2016-02-22 - Ordinance 2016-008 - AMENDING THE COMPREHENSIVE ZONING ORDINANCE, TITLE 17 OF THE MUNICIPAL CODE 2/16/2016
ORDINANCE NO. 2016—008
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE
TITLE 17 OF THE MUNICIPAL CODE
OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS
Amendment to Chapters:
17.12 — Definitions
17.44 Business Districts
17.48 Office and Industrial Districts
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 health, 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 desires to amend the Zoning Ordinance to define and redefine
certain existing uses throughout the Village; and
WHEREAS, the Village has determined that text amendments to the Zoning Ordinance,
are necessary concerning consistency and clarity in regards t o t he Zoning Ordinance; and
WHEREAS, the Village Board conducted a public hearing on February 22, 2016
concerning the amendments found in this ordinance to the Zoning Ordinance;
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. 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 Sections in their entirety:
17.12.283. Health club
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A recreational facility containing athletic or physical conditioning equipment, racquet
courts, and/or a swimming pool, which is operated on a private membership basis and
restricted to use by members and their guests.
17.12.396 Massage establishment
Any establishment having a fixed place of business where any person, firm, association,
or corporation engages in, or carries on, or permits to be engaged in or carried on any of
the activities of the practice of massage.
17.12.404 Nonacademic schools, classes and instruction
All non-public commercial uses that focus on the training and practice of particular skills
including:
1. handicrafts, arts and crafts;
2. business-,
3. trades, motalworks, woodworks, glassworks;
4. gymnastics-,
5. boxing;
6. martial arts, karate,judo, tae kwon do;
7. yoga, Pilates,
8. cooking, baking and culinary arts-,
9. sewing, crafting, needlework, sera pboo king,
10. music, dance, acting-,
17.12.467 Preschool/Elementary School.
A public, private or parochial institution for preschool and up to and including grade 8,
is offers instruction in any of the branches of learning and study as taught in the
public schools pursuant t o t he Illinois State Board of Education.
17.52.553 Swimming pool (Public)
Any artificial basin of water is has been modified, improved, constructed or installed
forte purpose of public swimming, and includes pools for community use, pools at
apartments having five or more units, clubs, camps, health clubs, schools, institutions,
park and recreational areas, motels, hotels and other commercial establishments.
Section 3. Chapter 17.44 "Business Districts" of the Buffalo Grove Municipal Code
is hereby amended by adding the following as shown in bold underlined text and removing the
following as show in bold strikethrough text to the following subsections indicated below:
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17.44.020 (B).Permitted Uses
B. Permitted Uses, No building or land shall be used and no building shall be erected,
structurally altered or enlarged unless otherwise provided in this Title except for the
following uses:
1. Retail and Service Uses, as follows:
Animal hospitals.
Art and school supply stores.
Art galleries.
Auction rooms.
Banks and financial institutions, not including drive-through service facilities.
Barber shops.
Beauty shops.
Bicycle shops and bicycle service shops excluding those which sell and/or service
motorized vehicles and/or motorized bicycles.
Book or stationery stores.
Camera and photographic supply stores.
Carpet, rug and linoleum stores.
Child care centers.
China and glassware stores.
Coin and philatelic stores.
Currency exchanges.
Custom dressmaking and millinery shops.
Department stores.
Drug stores.
Dry-cleaning and laundry-receiving stations; processing to be done elsewhere.
Dry goods or notion stores.
Electrical and household appliance stores, including radio and television sales.
Florist shops and conservatories.
Food stores—grocery stores, meat markets, bakeries (retail), candy and ice cream
shops, delicatessens and frozen food stores including locker rental in conjunction
therewith.
Furrier shops, including the incidental storage and conditioning of furs.
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Furniture stores, including upholstering when conducted as part of the retail
operations and secondary to the principal use.
Garden supply and seed stores.
Gift shops.
Haberdasheries.
Hardware stores.
Health clubs—under 10,000 sauare feet in total floor space
Hobby shops, for retail of items to be assembled or used away from the premises.
Interior decorating shops, including upholstering and making of draperies, slip
covers and other similar articles when conducted as part of the retail operations
and secondary t o t he principal use.
Jewelry stores, including watch repairs.
Leather goods and luggage stores.
Liquor stores, package goods only.
Locksmith shops.
Massage establishments
Medical and dental clinics.
Musical instrument stores, including for repair.
Nonacademic schools, classes and instruction
Office supply stores.
Optician shops.
Paint and wallpaper stores.
Photographer.
