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HomeMy WebLinkAboutORDINANCE - 1142 - 5/24/1977 - CONDITIONAL USEORDINANCE NO. ­ 114Z AN ORDINANCE PROVIDING FOR COIN OPERATED A14USEMENT CENTERS AS CONDITIONAL USES IN THE B-1, B-2 AND B-3 DISTRICTS AND AS AN ACCESSORY USE IN THE B-1 DISTRICT WHEREAS, the Plan Commission of the Village of Elk Grove Village at a public meeting duly called and held according to law considered the question of a text amendment to the Zoning Ordinance thereby permitting coin operated amusement centers as conditional and/or accessory uses in the B-1, B-2, and B-3 Business Districts; and WHEREAS, the President and Board of Trustees of the Village of Elk Grove Village after having considered the findings and recommendation of the Plan Commission find and believe it to be in the best interests of the Village that said text amendment, as modified, be adopted. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page, Illinois, as follows: Section 1: That Section 9.12, Definitions, of the Zoning Ordinance of the Village of Elk Grove Village, be and the same is hereby amended by adding thereto the following definition: Coin Operated Amusement Device. A coin operated amusement device shall mean all coin, token or slug operated machines used by the public as a game, entertainment or amusement, pasttime or contest, and shall include those devices commonly known as (a) pinball games; (b) video games; (c) rifle games; (d) baseball games; (e) Skee-ball games; (f) movie or video booths or stands; and, (g) all games, operations or transactions similar to the above listed items by whatever name known, and providing that these devices DO NOT have any of the following characteristics: (a) classification of the device by the Internal Revenue Service as one requiring the payment to the Federal Government of a gaming device tax; (b) presence of any equipment which allows accumulation of 10 or more credits, replays, or free plays; and, (c) presence of a "knock -off circuit" for the releasing and recording of credits, replays, or free plays, except for that circuitry required for normal game operations. Coin Operated Amusement Center. A coin operated amusement center shall mean any place which has more than five coin operated amusement devices located on the premises. Section 2: That Section 3.96, Parking Space Required, of the Zoning Ordinance, be and the same is hereby amended by adding to Subparagraph B, Business Uses, the following: (16). Coin operated Amusement Centers. one parking space shall be provided for each 200 square feet of floor area, plus one parking space for each two employees. Section 3: That Paragraph C, Conditional Uses, of Section 5.42, Uses in the B-1 Business District, be and the same is hereby amended by adding thereto the following: Coin Operated Amusement Centers. Section 4: That Section D, Prerequisition for Conditional Uses, of Section 5.42, Uses in the B-1 Business District, be and the same is hereby amended by adding thereto the following: D-3. Additional Prerequisites for Certain Conditional Uses. A. Coin Operated Amusement Centers. 1. The use as a coin operated amusement center shall be the exclusive use of the premises with the exception of certain accessory uses which the Village Board may, by ordinance, permit. 2. A coin operated amusement center shall not be per- mitted within 300 feet, measured front door to front door, of any liquor store, church or school. 3. That every coin operated amusement center shall be subject to the conditions, restrictions and regulations set forth in Chapter 18 of the Municipal Code pertaining to said coin operated amusement centers. Section 5: That Section 5.42, Uses in the B-1 Business District, be further amended by adding thereto the following: E. Accessory Uses. The following accessory uses shall be permitted in conjunction with certain permitted or conditional uses. 1. Coin operated amusement devices subject to the following restrictions. (a). A coin operated amusement device shall only be permitted as an accessory use to any of the following recreational uses. 1. Bowling alley; 2. Billard Parlor; and 3. Licensed Establishment where liquor is consumed on the premises. (b). An accessory use as herein created shall permit up to five coin operated amusement devices in any one establishment. (c). Any coin operated amusement device deemed an accessory use shall be subject to Article 7 of Chapter 18, Licenses and Permits. - 2 - of the Municipal Code of the Village of Elk Grove Village. Section 6: That Section 5.52, Uses in the B-2 General Business District, be amended by adding thereto the following: C Conditional Uses. 7.. Coin operated amusement centers. D Pre -requisites for Conditional Use. 2. Coin operated amusement centers. (a). One parking space shall be provided for each 200 square feet of floor area, plus one parking space for each two employees. (b). The use as a coin operated amusement center shall be the exclusive use of the premises with the exception of certain accessory uses which the Village Board may, by ordinance, permit. (c). A coin operated amusement center shall not be permitted within 300 feet, measured front door to front door, of any liquor store, church or school. (d). Each center shall provide an approved plan for vehicular ingress and egress, said approval to take the form of a certificate signed by the Chiefs of Police and Fire Departments and the Village Engineer certifying that the plan for ingress and egress, proposed by the user, will not interfere with either highway or shopping center traffic, nor increase the risk of danger to persons or property. (e). That every coin operated amusement center shall be subject to the conditions, restrictions and regulations set forth in Chapter 18 of the Municipal Code pertaining to said coin operated amusement centers. Section 7: That Section 5.62, Uses in the B-3, Automotive Oriented Business District, be amended by adding thereto a new paragraph which shall read as follows: D. The following conditional uses are permitted: 1. Coin operated amusement centers subject to the following conditions: (a). One parking space shall be provided for each 200 square feet of floor area, plus one parking space for each two employees. (b). The use as a coin operated amusement center shall be the exclusive use of the premises with the exception of certain accessory uses which the Village Board may, by ordinance, permit. - 3 - II (c). A coin operated amusement center shall not be permitted within 300 feet, measured front door to front door, of any liquor store, church or school. (d). Each center shall provide an approved plan for vehicular ingress and egress, said approval to take the form of a certificate signed by the Chiefs of Police and Fire Departments and the Village Engineer certifying that the plan for ingress and egress, proposed by the user, will not interfere with either highway or shopping center traffic, nor increase the risk of danger to persons or property. (e). That every coin operated amusement center shall be subject to the conditions, restrictions and regulations set forth in Chapter 18 of the Municipal Code pertaining to said coin operated amusement centers. Section 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTES: AYES: S NAYS: 0 ABSENT: I ATTEST: Eleanor G. Turner by Fay Bishop, Deputy Clerk VILLAGE CLERK APPROVED: Charles J. Zettek VILLAGE PRESIDENT PASSED this 24th day of May , 1977. APPROVED this 24th day of May , 1977. PUBLISHED in the Elk Grove Herald , this 1st day of June , 1977. - 4 -