For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The Director of Community and Economic Development or a designee, who shall be responsible for administering and enforcing all of the requirements and provisions of the city’s subdivision regulations.
BEDROOM. Any room within a residential living unit, including but not limited to a den or study with a closet space, other than rooms designed for the general living space for the entire household, such as a living room, family room, kitchen, dining room, bathroom, lavatory, and garage.
BIKE PATH. A lane or other surface reserved for bicycles. A bike path may be physically separated from motorized vehicular traffic by an open space and/or barrier or it may be on a contiguous surface adjacent to lanes used for motorized vehicles.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public land, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of the city.
BUILDING. A structure that is permanently affixed to the land, has one or more floors and a roof, and is designed or intended for use as a living quarters, shelter, business or storage.
BUILDING LINE. The line nearest the front lot line, running approximately parallel to the front lot line across the width of a lot at the point of the required front yard depth.
CITY COUNCIL. The City Council of the City of Oakbrook Terrace.
COMPREHENSIVE PLAN. The Comprehensive Plan of the City of Oakbrook Terrace.
CONSTRUCTION. Installation, reconstruction, repair, replacement and maintenance of improvements, including public and private improvements, buildings or structures.
CONTOUR MAP. A map on which irregularities of the land surface are shown by lines connecting points of equal elevations. Contour intervals are the vertical height between contour lines.
CUL-DE-SAC. A minor street which has one open end and is permanently terminated at the other by a vehicular turnaround.
DEVELOPER. Any owner or person with a lawful interest in property within the city's jurisdiction, as provided in § 159.03 of this chapter, who undertakes the development of land, as defined herein.
DEVELOPMENT. The physical alteration of a tract of land, including construction, reconstruction or modification of buildings and structures, grading, and other related changes.
ELMHURST COUNTRYSIDE SUBDIVISION. The area that is legally described as the Town Development Company Elmhurst Countryside Subdivision, Units 3, 4 and 5, being a part of Section 22, Township 39 North, Range 13 East of the Third Principal Meridian in DuPage County, Illinois, according to the plats thereof, respectively recorded as Document No. 487163 on November 13, 1945, Document No. 488358 on December 5, 1945, and Document Number 488359 on December 5, 1945. Such area is commonly described as the residential portions of the city that are bounded by Summit Avenue/Midwest Road on the west, Butterfield Road (Illinois Route 56) on the north, Illinois Route 83 on the east, and 22nd Street on the south.
FINAL PLAT. A map indicating graphically a proposed land subdivision or re-subdivision, prepared in a form suitable for filing for record, with the necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, public areas and other dimensions of land.
FRONTAGE. All of the property fronting on one side of a street between two intersecting streets, or in the case of a dead end street, all of the property along one side of the street between an intersecting street and the end of such dead end street.
LOT. A parcel of land which is part of a real estate subdivision, the plat for which has been recorded in the office of the DuPage County Recorder of Deeds pursuant to state law, or for which an assessment plat describing the parcel by a metes and bounds description has been recorded in the office of the DuPage County Recorder of Deeds pursuant to state law, and which is occupied or intended for occupancy by a use permitted in the city's zoning code, and which has its principal frontage upon a road or street.
LOT CONSOLIDATION. The removal of lot lines between contiguous parcels, which does not qualify as a subdivision or an exempt land division pursuant to the requirements of this chapter, and which does not involve any additional public rights-of-way, or the vacation of any existing public rights-of-way.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting rights-of-way or streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.
LOT LINE. The property lines bounding a lot.
LOT RECONFIGURATION. An exchange of land between adjoining or contiguous parcels of land located within the city that changes the boundaries of the existing lots, but does not create an additional lot, does not qualify as a subdivision or an exempt land division pursuant to the requirements of this chapter, and does not involve any additional public rights-of-way, or the vacation of any existing public rights-of-way.
LOT SPLIT. Any conveyance of real property located within the city that results in a land division
that does not qualify as a subdivision, a lot reconfiguration or an exempt land division pursuant to the requirements of this chapter, and that does not involve any additional public rights-of-way, or the vacation of any existing public rights-of-way.
LOT, THROUGH. A lot having frontage on two streets, but excluding corner lots.
METES AND BOUNDS. A method of property description whereby properties are described by means of their direction and distances from an easily identifiable location or point.
OUTLOT. A parcel of land within a subdivision that has been included on a final plat, but is designated as an unbuildable lot for storm water detention or retention, or for park, open space or recreation purposes, or as unbuildable due to insufficient size and/or frontage or peculiar siting or topographical problems.
OWNER. Any individual or group of individuals or any legal entity having record ownership of land.
PEDESTRIANWAY or CROSSWALK. A right-of-way across or within a block, for use by pedestrian traffic whether designated as a pedestrianway, crosswalk, or however otherwise designated, which may include utilities if necessary.
