2014-06-16 - Ordinance 2014-043 - AMENDING THE MUNICIPAL CODENuffiWom
AN ORDINANCE AMENDING
THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the
Illinois Constitution • 1970.
i1OW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK ANX
LAKE COUNTIES, ILLINOIS, as follows:
Section 1. Chapter 2.24, BOARD OF HEALTH & BLOOD COMMISSION, of t
Village of Buffalo Grove Municipal Code is hereby amended with deletions in
stFikethr9uq-h and additions in underline text, so that Chapter 2.24 shall hereafte
provide as follows: "I
Chapter 2.24 BOARD • HEALTH & BLOOD COMMISSION
Sections:
2.24.010 Creation.
2.24.020 Members. quorum and voti
2.24.030 Meetinqs.
2.24.040 Duties.
2.24.020 Members, quorum and voting.
A. The Board of Health & Blood Commission shall consist of up to ten
members.
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B. Notwithstanding Section 2.03.080, four members of the Board shall
constitute a quorum and a majority of the votes cast shall prevail in any action
taken.
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The board shall meet not less than four times a year.
A. The Board of Health & Blood Commission shall have general supervision
of the interests of the health of the people of the Village. The Board of Health &
Blood Commission shall cooperate with and assist the Department of Health of
the state and its duly constituted officers and representatives in enforcing the
rules and regulations for control of communicable diseases promulgated by the
Department, and such other rules and regulations of the state and counties and
Village as may be related to the sanitation and health of the Village. The Board of
Health & Blood Commission of the Village shall have authority to make
recommendations to the Corporate Authorities for the passage of ordinances.
B. The Board of Health & Blood Commission shall work with an approved
Blood Donation facility to coordinate and promote community blood donation
events.
Section 2. Chapter 2.44, ZONING BOARD OF APPEALS, of the Village of Buffalo
Grove Municipal Code is hereby repealed.
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Section 3. Chapter 2.46, PLAN COMMISSION, of the Village of Buffalo Grove
Municipal Code is hereby amended with deletions in strikethrough and additions in
underline text, so that Chapter 2.46 shall hereafter provide as follows:
2.46.010 Created.
2.46.020 Members.
2.46.030 Powers Zoning_ determinations.
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The Planning & Zoning Commission shall consist of up to nine members.
All appointments shall be subject to approval of the Corporate Authorities.
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The Planning & Zoning Commission shall be the commission before which
hearings shall be held for the purpose of hearing proposed amendments
affecting the regulations imposed and the districts created under the zoning
ordinance of the Village. The Planning & Zoning Commission shall also be the
commission before which hearings shall be held for the purpose of hearing
proposed variance requests to the Village Fence Code, Village Sign Code, and
Village Zoning Ordinance. The Planning & Zoning Commission shall also have
those powers provided by law to a plan commission and a board of appeals.
Section 4. Section 2.48.070, Supplier's statement, of the Village of Buffalo Grove
Municipal Code is hereby amended with deletions in strikethrough and additions in
underline text, so that Section 2.48.070 shall hereafter provide as follows:
A. All bidding forms and purchase orders for purchase transactions in excess
of one hundred dollars between the Village and a supplier shall contain the
following provision as one of the terms and conditions of such purchase orders:
The undersigned supplier hereby represents and warrants to the Village of
Buffalo Grove as a term and condition of acceptance of this (bid or purchase
order) that none of the following Village officials is either an officer or director of
supplier or owns five percent (5%) or more of supplier: The Village President; the
members of the Village Board of Trustees; the Village Clerk; the Village
Treasurer; the members of the Planning & Zoning Commission; the Village
Manager; Deputy Village Manager; the heads of the various departments within
the Village. If the foregoing representation and warranty is inaccurate, state the
name of the Village official who either is officer or director of your business entity
or owns five percent (5%) or more thereof.
B. The Village Manager shall promptly notify the Corporate Authorities of any
persons named by suppliers in response to the foregoing inquiry.
Section 5. Section 3.06.020, Filing fees for variations by the Planning & Zoning
Commission, and Section 3.06.030, Filing fees for petitions reviewed by the Planning &
Zoning Commission, of the Village of Buffalo Grove Municipal Code are hereby
amended with deletions in strikethrou and additions in underline text, so that Section
3.06.020 shall hereafter provide as follows:
3.06.010 Payment of fees.
3. 06.020 Filing fees for variations bv the Planninq & Zoninq Commission.
3.06.030 Filina fees for petitions reviewed by the Planning & Zoning Commission.
3.06-040 Recovery of Villaae costs-
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A. All one and two family dwellings:
1. Variations for principal structures—One hundred twenty-five dollars;
2. Variations, other than principal structures—Seventy-five dollars.
B. All multiple family dwellings:
1. Variations for principal structures—One hundred seventy-five dollars;
2. Variations, other than principal structures—One hundred twenty-five
dollars.
C. All business, office/research and industrial buildings:
1. Variations for principal structures—One hundred seventy-five dollars;
2. Variations, other than principal structures—One hundred twenty-five
dollars.
D. To appeal a decision of the Building Commissioner—One hundred
seventy-five dollars.
E. Special uses:
1. Property in R-E through R-7 districts—One hundred dollars;
2. Property in all other districts—Two hundred dollars.
F. Planned unit development (PUD):
1. Amendment—One hundred dollars;
2. New development—Two hundred dollars.
G. Rezoning or variation (if not part of a petition for special use or PUD)—
Two hundred dollars.
H. Zoning text amendment—One hundred dollars.
I. Concept/preliminary plan review (pursuant to development ordinance Section
16.20.0206):
1. Sites five acres or less—One hundred fifty dollars;
2. Plus twenty-five dollars per acre or fraction of an acre for sites larger than five
acres.
J. Engineering review (calculated for each development pursuant to development
ordinance Section 16.20.020F).
Section 6. Section 14.12.020, Permit application procedure, of the Village of Buffalo
Grove Municipal Code is hereby amended with deletions in StFikethFOugh and additions
in underline text, so that Section 14.12.020 shall hereafter provide as follows:
14.12.020 Permit application procedure.
A. Permit application. Application for a permit shall be accompanied by such
information as may be required to assure compliance with all appropriate
ordinances and regulations of the Village, including, but not by way of limitation:
1. Name and address of the owner of the sign; cost of the sign, sign
dimensions and names, address and telephone numbers of contractors.
2. Clear and legible drawings with description definitively showing location of
the sign which is the subject of the permit and all other existing signs whose
construction requires permits, when such signs are on the same premises or
zoning lot;
3. Drawings showing the dimensions, colors, construction supports sizes,
electrical wiring and components, materials of the sign and method of attachment
and character of structural members to which the attachment is to be made. The
design, quality, materials and loading shall conform to the requirements of the
Village. If required, engineering data shall be supplied on plans submitted and
certified by a duly licensed engineer;
4. Permit fees as specified in Section 14.12.030
B. Permit approval procedure. Approval of sign permits shall be governed by
the following procedures and requirements:
1. Following receipt of required permit application materials, a review shall
be undertaken of the proposed signage for compliance with the Village's
Appearance Plan, this Title and the ordinances of the Village.
2. Review shall be undertaken by the Administrator and Village Manager or
designee in accordance with the Village's Appearance Plan and this Title. The
Administrator shall approve all sign permits which meet the scope and intent of
this Title and which require no variances from the provisions of this Title. If a sign
permit is denied, appeal may be made as provided in Section 14.12.050
3. The Administrator shall approve all sign permits for Special Signs which
meet the scope and intent of this Title as provided in Chapter 14.20, and which
require no variations from the provisions of this Title. If a sign permit is denied,
appeal may be made as provided in Section 14.12.050
4. Where sign permits require variance to the provisions of this Title, a
complete review of the proposed signage may be made and transmitted with
recommendations thereon by the Appearance Review Team to the Planning &
Zoning Commission and the Planning & Zoning Commission shall complete a
review of the proposed signage and transmit recommendations to the Village
Board. .
5. The Planning & Zoning Commission shall hear requests for variances in
accordance with Chapter 14.40 of this Title and will forward a recommendation to
the Village Board. If a sign permit requiring a variance is recommended by the
Planning & Zoning Commission to the Village Board and subsequently approved
by the Village Board, the Administrator shall issue a permit. If a sign permit
requiring a variance is denied by the Planning & Zoning Commission, appeal
may be made as provided in Chapter 14.40 of this Title.
C. Permission to install required. No person shall erect, construct or maintain
any sign upon any properly or building without the written consent of the owner,
or their authorized representatives.
Section 7. Section 14.12.050, Appeals, of the Village of Buffalo Grove Municipal Code
is hereby amended with deletions in strikethrou and additions in underline text, so
that Section 14.12.050 shall hereafter provide as follows:
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A. Any person aggrieved by the decision of the Administrator in regard to the
denial of a sign permit shall have the right to appeal to the Village Manager or
designee. Such appeal shall be taken by filing with the Village, within 15 days
after notice of denial, a written statement setting forth the grounds for appeal.
The Village Manager or designee may approve, overrule or modify the decision.
B. Any person aggrieved by the decision of the Village Manager or designee
shall have the right to appeal to the Planning & Zoning Commission. Such appeal
shall be taken by filing with the Village Manager or designee, within 15 days of
notice of denial, a written statement setting forth the grounds for appeal. The
Planning & Zoning Commission may approve, overrule or modify the decision of
the Village Manager or designee.
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Section 8. Section 14.16.010, Residential districts, Section 14.16.020, Office and
research district, Section 14.16.030, Business districts, Section 14.16.040 Industrial
district, and Section 14.16.050, Uniform sign package, of the Village of Buffalo Grove
Municipal Code are hereby amended with deletions in strikethr-ough and additions in
underline text, so that said Sections shall hereafter provide as follows:
Chapter 14.16 LOCATION AND PLACEMENT
14.16.010 Residential districts.
Within any residential district, signs or nameplates are permitted as follows:
A. In Residential Zoning Districts R-E to R-7, for each single-family home or
duplex house, one nameplate not exceeding a combined area of 2 square feet
for each occupancy. Said nameplate shall not be subject to the permit
requirements of this Title.
B. In Multiple-Family Dwelling Districts R-8 and R-9, for multiple-family uses,
one identification sign for each developed parcel, not exceeding 32 square feet in
area and subject to normal permit requirements;
C. For nonresidential uses, one identification sign for each developed parcel
not exceeding a total of 16 square feet in area for all signs and subject to all
permit requirements;
D. Identification signs, bulletin boards and other similar structures for
governmental agencies which may be regulated by the Village are subject to
approval thereof by the Administrator and all permit requirements;
E. All signs shall be placed flat against a building or designed as part of an
architectural feature thereof except that signs may be detached if they do not
exceed a height of 5 feet nor project into any required building setback area.
14.16.020 Office and research district.
Within the Office and Research Zoning District, signs are subject to the following:
A. One identification sign for each developed parcel not to exceed a total of
32 square feet in area for all displays;
B. All signs shall be placed flat against a building or designed as part of an
architectural feature thereof. Signs may also be detached if they do not exceed a
height of 8 feet nor project into any required building setback area.
C. Any occupancy within another occupancy that is under separate
ownership shall not be allowed any ground or wall sign.
14.16.030 Business districts.
Within the Business Districts B-1 to B-5, signs are permitted as follows:
A. One ground sign for the uses of the developed parcel; provided, however,
that all limitations of Chapter 14.16 are applicable;
B. No ground sign shall be located nearer than ten feet to the property line;
C. One wall sign for each occupancy within the developed parcel. Such sign
shall not exceed a total area of three square feet of copy for each lineal foot of
occupant's store frontage or that area of copy permitted in Section 14.16.070,
whichever is the lesser. If such occupancy is on a corner, one wall sign will be
permitted for each face. If the building includes a canopy, each occupant will be
permitted one canopy sign in conformity with Section 14.16.080
D. Any occupancy within another occupancy that is under separate
ownership shall not be allowed any ground or wall sign.
E. No ground sign shall exceed the height, area or setback established in
Section 14.16.060
F. Each outlot in a Business zoned district may be permitted one menu board
per drive thru for food establishments. The menu board may be changed at any
time provided that the copy only features products sold at the place of business.
The size of the menu board shall be limited to fifty square feet, including all
attachments. Electronic screens to display point of sale information are exempt
from electronic message board requirements as set forth in Section 14.20.070
14.16.040 Industrial district.
Within the Industrial District, signs are permitted as follows:
A. One ground sign for each occupant within the developed parcel; provided,
however, that all limitations of Chapter 14.16 are applicable;
B. One wall sign indicating for each occupancy within the developed parcel.
Such sign shall not exceed a total area of three square feet of copy for each
linear foot of building occupancy or that area of copy permitted in Section
14.16.070, whichever is the lesser. If such occupancy is on a corner, one wall
sign will be permitted for each face. If the building includes a canopy, each tenant
will be permitted one under canopy sign in conformity with Section 14.16.080
C. No ground sign shall exceed the height or area established by Section
14.16.060
D. No ground sign shall be located nearer than ten feet to the property line.
E. Any occupancy within another occupancy that is under separate
ownership shall not be allowed any ground or wall sign.
