing before the Planning
and Zoning Commission Board of Appeals and a report of its findings and

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recommendations has been submitted to the Board of Trustees along with the
recommendation of the Plan Commission.
B. Initiation Of Amendment: Amendments may be proposed by the Village Board of
Trustees, Plan Commission or Zoning Board of Appeals Planning and Zoning Commission,
and by any person having a freehold interest, a possessory interest entitled to exclusive
possession, a contractual interest which may become a freehold interest or any exclusive
possessory interest which is specifically enforceable on the land which is described in the
proposal for an amendment.
C. Processing:
1. A proposal for an amendment shall be filed with the Village Clerk and thereafter
entered into the records of the first meeting thereafter of the Board of Trustees.
2. A copy of such proposal shall be forwarded by the Village Clerk to the Zoning Board
of Appeals Planning and Zoning Commission with a request to hold a public hearing and
submit to the Board of Trustees a report of its findings and recommendations. Such public
hearing shall be held upon notice as required by Illinois Compiled Statutes.
3. The Village Clerk shall also transmit a copy of such proposal to the Plan
Commission. The Plan Commission shall submit an opinion report relative to such
proposed amendment to the Zoning Board of Appeals and Board of Trustees.
D. Decisions: The Board of Trustees, upon report of the Plan Commission , if such report
is made, and the report of the Zoning Board of Appeals Planning and Zoning Commission,
and without further public hearing, may vote upon the adoption of any proposed
amendment in accordance with applicable Illinois Compiled Statutes, or may refer it back
to the Boards Planning and Zoning Commission for further consideration.
The following criteria shall be taken in consideration of a request for a zoning amendment:

1. The character of the neighborhood;
2.The extent to which property values are diminished by the particular zoning restrictions;
3. The extent to which the removal of an existing limitation would depreciate the value of
other property in the area;
4. The suitability of the property for the zoned purposes; 5. The existing uses and zoning of
nearby property;
6. The length of time under the existing zoning that the property has remained unimproved,
considered in the context of land development trends in the area;
7. The relative gain to the public as compared to the hardship imposed on the individual
property owner;
8. The extent to which the ordinance promotes the health, safety, morals or general welfare
of the public;
9. The relationship of the proposed use to the Comprehensive Plan of the Village; and

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10. The community need for the use proposed by the property owner.
E. Reapplications: Any person having been denied an amendment to this Title respecting a
specific parcel of property may not reapply for a like amendment on said real property until
the period of one year has elapsed since the denial of the application for amendment by
the President and Board of Trustees. (Ord. G-60, 3-22-1966; Ord. G-137, 9-14-1971)

13-14-98: SPECIAL USES:
A. Purpose: The development and execution of this Title is based upon the division of the
Village into districts, within any one of which the use of land and buildings and the bulk and
location of buildings or structures, as related to the land, are essentially uniform. It is
recognized, however, that there are special uses which, because of their unique character,
cannot be properly permitted in particular districts without consideration, in each case, of
the impact of those uses upon neighboring lands and upon public need for the particular
use or the particular location. Such special uses fall into two (2) categories:
1. Uses operated by public agency or publicly-regulated utilities, or uses traditionally
affected with a public interest.
2. Uses entirely private in character, but of such a nature that the operation may give
rise to unique problems with respect to their impact upon neighboring property or public
facilities such as, but not limited to, single-family attached and semi-detached dwellings,
horizontal condominiums and other residential developments.
B. Authority: Special uses shall be authorized or denied by the village board in
accordance with the statutes of the state applicable to amendments of this title, and the
regulations and conditions set forth in this title for special uses.
No application for a special use shall be acted upon by the village board until after:
1. A written report is prepared and forwarded to the board of appeals and the village
board by the plan commission in a manner prescribed herein for amendments to this title;
and
2. A public hearing has been held by the zoning board of appeals Planning and Zoning
Commission, after due notice by publication as provided by the applicable statutes of the
state for amendments and upon a report of the plan commission to the board of trustees, if
such a report is made.
C. Initiation: An application for a special use may be made by any person, firm or
corporation or by any office, department, board, bureau or commission requesting or
intending to request a zoning certificate.
D. Processing: An application for a special use, in such form and accompanied by such
information as shall be established from time to time by the plan commission Planning and