Dh:__! e"Iture and health services gymnasiums, swimming pools,
redueing sagens, masseurs, publie baths.
Public baths
Restaurants, tearooms, outdoor sidewalk cafes, and outdoor garden cafes,
conducted accessory to indoor establishments. Drive-in restaurants or food stands
catering to customers with facilities for parking on the premises for consumption
of food in autos shall not be permitted.
Sehools business, danee or-musie
Sewing machine stores,household machines only.
Shoe and hat repair stores.
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Shoe stores.
Sporting goods stores.
Swininiing, pools (Public)
Taverns.
Tobacco shops.
Toy stores.
Wearing apparel shops.
Variety stores.
2. Offices—business and professional.
3. Miscellaneous uses:
Clubs and lodges (nonprofit), fraternal or religious institutions.
Meeting halls.
Commercial radio and television broadcasting stations (excluding transmitting or
antenna towers) except as a special use a s s pecified in Section 17.44.0 .C.11.
4. Residential uses: dwelling units, if business uses, or premises designed for such uses,
occupy the ground floor.
5. Uses customarily incidental to principal permitted uses:
Accessory uses.
Home occupations.
Temporary buildings for construction purposes fora period not to exceed the
duration of such construction.
6. Any other similar type retail store, office or service establishment not specifically
permitted herein, but which is compatible with the established uses in the surrounding
area.
17.44.020 (Q.Special Uses
C. Special Uses.
I. Auditorium, stadium, arena, armory,
i and other similar places for public
events.
2. Bus terminal, railroad passenger station, freight terminal or any other public
transportation terminal facilities.
3. Churches and places of public worship on zoning lots having a minimum area of forty
thousand square feet, having not more than twenty-five percent of the zoning lot
occupied by building, and having sufficient land area to provide for of building space
and off-street parking requirements.
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4. Convents, monasteries, rectories or parish houses.
5. Golf course (including miniature golf courses), public or private.
6. Ntuaieipal 1c or privately owned recreation building or community center.
7. Police or fire station.
8. Public buildings, including art gallery, library, museum or similar structures.
9. Public park, playground or club.
10. Public or privately owned and operated recreation area, fairgrounds, permanent
carnivals, "kiddie parks," or other similar amusement centers.
11. Public utility facilities.
12. Business planned unit development.
13. Wind energy conversion system.
14. Drive-through facilities for retail pharmacies for the drop-off of prescription orders and
pick-up of prescription medications and over-the-counter medical items.
17.44.030 (C) Special Uses.
1. Auditorium, stadium, arena, armory, gymnasium, and other similar places for public
events.
2. Bus terminal, railroad passenger station, freight terminal or any other public
transportation terminal facilities.
3. Churches and places of public worship on zoning lots having a minimum area of forty
thousand square feet; having not more than twenty-five percent of the zoning lot
occupied by buildings, and having sufficient land area to provide for both building
space and off-street parking requirements.
4. Convents, monasteries, rectories or parish houses.
5. of course (including miniature golf course)public or private.
6. M un eipal Public or privately owned recreation building or community center.
7. Police or fire station.
8. Public buildings, including art gallery, library, museum or similar structures.
9. Public park, playground or club.
10. Public or privately owned and operated recreation area, fairgrounds, permanent
carnivals, "kiddie parks," or other similar amusement center.
11. Public utility facilities.
12. Business planned unit development.
13. Wind energy conversion system,
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14. Drive-through facilities for retail pharmacies for the drop off of prescription orders and
pick up of prescription medications and over-the-counter medical items.
15. Amusement establishments—bowling alleys, pool halls, dance halls, skating rinks and
other similar places of recreation except pistol and rifle ranges.
16. Restaurant drive-in facilities for window service of prepared and packaged food where
such foods are not consumed on the premises and drive-in restaurants or food stands
catering to customers with facilities for parking on the premises for consumption of
food in motor vehicles.
17. Drive-through service facilities for businesses other than pharmacies and restaurants.
18. Sale, lease and rental of new motor vehicles [limited to passenger automobiles, light
trucks and motorcycles] with or without accessory sales and leasing of used vehicles,
including outdoor display of vehicles, and including warranty repair work and other
repair service conducted as an accessory use. Sales and leasing operations shall be
conducted from a freestanding principal building on a zoning lot of at least one acre and
not greater thant ee acres.
19. Automobile laundry.
20. Preschool/Elementary School. A publie, private or paroehial institution foF
pi'es hool and up to and ineluding grade 8, whieh offers instruefien iW
branches of learmning al-W studi - _.W%W�
y the publ-e sehool-s under t e Mi
State Board of Edueafion-.
