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G-721 - 06/11/2003 - TEXT AMENDMENT - Ordinancesi ' ORDINANCE 2003- ZO -TA -G -721 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK PROVIDING FOR SPECIALTY RETAIL PROGRAM AS AN ADDITIONAL AUTHORIZED SPECIAL USE IN THE B -2 REGIONAL SHOPPING CENTER DISTRICT WHEREAS, an application has been filed requesting a text amendment to authorize a specialty retail program as a special use in the B -2 Regional Shopping Center District within the Village of Oak Brook, and WHEREAS, the Plan Commission on January 20, 2003, February 17, 2003 and March 17, 2003, and the Zoning Board of Appeals at its meeting on April 1, 2003, recommended approval of the requested text amendment, and WHEREAS, it is in the best interests and in furtherance of the general welfare of the Village to amend its Zoning Ordinance as set forth below NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein Section 2 That Section 13 -2 -2 ( "Definitions ") of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended by adding thereto a new Definition to read as follows "Specialty Retail Program: one or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use (a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating, (b) seasonal, portable carts (also referred to as "mobile units" or "RMUs ") for the sale of pre- packaged food and beverages, including adjacent outdoor seating, (c) seasonal merchandising zones containing a defined number of portable carts selling primarily non -food merchandise and packaged food gift items not intended for immediate consumption, (d) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows, and (e) entertainment and performance zones, including tables and chairs Seasonal shall mean that weather permits the operation of the portable carts " Section 3 That Section 13 -7 -3 ( "Scope ") of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows "A All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for approved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use 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) Ordinance 2003- ZO -TA -G- 7 21 Amending Zoning Ordinance Providing For Specialty Retail Program as an Additional Authorized Special Use - Page 2 of 3 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, and (3) approved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use C Goods sold shall consist primarily of new merchandise, except for antique shops " Section 4 That Section 13 -713-2 ( "Special Uses ") of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows "Amusement establishments, including bowling alleys, gymnasiums, swimming pools and skating rinks Community centers Daycare center, provided such facility complies with all licensing requirements of the State and maintains a direct alarm hookup to the Police Department Drive -in banking facility Outdoor dining areas adjacent to restaurants and Specialty Retail Programs Public utility, governmental service, and transportation uses Bus turnarounds and passenger shelters Fire and police stations Sewage and storm water lift stations Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department, and (2) Specialty Retail Program facilities have appropriate utilities provided, are not convenient to drive -up business, and do not materially interfere with access to or visibility of other establishments within the shopping center Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals Water filtration plants, wells, pumping stations and reservoirs " Section 5 That this Ordinance shall be in full force and effect from and after passage and approval as provided by law Section 6 That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form in the manner provided by law PASSED THIS 10th day of June , 2003 Ayes Trustees Aktipis, Caleel, Korin, Miologos and Yusuf Nays r ' Absent Trustee Craig Abstain None APPROVED THIS loth day of June , 2003 •,.ITT Red as to Form t a A, -t� Village Attorney Ordinance 2003- ZO- TA -G -7 21 Amending Zoning Ordinance Providuig For Specialty Retail Program as an Additional Authorized Special Use - Page 3 of 3 Villa Published 6 -11 -2003 Pamphlet form Not Published Date Paper