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Zoning Commission, shall be filed with the village clerk and thereafter processed in the
manner prescribed theretofore for applications and amendments. Special use
applications may be processed simultaneously with requests for amendment of this title.
E. Decisions: The village board, upon report of the zoning board of appeals Planning and
Zoning Commission and the plan commission, and without further hearing, may authorize
or deny an application for a special use in accordance with the Illinois Compiled Statutes
statutes of the state applicable to amendments, or may refer it back to the board of
appeals and the plan commission Planning and Zoning Commission for further
consideration.
No special use shall be authorized by the village board unless the special use:
1. Is of the type described in subsection A1 of this section, is deemed necessary for the
public convenience at that location The proposed use is operated by a public agency, or for
proposed uses traditionally affected with a public interest, and the proposed building or
use is necessary or desirable to provide a service or a facility which is in the interest of the
public convenience;
2. The proposed building or use will be Is so designed, located and proposed to be
operated that the public health, safety and welfare will be protected; and
3. The proposed building or use will Would not cause substantial injury to the value of
other property in the neighborhood in which it is located.
F. Conditions: The plan commission and zoning board of appeals Planning and Zoning
Commission may recommend, and the village board may provide, such conditions and
restrictions upon the construction, location and operation of a special use, including, but
not limited to, provisions for off street parking and loading as may be deemed necessary to
promote the general objectives of this title and to minimize the injury to the value of the
property in the neighborhood. (Ord. G-60, 3-22-1966; Ord. G-66, 12-19-1966)

13-14-109: FEES:
Fees for any relief under this title shall be as otherwise established by separate ordinance.
(Ord. G-60, 3-22-1966; Ord. G-132, 5-25-1971; Ord. G-289, 3-24-1981)

13-14-110: VIOLATION, PENALTY AND ENFORCEMENT:
A. Any person who violates, disobeys, omits, neglects, refuses to comply with or who
resists enforcement of any of the provisions of this title shall, upon conviction, be fined as
provided in the general penalty in section 1-3-1 of this code for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
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B. The director of community development Director of Development Services is hereby
designated and authorized to enforce this title. However, it shall also be the duty of all
officers, citizens and employees of the village, particularly of all members of the police and
fire departments, to assist the director of community development Director of
Development Services by reporting to him/her any new construction, reconstruction,
improper land uses, or upon seeming violations of this title. (Ord. G-60, 3-22-1966; Ord. G233, 5-31-1978; 2000 Code)

13-14-121: PUBLIC HEARING NOTIFICATION REQUIREMENTS:
All applicants filing an application with the village of Oak Brook for a map amendment,
variation or special use as provided for in this title shall provide notice of all public hearings
related to their application in the following manner:
A. All applicants shall provide notice of any public hearing related to their application to
all record owners (as required by the Illinois municipal code) and to the general public in
the manner and in the time frame as provided in division 13 (zoning) of article 11 of the
Illinois municipal code 1 .
B. In addition to the notice required by the Illinois municipal code, a sign shall be placed
on the subject property informing the general public of an upcoming public hearing in
accordance with the following requirements:
1. Such sign shall be posted on the subject property at a location oriented to and
readable from the nearest adjacent street or roadway. However, where a parcel abuts two
(2) or more streets or roadways, one such sign oriented to and readable from each abutting
street or roadway is required.
2. If no public road abuts the property, the sign shall be placed on the property in
question in such a position as may be most readily seen by the public.
3. Public notification signs shall be posted not less than fifteen (15) days prior to the
public hearing and shall not be removed until after the public hearing has been completed
unless otherwise directed to do so by the community development director Development
Services department. The applicant shall remove all signs within forty eight (48) hours after
the closing of the public hearing.
4. The public notification signs shall be weatherproof and measure no smaller than two
feet by three feet (2' x 3') or be no larger than twelve (12) square feet and shall be mounted
at least three feet (3') above the ground.
5. For consistency, said sign shall read as follows:
NOTICE
PUBLIC HEARING FOR THIS PARCEL
WILL BE HELD
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For more information call:
Village of Oak Brook 630-368-5103
6. Any applicant requesting the subdivision of a parcel shall also provide notice by
posting a sign on the subject property in a manner consistent with the requirements for
posting public hearing signs. (Ord. G-764, 11-9-2004; per correspondence dated 2-202009)

Notes
1

1. 65 ILCS 5/11-13-1 et seq.

