oak park rlh zoning ordinance 01-09-02

8/14/2019 Oak Park Rlh Zoning Ordinance 01-09-02

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VILLAGE OF OAK PARK, ILLINOIS

ZONING ORDINANCE

Hearing Draft

Prepared 12.21.01


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Page 1-1 Oak Park Zoning Ordinance

December 21, 2001 Hearing Draft

CONTENTS

Article 1 GENERAL PROVISIONS...................................................................................1-1

1.1 Title ........................................................................................................................1-1

1.2 Intent And Purpose .............................................................................................1-1

1.3 Construction .........................................................................................................1-2

1.4 Definitions .............................................................................................................1-3

1.5 Interpretation ........................................................................................................1-31.5.1 Application Of Provisions ...............................................................................1-31.5.2 Overlapping Or Contradictory Regulations .................................................1-31.5.3 Private Agreements ........................................................................................1-3

1.6 Severability...........................................................................................................1-4

1.7 Repeal Of Conflicting Ordinances ....................................................................1-41.8 Publication And Effective Date ..........................................................................1-4

1.8.1 Publication ........................................................................................................1-41.8.2 Effective Date ...................................................................................................1-5

Article 2 ADMINISTRATION..............................................................................................2-1

2.1 Review And Decision-Making Bodies ..............................................................2-12.1.1 General Provisions ..........................................................................................2-12.1.2 Office of the Zoning Officer ............................................................................2-12.1.3 Plan Commission ............................................................................................2-22.1.4 Zoning Board Of Appeals ...............................................................................2-4

2.1.5 Village Board of Trustees...............................................................................2-62.1.6 Community Design Commission...................................................................2-62.1.7 Historic Preservation Commission................................................................2-7

2.2 Review And Approval Procedures ....................................................................2-72.2.1 Certificates Of Zoning Compliance...............................................................2-72.2.2 Amendments To The Zoning Ordinance .....................................................2-82.2.3 Special Uses ................................................................................................. 2-102.2.4 Variations ....................................................................................................... 2-132.2.5 Public Hearings.............................................................................................2-152.2.6 Appeals ..........................................................................................................2-162.2.7 Planned-Development Procedures ........................................................... 2-17

Article 3 ZONING DISTRICT REGULATIONS...............................................................3-1

3.1 Summary Use Matrix ..........................................................................................3-1

3.2 Table of Dimensional Requirements .............................................................3-12

3.3 District Boundaries And Boundary Lines ......................................................3-14

3.4 Use Districts ...................................................................................................... 3-15


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3.5 Single-Family District Regulations ................................................................. 3-163.5.1 R-1 - Single-Family District .........................................................................3-163.5.2 R-2 - Single-Family District .........................................................................3-183.5.3 R-3 - Single-Family District .........................................................................3-203.5.4 R-4 - Single-Family District .........................................................................3-21

3.6 Multiple-Family District Regulations .............................................................. 3-233.6.1 R-5 - Two-Family District............................................................................. 3-233.6.2 R-6 - Multiple -Family District ...................................................................... 3-253.6.3 R-7 - Multiple -Family District ...................................................................... 3-27

3.7 H - Hospital-District Regulations .................................................................... 3-29

3.8 Commercial District Regulations .................................................................... 3-303.8.1 B-1/B-2 General-Business-District Regulations ................................... 3-303.8.2 B-3 - Central-Business-District Regulations ............................................. 3-323.8.3 B-4 - Downtown-Business-District Regulations ....................................... 3-343.8.4 C - Commercial-District Regulations .........................................................3-35

3.9 Other Districts ...................................................................................................3-373.9.1 Planned Development ................................................................................. 3-373.9.2 Perimeter Overlay District ........................................................................... 3-413.9.3 Transit-Related Retail Overlay District......................................................3-443.9.4 Historic Preservation Districts and Landmarks........................................3-46

Article 4 USE REGULATIONS..........................................................................................4-1

4.1 General Use Regulations ...................................................................................4-1

4.2 Permiitted Utility and Governmental Uses ......................................................4-2

4.3 Specific Use Limitations .....................................................................................4-3

4.4 Unlawful Uses ......................................................................................................4-3

4.5 Special Uses ........................................................................................................4-44.5.1 Purpose.............................................................................................................4-44.5.2 Authorized Special Uses ................................................................................4-4

4.6 Accessory Buildings Or Structures ................................................................ 4-134.6.1 Time Of Construction................................................................................... 4-134.6.2 Location ......................................................................................................... 4-134.6.3 Bulk .................................................................................................................4-144.6.4 Earth Station ................................................................................................. 4-14

4.7 Accessory Uses ................................................................................................ 4-154.8 Outdoor Display of Merchandise as Accessory Use .................................. 4-15

4.8.1 General ..........................................................................................................4-15

4.9 Home Occupations ........................................................................................... 4-164.9.1 General ..........................................................................................................4-164.9.2 Examples Of Home Occupations Permitted ............................................ 4-164.9.3 Prohibited Home Occupations ...................................................................4-174.9.4 Standards For Home Occupations ............................................................4-174.9.5 Penalty ...........................................................................................................4-19

4.10 Permitted Building And Structures In Yards................................................. 4-19


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4.10.1 Appurtenances Permitted In Front Yards ............................................. 4-204.10.2 Appurtenances Permitted In Rear Yards.............................................. 4-214.10.3 Appurtenances Permitted In Side Yards .............................................. 4-22

Article 5 NON-CONFORMING USES, LOTS AND STRUCTURES...........................5-1

5.1 Statement Of Purpose........................................................................................5-15.2 Organization Of This Article ...............................................................................5-1

5.3 Non-conforming Structures ................................................................................5-15.3.1 Authority To Continue Non-Conforming Buildings, Structures And Uses 5-15.3.2 Non-Conforming Buildings And Structures And the Use Thereof ...........5-25.3.3 Repairs And Alterations ..................................................................................5-25.3.4 Additions And Enlargements .........................................................................5-25.3.5 Moving ...............................................................................................................5-35.3.6 Restoration Of A Damaged Non-Conforming Building Or Structure.......5-35.3.7 Discontinuance Of A Non-Conforming Use Of Non-Conforming BuildingOr Structure ..................................................................................................................5-35.3.8 Expansion Of A Non-Conforming Use In A Non-Conforming Building orStructure .......................................................................................................................5-35.3.9 Change Of Non-Conforming Use In A Non-Conforming Building orStructure .......................................................................................................................5-45.3.10 Condemnation Of A Non-Conforming Building Or Structure................5-4

5.4 Non-Conforming Use In A Conforming Building or Structure.......................5-45.4.1 Expansion Of Non-Conforming Use In A Conforming Building orStructure .......................................................................................................................5-55.4.2 Discontinuance Of Non-Conforming Use In A Conforming Building or

Structure .......................................................................................................................5-55.4.3 Change Of Non-Conforming Use In A Conforming Building or Structure 5-5

5.5 Non-Conforming Use Of Land...........................................................................5-55.5.1 Expansion Of Non-Conforming Use Of Land..............................................5-55.5.2 Discontinuance Of Non-Conforming Use Of Land .....................................5-55.5.3 Change Of Non-Conforming Use Of Land ..................................................5-6

Article 6 GENERAL DEVELOPMENT STANDARDS....................................................6-1

6.1 Number Of Residential Buildings On A Zoning Lot........................................6-1

6.2 Off-Street Parking And Loading ........................................................................6-16.2.1 Standards For Off-Street Parking Spaces...................................................6-16.2.2 Off-Street Parking Spaces Required Or Permitted As An Accessory Use 6-36.2.3 Parking Credits .............................................................................................6-106.2.4 Alternative Access and Parking Plans ......................................................6-116.2.5 In-Lieu Parking Contribution ....................................................................... 6-126.2.6 Standards For Off-Street Loading Berths ................................................. 6-126.2.7 Off-Street Loading Berths: When Required ............................................. 6-136.2.8 Number Of Required Off-Street Loading Berths .....................................6-13

