2015-05-18 - Ordinance 2015-034 - AMENDING THE COMPREHENSIVE ZONING ORDINANCE TITLE 17 ORDINANCE NO. 2015—34
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 17.12.403— Negative Use Restriction
Amendment to Chapter 17.20—General Provisions
Section 17.20.120— Prohibition Against Negative Use Restrictions
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and,
WHEREAS, the Village of Buffalo Grove ("Village") has enacted the Buffalo Grove Zoning
Ordinance (Zoning Ordinance), Title 17 of the Buffalo Grove Municipal Code; and
WHEREAS, the Village finds that permitted and special uses allowed under the Zoning
Ordinance promote the public healthy, safety and general welfare of its citizenry, preserves the
overall quality of life of residents, maintains and promotes economic development and growth
of the Village, and maintains orderly and compatible land use and development (collectively
referred to as the "Purposes"); and
WHEREAS, the Village finds that the public health, safety and general welfare of the
residents of the Village are furthered when residents have access to grocery stores and drug
stores, both of which meet basic human needs; and
WHEREAS, while there is a recognized right of private parties to impose restrictions
greater than those set forth in the Zoning Ordinance which will be recognized if they are valid
and enforceable, under Illinois law, private parties are not free to enter into and impose
restrictions against private property if such restrictions are against public policy; and
WHEREAS, the Village finds that the Purposes are frustrated, the public health, safety
and general welfare of residents of the Village are compromised, and the benefits of
competition in the marketplace are lost when private parties impose recorded negative use
restrictions upon real property in the Village which prohibit or have the economic or practical
effect of prohibiting the use of such real property for grocery store or drug store purposes after
a grocery store or drug store owner or operator has terminated operations at the site, which
negative use restrictions are in conflict with, and purport to limit, the uses that would
otherwise be permitted under the Zoning Ordinance (such restrictions are collectively referred
to as "Negative Use Restrictions"); and
WHEREAS, the Village finds that such Negative Use Restrictions are separate and
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distinct from non-compete clauses included in shopping center development agreements
whereby landlord may agree with a tenant that is a grocery store or drug store tm not lease
other space in the same shopping center to a second grocery store or drug store, as applicable,
in order to induce the first tenant to sign a long-term lease as an anchor tenant at such
shopping center development, which non-compete clauses the Village finds tmbecommercially
reasonable; and
WHEREAS, the Village finds, in contrast, however, that Negative Use Restrictions, which
enable a prior owner or operator of grocery store or drug store, after terminating operations
at a site, to prevent any competitor from operating a grocery store or a drug store at such site
in the future serve no public purpose but instead have significant deleterious and blighting
effects on the affected community's health, safety and general welfare; and
WHEREAS, the Village finds that because grocery stores and drug stores frequently
occupy large tracts of land in the centers of residential neighborhoods, or at key intersections,
the continued presence of grocery store or drugstore at such locations serves as a catalyst to
other development and advances the general health, safety and welfare of the residents of the
Village, particularly those who are elderly and dependent upon public transportation; and
WHEREAS, the Village Board conducted a public hearing on May 4, 30I5 concerning
amending the Zoning Ordinance pertaining to Negative Use Restrictions;
NOW, THEREFORE, 8E |T ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES [)F
THE VILLAGE (]F BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate
Authorities and made a part hereof.
Section 2. Chapter 17.12 "Definitions" of the Buffalo Grove Municipal Code is
hereby amended by adding the following Section 17.12.403 in its entirety:
17.12.403. Negative Use Restrictions
"Negative Use Restrictions" are Restrictive Covenants or other restrictions that are
recorded against real property that is zoned in any B Zoning District that prohibit or
have the economic or practical effect of prohibiting the use of such real property for
grocery store or drug store purposes after a grocery store or drug store owner or
operator has terminated operations at the site, which negative use restrictions are in
conflict with, and purport to limit, the uses that would otherwise be permitted under
the Zoning Ordinance.
Section 3. Chapter 17.20 "General Provision" of the Buffalo Grove Municipal Code is
hereby amended by adding the following Section 17.20.120 in its entirety:
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27.20.120. Prohibition against Negative Use Restrictions
A. Scope of Prohibition against Negative Use Restrictions.
Any private agreement, deed restriction, lease, restrictive covenant, restriction or any
other instrument that purports to impose recorded Negative Use Restrictions upon real
property in the Village so as to prohibit or have the economic or practical effect of
prohibiting the use mf such real property asfollows:
I. for grocery store or drug store purposes; and
2. after a grocery store or drug store owner or operator of a store has terminated
operations at the site, when such uses are otherwise be permitted, including as a
special use, under the Zoning Ordinance, and
8. which Negative Use Restriction has a term of more than one year, and
4. the grocery store or drug store has an excess of7,5O0 square feet of floor space
shall be against public policy, shall be void and unenforceable, and shall be subject to
the Village's remedial and enforcement powers under the Zoning Ordinance and the
laws of the State of Illinois. Furthermore, a current owner of a site, that is subject to
such Negative Use Restrictions, has the right to enforce this provision bV seeking an
injunction or other remedy from the Circuit Court.
B. Exceptions
The foregoing prohibition shall not apply to an owner or operator ofa grocery store
or drugstore which terminates operations at a site for purposes of relocating such
operations into a comparable or larger store located within the Village and within
one-half mile of the site where operations have terminated, provided such
relocation and the commencement of operations at the new site occurs within two
years and the Negative Use Restriction imposed does not have aterrn in excess of
three years.
Section . 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 shall be in full force and effect from and after its passage,
approval and publication. This ordinance may be published in pamphlet form.
AYES:
4
ABSENT: 0- None
PASSED: Mav 18, 2015.
APPROVED: May 18, 2015.
PUBLISHED: Mav 19, 2015.
ATTEST: APPROVED:
Village Clerk Beverly Suss n, Village President