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2008-06408/18/2008 ORDINANCE NO. 2008- 64 • An Ordinance Concerning Voting Requirements For Special Uses WHEREAS, the Village of Buffalo Grove is a home rule municipality pursuant to the Illinois Constitution of 1970; WHEREAS, the Village of Buffalo Grove has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs; WHEREAS, the Village of Buffalo Grove has the authority to adopt its own rules of procedure in determining the voting requirements for granting a special use; WHEREAS, Section 17.28.030.C. of the Village of Buffalo Grove Municipal Code provides that the Village Corporate Authorities after receiving the recommendations of the Plan Commission for a special use shall accept the recommendations in whole or in part, or may rej ect them in whole or in part or may refer the matter back to the Plan Commission for further consideration and further provides that the Corporate Authorities may then authorize by ordinance a special use; WHEREAS, Section 5/11- 13 -1.1 of the Illinois Municipal Code, 65 ILCS 5/11- 13-1.1, was amended effective August 30, 1989 by Public Act 86 -330, which amendment provided in part that "any proposed special use which fails to receive the approval of the commission or committee designated by the corporate authorities to hold the public hearing shall not be approved by the corporate authorities except by a favorable majority vote of all aldermen, commissioners or trustees of the municipality the holding office;" WHEREAS, the enactment of Public Act 86 -330 created an inconsistency with the then existing voting requirement of Section 17.28.030.0 of the Buffalo Grove Municipal Code and that this inconsistency needs to be resolved; WHEREAS, the Corporate Authorities have determined that, in order to resolve this inconsistency, it is necessary and appropriate for the Village, pursuant to its home rule authority, to supersede by ordinance that part of Section 5/11- 13 -1.1 of the Illinois Municipal Code, 65 ILCS 5/11- 13 -1.1, which states as follows: "any proposed special use which fails to receive the approval of the commission or committee designated by the corporate authorities to hold the public hearing shall not be approved by the corporate authorities except by a favorable majority vote of all aldermen, commissioners or trustees of the municipality the holding office;" and that said requirement shall not apply to the Corporate Authorities voting on a special use recommendation from the Plan Commission; WHEREAS, the vote necessary to enact an ordinance authorizing a special use shall require the concurrence of a majority of the Corporate Authorities then holding office. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, pursuant to its home rule authority, as follows: Section 1. That the facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. The passage of any ordinance authorizing a special use shall require the concurrence of a majority of the Corporate Authorities then holding office and any provision in 65 ILCS 5/11- 13 -1.1 inconsistent with the foregoing shall not apply. Section 3. In all other respects not inconsistent with this Ordinance the provisions of 65 ILCS 5/11- 13 -1.1 shall continue to apply to special uses in the Village of Buffalo Grove: Section 4. 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 5. This Ordinance is adopted pursuant to Section 6 of Article VII of the Constitution of the State of Illinois and shall be effective upon its passage and approval. This Ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling NAYES: 0 - None ABSENT: 1 - Rubin PASSED: September 8 2008. APPROVED: September 8 .2008 ATTEST: illage Clerk APPROVED: 2 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, September 8, 2008 the Corporate Authorities of the Village passed and approved Ordinance No. 2008 -64, AN ORDINANCE CONCERNING VOTING REQUIREMENTS FOR SPECIAL USES provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2008 -64, 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 September 19, 2008 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 9th day of September, 2008. VXllahe Clerk Lo 08/18/2008 ORDINANCE NO. 2008- 64 An Ordinance Concerning Voting Requirements For Special Uses WHEREAS, the Village of Buffalo Grove is a home rule municipality pursuant to the Illinois Constitution of 1970; WHEREAS, the Village of Buffalo Grove has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs; WHEREAS, the Village of Buffalo Grove has the authority to adopt its own rules of procedure in determining the voting requirements for granting a special use; WHEREAS, Section 17.28.030.C. of the Village of Buffalo Grove Municipal Code provides that the Village Corporate Authorities after receiving the recommendations of the Plan Commission for a special use shall accept the recommendations in whole or in part, or m,--y reject them in whole or in part or may refer the matter back to the Plan Commission for further consideration and further provides that the Corporate Authorities may then authorize by ordinance a special use; WHEREAS, Section 5/11- 13 -1.1 of the Illinois Municipal Code, 65 ILCS 5/11- 13-1.1, was amended effective August 30, 1989 by Public Act 86 -330, which amendment provided in part that "any proposed special use which fails to receive the approval of the commission or committee designated by the corporate authorities to hold the public hearing shall not be approved by the corporate authorities except by a favorable majority vote of all aldermen, commissioners or trustees of the municipality the holding office;" WHEREAS, the enactment of Public Act 86 -330 created an inconsistency with the then existing voting requirement of Section 17.28.030.0 of the Buffalo Grove Municipal Code and that this inconsistency needs to be resolved; WHEREAS, the Corporate Authorities have determined that, in order to resolve this inconsistency, it is necessary and appropriate for the Village, pursuant to its home rule authority, to supersede by ordinance that part of Section 5/11- 13 -1.1 of the Illinois Municipal Code, 65 ILCS 5/11- 13 -1.1, which states as follows: "any proposed special use which fails to receive the approval of the commission or committee designated by the corporate authorities to hold the public hearing shall not be approved by the corporate authorities except by a favorable majority vote of all aldermen, commissioners or trustees of the municipality the holding office;" and that said requirement shall not apply to the Corporate Authorities voting on a special use recommendation from the Plan Commission; WHEREAS, the vote necessary to enact an ordinance authorizing a special use shall require the concurrence of a majority of the Corporate Authorities then holding office. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, pursuant to its home rule authority, as follows: Section 1. That the facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. The passage of any ordinance authorizing a special use shall require the concurrence of a majority of the Corporate Authorities then holding office and any provision in 65 ILCS 5/11- 13 -1.1 inconsistent with the foregoing shall not apply. Section 3. In all other respects not inconsistent with this Ordinance the provisions of 65 ILCS 5/11- 13 -1.1 shall continue to apply to special uses in the Village of Buffalo Grove. Section 4. 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 5. This Ordinance is adopted pursuant to Section 6 of Article VII of the Constitution of the State of Illinois and shall be effective upon its passage and approval. This Ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling NAPES: 0 - None ABSENT: 1 - Rubin PASSED: September 8 APPROVED: September 8 ATTEST: illage Clerk APPROVED: 2 Village President N 2008.