6.3 Off-Street Parking Lots As Special Uses......................................................6-13


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6.4 Landscaping and Buffering ............................................................................. 6-156.4.1 General ..........................................................................................................6-156.4.2 Site Landscaping .......................................................................................... 6-166.4.3 Parking-Lot Perimeter Landscaping (Need guidance from Village Board) 6-16

6.4.4 Parking-Lot Interior Landscaping ............................................................... 6-196.4.5 Landscape Materials, Quality, and Maintenance .................................... 6-21

6.5 Tree Conservation............................................................................................ 6-226.5.1 Intent ............................................................................................................... 6-226.5.2 Applicability ...................................................................................................6-236.5.3 Protecting Trees on Public Property .........................................................6-236.5.4 Preservation of Significant Trees............................................................... 6-236.5.5 Tree Survey or Plan Requirement ............................................................. 6-236.5.6 Tree Replacement or Mitigation................................................................. 6-236.5.7 Landscape Credit ......................................................................................... 6-246.5.8 Construction Protection ...............................................................................6-24

6.6 Refuse-Collection or Recycling-Area Screening ......................................... 6-256.6.1 Applicability ...................................................................................................6-256.6.2 Design............................................................................................................ 6-256.6.3 Screening Specifications ............................................................................. 6-25

6.7 Mechanical Equipment Screening ................................................................. 6-256.7.1 Applicability ...................................................................................................6-256.7.2 Screening Standards ................................................................................... 6-26

6.8 Alternative Compliance ................................................................................... 6-27

6.9 Administrative Waiver ......................................................................................6-27

6.10 Non-residential Building Standards ...............................................................6-276.10.1 General ...................................................................................................... 6-276.10.2 Building Facades......................................................................................6-286.10.3 Building/Street Relationship ...................................................................6-29

6.11 Residential Protection Standards .................................................................. 6-30

Article 7 MEASUREMENTS..............................................................................................7-1

7.1 Table of Dimensional Requirements ................................................................7-1

7.2 Measurements and Exceptions .........................................................................7-37.2.1 Measurement of Yards ...................................................................................7-3

7.2.2 Determination Of Front Lot Lines For Corner Lots ....................................7-37.2.3 Measurement of Building Height...................................................................7-4

Article 8 ENFORCEMENT AND PENALTIES ................................................................8-1

8.1 Violation And Penalty..........................................................................................8-1

Article 9 DEFINITIONS.......................................................................................................9-1


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Page 1-1 Oak Park Zoning OrdinanceDecember 21, 2001 Hearing Draft

ARTICLE 1 GENERAL PROVISIONS

1.1 TITLE

This Zoning Ordinance, including the Zoning Map attached hereto and madea part hereof, shall be known and may be cited and referred to as "The OakPark Zoning Ordinance (hereinafter referred to as the "Zoning Ordinance").

1.2 INTENT AND PURPOSE

Pursuant to the authority contained in Article VII of the Illinois Constitution of1970 as amended and in the Illinois Compiled Statutes, this ZoningOrdinance is adopted for the following purposes:

A. To promote the public health, safety, morals, comfort andgeneral welfare of the citizens of the Village;

B. To conserve the values of property throughout the Village and toprotect the character and stability of the residential, businessand industrial areas;

C. To promote orderly and beneficial development that supportsthe goals and objectives of the Comprehensive Plan for thedevelopment of the Village;

D. To provide adequate light, pure air, privacy and convenience ofaccess to property;

E. To lessen or avoid congestion in the public streets andhighways in the Village;

F. To classify, regulate and restrict the location and use ofbuildings, structures, and land for trade, industrial, residentialand other uses, and to regulate and restrict the intensity of suchuses;

G. To divide the Village into districts of such number, shape, areaand of such different classes, according to the use of land andbuildings, the height and bulk of buildings, the intensity of uses

and the area of open space, as may be deemed best suited tocarry out the purposes of the Zoning Ordinance;

H. To prohibit locations and uses of buildings or structures anduses of land that are incompatible with the type of developmentplanned for specified districts in the Village;


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Article 1 - GENERAL PROVISIONS

1.3 - Construction


I. To prevent additions to and alterations or remodeling of existingbuildings or structures in such a way as to avoid the restrictions

and limitations lawfully imposed hereunder;

J. To protect against fire, explosion, noxious fumes and otherdangers;

K. To fix reasonable standards to which buildings and structuresshall conform;

L. To provide for the gradual elimination of non-conforming uses inthe districts in which they are located;

M. To define and limit the powers and duties of administrative

officers and bodies as provided herein; and

N. To prescribe penalties for the violation of and methods for theenforcement of the provisions of this Zoning Ordinance or anyamendment thereto.

1.3 CONSTRUCTION

In the construction of this Zoning Ordinance, the provisions and rules of thisentire Zoning Code shall be observed and applied, except when the contextclearly requires otherwise.

A. The particular shall control the general.

B. Words used in the present tense shall include the future tense.

C. Words in the singular number shall include the plural number,and words in the plural number shall include the singularnumber.

D. The phrase "used for" shall include the phrases "arranged for,"designed for", "intended for", "maintained for", and "occupiedfor".

E. The word "shall" shall be mandatory, not advisory.

F. The word "may" shall be permissive.

G. The word "Village" shall mean the Village of Oak Park, Illinois.


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1.4 - Definitions

Oak Park Zoning OrdinanceDecember 21, 2001 Hearing Draft

Page 1-3

H. The phrase "President and Board of Trustees" shall mean thePresident and the Board of Trustees of the Village.

I. Unless otherwise specified, the word "Board" shall mean theZoning Board of Appeals .

J. Unless otherwise specified, all distances shall be measuredhorizontally.

K. In the case of any difference of meaning or implication betweenthe text and any caption in this Zoning Ordinance, the text shallcontrol.

1.4 DEFINITIONS

Unless the context clearly indicates the contrary, any word or phrase that isdefined in Article 9 (Definitions) or elsewhere in this Zoning Ordinance shallhave the meaning as so defined wherever the word or phrase is used in thisZoning Ordinance.

1.5 INTERPRETATION

1.5.1 Application Of Provisions

In their interpretation and application, the provisions of this Zoning

Ordinance shall be deemed to be the minimum regulations to promoteand protect the public health, safety, convenience, prosperity, moralsand general welfare.

1.5.2 Overlapping Or Contradictory Regulations

Where the regulations imposed by any provisions of this ZoningOrdinance upon the use of buildings, structures or land are either morerestrictive or less restrictive than comparable regulations imposed byany other provisions of this Zoning Ordinance or of any other law,ordinance, resolution, rule or regulation of any-kind, that provisionwhich is more restrictive or imposes a higher standard or requirementshall govern.

1.5.3 Private Agreements

This Zoning Ordinance shall not abrogate, annul or otherwise interferewith any easement, covenant or other private agreement or legalrelationship; however, where the regulations of this Zoning Ordinanceare more restrictive or impose a higher standard or requirement than


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1.6 - Severability


such easement, covenant or other private agreement or legalrelationship, the regulations of this Zoning Ordinance shall govern.

1.6 SEVERABILITY

It is hereby declared to be the intention of the President and Board ofTrustees that the several provisions of this Zoning Ordinance are separate, inaccordance with the following:

A. If any court of competent jurisdiction shall adjudge any provisionof this Zoning Ordinance to be invalid, such adjudication shallnot affect any other provision of this Zoning Ordinance notspecifically included in said adjudication.