A. The builder, developer, property owner or management company of all
parcels involving multi- tenant or multiple buildings for development or
redevelopment shall submit a Uniform Sign Package. All signs proposed must
promote design compatibility and be harmonious with the architectural features of
the building or development, or for a development where there is to be more than
one building as part of a Developed Parcel.
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A uniform sign package must be approved by the Village before any permits for
individual signs conforming to such sign program shall be issued.
B. Existing signs that were legally installed with an approved sign permit may
remain until they are changed due to a tenant change, cabinet change or
structural change to the sign. New signs installed as replacement must comply
with the approved Uniform Sign Package or approved as a deviation or variation
to the Uniform Sign Package and/or Sign Code.
C. Proposals for Uniform Sign Packages shall be reviewed in accordance
with the Village Appearance Plan.. A report and recommendation pertaining to
the review shall be forwarded to the Planning & Zoning Commission by staff and
subsequently the Village Board for final approval. If the Uniform Sign Package
contains requests for variances to the Sign Code, the Uniform Sign Package will
be reviewed in accordance with the Village Appearance Plan.. Any variation
request and/or appeal may be pursued in adherence to Chapter 14.40 herein.
D. Any Deviations to the Uniform Sign Package shall be reviewed in
accordance with the Village Appearance Plan. A variation or appeal may be
pursued in adherence to Chapter 14.40 herein.
Section 9. Subsection B. of Section 14.20.060, For rent, sale or lease signs, of the
Village of Buffalo Grove Municipal Code is hereby amended with deletions in
strikethrau-qh and additions in underline text, so that said Subsection shall hereafter
provide as follows:
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B. The Administrator may issue a permit for a "For Rent, Sale or Lease" sign
on commercial property in any zoning district provided that it does not exceed 24
square feet. The Administrator may issue a permit for a "For Rent, Sale or
Lease" sign on any property within the Industrial zoning district provided that it
does not exceed 32 square feet. The owner of any permitted "For Rent, Sale or
Lease" sign can apply to have the sign permit renewed on an annual basis for an
annual fee of $50.00.
Section 10. Subsection D.2. of Section 14.20.070, Electronic message signs, of the
Village of Buffalo Grove Municipal Code is hereby amended with deletions in
strikethrouah and additions in underline text, so that said Subsection shall hereafter
provide as follows:
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a. Signs shall not display any video, animation or moving pictures or simulate
any movement or the optical illusion of movement of any part of the sign text,
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design or pictorial segment, including the movement of any illumination or the
flashing or varying of light intensity.
b. The Electronic message sign shall be equipped with both a programmed
dimming sequence as well as an additional overriding mechanical photocell that
adjusts the brightness of the display to the ambient light at all times of day. Such
programming and mechanical equipment shall be set so that the Electronic
message sign, at night or in overcast conditions, will be no more than 40% of the
daytime brightness level.
Section 11. Section 14.40.010, Variance, Conditions for granting, Section 14.40.030
Notice of hearing, Section 14.40.040, Hearings, Section 14.40.050, Hearing minutes
and decision, and Section 14.40.060, Appeals, of the Village of Buffalo Grove Municipal
Code is hereby amended with deletions in strikethFou and additions in underline text,
so that said Sections shall hereafter provide as follows:
Chapter 14.40 VARIANCES AND APPEALS
Sections:
14.40.010 Variance, Conditions for granting.
A. Except for Prohibited signs (Chapter 14.32), the Village Planning & Zoning
Commission may recommend approval or disapproval of a variance from the
provisions or requirements of this Title subject to the following:
1. The literal interpretation and strict application of the provisions and
requirements of this Title would cause undue and unnecessary hardships to the
sign user because of unique or unusual conditions pertaining to the specific
building, parcel or property in question; and
2. The granting of the requested variance would not be materially detrimental
to the property owners in the vicinity; and
3. The unusual conditions applying to the specific property do not apply
generally to other properties in the Village; and
4. The granting of the variance will not be contrary to the purpose of this Title
pursuant to Chapter 14.04.020 of this Title.
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B. Where there is insufficient evidence, in the opinion of the Planning &
Zoning Commission, to support a finding under subsection A. of this section, but
some hardship does exist, the Planning & Zoning Commission may consider the
requirement fulfilled if:
1. The proposed signage is of particularly good design and in particularly
good taste; and
2. The entire site has been or will be particularly well landscaped.
C. In recommending approval of a sign permit requiring a variance, the
Planning & Zoning Commission may attach thereto such requirements regarding
the location, character and other features of the proposed sign as it may deem
necessary to carry out the spirit and purpose of this Title in the public interest.
D. No variance shall be valid for a period longer than 6 months unless a
permit is obtained within such period and such erection or alteration is started
and proceeds to completion in accordance with the terms of such permit.
E. Where the existing sign approved by variance is removed, replaced or
altered structurally this shall operate as a termination of the variance and the sign
thereafter shall conform to the provisions and requirements of this Title or a new
variance request applied for. Changes or replacement to the face of an existing
sign approved by variance shall not operate as a termination of the existing
variance.
The Planning & Zoning Commission shall hear variances when a completed
application, and all supporting documentation, is submitted not less than 21 days
prior to the scheduled hearing.. Notice of the hearing on the requested variance
shall be given by the Planning & Zoning Commission, not less that 15 days and
no more than 30 days prior to the hearing, to:
A. The applicant, in writing, at the address given on the request;
B. The Administrator, in writing;
C. The public by posting a copy of the notice of hearing in a conspicuous
place within the Village Hall;
D. The public by posting a sign in a conspicuous place on the property
concerned;
E. Property owners of record within 250 feet by mail;
F. By legal notice published at least once in one or more approved
publications. Such notices shall be in a form prescribed by the Planning & Zoning
Commission and shall set forth the time, place and purpose of the hearing.
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All hearings of the Planning & Zoning Commission shall be open to the public
and those in attendance shall be afforded an opportunity, the length and
requirements of which shall be prescribed by the Planning & Zoning Commission,
to speak on the requested variance and to cross examine witnesses. The
applicant and Administrator shall be afforded an opportunity to address the Board
on the requested variance. Any party or interested person may be represented
by another at the hearing. Any written statements submitted, either prior to or at
the meeting, shall be made part of the record.
14.40.050 Hearing minutes and decision.
The Planning & Zoning Commission shall keep minutes of its proceedings and
shall cause to be kept a record of the hearing together with its findings of fact in
support of that decision, all of which shall be open to public inspection. Copies of
decisions on applications for variances shall be mailed or delivered to the
applicant and to persons filing objections.
14.40.060 Appeals.
An appeal of any Planning & Zoning Commission decision may be taken by any
person in attendance at the meeting or any person who has submitted a written
objection to the Corporate Authorities. A written request for appeal must be
served on the Administrator within 15 days of the decision.
Section 12. Section 14.40.080, Variances by the plan commission, of the Village of
Buffalo Grove Municipal Code is hereby repealed.
Section 13. Section 15.20.110, Variance — Authority to grant, Section 15.20.120,
Variance-Public hearing, Section 15.20.130, Variance-Decision-Appeal, and Section
15.20.140, Variance-Golf course lots, of the Village of Buffalo Grove Municipal Code are
hereby amended with deletions in strikethFou and additions in underline text, so that
Sections 15.20.110, 15.20.120, 15.20.130, and 15.20.140 shall hereafter provide as
follows:
A. The Planning & Zoning Commission or the Corporate Authorities may
approve variations to this Chapter (except Section 15.20.050) where sufficient
evidence has been provided that all of the following criteria have been met:
1. The plight of the owner is due to unique circumstances;
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2. The proposed variation will not alter the essential character of the
neighborhood;
3. There are practical difficulties or particular hardships in carrying out the
strict letter of this Chapter which difficulties or hardships have not been created
by any person presently having an interest in the property; and
4. The proposed variation will not be detrimental to the public health, safety
and welfare.
B. Conditions and restrictions may be imposed upon the subject property,
and on the fence location, construction, and design as may be necessary or
appropriate to comply with the foregoing criteria and to protect adjacent property
and property values.
The Planning & Zoning Commission or the Corporate Authorities shall hold a
public hearing on such application upon publication of notice in a newspaper or
general circulation and posting of said notice on the subject property. Such
notices shall be published and posted not less than fifteen days nor more than
thirty days prior to the hearing. In addition to said publication and posting, a
written notice shall be given to each contiguous property owner within the same
time limitation. The applicant shall furnish the Village with contiguous names and
addresses.
An appeal from a decision of the Planning & Zoning Commission may be taken to
the Corporate Authorities by:
A. Any property owner(s) notified pursuant to Section 15.20.120
B. Any other property owner(s) residing within the Village who appeared and
objected at the public hearing; or
C. An applicant if their request was denied.
Such appeal shall be taken by filing a written objection within fifteen days of final
action of the Planning & Zoning Commission with the Zoning Administrator. The
appeal shall be set for a hearing before the Corporate Authorities as it shall
select, and then ten days' written notice shall be given to the objector. The
Corporate Authorities may approve, overrule or modify the decision of the
Planning & Zoning Commission.
T-Mr-T-70-337"
A. The Corporate Authorities, after a public hearing is held and a
recommendation is made by the Planning & Zoning Commission , may determine
and vary the application of Section 15.20.050, if evidence presented
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demonstrates that the plight of the owner is due to unique circumstances and the
proposed variation will not alter the essential character of the neighborhood.
B. Conditions and restrictions may be imposed upon the subject property, the
location, the construction, design and use of the property benefited by such a
variation as may be necessary or appropriate to comply with the foregoing
criteria and to protect adjacent property and property values.
Section 14. Section 16.10.040, Application and interpretations, and Section
16.10.050, Variations and exceptions, of the Village of Buffalo Grove Municipal Code
are hereby amended with deletions in GtFikethreu and additions in underline text, so
that Sections 16.10.040, and 16.10.050 shall hereafter provide as follows:
i M-PRIZILI =Ip P TUOMM
A. Whenever any person requesting or performing development of land, or
subdivision of land, or wherever any land shall hereafter be laid out within the
jurisdiction of this Title, the developer or owner shall submit a concept plan, a
preliminary plan, and a development plan to the Village. Said plans, proposed
improvements, and all procedures relating thereto, shall in all respects be in full
compliance with this Title.
B. No portion of a lot, tract, parcel of land, or development area shall be sold,
conveyed, divided into two or more lots, parcels or tracts, subdivided or filed for
record, nor any street or thoroughfare laid out, nor any public or private
improvements made to the land until the concept plan, preliminary plan,
development plan, and other supporting documents have been approved by
action of the Corporate Authorities.
C. No improvements, such as but not limited to sidewalk, water supply and
distribution, stormwater drainage and detention, sewerage or lighting facilities,
grading, paving, or surfacing of streets, shall hereafter be made within or
adjacent to the limits of any such development or redevelopment of land by any
owner or owners or his/her or their agents at the request of such owner or
owners or his/her or their agent until a plat for the subdivision and also the plans
for improvements thereto have been formally recommended by the Planning &
Zoning Commission and approved by the Corporate Authorities.
D. Where a tract of land proposed for development is part of a larger, logical
subdivision unit in relation to the Village as a whole, the Corporate Authorities
may cause to be prepared or may require the owner or developer to prepare a
proposed plan of the entire area; such plan to be used by the Planning & Zoning
Commission and the Corporate Authorities as an aid in evaluating the concept
plan, the preliminary plan and development plan in relationship to the realization
of the Official Plan.
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E. All interpretations of this Title are reserved to the Corporate Authorities
and administrative bodies referred to in this Title.
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A. The Corporate Authorities may vary and make exceptions to this Title
where there is sufficient evidence, in its opinion, that these regulations, if strictly
adhered to, would cause unnecessary hardship because of topographical or
other conditions peculiar to the site, and that such variance may be made without
destroying the intent of this Title.
B. Unless otherwise directed by the Corporate Authorities, all requests for
variations shall be reviewed by the Planning & Zoning Commission which may
recommend a variance or modification to the Corporate Authorities.
C. The Corporate Authorities may impose such conditions and restrictions
upon the variation as may be necessary or appropriate to carry out the spirit and
purpose of this Title in the public interest and to protect adjacent property and
property values.
D. Requests for variations shall be made in writing upon forms developed by
the Village for that purpose, and any variance or modification thus authorized
shall be attached to and made a part of the development plan.
E. The Corporate Authorities or the Planning & Zoning Commission shall
hold a public hearing on the variation request. Said hearing may be held in
conjunction with any other public hearing required for the development. The
variation applicant shall provide notice of the hearing pursuant to Section
17.64.030 of the Village Municipal Code.
Section 15. The definition of "Plan Commission" in Section 16.10.070, Definitions, of
the Village of Buffalo Grove Municipal Code is hereby amended with deletions in
strikethreu(ffi and additions in underline text, so that said definition in Section 16.10.070
shall hereafter provide as follows:
16.10.0 70 Definitions
"Planning & Zoning Commission" means the Planning & Zoning Commission of
the Village.
