O-13-02VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. a - 3 - Z
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF DEERFIELD REGARDING THE
C -2 OUTLYING COMMERCIAL DISTRICT TO UPDATE THE LIST
OF PERMITTED USES AND SPECIAL USES, TO REQUIRE A
SPECIAL USE FOR CERTAIN USES, TO PROHIBIT CERTAIN
NON - RETAIL USES AND TO REQUIRE THAT NOT LESS THAN
50% OF THE LEASEABLE SQUARE FOOTAGE WITHIN A
COMMERCIAL PLANNED UNIT DEVELOPMENT SHOPPING
CENTER BE DEVOTED TO RETAIL USE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
.a 61L day of a uo„ , 2013.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
aa- day of 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. p - 13 - 2-
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF DEERFIELD REGARDING THE
C -2 OUTLYING COMMERCIAL DISTRICT TO UPDATE THE LIST
OF PERMITTED USES AND SPECIAL USES, TO REQUIRE A
SPECIAL USE FOR CERTAIN USES, TO PROHIBIT CERTAIN
NON - RETAIL USES, AND MODIFYING THE REQUIREMENT
THAT NOT LESS THAN 50% OF THE LEASEABLE SQUARE FOOTAGE
WITHIN A COMMERCIAL PLANNED UNIT DEVELOPMENT
SHOPPING CENTER BE DEVOTED TO RETAIL USE
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
November 8, 2012 upon the application of the Village of Deerfield to consider certain text
amendments to the Zoning Ordinance of the Village of Deerfield relating to the retail and non - retail
uses that should be allowed within the C -2 Outlying Commercial District as permitted or special
uses; and
WHEREAS, the Plan Commission of the Village of Deerfield, after considering the
evidence and supporting materials presented at said hearing, has submitted its written report and
findings of fact to the Board of Trustees of the Village of Deerfield recommending that the
regulations pertaining to uses allowed in the C -2 Outlying Commercial District within the Zoning
Ordinance of the Village of Deerfield be amended with respect to uses allowed within the C -2
District as permitted uses and as special uses; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the
recommendations of the Plan Commission and 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 1: That Paragraphs 2 ( "Service Uses "), 3 ( "Office Uses ") and 4 ( "Recreation and
Social Facilities ") of Article 5.02 -13 ( "Permitted Uses ") of Article 5 ( "Commercial Districts ") of the
Zoning Ordinance of the Village of Deerfield, be and the same are hereby amended to read as
follows (additions are indicated by underscoring and deletions are indicated by str-ilethfeugh
markings):
2. Service Uses, with the limitation that: (i) service uses in excess of 10,000
square feet and up to 20,000 square feet in size are only permitted in ground
floor locations by a special use pursuant to Article 5.02 -C, and (ii) non - retail
service uses in excess of 20,000 square feet are not permitted in ground floor
locations: provided, however, that the limitations stated in 2(i) and 2 i ) are
not applicable within the areas identified on Appendix III entitled C -2 Non -
Retail Overlay.
a. Artists' Studios.
b. Barber Shops.
C. Beauty Shops.
d. Blueprinting and Photocopying Establishments.
e. Dry Cleaning and Laundry Establishments, including self - service,
coin - operated equipment, provided that the floor area devoted to any
one such establishment (including floor area devoted to accessory
uses as well as the principal use) shall not exceed 2,750 square feet.
f. Food Catering Establishments.
g. Interior Decorating Shops, including upholstery and making of
draperies, slip covers and other similar articles, when conducted as
part of retail operations and secondary to the principal use.
h. Photographic Studios.
i. Radio and Television Service and Repair Shops.
j. Shoe, Clothing and Hat Repair Shops.
k. Tailor and Dressmaking Shops, employing not more than five persons.
1. Travel Agencies and Transportation Ticket Offices.
Office Uses with the limitation that: (i) office and medical office uses in
excess of 10,000 square feet and up to 20,000 square feet in size are only
permitted in ground floor locations by a special use pursuant to Article 5.02-
-2-
C, and (ii) office and medical office uses in excess of 20,000 square feet in
size are not permitted in ground floor locations; provided, however, that the
limitations stated in 3(i) and 3(ii) are not applicable within the areas
identified on Appendix III entitled C -2 Non - Retail Overlay.
a. Accounting, Auditing and Bookkeeping offices.
b. Business, Professional and Government offices.