CHAPTER 15
PLANNED DEVELOPMENTS
SECTION:
13-15-1: Intent And Purpose
13-15-2: General Provisions
13-15-3: Planned Development Standards
13-15-4: Site Development Allowances
13-15-5: Procedures
13-15-6: Application Requirements
13-15-7: Effect Of Approval Or Denial
13-15-8: Amendments And Changes To Approved Planned Development Permits

13-15-1: INTENT AND PURPOSE:
The purpose of the regulations, standards, and criteria contained in this chapter is to
provide an alternate zoning procedure under which land can be developed or redeveloped
with innovation, imagination, and creative architectural design when sufficiently justified
under the provisions of this chapter. The objective of the planned development is to
encourage a higher level of design and amenity than is possible to achieve under standard
zoning regulations. The end result is intended to be a product which fulfills the objectives
of the village of Oak Brook commercial areas revitalization master plan and planning
policies of the village while allowing flexibility from the standard application of the use and
bulk regulations of the zoning regulations. The planned development is intended to permit

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and encourage flexibility and to accomplish the following specific purposes, among
others:
A. To stimulate creative approaches to the commercial, nonsingle-family residential,
and commercial/mixed use development of land.
B. To provide more efficient use of land.
C. To preserve natural features and provide open space areas and recreation areas in
excess of those required under standard zoning regulations.
D. To develop and implement new approaches to the living environment through variety
in type, design and layout of buildings, transportation systems, and public facilities.
E. To unify building and structures through design.
F. To promote long term planning pursuant to the village's commercial areas
revitalization master plan, which will allow harmonious and compatible land uses or
combination of uses with surrounding areas. (Ord. G-890, 7-14-2009)

13-15-2: GENERAL PROVISIONS:
A. Except as provided for in subsection 13-15-5E of this chapter, no new commercial,
office, or mixed use development construction within the planned development overlay
district shall be permitted except as approved as a planned development in accordance
with this chapter; provided, however, that a stand alone project for construction of outdoor
dining facilities or for drive-through facilities will not require a planned development under
this chapter.
B. Each planned development shall be presented and reviewed on its own merits. It shall
not be sufficient justification for approval of a planned development to rely on an already
existing planned development, except to the extent that the existing planned development
and the proposed planned development are part of an approved unified, phased, or master
development plan.
C. The burden of providing evidence and persuasion that any planned development is
necessary and desirable shall in every case rest with the applicant.
D. Buildings and uses or combinations of uses within a planned development shall be
limited solely to those approved as part of the ordinance granting a planned development;
provided, however, that any buildings and uses or combinations of uses in compliance
with a unified, phased, or master development plan approved as part of the ordinance
granting a planned development may be approved by the corporate authorities.
E. To the extent provided in the ordinance approving a proposed planned development,
the proposed planned development need not comply with the density, dimension, area,
bulk, use, and other zoning regulations that, but for the provisions of this chapter, would
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otherwise apply to the property on which the proposed planned development is intended.
Modifications and departures from the standard zoning provisions may be provided in
accordance with the provisions of this chapter and to the extent that they will not be
detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
(Ord. G-890, 7-14-2009; Ord. G-904, 11-10-2009)