Section 16. Section 16.20.010, Pre-application procedure, Section 16.20.020,
Preliminary plan filing procedure, Section 16.20.030, Preliminary plan requirements,
Section 16.20.040, Preliminary plan approval procedure, Section 16.20.080, Plat filing
procedure, Section 16.20.090, Plat requirements, Section 16.20.100 Plat approval
procedure, Section 16.20.105, Administrative subdivisions, and Section 16.20.120,
Retention of plat, of the Village of Buffalo Grove Municipal Code are hereby amended
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with deletions in stFikethFou and additions in underline text, so that said Sections shall
hereafter provide as follows:
Chapter 16.20 SUBDIVISION PLAT AND DEVELOPMENT PLAN
APPLICATION PROCEDURE
R -TIT M_
A. Staff Pre-application Conference. Prior to the filing of an application for the
approval of a preliminary plan, the developer or owner of land shall schedule a
pre-application conference to informally discuss the proposed development of
land with the Village Manager or his/her designated representative. This
permissive procedural step does not require a formal application, fee, or filing of
a plan.
1. Purpose. The purpose of the pre-application conference is to afford the owner,
developer, and their consultants an opportunity for the advice and assistance of
the Village concerning the procedures, standards, specifications, and other
documentation required by this Title for the preparation of a preliminary plan and
plat for the proposed development of land. The pre-application conference is
intended, but not limited, to provide for the clarification of interpretations,
avoidance of misunderstandings, and development of liaison in order to expedite
the development of land while minimizing the expenditure of time and financial
resources of the owner, developer, and Village.
2. Request for Conference. The request for a pre-application conference should
be made by the owner or developer to the Village not less than 15 days prior to
the date proposed for the conference. An electronic copy (PDF) of the conceptual
sketch plan, at the time of request, shall be delivered to the Village for the pre-
application conference.
B. Village Board Pre-Application Conference. If it is determined by the Village
Manager or his/her designated representative that the Village Board should
review a proposed development on a pre-application basis, a conference with the
Village Board will be scheduled. An electronic copy (PDF) of the concept plan
shall be submitted to the Village Manager or his/her designated representative
not less than ten days prior to the date of the Village Board Pre-Application
Conference.
C. Upon completion of the pre-application conference with Village staff and/or
the Village Board, the owner or developer may file an application for approval of
a preliminary plan.
i ;;Jllio�l I III i i - •
A. Any owner or developer of land wishing to develop said land, or wishing to
dedicate streets, alleys, or other lands for public use, shall submit to the Village
Planner an application for approval of a preliminary plan, on forms provided by
the Village, accompanied by one electronic copy (PDF) and fifteen hard copies of
a concept plan.
Im
B. A proposed development may be reviewed by the Village Board for
consideration of referral to the Planning & Zoning Commission. Said referral may
be required in certain cases including, but not limited to, applications that:
1. Propose development not consistent with the Village Comprehensive
Plan;
2. Require amendment of Village standards and regulations including the
Development Ordinance and Zoning Ordinance, or require substantive variations
of Village ordinances; and,
3. Propose development with significant potential impact in terms of traffic
management, land use compatibility, density or intensity of uses or stormwater
management.
C. The concept plan and supporting documents shall be filed at least 15 days
before a regular meeting of the Corporate Authorities.
The concept plan and application shall specify the intent of the owner or
developer with respect to land use, drainage, sewerage, water supply and street
improvements. The concept plan shall contain the following information (unless
otherwise directed by the Village): Title, developer's name, preparer's name, date
of plan preparation, scale, northpoint, location map, character of the area
contiguous to the site (including structures, driveways, streets, right -of -ways,
sidewalks and bicycle paths), boundary lines of the site, dimensions of the site,
area of the site (acreage and square footage), the total gross floor area of
proposed buildings, the proposed F.A.R. (floor area ratio), the lot coverage ratio
of buildings, the location of existing and proposed buildings, the location of
parking areas, the number of parking spaces, the percent of site area covered by
parking areas, the location of proposed right -of -ways, streets, driveways,
sidewalks and bicycle paths, the location of proposed ground signs, refuse
disposal areas, fences, and other free - standing structures, the location of
recreational areas and facilities, the percentage of the site to be maintained as
open space and stormwater detention areas, and the location and dimensions of
all required setbacks.
For residential developments, the number of dwelling units, number of stories
and bedroom mix shall be provided. The concept plan shall include a site data
table summarizing information depicted on the plan. The concept plan shall
include a note stating: "Signs and fences depicted on this Plan are not approved
and are subject to review and approval by the Building Commissioner, and if
necessary, the Planning & Zoning Commission, subject to applicable
ordinances."
D. Coincident with the submittal of the concept plan and application, the owner or
developer shall pay a concept plan filing fee and make an initial escrow deposit
17
for the Village's recoverable costs for review of the development. The concept
plan filing fee shall be one hundred fifty dollars plus twenty-five dollars for each
acre or fraction thereof in excess of five acres, not to exceed one thousand
dollars for all developments. The concept plan filing fee and initial escrow deposit
for recoverable costs shall be tendered to the Village in the form of either a
certified check, cashiers check, or money order made payable to the order of the
Village of Buffalo Grove. There shall be no refund of any portion of the concept
plan filing fee.
E. The Village Planner will schedule staff review and if necessary a workshop by
the Planning & Zoning Commission to review the concept plan. The Village
Engineer, or his/her designees, will confer with the owner or developer and the
Planning & Zoning Commission in the review of the standards and specifications
for the design and construction of all improvements as are required by this Title.
F. The Planning & Zoning Commission may conduct a workshop meeting on the
concept plan. The developer shall submit a Tree Survey and Preservation Plan
along with the concept plan. If any revisions are required by the Planning &
Zoning Commission or Village Staff, the developer shall revise the concept plan
accordingly. The Planning & Zoning Commission will determine the necessary
number of workshops or if the project may proceed to a public hearing. A project
may proceed to hearing without a workshop as determined by staff.
G. The developer shall contact the Village Planner to review the revised concept
plan and further discuss the contribution to the park, school, and library districts.
The Village Planner will further review the concept plan with the appropriate
departments and agencies.
H. A public hearing by the Planning & Zoning Commission will be scheduled
once the above requirements in this section are met following the developer's
submittal of all necessary information for the preliminary plan and its supporting
documents. One electronic copy (PDF) and fifteen hard copies of the preliminary
plan will be required at the time of preliminary plan submittal, prior to the
Planning & Zoning Commission workshop or public hearing. All plans and
documents, including a list of all variations requested of Village ordinances, shall
be submitted at least 21 days prior to the date of the public hearing. At the time
of the preliminary plan submittal, the developer shall pay to the Village a Public
Hearing fee and an Engineering Review fee of one percent of the total estimated
cost of construction of all improvements required pursuant to this Title. Said fees
and additional escrow funds for Village recoverable costs (if necessary) shall be
tendered to the Village in the form of either a certified check, cashiers check, or
money order made payable to the order of the Village of Buffalo Grove. There
shall be no refund of the public hearing or Engineering Review fees.
I. If the developer does not submit required documents for each successive
workshop within six months of the previous Planning & Zoning Commission
workshop, or does not submit required documents for the public hearing within
six months of the Planning & Zoning Commission workshop which indicates the
project is ready for public hearing, the Corporate Authorities may require the
18
proposed development to be re-submitted to the Village Board for
reconsideration of referral to the Planning & Zoning Commission.
J. Notice of the public hearing shall be provided pursuant to Section
17.64.030 of the Village Municipal Code.
K. The Planning & Zoning Commission and Village Engineer shall undertake
a review of the preliminary plan for general compliance with the comprehensive
plan, this Title, and other applicable ordinances as a basis for recommending
approval or disapproval of the preliminary plan.
K. If a preliminary plan has been previously approved for a property, the Village
Manager shall have the authority to review and approve improvements
administratively, or submit to the Village Board for approval as a minor change.
A. Content of Preliminary Plan. The preliminary plan may be drafted on
separate sheets to clearly delineate various elements of the plan including
zoning, landscaping and engineering information.
The preliminary plan shall also show the following:
1. The proposed name of the development.
2. A statement immediately under the proposed name of the development
that reads: "Preliminary Plan, Not To Be Recorded."
3. Locations by section, township and range, or by any other legal
description.
4. Names and addresses of the owner or developer.
5. Name, address, and seal of the engineer under whose directions the
preliminary plan was prepared.
6. Scale of the plan, one inch equals one hundred feet or larger.
7. Date of plan preparation, including all subsequent revisions.
8. North point.
9. Boundary line of proposed development area indicated by a solid heavy
line.
10. Total approximate acreage encompassed within the boundary line.
11. A site data table summarizing information including floor area ratio and lot
coverage of all buildings and structures; residential net and gross density and
bedroom unit; the percentage of the site area allocated for open space,
stormwater detention, and parking areas; and calculation of required and
provided off-street parking spaces.
12. All required zoning setbacks and, if applicable, distances between
buildings.
i V
13. A conceptual landscaping plan.
14. The location of proposed ground signs, refuse disposal areas, fences and
other freestanding structures, and the location of recreational areas and facilities.
15. A note stating: "Signs and fences depicted on this Plan are not approved
and are subject to review and approval by the Building Commissioner, and if
necessary, the Planning & Zoning Commission, subject to applicable
ordinances."
16. The location, widths and names of all existing or prior platted streets or
other public ways, railroad and utility rights-of-way, parks and other open spaces,
permanent buildings and structures, houses or permanent easements, section
lines, and corporate limit lines within one hundred fifty feet of the development.
17. Location of all existing storm and sanitary sewers, field-drains, water
mains, wells, springs, culverts, septic tanks, or other surface features and
underground facilities within one hundred fifty feet of the development and
indicating the pipe sizes, grades, manholes, and their exact locations.
18. Boundary lines of all adjacent tracts of developed or undeveloped land,
showing ownership where possible.
19. Existing zoning of the development area and all adjacent tracts.
20. Contours at one foot intervals within one hundred fifty feet of the
development.
21. Layout of streets, alleys, and widths of rights-of-way.
22. The layout and widths of pedestrian ways or bike paths, public service
easements and emergency access lanes for police and fire services.
23. Any existing and proposed deed restrictions and the expected date of
development.
24. The location and extent of all wetlands, as determined by competent
wetlands evaluation personnel; but as a minimum, shall show those areas
indicated on the National Wetland Inventory prepared by the'U.S. Department of
the Interior, Fish and Wildlife Service.
25. The layout, numbers, and dimension of lots and, if requested by the
Village, building locations.
26. Parcels of land intended to be dedicated or temporarily reserved for public
use or set aside for use of property owners in the development area.
27. Building setback lines indicating distance from right-of-way. Provision of
public utility easements where alleys are not provided.
28. Flow lines of streams and other surface water channels and their normal
shorelines.
29. The shorelines for one hundred year flood crest elevations as established
from the Village's Flood Plain Ordinance.
20
30. The normal shorelines of lakes, ponds, swamps and other detention
basins.
31. Preliminary layout of grading and drainage showing the approximate
method of lot drainage and street drainage throughout the subdivision.
32. Preliminary layout of sanitary sewerage facilities showing treatment
facilities, depths and gradients of sewers, and other pertinent information
concerning the sanitary sewer system.
33. Preliminary layout of water mains, showing sizes and location of mains,
valves, fire hydrants, and other appurtenances.
34. Preliminary layout of storm sewers, showing locations, sizes, gradients,
and depths of all storm sewers and drainage swales and open channels.
35. Preliminary layout of streets, showing cross section and grades and
gradients of all streets proposed within the subdivision.
36. The location of soil borings, as required by the Village Engineer.
37. A statement concerning the materials to be used in the construction of
improvements.
The preliminary plan shall be prepared on durable mylar or linen, and the size of
the preliminary plan shall be twenty-four inches by thirty-six inches unless
otherwise approved by the Village Engineer.
B. Preliminary Plan Supporting Documents. The owner or developer of land
proposing to submit a preliminary plan shall provide, but not by way of limitation,
the following supporting documents:
1. Preliminary transportation studies, prepared by an engineer. The
developer shall pay the costs incurred by the Village in the preparation of any
traffic impact analysis.
2. A fiscal impact analysis, if requested by the Village.
3. Water main, storm sewer, sanitary sewer, and detention capacity and
loading calculations, prepared by an engineer.
4. Preliminary soils and subsurface investigation report, prepared by an
engineer.
5. The required Natural Resource Opinion from either the North Cook County
or Lake County Soil Conservation District.
6. Preliminary estimate, prepared by an engineer, of the cost of constructing
all required improvements.
7. Any pre-application conference documentation requested by the Village.
ir*ZI 11 M�11 �11
21
Approval of the preliminary plan shall be governed by the following procedures
and requirements:
A. The Planning & Zoning Commission shall recommend to the Corporate
Authorities approval or disapproval of the preliminary plan within one hundred
twenty days from the date of filing by the developer of the last item required to
complete the preliminary plan and supporting document submittal, unless such
time is extended by mutual consent of the developer and the Planning & Zoning
Commission.
