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The County of DuPage
Wheaton, Illinois
 

T-3-10 - Zoning Code Amendments Relative to Places of Assembly

Over the last several years DuPage County has considered several zoning petitions relative to place of assembly type land uses, (including civic, cultural, fraternal and religious uses) where it has become increasingly evident that the existing infrastructure in the residential areas of the County does not appear to support the needs of these uses and the resulting development can strain the existing conditions in a residential neighborhood.

Whenever an existing place of assembly seeks to expand or a new institution seeks to establish itself in the unincorporated area, it must petition the County for some form of zoning relief.  Typically, the main issues in these cases have related to the infrastructure needs of the petitioners: traffic ingress and egress, parking, septic and well systems, and storm water drainage.  If these needs are not adequately met in the eyes of the County Board, the petitioners' requests have been historically denied or condition placed on the use.

To address these concerns in early 2006 the County began discussions on amendments to the Zoning Ordinance as part of T-1-07 specifically addressing common issues related to religious institutions which would have required that religious institutions in residential districts be located on properties adjacent to a major roadway. After several hearings the County Development Committee suspended its review of the T-1-07 Text Amendments in favor of additional research and development on the matter.

The current proposal, T-3-10 is a result of research including information gathered from the previous hearings related to the T-1-07 proposed amendment and County Board Members more recently interest with issues in their districts regarding places of assembly uses relating to large institutions on properties with inadequate infrastructure, and small institutions on properties not originally intended for institutional use.

As such, the County's consideration of the current proposal, T-3-10, will categorize similar type land uses, (e.g.: civic, cultural, fraternal and religious uses) into a single category known as "places of assembly."  The place of assembly category will be for the purpose of permitting the uses in particular zoning districts and regulating bulk standards where these uses have like operational characteristics, building size and scope, parking needs, traffic patterns, storm water requirements, fire safety and public utility needs.

The proposed text amendments will permit places of assembly in all nonresidential zoning districts by right and will implement bulk regulations, (i.e.: setbacks, height, lot area, floor area ratio, parking, etc.) in a manner that treats places of assembly on equal terms, in a nondiscriminatory fashion without limiting assembly within a non-residential zoning jurisdiction.

The amendments are proposed to regulate the attendant capacity needs of these uses including availability of land, infrastructure needs, transportation needs and utility needs as evidenced in several historic zoning cases before the ZBA, Development Committee and County Board.

The Development Committee has expressed interest in gathering public input and opinion on the T-3-10 amendments.  The primary purpose of the hearings before the ZBA is to give the public a voice in the formation and consideration of these amendments, on the record for all to see and consider.

The first ZBA hearing was held on August 26th, 2010.  
View Part 1 of the 8-26-10 Transcripts.
View Part 2 of the 8-26-10 Transcripts.

On the right-hand side of this page, all the documentation pertaining to these text amendments is presented.  This will allow members of the public to review all the information that is before the County.




Documentation

Index of Documents 

Exhibit 1 T-3-10 Text Amendments 

Exhibit 2 7-20-10 Development Committee 

Exhibit 3 Public Hearing Notice 

Exhibit 4 Notice list to agencies 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 5 Public Hearing transcripts from several place of assembly zoning petitions 

Exhibit 6 Traffic Data 

Exhibit 6 Traffic Data 

Exhibit 6 Traffic Data 

Exhibit 6 Traffic Data 

Exhibit 6 Traffic Data 

Exhibit 6 Traffic Data 

Exhibit 6 Traffic Data 

Exhibit 6 Traffic Data 

Exhibit 6 Traffic Data 

Exhibit 7 DuPage County Zoning Map 1 

Exhibit 7 DuPage County Zoning Map 2 

Exhibit 7 DuPage County Zoning Map 3 

Exhibit 7 DuPage County Zoning Map 4 

Exhibit 7 DuPage County Zoning Map 5 

Exhibit 7 DuPage County Zoning Map 6 

Exhibit 8 Regulatory Agency Memos relative to Place of Assembly 

Exhibit 9 Bill of Rights and 14th Amendment to the United States Constitution 

Exhibit 10 RLUIPA 

Exhibit 11 Religious Freedom Restoration Act. (775 ILCS 35/)  (Illinois). 

Exhibit 12 -List of Cases 

Exhibit 13 -Reports 

T-3-10 Transcript 08/26/10 1-2 

T-3-10 Transcript 08/26/10 2-2 

T-3-10 Transcript 09/27/10 1-1 

T-3-10 Transcript 11/15/10 1-1 

T-3-10 Transcript 12-13-10