(A) General conditions.
(1) No dwelling units shall be permitted except in planned unit development.
(2) Except as may otherwise be granted by a special use, all business, service, repair or processing, storage or merchandise display shall be conducted wholly within an enclosed building.
(3) No adult-use cannabis business establishment shall be permitted except as may otherwise be granted by a special use and only if located within the Adult-Use Cannabis Dispensary Overlay District.
(B) Permitted uses. The following uses are permitted:
(1) Permitted uses allowed in a B-2 district, except that business or professional offices shall only be allowed above the first floor, unless a special use is granted.
(2) Antique shops.
(3) Art and school supply stores.
(4) Art galleries.
(5) Automobile parts sales stores.
(6) Bakery shops or shops selling similar commodities where the commodities may be produced on the premises; but all such production shall be either sold at retail on the premises or sold in stores owned and operated by the producing company.
(7) Banks, savings and loan associations, credit unions, or other financial institutions, as defined in the Illinois Banking Act (ILCS Ch. 205, Act 5, § 2), without drive-through windows.
(8) Barbershops.
(9) Bed, bath and kitchen shops.
(10) Beauty parlors and day spas.
(11) Beauty supply stores.
(12) Below grade storage of office files and office equipment not for sale, resale or lease.
(13) Bicycle sales, rental and repairs.
(14) Book and stationery stores, excluding adult book stores.
(15) Camera and photographic supply stores, excluding any adult bookstore.
(16) Card and gift shops.
(17) Candy, popcorn and ice cream stores.
(18) China and glassware stores.
(19) Clothing and costume rental shops.
(20) Clothing stores.
(21) Coin and philatelic stores.
(22) Convenience food markets, meat markets, bakeries and delicatessens.
(23) Curtain and drapery stores.
(24) Department stores.
(25) Drugstores.
(26) Dry cleaning and laundry receiving stations.
(27) Electronics and household appliance stores.
(28) Employment agencies, only above the first floor of a building unless a special use is granted.
(29) Equipment rentals, wholly enclosed, with no outdoor storage.
(30) Fabric stores and sewing machine sales and service stores, for the sale of household machines only.
(31) Flower shops.
(32) Flooring shops, including carpets, rugs, wood flooring, tile and linoleum.
(33) Furrier shops, including the incidental storage and conditioning of furs.
(34) Furniture stores, including upholstery when conducted as part of the retail operation and secondary to the principal use.
(35) Gift shops.
(36) Grocery stores.
(37) Hardware stores.
(38) Health clubs and gymnasiums.
(39) Health food stores.
(40) Hobby shops and retail sale of items to be assembled or used away from the premises.
(41) Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles when conducted as part of the retail operations.
(42) Jewelry stores, including watch repair.
(43) Laundry and/or dry cleaning, automatic, self-service types or hand.
(44) Leather goods and luggage stores.
(45) Locksmith shops.
(46) Massage establishments licensed under Chapter 119 of this Code.
(47) Medical offices only above the first floor of a building, unless a special use is granted, provided that medical offices shall also be permitted on the first floor if the building in which such offices are located is not less than 25% occupied by medical offices and physical, occupational and speech therapy, and if all parking requirements for medical offices and physical, occupational and speech therapy can be met on the lot.
(48) Music, game, video and DVD sales and rental, excluding any adult bookstore.
(49) Off-premises, free standing signs as regulated in § 156.043.
(50) Office supply stores, including sales and repairs of office equipment.
(51) Offices, business and professional.
(52) Optometrists, including production of lenses.
(53) Orthopedic and medical appliance stores.
(54) Outdoor dining with an area equal to or less than 25% of the indoor dining space, provided that a proposed area that is located adjacent to a residential district shall not be located within any required parking area or required yard.
(55) Outdoor video vending machines, as an accessory use to a retail building, subject to the following conditions:
(a) Any outdoor video vending machine shall be located immediately adjacent to a building wall, adjacent to an entrance or exit to a retail building.
(b) No more than one outdoor video vending machine shall be permitted on a single zoning lot.
(c) No advertising shall be permitted on the surface of any outdoor video vending machine other than advertising for the video vendor itself or for videos for rent from such machine.
(d) All outdoor video vending machines shall be maintained in excellent condition and appearance at all times, without any dents, faded or chipped paint, graffiti or other aesthetic flaws.
(56) Paint, glass, window, door, and wallpaper stores.
(57) Package liquor stores (Class B liquor license).
(58) Pet grooming.
(59) Pet shops, without boarding.
