G-915 - 01/12/2010 - ZONING - OrdinancesORDINANCE 2010- ZO -TA -G -915
AN ORDINANCE AMENDING
SECTIONS 13 -7 -313, 13 -7A.2, 13-7B.2,13-7C.2 and 13 -7D.2
OF THE ZONING ORDINANCE
WHEREAS, a petition has been filed by NAI Hiffman on behalf of the Oak Brook Promenade LLC seeking
approval of a text amendment to Section 13 -7 -313 of the Zoning Ordinance to permit Farmers Markets
and /or French Markets as an authorized sales event in a business (B) district, and
WHEREAS, at its meeting on October 19, 2009, the Plan Commission reviewed the proposed
text amendment, and
WHEREAS, the Plan Commission recommended approval of the proposed text amendment, and
WHEREAS, at its meeting on November 3, 2009 the Zoning Board of Appeals conducted the
required public hearing with respect to the proposed text amendment, pursuant to due and appropriate
legal notice and found that the applicant had addressed and satisfied the requirements for the requested
amendment, and
WHEREAS, the Zoning Board of Appeals recommended approval of the proposed text
amendment, and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of
the Plan Commission and Zoning Board of Appeals and deem the text amendment, as set forth below, to
be in the best interests of the Village
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 Section 13 -7 -313 of the Zoning Ordinance is hereby amended to read as follows
B All business, service, storage, merchandise, display and where permitted, repair and
processing shall be conducted wholly within a completely enclosed building except
for
1 off street automobile parking, off street loading, and open sales lots and drive -in
facilities in districts where they are permitted,
2 outdoor dining areas adjacent to restaurants in districts where outdoor dining
areas are permitted as a special use,
3 approved specialty retail programs in outdoor areas of a shopping center in
districts were permitted as a special use, and
4 outdoor sales events on a property in any business district provided that all of the
following conditions are met
a Such event shall be of a limited duration (14 days or less per event)
occurring no more than two times in any calendar year, and
b Such event is held in a temporary enclosure that received all required
permits from the Village, and
Ordinance 2010- ZO -TA -G -915
Zoning Ordinance Section 13 -7 -36, 13 -7A 2, 13 -713 2, 13 -7C 2 and 13 -71D 2,
Page 2 of 3
c Such event offers for sale only items that are normally sold inside the
building in conformity with the principal use of the subject property, and
d Such event conforms to all signage and setback requirements of the
underlying zoning district, and
e The property complies with all parking requirements of the underlying
district, or, in the alternative, the Petitioner reasonably demonstrates that
notwithstanding any temporary noncompliance, the conduct of the event
will not impose any undue traffic or parking burden on surrounding
properties and streets, and
f Such event is approved by the Village Board of Trustees upon petition or
request from the property owner detailing prospective compliance with
the conditions herein
5 Farmers markets and /or French Markets involving the sale of flowers, culinary
accessories and edible items for consumption off the premises where the sale is
made in districts where permitted as a special use
Section 3 Section 13 -7A 2, 13 -713 2, 13 -7C 2 and 13 -7D 2 of the Zoning Ordinance are hereby
amended to include the following special use
Farmers markets and /or French Markets involving the sale of flowers, culinary
accessories and edible items for consumption off the premises where the sale is
made provided that the following conditions are met
a Sale of used or pre -owned items is not permitted
b Farmers Market and /or French Market may be conducted no more than one
day per week on any property zoned for business purposes
c All signage and setback requirements of the underlying zoning district must be
met
d The property on which the Farmers Market and/or French Market is conducted
complies with all the parking requirements of the underlying zoning district or, in
the alternative, the petitioner demonstrates that notwithstanding any temporary
noncompliance, the conduct of the event will not impose any undue traffic or
parking burden on surrounding properties and streets, and
e The Farmers Market and /or French Market is approved by the Department of
Community Development upon application and submittal of all required
information from the property owner detailing prospective compliance with the
conditions herein
Section 4 If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance
Section 5 All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict
Section 6 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
Ayes
Nays
Ordinance 2010- ZO -TA -G -915
Zoning Ordinance Section 13 -7 -3B, 13 -7A 2,13-7B 2, 13 -7C 2 and 13 -7D 2,
Page 3 of 3
APPROVED THIS 12th day of January, 2010
v
Jgtiy(W Craig
aQe President
PASSED THIS 12th day of January, 2010
Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
None
Absent None
'� 40ee"
ATTESTI
Charlotte K Pruss
Village Clerk