B. No preliminary plan will be approved for the development of land which is
subject to periodic flooding or which contains extremely poor drainage
characteristics which could not be improved to provide proper drainage of the
land. However, if the developer agrees to make the needed improvements which
will make the area of development safe for human occupancy and demonstrates
that the proposed drainage is in conformance with this Title and all other Village
ordinances, then the preliminary plan may be considered for approval.
C. Once the preliminary plan is recommended for approval or disapproval by
the Planning & Zoning Commission, the Planning & Zoning Commission shall
forward their recommendation and the preliminary plan to the Corporate
Authorities.
D. The Corporate Authorities shall accept or reject the preliminary plan within
ninety days after its next regular scheduled meeting following the action of the
Planning & Zoning Commission.
E. The recommendation for approval by the Planning & Zoning Commission
and the approval by the Corporate Authorities of a preliminary plan are strictly
tentative and merely indicate the general acceptability of the plan submitted.
Preliminary plan approval shall not qualify the plan for recording.
16.20.080 Plat filing procedure.
A. The developer of land shall make applications for plat approval to the
Village Engineer, together with the plat in such quantity as may be necessary for
review and establishing compliance with this Title.
B. Phasing may be permitted as provided in Section 16.20.045B.
C. Subsequent to the Village Engineer's review and recommendation, the
Village Planner shall transmit copies of the plat to the Planning & Zoning
Commission for review and recommendations concerning the approval.
D. The developer shall at the time of filing application for plat approval pay to
the Village Clerk, in the form of a certified check, cashier's check, or money order
payable to the order of the Village, the following fees:
1. An engineering review and inspection fee in the amount of three and one-
half percent of the total estimated cost of all improvements, both public and
private, governed by this Title, less the amount of the engineering review fee,
paid pursuant to Section 16.20.020
22
2. A one dollar per lineal foot inspection fee for storm and sanitary sewer
television inspections. If a developer is capable of performing his/her own
television inspections, and does so under Village supervision, and submits to the
Village a written and videotaped television report in a form and of a quality
acceptable to the Village, this fee will be refunded after the reports are reviewed
and found acceptable.
3. A pavement evaluation fee in the amount of fifteen cents per lineal foot for
streets and fifteen cents per square yard for parking lots.
4. All other fees and deposits required pursuant to Village ordinances.
16.20.090 Plat requirements.
A. Contents of plat. The plat shall, but not by way of limitation, contain the
following:
1. The name of the development.
2. Location by section, township and range, or by any other legal description.
3. Scale of one inch equal to one hundred feet or larger, shown graphically.
4. Date of plat preparation and any subsequent revisions.
5. Northpoint.
6. Boundary of plat indicated by heavy solid line, based upon an accurate
traverse with angles and bearings shown to the nearest second of arc and lineal
dimensions in feet and hundredths.
7. The total acreage contained within the plat boundary.
8. Exact location, width and names of all streets within and adjoining the plat,
and the exact location and widths of all pedestrianways or bikepaths. Streets that
are obviously in alignment with others already existing and named shall bear
names of existing streets.
9. True angles and distances to the nearest established street lines or
permanent monuments (not less than three) which shall be accurately described
on the plat.
10. All township, county or section lines accurately tied to the boundary lines
of the tract by distances and angles.
11. All radii, internal angles, points of curvature, tangent bearings and lengths
of arcs.
12. The location of all easements, right-of-ways and emergency access lanes
for police and fire services provided for public services and utilities.
13. All lot numbers and lines with accurate dimensions shown in feet and
hundredths including lot width at the required front building setback line and the
area of all lots.
23
14. The location of all permanent monuments, constructed substantially as
shown in Exhibit No. 101, which shall be placed at all corners, each end of all
curves, at the point where a curve changes its radius, at all angle points in any
line and at all angle points along a meander line that occur along the boundary of
the area of the preliminary plan. Additional permanent monuments shall be
located at remote locations on corners of each area which will be individually
platted so as to provide a minimum of two permanent monuments on corners of
each platted area. All lot corners and points where curve radii change which are
not marked by permanent monuments shall be marked by iron pipes at least
twenty-four inches in length and not less than three-quarters inch in diameter.
The top of the pipe is to be visible above the established grade of the ground
prior to initial acceptance.
15. Dimensionally accurate outlines and legal descriptions of any areas to be
dedicated or reserved for public use, and of any area to be reserved by deed
covenant for common uses of all property.
16. Building setback lines indicated by dimension.
17. Any restrictive covenants which meet with the approval of the Corporate
Authorities.
18. A summary of all restrictions applicable to any part of the tract relating to
building restrictions, use restrictions, building lines or otherwise.
19. Written approvals, certifications, endorsements and other required
stipulations including:
a. Approvals and certifications
Zoning Commission, Village Clerk,
shown on Exhibit No. 102.
by the Corporate Authorities, Planning &
and the Village Engineer substantially as
b. Certification by the County Clerk substantially in the form shown on Exhibit
No. 103, and other county approvals, if any.
C. Dedication of all public lands and public easements by the owner of the
property platted, mortgagees of record, trustees of record, or any other party
having interest therein, and each of them notarized, substantially in the form
shown on Exhibit No. 104.
d. Certification of the Registered Illinois Land Surveyor substantially in the
form shown on Exhibit No. 105.
e. Easement provisions for various public utilities and acceptance thereof
substantially in the form shown on Exhibit No. 106.
f. Easement provisions for electronic sounds and signals substantially in the
form shown on Exhibit No. 107.
9- General easement provisions for the Village of Buffalo Grove substantially
in the form shown on Exhibit No. 108.
B. Plat Supporting Documents. Supporting documents accompanying the
plat shall consist of, but are not limited to, the following:
24
1. A study or studies which shall show topographically, and by profile, the
elevation of land prior to commencement of any change of any elevations as a
part of any phase of any development, and additionally, if it is contemplated that
such elevations, or the flow of surface water from such land will be changed as a
result of any portion of the development, then such study or studies shall show
such proposed changes in the elevations of the land and in the flow of surface
water from the land. Where applicable, the topographical study or studies shall
be prepared as overlays of the same scale and size as the plat. These
topographical and profile studies shall have on their face the certification of an
engineer and the owner of the land, or his /her duly authorized attorney, to the
effect that to the best of their knowledge and belief, the drainage of surface water
will not be changed by the construction of the proposed development of the area
of the plat, or that if such surface drainage water will be changed, adequate
provision has been made for the collection and diversion of these surface waters
into public areas, or drains which the owner or developer has right to use, and
that such surface water will not be deposited on the property of adjoining
landowners in such concentration as may cause damage to the adjoining
property because of the construction of the development.
2. The written opinion of the affected Soil and Water Conservation Service
District.
3. Complete documents, including but not limited to, plans and specifications
describing the size, kind, and quantity of items which shall be used in the
construction of improvements to the standards set forth by this Title and bearing
the seal of the engineer under whose direction they were prepared.
4. Copies of all design computations prepared by the developer's engineer for
drainage and sewerage facilities, storm sewer detention facilities, water system
main sizing and fire flow determination, structural design strength and design
loading for all water, sewer and drainage conduits and the structural design for all
streets, alleys, and parking areas.
5. A detailed cost estimate for the construction of all improvements, both public
and private, prepared by the engineer.
6. A completed permit application for water and sewer system construction on
forms prepared by the IEPA and the MWRD (Cook County only) or from such
other governmental agencies as may review and approve construction elements
of the proposed development.
7. Completed copies of the Village's Development Improvement Agreement.
8. Posting of the required financial security for the Development Improvement
Guarantee in accordance with Section 16.20.130
9. A written statement from the local postmaster approving the names of the
proposed streets and of the proposed system of postal addresses along such
streets.
10. Any other support documents that may have been requested by the
Corporate Authorities, Planning & Zoning Commission, or Village Engineer.
25
16.20.100 Plat approval procedure.
A. The Corporate Authorities shall take action concerning the approval of the
plat within one hundred twenty days from the date of filing the last required item
of the development plan or within one hundred twenty days from the date of filing
the application for plat approval, whichever is later.
B. The Planning & Zoning Commission and Village Engineer, after reviewing
the plat and supporting documents, shall indicate their approval by signing the
plat in the places provided and forwarding same to the Corporate Authorities.
Neither the Planning & Zoning Commission's nor Village Engineer's approval
shall be deemed to constitute or affect an acceptance by the public of any
dedication of any portion of the premises marked or noted on such plat as being
donated or granted to the public.
C. Upon receipt of the plat and upon motion, a majority vote of the Corporate
Authorities then holding office is required for approval.
D. Upon plat approval, the Village President and the Village Clerk shall sign
the statement on the plat denoting the Corporate Authorities' approval and advise
the developer to record the plat with the Recorder of Cook County or Lake
County within two months following the date of plat approval.
E. If the developer fails to record the plat within two months, the plat shall
automatically and without further notice or action become null and void.
F. The developer shall secure all required permits from other public agencies
and shall secure such other signatures as may be required in the spaces
provided on the plat prior to recording.
16.20.105 Administrative subdivisions.
A. Administrative Subdivisions may be allowed and approved by the Village
Manager or designee, without a public hearing or review by the Planning &
Zoning Commission, as follows:
1. A determination by the Village Manager or designee that an application for
subdivision meets the criteria for an Administrative Subdivision, as determined by
this Section;
2. The two or more lot lines sought to be altered by a split, consolidation or
lot line adjustment are adjoining and contiguous;
3. The properties are held by a common owner or if held by two owners,
each owner of the property has provided, in writing, an application for an
Administrative Subdivision;
4. Lots must meet all applicable standards concerning zoning and access;
and
5. The subdivision will not result in a non-conforming lot or lots.
B. For Administrative Subdivisions the Village Manager or designee may
waive the requirements for parkway trees, sidewalk installation and water/sewer
26
connections if in the Village Manager's or designee's opinion such requirements,
if strictly adhered to, would cause unnecessary hardship.
C. The Village filing fee for an Administrative Subdivision is one hundred
dollars.
D. The petitioner for an Administrative Subdivision shall comply with the
requirements of Section 3.06.040, Recovery of Village Costs, of this Code,
except that the advance estimate set forth in Subsection 3.06.040D.1. shall be
five hundred dollars.
i M-ZINK11104MIlt 4 1=6 171 M
All plats, after the same have been submitted, approved, and recorded as
provided for in this Title, shall be retained by the Village Clerk among the records
of the Village with one copy being forwarded to the Village Planner and the
Village Engineer.
Section 17. Section 16.30.020, Land dedication for public use and library donations,
and Section 16.30.070, Residential block standards, of the Village of Buffalo Grove
Municipal Code are hereby amended with deletions in StFikethrough and additions in
underline text, so that said Sections shall hereafter provide as follows:
As a condition of approval of a development plan or plat, each owner or
developer will be required to dedicate land for park and recreational purposes
and land for school sites, or cash contribution in lieu of actual land dedication, or
a combination of both, at the option of the Village, and make a cash contribution
to provide adequate library facilities. The developer shall conform to the
requirements of Title 19 as amended. The location of the areas shall be referred
to the Planning & Zoning Commission in conjunction with the submittal of the
preliminary plan and the areas shall be appropriately marked on the plat prior to
approval of the plat.
A. The maximum length of residential blocks is eighteen hundred feet. Blocks
over eight hundred feet may require a pedestrian way or bike path easement or
right-of-way where required, or bike path pavements not less than eight feet in
width shall be provided at the approximate center of the block. The use of
additional pedestrian ways or bike paths in any instance to provide safe and
convenient access to schools, parks, or other similar destinations may be
recommended by the Planning & Zoning Commission and required by the
Corporate Authorities.
27
B. No specific rule concerning the shape of blocks is made, but blocks must
fit easily within the platted area and their design must evidence consideration of
lot planning, traffic flow, and public areas.
Ifilummufflen=
16.50.080 Sidewalks-, driveway aprons. and driveways.
16.50.090 BikeDaths.
16.50.100 Street lighting system.
16-50.110 Sianaae.
16.50.120 Landscaping.
16.50-130 Lot arading.
16.50.140 Public utilities.
16.50.150 Parkinq lots.
16.50.160 Protection and restoration reauirements.
16.50.060 Water distribution system.
C. 3. Fire Hydrants (Exhibit No. 401).
a. Waterous Pacer Model WB67-250, AWWA C502, painted fire engine red
above ground, with auxiliary gate valve.
W
b. Valve size, fifty-three inch, counter clockwise to open.
c. Nozzles, two at two and one half inches, one at four and one half inches,
with threads conforming to National Standard Specifications.
d. Frangible section (breakaway type) with the break line flange located one
inch above finished grade.
e. Joint end, six inch, mechanical or push-on.
16.50.070 Pavements.
A. General. The arrangement, character, extent, width, grade and location of all
streets to be dedicated to the public, all parking lots and all private streets shall
be compatible and complementary to existing and planned streets, to reasonable
circulation of traffic within any development and adjoining lands, to topographical
conditions, to runoff of stormwater, to public convenience and safety, and in their
relations to the proposed uses of the area to be served. All traffic intersections
and confluences must encourage safe and efficient traffic flow.
B. Design References. All pavements shall be designed and constructed in
accordance with the following references as they apply:
1. "Standard Specifications for Road and Bridge Construction," Illinois Department
of Transportation, latest edition.