(60) Photography studios, including the development of film and pictures, when conducted as part of the retail business on premises.
(61) Physical, occupational and speech therapy, only above the first floor of a building, unless a special use is granted, provided that physical, occupational and speech therapy shall also be permitted on the first floor if the building in which such uses are located is not less than 25% occupied by medical offices and physical, occupational and speech therapy, and if all parking requirements for medical offices and physical, occupational and speech therapy can be met on the lot.
(62) Physical, occupational and speech therapy on the first floor of one-story office buildings.
(63) Picture framing when conducted for retail trade on the premises only.
(64) Post offices and mailing services.
(65) Printing and copying shops, including quick printing.
(66) Production and repair, limited to the following: art, needlework, clothing, custom manufacturing and alterations for retail only, jewelry from precious metals, watches, dentures and optical lenses.
(67) Resale stores.
(68) Restaurants, without drive-through windows, including banquet rooms.
(69) Sales and repair of musical instruments.
(70) Schools, music, dance or business.
(71) Shoe repair stores.
(72) Shoe stores.
(73) Shopping center.
(74) Sign shops.
(75) Sporting goods stores.
(76) Tailor shops.
(77) Temporary buildings for construction purposes for a period not to exceed the duration of such construction.
(78) Temporary open sales lots.
(79) Tobacco shops.
(80) Toy stores.
(81) Travel agencies, only above the first floor of a building unless a special use is granted.
(82) Utility pedestals and vaults, telephone exchanges, sewage lift stations, electric substations and other similar public service or government uses.
(83) Variety stores.
(84) Café. Video gaming permitted only if the premises is granted a video gaming license under Chapter 124 of the Code of Oakbrook Terrace, Illinois.
(C) Special uses. The following uses may be allowed by special use in accordance with the provisions § 156.024:
(1) Those special uses permitted in a B-2 district.
(2) Adult-use cannabis dispensary, but only if located within the Adult-Use Cannabis Dispensary Overlay District.
(3) Animal hospitals, excluding well animal boarding.
(4) Assisted living facility.
(5) Automobile service stations, including minor services customarily incidental and accessory thereto, facilities for chassis and gear lubrication, and vehicle washing (including vacuum stations and car washes); but not including the sale of vehicles new or used, provided that the following requirements are met:
(a) Unless otherwise provided by the City Council in an ordinance approving a special use under the standards of § 156.024(B), all yards shall comply with division (G) of this section.
(b) Any roof edge or eave of a canopy over a pump island shall be not less than ten feet from any lot line, and no canopy shall exceed 16 feet in height.
(c) Any gasoline pump island shall be not less than 15 feet from any lot line, and there shall be a separation for the passage of vehicles in drive aisles of not less than 29 feet between gasoline pumps or pump islands.
(d) Light automobile work may be performed; provided that no major repairs, spray paint operation or body or fender repair shall be permitted.
(e) No automobile service stations shall adjoin or abut a residential district.
(6) Banks, savings and loan associations, credit unions, or any other financial institution, as defined in the Illinois Banking Act (ILCS Ch. 205, Act 5, § 2), with drive through windows.
(7) Building material establishments for the sale of dimension lumber, millwork, cabinets, and other building materials; provided that no milling, planning, joining or manufacture of millwork shall be conducted on the premises.
(8) Car washes accessory to retail sales; provided that the following requirements are met:
(a) An accessory building housing a car wash shall not exceed 16 feet in height.
(b) Unless otherwise provided by the City Council in an ordinance approving a special use under the standards § 156.024(B), all yards shall comply with division (G) of this section.
(c) The accessory building area shall not exceed 1,200 square feet, provided that the City Council may approve an increase to 1,500 square feet as determined to be necessary to allow for equipment required for water conservation and recycling.
(d) No car wash shall adjoin or abut a residential district.
(9) Catering services, other than as part of a restaurant.
(10) Clubs and lodges, private, fraternal or religious, excluding any adult entertainment cabaret.
(11) Cocktail lounges that are not a part of a restaurant, excluding any adult entertainment cabaret.
(12) Contractors or construction businesses, such as air conditioning, building, concrete, electrical, masonry, painting, plumbing, refrigeration and roofing, but only on Roosevelt Road (IL-38).
(13) Employment agencies on the first floor.
(14) Equipment rentals with outdoor storage.
(15) Exterior sales, display and storage of merchandise, including greenhouses, when accessory to permitted enclosed hardware and lumberyard uses on the same zoning lot.
(16) Exterminators.
