A.   The area around the Graue Mill is a unique area with special cultural significance and character different from similarity zoned properties in the Village and includes historic structures: the Graue Mill, the old St. John Church and the Fred Graue residence, which structures are hereby designated to be historically significant.

   B.   The preservation and development of this area require additional rules and regulations supplementing existing ordinances in order to specifically address the unique character of that area.

   C.   The Historic Graue Mill Gateway Area includes all that property within the boundaries as shown on the map and legal description labelled Exhibit "A", attached to Ordinance G-272 on file in the office of the Village Clerk. Such map and legal description are hereby incorporated herein and made a part hereof by reference.

   D.   A public hearing has been held pursuant to notice to property owners in the area of the Historic Graue Mill Gateway Area on February 2, 1980, before the Zoning Board of Appeals of the Village, pursuant to due and appropriate notice published in the Oak Brook Doings on January 17, 1980.

   E.   The creation of the Historic Graue Mill Gateway Area and rules and regulations regarding the development therein is consistent with the comprehensive plan of the Village of Oak Brook.

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

The Historic Graue Mill Gateway Area is hereby established with the boundaries as set forth in Exhibit "A", attached to Ordinance G-272, made a part of this Chapter by reference, and on file in the office of the Village Clerk. The provisions of this Chapter shall apply to the erection, construction, alteration or repair of any building or structure in the said area and no building permits shall be issued for any such work except as provided herein. (Ord. G-272, 11-11-1980)

The provisions of this Chapter are intended to order and control growth within the area described as the Historic Graue Mill Gateway Area, hereinafter sometimes referred to as "area", and for the additional purposes:

   A.   To promote the public health, safety, morals, comfort and general welfare of the citizens of said area.

   B.   To enhance the values of property throughout the said area.

   C.   To encourage and foster development in the area consistent with the Graue Mill, its site and the historic period it represents.

   D.   To encourage and promote the attractiveness, cohesiveness and compatibility of new buildings, development, remodeling, and additions so as to maintain and improve established standards of property values within the area consistent with its historical character.

   E.   To encourage and promote the preservation of historical structures, buildings and natural resources including the Graue Mill, the old St. John Church and the Fred Graue residence. (Ord. G-272, 11-11-1980)

For purposes of this Chapter the following words and terms shall have the respective meanings:

ARCHITECTURAL CHARACTER: The composite or aggregate of the characteristics of structure, form, materials, and function of a building, group of buildings, or other architectural composition.

ARCHITECTURAL CONCEPT: The basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, which produces the architectural character.

AREA: The Historic Graue Mill Gateway Area.

CERTIFICATE OF APPROPRIATENESS: A statement issued by the President and Board of Trustees of the Village that a gateway development plan meets the intent and purpose of the Historic Graue Mill Gateway Area which permits the applicant to build in accordance with the statement.

EXTERIOR BUILDING COMPONENT: An essential and visible part of the exterior of a building.

GATEWAY DEVELOPMENT PLAN: Those documents, drawings, and plans, including the site plan and landscape plan, as referred to in Sections 13-8-7 and 13-8-8 of this Chapter.

SCREENING: Structure or plantings which conceals from view from public ways the areas behind such structure or plantings.

STREET HARDWARE: Objects other than buildings, structures and plantings located in streets and public ways and outside of buildings. Examples are: lamp posts, utility poles, traffic lights, traffic signs, benches, litter containers, planting containers, letter boxes, fire hydrants.

STREETSCAPE: The scene as may be observed along a public street or way composed of natural and manmade components including buildings, paving, plantings, street hardware, and miscellaneous structures.

