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2004-0808/16/2004 o • ORDINANCE NO. 2004 - 80 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE CHAPTER 17 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Amendment to Chapter 17.12 — Definitions Section 17.12.197. — Drive - through service facility Amendment to Section 17.44.020.B. Permitted Uses in the B -1 District, Limited Retail Amendment to Section 17.44.030.B. Permitted Uses in the B -2 District, General Retail Amendment to Section 17.44.030.0.17 and C.18 — Special Uses in the B -2 Business District Amendment to Section 17.44.050.0.17 — Special Uses in the B -4 Business District Section Amendment to Section 17.48.010.B.6 — Permitted Uses in the Office & Research District Amendment to Section 17.48.010.C.7 — Special Uses in the Office & Research District WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, a drive- through service facility is not defined in the Village Zoning Ordinance; and, WHEREAS, the Village has determined that text amendments to the Zoning Ordinance, Title 17 of the Municipal Code, are necessary concerning "drive- through service facility" to provide appropriate controls to ensure the public health, safety and welfare; and, WHEREAS, the President and Trustees of the Village have conducted a public hearing concerning said amendments and have determined that the proposed amendments are appropriate to properly regulate drive- through service facilities. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 0 2 0 Section 1. Chapter 17.12. "Definitions" is hereby amended by adding the following: 17.12.197.: Drive - through service facility A business establishment that provides products or services to occupants in motor vehicles rather than within a building, but not including the dispensing of fuels at an automobile service station. Said facility is accessory to the principal use on a business property and does not involve the consumption of products in a motor vehicle on the property. A drive- through service facility shall be incorporated as an integral part of the site development and building design, and shall include safe and efficient vehicular ingress, egress and queuing. Section 2. Section 17.44.020.B. Permitted Uses in the B -1 District, Limited Retail, is hereby amended by deleting therefrom "Banks and financial institutions" and inserting in lieu thereof the following: Banks and financial institutions, not including drive- through service facilities Section 3. Section 17.44.030.B. Permitted Uses in the B -2 District, General Retail, is hereby amended by deleting therefrom "Restaurant drive -in facilities for window service of prepared and packaged food where said foods are not consumed on the premises and drive -in restaurants or food stands catering to customers with facilities for parking on the premises for consumption of food in autos" and inserting in lieu thereof the following: Restaurants, not including drive- through or drive -in service Section 4. Section 17.44.030.C. Special Uses in the B -2 District, General Retail is hereby amended by adding the following: 17. Restaurant drive -in facilities for window service of prepared and packaged food where said foods are not consumed on the premises and drive -in restaurants or food stands catering to customers with facilities for parking on the premises for consumption of food in motor vehicles. 18. Drive - through service facilities for businesses other than pharmacies and restaurants. Section 5. Section 17.44.050.C. — Special Uses in the B -4 Business District is hereby amended by adding the following: 17. Restaurant drive -in facilities for window service of prepared and packaged food where said foods are not consumed on the premises and drive -in restaurants or food stands catering to customers with facilities for parking on the premises for consumption of food in motor vehicles. 0 3 0 18. Drive- through service facilities for businesses other than pharmacies and restaurants Section 6. Subsection 6 of Section 17.48.010.B. — Permitted Uses in the Office and Research District is hereby amended to read as follows: 6. Banks and financial institutions, not including drive- through service Section 7. Section 17.48.010.C. — Special Uses in the Office and Research District is hereby amended by adding the following: 7. Drive - through service facilities for banks and financial institutions Section 8. This ordinance shall be in full force and effect immediately from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 — Braiman, Glover, Johnson, Kahn, Trilling NAYES: 0 — None ABSENT: 1 - Berman PASSED: August 16, 2004 PUBLISHED: August 17, 2004 ATTEST: Vttage Clerk APPROVED: August 16, 2004 APPROVED: �-/ `..