2. "Manual for Structural Design of Portland Cement Concrete Pavement," Illinois
Department of Transportation, latest edition.
3. "Manual of Instructions for the Structural Design of Flexible Pavements on
Projects Involving MFT, FAS and FAUS Funds," Illinois Department of
Transportation, latest edition.
4. "Design Manual," Illinois Department of Transportation, latest edition.
C. Pavement Design Requirements.
1. Pavement design shall relate to the street classification as set forth on the
Official Map and as described in this Title. The proposed roads indicated on the
Official Map are desired to be eventually constructed, but their actual alignment
will be decided upon when the preliminary plan is submitted to the Planning &
Zoning Commission and the Corporate Authorities for review and approval.
2. The classification of new streets, as well as variations to street classifications for
a given street, shall be submitted to the Village Engineer for review with the
submittal of the preliminary plan.
16.50.080 Sidewalks., driveway aprons and driveways.
A. General,
1. Sidewalks. The work performed under these standards shall consist of the
construction of Portland cement concrete sidewalks constructed as described
herein. Such sidewalks shall have a minimum width of five feet and a minimum
RE
2. Driveway Aprons (Exhibit No. 503).
30
Village's Zoning Ordinance. The driveway apron can be constructed by flaring out
three feet on each side up to the allowable width.
a. Wire mesh or mesh reinforcement is not allowed in the driveway apron.
B. Materials. All materials shall comply with the following Sections and Articles of
the latest edition of the "Standard Specifications for Road and Bridge
Construction" as published by the Illinois Department of Transportation.
1. Portland Cement: Class SI or Class PV, Section 1020.
2. Fine Aggregate- Section 1003.
3. Coarse Aggregate: Section 1004.
31
4. Water: Section 1002
C. Concrete Quality.
3. Control Joints.
32
Section 19. Section 17.12.615, Zoning administrator, of the Village of Buffalo Grove
Municipal Code is hereby amended with deletions in strikethFOugh and additions in
underline text, so that said Section shall hereafter provide as follows:
li
The Building Commissioner or designee. Section 20. Section 17.16.030, New or
annexed land, of the Village of Buffalo Grove Municipal Code is hereby amended with
deletions in strikethrou and additions in underline text, so that said Section shall
hereafter provide as follows:
HUUr 1111=111� l=__ ,, .111
Any territory hereafter annexed to the municipality which is not shown on the
zoning map made a part of this Title shall automatically, upon such annexation,
be classified as within the R-E (43,560 square feet minimum) One-Family
Residential District, and be subject to all conditions and regulations applicable to
territory in such district, until said territory is later zoned in a manner provided by
law or ordinance; provided that in the event the owner or owners of property to
be annexed desire another zoning district classification, in harmony with density
and land use designations shown for said property on the Official Plan for the
environs of the Village, to be adopted at the time of the annexation, the owner
may petition for said zoning classification simultaneously with the petition for
annexation. The public notice of zoning hearing, as required by Chapter 17.64 of
this Title, may be advertised on or before the publication of the required legal
notice for annexation. After the zoning hearing and recommendation of the
Planning & Zoning Commission, the Corporate Authorities may either adopt or
deny the report of the Planning & Zoning Commission for the proposed zoning
amendment, at the time of adoption of the final ordinance annexing the territory.
Section 21. Section 17.28.020, Review Body, Section 17.28.030, Procedure, and
Section 17.28.040, Criteria for special use of the Village of Buffalo Grove Municipal
Code are hereby amended with deletions in strikethr-ou and additions in underline
text, so that said Sections shall hereafter provide as follows:
33
17.28.020 Review body.
Any special use shall be heard before the Planning & Zoning Commission.
17.28.030 Procedure.
The procedure to be followed in considering applications for "special uses" shall
be as follows:
A. Application. An application by the owner of the property involved shall be
filed with the Village for the attention of the Planning & Zoning Commission upon
a form prescribed therefor.
B. Public Hearing. Upon receipt of such application, the Chairman of the
Planning & Zoning Commission shall give notice of public hearing pursuant to
Chapter 17.64
C. Determination. The Planning & Zoning Commission shall then make its
recommendations to the Corporate Authorities within thirty days following the
date of public hearing. After receiving the report of the Planning & Zoning
Commission, the Corporate Authorities shall accept the recommendations in
whole or in part, or may reject them in whole or in part, or may refer the matter
back to the Planning & Zoning Commission for further consideration. The
Corporate Authorities may then authorize by ordinance a special use provided
the evidence presented meets the criteria established in Section 17.28.040
D. After any special use is discontinued for a period of more than one year,
the special use shall be automatically revoked.
17.28.040 Criteria for special use.
A. All special uses shall meet the following criteria:
1. The special use will serve the public convenience at the location of the
subject property; or the establishment, maintenance or operation of the special
use will not be detrimental to or endanger the public health, safety, morals,
comfort, or general welfare;
2. The location and size of the special use, the nature and intensity of the
operation involved in or conducted in connection with said special use, the size of
the subject property in relation to such special use, and the location of the site
with respect to streets giving access to it shall be such that it will be in harmony
with the appropriate, orderly development of the district in which it is located;
3. The special use will not be injurious to the use and enjoyment of other
property in the immediate vicinity of the subject property for the purposes already
permitted in such zoning district, nor substantially diminish and impair other
property valuations with the neighborhood;
4. The nature, location and size of the buildings or structures involved with
the establishment of the special use will not impede, substantially hinder or
34
discourage the development and use of adjacent land and buildings in accord
with the zoning district within which they lie;
5. Adequate utilities, access roads, drainage, and /or other necessary
facilities have been or will be provided;
6. Parking areas shall be of adequate size for the particular special use,
which areas shall be properly located and suitably screened from adjoining
residential uses, and the entrance and exit driveways to and from these parking
areas shall be designed so as to prevent traffic hazards, eliminate nuisance and
minimize traffic congestion in the public streets.
B. The special use shall in all other respects conform to the applicable
regulations of the zoning district in which it is located, except as such regulations
may be varied. Notwithstanding the foregoing, business planned unit
developments shall conform with Section 17.44.040D of this Title unless varied.
C. The Planning & Zoning Commission may recommend and the Corporate
Authorities may impose such conditions and restrictions upon the subject
property, the location, the construction and design of buildings and use of the
property benefited by such special use as may be necessary or appropriate to
comply with the foregoing criteria.
D. Notwithstanding Chapter 17.52 of this Title, the Planning & Zoning
Commission may recommend and the Corporate Authorities may vary the
regulations of the zoning district in which the special use is located subject to
meeting the criteria of Section 17.52.070(A)(1) through 17.52.070(A)(3), except
for planned unit developments which shall meet the general objectives of Section
17.28.050(A)(1) through 17.28.050(A)(7).
Section 22. Subsections B., and D. of Section 17.28.050, Planned unit development of
the Village of Buffalo Grove Municipal Code are hereby amended with deletions in
strikethro and additions in underline text, so that said Subsections shall hereafter
provide as follows:
17.28.050 Planned unit development.
B. Procedure for Securing Approval of a Planned Unit Development. The
procedure for securing approval of a planned unit development shall be the same
as that described in Chapter 16.20 of the Village's Development Ordinance with
the following additions:
1. The Preliminary Plan shall contain the following materials in addition to
those required in Section 16.20.030 of the Village of Buffalo Grove Development
Ordinance:
a. The location, quantity, size and species (both scientific and generic) of all
existing trees on the site having diameters of four inches or greater as measured
six inches above the ground,
35
b. A statement showing the relationship of the planned unit development to
the Official Plan of the Village,
C. A statement of the anticipated residential density, the proposed total gross
floor area, bedroom ratios for residential units, and the percentage of the
development which is to be occupied by structures,
d. When a planned unit development is to be constructed in phases or units,
a schedule for the development of such phases or units shall be submitted. At no
time shall the developed phases or units have a residential density that exceeds,
by more than twenty percent, the proposed residential density of the entire
planned unit development. The total area of common open space provided at any
phase of development shall, at a minimum, bear the same relationship to the
total open space to be provided in the entire planned unit development as the
stages or units completed or under development bear to the entire planned unit
development,
e. In the case of nonresidential planned unit developments, a statement
identifying the principal types of business and/or industrial uses that are to be
included in the proposed development,
f. Preliminary sketches of the proposed structures and a preliminary concept
landscape plan shall be prepared by a qualified architect and/or landscape
planner,
9- Parcels of land intended to be dedicated or temporarily reserved for public
use or set aside for use of property owners in the development area,
h. A statement describing the provision that is to be made for the care and
maintenance of open space or recreational facilities,
i. Statement of the manner, if any, in which the planned unit development
varies from the regulations of the zoning district in which it is located and an
explanation of the reasons for such variations;
2. A positive recommendation of the Planning & Zoning Commission in and
of itself indicates that the Commission, based upon evidence presented at the
hearing, has found that the planned unit development meets the general
standards set forth in Section 17.28.050D. No written findings of fact are
required;
D. General Standards.
1. All planned unit developments shall meet the following general standards:
a. Have the minimum areas as set forth in Section 17.16.060
b. The uses permitted in such development are not of such a nature or so
located as to exercise an undue detrimental influence or effect upon the
surrounding neighborhood;
C. The plan effectively treats the developmental possibilities of the subject
property, making appropriate provisions for the preservation of streams, wooded
areas, scenic views, floodplain areas, and similar physical features;
36
d. All requirements pertaining to commercial, residential, institutional or other
uses established in the planned unit development conform to the requirements
for each individual classification as established elsewhere in this Title, except as
may be specifically varied for the proper planning of the planned unit
development;
e. The Planning & Zoning Commission shall determine that the area and
width of the lot shall be sufficient for the proposed use, and that the development
of the property in the proposed manner creates no outlots which will be difficult to
develop in an appropriate manner.
Section 23. Subsections E.1., E.2., and E.3. of Section 17.28.050, Planned unit
development of the Village of Buffalo Grove Municipal Code are hereby amended with
deletions in strikethFo e,.r, and additions in underline text, so that said Subsections shall
hereafter provide as follows:
E. Residential Planned Unit Development.
1. Residential Density. Densities within the planned unit development shall
remain substantially the same as provided for in the Comprehensive Plan of the
Village. Density ranges shall be provided as follows:
a. One - family with a density not to exceed four dwelling units per acre of one
family dwellings.
b. Planned Development —Six dwelling units per acre with a base density of
four dwelling units per acre and with using the incentives listed in Section
17.28.050E2 and E3 shall not exceed seven dwelling units per acre.
C. Planned Development —Ten dwelling units per acre with a base density of
seven dwelling units per acre and with using the incentives listed in Section
17.28.050E2 and E3 shall not exceed twelve dwelling units per acre.
d. Multiple family with a base density of twelve dwelling units per acre and
with using the incentives listed in Section 17.28.050E.2 and E3 shall not exceed
fifteen dwelling units per acre.
The dwelling units per acre shall be calculated on the net acreage of the site. The
percentages shall be applied to the base density.
2. Incentives. The amounts stated for the following incentives are to be
considered as maximum amounts to be recommended by the Planning & Zoning
Commission:
a. One percent for landscaped buffer strip, one percent for each ten feet in
width (including setback requirements as hereinafter set forth), not to exceed
three percent on all peripheral lot lines with a less restrictive use;
b. Five percent for recreational facilities, which may or may not include a golf
course, occupying one square foot for every five square feet of residential floor
area;
37
C. One percent for playground and recreational equipment (other than tennis
courts and swimming pools); one percent for each eight thousand square foot lot
not to exceed three percent;
d. One percent for land for public building site such as a fire station, well,
and/or water storage, etc. One percent per acre not to exceed five percent;
e. Ten percent for provision of fifty percent of all required parking to be
underground;
f. Five percent for provision of fifty percent of all required parking to be
enclosed;
9. One percent for every one percent of the gross area of the site built as
one-family detached dwellings at a density not to exceed four units to the acre; a
one percent incentive will be allowed not to exceed a forty percent increase in
density;
3. The amounts stated for the following incentives are to be considered as
maximum amounts to be granted as permitted by the Planning & Zoning
Commission:
a. Three percent for excellence in quality and amount of standard tree and
shrub planting, including peripheral and interior screen planting and fencing.
b. Five percent for swimming pool; five percent for each pool not to exceed
ten percent.
C. One percent for tennis courts; one percent for each court not to exceed
five percent.
d. Five percent for community center and/or club building.
e. Three percent for lakes and water features.
f. Three percent for provisions for pedestrian facilities such as plazas, trails,
bicycle trails, interior sidewalks, benches, etc.
9. One percent for use of sculptures, fountains, reflecting pools and similar
features in design.
h. Two percent for parking lot design which includes tree and shrub
plantings.
i. Solar energy incentives.
(i) Three percent for provision of solar housing design elements such as
solar energy collectors, roof overhangs intended to shield from sunlight and other
elements specifically designed for solar energy.
(ii) Three percent if one hundred percent of the homes have substantial
south/southeasterly facing windows.
(iii) Two percent for use of landscaping as a means of protecting the structure
from extreme weather conditions such as deciduous trees to the southwest,
38
evergreen trees on the northwest, and other elements specifically designed for
solar energy.