(17) Furniture repair and refinishing.
(18) Garden supply and feed stores.
(19) Greenhouses and nurseries.
(20) Hotels and motels serving transient guests; hotel apartments.
(21) Job printing shops and publishing establishments.
(22) Licensed off-track betting, intertrack wagering, sports wagering locations or facilities.
(23) Linen, towel, diaper and similar supply services.
(24) Machinery sales within a structure.
(25) Medical cannabis cultivation centers.
(26) Medical cannabis dispensing facilities.
(27) Medical offices on the first floor of a building, provided that a special use shall not be required if the building in which the medical office is located is not less than 25% occupied by medical offices and physical, occupational and speech therapy, and if all parking requirements for medical offices and physical, occupational and speech therapy can be met on the lot.
(28) Motor vehicle and equipment sales and service (to include motorcycles), but only on Roosevelt Road (IL-38).
(29) Offices, business and professional on the first floor.
(30) Open sales lots.
(31) Physical, occupational and speech therapy on the first floor of a building; provided that a special use shall not be required if the building in which physical, occupational and speech therapy is provided is not less than 25% occupied by medical offices and physical, occupational and speech therapy, and if all parking requirements for medical offices and physical, occupational and speech therapy can be met on the lot.
(32) Plumbing showrooms.
(33) Production and repair in excess of 2,000 square feet, limited to the following: art, needlework, clothing, shoes, custom manufacturing and alterations for retail only, jewelry from precious metals, watches, dentures and optical lenses, assembly of orthopedic and medical appliances.
(34) Recreational vehicle sales, but only on Roosevelt Road (IL-38).
(35) Research laboratories.
(36) Restaurants with drive-through windows.
(37) Service, cleaning or repair shops for personal household or garden equipment, including such shops where they are operated as accessory uses to other uses permitted by this section.
(38) Storage garages, overnight or more permanent, but not including auto wrecking yards, truck terminals, or motor-freight parking areas, but only on Roosevelt Road (IL-38) and IL-83.
(39) Travel agencies on the first floor.
(40) Unenclosed conduct of business, service, repair or processing, storage or merchandise display.
(41) Warehouse/distribution centers.
(42) Tutoring services (up to 2,000 square feet).
(43) Dog daycare, dog boarding, dog spa services, and dog grooming with an outdoor play area.
(44) Dental clinics (up to 6,000 square feet).
(45) Roof-mounted private solar collection panels.
(D) Floor area ratio. The floor area ratio shall not exceed 0.5 for retail uses and 0.8 for service uses and hotels. If a building has retail uses on the first floor, the overall floor area ratio shall not exceed 0.8. If the property has a special use for business, professional or medical office uses on the first floor, the overall floor area shall not exceed 0.8.
(E) Lot area. The minimum lot area shall be not less than 15,000 square feet.
(G) Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained:
(1) Front yards. A minimum required front yard of not less than 40 feet in depth, including along the exterior boundaries of a lot developed as a planned unit development. Paved areas shall not be located closer than ten feet from the front lot line of the parcel.
(2) Side yards. A minimum required side yard on each side of the main building of not less than ten feet, including along the exterior boundaries of a lot developed as a planned unit development, except that when a lot is adjacent to a residential district, a minimum side yard of 20 feet is required. Paved areas shall not be located closer than five feet to the side lot line of the parcel, provided that paved areas adjacent to a residential district shall not be located closer than 20 feet from the side lot line of the parcel.
(3) Rear yards. A minimum required rear yard of not less than 40 feet, including along the exterior boundaries of a lot developed as a planned unit development, except that a rear yard adjoining the business district boundary line shall be not less the 30 feet. Paved areas shall not be located closer than five feet from the rear lot line of the parcel.
(4) A common access drive may serve as one-half of a side or rear yard requirement.
(H) Building height. Building height shall not exceed 35 feet.
(I) Landscaping. In order to conserve existing property values, to preserve the attractiveness of buildings and building surroundings, to prevent erosion, to assist in stormwater and flood control, and to provide for clean air, the landscaping requirements of § 156.049 shall be adhered to, and plans for the installation of such landscaping shall be provided to and approved by the Director of Community and Economic Development prior to the issuance of permits.
(J) Lighting adjacent to residential property. When a lot is adjacent to a residential district any non-residential use of such property shall not cause any glare or excessive spillover of light onto the residential property from interior or exterior lighting or any operation performed therein. All exterior lighting fixtures shall be shaded to avoid casting direct light upon any residential property or into public streets or parks. Additionally, screening in the form of landscaping or of decorative fencing may be required to conceal the direct light of vehicle headlights from adjacent residential properties. In no case shall such lighting exceed two foot candles measured at any lot line.
