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1977-0593111/04 ORDINANCE NO. 2004 - AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON DEVELOPMENT OF NEW BANKS AND FINANCIAL INSTITUTIONS IN THE VILLAGE'S BUSINESS DISTRICTS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, the Village of Buffalo Grove desires to preserve the character of the Village's business districts by encouraging the appropriate mix of retail and non - retail uses in such districts; and WHEREAS, the Village has experienced a drastic increase in the number of development proposals from banks and financial institutions regarding property in the business districts of the Village, or property planned for annexation to the Village; WHEREAS, banks and financial institutions require greater attention and service from the Buffalo Grove Police Department for safety and security reasons; and WHEREAS, an appropriate mix of banks, financial institutions, and retail service uses is necessary in order to ensure the vitality and commercial character of the business districts in the Village; and WHEREAS, the best interests and welfare of the Village and its residents require that the Village understand the patterns and demand of the growing banking industry and consider whether additional regulations are necessary or appropriate to manage the potential overdevelopment of banks and financial institutions in the Village's business districts; and WHEREAS, the establishment of new banks and financial institutions in the Village during the pendency of any such consideration may change the character of the Village's business districts to the possible detriment of the Village and its residents; and WHEREAS, in order to prevent a change in the character of the Village's business districts, the Village President and Board of Trustees have determined that it is necessary and in the best interests of the Village and its residents to impose a moratorium on any petitions for annexation, zoning, or special use for proposed new banks or financial institutions in the Village's business districts, as more specifically set forth in this Ordinance, in order to provide sufficient time for the Village to consider the possible adoption of additional regulations; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance by this reference. Section 2. Temporary Moratorium. A. Establishment. Beginning on the effective date of this Ordinance, no petition for annexation, concept and preliminary plan review, zoning, special use, or Tenant Use Form for a new bank or financial institution shall be approved by the Village for properties in the Village's B -1, B -2, B -3, B-4 and B-5 Districts or unincorporated areas (except as provided in Sections 2.C., 2.D. or 2.E.) ( "Temporary Moratorium "). B. Limited Time Period. The Temporary Moratorium, unless sooner terminated by Ordinance duly adopted by the Village Board shall remain in full force and effect for a limited period of 180 days from the effective date of this Ordinance. C. Limited Exception. Notwithstanding the limitations in Section 2.A of this Ordinance, a petitioner for annexation or concept and preliminary plan review in the Village's B -1, B -2, B -3, B-d and B -5 Districts intended for new banks or financial institutions may seek an exception from the provisions of the Temporary Moratorium by filing a request for relief with the Village Clerk. Such request for relief shall be considered by the President and Board of Trustees who may, by ordinance, grant the petitioner or applicant an exception to the provisions of the Temporary Moratorium. In order to obtain an exception to the provisions of the Temporary Moratorium, a petitioner or applicant shall demonstrate by clear evidence, and the Village Board of Trustees shall determine, (a)(i) that the effect of the Temporary Moratorium has caused or will cause an economic hardship on the applicant; (ii) that the applicant has no other reasonable use of the property in question other than the proposed use; (iii) that the applicant has made substantial investment in the development of a new bank or financial institution that is affected by the Temporary Moratorium, which investment was made in reasonable reliance on the regulations in effect prior to the Temporary Moratorium; and (iv) that the construction or occupancy of the new bank or financial institution as proposed complies with all other Village ordinances, regulations, and rules. 