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2010-0163/8/2010 i ORDINANCE NO. 2010 —16 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE TITLE 17 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Amendment to Chapter 17.12. — Definitions Section 17.12.141— Child day care home Amendment to Section 17.28.060.B. concerning conditions for approval of a child day care home WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, the Village has determined that text amendments to the Village Zoning Ordinance, Title 17 of the Buffalo Grove Municipal Code, are necessary concerning the definition of a child day care home and the conditions for approval of a child day care home; and, WHEREAS, the Village Plan Commission conducted a public hearing on October 21, 2009 concerning said amendments and determined that the proposed amendments are appropriate to properly regulate child day care homes, and the Plan Commission has forwarded its findings and recommendations to the Village Board. 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. Section 17.12.141, Child day care home, in Chapter 17.12 "Definitions" of the Buffalo Grove Municipal Code is hereby amended to read as follows: 17.12.141. Child day care home A family home, operated by a full —time resident of the home, which receives more than three children up to a maximum of eight children for less than twenty -four hours per day. There shall be no more than twelve children in any twenty -four hour day, and no more than eight children at any one time. The maximum number of children includes the family's natural or adopted children and all other persons under the age of fourteen. 0 2 Section 2. Subsection B. of Section 17.28.060. of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: B. Conditions for Approval. The Plan Commission shall review a special use application for compliance with the following criteria and standards: 1. A special use for a child day care home shall meet the requirements of Section 17.28.040. 2. Verification that the day care provider is a full —time resident of the home. 3. Verification that the home is licensed by the Illinois Department of Children and Family Services, and that applicable requirements of the Illinois Department of Public Health will be met. 4. Inspection by the Village Department of Building and Zoning, Health Officer and' Fire Department to determine that all life - safety, health and other applicable codes, will be met. 5. That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 6. The following standards shall be met: a. Provision of child care shall be limited each day to the hours of 6:00 a.m. to 8:00 p.m. Outdoor play shall not be allowed before 8:00 a.m. b. Adequate space shall be provided on the driveway of the property for parking while children are being dropped off or picked up at the home. C. Traffic congestion or safety hazards shall not be created in the adjacent neighborhood. d. A play area shall be provided in the rear yard of the property. Said area shall be enclosed by a fence at least four feet in height to ensure the safety of the children. The fenced play area shall be secured with self— closing and self — latching gate(s) as approved by the Village. Said play area shall be screened from adjacent properties with fencing or landscaping. e. The day care activities shall not create undue noise or other nuisances for adjacent properties. There shall be no outdoor sound amplification devices which produce distinctly and loudly audible sounds beyond the boundary of the property from which the sound originates. C 3 f. Employees who are not residents of the day care home may be employed by the day care provider, if it is determined by the Plan Commission that this would not be detrimental to the neighborhood. Parking shall be provided on the property for any employee driving to the home. g. An approved day care home shall be subject to periodic inspection by the Village in accordance with Village procedures for .inspections concerning health, life - safety and other applicable regulations. h. The Plan Commission and Corporate Authorities may impose conditions and restrictions as may be .necessary or appropriate to comply with the foregoing criteria and standards. The foregoing standards may be modified as deemed reasonable in specific cases. i. The Plan Commission shall consider the number and location of other child day care homes so as to avoid congestion and other negative impacts. Section 3. 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, Trilling, Stone, Sussman NAYS: 0 — None W PASSED: �-'%Vwp . March 8, 2010 APPROVED: March 8, 2010 PUBLISHED: March 9, 2010 ATTEST: age Clerk APPROVED: ELLIOTT HARTSTEIN, Village President Q4 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, March 08, 2010 the Corporate Authorities of the Village passed and approved Ordinance No. 2010 -16, AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE TITLE 17 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2010 -16, 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 March 08, 2010 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 8TH day of March, 2010. 91 wA M A / fage Clerk 4 1� 0 3/8/2010 ORDINANCE NO. 2010 —16 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE TITLE 17 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Amendment to Chapter 17.12. — Definitions Section 17.12.141— Child day care home Amendment to Section 17.28.060.B. concerning conditions for approval of a child day care home WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, the Village has determined that text amendments to the Village Zoning Ordinance, Title 17 of the Buffalo Grove Municipal Code, are necessary concerning the definition of a child day care home and the conditions for approval of a child day care home; and, WHEREAS, the Village Plan Commission conducted a public hearing on October 21, 2009 concerning said amendments and determined that the proposed amendments are appropriate to properly regulate child day care homes, and the Plan Commission has forwarded its findings and recommendations to the Village Board. 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. Section 17.12.141, Child day care home, in Chapter 17.12 "Definitions" of the Buffalo Grove Municipal Code is hereby amended to read as follows: 17.12.141. Child day care home A family home, operated by a full —time resident of the home, which receives more than three children up to a maximum of eight children for less than twenty -four hours per day. There shall be no more than twelve children in any twenty -four hour day, and no more than eight children at any one time. The maximum number of children includes the family's natural or adopted children and all other persons under the age of fourteen. 2 Section 2. Subsection B. of Section 17.28.060. of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: B. Conditions for Approval. The Plan Commission shall review a special use application for compliance with the following criteria and standards:. 1. A special use for a child day care home shall meet the requirements of Section 17.28.040. 2. Verification that the day care provider is a full —time resident of the home. 3. Verification that the home is licensed by the Illinois Department of Children and Family Services, and that applicable requirements of the Illinois Department of Public Health will be met. 4. Inspection by the Village Department of Building and Zoning, Health Officer and Fire Department to determine that all life - safety, health and other applicable codes will be met. 5. That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 6. The_ following standards shall be met: a. Provision of child care shall be limited each day to the hours of 6:00 a.m. to 8:00 P.M. Outdoor play shall not be allowed before 8:00 a.m. b. Adequate space shall be provided on the driveway of the property for parking while children are being dropped off or picked up at the home. C. Traffic congestion or safety hazards shall not be created in the adjacent neighborhood. d. A play area shall be provided in the rear yard of the property. Said area shall be enclosed by a fence at least four feet in height to ensure the safety of the children. The fenced play area shall be secured with self— closing and self — latching gate(s) as approved by the Village. Said play area shall be screened from adjacent properties with fencing or landscaping. e. The day care activities shall not create undue noise or other nuisances for adjacent properties. There shall be no outdoor sound amplification devices which produce distinctly and loudly audible sounds beyond the boundary of the property from which the sound originates. 3 f. Employees who are not residents of the day care home may be employed by the day care provider, if it is determined by the Plan Commission that this would not be detrimental to the neighborhood. Parking shall be provided on the property for any employee driving to the home. g. An approved day care home shall be subject to periodic inspection by the Village in accordance with Village procedures for inspections concerning health, life - safety and other applicable regulations. h. The Plan Commission and Corporate Authorities may impose conditions and restrictions as may be necessary or appropriate to comply with the foregoing criteria and standards. The foregoing standards may be modified as deemed reasonable in specific cases. i. The Plan Commission shall consider the number and location of other child day care homes so as to avoid congestion and other negative impacts. Section 3. 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 Trilling Stone Sussman NAYS: 0.— None ABSENT: 0 — None PASSED: March 8, 2010 APPROVED: March 8, 2010 PUBLISHED: March 9, 2010 ATTEST: APPROVED: i age Clerk ELLIOTT HARTSTEIN, Village President