B. If any court of competent jurisdiction shall adjudge invalid theapplication of any provision of this Zoning Ordinance to aparticular parcel of land or a particular building or structure, saidadjudication shall not affect the application of said provision toany other parcel of land or building or structure not specificallyincluded in said adjudication.

1.7 REPEAL OF CONFLICTING ORDINANCES

All ordinances or parts of ordinances in conflict with this Zoning Ordinanceare, to the extent of such conflict, hereby repealed and shall have no future

application. Notwithstanding the foregoing, any violation of such repealedordinances or parts of ordinances that occurred prior to the effective date ofthis Zoning Ordinance may be prosecuted in the manner permitted by law.Notwithstanding the foregoing, this Zoning Ordinance shall not affect special-use permits, including Planned Developments, in effect at the time of theadoption of this Ordinance; all properties currently subject to a special-usepermit shall continue to be governed by the terms and conditions of theapplicable permit.

1.8 PUBLICATION AND EFFECTIVE DATE

1.8.1 Publication

By authority of the President and Board of Trustees, this ZoningOrdinance shall be published in pamphlet form and copies thereof shallbe available at the office of the Village Clerk.


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1.8 - Publication And Effective Date


Page 1-5

1.8.2 Effective Date

This Zoning Ordinance shall be in full force and effect from and afterthe date of its passage, approval and publication in the mannerprovided by law.


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ARTICLE 2 ADMINISTRATION

2.1 REVIEW AND DECISION-MAKING BODIES

2.1.1 General Provisions

The administration of this Zoning Ordinance involves a number offunctions and is distributed among various decision-making bodies.The administration of this Zoning Ordinance is hereby vested in thefollowing offices of the Village:

A. The Director of Building and Property Standards or his or herdesignee (as set forth in Sections 2.1.4E, 2.2.2B, et al.);

B. The Zoning Officer (as set forth in Sections 2.1.2, 2.2.1, 2.2.2,2.2.6, et al.);

C. The Director of Planning (as set forth in Sections 2.1.3D, 2.2.2B,2.2.7, et al.);

D. The Plan Commission (as set forth in Sections 2.1.3, et al.);

E. The Zoning Board of Appeals (as set forth in Sections 2.1.4, etal.) ;

F. The Village President and Board of Trustees (as set forth inSections 2.1.5, et al.);

G. The Village Engineer (as set forth in Sections 6.2.1E, 6.2.2B.3,6.2.3, 6.2.4, et al.); and

H. Other entities as specifically designated within this Ordinance.

2.1.2 Office of the Zoning Officer

A. Duties of the Zoning Officer

The Zoning Officer shall enforce this Zoning Ordinance,including the following:

1. Receive and process applications for Certificates ofZoning Compliance for buildings, structures or additionsthereto for which building permits are required.

2. Receive and process applications for Certificates ofZoning Compliance made apart from an application for abuilding permit.


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Article 2 - ADMINISTRATION

2.1 - Review AND DECISION-MAKING BODIES


3. Conduct inspections of buildings, structures, and uses ofland to determine compliance with this Zoning Ordinance,

and, in the case of any violation, to notify in writing theperson or persons responsible, specifying the nature ofthe violation and ordering corrective action. No personshall refuse to grant the Zoning Officer access, atreasonable hours pursuant to notice, for the purpose ofinspecting any building or structure.

4. Receive written complaints from any person alleging withparticularity a violation of this Zoning Ordinance. TheZoning Officer shall record such complaint, investigate itand take such action as is necessary.

5. Maintain the Official Zoning Map in current status.

6. Maintain permanent and current records required by thisZoning Ordinance, including but not limited to Certificatesof Zoning Compliance, inspections, and all official actionson appeals, variations, amendments and special uses.

7. Approve plans and submittals as specified in this ZoningOrdinance.

8. Interpret the provisions of this Zoning Ordinance.

9. Provide advice and assistance to the Village Board, theZoning Board of Appeals and the Plan Commission asset forth in this Zoning Ordinance.

10. Prepare and submit an annual report to the Director ofBuilding and Property Standards and the VillageManager on the administration of this Zoning Ordinance,setting forth such statistical data and information as maybe of interest and value in advancing and furthering thepurpose of this Zoning Ordinance.

2.1.3 Plan Commission

A. Creation and Membership

A Plan Commission is hereby authorized to be established. TheCommission, consisting of a Chairperson and eight members,shall be appointed by the President with the consent of theTrustees on the basis of each person's qualifications for saidduty. The Chairperson and members of said Plan Commission


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Page 2-3

shall serve until the expiration of their current terms, or until theirrespective successors have been duly qualified and appointed,

and each respective successor so appointed shall serve for aterm of three years or until his or her successor has been dulyqualified and appointed. Vacancies on the Commission shall befilled by appointment for the unexpired term of the memberwhose place has become vacant, in the manner herein providedfor the appointment of such member. The members of thecommission shall serve without compensation. The members ofthe Commission shall elect an Acting Chairperson from amongits members to act whenever the Chairperson is absent.

B. Jurisdiction

In addition to the powers and duties of the Plan Commissionprovided for in The Code of the Village of Oak Park, the PlanCommission shall have the jurisdiction and authority to conducta public hearing and recommend action to the President andBoard of Trustees, if so requested by the President and Boardof Trustees, on:

1. Applications for special uses including planneddevelopment; and

2. Amendments to the text or map of this Zoning Ordinancereferred to it by the President and Board of Trustees.

C. Meetings and Rules

All meetings of the Plan Commission shall be held as regularlyscheduled or at the call of the Chairperson. Every rule,regulation and recommendation of the Commission shall be filedwith the Secretary of the Plan Commission and shall be a publicrecord. The Commission may adopt its own rules of procedurenot in conflict with this Zoning Ordinance or applicable Illinoisstatutes, and may select or appoint such officers of thecommittee, as it deems necessary.

D. Plan Commission StaffThe Director of Planning shall serve as Secretary to the PlanCommission and shall:

1. Cause a record to be made of the Commission'sproceedings and actions showing the vote of eachmember upon each question.


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2. Act as custodian of the records of the Commission.

3. Furnish to and receive from the public such applicationsfor special uses and amendments as are approved by theCommission.

4. Perform such duties as may be assigned from time totime by the Commission.

2.1.4 Zoning Board Of Appeals

A. Creation And Membership

The Zoning Board of Appeals is hereby authorized to beestablished. The Board, consisting of a Chairperson and six

members, shall be appointed by the President of the Village withthe consent of the Board of Trustees. The Board shall elect fromits members an Acting Chairperson to act whenever theChairperson is absent. The Chairperson and members of saidZoning Board of Appeals shall serve until the expiration of theircurrent terms, or until their respective successors have beenduly qualified and appointed, and each respective successor soappointed shall serve for a term of five years, or until theirsuccessor has been duly qualified and appointed. Vacanciesupon the Board shall be filled for the unexpired term of themember whose place has become vacant, in the manner herein

provided for the appointment of such member. The members ofthe Board shall serve without compensation.

B. Jurisdiction

The Zoning Board of Appeals is hereby vested with the followingjurisdiction and authority and it shall be its duty:

1. To hear and decide appeals in which it is alleged thatthere is error in any order, requirement, decision,interpretation or determination (hereinafter referred tocollectively as "decision") made by the Zoning Officer in

the manner set forth in Section 2.2.6.

2. To hear and decide applications for variations from theregulations and restrictions imposed by this ZoningOrdinance, in the manner and subject to the standardsset forth in Section 2.2.4.