2 D. Exemption of Pending Applications. Notwithstanding the limitations in Section 2.A of this Ordinance, the Temporary Moratorium shall not apply to any petition for a new bank or financial institution in spaces or structures in the Village's B -1, B -2, B -3, B-4 or B -5 Districts if, prior to the effective date of this Ordinance, the owner of a proposed new use in spaces or structures in (or proposed to be in) the Village's B -1, B -2, B-3, B-4 or B -5 Districts has submitted to the Village a completed and executed petition or application for: (1) concept and preliminary plan review (inclusive of all required fees and submittals; or (2) subdivision approval or zoning relief, provided such approval or relief is granted by the Village. E. Conditional Processing of New Applications. Any proposal to build, remodel, alter, or otherwise establish new banks or financial institutions in spaces or structures in the Village's B -1, B -2, B -3, B-4 or B -5 Districts affected by the Temporary Moratorium may still be presented to the Village for consideration, and such applications will be processed conditionally during the pendency of the Temporary Moratorium, but no such application shall be finally approved: (i) until the expiration of the Temporary Moratorium, and (ii) unless the application complies with the applicable regulations in effect following the expiration of the Temporary Moratorium. Persons filing applications pursuant to this Section 2.E shall do so at their own risk. F. Exemption of Applications for Existing Bank or Financial Institutions . Notwithstanding Section 2.A, the Temporary Moratorium shall not apply to any renovation or remodeling of any existing banks or financial institutions in the Village's B -1, 13-2, B -3, B-4 or B -5 Districts provided that the renovation or remodeling is based on the same square footage, nor shall it apply to the replacement of any such banks or financial institutions with other comparable uses of the same square footage. G. Financial Institutions. For purposes of this ordinance, the term "financial institutions" shall apply to facilities where the primary use is as a financial institution and shall not apply to facilities where the primary use is a currency exchange or a loan office. Section 3. Report to Village Board. The Village Manager and staff are hereby authorized and directed to consider revisions to the provisions of Title 16, Development, and Title 17, Zoning, of the Buffalo Grove Municipal Code regulating non - retail uses in the Village' business districts and report their recommendations to the Village Board within 60 days of the adoption of this Ordinance. Section 4. Severability. 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. Effective Date. This ordinance shall be in full force and effect from and after the date of its passage, approval, and publication in pamphlet form. AYES: 5 - Braiman, Glover, Berman, Johnson, Trilling NAYES: 0 - None ABSENT: 1 - Kahn PASSED: March 15 2004. APPROVED: 2004. PUBLISHED: March 16 2004. APPROVED: Village President ATTEST: (Via e Clerk IL 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 15, 2004, the Corporate Authorities of the Village passed and approved Ordinance No. 2004 -35 entitled: An Ordinance establishing a temporary moratorium on development of new banks and financial institutions in the Village's Business Districts which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2004 -35 including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing March 15, 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 16th day of March, 2004. Vill Clerk By re IN 3/11/04 ORDINANCE NO. 2004 - 35 AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON DEVELOPMENT OF NEW BANKS AND FINANCIAL INSTITUTIONS IN THE VILLAGE'S BUSINESS DISTRICTS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, the Village of Buffalo Grove desires to preserve the character of the Village's business districts by encouraging the appropriate mix of retail and non - retail uses in such districts; .!1TI WHEREAS, the Village has experienced a drastic increase in the number of development proposals from banks and financial institutions regarding property in the business districts of the Village, or property planned for annexation to the Village; WHEREAS, banks and financial institutions require greater attention and service from the Buffalo Grove Police Department for safety and security reasons; and WHEREAS, an appropriate mix of banks, financial institutions, and retail service uses is necessary in order to ensure the vitality and commercial character of the business districts in the Village; and WHEREAS, the best interests and welfare of the Village and its residents require that the Village understand the patterns and demand of the growing banking industry and consider whether additional regulations are necessary or appropriate to manage the potential overdevelopment of banks and financial institutions in the Village's business districts; and WHEREAS, the establishment of new banks and financial institutions in the Village during the pendency of any such consideration may change the character of the Village's business districts to the possible detriment of the Village and its residents; and WHEREAS, in order to prevent a change in the character of the Village's business districts, the Village President and Board of Trustees have determined that it is necessary and in the best interests of the Village and its residents to impose a moratorium on any petitions for annexation, zoning, or special use for proposed new banks or financial institutions in the Village's business districts, as more specifically set forth in this Ordinance, in order to provide sufficient time for the Village to consider the possible adoption of additional regulations; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance by this reference. Section 2. Temporary