Section 24. Subsections E.5., and E.6. of Section 17.28.050, Planned unit
development of the Village of Buffalo Grove Municipal Code are hereby amended with
deletions in GtFikethr-eu and additions in underline text, so that said Subsections shall
hereafter provide as follows:
E. Residential Planned Unit Development.
5. Greenbelt circulation. The Planning & Zoning Commission shall
encourage pedestrianways designed to provide for safe and convenient
circulation within and beyond the development with special attention being given
to the connections between parking areas, dwelling units and all project facilities.
6. Public and private open space requirements. The Planning & Zoning
Commission shall encourage open areas on the lot consolidated generally into
large useable open areas, but which also provide corridors of space around a
building or buildings. The Planning & Zoning Commission shall encourage open
areas to be so located to take advantage of, hold and preserve existing natural
amenities such as trees, topographic features, flood plain area, waterways and
scenic views.
Section 25. Sections 17.28.060, Special use for child day care homes, and Section
17.28.070, Special use for inter-track wagering locations of the Village of Buffalo Grove
Municipal Code are hereby amended with deletions in strikethreugh and additions in
underline text, so that said Sections shall hereafter provide as follows:
III I I I 1 11 1 ��� I I � I I Pill I I ; l Oil] 11
A. Procedure. A special use may be authorized by passage of an ordinance
by the Corporate Authorities after a public hearing and recommendation by the
Planning & Zoning Commission in accordance with Section 17.28.030
B. Conditions for Approval. The Planning & Zoning Commission shall review
a special use application for compliance with the following criteria and standards:
1. A special use for a child day care home shall meet the requirements of
Section 17.28.040
2. Verification that the day care provider is a full-time resident of the home.
3. Verification that the home is licensed by the Illinois Department of Children
and Family Services, and that applicable requirements of the Illinois Department
of Public Health will be met.
WO
4. Inspection by the Village Department of Building and Zoning, Health
Officer and Fire Department to determine that all life-safety, health and other
applicable codes will be met.
5. That the establishment, maintenance or operation of the special use will
not be detrimental to or endanger the public health, safety, morals, comfort or
general welfare.
6. The following standards shall be met:
a. Provision of child care shall be limited each day to the hours of 6:00 a.m.
to 8:00 p.m. Outdoor play shall not be allowed before 8:00 a.m.
b. Adequate space shall be provided on the driveway of the property for
parking while children are being dropped off or picked up at the home.
C. Traffic congestion or safety hazards shall not be created in the adjacent
neighborhood.
d. A play area shall be provided in the rear yard of the property. Said area
shall be enclosed by a fence at least four feet in height to ensure the safety of the
children. The fenced play area shall be secured with self-closing and self-latching
gate(s) as approved by the Village. Said play area shall be screened from
adjacent properties with fencing or landscaping.
e. The day care activities shall not create undue noise or other nuisances for
adjacent properties. There shall be no outdoor sound amplification devices which
produce distinctly and loudly audible sounds beyond the boundary of the property
from which the sound originates.
f. Employees who are not residents of the day care home may be employed
by the day care provider, if it is determined by the Planning & Zoning
Commission that this would not be detrimental to the neighborhood. Parking shall
be provided on the property for any employee driving to the home.
9. An approved day care home shall be subject to periodic inspection by the
Village in accordance with Village procedures for inspections concerning health,
life-safety and other applicable regulations.
h. The Planning & Zoning Commission and Corporate Authorities may
impose conditions and restrictions as may be necessary or appropriate to comply
with the foregoing criteria and standards. The foregoing standards may be
modified as deemed reasonable in specific cases.
i. The Planning & Zoning Commission shall consider the number and
location of other child day care homes so as to avoid congestion and other
negative impacts.
C. The special use is valid for a period of two years. A day care provider
must re-apply for special use authorization pursuant to the requirements of this
section. The Village shall review the performance of the day care provider in
determining if the special use shall be re-authorized for another two-year period.
The Village may require a public hearing and recommendation by the Village
40
Planning & Zoning Commission prior to determining if the re-authorization shall
be granted.
D. Any special use granted pursuant to this section shall be automatically
revoked if the license issued by the Illinois Department of Children and Family
Services (DCFS) is revoked. Any special use granted pursuant to this section
shall be automatically suspended if the license issued by the Illinois DCFS is
suspended.
E. A day care provider granted a special use shall obtain a Village business
license.
F. The Planning & Zoning Commission may recommend reduction of the
maximum number of children allowed in a child day care home upon its review of
all conditions and standards set forth herein.
17.28.070 Special use for inter-track wagering locations.
A. A special use for inter-track wagering on a property zoned in the B-3
Planned Business Center District may be authorized by the passage of an
ordinance by the Corporate Authorities after a public hearing and
recommendation by the Planning & Zoning Commission in accordance with
Section 17.28.030
B. The Planning & Zoning Commission shall review the special use
application for compliance with the following criteria and standards:
1. The special use shall meet the requirements of Section 17.28.040
2. An inter-track wagering location (off-track betting facility) shall meet the
following conditions and requirements:
a. The operator of the inter-track wagering location shall obtain a license
from the Illinois Racing Board for the property to be used for the wagering
location.
b. The licensee of the inter-track wagering location shall maintain good
standing with the State of Illinois concerning said license.
C. The inter-track wagering location must be operated in conjunction with a
restaurant engaged in the preparation, sale and dispensation of food for
consumption on the premises.
d. The licensee of the inter-track wagering facility shall provide a report from
the Illinois Racing Board or approved organization as determined by the Village
to the Village Chief of Police pertaining to the background check for each person
involved in the management of the inter-track wagering location.
e. Access to the camera surveillance system for the inter-track wagering
location and the related restaurant operation shall be provided to the Village,
including access by an Internet connection.
41
f. The alarm system for the inter-track wagering location and the related
restaurant operation shall be connected the Northwest Central Dispatch System
or other emergency response system as determined by the Village.
9. Provisions for off-site parking shall be made at the direction of the Village.
h. Any special events relating to inter-track wagering on the property shall be
identified by the licensee in the petition to the Village for a special use.
i. The Village may require specific plans and related information from the
licensee and property owner concerning management of special events,
management of parking (both on the property and off-site), and management of
security for the inter-track wagering location and related restaurant operation.
Section 26. Sections 17.34.030, Procedures, and Section 17.34.040, General
requirements, of the Village of Buffalo Grove Municipal Code are hereby amended with
deletions in 6tFikethreu and additions in underline text, so that said Sections shall
hereafter provide as follows:
17.34.030 Procedures.
A. Petitions requiring a special use pursuant to this Chapter shall be filed with
the Village Clerk for review by the Corporate Authorities and consideration of
referral to the Planning & Zoning Commission for review and public hearing. The
Planning & Zoning Commission shall act within a reasonable period of time after
the petition is referred by the Corporate Authorities. Upon completion of the
review and public hearing, the Planning & Zoning Commission shall forward its
recommendation, including appropriate findings of fact, to the Corporate
Authorities. A recommendation to deny a petition shall be in writing and shall be
based on the evidence presented.
B. In the event that a tower requires a height in excess of the maximum
building height allowed in this Title for the specific zoning district of a proposed
site, the petitioner shall request a variation of the applicable zoning standard. The
Planning & Zoning Commission is authorized, pursuant to direction from the
Corporate Authorities, to conduct a review and public hearing and whether to
recommend a variation of said height standard. Upon completion of the review
and public hearing, the Planning & Zoning Commission shall forward its
recommendation, including appropriate findings of fact, to the Corporate
Authorities. A recommendation to deny a petition shall be in writing and
supported by evidence contained in a written record.
C. In the event that application of this Chapter has the alleged effect of
prohibiting a person or entity from providing personal wireless service or other
telecommunications service to all or a portion of the Village, said person or entity
may petition the Corporate Authorities for an amendment of this Chapter in the
manner provided in Chapter 17.64 of this Title. The Corporate Authorities shall,
upon receipt of such a petition, undertake review of the petition and make a
42
determination on the petition within a reasonable period of time, taking into
account the nature and scope of the petition. A decision to deny such petition
shall be in writing and supported by substantial evidence contained in a written
record.
17.34.040 General requirements.
In considering a petition for a special use, including variations, the Planning &
Zoning Commission and Corporate Authorities shall apply the criteria and
standards set forth in this Chapter, including the following:
A. The petitioner shall comply with the requirements set forth in Chapter
17.28 of this Title;
B. The petitioner shall provide to the Village an inventory of all existing
towers within the Village and within one mile of the Village's boundaries,
including the location, height service coverage area and capacity for collocation
of each tower;
C. The petitioner shall provide written documentation concerning the need for
the facility at the proposed location and the contribution that the facility will make
concerning the improvement of service in the area;
D. The petitioner shall provide written documentation concerning compliance
with applicable FCC regulations and identifying any adverse environmental
effects that would be created by the facility;
E. The petitioner shall provide written documentation that the facility will not
create interference for existing communications transmissions nor disrupt or
interfere with police, fire and public safety communications;
F. The petitioner shall provide a cash bond or letter of credit to the Village
equivalent to one hundred twenty-five percent of the sum of the estimated cost of
maintenance for a ten year period and the cost of removal and disposal of the
entire installation;
G. In considering a petition for a special use, including variations, the
Planning & Zoning Commission and Corporate Authorities may require that the
petitioner shall allow, on a commercially reasonable basis, other providers of
telecommunications services to collocate additional personal wireless service
facilities on a free-standing tower or antenna support structure, if such collocation
is feasible;
H. The design and placement of freestanding telecommunications facilities,
including towers and antenna support structures shall comply with the following
requirements:
1. The visual design elements of telecommunications facilities shall be
subject to review as set forth in the Village Appearance Plan;
43
2. Height. The petitioner shall demonstrate that the antenna height is the
minimum required to provide satisfactory operation of the personal wireless
facilities or other telecommunications equipment;
3. Color. Towers, antennas and other support structures shall be required to
blend into the surrounding environment including a finish color to minimize
visibility;
4. Compatibility. Antennas shall be mounted on towers or other support
structures in a manner providing the smallest possible silhouette, profile or cross-
section. Towers, other support structures and equipment shall be architecturally
compatible with adjacent buildings, structures and land uses to the extent
possible. The petitioner shall make all reasonable efforts to minimize the visual
impact by using "alternative tower" design including camouflage and stealth
techniques. Existing vegetation shall be preserved and enhanced and
disturbance of existing topography shall be minimized. In the event that
relocation of vegetation or modification of topography would result in greater
compatibility with adjacent buildings and land uses and less visual impact, said
changes may be allowed by the Village;
5. Equipment Structures. All ground level equipment structures shall comply
with the Village Building Code. Structures shall be designed to blend in with the
surrounding environment and buildings. Structures shall have a conventional
peaked roof unless an alternative design would be more compatible with
adjacent buildings as determined by the Village. Structures shall be screened
from view by non-deciduous vegetation at least six feet in height, except where
alternative screening would be more appropriate as determined by the Village.
The floor area of ground level equipment structures shall not exceed three
hundred square feet and the height shall not exceed fifteen feet. Structures
providing space for multiple users may exceed three hundred square feet as
approved by the Village. Multiple ground level equipment structures shall be
prohibited;
6. Fencing. To discourage unauthorized access and to minimize any danger
to persons, all towers and other antenna support structures and ground-level
equipment structures shall be enclosed by fencing at least six feet in height and
otherwise meeting the requirements of this Title and Chapter 15.20, Village
Fence Code;
7. Lights and Signage. Lights, signals and/or signs of any kind are prohibited
on any tower or other antenna support structure, personal wireless facilities,
equipment structure and fencing, unless required by the FAA, FCC and/or other
applicable authority;
8. Off-street parking. Paved off-street parking shall be provided as necessary
to accommodate the vehicles necessary to service a telecommunications or
personal wireless facility. The design and location of said paving is subject to
applicable Village regulations;
44
9. Towers and other support structures shall be constructed to applicable
standards of the Electronic Industries Association, FAA and FCC, as well as,
applicable Village codes;
10. Only one ground level tower or antenna support structure shall be
permitted on a zoning lot, unless it is determined by the Village that multiple
towers would he an appropriate use for a specific location and would be
compatible with adjacent properties;
11. Ground-level towers and other antenna support structures one hundred
feet or greater in height shall be separated by a distance of at least one thousand
feet unless the Village determines that closer spacing is appropriate;
I. Any installation that is not operated for a continuous period of six months
shall be considered to be abandoned. The owner of such installation shall
remove same within thirty days of the mailing of written notice of abandonment to
owner's address as filed with the Village. If owner fails to remove an abandoned
installation with thirty days of notice by the Village, then the Village may
effectuate said removal at the owner's expense. For the purposes of this section,
"installation" includes the combination of antenna, tower, support building and
related structures and improvements which collectively allow the reception and
re-transmission of telephonic, radio or television communications through the
sending and/or receiving of electromagnetic waves.
J. No public utility service which satisfies the definition of personal wireless
service facility, including towers and other antenna support structures, shall be
permitted in any zoning district in the Village unless said facility complies with all
applicable federal laws and regulations concerning its use and operation.