13-15-3: PLANNED DEVELOPMENT STANDARDS:
A. Planned Developments Are Not Permitted As Of Right: Planned developments shall
be approved by the village only in direct response to the accrual of tangible public benefits
from the planned development to the village and its residents, along with the neighborhood
and area in which the planned development is proposed. These benefits shall include,
without limitation, exceptional amenities, landscape features, architectural or site design,
or the conservation of special manmade or natural features of the site, all as more
specifically set forth in the standards set forth in subsection B of this section.
B. General Design Standards: No application for a planned development shall be
approved by the corporate authorities unless the proposed planned development satisfies
the standards set forth in this subsection B and subsection C of this section. All of these
standards shall not be regarded as inflexible, but shall be used as a framework by the
village to test the quality of the amenities, benefits to the community, and design and
desirability of the proposal.
1. Commercial Areas Revitalization Master Plan: The planned development shall not be
inconsistent with the planning policies, goals, objectives, and provisions of the village's
commercial areas revitalization master plan. A planned development must also not be
inconsistent with the intent and spirit of the village of Oak Brook comprehensive plan.
2. Public Welfare: The planned development shall be designed, located, and proposed
to be operated and maintained so that it will not impair an adequate supply of light and air
to adjacent property and will not substantially increase the danger of fire or otherwise
endanger the public health, safety and welfare.
3. Impact On Other Property: The planned development shall not be unnecessarily
injurious to the use or enjoyment of other property in the neighborhood for the purposes
permitted pursuant to the applicable zoning district, shall not prevent the normal and
orderly development and improvement of surrounding properties for permitted uses, shall
not be inconsistent with the community character of the neighborhood, shall not alter the
essential character of the neighborhood, and shall not substantially diminish or impair
property values within the neighborhood, or be incompatible with other property in the
immediate vicinity. The uses permitted in a planned development must be of a type and so
located so as to exercise no undue detrimental influence upon surrounding properties. The
planned development must also address compliance with the village's noise, lighting, and
other performance standards.

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4. Impact On Public Facilities And Resources: The planned development shall be
designed so that adequate utilities, road access, drainage, and other necessary facilities
will be provided to serve the development. The planned development shall include such
impact donations as may be reasonably determined by the corporate authorities. The
required impact donations, including, without limitation, obligations under the village's
subdivision regulations, shall be calculated in reasonable proportion to the impact of the
planned development on public facilities and infrastructure to the extent permitted by law.
5. Archaeological, Historical Or Cultural Impact: The planned development shall not
substantially and adversely affect a known archaeological, historical, or cultural resource
located on or off of the parcel proposed for development.
6. Parking And Traffic: The planned development shall have or make adequate
provision to provide ingress and egress to the proposed use in a manner that minimizes
traffic congestion in the public streets, provides appropriate cross access to adjacent
properties and parking areas, and provides adequate access for emergency vehicles.
7. Adequate Buffering: The planned development shall have adequate landscaping,
public open space, and other buffering features to protect uses within the development
and surrounding properties.
8. Signage: Signage on the site of the planned development shall generally be in
conformity with the village's sign regulations (chapter 11 of this title), except as may
otherwise be specifically provided in the ordinance approving a planned development.
9. Ownership/Control Area: The site of the planned development must be under
ownership and/or unified control of the applicant.
10. Need: A clear showing of need for the planned development must be made by
means of an economic feasibility, land utilization and marketing study.
11. Compliance With Subdivision Regulations And Plat Act: All planned developments,
whether or not they are by definition subject to the village's subdivision regulations or the
Illinois plat act, shall comply with all standards, regulations and procedures of the village's
subdivision regulations and the plat act except as is expressly provided otherwise in this
chapter, or as otherwise provided by the corporate authorities pursuant to the ordinance
approving the planned development, or the applicable sections of the village's subdivision
regulations.
12. Covenants And Restrictions To Be Enforceable By Village: All covenants, deed
restrictions, easements, and similar restrictions to be recorded in connection with the
planned development shall provide that they may not be modified, removed, or released
without the express consent of the corporate authorities and that they may be enforced by
the village as well as by future landowners within the proposed development.
13. Security And Site Control: The planned development shall include the plans
necessary to describe, establish, and maintain appropriate property and building security