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Page 2-5

3. To hear and make recommendations to the Presidentand Board of Trustees on such matters as may be

referred to it by the President and Board of Trustees,including applications for amendments to the text or mapof this Zoning Ordinance and for special uses subject tothe provisions of this Zoning Ordinance.

4. To hear and decide all other matters upon which it isauthorized or required to preside under this ZoningOrdinance or applicable Illinois statutes.

C. Meetings and Rules

All meetings of the Zoning Board of Appeals shall be held at thecall of the Chairperson and at such times as the Village Boardmay determine. Every rule or regulation, every amendment orrepeal thereof, and every decision of the Village Board shall befiled with the Secretary of the Zoning Board of Appeals and shallbe a public record. The Board shall adopt and publish its ownrules of procedure not in conflict with this Zoning Ordinance orapplicable Illinois statutes, and may select or appointcommittees, as it deems necessary.

D. Finality Of Decisions Of The Zoning Board Of Appeals

All decisions of the Zoning Board of Appeals, on appeal or uponapplication for a variation shall, in all instances, be finaladministrative determinations and shall be subject to review bya court in the manner provided by applicable Illinois statutes.

E. Appointment And Duties Of The Secretary Of The ZoningBoard Of Appeals

The Director of Building and Property Standards shall appointas Secretary of the Board an employee of the Village, withexperience in zoning matters and record keeping who shallserve as secretary until a successor is appointed. The Secretaryshall:

1. Cause a record to be made of the Board's proceedingsand actions, showing the vote of each member uponeach question.

2. Act as custodian of the records of the Board.

3. Receive forms for appeals and applications for variationfrom the public. Furnish to the public documentation of


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appeals and applications for variations that are approvedby the Board.

4. Perform such duties as may be assigned from time totime by the Board.

2.1.5 Village Board of Trustees

With regard to this Zoning Ordinance, the primary responsibilities ofthe Village Board of Trustees include, but are not limited to, thefollowing:

A. Review and approve rezoning, special-use, and planned-development applications. (Sections 2.2.2, 2.2.3, and 2.2.7);

B. Establish application fees for development applications;

C. Hear appeals regarding planned-development applications,pursuant to Section 2.2.7E.9;

D. Review and approve amendments to the Official Zoning Mapand Zoning Ordinance, pursuant to Sections 2.2.7E.2 and 2.2.2;

E. Authorize reductions in the number of required off-street parkingspaces, pursuant to Section 6.2.4D;

F. Authorize alternatives to full compliance with landscaping andscreening standards; and

G. Authorize the vacation of any alley or public right-of-way.

2.1.6 Community Design Commission

The primary responsibility of the Community Design Commission shallbe to administer the Village of Oak Park Sign Ordinance. Its functionsshall include, but not necessarily be limited to, those outlined inChapter 7, Article 7, Section 7.2.1 of the Village Code. In addition, the

Commission may be called upon to testify or provide writtenrecommendations in proceedings involving requests for a rezoning,variation, or special-use permit, or to provide advice in the applicationof Article 6 (General Development Standards) of this Ordinance.


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2.2 - Review And Approval Procedures


Page 2-7

2.1.7 Historic Preservation Commission

The primary responsibility of the Historic Preservation Commissionshall be to administer the Village of Oak Parks Architectural ReviewGuidelines. In addition, the Commission may be called upon to testifyor to provide written recommendations in proceedings involvingrequests for a rezoning, variation, or special-use permit, or to provideadvice in the application of Article 6 (General Development Standards)of this Ordinance.

2.2 REVIEW AND APPROVAL PROCEDURES

2.2.1 Certificates Of Zoning Compliance

A. No building permit pertaining to the construction or structuralalteration of buildings and structures, changes in use or exteriorrenovations that are governed by this Zoning Ordinance shall beissued by an employee of the Village unless the application forsuch permit has been examined by the Zoning Officer or his orher designee, and said examiner has affixed to it or stampedthereon a certificate that the proposed building or structurecomplies with all the provisions of this Zoning Ordinance. If theZoning Officer or the designated examiner of zoning complianceshall refuse said certificate, the Zoning Officer or designatedexaminer shall advise the applicant, in writing, of the reasons for

the refusal. Any building permit or Certificate of ZoningCompliance issued in conflict with the provisions of this ZoningOrdinance shall be null and void.

B. Every application for a building permit shall be deemed to be anapplication for a Certificate of Zoning Compliance and shallhave affixed to it the Certification of a registered architect orregistered structural or professional engineer licensed by theState of Illinois, or a Certification of the owner-designer, that theproposed construction or structural alteration and the proposeduse of the building or structure comply with all the provisions of

this Zoning Ordinance. The Zoning Officer or designee shalldirectly receive and process any application for a Certificate ofZoning Compliance made apart from the application for buildingpermit or when such certificate is otherwise requested.

C. Every application for a building permit shall be accompanied bya plat stating the number of dwelling units, if applicable, andshowing the design, layout and location of the building or


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structure on the lot and of all off-street parking spaces. Inaddition to the information required by the effective ordinances

of the Village, the application shall be accompanied by suchother information as may be required by the Zoning Officer forthe proper enforcement of this Zoning Ordinance.

2.2.2 Amendments To The Zoning Ordinance

A. Authorization

The regulations imposed and the districts created by this ZoningOrdinance may be amended by ordinance from time to time inthe manner provided by the Zoning Ordinance and applicableIllinois statutes.

B. Initiation Of Amendment

Amendments may be proposed in writing by the President andBoard of Trustees, the Plan Commission, the Zoning Board of

Appeals, the Director of Building and Property Standards, theZoning Officer, the Director of Planning, the Director of theCommunity Services Department or any person having aproprietary interest in property in the Village.

C. Application For Amendment

An application for an amendment shall be filed with the ZoningOfficer who shall forward a copy to the President and Board of

Trustees without delay. The application shall be filed in suchnumber of copies, in such form, and containing such informationas may be prescribed from time to time, but shall, in allinstances, contain the following:

1. The name and address of both the applicant and theowner of the property in question;

2. The precise wording of any proposed amendment to thetext of this Zoning Ordinance; and

3. In the event the proposed amendment would change thezoning classification of any property:

a. The legal description and the street address ofthe property in question;

b. The name and address of all persons having aproprietary interest in the property in question; and


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Page 2-9

c. A map, drawn to scale, clearly showing thepresent use and zoning of the property in question

and surrounding property.

D. Factors To Be Considered In Requests For Rezoning

Where the purpose and effect of the proposed amendment is tochange the zoning classification of a particular property, thehearing body shall consider the following factors:

1. The character of the neighborhood;

2. The extent to which property values are diminished bythe particular zoning restrictions;

3. The extent to which the removal of the existing limitationwould depreciate the value of other property in the area;

4. The suitability of the property for the zoned purposes;

5. The length of time, under the existing zoning, that theproperty has remained unimproved, considered in thecontext of land development in the area;

6. The existing uses and zoning of nearby property;

7. The relative gain to the public as compared to thehardship imposed on any individual property owner;

8. The extent to which the ordinance promotes the health,safety, morals or general welfare of the public; and

9. Where applicable, the goals, objectives and policiespresented in the Comprehensive Plan.

E. Hearing

The President and Board of Trustees shall refer said applicationto any appointed or elected commission or committee, including

but not limited to the Zoning Board of Appeals and the PlanCommission, for the purpose of holding a public hearingpursuant to Section 2.2.5. Either before or after the hearing, thecommission or committee may, at its discretion, request theDirector of Planning to furnish a written recommendationregarding any proposed amendment. If said request is madebefore the hearing, the Director of Planning shall deliver itsrecommendation at or before the hearing. If said request is


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made at or after the hearing, the Director of Planning shall,within a reasonable time, deliver copies of his or her

recommendation to the hearing commission or committee, theapplicant and any other interested parties requesting same. Thecommission or committee may also request recommendationsand testimony from Village commissions, committees andorganizations including, but not limited to, the Oak Park HistoricPreservation Commission and the Community DesignCommission. Following such hearing, the commission orcommittee shall transmit to the President and Board of Trusteesa written report giving its findings and recommendations foraction to be taken by the President and Board of Trustees.