PARKWAY. Any portion of the right-of-way not improved by a street or sidewalk.
PLANNED UNIT DEVELOPMENT (PUD). A use of land which offers benefits to the neighborhood of which it is a part or to the general public welfare beyond those required by this chapter, which use of land will contain or provide amenities not otherwise required by law, including but not limited to provisions for common park, open space, or recreation purposes, or specific design, engineering, architectural, site planning or landscape features, or will allow uses, bulk and site layout that would not otherwise be allowed by law.
PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the City of Oakbrook Terrace.
PUBLIC IMPROVEMENT. Any sanitary sewer, storm sewer, storm water management facility, drainage ditch, water main, roadway, parkway, sidewalk, pedestrianway, public lighting, planting strip, or other facility intended for public
use or benefit, or for which the city may ultimately assume the responsibility for maintenance and operation.
PRELIMINARY PLAT. The tentative map or plan of a proposed subdivision indicating the proposed layout to be submitted to the city for its consideration.
RIGHT-OF-WAY. A strip of land dedicated to the public or owned by a public utility, and occupied or intended to be occupied by a street; pedestrianway or crosswalk; railroad line; utility transmission lines, including but not limited to oil or gas pipelines, water mains, sanitary or storm sewer mains; or for another similar use, as established and depicted on a final plat so as to be separate and distinct from the lots or parcels abutting such right-of-way, and so as not to be included within the dimensions of any lots or other parcels.
ROADWAY. A paved portion of a street available for vehicular traffic.
SIDEWALK. A paved surface within a public right-of-way intended for use as a pedestrian walkway.
STREET. A permanent, improved public or private right-of-way or roadway which affords a primary means of vehicular access to abutting property.
STREET, ARTERIAL. A street designated as such in the city's Comprehensive Plan, which serves as a major thoroughfare for travel between and through a municipality, is generally a controlled access highway that is part of a major system of streets or highways, and is designed to handle a large volume of traffic. The arterial streets serving the city include Roosevelt Road (IL Route 38), 22nd Street, IL Route 83, and Butterfield Road (IL Route 56).
STREET, COLLECTOR. A street designated as such in the city's Comprehensive Plan, which collects traffic from local streets and moves the traffic toward arterial streets for efficient flow. Such streets may be classified as major and minor depending on the volume of traffic they are intended to carry.
STREET, FRONTAGE. A minor street which is parallel and adjacent to an arterial or major
collector street, and which provides access to abutting properties and protection from through traffic.
STREET, LOCAL. A street designated as such in the city's Comprehensive Plan, which is intended to serve primarily those vehicle trips generated by land uses abutting the street.
STREET, MAJOR COLLECTOR. A street designated as such in the city's Comprehensive Plan. The major collector streets serving the city include Summit Avenue/Midwest Road and Meyers Road.
STREET, MINOR COLLECTOR. A street designated as such in the city's Comprehensive Plan. The minor collector streets serving the city include Danby Street/14th Street, Ardmore Avenue, South Villa Avenue, MacArthur Drive, 16th Street, and Spring Road.
STRUCTURE. Anything constructed or erected, the use of which requires a more or less permanent location on the ground or an attachment to something having a permanent location on the ground, including but not limited to, buildings, signs, decks, fences, patios, swimming pools, pavements, driveways and walkways; provided that readily removable decorative landscape borders or features, including but not limited to, bricks, stones, timbers, flower boxes and other similar features, shall not be considered structures; and further provided that fences shall not be considered structures for purposes of calculating the maximum permitted coverage of the front yard.
SUBDIVIDER. Any owner or person with a lawful interest in property within the city's jurisdiction as provided in § 159.03 of this chapter, who undertakes the subdivision of land as defined herein.
SUBDIVISION. The division of a lot, into two or more lots, tracts, parcels or other divisions of land for sale, development or lease; provided, however that, consistent with the provisions of the Plat Act, ILCS Ch. 765, Act 205, § 1, the following shall not be considered a subdivision and shall be exempt from the requirements of this chapter:
(1) The subdivision or division of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;
(2) The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;
(3) The sale or exchange of parcels of land between owners of adjoining and contiguous land;
(4) The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involve any new streets or easements of access;
(5) The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access;
(6) The conveyance of land for highway or other public purposes, grants or conveyances relating to the dedication of land for public use, or instruments relating to the vacation of land impressed with a public use;
(7) Conveyances made to correct descriptions in prior conveyances;
(8) The sale or exchange of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets or easements of access; and
(9) The sale of a single lot of less than five acres from a larger tract when a survey is made by a registered surveyor; provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract as of October 1, 1973, and provided also that this exemption does not invalidate any city requirements with respect to the division or consolidation of land.
(10) The preparation of a plat for wind energy devices under 35 ILCS 200/10-260 of the Property Tax Code.
(Ord. 08-19, passed 9-9-08; Am. Ord. 22-24, passed 8-23-22)