ORDINANCE NO. O2024-11

AN ORDINANCE AMENDING THE CITY CODE ZONING ORDINANCE REGARDING LIQUOR AND MASSAGE ESTABLISHMENT LICENSE REGULATIONS

   WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and

   WHEREAS, the City of Warrenville Zoning Ordinance, as amended ( “Zoning Ordinance” ), is codified as Title 10 of the Warrenville City Code ( “City Code” ); and

WHEREAS, the City desires amend Table 3A and Section 3.B of the Zoning Ordinance to clarify that additional regulations pertaining to liquor licensed establishments and massage establishments are set forth in Title 3 of the City Code (collectively, the “Text Amendments” ); and

WHEREAS, pursuant to notice duly published in the Daily Herald on January 24, 2024, the Plan Commission conducted a public hearing on February 8, 2024 to consider the Text Amendments; and

WHEREAS, at the conclusion of the public hearing on February 8, 2024, after considering all of the testimony and evidence presented at the public hearing, the Plan Commission recommended that the City Council approve the Text Amendments; and

   WHEREAS, the Mayor and the City Council have considered the recommendations of the Plan Commission and all of the materials, facts, and circumstances relating to the Text Amendments, and find that it is in the best interest of the City and the public to approve the Text Amendments and amend the Zoning Ordinance in the manner provided in this Ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF WARRENVILLE, DUPAGE COUNTY, ILLINOIS, AS FOLLOWS:

SECTION 1:   Recitals.  The recitals listed above are incorporated in this Ordinance as if fully set forth in this Ordinance.

SECTION 2:   Table 3A. The Table 3A, titled “Permitted and Special Uses in All Zoning Districts,” of Chapter 3, titled “Allowable Uses,” of the Zoning Ordinance is hereby amended to read follows:

“Table 3A: Permitted and Special Uses in All Zoning Districts

Uses listed are also Permitted or Special Uses in all higher-numbered districts with same letter designation.

*    Indicates uses allowed only along arterial streets designated in Comprehensive Plan.

**   Conditional use only. See Section 7 - F.

***   The following list of Home Occupations uses shall be allowed in the TO zoning district provided that in aggregate no more than 25% of the gross floor area of the building, up to a maximum of 1,000 square feet, is occupied by one or more of these uses:

a.   art, photography, painting, sculpting or crafts studio,

b.   dressmaking, sewing, and tailoring,

c.   teaching of music or dancing to no more than 4 pupils at one time,

d.   other teaching or tutoring, limited to 6 pupils at one time,

e.   hair styling and cutting,

f.   repair of small appliances.

**** Massage establishment uses must also obtain a massage establishment business license and comply with the additional regulations provided in Title 3 Chapter 26 of the City Code Massage Establishments.

 

Land Use	Most Restrictive (Lowest Numbered) Districts Use is a Permitted Use					Most Restrictive (Lowest Numbered) Districts Use is a Special Use in
* * *
Massage Establishment ****		B2		TO
* * *”

SECTION 3:   Cumulative Districts. Section 3.B, titled “Cumulative Districts,” of Section 3, “Allowable Uses,” of the Zoning Ordinance is hereby amended to read as follows:

“B. CUMULATIVE DISTRICTS

Except as specifically provided otherwise herein, within the categories of Residential, Business, Office, and Manufacturing Districts, uses shall be allowed as Permitted or Special Uses in any district if they are allowed as Permitted Uses or Special Uses, respectively, in any lower-numbered district within the same category.

Any use authorized as a Permitted Use in a district that also qualifies, by virtue of cumulativeness with another district, as a Special Use, shall be considered a Permitted Use in that district.

Liquor related uses must also obtain a liquor license and comply with additional regulations provided in Title 3 Chapter 2 of the City Code titled Liquor Control Regulations.

*      *      *”

SECTION 4:   Effective Date.  This Ordinance shall be in full force and effect following its passage, approval, and publication in pamphlet form in the manner required by law.

[Signatures and Voting Record on Following Page]

PASSED THIS _20th_ day of _February__, 2024.

AYES: Alds: Lockett, Barry, Davolos, Wilkie, Augustynowicz, and Kruckenberg

NAYS: None

ABSENT: Alds: Aschauer and Weidner

ABSTAIN:None

APPROVED THIS _20th_ day of _Februrary__, 2024.

               __/s/ David L. Brummel________________

               MAYOR

ATTEST:

_/s/ Julie Clark____________

CITY CLERK