VILLAGE: The Village of Oak Brook, Illinois. (Ord. G-272, 11-11-1980)

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

   A.   Required: No building permit or other permit otherwise required under the ordinances of the Village for the erection, construction, exterior alteration or repair of any building or structure in the Historic Graue Mill Gateway Area shall be issued by the Director of Development Services except upon the issuance of a certificate of appropriateness by the President and Board of Trustees. Such certificate of appropriateness may only be issued after a public hearing has been held before the Planning and Zoning Commission of the Village in accordance with the public hearing procedures set forth herein and after the President and Board of Trustees of the Village approve the gateway development plan for the property involved.

   B.   Application And Hearing: Upon the filing of an application for a building permit for which a certificate of appropriateness is or may be required, the applicant shall concurrently file with the Village Clerk an application for a certificate of appropriateness, which application shall include all the information and material required pursuant to Sections 13-8-7 and 13-8-8 of this Chapter. Such application shall be referred to the planning and zoning commission by the president and board of trustees upon verification of the completeness of said application. The fact that an application for a certificate of appropriateness has been filed shall not be cause for the Director of Development Services to delay the review of plans relating to the building and zoning aspects of the project while said application is pending. The planning and zoning commission shall thereupon fix a reasonable time, within forty five (45) days, for a hearing and give a written five (5) day notice thereof to the applicant. Upon such hearing the commission shall consider the application for a certificate of appropriateness and, if necessary, receive additional evidence (such as exterior elevation renderings) from the applicant or his agent or attorney and from the village personnel or other persons as to whether the external architectural features of the proposed building or structure comply with the provisions of this chapter. All testimony given at such hearing shall be under oath. (Ord. G-272, § 1, 11-11-1980; Ord. G-1261, 10-22-2024)

The gateway development plan must be appropriate to the development of the area consistent with its historic character and shall provide detailed information in regards to the following:

   A.   Relationship Of Proposed Buildings Or Structures To Site And Adjoining Area: The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, pedestrian movement, and parking areas, and shall be evaluated pursuant to the following criteria:

      1.   The provision, where practical, of setbacks in excess of zoning restrictions to provide an interesting relationship between buildings;

      2.   The treatment of parking areas with decorative elements, building wall extensions, plantings, berms or other innovative means so as to screen parking from view;

      3.   The underground installation of newly installed utility services, and service revisions necessitated by exterior alterations.

   B.   Building Design: Evaluation of the appearance of a project shall be based on the following criteria:

      1.   The quality of the design and its relationship to the Graue Mill, its site, and the historic period it represents;

      2.   The compatibility of the design, arrangement, texture, and materials of the proposed buildings or structures with the intent and purpose of the area;

      3.   The screening and location of mechanical equipment or other utility hardware on roof, ground, or buildings from public view with materials harmonious to the building, so as not to be visible from any public ways;

      4.   The unobtrusiveness and harmoniousness of exterior lighting and the compatibility of fixtures, standards, and all exposed accessories with the building design.

   C.   Street Hardware And Signs: See chapter 11 of this title.

   D.   Landscaping Design Considerations: Landscape treatment shall be provided to enhance architectural features and provide shade and screening, and shall be evaluated pursuant to the following criteria:

      1.   The compatibility of the design and size of all landscaping effects with the building or structure and adjacent areas;

      2.   The preservation, protection and development of existing topographic patterns and plant materials which contribute to the beauty and utility of a development;

      3.   Where building sites limit plantings, the placement of trees in the parkway or paved areas. Parkway trees shall be of a minimum three inch (3") caliper. Buildings of three (3) stories or more shall have parkway and front and/or side yard trees of a minimum of five inch (5") caliper;

      4.   The method of screening of service yards, and other places which tend to be unsightly, by fencing, plantings, or a combination of these. Screening shall be equally effective in all seasons and may be accomplished by use of any combination of walls, fencing or plantings;

      5.   The enhancement of parking areas and traffic ways with landscaped spaces containing trees and tree groupings and low shrubs or ground cover;

      6.   The use of unobstrusive exterior lighting to enhance the landscaping;

      7.   The use of landscaping materials and lighting which have low demand for annual maintenance.

   E.   Landscape Plan: A detailed landscape plan shall show:

      1.   Location of existing plant materials to remain and those to be removed;

      2.   Designation of parkway "street trees". Existing parkway trees shall be preserved and protected during construction;

      3.   Scientific (genus-species) and common names of proposed landscape material and proposed quantities and sizes of same;

      4.   Landscape materials other than plant materials shall be designated in detail.

The landscape plan shall be prepared by a landscape architect or qualified nurseryman in accordance with the criteria set forth in subsection D of this section. The plan shall be signed and dated by the designer.

