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Ordinance 2010-58 - I I Ordinance No. 2010 - AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE YORKVILLE ZONING ORDINANCE (Off -Track Betting Facility) WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing non home -rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, it is in the best interests of the City that the Yorkville Zoning Ordinance is amended so that the City can allow and regulate off -track betting facilities as a special use in the B -2 General Business District, in order to rotect the health, safety, and welfare of its citizens; and, p Y WHEREAS, the Plan Commission convened and held a public hearing on the 10 day of November 2010, on the question of the text amendment to the Yorkville Zoning Ordinance; and, WHEREAS, upon conclusion of said public hearing, the Plan Commission recommended the approval of the text amendment to the Yorkville Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. That Title 10, Chapter 2, Section 3 of the Yorkville City Code, as amended, be and is hereby amended by the addition of the following definition: "Off -Track Betting (OTB) Facility: an inter -track wagering facility or location licensed by the Illinois Racing Board whose physical premises, structure and equipment is utilized for the legal wager on the outcome of a simultaneously televised horse races taking place at an Illinois race track or a race track outside of Illinois as prescribed in the Illinois Horse Racing Act of 1975, as amended. Off -Track Betting (OTB) facilities shall be an accessory use to a restaurant or food establishment, and the OTB component of the facility shall be no more than forty -five percent (45 %) of the gross total floor area." Section 3. That Title 10, Chapter 7, Article C (B -2 General Business District), Section 2, of the Yorkville City Code, as amended, be and is hereby amended by the addition of the following allowed special use: "Off -track betting (OTB) facility" Section 4. That Title 10, Chapter 7, Article D, Section 2, of the Yorkville City Code, as amended, be and is hereby amended to read as follows: "10 -7D -2: Special Uses: A. Allowed: All special uses permitted in the B -2 district. Amusement park Boat launching ramp Boat rental and storage Daycare centers Stadium B. Prohibited: Off -Track Betting (OTB) Facility" Section S. That Title 10, Chapter 7, Article E, Section 213, of the Yorkville City Code, as amended, be and is hereby amended by adding the following: "Off -Track Betting (OTB) Facility" Section 6. That this Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. i f Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this t'"l day of V4 -- � , A.D. 2010, L ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MIJNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day 2010. MAYOR 2