===== PDF PAGE 30 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDAITEMNUMBER: — > -C. Zoning Text Amendment Outside Continuous Vending FILE NUMBER: Vending Machines COMMITTEE AGENDA DATE: Oct. 9, 2023 Ordinance No. 23-0-0038 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE A = APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: Staff was recently approached by a party interested in installing walk-up ice/water vending machines outside of various retail establishments in the community, such as grocery stores and hardware stores. Section 6.27 of the Zoning Code regulates continuous outside vending and contains five instances when continuous outside vending is permitted. Vending machines are not listed as one of these instances and therefore would not be permitted. Several vending machines exist throughout the City in places such as grocery stores and hardware stores, as well as other locations. Staff is of the opinion that vending machines are ancillary uses that should be allowed throughout City. Staff has drafted an amendment to the zoning text of Section 6.27 of the Zoning Code to permit vending machines to be located outside of a building with certain limitations. At their October 3% meeting, members of the Plan Commission voted unanimously (4-0, with three absent) in support of the Zoning Text Amendment. ACTION PROPOSED: Discuss and recommend approval of the proposed Zoning Text Amendment. COMMITTEE RECOMMENDATION: Attachments: Draft Ordinance PC Report ===== PDF PAGE 31 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 23-0-0038 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO - APPENDIX A SECTION 6.27 OF THE ZONING CODE RELATING TO CONTINUOUS OUTSIDE VENDING WHEREAS, the City of West Chicago periodically reviews the text of the Zoning Code for inconsistencies, discrepancies, and regulations in need of clarification; and WHEREAS, the City of West Chicago regulates various activities related to continuous outside vending; and WHEREAS, there are no current regulations related to vending machines within Section 6.27 of the Zoning Code; and WHEREAS, the City Council believes it is in the best interest of the City to amend the Zoning Code to allow for vending machines with certain restrictions; and WHEREAS, Notice of Public Hearing on said text amendments was published in the Dai- ly Herald on or about September 18, 2023, as required by the ordinances of the City of West Chi- cago and the statutes of the State of Illinois; and WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of Appeals of the City of West Chicago on October 3, 2023 pursuant to said Notice; and WHEREAS, at the Public Hearing all interested parties had an opportunity to be heard; and WHEREAS, the corporate authorities of the City of West Chicago have received the recommendation of the Plan Commission/Zoning Board of Appeals which contains specific findings of fact, pursuant to Recommendation No. 23-RC-0009, a copy of which is attached hereto as Exhibit “A” which is, by this reference, made a part hereof. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chi- cago, Du Page County, Illinois, in regular session assembled, as follows: Section 1. That Section 6.27 — Continuous Outside Vending, of Article VI, Appendix A, of the Code of Ordinances of the City of West Chicago be amended to add the following para- graph: (G) Vending Machines, Walk-Up. Properties, except for those used as single-family detached residential, may contain vending machines that dispense ice, non-alcoholic beverages, food, and non-tobacco merchandise. All vending machines shall serve pedestrians only and not motor vehicles. All vending machines shall be located on an approved hard surface but shall not be located within a parking stall, parking drive aisle, fire lane, or other paved ar- ea used for vehicular traffic. If located on a private sidewalk, vending machines shall pro- vide a minimum five feet of clearance for pedestrians. Vending machines shall not block any building entrance/exit and shall not cover any portion of any window on a building. Sign- Ordinance 23-O-0038 Page | of 3 ===== PDF PAGE 32 ===== [Extraction: OCR (rendered-page OCR)] age contained on a vending machine shall not be debited against a property’s overall al- lowable wall signage. Section 2. That all ordinances and resolutions, or parts thereof, in conflict with the pro- visions of this Ordinance are, to the extent of such conflict, expressly repealed. Section 3. That this Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as provided by law. PASSED this day of , 20 Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch Ferguson Alderman S. Dimas Alderman J. Smith, Jr. Alderman C. Swiatek Alderman R. Stout Alderman J. Short Alderman J. Morano Ward 7 — Vacant APPROVED as to form: City Attorney APPROVED this day of , 2023. Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez PUBLISHED: Ordinance 23-O-0038 Page 2 of 3 ===== PDF PAGE 33 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” RECOMMENDATION # 23-RC-0009 TO: The Honorable Mayor and City Council SUBJECT: PC 23-10 Amendment to Section 6.27 — Continuous Outside Vending, of Appendix A — the Zoning Code, of the Code of Ordinances of the City of West Chicago DATE: October 3, 2023 DECISION: The motion to recommend approval of the proposed amendment was approved by a vote of four (4) “yes” and zero (0) “no”. RECOMMENDATION: After a review of the proposed Zoning Text Amendments as presented, the Plan Commis- sion/Zoning Board of Appeals finds that the proposed amendments do not pose a threat to the health, safety and welfare of the community. It is the Commission’s opinion that the proposed amendment will be beneficial to the City of West Chicago. The amendment is in keeping with the purpose of the Zoning Code. The Plan Commission is of the opinion that the proposed amendment will protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity and the general welfare of the citizens of West Chicago community. Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Laimins Kasprak Slattery Billingsley Henkin Hale Banasiak Ordinance 23-O0-0038 Page 3 of 3