Section 27. Subsection A. of Section 17.36.020, General Provisions-Parking and
loading, of the Village of Buffalo Grove Municipal Code is hereby amended with
deletions in stFokethFou and additions in underline text, so that said Subsection shall
hereafter provide as follows:
17.36.020 General provisions—Parking and loading.
A. racedure.
1. An application for a building permit for a new or enlarged building,
structure or use shall include a plot plan, drawn to scale and fully dimensioned,
showing driveways and parking or loading facilities to be provided in compliance
with the requirements of this Title.
2. Any re-striping, reconstruction, expansion or modification of an existing
parking lot or construction of a new parking lot shall require a permit from the
Village's Department of Building and Zoning. Application for said permit shall
include a site plan drawn at a scale of one inch equals fifty feet or larger,
delineating the size and location of all parking spaces, driveways, sidewalks and
curb ramps for accessibility in compliance with this Title. Said site plan shall
45
conform to the applicable specifications of the Village's Development Ordinance
(Title 16) and Zoning Ordinance and shall comply with the Illinois Accessibility
Code concerning parking spaces and accessibility for persons with disabilities.
The permit fee shall include a $50 building and zoning review fee plus an
engineering review and inspection fee of 3.5% of the first $10,000 of the
construction cost estimate, plus 1% of the remaining construction cost estimate.
Said site plan requirement may be met by the approved Preliminary Plan or other
plan of record approved by the Village for a property if the proposed
Improvements do not require modifications of parking stalls or other changes to
the approved plan.
Section 28. Subsection F.4. of Section 17.36.030, Additional regulations-Parking, of
the Village of Buffalo Grove Municipal Code is hereby amended with deletions in
stFikethFeuq-h and additions in underline text, so that said Subsection shall hereafter
provide as follows:
Un=b"I
Design and Maintenance.
1. Parking space—Description. Parking spaces shall be designed in
accordance with the parking dimensions in Figure 17.36-1 and shall be used for
the storage or parking of passenger automobiles or commercial vehicles under
one and one-half tons capacity.
2. Measurement of space. When determination of the number of required off-
street parking spaces results in a requirement of a fractional space, any fraction
shall be interpreted as one parking space.
3. Open and enclosed spaces. Parking areas may be open or enclosed
except that when parking facilities accessory to a multiple dwelling are located in
a residential or B-1 or B-2 District elsewhere than on the same zoning lot with the
principal use served, such parking facilities shall be open to the sky.
4. Access. Parking facilities shall be designed with appropriate means of
vehicular ingress and egress to a street or alley in such a manner as will least
interfere with the movement of traffic. Driveways shall not obstruct, damage or
harm any tree, fire hydrant, street light or other Village approved structure
located within the parkway. Hard surfaces such as pavement, concrete or brick
shall not be permitted within the drip line of any parkway tree at the time of
installation, as determined by the Village Engineer. Driveways serving detached
single-family residences shall also comply with the following standards:
a. A maximum of forty percent of the required front yard area may be
covered by approved paved and impervious surfaces including driveways and
walkways. The required front yard area shall be used for said coverage
M
calculation for all lots, including lots where the garage and driveway are located
in a corner side yard,
b. For residences with an attached one-car or two-car garage, a maximum
driveway width of twenty-four feet at the sidewalk in or adjacent to the public
parkway shall be permitted subject to the limitations of subsection 4.a. above.
C. For residences with an attached three-car or larger garage, a maximum
driveway width of twenty-seven feet at the sidewalk in or adjacent to the public
parkway shall be permitted,
d. For residences in the Residential Estate, R-1 and R-2 Districts that have
two street connections as allowed pursuant to Section 17.36.020B., the width of
the driveways at the sidewalk in or adjacent to the public parkway shall be a
maximum of eighteen feet,
e. In cases where there is no sidewalk at the front of a lot, said maximum
driveway widths as described in subsections (b), (c) and (d) above shall be
computed at the front property line,
f. For driveways with widths greater than the width at the apron as allowed
by subsections (b), (c) and (d) above, the driveway shall be tapered at a rate not
greater than one foot in width for every one foot in length to meet within one foot
of the driveway apron in or adjacent to the public parkway,
9. For residences with a detached garage in the rear yard, a driveway and
apron may be a maximum width of eighteen feet in any portion of the required
front yard
h. The design of vehicular ingress and egress driveways from residences other
than detached single-family residences and from all other districts shall have
widths as measured from edge of pavement to edge of pavement or in the case
of the existence of a channelizing median, from edge of pavement to edge of
median or point of intersection of median edge, extended to the property line;
each as measured at the property line of at least twelve feet; but not greater than
twenty-four feet for one-way driveways and at least twenty-four feet, but not
greater than thirty-five feet, for two-way driveways. A divided entrance separating
entering and exiting driveway lanes shall be separated by a curbed median, with
a width of not less than six feet and not exceeding ten feet. Entering and exiting
driveways of a divided entrance shall each be considered separate one-way
driveways for the purpose of determining width requirements.
Section 29. Subsection E.1. of Section 17.36.040, Schedule of parking requirements,
of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in
StFikethre enh and additions in underline text, so that said Subsection shall hereafter
provide as follows:
17.36.040 Schedule of parking requirements.
E. Transportation, Communication and Utilities,
M
1 . Airport, bus terminal, heliport, railroad passenger terminal: spaces as
required after review by the Planning & Zoning Commission plus additional
parking for retail service uses.
Section 30. Subsection B.1. of Section 17.44.020, B-1 business district, limited retail,
of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in
stFikethrauqh and additions in underline text, so that said Subsection shall hereafter
provide as follows:
17.44.020 B-1 business district, limited retail.
B. Permitted Uses. No building or land shall be used and no building shall be
erected, structurally altered or enlarged unless otherwise provided in this Title
except for the following uses:
1. Retail and Service Uses, as follows:
Animal hospitals.
Art and school supply stores.
Art galleries.
Auction rooms.
Banks and financial institutions, not including drive-through service facilities.
Barber shops.
Beauty shops.
Bicycle shops and bicycle service shops excluding those which sell and/or
service motorized vehicles and/or motorized bicycles.
Book or stationery stores.
Camera and photographic supply stores.
Carpet, rug and linoleum stores.
Child care centers.
China and glassware stores.
Coin and philatelic stores.
Currency exchanges.
Custom dressmaking and millinery shops.
Department stores.
Drug stores.
Dry-cleaning and laundry-receiving stations; processing to be done elsewhere.
Dry goods or notion stores.
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Electrical and household appliance stores, including radio and television sales.
Florist shops and conservatories.
Food stores—grocery stores, meat markets, bakeries (retail), candy and ice
cream shops, delicatessens and frozen food stores including locker rental in
conjunction therewith.
Furrier shops, including the incidental storage and conditioning of furs.
Furniture stores, including upholstering when conducted as part of the retail
operations and secondary to the principal use.
Garden supply and seed stores.
Gift shops.
Haberdasheries.
Hardware stores.
Hobby shops, for retail of items to be assembled or used away from the
premises.
Interior decorating shops, including upholstering and making of draperies, slip
covers and other similar articles when conducted as part of the retail operations
and secondary to the principal use.
Jewelry stores, including watch repairs.
Leather goods and luggage stores.
Liquor stores, package goods only.
Locksmith shops.
Medical and dental clinics.
Musical instrument stores, including minor repair.
Office supply stores.
Optician shops.
Paint and wallpaper stores.
Photographer.
Physical culture and health services—gymnasiums, swimming pools, reducing
salons, masseurs, public baths.
Restaurants, tearooms, outdoor sidewalk cafes, and outdoor garden cafes,
conducted accessory to indoor establishments. Drive-in restaurants or food
stands catering to customers with facilities for parking on the premises for
consumption of food in autos shall not be permitted.
Schools—business, dance or music.
Sewing machine stores, household machines only.
Shoe and hat repair stores.
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Shoe stores.
Sporting goods stores.
Taverns.
Tobacco shops.
Toy stores.
Wearing apparel shops.
Variety stores.
Section 31. Subsection C. of Section 17.44.040, B -3 planned business center district,
of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in
strikethFe orvh and additions in underline text, so that said Subsection shall hereafter
provide as follows:
17.44.040 B -3 planned business center district.
C. The business uses proposed shall include only selected compatible uses
listed as permitted or special uses in the B -2 general retail business district;
provided, however, that the Corporate Authorities may after recommendation of
the Planning & Zoning Commission as a condition of the approval of the planned
business center require that certain retail or other uses shall be omitted, or
require the addition of other compatible uses not listed as permitted in the B -2
district. Personal wireless communications facilities and cellular telephone
facilities, including antennas, for use with radio and /or other transmitting and
receiving equipment, on a tower or pole, on property owned by a unit of local
government or a public utility. Such tower or pole shall be set back from
nonresidential property lines a distance not less than the height of the tower or
pole. Such tower or pole shall be set back from a residential structure and any
abutting residential zoning boundary a distance not less than twice the height of
the tower or pole.
Section 32. Subsection F.3. of Section 17.44.060, B -5 town center planned district, of
the Village of Buffalo Grove Municipal Code is hereby amended with deletions in
stFikethr -e e.Yh and additions in underline text, so that said Subsection shall hereafter
provide as follows:
17.44.060 B -5 town center planned district.
F. Development Procedures Within the Town Center.
3. Application.
a. Following the pre - application conferences, application for approval of a
planned unit development shall be filed with the Village Clerk in accordance with
the provisions of this Title and prior to scheduling before the Corporate
Authorities and Planning & Zoning Commission.
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b. Submissions. An application must be accompanied by twenty copies of a
preliminary plan and all related materials and an application fee.
Section 33. Subsection F.4.b. of Section 17.44.060, B-5 town center planned district,
of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in
strikethrGuo and additions in underline text, so that said Subsection shall hereafter
provide as follows:
HOHIKII-14 M-T-717=
F.4. Preliminary plan.
b. Upon petition from the applicant, the Planning & Zoning Commission may
waive submission of any of the materials set forth above as required to be
included within the preliminary plan except for the development schedule (xiv.)
and the statement on variations (xvi.).
Section 34. Subsection F.S. of Section 17.44.060, B-5 town center planned district, of
the Village of Buffalo Grove Municipal Code is hereby amended with deletions in
stFokethr-GuQh and additions in underline text, so that said Subsection shall hereafter
provide as follows:
17.44.060 B-5 town center planned district.
F.S. Planning & Zoning Commission review (hereinafter called Commission).
a. Workshop session.
(i) The Commission shall within thirty days of referral by the Corporate
Authorities of a land use plan, schedule a workshop session for Commission and
Village departmental review based on a full and complete application.
(ii) Within thirty days of the completion of the last workshop session, the
Commission shall schedule a public hearing subject to the submission of all
materials pursuant to Section 16.20.030 of the Village of Buffalo Grove
Development Ordinance.
b. Public hearing. A public hearing shall be held as set forth in Chapter 17.64
C. Recommendation of the Planning & Zoning Commission.
(i) Timing. Within thirty days after the close of the hearing, the Commission
shall forward to the Corporate Authorities a copy of their written findings along
with a recommendation.
(ii) Conditions. The Commission may include in the recommendation such
stipulations or conditions as deemed necessary for the protection of the public
interest.
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(iii) Required findings. A planned unit development shall not be recommended
for approval unless the Commission shall find the following:
Effect on community —That the proposed planned unit development will not be
significantly or materially detrimental to or endanger the public health, safety or
general welfare of the community. This shall include consideration of the impact
of the development upon physical development, tax base, and economic well-
being of the Village, and
Effect on neighborhood —That the proposed planned unit development will not be
injurious to the use and enjoyment of other property in the immediate vicinity for
the purposes already permitted nor will it diminish or impair property values
within the neighborhood, and
Effect on development of surrounding property —That the proposed planned unit
development will not impede the normal and orderly development and
improvement of surrounding property, and
Adequacy of utilities and facilities —That the applicant has demonstrated that
adequate sewer and water, access roads, drainage and other necessary facilities
are present or will be provided, and
Adequacy of ingress and egress —That the applicant has demonstrated that
adequate means of ingress and egress designed to handle the traffic
contemplated are present or will be provided, and
Conformity to regulations —That the proposed planned unit development meets
all the regulations of this Title.
Section 35. Subsection G. of Section 17.44.060, B -5 town center planned district, of
the Village of Buffalo Grove Municipal Code is hereby amended with deletions in
o$rikethre orrh and additions in underline text, so that said Subsection shall hereafter
provide as follows:
G. Corporate Authorities Action.
1. Public Hearing. A public hearing will be scheduled if necessary.
2. Corporate Authorities Decision.
a. The Corporate Authorities, after receipt of the Preliminary Plan and the
recommendation of the Commission, shall approve, with such modifications as
may be consented to by the applicant, or disapprove such preliminary plan.
b. An ordinance approving and establishing a planned unit development shall
specify the zoning regulations and restrictions that will, pursuant to the
development plan, apply to the planned unit development. Such ordinance shall
also specify the conditions and restrictions that have been imposed by the
Corporate Authorities on the planned unit development and the extent to which
the otherwise applicable district regulations have been varied or modified. When
52
the Planning & Zoning Commission has designated divisible geographic sections
of the development that may be developed as a unit, the ordinance may
authorize the Planning & Zoning Commission to modify the schedules of
development.