C. Employment Agencies.
d. Insurance Agencies.
e. Medical and Dental Facilities (Ord. 0- 85 -09).
f. Medical and Dental Laboratories.
g. Newspaper Offices, provided that there is no print or distribution in
connection therewith.
h. Real Estate Offices.
i. Secretarial Services.
j. Security and Commodity Brokers.
4. Recreation and Social Facilities, with the limitation that: (i) recreation and
social facilities in excess of 10,000 square feet and up to 20,000 square feet in
size are only permitted in ground floor locations by a special use pursuant to
Article 5.02 -C, and (ii) recreation and social facilities in excess of 20,000
square feet in size are not permitted in around floor locations; provided,
however, that the limitations stated in 4(i) and 4(ii) are not applicable within
the areas identified on Appendix III entitled C -2 Non - Retail Overlay.
a. Clubs and Lodges, not - for - profit.
b. Philanthropic or Charitable organizations.
C. Self Improvement Facilities, including physical exercise and sports
training schools, but not including those uses specifically provided for
in Article 5.02 -C.
SECTION 2: That the exhibits attached hereto and identified as Text Amendment #I
Exclusions, Text Amendment #2 Exclusions and Text Amendment #4 Areas Excluded from the 50%
Retail Calculation for Commercial PUDs, be and the same are hereby approved and adopted as
Appendix III to the Zoning Ordinance of the Village of Deerfield and shall be known as the "C -2
Non - Retail Overlay."
SECTION 3: That Paragraph 1 ( "Retail Business Uses ") of Article 5.02 -C ( "Special Use ")
of Article 5 ( "Commercial Districts ") of the Zoning Ordinance of the Village of Deerfield be and the
-3-
same is hereby amended to read as follows (additions are indicated by underscoring and deletions are
indicated by str- ikethfeugh markings):
a. Automobile Accessory and Parts Shops, including servicing and
installation of products.
b. Automobile Convenience Food Shop. (Ord.O- 88 -08)
C. Automobile Vehicle Sales - new cars only, with accessory servicing and
repair facilities on a lot not less than 40,000 square feet in area.
d. Building Supply Store (including seasonal outdoor sales area and outdoor
display of merchandise). (Ord.O- 97 -50)
e. Coins, stamps, precious metals, estate jewelry, antique flatware, sports
cards, currency and related hobby items. (Ord. 0- 96 -28)
f. Convenience Stores.
g. Furniture Stores. (Ord. 0- 87 -58)
(1) Furniture stores which include as part of their operation the
warehousing of the goods being offered for sale. The warehousing area
may be in the same building as the main sales area and showrooms or in a
separate building. (See Art.8.02- E,2,n,).
(2) Private parties for charities and non - profit organizations when
accessory to a retail furniture store of at least 20,000 square feet in area,
provided such parties and events are conducted inside the premises. (Ord.
0- 06 -27)
h. Food Stores, Grocery Stores and Supermarkets. (Ord.O- 02 -44)
i. Garden Supply Sales, including open sales and storage areas provided that
each such area is located at least one hundred and fifty (150) feet from a
residential district and is fenced and screened, as required below:
(1) Fencing
Fencing shall be provided around all outdoor sales areas. This fencing
must be at least seven (7) feet in height.
(2) Screening
Screening shall be provided as required by the Plan Commission to ensure
the enjoyment of surrounding properties and to provide for the public
safety in accordance with Article 13, Administration and Enforcement -
Special Use.
j. Massage Services Establishments.
k. Restaurants as defined in Article 14 (0- 83 -13), Cafes, Coffee Shops, Tea
Shops, Bagel Shops, and Similar Operations of 3,001 square feet in area or
greater, including the square footage any outdoor seating area. Also drive -
through facilities accessory to a restaurant which also has either direct
signalized access to an existing right -of -way or (a) an Agreement has been
executed which fully provides for the establishment of signalized access
for the location and (b) the Illinois Department of Transportation has
authorized said traffic signalization. (0- 83 -50)
M
1. Retail Uses listed in Article 5.02 -B,1 with a gross floor area of 10,001
square feet or more when located north of Lake Cook Road.
m. Retail Uses listed in Article 5.02 -B,1 with a gross floor area of 30.001
square feet or more when located south of Lake Cook Road.
n. Specialty food retail stores of 3,001 square feet in area or greater.
o. Video Rental Stores. (Ord. 0- 89 -38)
P. Warehouse Retail Stores, including membership clubs.
SECTION 4: That the list of permitted uses set forth in Paragraph 1 ( "Retail Business
Uses ") of Article 5.02 -B ( "Permitted Uses ") of Article 5 ( "Commercial Districts ") of the Zoning
Ordinance of the Village of Deerfield, be and the same is hereby amended to read as follows
(additions are indicated by underscoring):
a. Antique Shops.
b. Apparel and Accessories Stores.
