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O-01-22VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 01 -22' AN ORDINANCE AMENDING PORTIONS OF ARTICLE 2A OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of May , 2001. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2 3rd day of May , 2001. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -01- 22 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 2A OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of the Corporate Authorities of the Village of Deerfield (the "Applicant ") to consider a certain text amendment to the Zoning Ordinance of the Village of Deerfield to amend the Village ordinance regulating telecommunication facilities; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was in all respects held according to law; and WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence adduced, made written findings of fact and recommended a text amendment to the Zoning Ordinance of the Village of Deerfield to achieve the objectives sought by the Applicant; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that it is in the best interests of the Village of Deerfield that the text of the Zoning Ordinance of the Village of Deerfield be amended as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE POWERS, as follows: SECTION ONE: That Section 2.08 -B (Definitions) of Article 2A of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is further amended by adding the following as additional defined terms: 20. Public Sites: Any parcel or parcels of property owned or controlled by the Village of Deerfield, or by a federal, state or local governmental entity, and which is classified in the P -1 Public Lands District, but not including highway, street or road rights -of -way, drainage easements, utility easements or other parcels that do not constitute a Zoning Lot. 21. Site Search Ring: The geographic area determined by Applicant as technologically feasible for the location of Applicant's TCSF to provide, fill in or increase the coverage of Applicant's wireless telecommunications services. -1- SECTION TWO. That Section 2.08 -D.1 of Article 2A of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is further amended to read as follows: 2.08 -D.1 Public Sites are preferred as TCSF sites. SECTION THREE. That Section 2.08 -E of Article 2A of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is further amended to add the following as subsection 13 thereof: 2.08 -E.13 Public Sites. Public Sites within the Applicant's Site Search Ring shall be considered by the Applicant for the proposed TCSF. Any application to locate proposed TCSF on a non -Public Site shall be accompanied by a written report identifying Applicant's Site Search Ring, identifying the Public Site(s) considered by the Applicant, and detailing the reasons that the Public Site(s) were found to be not feasible. SECTION FOUR. This Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION FIVE. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 21st day of May , 2001. AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None (0 ) ABSENT: None ABSTAIN: None APPROVED this ATTEST: L.-I -2-