HomeMy WebLinkAboutORDINANCE - 3025 - 1/25/2005 - TEMPORARY MORATORIUM/DEV OF NEW BANKSORDINANCE NO. 3025
AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON
DEVELOPMENT OF NEW BANKS AND FINANCIAL INSTITUTIONS IN THE
VILLAGE'S B-1, B-2 AND B-3 BUSINESS DISTRICTS
WHEREAS, the Village of Elk Grove Village is a Home Rule Unit pursuant to
the Illinois Constitution of 1970; and
WHEREAS, the B-1, B-2 and B-3 Business Districts of the Village have a
combination of retail and non -retail uses which are permitted in said districts; and
WHEREAS, the Village has experienced a recent dramatic increase in the
number of banks and financial institutions as indicated by building permits, special use
permits and planned developments in the Village; and
WHEREAS, banks and financial institutions, as a result of the need for greater
safety and security, require greater attention and service from the Elk Grove Village
Police Department in comparison with other retail uses; and
WHEREAS, an appropriate mix of banks and financial institutions in comparison
to retail sales and service uses is necessary in order to ensure the vitality and commercial
character of the B-1, B-2 and B-3 Business Districts of the Village; and
WHEREAS, the best interest 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 over -development of banks and financial institutions in the Village's Business
Districts; and
WHEREAS, the Mayor and Board of Trustees of the Village of Elk Grove
Village have therefore determined that it is necessary and in the best interest of the
Village to impose a moratorium on any building permits, remodeling permits, special use
permits or the like with respect to proposals for new banks or financial institutions in the
Village's Business Districts in order to provide sufficient time for the Village to consider
the possible adoption of additional regulations.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section 1: The foregoing recitals are hereby incorporated into and made a part of
this Ordinance by this reference.
Section 2: Beginning on the effective date of this Ordinance, no building permit,
remodeling permit, special use permit or plan review shall be issued or approved by the
Village for properties in the Village's B-1, B-2 and B-3 Business Districts except as
otherwise provided herein ("Temporary Moratorium").
Section 3: 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 one hundred eighty days (180) from the effective date of this Ordinance.
Section 4: Any person, firm or corporation subject to the terms of this
Temporary Moratorium make seek an exception from the provisions of this Ordinance by
filing a request for relief with the Village Clerk. Such request shall be considered by the
Mayor 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 the
following:
1. That the effect of the Temporary Moratorium has caused or will cause an
economic hardship on the applicant.
2. That the applicant has no other reasonable use for the property in question
other than the proposed use.
3. 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.
4. That the construction or occupancy of the new bank or financial institution as
proposed complies with all other Village Ordinances, regulations and
procedures.
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Section 5: 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 6: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form.
VOTE: AYES: 5 NAYS: 0 ABSENT. 1
PASSED this 25" day of January 2005.
APPROVED this 25th day of January 2005.
APPROVED:
Craig B. Johnson, Mayor
Village of Elk Grove Village
ATTEST:
Ann 1. Walsh, Villaee Clerk
Published in pamphlet form this 28th day of January 2005
Ordtempmoratorium. doc