F. Action By Board Of TrusteesAfter receiving the report of the hearing commission orcommittee, the President and Board of Trustees shall review thereport and may pass the proposed amendment with or withoutchange, or may reject it, or may refer it back to the hearingcommission or committee for further consideration. In case ofwritten protest against any proposed amendment, signed andacknowledged by the owners of 20% of the property proposedto be altered, or by the owners of 20% of the propertyimmediately abutting or across an alley or street from theproperty proposed to be altered, filed with the Village Clerk,

such amendment shall not be passed except upon the favorablevote of 2/3 of the President and Board of Trustees.

2.2.3 Special Uses

A. Authorization

The location, construction, extension or structural alteration ofany special uses set forth in Section 4.5 may be authorized byan ordinance passed by the President and Board of Trusteespermitting the special use in the districts indicated, subject tothe standards applicable to the particular use and suchconditions and allowances as may be imposed pursuant to

Section 2.2.3.E. Prior to such authorization, a public hearingshall be held in the manner prescribed by Section 2.2.5.

B. Application For Special Use

Any person having a proprietary interest in the property inquestion may file an application for a special-use permit (asdistinguished from a planned-development application, Section2.2.7) with the Zoning Officer who shall forward a copy of the


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Page 2-11

same to the President and Board of Trustees without delay. Theapplication shall be in such number of copies, in such form and

containing such information as may be prescribed from time totime, but shall in all instances contain the following:

1. The name and address of the applicant and the owner ofthe property in question;

2. A legal description and street address of the property inquestion;

3. A concise written statement explaining the nature of theproposed use and its compliance with the standards setforth in Section 2.2.3.D; and

4. A site plan, drawn to scale, showing the present andproposed use and zoning of the property in question andsurrounding property.

C. The Hearing

The President and Board of Trustees shall refer the applicationto any appointed or elected commission or committee, includingbut not limited to the Zoning Board of Appeals and the PlanCommission, for the purpose of holding a public hearing thereonpursuant to Section 2.2.5. The hearing commission or

committee may request a written recommendation from thePlanning Division, Oak Park Historic Preservation Commission,Community Design Commission, and any other Villagecommission, committee or organization. The hearing body, itschairperson or its secretary may also require of the applicantwhatever additional information it deems appropriate for conductof its deliberations. Following the hearing, the commission orcommittee shall transmit to the President and Board of Trusteesa written report giving its findings as to compliance of theproposed special use with the applicable standards governingthe particular special use and giving its recommendations for

action to be taken by the President and Board of Trustees.

D. Standards

A special-use permit for the uses listed in Section 4.5.2 of thisZoning Ordinance may be granted and the applicable districtregulations modified only if evidence is presented to establishthat:


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1. The proposed building or use at the particular locationrequested is necessary or desirable to provide a service

or a facility that is in the interest of the publicconvenience and will contribute to the general welfare ofthe neighborhood or community;

2. The proposed building or use will not have a substantialor undue adverse effect upon adjacent property, thecharacter of the neighborhood, traffic conditions, utilityfacilities and other matters affecting the public health,safety and general welfare;

3. The proposed building or use will be designed, arrangedand operated so as to permit the development and use ofneighboring property in accordance with the applicabledistrict regulations;

4. The proposed building or use complies with the morespecific standards and criteria established for theparticular building or use in question by Sections 2.2.7and 4.5 of this Zoning Ordinance;

5. The proposed building or use has been considered inrelation to the goals and objectives of the ComprehensivePlan or the Village of Oak Park; and

6. There shall be reasonable assurance that the proposedbuildings or use will be completed and maintained in atimely manner, if authorized.

E. Conditions And Allowances

The hearing commission or committee may recommend and thePresident and Board of Trustees may impose such conditions orrestrictions upon the location, construction, bulk, design andoperation of a special use, including but not limited to provisionsfor off-street parking spaces and the duration of such permit, as

they shall respectively find necessary or appropriate to securecompliance with the standards set forth in Section 2.2.3D and/orgrant allowances which are compatible with surroundingdevelopment and consistent with the requirement and welfare ofthe Village.


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Page 2-13

F. Action By Board Of Trustees

After receiving the report of the hearing commission or

committee, the President and Board of Trustees shall review thereport and may accept the findings and recommendations inwhole or in part or may reject them in whole or in part, or thePresident and Board of Trustees may refer the matter back tothe hearing commission or committee for further consideration.However, in the event the commission or committeerecommends against the issuance of a special-use permit, thenit may be issued only upon the favorable vote of 2/3 of thePresident and Board of Trustees.

2.2.4 Variations

A. Authorization

The Zoning Board of Appeals may vary the regulations of thisZoning Ordinance relating to the use of land or the use,construction or alteration of buildings or structures and the bulkrequirements of this Zoning Ordinance, provided the Boardmakes a finding of fact, based upon the standards hereinafterprescribed, that the application of the strict letter of theregulations of this Zoning Ordinance will create practicaldifficulties or particular hardship.

B. Application

Any person having a proprietary interest in property, theproposed use of which is affected by this Zoning Ordinance,may file an application for a variation. Such application shall befiled with the Secretary of the Zoning Board of Appeals whoshall notify the chairperson without delay. The application shallbe filed in such a number of copies, in such form and containingsuch information as the Board may require from time to time. Apublic hearing shall be held in the manner prescribed by Section2.2.5, and the Board may, at its discretion, requestrecommendations and testimony from the Planning Division andfrom Village commissions, committees and organizations

including, but not limited to, the Historic PreservationCommission and the Community Design Commission.

C. Standards

The Zoning Board of Appeals shall not vary the regulations ofthis Zoning Ordinance unless it shall make findings of factbased upon the evidence as presented that:


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1. The property in question cannot yield a reasonable returnif permitted to be used only under the conditions allowed

by the regulations in the district in which it is located;

2. The proposed variation will not merely serve as aconvenience to the applicant, but will alleviate somedemonstrable and unusual hardship that would result ifthe strict letter of the regulations were carried out andwhich is not generally applicable to other property withinthe same district;

3. The alleged hardship has not been created by anyperson presently having a proprietary interest in thepremises;

4. The proposed variation will not be materially detrimentalto the public welfare or injurious to other property orimprovements in the neighborhood;

5. The proposed variation will not impair an adequatesupply of light and air to adjacent property, substantiallyincrease congestion in the public streets, increase thedanger of fire, or endanger the public safety;

6. The proposed variation will not alter the essential

character of the neighborhood; and

7. The proposed variation is in harmony with the spirit andintent of this Zoning Ordinance.

The Board may impose such conditions and restrictions uponthe location, construction, bulk, design and use of the propertybenefited by variation as may be necessary or appropriate tocomply with the foregoing standards and/or to protect adjacentproperty and property values.

D. Order and DurationThe concurring vote of four members of the Zoning Board ofAppeals shall be necessary to grant a variation. The order of theBoard shall be by written resolution and contain its findings offact. No order granting a variation shall be valid for a periodlonger than twelve months from the date of such order unlessan application for building permit is filed within such period orthe variation has been exercised or the use granted by the


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Page 2-15

variation has been established. The Board may grant oneadditional extension of time not exceeding twelve months, upon

written application made within the initial twelve-month period,without further notice or hearing; said right to so extend saidtime shall not include the right to grant additional relief byexpanding the scope of the variation.

