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G-901 - 10/13/2009 - ZONING - OrdinancesORDINANCE 2009- ZO -TA -G -901 AN ORDINANCE AMENDING SECTION 13 -7A -1 OF THE ZONING ORDINANCE TO PERMIT SCHOOLS: COMMERCIAL, BUSINESS, TRADE, MUSIC AND DANCE AS A PERMITTED USE IN THE B -1 DISTRICT WHEREAS, an application has been filed by NAI Hiffman on behalf of the Oak Brook Promenade ( "Petitioner ") requesting a text amendment to Section 13 -7A -1 of the Zoning Ordinance to permit commercial, business, trade, music and dance schools as permitted uses in the B -1 District, and WHEREAS, at its meeting on August 17, 2009, the Plan Commission reviewed the proposed text amendment, and WHEREAS, by a vote of 5 to 0, the Plan Commission recommended approval of the proposed text amendment, and WHEREAS, at its meeting on September 1, 2009 the Zoning Board of Appeals conducted a public hearing in connection with a proposed amendment to Section 13 -7A -1 of the Zoning Ordinance, and WHEREAS, by a vote of 7 to 0 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 -7A -1 of the Zoning Ordinance is hereby amended by adding the following as a permitted use in a B -1 Local Shopping Center District Schools commercial, business, trade, music and dance subject to the conditions that the permitted use is limited to second floor space of any building where a school is located and that the use is limited to a maximum of ten percent (10 %) of the total square footage of the shopping center in which it is located provided that adequate parking is provided to accommodate such use 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this ordinance Section 4 All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Section 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by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 Ayes _ Nays _ Absent Ordinance 2009- ZO -TA -G -901 Zoning Ordinance Section 13 -7A -1 B -1 District Permitted Uses Page 2 of 2 APPROVED THIS 13th day of October, 2009 PASSED THIS 13th day of October, 2009 Trustees Aktipis, Carson, Moy, Saiyed, Wolin, Zannis None None }� 4 co: cz� 00 U f4 -T ATTEST Charlotte K Pruss Village Clerk