3. Effect of Approval. Approval of a preliminary plan shall not constitute final
approval. No building permit shall be issued for any structure until a development
plan has been filed and approved.
4. Effect of Denial. No application for approval of a planned unit development
which is denied by the Corporate Authorities for any reason shall be resubmitted
in substantially the same form and/or content.
Section 36. Chapter 17.52, Planning & Zoning Commission, of the Village of Buffalo
Grove Municipal Code is hereby amended with deletions in strikethrough and additions
in underline text, so that said Chapter shall hereafter provide as follows:
Chapter 17.52 PLANNING & ZONING COMMISSION
Sections:
17-52.01 0 Apoeals and review.
17.52.020 Authorization for variations,
17.52.030 Application,_ i)rocessina, notice and hearing.
17.52.040 Authorized variations—Plannina & Zonina Commission.
17.52.050 Authorized variations — Corporate Authorities.
17.52.060 Authorized variations—Zonina Administrator.
17.52.070 Criteria for variation.
17.52.080 Time limit of variations.
17.52.090 Appeals to Corporate Authorities.
iW&YAKIT1111 =6
The Planning & Zoning Commission shall hear appeals from and review any
order, requirement, decision or determination made by the Zoning Administrator.
An appeal to the Board may be taken by any person aggrieved or by any officer,
department or board/commission of the Village. Such appeal shall be taken by
filing with the officer from whom the appeal is taken a notice of appeal specifying
the grounds thereof, together with such plats and exhibits as are reasonably
necessary. Such appeal shall be taken upon forms provided by the Planning &
Zoning Commission . The officer shall forthwith transmit to the Planning & Zoning
Commission all of the papers constituting the record upon which the action
53
appealed was taken. The Planning & Zoning Commission shall fix a reasonable
time and place for the hearing of appeals and shall give notice thereof to the
persons appealing and to the officer from whom the appeal is taken. At the
hearing, parties in interest may appear in person or by agency or attorney.
17.52.020 Authorization for variations.
The Planning & Zoning Commission, after a public hearing, may determine and
vary the regulations of this Title in harmony with the general purpose and intent
of this Title so that such variances, which may be granted, will not be contrary to
the public interest. Furthermore, such variations may be authorized only in those
specific instances enumerated in Section 17.52.040 and then only after the
Planning & Zoning Commission has made findings of fact based upon the
criteria for variations set forth in Section 17.52.070.
17.52.030 Application, processing, notice and hearing.
A. An application for a variation of the regulations of this Title may be made
by a property owner or his/her agent to the Planning & Zoning Commission .
Such application shall be made in writing, stating the variation requested, the
location of the property for which the variation is requested, name of the property
owner, and cause/reason for the requested variation.
B. At the time of filing an application for variation, the applicant shall comply
with all Public Hearing requirements as specified in Chapter 17.64 except this
requirement shall not apply to Section 17.52.060
17.52.040 Authorized variations—Zoning Board of Appeals.
A. The Planning & Zoning Commission may grant variations in accordance
with the criteria for variation set forth in Section 17.52.070 only in the following
instances:
1. To permit in the R-E through R-9 zoning districts a front yard, a side yard,
a rear yard, or the distance between a principal building and an accessory
building less than that required by this Title, but such variation shall not exceed
thirty-three percent of the depth of the required front yard or the depth of the
required rear yard, or the width of a required side yard, or the required distance
between a principal building and an accessory building.
2. To permit in the R-E through R-9 zoning districts the use of a lot less in
area by not more than ten percent of the required lot area.
3. To permit in the R-E through R-9 zoning districts the use of a lot less in
width by not more than fifteen percent of the required lot width.
4. To permit in the B-1 through B-4 zoning districts a front yard, a side yard,
a rear yard, buffer zone or setback less than that required by this Title, but such
variation shall not exceed twenty percent of the depth of the required front yard,
54
or the depth of the required rear yard, or the width of the required side yard or the
distance required for the setback or buffer zone.
5. To permit up to one additional curb crossing or connection of a driveway
to the roadway per lot in one-family residential districts as regulated in Section
17.36.020B.
6. To permit variations to the provisions of Chapter 17.32 regarding
accessory buildings and structures, consistent with Section 17.52.040A1.
17.52.050 Authorized variations—Corporate Authorities.
A. The Corporate Authorities, after a public hearing is held and a finding of
fact is submitted by the Planning & Zoning Commission , may by ordinance
determine and vary the application of any of the regulations of this Title in
harmony with the general purpose and intent of such regulations\
B. Within thirty days after the last public hearing or meeting held on any
matter requiring variation by ordinance, the recommendation of the Planning &
Zoning Commission shall be forwarded to the Corporate Authorities.
C. Whenever a variation under this section is to be made by ordinance, upon
receipt of the report of the Planning & Zoning Commission , the Corporate
Authorities, without further public hearing, may grant, deny or modify any
proposed variation or may refer it back to the Planning & Zoning Commission for
further consideration.
D. When any variation is requested for a parcel of land simultaneously with
the annexation of such parcel, either normally authorized by the Planning &
Zoning Commission or the Corporate Authorities, the public hearing and
notification required for such annexation shall serve as the public hearing and
notification for the requested variation.
17.52.060 Authorized variations—Zoning Administrator.
A. The Zoning Administrator may authorize variations for building setback
requirements, not to exceed twelve inches. This authority shall only be exercised,
if at all, as to buildings or portions thereof which have been constructed or are
under construction.
B. The Zoning Administrator shall not vary the regulations of this Title unless
he/she shall make findings of fact based upon evidence presented in any given
case that the criteria for variation as described in Section 17.52.070A can be
met.
17.52.070 Criteria for variation.
A. The regulations of this Title shall not be varied unless findings of fact are
made based upon evidence presented at the hearing that:
1. The property in question cannot yield a reasonable return if permitted to
be used only under the conditions allowed by the regulations of the zoning district
in which it is located except in the case of residential zoning districts;
55
2. The plight of the owner is due to unique circumstances;
3. The proposed variation will not alter the essential character of the
neighborhood.
B. Conditions and restrictions may be imposed upon the subject property, the
location, the construction, design and use of the property benefited by such a
variation as may be necessary or appropriate to comply with the foregoing
criteria and to protect adjacent property and property values.
17.52.080 Time limit of variations.
A. Except as set forth in subsection B of this section, no variance shall be
valid for a period longer than six months unless a building permit for the erection
or alteration is obtained within such period and such erection or alteration is
started and proceeds to completion in accordance with the terms of such permit.
B. The Zoning Administrator may authorize an additional six month time
period for a variance if the plight of the owner is due to unique circumstances
beyond the owner's control and if the extension is approved by the Village
Manager and/or his/her designee.
If any property owner(s) notified pursuant to Section 17.64.030 or any other
property owner(s) residing within the Village who appeared and objected at the
public hearing, including the applicant, has an objection to any action taken by
the Planning & Zoning Commission , the property owner(s) may file a written
objection petition within fifteen days of final action of the Board with the Zoning
Administrator. The objections shall be set for a hearing before the Corporate
Authorities as it shall select, and then ten days written notice shall be given the
objector. The Corporate Authorities may approve, overrule or modify the decision
of the Planning & Zoning Commission . However, no decision of the Planning &
Zoning Commission may be overruled or modified unless it receives a vote of
the majority of the Corporate
Section 37. Chapter 17.60, Enforcement, of the Village of Buffalo Grove Municipal
Code is hereby amended with deletions in strikethrou and additions in underline text,
so that said Chapter shall hereafter provide as follows:
Chapter 17.60 ENFORCEMEN
T-ections:
17.60.010 Enforcement.
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It shall be the duty of the Zoning Administrator to enforce this Title. Appeals from
the decision of the Zoning Administrator may be made to the Planning & Zoning
Commission, as provided in Chapter 17.52.
Section 38. Chapter 17.64, Public Hearing Requirements-Changes, Amendments,
Special Uses, Variations, of the Village of Buffalo Grove Municipal Code is hereby
amended with deletions in stFikethro enh and additions in underline text, so that said
Chapter shall hereafter provide as follows:
17.64.010 Review authority.
17.64.020 Official paper notification.
17.64.030 Procedure.
17.64.040 Written protest.
T.=
A. The regulations imposed and the districts created by this Title may be
amended from time to time, but no such amendments shall be made until a
public hearing has been held and a report and recommendations have been
made thereon by the Planning & Zoning Commission,
B. Notwithstanding the foregoing subsection A, the Corporate Authorities
may hold any public hearing required by this Title.
At least fifteen days, but not more than thirty days, before the hearing, notice of
the time and place of such hearing shall be published in an official paper of
general circulation in the Village.
A. At the time of filing an application for a change, amendment, special use
or variation, the applicant shall furnish to the Planning & Zoning Commission, as
the case may be, a list, certified by the applicant, containing the names and last
known addresses of all property owners within two hundred fifty feet in each
direction of the location for which the change, amendment, special use or
variation is requested; provided the number of feet occupied by all public roads,
streets, alleys and other public ways shall be excluded in computing the two
57
hundred fifty foot requirement. If, after a bona fide effort to determine such
address by the applicant for amendment, the owner of the property on which the
notice is served cannot be found at his /her last known address, or the mailed
notice is returned because the owner cannot be found at the last known address,
the notice requirements of this section shall be deemed satisfied.
B. The Village shall, not more than thirty days nor less than fifteen days
before the hearing at which the application for change, amendment, special use
or variation is to be' considered, send written notice by first class mail to the
persons appearing on the list furnished by the applicant, which notice shall
contain:
1. The time and place of the hearing, and
2. The address of the location for which the change or amendment is
requested, and
3. The name and address of the applicant for change or amendment, and
4. A brief statement of the nature of the change or amendment requested.
C. The Village shall place a sign on the property for which a change,
amendment, special use or variation is sought notifying the general public of the
public hearing not less than fifteen nor more than thirty days prior to the date of
the hearing.
17.64.040 Written protest.
In case of written protest against any proposed amendment of the regulations or
districts, signed and acknowledged by the owners of twenty percent of the
frontage proposed to be altered, or by the owners of twenty percent of the
frontage immediately adjoining or across an alley therefrom, or by the owners of
twenty percent of the frontage directly opposite the frontage proposed to be
altered, is filed with the Village Clerk, such amendment shall not be passed
except by the affirmative vote of two - thirds of the Corporate Authorities.
Section 39. Section 18.22.010, General, of the Village of Buffalo Grove Municipal
Code is hereby amended with deletions in strikethFo ° ^" and additions in underline text,
so that said Section shall hereafter provide as follows:
No variances shall be granted to any development located in a designated
floodway as defined in Section 18.04.170 "Designated floodway." However, when
a development proposal is located outside of a designated floodway, and
whenever the standards of this Title place undue hardship on a specific
development proposal, the applicant may apply to the Corporate Authorities for a
variance. Upon proper application and after fifteen days notice of public hearing,
M
the Planning & Zoning Commission or Corporate Authorities shall review the
applicant's request for a variance and shall submit its recommendation to the
Corporate Authorities. The Corporate Authorities may attach such conditions to
granting of a variance, as it deems necessary to further the intent of this Title.
Section 40. Exhibit 102, Municipal Certificates, to Title 16, Development, of the Village
of Buffalo Grove Municipal Code is hereby amended with deletions in stFikethr-eugh and
additions in underline text, so that said Exhibit 102 shall hereafter provide as shown on
Exhibit A to this ordinance.
Section 41. If any section, paragraph, clause or provision of this ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 42. This ordinance shall be in full force and effect ten (10) days after its
publication and its passage and approval. This ordinance may be published in
pamphlet form.
AYES: 6 — Berman. Trillina. Sussman, Terson, Stein. Ottenheimer
A a .
on - 5 a - 0
■
WfiffW11
Village Clerk
59
099K.Oilw
M7mH,M
EXHIBIT A — Ordinance No. 2014-43
Village of Buffalo Grove
QQRPQ.RATF AHTHORITYS CERTIFICATF
Approved and accepted by the President and Board of Trustees of the Village of Buffalo Grove, Cook
and Lake Counties, Illinois, at a meeting held this day of
A.D. 20
Attest:
Village President
Village Clerk
PLANNING & ZONING C. MMISSION'S CERTIFICATE
Approved by the Planning & Zoning Commission of the Village of Buffalo Grove, Cook and Lake Counties,
Illinois, at a meeting held this day of , A.D. 20
Chairman
Attest*
-Secretary
VILLAGE COLLECTOR'S CERTIFICATE
I hereby certify that I find no deferred installments of outstanding unpaid special assessments due
against the property described in the plat hereon drawn. Buffalo Grove, Cook and Lake Counties, Illinois,
dated this day of , A.D. 20
Village Collector
VILLAGE ENGINEER'S CERTIFICATE
Approved by the Village Engineer of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, dated
this — day of , A.D. 20
Village Engineer