E. Discontinuance of a Use Granted by a Variation

If any use established under a variation heretofore or hereaftergranted is discontinued for a period of twelve months, it shall bepresumed to be abandoned and, as such, shall not thereafter berenewed. Any subsequent use shall conform to the regulationsof the district in which the property in question is located.

2.2.5 Public Hearings

A. Setting Of Hearing

For public hearings required by this Zoning Ordinance onapplications for a variation, special use or amendment beforethe Zoning Board of Appeals, the Plan Commission or otherappointed hearing commission or committee, the chairperson ofthe body in charge of conducting the hearing shall, within 60days after referral of the matter, set a time and place for thepublic hearing on the request.

B. Notice Of HearingsNotice of public hearings on requests for variations, specialuses or amendments shall be given not more than 30 days norless than 15 days before the hearing by publication in anewspaper of general circulation in the Village of Oak Park.Such notice shall include the time and place of the hearing, ageneral description of the contents of the request to be heard,and the address or location of the property to which the requestapplies. The published notice may be supplemented by suchadditional form of notice as provided by rule of the hearing body.

C. Conduct Of HearingAny person having a proprietary interest in property affected bythe subject matter of the hearing may appear and testify at apublic hearing, either in person or by a duly authorized agent orattorney. All testimony shall be given under oath. TheChairperson or Acting Chairperson shall administer or authorizethe administration of oaths and may compel the attendance of


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witnesses. The hearing body may adopt such rules of procedureas are necessary or desirable to implement this section.

D. Fees

Any appeal, application for variation, special-use permit,renewal of special-use permit, planned development, oramendment shall be accompanied by a fee as set forth in theCode of the Village of Oak Park. There shall be no fee;

however, in the case of appeals or applications filed by theVillage. All fees shall be paid at the time of filing and shall be incash or by check payable to the Village of Oak Park.

2.2.6 Appeals

A. Scope And Commencement Of Appeals

An appeal from a decision of the Zoning Officer made ininterpreting this Zoning Ordinance shall be taken to the ZoningBoard of Appeals by any person, firm or corporation, aggrievedby said decision, or by any officer, department or board of theVillage. Such appeal shall be taken within 45 days after theallegedly erroneous order or decision of the Zoning Officer byfiling with the Secretary of the Zoning Board of Appeals a noticeof appeal, specifying the grounds thereof, and a copy of saidnotice of appeal with the Secretary of the Board. The ZoningOfficer shall, without delay, transmit to the Secretary of theBoard all of the papers constituting the record upon which thedecision being appealed was made. The notice of appeal andthe appeal itself shall be filed in such number of copies, in suchform and containing such information as the Board may requirefrom time to time.

B. Action On Appeals

An appeal shall stay all proceedings in furtherance of thedecision appealed unless the Zoning Officer certifies to theZoning Board of Appeals after the notice of appeal has beenfiled with him or her, that by reasons or facts stated in the

certificate, a stay would, in the opinion of the Zoning Officer,cause imminent peril to life or property. In that case, theproceedings shall not be stayed except by a restraining orderthat may be granted by the Board or by a court of record. TheBoard shall select a reasonable time and place for the publichearing on the appeal, shall give due notice thereof to theparties having a known proprietary interest and shall render awritten decision without unreasonable delay. Upon the


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Page 2-17

concurring vote of four members, the Board may reverse oraffirm, in whole or in part, or may modify the decision from

which the appeal was taken and to that end the Board shallhave all the powers of the Zoning Officer with respect to suchdecision.

2.2.7 Planned-Development Procedures

The following procedures are intended to provide for the orderly reviewof planned-development applications in a timely and equitable manner:

A. Pre-Filing Review and Transmittal of Application:

1. Conference:

a. A prospective applicant, prior to submitting aformal application for a planned development,shall meet for a pre-filing conference with theDirector of Planning, the Director of Public Worksand any other Village staff members designatedby the Village Manager. The purpose of theconference is to help the applicant understand theComprehensive Plan, the Zoning Ordinance, thesite-development allowances, the standards bywhich the application will be evaluated and theapplication requirements.

b. During or after the pre-filing conference, theapplicant may request a meeting with the Villagestaff and the President and Board of Trustees or asubcommittee thereof to discuss a request forwaiver of any application requirement which, in theapplicant's judgment, should not apply to theproposed development.

c. In order to be considered by the Village Board, allrequests for waiver shall be made in writing. Suchrequests will be reviewed and decided within ten

working days of their receipt, where practicable, bythe Village Board or a subcommittee thereof.

2. Filing of Application:

Following the completion of the pre-filing conference anddetermination by the Village Board or subcommitteethereof regarding any request for a waiver of anapplication requirement, the applicant shall file an


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application for a planned development in accordance withSection 2.2.7D. The Director of Planning shall deliver

copies of the completed application to the Village Boardfor the purpose of the Boards referral to a hearingcommission or committee designated by the VillageBoard in accordance with Section 2.2.3C of thisOrdinance and to other appropriate Village departmentsfor review and comment.

3. Deficiencies:

The Director of Planning shall determine whether theapplication is complete. If the Director of Planningdetermines that the application is not complete, he or she

shall notify the applicant in writing of any deficiencies andshall take no further steps to process the application untilthe deficiencies are remedied.

4. Reporton Compliance:

A copy of the complete application and a written reportincorporating the comments of Village staff and otheragencies regarding the compliance of the proposeddevelopment with the requirements and standards of thissection shall be delivered to the Village Board prior to thepublic hearing.

5. Determination Not Binding:Neither the determination of application completion bythe Director of Planning nor any comment made by theDirector of Planning, staff or the Village Board orsubcommittee thereof at a pre-filing conference or as partof the review process shall be construed as a formal orinformal recommendation for the approval of a planned-development permit for the proposed development, orcomponent part thereof, and no such determination orcomment shall be construed as a binding decision of theVillage, the designated hearing commission or committee

or any staff member.

B. Review and Action by the Designated Hearing Commissionor Committee:

1. Upon receiving the report from the Director of Planning,the designated hearing commission or committee shallhold a public hearing on the proposed planneddevelopment. Notice of the public hearing shall be


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Page 2-19

provided and the public hearing shall be conducted inaccordance with the provisions of this section, state law,

and rules of procedure adopted by the designatedhearing commission or committee.

2. Notice of the public hearing shall be published by theVillage not more than thirty nor less than fifteen daysbefore the scheduled hearing in a newspaper publishedin the Village or, if there is none, then a newspaper ofgeneral circulation in the Village and shall contain thefollowing information:

a. The identification number designation of theapplication;

b. The date and time of the public hearing;

c. The location of the public hearing; and

d. The general location of the property, the streetaddress, if applicable, and a short description ofthe proposed development and purpose of thepublic hearing.

3. Notice of the required public hearing shall also be

provided by the Village by posting a sign ofapproximately 48-inches by 48-inches, containing one-inch minimum typeface, on the property no less thanfifteen days prior to the public hearing. The sign shall beweatherproof and contain information as is required inSection 2.2.7B.2.b. Failure to post such sign and or theremoval or knocking down (by the Village or others) ofthe sign after posting but before the hearing shall notinvalidate, impair or otherwise affect any planned-development permit subsequently granted following suchpublic hearing. The sign shall, whenever possible, remain

posted until the hearing is completed.

