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G-870 - 09/09/2008 - ZONING - OrdinancesORDINANCE 2008- ZO -TA -G -870 AN ORDINANCE AMENDING SECTION 13 -7 -3113 OF THE ZONING ORDINANCE WHEREAS, at its meeting on July 21, 2008, the Plan Commission reviewed a proposed amendment to Section 13 -7 -3B of the Zoning Ordinance to allow limited outdoor sales events in B (commercial) districts, and WHEREAS, by a vote of 4 to 0 the Plan Commission recommended approval of the proposed amendment, and WHEREAS, on August 5, 2008, the Zoning Board of Appeals conducted a public hearing in connection with a proposed amendment to Section 13 -7 -3B of the Zoning Ordinance, and WHEREAS, by a vote of 6 to 0 the Zoning Board of Appeals recommended approval of the proposed amendment, and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the 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 -3B of the Zoning Ordinance is hereby amended to read as follows 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 1 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 2 such event is held in a temporary enclosure and receives all required permits from the Village, and 3 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 4 such event conforms to all signage and setback requirements of the underlying zoning district, and 5 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 Ordinance 2008- ZO -TA -G -870 Text Amend Macy's Page 2 of 2 6 such event is approved by the Department of Community Development upon application and submittal of required information from the property aowner detailing prospective compliance with the conditions herein 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 9th day of September, 2008 V ge Craig President PASSED THIS 9th day of September, 2008 Ayes Trustees Carson, Kennedy, Manofsky Saiyed, Sanford and Wolin Nays 101 rem Absent None ti1�0 t .O 1 C®utrO , ATTEST' S 3 � s Charlotte K Pruss Village Clerk