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O-20-02VILLAGE OF DEERFIELD ORDINANCE NO. 2020- 0-20-2 AN ORDINANCE AMENDING "THE DEERFIELD ZONING ORDINANCE OF 1978," AS AMENDED, TO FURTHER REGULATE TREEHOUSES, PLAYHOUSES, PLAYSETS, AND OTHER PLAYGROUND EQUIPMENT WHEREAS, the Village is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs; and WHEREAS, the Village Board requested that the Village staff prepare additional zoning regulations to regulate the installation of treehouses, playhouses, playsets, and other playground equipment (collectively, "Recreational Equipment'); and WHEREAS, pursuant to notice duly published in the Deerfield Review on October 3, 2019, the Village Plan Commission conducted a public hearing on October 24, 2019, to consider proposed amendments to the Zoning Ordinance regulating Recreational Equipment ("Proposed Regulations'; and WHEREAS, at the conclusion of the public hearing, the Plan Commission made findings and recommended that the Mayor and Board of Trustees adopt Zoning Ordinance amendments to further regulate Recreational Equipment on residential properties ("Proposed Amendment'; and WHEREAS, the Mayor and Village Board have considered the standards for amendments set forth in Section 13.10 of the Zoning Ordinance; and WHEREAS, the Village Board has determined that it will serve and be in the best interest of the Village to adopt the Proposed Amendments, as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the Village Board. SECTION TWO: AMENDMENTS TO SECTION 14.02. Section 14.02, titled "Definitions," of Article 14, titled "Rules and Definitions," of the Zoning Ordinance is hereby amended further to add the following definitions in alphabetical order: "RESIDENTIAL DETACHED RECREATIONAL STRUCTURE: A structure erected outside for the primary purpose of children to play in or on, which structures include, without limitation, treehouses. Playhouses, playsets, and swingsets." Additions are bold and double -underlined; 4letio s A-2- Struel- thFE)I g SECTION THREE: AMENDMENTS TO SECTION 2.03-D. Section 2.03-D, titled "Detached Accessory Structures," of Article 2, titled "General Provisions," of the Zoning Ordinance is hereby amended further, and shall read as follows: "2.03- Detached Accessory Structures Detached Accessory Structures: Shall not be located in the required front or side yards; 2. Shall not occupy more than thirty (30) percent of the required rear yard; Shall be at least ten (10) feet from the principal structure; 4. Shall not exceed the height of the principal structure or twenty (20) feet in height, measured from the grade level of the principal structure, whichever is less, except that an accessory antenna shall not exceed sixty (60) feet measured from the grade level of the principal structure; Shall be located in relation to lot lines as provided for in the applicable district regulations, except that, irrespective of the foregoing, raised decks, swimming pools and their accessory structures and tennis courts shall be located no closer than eight (8) feet from any lot line; Shall not be located in the required rear yard in the C and I districts. If any property line in a C or I district abuts a residential district, an accessory structure shall not be located within twenty-five (25) feet of said property line. 7. A treehouse, when located in the rear yard, and not in a front or side yard abutting a street, shall be subject to the following additional requirements: a. The treehouse shall not exceed 100 square feet b. The height of any portion of the treehouse or anything attached thereto shall not exceed 20 feet measured from grade, and the height of the lowest platform of the treehouse shall not exceed the height of the lower one- third of the tree on which it is mounted: and C. The treehouse shall have a minimum setback from all property lines of 10 feet. 8. Residential Detached Recreational Structures other than treehouses, when located in the rear yard, and not in a front or side yard abutting a street. shall_ be subject to the following additional requirements: Additions are bold and double -underlined; a^'PA^ ^ ff^ Stf^' *' r^ ^h a. The area of any roofed -over portion of the residential detached recreational structure shall not exceed 100 square feet,• b. The total height of the residential detached recreational structure or anything attached thereto shall not exceed 15 feet: c. The residential detached recreational structure shall have a minimum setback of five feet from all property lines measured from the edge of the residential detached recreational structure and anything that _projects therefrom, such as the furthest arc of a swin or other movable item attached to the structure." SECTION FOUR: SEVERABILITY. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as maybe, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. SECTION FIVE: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION SIX: EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its passage and approval in the manner provided by law; and AYES: Benton, Jester, Openeheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: January 21, 2020 APPROVED: January 22, 2020 ORDINANCE NO. 0-20-2 Harriet Rosenthal, Mayor ATTEST: i Kent S. Sdreet, Village Clerk Additions are bold and doubl -u nd rlined• �c'^* ^ �r :e'.; through. _. _.., ,._., ., �� #70939665_x4