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G-934 - 09/28/2010 - ZONING - OrdinancesORDINANCE 2010- ZO -TA -G -934 AN ORDINANCE APPROVING A TEXT AMENDMENT TO SECTION 13 -2 -2 OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK WHEREAS, a petition has been filed by the Village of Oak Brook for a text amendment to Section 13 -2 -2 of the Zoning Ordinance in order to clarify how setbacks are measured; and WHEREAS, at its meeting on June 21, 2010, 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 August 3, 2010 the Zoning Board of Appeals conducted the required public hearing pursuant to due and appropriate legal notice and found that the applicant had addressed and satisfied the requirements with respect to the proposed text 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 -2 -2 of the Zoning Ordinance is hereby amended by amending the definition of a "setback" to read as follows: SETBACK: The minimum horizontal distance between a street line /property line, required side yard or required rear yard and any part of a structure or any edge of the area of operation of a principal use when no structure is involved. For single - family homes, the setback is measured between the street line, side yard or rear yard and the outside edge of the structure and /or eave (excluding gutters). Section 3: 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 Section 4: All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 5: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 28'" day of Septembe• ' "'^ PASSED THIS 28'" day of September, 2u iu. Ordinance 2010- ZO -TA -G -934 Amending Section 13-2 -2 Definition - Setbacks Page 2 of 2 Ayes: Trustees Aktipis, Carson, Moy, Wolin and Zannis Nays: None Absent: Trustee Saiyed ATTEST: dLjAgv�z xI&a-I:-2 Charlotte K. Pruss Village Clerk