4. Notice of the required public hearing shall also beprovided by the Village by regular mail to the owners ofrecord of the property which is the subject of theapplication (if different than the applicant), and theowners of all property within five hundred feet of thesubject property as shown on the written list provided by


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the applicant pursuant to the requirements of 65 IllinoisCompiled Statutes 5/11-13-7 of the Illinois Municipal

Code (such notice should be sent to the owners asrecorded in the office of the Recorder of Deeds of CookCounty and as they appear from the authentic taxrecords of Cook County, as shown on the list prepared bythe applicant as required in 65 Illinois Compiled Statutes5/11-13-7 of the Illinois Municipal Code). The applicantshall be required to submit to the Village a search by areputable title company or other evidence satisfactory tothe Village, indicating the identity of all such ownersrequired to receive notice, and an affidavit certifying thatthe applicant has complied with the requirements of 65

Illinois Compiled Statutes 5/11-13-7 of the IllinoisMunicipal Code. Such notice shall contain the informationas is required in Section 2.2.7B.2.b and shall be mailednot more than 30 nor less than 15 days prior to the dateof the public hearing. The notice shall also include thename and address of the applicant for the planneddevelopment. The applicant shall also provide for theservice of a separate notice that the applicant is requiredto serve under 65 Illinois Compiled Statutes 5/11-13-7 ofthe Illinois Municipal Code. The applicant shall berequired to comply with all conditions of Section 5/11-13-

7 of the Illinois Municipal Code.

5. The designated hearing commission or committee shallreview the application, the report of the Director ofPlanning and any testimony and written commentsreceived by the designated hearing commission orcommittee before or at the public hearing. Within thirty-five days following the close of the public hearing, thedesignated hearing commission or committee shall makespecific written findings addressing the standards setforth in Section 3.9.1H and shall transmit such findings,

together with a recommendation of approval, approvalwith conditions, or disapproval, to the Board of Trustees.

C. Review and Action by the Board of Trustees:

1. Within 60 days of receipt of the report andrecommendation of the designated hearing commissionor committee, and without further public hearing, theBoard of Trustees may deny the application, refer theapplication to the designated hearing commission or


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Page 2-21

committee for further review, postpone furtherconsideration pending the submittal of additional

information (including any application requirementspreviously waived by the designated hearing commissionor committee) and/or adopt a zoning ordinance approvingthe planned-development permit subject to conditionsand/or allowances.

2. Any action taken by the Board of Trustees pursuant toSection 2.2.7C.1 shall require the concurrence of amajority of the Village President and Trustees; however,if the planned development fails to receive the approvalof the designated hearing commission or committee, the

ordinance shall not be approved except by a favorablevote of two thirds of the President and Board of Trustees.

3. In approving a planned-development permit, the Board ofTrustees may attach such conditions and/or allowancesto the approval as it deems necessary to have theproposed use or combination of uses meet the standardsset forth in Section 3.9.1H.

D. Application Requirements:

1. An application for a planned development may only befiled by one who has an ownership interest, or by theagents thereof; or by any contract purchaser or anyoneholding an option to purchase the parcel of land on whichthe use or combination of uses is to be located; or by anyunit of government which either owns the parcel or whichis not the owner of the parcel but which proposes toacquire the parcel by purchase, gift or condemnation; orby any developer or development team which hasentered into a redevelopment agreement with the unit oflocal government seeking to acquire the parcel.

2. Applications for a planned development shall be filed with

the Director of Planning, in such form and accompaniedby such information, with sufficient copies, as shall beestablished from time to time by the Village. Everyapplication shall contain, at a minimum, the followinginformation and related data:

a. The names, addresses and phone numbers of theowner of the subject property, the applicant and all


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persons known to have a proprietary interest in thesubject property and proposed development.

b. A statement from the owner, if the owner is not theapplicant, approving the filing of the application bythe particular applicant.

c. A survey, legal description and street address ofthe subject parcel(s).

d. A statement setting forth the reasonsdemonstrating that the proposed developmentmeets the standards set forth in Section 3.9.1H.

e. A scaled site plan showing the contour lines,common space and the location, bulk and lot areacoverage and heights of buildings and structures,parking spaces, loading areas, contiguous landuses, natural topographic features, zoningdistricts, public thoroughfares, transportation, andutilities.

f. Schematic drawings illustrating the design andcharacter of the building elevations, types ofconstruction, specified building materials, and floor

plans of all proposed buildings and structures. Thedrawings shall also include a schedule showingthe number, type and floor area of all uses orcombination of uses, and the floor area of theentire development.

g. A landscaping plan showing the location, size,character and composition of vegetation and othermaterial.

h. The substance of covenants, easements, and

other restrictions existing and any to be imposedon the use of land, including common open space,and buildings or structures.

i. A schedule of development showing theapproximate date for beginning and completion ofeach stage of construction of development.


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Page 2-23

j. A statement acknowledging the responsibility ofthe applicant to record a certified copy of the

zoning ordinance granting the planned-development permit with the Cook CountyRecorder of Deeds and to provide evidence ofsaid recording to the Village within thirty days ofpassage in the event the proposed planneddevelopment is approved by the Village Board.

k. A traffic study showing the proposed trafficcirculation pattern within and in the vicinity of thearea of the development, including the locationand description of public improvements to be

installed, including any streets and accesseasements.

l. An analysis of the economic impact of theproposed development on the Village.

m. Copies of all environmental assessments orimpact studies as required by law.

n. An analysis reporting the anticipated demand onall Village services.

o. A plan showing off-site utility improvementsrequired to service the planned development anda report showing the cost allocations for thoseimprovements.

p. A site drainage plan for the developed tract.

q. A statement of the professional qualifications andrelated development experience of applicantand/or applicant's development team.

r. The applicant may submit a written request forwaiver of any application requirement inaccordance with section 2.2.7.A.1.b.Notwithstanding a decision by the designatedhearing commission or committee orsubcommittee thereof to grant a waiver, suchdecision regarding the request for a waiver of anapplication requirement does not preclude the


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Village Board from requesting that sameinformation or any additional information it deems

applicable for its review of the planned-development application.

s. Every application must be accompanied by a feein such amount as established from time to timeby the Village Board to defray the costs ofproviding notice and contracting with independentprofessionals to review applications as required.Such professional costs may include but are notlimited to engineering, legal fees, traffic analyses,environmental impact studies, land-use design or

other similarly related professional studies.Additional materials may be required during thereview of a proposed planned development ifdetermined necessary by the designated hearingcommission or committee.

E. Effect Of Approval Or Denial:

1. Approval of the planned-development permit by theBoard of Trustees authorizes the applicant to proceedwith any necessary applications for building permits,certificates of occupancy and other permits that theVillage may require for the proposed development. TheDirector of Planning shall review applications for thesepermits for compliance with the terms of the planned-development permit granted by the Board of Trustees.No permit shall be issued for development that does notcomply with the terms of the planned-developmentpermit.

2. The Village Board shall direct the Zoning Officer to revisethe Official Zoning Map to reflect the existence andboundaries of each planned-development permit granted.

3. An approval of a planned-development permit by theBoard of Trustees shall be null and void if the recipientdoes not file an application for a building permit for theproposed development within nine months after the dateof adoption of the zoning ordinance approving thedevelopment permit.


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Page 2-25

4. An approval of a planned-development permit by theBoard of Trustees shall be null and void if construction

has not commenced within 18 months and is notcompleted within 36 months after the date of adoption ofthe zoning ordinance approving the planned-development permit.

5. Notwithstanding Section 2.2.7E.4, an approval of aplanned-development permit with a phasing plan shall benull and void if construction has not commenced or is notcompleted in accordance with the terms of that phasingplan.

