ORDINANCE NO. 2003 - 83

AN ORDINANCE AMENDING ORDINANCE 2003-49 TO ALLOW CHANGES TO THE APPROVED BUILDING MATERIALS FOR Whirly North, Inc. FOR PROPERTY LOCATED AT 285 CENTER DRIVE IN THE VILLAGE OF VERNON HILLS, LAKE COUNTY.

WHEREAS, Whirly North, Inc. in regard to 285 Center Drive, said property legally described in Exhibit A, has petitioned the Village of Vernon Hills to amend the approved building elevations to allow for use of different building materials which were previously approved as a part of Ordinance 2003-49; and

WHEREAS, said changes to the building elevations will resulted in limited changes to the overall appearance of the building.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF VERNON HILLS, COUNTY OF LAKE AND STATE OF ILLINOIS:

SECTION I. Pursuant to the Vernon Hills Zoning Ordinance of 1982, as amended, the proposed amendment of the special use permit as setforth in Ordinance 2003-49 to change the construction materials for the building elevations for the Whirlyball facility at the proposed location as described in Exhibit A, is hereby granted, subject to the following conditions:

a) Compliance with all previous conditions as setforth in Ordinance 2003-49 except as otherwise setforth herein.

b) Compliance with the building elevation dated 11/05/03 as prepared by Ekash Associates, LTD as setforth in Exhibit B.

c) Compliance with ordinances and standards of the Village unless otherwise set forth herein, including the lighting ordinance.

SECTION II. SEVERABILITY. In the event that any section, clause, provision, or part of this ordinance shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. If any part of this ordinance is found to be invalid in any one or more of its several applications, all valid applications that are severable from the invalid applications shall remain in effect.

SECTION III. REPEAL AND SAVINGS CLAUSE. All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall affect any rights, actions or causes of action which shall have accrued to the Village of Vernon Hills prior to the effective date of this ordinance.

SECTION IV. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.

SECTION V. ORDINANCE NUMBER. This ordinance shall be known as Ordinance Number 2003-83.

Adopted by roll call vote as follows:

AYES:

NAYS:

ABSENT AND NOT VOTING:

_________________________

Roger L. Byrne

Village President

PASSED: _____________________________________

APPROVED: __________________________________

PUBLISHED IN PAMPHLET FORM: ______________

ATTEST:

_________________________

Jeanne M. Schwartz

Village Clerk