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2004-058% I 1 0 WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, sexually oriented businesses require special supervision in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the communities where they locate; and WHEREAS, the Village Corporate Authorities finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and, the concern over sexually transmitted diseases is a legitimate health concern of the Village that demands reasonable regulation of sexually oriented businesses in order to protect the health and well -being of the citizens; and WHEREAS, zoning restrictions as to location are legitimate means to mitigate against the adverse effects of adult entertainment facilities; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the Village Corporate Authorities want to prevent these adverse effects and thereby protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance that addresses the secondary effects of sexually oriented businesses as well as the health problems associated with such businesses; and WHEREAS, it is not the intent of the Village Corporate Authorities to condone or legitimize the distribution of obscene materials, and the Corporate Authorities recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state enforcement officials to enforce state and federal obscenity statutes against any such illegal activities in the Village of Buffalo Grove; and WHEREAS, notice was given and a hearing held in the manner provided by law to amend the Zoning Ordinance of the Village of Buffalo Grove; and v I 1 o WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove has held a public hearing, received testimony, prepared minutes, made certain findings, as hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD 0 TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COO COUNTIES, follows: Section 1. Purpose and Findings. A. Purpose: It is the purpose of this ordinance to regulate the location of sexually oriented businesses and related activities to promote the health, safety, morals, and general welfare of the citizens of the Village, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Village. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene materials. B. Findings: The preamble is incorporated into and made a part of this Ordinance. Section 2. Chapter 17.12 of the Village of Buffalo Grove Municipal Code is amended by amending by adding the following definition: 17.12.013 Adult Entertainment Establishment. An adult oriented commercial establishment licensed or subject to licensing as an Adult Entertainment Establishment pursuant to Chapter 5.70 of the Village of Buffalo Grove Municipal Code, including but not necessarily limited to adult cabarets, adult stores and adult theaters. Section 3. Subsection A of Chapter 17.48.020 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: A. Intent. The industrial district is intended to accommodate industrial and limited commercial activities which are most appropriate when located apart from or well buffered from residential development and which meet the requirements of the performance standards contained in Section 17.48.020.G. Adult Entertainment Establishments shall be located only in those areas of the Industrial District specified herein to mitigate against adverse effects and thereby protect the health, safety and welfare of the public; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight. Section 4. Subsection B of Chapter 17.48.020 of the Village of Buffalo Grove Municipal Code is hereby amended to add the following as a permitted use in certain portions of the Village: 2 U I 1 0 10. Adult Entertainment Establishment. The location of such establishments is restricted to the area bounded by Busch Parkway on the south; Corporate Grove Dr. from Busch Parkway to Asbury Dr. and Asbury Dr. extended north to Aptakisic Creek on the west; and Aptakisic Creek on the north and east. Section 5. 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 6. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Village of Buffalo Grove Municipal Code. Section 7. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None PASSED: June 21 2004. APPROVED: June 21 "illage Clerk 3 Village President 2004. KIIIII ADULT USE AREA* MAP A * Defined as the area bounded by Busch Parkway on the south, the north /south sections of Asbury Drive and Corporate N Grove Drive on the west extended north to Aptakisic Creek, and Aptakisic Creek on the north and east. 0 R �. = Area - T 300 100 300 H / / / 820 s w 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 June 21, 2004, the Corporate Authorities of the Village passed and approved Ordinance No. 2004 -58 entitled AN ORDINANCE AMENDING TITLE 17, ZONING ORDINANCE, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE REGARDING ADULT ENTERTAINMENT FACILITIES - 6121 provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2004 -58 including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing June 22, 2004, 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 22th day of June, 2004. Village erk �fiQS By 1V J WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, sexually oriented businesses require special supervision in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the communities where they locate; and WHEREAS, the Village Corporate Authorities finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and, the concern over sexually transmitted diseases is a legitimate health concern of the Village that demands reasonable regulation of sexually oriented businesses in order to protect the health and well -being of the citizens; and WHEREAS, zoning restrictions as to location are legitimate means to mitigate against the adverse effects of adult entertainment facilities; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the Village Corporate Authorities want to prevent these adverse effects and thereby protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and AS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance that addresses the secondary effects of sexually oriented businesses as well as the health problems associated with such businesses; and WHEREAS, it is not the intent of the Village Corporate Authorities to condone or legitimize the distribution of obscene materials, and the Corporate Authorities recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state enforcement officials to enforce state and federal obscenity statutes against any such illegal activities in the Village of Buffalo Grove; and WHEREAS, notice was given and a hearing held in the manner provided by law to amend the Zoning Ordinance of the Village of Buffalo Grove; and A WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove has held a public hearing, received testimony, prepared minutes, made certain findings, as hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, follows: Section 1® Purpose and Findings® A. Purpose: It is the purpose of this ordinance to regulate the location of sexually oriented businesses and related activities to promote the health, safety, morals, and general welfare of the citizens of the Village, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Village. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene materials. B. Findings: The preamble is incorporated into and made a part of this Ordinance. Section 2. Chapter 17.12 of the Village of Buffalo Grove Municipal Code is amended by amending by adding the following definition: 17.12 ®013 Adult Entertainment Establish ent. An adult oriented commercial establishment licensed or subject to licensing as an Adult Entertainment Establishment pursuant to Chapter 5.70 of the Village of Buffalo Grove Municipal Code, including but not necessarily limited to adult cabarets, adult stores and adult theaters. Section 3. Subsection A of Chapter 17.45.020 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: A. Intent. The industrial district is intended to accommodate industrial and limited commercial activities which are most appropriate when located apart from or well buffered from residential development and which meet the requirements of the performance standards contained in Section 17.45.020.G. Adult Entertainment Establishments shall be located only in those areas of the Industrial District specified herein to mitigate against adverse effects and thereby protect the health, safety and welfare of the public; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight. Section 4m Subsection B of Chapter 17.45.020 of the Village of Buffalo Grove Municipal Code is hereby amended to add the following as a permitted use in certain portions of the Village: f 4. 10. Adult Entertainment Establishment. The location of such establishments is restricted to the area bounded by Busch Parkway on the south; Corporate Grove Dr. from Busch Parkway to Asbury Dr. and Asbury Dr. extended north to Aptakisic Creek on the west, and Aptakisic Creek on the north and east. Section 5® 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 6. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Village of Buffalo Grove Municipal Code. Section 7. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES:. 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAPES: 0 - None ABSENT: 0 - None PASSED: June 21 12004. APPROVED: June 21 PUBLISHED:June 22 "illage Clerk 3 Village President 9 Me NM