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and site control measures for the planned development and the property on which the
planned development is located. These plans shall also include measures to prevent
adverse impacts on neighboring properties.
C. Additional Standards: In addition to the standards required in subsection B of this
section, the following standards shall be considered in reviewing all proposed and
amended planned developments, particularly with regard to elements of planned
development proposals that do not satisfy the otherwise applicable provisions of the
underlying zoning and subdivision regulations:
1. Integrated Design: A planned development shall be laid out and developed as a unit
in accordance with an integrated overall design. This design shall provide for safe,
efficient, convenient and harmonious grouping of structures, uses and facilities, and for
appropriate relation of space inside and outside buildings to intended uses and structural
features.
2. Beneficial Common Open Space: Any common open space in the planned
development shall be integrated into the overall design. These open spaces shall have a
direct functional or visual relationship to the main building(s) and shall not be of isolated or
leftover character. The following would not be considered usable common open space:
a. Areas reserved for the exclusive use or benefit of an individual tenant or owner.
b. Dedicated streets, alleys and other public rights of way.
c. Vehicular drives, parking, loading and storage areas.
d. Irregular or unusable narrow strips of land.
3. Functional And Mechanical Features: Exposed storage areas, trash and garbage
retainers, exposed machinery installations, service areas, truck loading areas, utility
buildings and structures, and similar accessory areas and structures shall be accounted
for in the design of the planned development and made as unobtrusive as possible. These
features shall be subject to such setbacks, special planting or other screening methods as
shall reasonably be required to prevent their being incongruous with the existing or
contemplated environment and the surrounding properties.
4. Visual And Acoustical Privacy: The planned development shall provide reasonable
visual, and acoustical privacy. Fences, insulations, walks, barriers and landscaping shall
be used as appropriate for the protection and aesthetic enhancement of property and the
privacy of its occupants, screening of objectionable view or uses, and reduction of noises.
5. Energy Efficient Design: A planned development shall be designed with
consideration given to various methods of site design and building location, architectural
design of individual structures, and landscaping design capable of reducing energy
consumption within the planned development. The applicant will be encouraged, to the
extent feasible, to obtain leadership in energy and environmental design ("LEED")

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certification for the project. A planned development applicant may also undertake the
following:
a. Having at least one member of the applicant's project team be a "LEED accredited
professional" - a person who has received the LEED accredited professional designation
from the United States green building council ("USGBC"), the Green Building Certification
Institute, or another entity authorized by the USGBC to grant that designation.
b. Having its application materials include a "LEED checklist" developed by the U.S.
green building council indicating the credits pursued and total points anticipated for a
project under the most appropriate LEED rating system, in consultation with the dDirector
of community dDevelopment Services.
6. Drives, Parking And Circulation: Principal vehicular access shall be from dedicated
public streets, and access points shall be designed to encourage smooth traffic flow with
controlled turning movements and minimum hazards to vehicular or pedestrian traffic.
With respect to vehicular and pedestrian circulation, including walkways, interior drives
and parking, special attention shall be given to location and number of access points to
the public streets, width of interior drives and access points, general interior circulation,
separation of pedestrian and vehicular traffic, adequate provision for service by emergency
vehicles, and arrangement of parking areas that are safe and convenient, and insofar as
feasible, do not detract from the design of proposed buildings and structures and the
neighboring properties. To the extent practical, planned developments shall provide
connections to and from existing bike and walking paths so as to ensure a continuous
route without gaps or disconnections.
7. Surface Water Drainage: Special attention shall be given to proper site surface
drainage so that removal of surface waters will not adversely affect neighboring properties
or the public storm drainage system. Surface water in all paved areas shall be collected at
intervals so that it will not obstruct the flow of vehicular or pedestrian traffic. (Ord. G-890,
7-14-2009)

13-15-4: SITE DEVELOPMENT ALLOWANCES:
Proposed site development characteristics that are not consistent with the zoning
regulations otherwise applicable to the property on which a planned development or
planned development amendment is proposed, may be approved in accordance with this
chapter as part of the ordinance approving the planned development or planned
development amendment. The applicant shall specifically identify each site development
departure and demonstrate how each departure will be compatible with surrounding
development and is not inconsistent with the planned development standards set forth in
section 13-15-3 of this chapter. Each departure shall be specifically stated and approved
in the ordinance approving the planned development or planned development
amendment. Any approved departures from the otherwise applicable zoning regulations