21. Pawn Shops or Resale Shops (as defined in Chapter 5.46) shall not be located within
one thousand feet of any other Pawn or Resale Shop as measured in a direct line from
the closest point on one lot line to the closest proximate point on the other lot line.
22. Sale of new and/or used automobiles as an ancillary use to an existing auto repair
facility.
17.44.050 (C) Special Uses.
1. Auditorium, stadium, arena, armory, gynmasiu , and other similar places for public
events.
2. Bus terminal, railroad passenger station freight terminal or any other public
transportation terminal facilities.
3. Churches and places of public worship on zoning lots having a minimum area of forty
thousand square feet, having not more than twenty-five percent of the zoning lot
occupied by buildings, and having sufficient land area to provide for of building
space and off-street parking requirements.
4. Convents, monasteries, rectories or parish houses.
5. Golf course (including miniature golf courses), public or private.
6. Munieipa Public or privately owned recreation building or community center.
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7. Recreation places, including bowling alley, dance hall, gymnasium, skating rink,
archery range, golf practice range, miniature golf course or other places of amusement
ore to ai ent when operated for pecuniary profit except pistol and rifle ranges.
8. Business planned it development.
9. Police or fire station.
10. Public buildings, including art gallery, library, use or similar structures.
11. Public park, playground or club.
11 Public or privately owned and operated recreation area, fairgrounds, permanent
carnivals, "kiddie parks," or other similar amusement center.
13. Public utility facilities.
14. Personal wireless communications facilities and cellular telephone facilities, including
antennas, for use with radio and/or other transmitting and receiving equipment, on a
tower or pole, on property owned by a unit of local government or a public utility. Said
tower or pole shall be set back from non-residential property lines a distance not less
than the height of the tower or pole. Said tower or pole shall be setback from a
residential structure and any abutting residential zoning boundary a distance not less
than twice the height oft e tower or pole.
15. Wind energy conversion system.
16. Drive-through facilities for retail pharmacies for the drop-off of prescription orders and
pick-up of prescription medications and over-the-counter medical items.
IT Restaurant drive-through facilities for window service or prepared and packaged food
where said foods are not consumed on the premises and drive-in restaurants or food
stands catering to customers with facilities for parking on the premises for consumption
of food in motor vehicles.
18. Health clubs—over 10,000 square feet in total floor svace.
17.44.060 —(C) Establishment of Land Uses Within the Town Center.
1. Permitted Uses.
a. Residential.
Botanical gardens,
Bus shelters.
Multiple family dwellings.
Nursing homes.
Parks and playgrounds.
b. Commercial/Recreational.
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Antique shops.
Art and school supply stores.
Art gallery.
Auditoriums.
Bakeries and confectionaries,retail.
Banks, not drive-in.
Barber and beauty schools.
Barber shops.
Beauty parlors.
Bicycle and accessories sales and service store.
Book stores.
Botanical gardens.
Bowling alleys.
Bus shelters.
Camera and photographic supply stores.
Child care centers.
China, glassware and metalware stores.
Clothing stores.
Coin and stamp stores.
Community and recreation centers.
Delicatessens.
Department stores.
Dinner theaters.
Dry goods stores.
Electrical appliance shops.
Floor covering stores.
Florist and plant shops, retail.
Furniture stores.
Furriers and fur apparel stores.
Gift, novelty and souvenir stores.
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Hardware stores.
Health clubs—under 10,000 square feet of total floor space.
Hobby shops.
Home decorating.
Hotel and motel.
Jewelry stores.
Kitchen and bath cabinet showrooms.
Leather shops.
Luggage and suitcase stores.
Medical appliances and supply stores.
Movie and drama theaters.
Parks and playgrounds.
Museums.
Musical instrument stores.
Newspaper and magazine stands.
Nonacademic schools, classes and instruction
Office supply stores.
Optical goods stores.
Outdoor restaurants.
Outdoor theaters, festival drama, excluding movies.
Paint and wall covering stores.
Personal wireless communications facilities and cellular telephone facilities,
including antennas, for use with radio and/or other transmitting and receiving
equipment, on public property, quasi-public property and property owned by a
public utility when located within a building or on the exterior of a building,
provided that any structure or equipment mounted on a building shall be not
more than fifteen feet higher than the roof of the building or extend more than
fifteen feet from the sides of a building. The building-mounted facilities are
subject to the provisions of the Village Appearance Plan.