   F.   Site Plan: A detailed site plan shall show:

      1.   Exact location of the building(s) or structure(s) on the site;

      2.   Exact location of drives, walks, parking areas, parking layout, freestanding or retaining walls, fences, and drainage accommodations;

      3.   Elevations showing all sides of the proposed structure. Elevations should indicate the type of materials to be used on the structure as well as their proportions;

      4.   Existing grades or topographic details to be retained and proposed grading;

      5.   Location of utilities. (Ord. G-272, 11-11-1980; Ord. G-695, 3-26-2002)

In addition to the information required pursuant to subsection 13-8-7F of this chapter, the following requirements must be met prior to the issuance of a certificate of appropriateness:

   A.   Visual Environment: In order to ensure an adequate and pleasant natural environment, a sum of money equal to not less than five percent (5%) of the total project construction cost, as set forth on the approved building permits, shall be budgeted and used by the owners and developers to purchase and install mature sized trees, shrubbery, grass and other suitable landscaping upon the grounds, which budgeted amount shall be expended to comply with the provisions of subsections 13-8-7D and E of this chapter. The president and board of trustees may vary from or waive the requirement for such expenditure where such expenditure would cause a hardship on the applicant. Hardship, for purposes of this chapter shall include, but not be limited to, the following situations:

      1.   Irregular shaped lots where landscaping is not practical;

      2.   Lots with minimal frontage;

      3.   Development does not cause any visual impact; e.g., development to the rear of a lot or building; and

      4.   Those instances where there is an abundance of existing natural vegetation precluding the necessity for further landscaping treatment.

   B.   Public Utilities: All utility lines, including, but not limited to, telephone and electric, in the right of way adjacent to and in the development property shall be placed underground. Underground utility lines shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground services. All transformer boxes and service posts shall be located so as not to be unsightly or hazardous. (Ord. G-272, 11-11-1980)

   A.   Plan Commission: Prior to making its decision the commission may make recommendations to the applicant as to changes in the exterior drawings, sketches, landscaping, site plans and materials which in the judgment of the commission would tend to effect the general purposes of this chapter. The commission shall make its decision within fifteen (15) days after the hearing is closed and shall issue to the president and board of trustees its findings and recommendation concerning the proposed gateway development plan. If the plan commission recommends denial of a gateway development plan it shall specifically point out such deficiency in its findings.

   B.   Corporate Authorities: The village president and board of trustees may approve or disapprove the proposed gateway development plan or refer the matter back to the plan commission for further consideration. Upon approval of any proposed gateway development plan the president and board of trustees shall issue a certificate of appropriateness as to the approved gateway development plan. (Ord. G-272, 11-11-1980)

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

The requirements of this chapter for submission and approval of a gateway development plan and the issuance of a certificate of appropriateness shall not be applicable to:

   A.   Renovation, restoration and preservation of structures designated by the president and board of trustees as historically or culturally significant;

   B.   Ordinary repairs or interior renovations;

   C.   Renovations or additions to existing single-family detached residential buildings or structures accessory thereto. (Ord. G-272, 11-11-1980)

Where a certificate of appropriateness is required, pursuant to subsection 13-8-6A of this chapter, for the construction of any single-family detached residence, the requirements of subsections 13-8-7D, E and 13-8-8A of this chapter shall not be applicable. (Ord. G-272, 11-11-1980)