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shall not be deemed a nonconformity and shall not require a variation. (Ord. G-890, 7-142009)

13-15-5: PROCEDURES:
The following procedures are required to assure the orderly review of every planned
development application in a timely and equitable manner:
A. Preliminary Board Review:
1. A prospective applicant, prior to meeting with village staff for a formal prefiling
review, shall appear before the corporate authorities for a preliminary board review. At a
minimum, the applicant shall provide the following materials to the corporate authorities
for its preliminary review: a) a preliminary concept plan of the development, and b) a brief
narrative describing the overall character, intensity, uses, and nature of the proposed
planned development. Prior to submission to the corporate authorities, the community
development director Director of Development Services will review the materials to
confirm that the materials provide sufficient information to adequately inform the
corporate authorities of the nature and scope of the proposed planned development. If
sufficient information is provided, the applicant shall coordinate with the village manager
to be placed on a corporate authorities agenda and scheduled for the earliest appropriate
corporate authorities meeting.
2. The purpose of the preliminary board review shall be to broadly acquaint the
corporate authorities with the applicant's proposal and to provide the applicant with any
preliminary views or concerns that members of the corporate authorities may have at a
time in the process when positions are still flexible and adjustment is still possible and
prior to the time when the applicant is required to expend the funds necessary to prepare
the complete documentation required for a formal application.
3. At the meeting at which the preliminary board review is conducted, any member of
the corporate authorities may make any comments, suggestions or recommendations
regarding the preliminary development concept plan deemed necessary or appropriate by
that member; provided, however, that no final or binding action shall be taken with respect
to any preliminary application. Any views expressed in the course of the corporate
authorities' review of any preliminary development concept plan shall be deemed to be
only preliminary and advisory and only the individual views of the member expressing
them. Nothing said or done in the course of such review shall be deemed to create, or to
prejudice, any rights of the applicant or to obligate the corporate authorities, or any
member of it, to approve or deny any formal application following full consideration as
required by this chapter.
B. Prefiling Review And Transmittal Of Application:
1. Conference:

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a. Following the preliminary board review, a prospective applicant, prior to submitting
a formal application for a planned development, shall meet for a prefiling review
conference with the village manager, the community development director Director of
Development Services, and any other village official or employee designated by the village
manager. The purpose of the conference is to assist the applicant in understanding the
commercial areas revitalization master plan, the requirements of this chapter, the zoning
regulations, the site development allowances, the standards by which the application will
be evaluated, and the application requirements.
b. After reviewing the planned development process, the applicant may request a
waiver of any application requirement which in the applicant's judgment should not apply
to the proposed planned development. The justification for a waiver must be that the
application requirement should not apply because it does not relate and is not necessary
given the nature and scope of the proposed planned development. All requests for
application waivers shall be made in writing to the community development director
Director of Development Services prior to the submission of the formal application
documents.
c. All requests for waiver shall be reviewed by the community development director
Director of Development Services, who will make a final determination regarding the
waiver within fifteen (15) working days of receipt of the request.
d. If deemed appropriate by the community development director Director of
Development Services, the applicant, prior to submitting a formal application for a planned
development, will schedule a public meeting to discuss the proposed planned
development and the nature and extent of impact, if any, on area residents. If a meeting is
required, the applicant shall send a written notice of the meeting via certified mail to all
taxpayers of record and residents for all property within five hundred feet (500') of the
proposed planned development. The notice shall be mailed not more than thirty (30) nor
less than fifteen (15) days prior to the date of the meeting. A copy of the notice and mailing
list shall be provided to the community development director Director of Development
Services. A written summary of comments made at the meeting shall be maintained and
submitted by the applicant with the application.
2. Filing Of Application: Following the completion of the prefiling review conference,
the applicant shall file an application for a planned development in accordance with this
chapter. The community development director Director of Development Services shall
deliver copies of the application to other appropriate village departments for review and
comment.
3. Deficiencies: The community development director Director of Development
Services shall determine whether the application is complete. If the community
development director Director of Development Services determines that the application is
not complete, then the community development director Director of Development
Services shall notify the applicant in writing of the deficiencies and shall take no further
steps to process the application