2002-042•
ORDINANCE NO. 2002- 42
•
AN ORDINANCE AMENDING CHAPTER 5.40 OF THE VILLAGE OF
BUFFALO GROVE MUNICIPAL CODE
HOURS OF OPERATION ADJACENT TO RESIDENTIAL AREAS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the
Illinois Constitution of 1970; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS.
Section 1. Chapter 5.40 of the Village of Buffalo Grove Municipal Code is amended to
read as follows:
CHAPTER 5.40
HOURS OF OPERATION ADJACENT TO RESIDENTIAL AREAS
5.40.010 Definitions.
A. "Business Activity" shall have the same meaning as defined in Chapter 5.04 of the
Buffalo Grove Municipal Code.
B. "Tenant Use Space" shall mean all area identified for use by a Business Activity but
not including interior parking spaces or loading spaces for motor vehicles.
5.40.020 Business Operations.
A. Except as otherwise provided in this Chapter, where the Tenant Use Space of a
Business Activity is located within sixty (60) feet of a residential dwelling unit, the
operation of the Tenant Use Space between the hours of midnight and seven a.m. is
prohibited. In determining the distance provided for in this section, the measurement
shall be from the closest point of a Tenant Use Space to the nearest residential
dwelling unit. This Section shall not apply to a Business Activity that occupies the
ground floor below a residential dwelling unit.
B. A Business Activity may petition the Village Manager to extend permitted hours of
operation, but in no event shall any approval be given for an opening time earlier
than five a.m. or a closing time later than two a.m. pursuant to the following
conditions:
1. The Village Manager determines that there is no detriment to public health, safety
and welfare.
1
2. The Village Manager may require restrictions upon the Business Activity and
adjacent parking to ensure no detriment to public health, safety and welfare.
5.40.030 Retail Food Stores.
Retail food stores in excess of thirty thousand (30,000) square feet may operate twenty -
four (24) hours a day.
5.40.040 Prohibited Activities - Hours of Operation
A. Except as otherwise provided herein, the following activities, in a Business District
which is adjacent to a Residential District used for residential purposes, are prohibited
between the hours of ten p.m. and seven a.m. when they generate loud and raucous
noises of a disagreeable and annoying nature and have the effect of unreasonably
disturbing the peace and comfort of the occupants of adjacent premises:
1. sweeping or scraping any dust, rubbish or refuse;
2. garbage or refuse pickup or delivery;
3. truck deliveries or pickups;
4. use of any leaf blowing type of machine;
5. grass cutting;
6. all other similar operations and activities that generate loud and raucous noises
of a disagreeable and annoying nature and that have the effect of unreasonably
disturbing the peace and comfort of the occupants of adjacent premises.
B. This section shall not apply to truck deliveries between the hours of six a.m. and
seven a.m. if such truck deliveries are allowed pursuant to a Village Planned Unit
Development Ordinance.
5.40.050 Violation - Penalty.
Any person violating the provisions of this Chapter shall be punished as provided in
Chapter 1.08 of the Buffalo Grove Municipal Code.
Section 2. Each provision of this ordinance is severable. If any provision of this
ordinance or the application of any provision of this ordinance to any person or
circumstance is held invalid, the remainder of this ordinance and the application of the
provisions of this ordinance to other persons or circumstances shall not be affected
thereby and shall remain valid, enforceable and otherwise in full force and effect.
Section 3. This ordinance shall be in full force and effect from its passage, approval and
publication in pamphlet form.
2
0
•
AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED: August 5 , 2002.
APPPROVED: August 5 , 2002.
PUBLISHED: August 6 , 2002.
ATTEST:
Q '1'1� .�
Village Clerk
Village President
WGR c:desktopihours of operationkleanC 8/05/02C
3
a
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
I further certify that on August 5, 2002, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2002 -42 entitled:
AN ORDINANCE AMENDING CHAPTER 5.40
OF THE VILLAGE OF BUFFALO GROVE
MUNICIPAL CODE HOURS OF OPERATION
ADJACENT TO RESIDENTIAL AREAS
which provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. 2002 -42,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing on August 5,
2002, and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 6�h day of
August, 2002.
al-jx�-4�
ORDINANCE NO. 2002- 42
AN ORDINANCE AMENDING CHAPTER 5.40 OF THE VILLAGE OF
BUFFALO GROVE MUNICIPAL CODE
HOURS OF OPERATION ADJACENT TO RESIDENTIAL AREAS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the
Illinois Constitution of 1970; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS.
Section 1. Chapter 5.40 of the Village of Buffalo Grove Municipal Code is amended to
read as follows:
CHAPTER 5.40
HOURS OF OPERATION ADJACENT TO RESIDENTIAL AREAS
5.40.010 Definitions.
A. "Business Activity" shall have the same meaning as defined in Chapter 5.04 of the
Buffalo Grove Municipal Code.
B. "Tenant Use Space" shall mean all area identified for use by a Business Activity but
not including interior parking spaces or loading spaces for motor vehicles.
5.40.020 Business Operations.
A. Except as otherwise provided in this Chapter, where the Tenant Use Space of a
Business Activity is located within sixty (60) feet of a residential dwelling unit, the
operation of the Tenant Use Space between the hours of midnight and seven a.m. is
prohibited. In determining the distance provided for in this section, the measurement
shall be from the closest point of a Tenant Use Space to the nearest residential
dwelling unit. This Section shall not apply to a Business Activity that occupies the
ground floor below a residential dwelling unit.
B. A Business Activity may petition the Village Manager to extend permitted hours of
operation, but in no event shall any approval be given for an opening time earlier
than five a.m. or a closing time later than two a.m. pursuant to the following
conditions:
1. The Village Manager determines that there is no detriment to public health, safety
and welfare.
1
4
AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED: August 5 , 2002.
APPPROVED: August 5 , 2002.
PUBLISHED: August 6 , 2002.
ATTEST:
Village Clerk
WGR c:desktop\hours of operation \cleanC 8/05/02C
C
Zq�
Village President