Pet shops.
Pharmacies.
Photographic studies.
Record shops.
Rectory,
Restaurants, withJwithout dancing and entertainment.
Roller and ice skating rinks.
Savings and loan institutions, not drive-in.
Shoe repair shops.
Shoe stores.
Specialty shops.
Sporting goods stores.
Stationery stores.
Tailoring and dressmaking stores.
Tennis, racquetball, handball, swimming and other private recreational clubs.
Tobacco shops.
Tool and appliance retail centers.
Toy stores.
Travel bureaus.
c. Office.
Banks, savings and loans, financial institutions (exclusive of drive-in
facilities).
Botanical gardens.
Bus shelters.
Business offices.
Medical offices, clinics and laboratories.
Professional offices.
Parks and playgrounds.
d. Public.
Botanical gardens.
Bus shelters.
Churches, synagogues and temples.
Community and recreation centers.
Libraries.
Parks and playgrounds.
Postal facilities.
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Public offices.
e. Special Uses. The following uses are allowed subject to the procedure set forth in
Chapter 17.28.
1. Mixed occupancies: residential/commercial; residential/office,
residential/commercial/office; commercial/office.
2. Auxiliary drive-in banking, savings and loan and financial establishments in
commercial and office sub-districts.
3. Public utility facilities.
4. Wind energy conversion systems.
5. Bakery operations including production, wholesale and storage uses and drive-
through service window facilities in the Commercial/Recreational sub-district.
6. Funeral homes in the Commercial/Recreational sub-district.
7. Liquor stores in the commercial/recreational sub-district.
8. Drive-through facilities for retail uses, including restaurant drive-through
facilities for window service of prepared and packaged foods, in the
commercial/recreational sub-district,
9. Supermarkets and food stores in the commercial/recreational sub-district.
10. Drive-through facilities for retail pharmacies for the drop-off of prescription
orders and pick-up of prescription medications and over-the-counter medical
items in commercial/recreational sub-district.
11. Family entertainment center, in the commercial/recreational sub-district,
subject to the following conditions:
Security management: The facility, including adjacent outdoor areas, shall
be managed to maintain the safety of customers and to avoid the creation of
nuisances affecting adjacent properties and businesses. The Village shall be
notified prior to the staging of dance parties and similar activities and special
events, and specific provisions to properly manage said events and activities
shall be included in the security plan.
The Local Liquor Control Commissioner shall be provided with the
protocol(s) to be implemented regarding the sale and consumption of alcoholic
beverages within area(s) identified or set aside for dance parties and similar
activities and special events. Protocol(s) shall be subject to the Local Liquor
Control Commissioner's approval.
A security plan (including, but not by way of limitation, adult security
personnel), subject to approval by the Village is required prior to issuance of a
certificate of occupancy. The Village may, in its discretion, from time to time
review the security plan and require appropriate changes. Failure to make
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required changes or failure to implement such changes to the approved security
plan may result in the revocation oft e business license.
12. Churches, synagogues and other places of public worship in the
commercial/recreational sub-district provided that the special use is limited to
the second floor area oft e building.
13. Health clubs—over 10,000 square feet of total floor space.
f. Similar and Compatible Uses. Other retail or service uses not specifically
pen-nitted herein may be allowed if said uses are determined byte Village
Zoning Administrator to be similar to and compatible with the established uses
in the B-5 District.
Section 4. Chapter 17.48 "Office and Industrial Districts" of the Buffalo Grove
Municipal Code is hereby amended by adding the following a s s hown in bold underlined text
and removing the following as show in bold strikethrough text to the following subsections
indicated below:
17.48.020 Industrial district(1)
C. Special Uses. The following special uses may be permitted in specific situations in
accordance with the procedures outlined in Chapter 17.28 of this Title, as appropriate:
1. Airports and heliports-,
2. Air, motor and railroad freight terminals;
3. Child care center-,
4. Eating and drinking establishments-,
5. Industrial planned unit development;
6. Recreation and social facilities-,
7. Sanitary landfill;
8. Stadiums, auditoriums and arenas;
9. Outside storage providing it is located at least one hundred fifty feet from a residential
district boundary and enclosed by a solid wall or fence, including solid doors or gates
thereto, at least six feet high, but in no case lower in height than the enclosed storage;
10. Cemeteries, crematories, or mausoleums provided the tract of an has a minimum area
of one hundred sixty acres;
11. Police station or fire station-,
12. Personal wireless communications facilities and cellular telephone facilities, including
antennas, for use with radio and/or other transmitting and receiving equipment, on a
tower or pole. A height of eighty feet is allowed provided that:
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a. Said tower or pole shall be set back from non-residential property lines a distance
not less than a height of the tower or pole,
b. Said tower or pole shall be set back from a residential structure and any abutting
residential boundary line a distance not less than twice the height of the tower of
pole.