(K) Nonconforming uses. As provided in § 156.085(L).
(L) Medical cannabis cultivation centers. In determining the compliance of a proposed medical cannabis cultivation center with § 156.024(C), the following components of the medical cannabis cultivation center shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of properties in the vicinity of the proposed use:
(1) The issuance or absence of issuance of a valid registration as a medical cannabis cultivation center by the Illinois Department of Agriculture to the proposed medical cannabis cultivation center.
(2) The existence, if any, of a medical cannabis cultivation center located within the Illinois State Police District within which the City of Oakbrook Terrace is located.
(3) The existence, if any, of a medical cannabis cultivation center located within the City of Oakbrook Terrace.
(4) Compliance by the medical cannabis cultivation center with the restrictions contained in § 156.087(M).
(M) Medical cannabis cultivation center restrictions.
(1) Compliance with state law mid regulations. Medical cannabis cultivation centers shall comply with the requirements of the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) and all regulations promulgated thereunder, as may be amended from time to time.
(2) Minimum distance from incompatible uses. No medical cannabis cultivation center shall be located, established, maintained, or operated on any lot that has a property line within 2,500 feet of the property line of any of the following uses;
(a) A pre-existing public or private preschool or elementary or secondary school;
(b) A pre-existing day care center, day care home, group day care home or part day child care facility; or
(c) A pre-existing area zoned for residential use.
(3) Measurement. For the purposes of this section, distances shall be measured linearly in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the medical cannabis cultivation center is located to the nearest point on a property line of a use listed in division (M)(2) above.
(4) Retail sales prohibited. Medical cannabis cultivation centers shall not conduct any retail sales.
(N) Medical cannabis dispensing facilities. In determining the compliance of a proposed medical cannabis dispensing facility with § 156.024(C), the following components of the medical cannabis dispensing facility, shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of properties in the vicinity of the proposed use:
(1) The issuance or absence of issuance of a valid registration as a medical cannabis dispensing facility by the Illinois Department of Financial and Professional Regulation to the proposed medical cannabis dispensing facility.
(2) The existing number of medical cannabis dispensing facilities, if any, located within the dispensing organization district within which the City of Oakbrook Terrace is located as established by the regulations of the Illinois Department of Financial and Professional Regulation.
(3) The existing number of medical cannabis dispensing facilities, if any, located within the City of Oakbrook Terrace.
(4) Compliance by the medical cannabis dispensing facility with the restrictions contained in division (O) below.
(O) Medical cannabis dispensing facility restrictions.
(1) Compliance with state law and regulations. Medical cannabis dispensing facilities shall comply with the requirements of the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) and all regulations promulgated thereunder, as may be amended from time to time.
(2) Minimum distance from incompatible uses. No medical cannabis dispensing facility shall be located, established, maintained, or operated in a house, apartment or condominium or on any lot that has a property line within 1,000 feet of the property line of any of the following uses:
(a) A pre-existing public or private preschool or elementary or secondary school;
(b) A pre-existing day care center, day care home, group day care home or part day child care facility; or
(c) A pre-existing area zoned for residential use.
(3) Measurement. For the purposes of this section, distances shall be measured linearly in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the medical cannabis dispensing facility is located to the nearest point on a property line of a use listed in division (O)(2) above.
(4) Hours of operation. Medical cannabis dispensing facilities shall only operate between the hours of 6:00 a.m. and 8:00 p.m.
(5) Drive-through windows. Medical cannabis dispensing facilities shall not dispense medical cannabis or other products through a.drive-through window.
(Ord. 07-40, passed 3-25-08; Am. Ord. 09-18, passed 10-27-09; Am. Ord. 10-45, passed 3-22-11; Am. Ord. 12-17, passed 3-27-12; Am. Ord. 13-10, passed 2-12-13; Am. ord. 13-11, passed 2-12-13; Am. Ord. 14-31, passed 6-10-14; Am. Ord. 15-18, passed 3-10-15; Am. Ord. 16-40, passed 10-11-16; Am. Ord. 17-33, passed 12-12-17; Am. Ord. 18-7, passed 1-23-18; Am. Ord. 18-41, passed 10-23-18; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 20-39, passed 10-13-20; Am. Ord. 21-02, passed 1-26-21; Am. Ord. 22-01, passed 1-11-22; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999