C. Art Galleries.
d. Art and School Supply Stores.
e. Automobile Accessory and Parts Shops, specifically prohibiting servicing
and installation of products (Ord. 0- 88 -50).
f. Baby and Children's Products and Apparel Stores.
g. Beauty Products, Cosmetics, Perfumes and Soaps Stores.
h. Bedding and Mattress Stores.
i. Bridal and Formalwear Stores.
j. Bakeries.
k. Bicycle Stores, Sales, Rental and Repair.
1. Book and Stationery Stores.
m. Business Equipment Sales and Service.
n. Cabinet, Kitchen and Bathroom Furnishings Sales Establishments
(not including cutting, assembling, or manufacturing on premised.
o. Camera and Photographic Supply Stores.
p. Candle and Wax Stores.
q. Candy and Confectionery Stores.
r. Carpet, Rug, and Floor Covering Stores, but not including carpet
and rug cleaning.
S. Catalog Sales Stores.
t. Cellular Phone and Mobile Device Stores.
U. China, Glassware and Metalware Stores.
V. Comic Book Stores.
W. Costume, Clothing and Theater Prop Sales and Rental Stores.
X. Craft Stores.
Y. Dancing and Gymnastics Supplies and Apparel Stores.
Z. Delicatessens.
-5-
aa. Department Stores.
bb. Drug Stores and Pharmacies.
cc. Electronics Stores, including ancillary electronics repair.
dd. Exercise Equipment Sales.
ee. Furriers and Fur Apparel Stores.
ff. Home Decorating and Home Goods Retail Stores.
gg. Fabric and Yarn Stores.
hh. Florist Shops and Plant Stores, retail sales only.
ii. Furniture and Household Appliance Stores.
jj. Garden Supply Sales or Nursery, including lawn mower sales and
repair, indoor only.
kk. Gift Shops.
11. Hardware Stores, retail sales only.
mm. Hobby Shops.
nn. Household Appliance Sales.
oo. Frozen Dessert Stores.
pp. Jewelry Stores.
qq. Leather Goods and Luggage Stores.
rr. Magazine and Newspaper Stores.
ss. Marine Stores, indoor only.
tt. Meat and Fish Stores, retail sales only.
uu. Medical Appliance and Supply Stores.
W. Musical Instrument Sales and Repair, Sheet Music and Musical
Recordings
ww. Office Supply Stores.
xx. Opticians Sales, retail sales only.
yy. Party Supply Stores.
zz. Pool and Patio Stores, indoor only.
aaa. Package Liquor Stores.
bbb. Paint, Glass, and Wall Covering Stores.
ccc. Pet Supply Stores.
ddd. Picture Framing, including self - service when conducted for on-
premises retail sale.
eee. Restaurants, Cafes, Coffee Shops, Tea Shops, Bagel Shops, and Similar
Operations of 3,000 square feet in area or less, including the square
footage any outdoor seating area, and not including a drive - through.
fff. Shoe Stores.
ggg. Specialty Food Retail Stores of 3,000 square feet in area or less.
hhh. Sporting Goods and Sportswear Stores.
iii. Tobacco Shops.
jjj. Toy Stores.
kkk. Uniform Stores.
111. Variety Stores.
mmm. Vitamin and Supplement Stores.
IN
SECTION 5: That the list of permitted uses set forth in Paragraph 2 ( "Permitted Service
Uses ") of Article 5.02 -13 ( "Permitted Uses ") of Article 5 ( "Commercial Districts ") of the Zoning
Ordinance of the Village of Deerfield, be and the same is hereby amended to read as follows
(additions are indicated by underscoring):
a. Artists' Studios.
b. Barber Shops.