Moratorium. A. Establishment. Beginning on the effective date of this Ordinance, no petition for annexation, concept and preliminary plan review, zoning, special use, or Tenant Use Form for a new bank or financial institution shall be approved by the Village for properties in the Village's B -1, B -2, B -3, B-4 and B -5 Districts or unincorporated areas (except as provided in Sections 2.C., 2.D. or 2.E.) ( "Temporary Moratorium "). B. Limited Time Period. The Temporary Moratorium, unless sooner terminated by Ordinance duly adopted by the Village Board shall remain in full force and effect for a limited period of 180 days from the effective date of this Ordinance. C. Limited Exception. Notwithstanding the limitations in Section 2.A of this Ordinance, a petitioner for annexation or concept and preliminary plan review in the Village's B -1, B -2, B -3, B-4 and B -5 Districts intended for new banks or financial institutions may seek an exception from the provisions of the Temporary Moratorium by filing a request for relief with the Village Clerk. Such request for relief shall be considered by the President and Board of Trustees who may, by ordinance, grant the petitioner or applicant an exception to the provisions of the Temporary Moratorium. In order to obtain an exception to the provisions of the Temporary Moratorium, a petitioner or applicant shall demonstrate by clear evidence, and the Village Board of Trustees shall determine, (a)(i) that the effect of the Temporary Moratorium has caused or will cause an economic hardship on the applicant; (ii) that the applicant has no other reasonable use of the property in question other than the proposed use; (iii) that the applicant has made substantial investment in the development of a new bank or financial institution that is affected by the Temporary Moratorium, which investment was made in reasonable reliance on the regulations in effect prior to the Temporary Moratorium; and (iv) that the construction or occupancy of the new bank or financial institution as proposed complies with all other Village ordinances, regulations, and rules. E l D. Exemption of Pending Applications. Notwithstanding the limitations in Section 2.A of this Ordinance, the Temporary Moratorium shall not apply to any petition for a new bank or financial institution in spaces or structures in the Village's B -1, B -2, B -3, B-4 or B -5 Districts if, prior to the effective date of this Ordinance, the owner of a proposed new use in spaces or structures in (or proposed to be in) the Village's B-1, B -2, B -3, B-4 or B -5 Districts has submitted to the Village a completed and executed petition or application for: (1) concept and preliminary plan review (inclusive of all required fees and submittals; or (2) subdivision approval or zoning relief, provided such approval or relief is granted by the Village. E. Conditional Processing of New Applications. Any proposal to build, remodel, alter, or otherwise establish new banks or financial institutions in spaces or structures in the Village's B -1, B -2, B -3, B-4 or B -5 Districts affected by the Temporary Moratorium may still be presented to the Village for consideration, and such applications will be processed conditionally during the pendency of the Temporary Moratorium, but no such application shall be finally approved: (i) until the expiration of the Temporary Moratorium, and (ii) unless the application complies with the applicable regulations in effect following the expiration of the Temporary Moratorium. Persons filing applications pursuant to this Section 2.E shall do so at their own risk. F. Exemption of Applications for Existing Bank or Financial Institutions . Notwithstanding Section 2.A, the Temporary Moratorium shall not apply to any renovation or remodeling of any existing banks or financial institutions in the Village's B -1, B -2, B -3, B-4 or B -5 Districts provided that the renovation or remodeling is based on the same square footage, nor shall it apply to the replacement of any such banks or financial institutions with other comparable uses of the same square footage. G. Financial Institutions. For purposes of this ordinance, the term "financial institutions" shall apply to facilities where the primary use is as a financial institution and shall not apply to facilities where the primary use is a currency exchange or a loan office. Section 3. Report to Village Board. The Village Manager and staff are hereby authorized and directed to consider revisions to the provisions of Title 16, Development, and Title 17, Zoning, of the Buffalo Grove Municipal Code regulating non - retail uses in the Village' business districts and report their recommendations to the Village Board within 60 days of the adoption of this Ordinance. Section 4. Severability. 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. Effective Date. This ordinance shall be in full force and effect from and after the date of its passage, approval, and publication in pamphlet form. AYES: 5 - Braiman, Glover, Berman, Johnson, Trilling NAYES: 0 - None ABSENT: 1 - Kahn PASSED: 3 2004. APPROVED: March 15 2004. PUBLISHED: APPROVED: Village Pr ent ATTEST: W WiWage Clerk 2004.