13. Railroad rights-of-way;
14. Retail uses, accessory to the primary use located on the premises, subject to the
following conditions:
a. Such retail use only sells products which are manufactured on the premises,
b. Such retail use does not occupy more than five percent or one thousand square feet,
whichever is less, of the floor area of the primary building or structure located on
the lot or parcel involved,
c. The retail use does not require outside signs or storage, other than an identification
sign not exceeding ten square feet, and otherwise in accordance with the sign
ordinance of the Village,
d. An additional parking area is provided; the area to have such additional required
space as if the retail use was in addition to the floor area of the primary use and as
required by Chapter 17.36 for a comparable use,
e. Such special access requirements as are deemed necessary by the Village so as not
to interfere with established public street traffic to and from the primary use;
15. Retail uses, including the sale of items not manufactured on the premises, occupying a
minimum building floor area of fifty thousand square feet accessible to the public,
subject to the following conditions:
a. Such premises shall be located adjoining at least one of the following major streets:
IL Route 83 (McHenry Road), IL Route 22 (Half Day Road), Lake-Cook Road or
Milwaukee Avenue,
b. A narrative describing the business use, including a description of the products to
be offered for sale, the hours and days of operation, the number of employees, and
provisions for delivery and storage of products and materials shall be provided to
the Corporate Authorities. Outdoor display of products or outdoor storage of
products and materials shall not be permitted unless authorized by the Corporate
Authorities,
c. Signs shall be appropriate forte size and location oft e premises, shall be limited
to not more than three hundred square feet per wall sign, shall be limited to
information identifying the name and nature oft e business, and shall be subject to
Village approval, including any conditions and limitations determined to be
appropriate by the Corporate Authorities,
d. Provisions shall be made for management of vehicular and pedestrian traffic
generated by the business, and a traffic impact analysis and management plan shall
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be prepared if required by the Corporate Authorities. Off-street parking shall be
provided in compliance with Chapter 17.36;
16. Wind Energy Conversion System;
17. Park and ride facilities for commuter bus and commuter rail services, and including
accessory retail and service uses, provided that such accessory uses serve the
convenience needs of commuters and do not require customer parking;
18. A building connector between two structures on two separate zoning lots; the connector
shall not have to meet yard setback requirements, provided that the connector shall not
unduly interfere with traffic or pedestrian movements or required access to any
easements. A connector shall be constructed so as to provide a visual separation
between buildings;
19. Veterinary services (for animals allowed in the Village by Title 6 of the Buffalo Grove
Municipal Code), including animal imaging, radiation therapy and similar services, but
not including kennels. Overnight boarding of animals is permitted as an accessory use
to veterinary services when the boarding is a medical necessity. The overnight boarding
shall be indoors only;
20. A dwelling unit fora full-time resident manager and his/her immediate family as an
accessory use in a self-storage facility, provided that the manager is an employee oft e
owner of the facility;
21. Landscape waste transfer station.
22. Pet Resort. An indoor establishment pursuant to Section 17.12.449. Animals other than
those specifically listed in the definition of pet resort are subject to approval by the
Village.
23. Medical cannabis cultivation center. A facility as defined in Section 17.12.397.
24. Medical cannabis dispensing organization or dispensing organization or dispensary
organization. A facility as defined in Section 17.12,399.
25. Preschool/Elementary School. A publie, private or par-eehial 4astitution ter
presehool and up to and ineludinlgl 1-1-Fa-de eight, whkh offers instruetion in any of
the bronehes of !earning and study as taught on the publie sehools under the
H"Hois Q.1-6- a--
_ ---r-d Of Eflueation.
26. Health Clubs.
27. Nonacademic schools, classes. and instruction.
Section 5. If any section, paragraph, clause or provision oft is Ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this Ordinance.
Section 6. 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.
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AYES: S - Berman, Triiling, Stein, Ottenheimer,Johnson
NAYES: 0 - None.
ABSENT: I - Weidenfeld
PASSED: February 22. 2016.
APPROVED: February 22, 2016,
APPROVED:
oj ,I A "A
BeverTy Suss an, Village President
ATTEST:
r
Janet Sirabian, Village Clerk