The 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 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 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 Planning and Zoning Commission in the exercise of its duties. (Ord. G-60, 3-22-1966; Ord. G-1261, 10-22-2024)

   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 village, unless the applications for such permits have been examined by the Development 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 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 Development Services department shall examine said application and if, in 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 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 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 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. G-60, 3-22-1966; Ord. G-203, 12-14-1976; Ord. G-1261, 10-22-2024)

All applications for zoning certificates and building permits shall be accompanied by plans in triplicate, including landscaping plans 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; Ord. G-1261, 10-22-2024)

   A.   The Planning and Zoning Commission 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 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 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.

      5.   To consider applications for subdivision as detailed in Title 14 of the Village Code.

      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; Ord. G-1261, 10-22-2024)

   A   Authority: The Planning and Zoning Commission shall hear and decide appeals from an administrative order, requirement, decision or determination made by the Director of 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 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, 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 for processing in accordance with the Illinois Compiled Statutes.

      2.   The Planning and Zoning Commission 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 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 on appeals from an administrative order, requirement, decision or determination of the Director of 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; Ord. G-1261, 10-22-2024)

   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 for processing in accordance with applicable statutes of the State and one copy to the Board of Trustees.

   D.   Standards:

      1.   The Planning and Zoning Commission 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 Commissions, 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 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 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. G-137, 9-14-1971; Ord. G-1261, 10-22-2024)

   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 and a report of its findings and recommendations has been submitted to the Board of Trustees.

   B.   Initiation Of Amendment: Amendments may be proposed by the Village Board of Trustees, 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 Planing 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.

   D.   Decisions: The Board of Trustees, upon report of the 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 Planning and Zoning Commission for further consideration.

   The following criteria shall be taken into 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

      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; Ord. G-1261, 10-22-2024)

   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 the village board by the Planning and Zoning Commission in a manner prescribed herein for amendments to this title; and

      2.   A public hearing has been held by the 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 Planning and Zoning 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 Planning and Zoning Commmission, 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 Planning and Zoning Commission, and without further hearing, may authorize or deny an application for a special use in accordance with Illinois Compiled Statutes, or may refer it back to the Planning and Zoning Commission for further consideration.

   No special use shall be authorized by the village board unless:

      1.   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 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 not cause substantial injury to the value of other property in the neighborhood in which it is located.

   F.   Conditions: The 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; Ord. G-1261, 10-22-2024)

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)

   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.

   B.   The 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 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. G-233, 5-31-1978; 2000 Code; Ord. G-1261, 10-22-2024)

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:

   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 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:

      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 2-20-2009; Ord. G-1261, 10-22-2024)