C. Beauty Shops.
d. Dry Cleaning and Laundry Establishments, including self - service, coin -
operated equipment, provided that the floor area devoted to any one such
establishment (including floor area devoted to accessory uses as well as
the principal use) shall not exceed 2,750 square feet. (Ord. 0- 01 -27)
e. Food Catering Establishments.
f. Interior Decorating Shops, including upholstery and making of draperies,
slip covers and other similar articles, when conducted as part of retail
operations and secondary to the principal use.
g. Locksmith and Key Making Establishments.
h. Photocopy. Print, Sign Making, and Mail Delivery Establishments.
i. Photographic Studios.
j. Shoe, Clothing and Hat Repair Shops.
k. Tailor and Dressmaking shops, employing not more than five persons.
1. Tanning Salons
m. Travel Agencies and Transportation Ticket Offices.
SECTION 6: That Article 14.02 -13 ( "Definitions ") of Article 14 ( "Rules and Definitions ")
of the Zoning Ordinance of the Village of Deerfield, be and the same are hereby amended to add the
following as definitions:
BEAUTY SHOP: An establishment where hair is washed, cut, dyed, and /or styled. May
include ancillary services such as manicures, pedicures and massage.
CONVENIENCE STORE: A retail establishment which is designed for the sale of primarily
prepackaged products in low volumes per sale, that generally includes milk, bread, soda, and
snacks or similar convenience items.
MASSAGE SERVICES: Any method of massage, bodywork or somatic therapy which
consists of the manipulation of the muscular structure and soft tissue of the human body, and
includes the administration of pressure on or friction against or stroking, kneading, rubbing,
tapping, percussion, pounding, vibrating or stimulating the external soft tissue of the body
with the hands or with the aid of mechanical or electrical apparatus or appliance, with or
-7-
without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder,
creams, lotions, ointments or other similar preparations commonly used in this practice by a
massage therapist licensed by the State of Illinois.
TANNING SALON: Any establishment where a room or a booth, or group of rooms or
booths, houses ultraviolet lamps or products containing lamps intended for the irradiation of
any part of the living body for cosmetic or non - medical related purposes. Also includes air
brush spray tanning.
VARIETY STORE: A retail establishment that offers a wide assortment of inexpensive
merchandise, including health and personal care items, candy, toys, boxed or packaged foods,
gifts, and housewares, but excluding resale stores, secondhand stores, consignments stores,
close -out stores, liquidators, thrift stores, and flea markets.
SECTION 7: That the definition of "Food Stores" contained in Article 14.02 -13
( "Definitions ") of Article 14 ( "Rules and Definitions ") of the Zoning Ordinance of the Village of
Deerfield, be and the same are hereby amended to read as follows:
FOOD STORES: Stores which sell a variety of foods and other items commonly sold in
connection therewith. The term "food store" shall include, but is not limited to, stores
commonly referred to as fruit and vegetable markets, health food stores, grocery stores, and
supermarkets. This term shall not include services for the consumption of food on the
premises.
SECTION 8: That the definition of "Shopping Center /Planned Unit Development"
contained in Article 14.02 -13 ( "Definitions ") of Article 14 ( "Rules and Definitions ") of the Zoning
Ordinance of the Village of Deerfield, be and the same are hereby amended to read as follows:
SHOPPING CENTER/PLANNED UNIT DEVELOPMENT:
A Planned Unit Development containing one or more buildings which contain one or more
Permitted or Special Uses as allowed under the zoning provisions of the zoning district in
which the development is located. Not less than fifty (50) percent of the leasable square
footage on the ground floor within the buildings within the development shall be devoted to
retail business uses; provided, however, that leasable square footage within buildings located
in C -2 Non - Retail Areas identified on Appendix III shall be excluded from the 50 percent
retail calculation.
SECTION 9: That 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
-8-
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 10: 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 2 Z day of �uh „ar,� , 2013.
AYES: '$e�n�an, F0.c►c�5, jes}er, OPPeon�e.irv�,5kcc�r�e.f5 C6)
NAYS: iso.tE
ABSENT: S`1Ae,n
ABSTAIN: NONE
APPROVED this Zy day of ia�nyo.c� , 2013.
C
�G Village President
ATTEST:
Vill ge Clerk
in
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Exclusion Areas to Art. 5.02 -13, 21 3, and 4,
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