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2009-0213/09/2009 ORDINANCE NO. 2009- . 21 AN ORDINANCE AMENDING CHAPTER 15.20, FENCE CODE, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS AND PURSUANT TO ITS HOME RULE AUTHORITY: SECTION 1: Section 15.20.110 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 15.20.110 Variance — Authority to grant. A. The Zoning Board of Appeals 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; 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. SECTION 2: Should any section or provision of this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid. SECTION 3: Any person violating the provisions of this Chapter shall be punished according to the provisions of Chapter 1.08 General Penalty. SECTION 4: 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, Kahn, Trilling, Rubin NAYES: 0 - N ABSENT: 0 - None PASSED: April 6 , 2009. APPROVED: April 6 , 2009. PUBLISHED: April 7 , 2009. APPROVED: 4A4 ' / !?—� -- Village President ATTEST: Q Yn Village Clerk F:\RZLLC\Buffalo Grove \103.1001 \Ordinances\Fence Code Variation Ord.doc 2 r - 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, April 6, 2009 the Corporate Authorities of the Village passed and approved Ordinance No. 2009 -21, An Ordinance Amending chapter 15.20, Fence Code of the Village of Buffalo Grove Municipal Code provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2009 -21, 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 April 7, 2009 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 7th day of April, 2009. 3/09/2009 ORDINANCE NO. 2009- 21 AN ORDINANCE AMENDING CHAPTER 15.20 FENCE CODE OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS AND PURSUANT TO ITS HOME RULE AUTHORITY: SECTION 1: Section 15.20.110 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 15.20.110 Variance — Authority to grant. A. The Zoning Board of Appeals 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; 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. SECTION 2: Should any section or provision of this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid. SECTION 3: Any person violating the provisions of this Chapter shall be punished according to the provisions of Chapter 1.08 General Penalty. SECTION 4: 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, Kahn, Trilling, Rubin NAYES: 0 - None ABSENT: 0 - None PASSED: April 6 , 2009. APPROVED: April 6 , 2009. PUBLISHED: April 7 , 2009. APPROVED: Village President ATTEST: t 1-1Y) Village Clerk F:\RZLLC\Buffalo Grove \103.1001 \Ordinances\Fence Code Variation Ord.doc E