� ELLIOTT HARTSTEIN, Village President 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 30, 2004 the Corporate Authorities of the Village passed and approved Ordinance No. 2004 -80 entitled: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, CHAPTER 17 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS (CONCERNING DRIVE- THROUGH FACILITIES IN BUSINESS AND OFFICE & RESEARCH DISTRICTS provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2004 -80, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing August 31, 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 31st day of August, 2004. -fin f 4 � / Village Ckrk �AA e- ( I.-' -I slF a' 8/16/2004 ORDINANCE NO. 2004 - 80 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE CHAPTER 17 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Amendment to Chapter 17.12 — Definitions Section 17.12.197. — Drive - through service facility Amendment to Section 17.44.020.B. Permitted Uses in the B -1 District Limited Retail Amendment to Section 17.44.030.B. Permitted Uses in the B -2 District General Retail Amendment to Section 17.44.030.C.17 and C-18 — Special Uses in the B -2 Business District Amendment to Section 17.44.050.C.17 — Special Uses in the B -4 Business District Section Amendment to Section 17.48.010.B.6 — Permitted Uses in the Office & Research District Amendment to Section 17.48.010.C.7 — Special Uses in the Office & Research District WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, a drive - through service facility is not defined in the Village Zoning Ordinance; and, WHEREAS, the Village has determined that text amendments to the Zoning Ordinance, Title 17 of the Municipal Code, are necessary concerning "drive- through service facility" to provide appropriate controls to ensure the public health, safety and welfare; and, WHEREAS, the President and Trustees of the Village have conducted a public hearing concerning said amendments and have determined that the proposed amendments are appropriate to properly regulate drive- through service facilities. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 4 2 Section 1. Chapter 17.12. "Definitions" is hereby amended by adding the following: 17.12.197.: Drive - through service facility A business establishment that provides products or services to occupants in motor vehicles rather than within a building, but not including the dispensing of fuels at an automobile service station. Said facility is accessory to the principal use on a business property and does not involve the consumption of products in a motor vehicle on the property. A drive- through service facility shall be incorporated as an integral part of the site development and building design, and shall include safe and efficient vehicular ingress, egress and queuing. Section 2. Section 17.44.020.B. Permitted Uses in the B -1 District, Limited Retail, is hereby amended by deleting therefrom "Banks and financial institutions" and inserting in lieu thereof the following: Banks and financial institutions, not including drive- through service facilities Section 3. Section 17.44.030.B. Permitted Uses in the B -2 District, General Retail, is hereby amended by deleting therefrom "Restaurant drive -in facilities for window service of prepared and packaged food where said foods are not consumed on the premises and drive -in restaurants or food stands catering to customers with facilities for parking on the premises for consumption of food in autos" and inserting in lieu thereof the following: Restaurants, not including drive- through or drive -in service Section 4. Section 17.44.030.C. Special Uses in the B -2 District, General Retail is hereby amended by adding the following: IT Restaurant drive -in facilities for window service of prepared and packaged food where said foods are not consumed on the premises and drive -in restaurants or food stands catering to customers with facilities for parking on the premises for consumption of food in motor vehicles. 18. Drive - through service facilities for businesses other than pharmacies and restaurants. Section 5. Section 17.44.050.C. — Special Uses in the B -4 Business District is hereby amended by adding the following: IT Restaurant drive -in facilities for window service of prepared and packaged food where said foods are not consumed on the premises and drive -in restaurants or food stands catering to customers with facilities for parking on the premises for consumption of food in motor vehicles. k 3 18. Drive- through service facilities for businesses other than pharmacies and restaurants Section 6. Subsection 6 of Section 17.48.010.B. — Permitted Uses in the Office and Research District is hereby amended to read as follows: 6. Banks and financial institutions, not including drive- through service Section 7. Section 17.48.010.C. — Special Uses in the Office and Research District is hereby amended by adding the following: 7. Drive - through service facilities for banks and financial institutions Section 8. This ordinance shall be in full force and effect immediately from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 — Braiman, Glover, Johnson, Kahn, Trilling NAPES: 0 —None ABSENT: 1 - Berman PASSED: August 16, 2004 PUBLISHED: August 17, 2004 ATTEST: Vi age Clerk APPROVED: August 16, 2004 APPROVED: ELLIOTT HARTSTEIN, Village President