6.An extension of the time requirements stated in Sections2.2.7E.3, 2.2.7E.4 and 2.2.7E.5 may be granted by theBoard of Trustees for good cause shown by theapplicant, provided a written request is filed with theVillage at least four weeks prior to the respectivedeadline, whenever practicable.

7. An approval of a planned development shall be null andvoid if the use or combination of uses for which theapproval was granted ceases for a period of one year.

8. No application for a planned development which was

previously denied by the Board of Trustees shall beconsidered by the Plan Commission or the Board ofTrustees if it is resubmitted in substantially the same formand/or content within two years of the date of such priordenial.

9. The Director of Planning shall review the application for aplanned development and determine if the application isor is not substantially the same. An applicant has theright to request a hearing before the Village Board toappeal the determination of the Director of Planning,

provided a petition for appeal is filed in writing, to theDirector of Planning within ten days of the decision.

10. The Board shall affirm or reverse the determination of theDirector of Planning regarding whether the newapplication is in substantially the same form within 30days of receipt of a petition for appeal.


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11. If it is determined that the new application is notsubstantially in the same form, then the applicant is

entitled to submit an application and have it reviewed inaccordance with the provisions of Section 2.2.7.D hereof.

F. Amendments And Alterations To Approved Planned-Development Permits:

1. Except as provided in Section 2.2.7F.2, any modificationsto an approved planned-development permit or anyaddition to or expansion of an existing planned-development permit shall require separate review andapproval under the provisions of this section.

2.A minor change is any change in the site plan or designdetails of an approved planned-development permitwhich is consistent with the standards and conditionsand/or allowances applying to the planned-developmentpermit and which does not alter the concept or intent ofthe planned development. A minor change shall notincrease the project's density, increase the height ofbuildings, reduce open space, modify the proportion ofhousing types, change or add new parking areas, alteralignment of roads, utilities or drainage, amend finalgoverning agreements, provisions or covenants, orprovide any other change inconsistent with any standard,condition or allowance imposed by the Board of Trusteesin approving the planned-development permit. Said minorchange may be approved by the Director of Planningwithout obtaining separate approval by the Board ofTrustees. In addition, the Village Board may, afterreviewing the request for a minor change made by theVillage staff or the applicant, direct the Director ofPlanning to process the minor change administratively. Aminor change that would require an allowance under theZoning Ordinance may only be approved at the directionof the Village Board.


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ARTICLE 3 ZONING DISTRICT REGULATIONS

3.1 SUMMARY USE MATRIX

The following table summarizes which uses shall be allowed in each zoningdistrict. A use is either permitted (P), a special use (S) and therefore subjectto specific standards or additional regulations, or prohibited (blank).


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Note: In the Transit-Oriented Overlay District, many uses are prohibited on the

ground floor in the first 50 feet from the front lot line. See 3.9.3.Page 3-1

SUMMARY USE MATRIX

USES ALLOWED BY ZONE DISTRICT

(P = PERMITTED S = SPECIAL Blank = NOT PERMITTED)SPECIFIC USE TYPE

RESIDENTIAL DISTRICTS NON RESIDENTIAL DISTRICTS ADDITIONAL REGULATIONS

USE CATEGORY

R-1 R-2 R-3 R-4 R-5 R-6 R-7 HB-1/

B-2 B-3 B-4 C

ACCESSORY USES

Accessorybuildings andstructures

P P P P P P P P P P P P See 4.6.

Accessory uses P P P P P P P P P P P PSigns P P P P P P P P P P P P See sign ordinance.

COMMERCIAL USES (See Note below regarding uses in the Transit-Related Retail Overlay District)

Animal Sales &Service

Animal clinicwithout an openkennel

P P S P

Automatic Teller

Machines (ATMs)Exterior P P S S P See 4.3.A and 9.16.

CurrencyExchange

S S

Financial Institution P P P P

Financial Institutiondrive-up facility

S S S S P See 4.5.2D.

Loan Companies S P

Medical and dentalclinics and offices

S P P S P See 4.5.2N.

General

Commercial

Mortuary, funeralhome

S P


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Note: In the Transit-Related Retail Overlay District, many uses are prohibited

on the ground floor in the first 50 feet from the front lot line. See 3.9.3.Page 3-2




USE CATEGORYR-1 R-2 R-3 R-4 R-5 R-6 R-7 H

B-1/

B-2B-3 B-4 C

Office, general P P POfftrack bettingfacility PMedical and dentallaboratories

S S S S S See 4.5.2N.

LaboratoriesResearch or testinglaboratories forbiological,chemical, physical,or social services

P

Lodging Hotels and motels S S S S

Antique & ArtGalleries

P P P P

Beauty SupplyStore

S S S P

Catering service P P S PClub, private P S S P

Day Care Center S S S S S S S S S S S S See 4.5.2H.

Drive-ThroughService Window

P P P P

Permitted only as anaccessory use.Window hours shall belimited to the hours ofoperation of the principaluse or not (between 6 a.m.and 12 midnight, whicheveris more restrictive).

Retail &PersonalServices

Dry cleaning andlaundry receivingstore

P S S P


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Note: In The Transit-Related Retail Overlay District, Many Uses Are Prohibited

On The Ground Floor In The First 50 Feet From The Front Lot Line. See

3.9.3.

Page 3-3





B-1/

B-2B-3 B-4 C

Dry cleaning,laundromat or

launderette

S S

Florist P P P PHome improvementcenter

P S S P

Householdequipment,supplies &appliance repair

P P

Interior decoratingstudio & retailoutlet

P P S P

Medical andorthopedicappliance store

S P S S P See 4.5.2N

Nursery,greenhouse,

garden shop

P P

Personal serviceuses

P P P P

Print shop P P S PRestaurant withdrive-in or drive-through

S S S SSee restrictions on drive-through windows above.

Restaurant withoutdrive-in or drive-through

P P P P

Retail businessshops

P P P P


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Note: In the Transit-Related Retail Overlay District, many uses are prohibited

on the ground floor in the first 50 feet from the front lot line. See 3.9.3.Page 3-4





B-1/

B-2B-3 B-4 C

Second-handstores

P P

Showroom(plumbing, heating,etc.)

P P S P

Studio (artist,photography,recording)

S S S S S S S P S P P

Permitted as a use whenoccupying space abovestreet level. See 4.5.2Z &4.9.2C.

Swimming poolsales and service

P P

Taxidermist PUpholstery shop P S P

Vending machine -inside only

P P P P P

Permitted as an accessoryuse in schools, libraries andother uses, provided that themachines are located onlyinside the primary structure.

Weight-loss &employmentagencies

S S S P

Auto service andfueling station

S PService Station

Car wash, includinghand wash anddetailing

S

INSTITUTIONAL/COMMUNITY SERVICES USES


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Note: In The Transit-Related Retail Overlay District, Many Uses Are Prohibited

On The Ground Floor In The First 50 Feet From The Front Lot Line. See

3.9.3.

Page 3-5





B-1/

B-2B-3 B-4 C

Adult day-carefacility, duly

licensed

S S S S S S S P P P P

Boarding school S S S S S S S S SNursing school P

Post high schooleducational orinstructionalinstitutions orfacilities, public &private

P P P S P

Public library P P P P P P P P P S PPost office>2000 SF

P P P

Schools (highschool &elementary), publicand private

P P P P P P P P P S PNursery and day-carecenters allowed asaccessory uses

Theater, exceptdrive-in theaters P P P P

Utility, major S S S S See 4.5.2SUtility, minor P P P P P P P P P P P P See 4.5.2SVisitor informationcenter

P P P P

PUBLIC/SEMI-PUBLIC USES

8/14/2019 Oak

oak park rlh zoning ordinance 01-09-02

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