O-16-31VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -31
AN ORDINANCE AMENDING THE LIST OF PERMITTED AND
SPECIAL USES IN THE C -1 VILLAGE CENTER ZONING DISTRICT
AND THE C -3 LIMITED COMMERCIAL OFFICE DISTRICT
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
21 st day of November , 2016.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
21 st _ day of _November , 2016.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -31
AN ORDINANCE AMENDING THE LIST OF PERMITTED AND
SPECIAL USES IN THE C -1 VILLAGE CENTER ZONING DISTRICT
AND THE C -3 LIMITED COMMERCIAL OFFICE DISTRICT
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
September 22, 2016 to consider whether the list of permitted and special uses allowed in the C -I
Village Center district should be amended and updated to reflect changing trends in the modern
brick and mortar retail shopping market; and
WHEREAS, the Plan Commission also considered possible changes to the C -3 Limited
Commercial Office district (which consists of one property at 720 Osterman Avenue) to reflect
current development of property within the C -3 zoning district and adjacent properties as part of
said public hearing; and
WHEREAS, the Plan Commission of the Village of Deerfield submitted its written report
and findings of fact to the Board of Trustees recommending: (1) that certain non - retail uses now
listed as special uses on the first floor in the C -1 Village Center District should be reclassified as
permitted uses on the first floor in the C -1 Village Center District; (2) that certain new uses should
be added to the list of permitted uses in the C -1 Village Center District; (3) that certain uses be
added to the list of Class B special uses allowed in the C -1 Village Center District; (4) that variety
stores should be removed from the list of permitted uses in the C -I Village Center District; and (5)
that certain changes should be made to the list of special uses allowed in the C -3 Limited
Commercial Office District; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield, having
considered the report and recommendation of the Plan Commission, have determined that it is in
the best interests of the Village of Deerfield that the text of the Zoning Ordinance 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 Article 5.01 -B (Permitted Uses — all locations) of Article 5.01(C -I
Village Center district) of the Zoning Ordinance of the Village of Deerfield be and the same is
hereby amended to read as follows (additions are indicated by underlining and deletions are
indicated by °t` =rikLo=,rmarkings):
5.01 -B Permitted Uses - All Locations.
I. The following uses are permitted in all locations in the C- 1 Village Center District
nless regularly open for business on a 24 -hour basis or during overnightf11:00 n.m.to
5:00 a.m.) hours:
a. Antique Shops.
b. Art Galleries.
c. Art and School Supply Stores.
d. Bakeries.
e. Bath Supply or Accessory Store.
f. Bicycle Stores: sales, rental and repair.
g. Book and Stationery Stores.
h. Cabinet Sales establishment (not including cutting, assembling, or manufacturing on
premises).
i. Camera and Photograph Supply Stores and Photographic Studios.
j. Candy and Confectionery Stores.
k, Carpet, Rug and Floor Covering Stores, but not including carpet and rug cleaning.
1. Catalog Sales (mail order with retail showroom).
m. China, Glassware and Metalware Stores.
n. Clock Store.
o. Closet Furbishing and Accessory Store.
p. Coin, Stamp, Precious Metal or similar Shop.
q. Computer Equipment and Supplies Store.
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r. Craft Supply Store.
s. Delicatessen.
t. Department Stores.
u. Drapery, Curtain, and Window Covering Shop.
v. Drug Stores and Pharmacies.
w. Dry Goods Store.
x. Fabric and Yarn Stores.
y. Florist Shops and Plant Stores, retail sales only.
z. Food Stores, Grocery Stores and Supermarkets (deleted 0- 02 -44)
aa. Furniture Stores, including upholstery and repair when conducted as part of the
retail operation and secondary to the principal use.
bb. Furriers and Fur Apparel Stores.
cc. Garden Supply Shops (indoor only).
dd. Gift Shops.
cc. Glass and Mirror Shop.
ff. Hardware Stores, retail sales only.
gg. Hobby Shops.
hh. Household Appliance Stores, including repair when conducted as part of the retail
operation and secondary to the principal use.
ii.
Frozen desert stores including
outdoor seating areas up to 250 square feet.
jj. Interior Decorating (with retail inventory on display).
kk. Jewelry Stores.
II. Leather Goods and Luggage Stores.
mm. Liquor Store (deleted 0- 97 -45)
nn. 6uggage and Suitease steFe.
oo. Magazine and Newspaper Stores.
pp. Meat and Fish Stores, retail sale only.
qq. Medical Appliance and Supply Store.
rr. Musical Instruments-, sales and repair, sheet music, and musical recordings.
ss. Newspaper and Magazine Staff
tt. Office Supply Store.
uu. Optician Sales, retail sales only.
vv. Paint, Glass and Wall Covering Stores.
ww. Pet Shops Sunnly Stores.
xx. Phefiegfaph Reeerd, Tape and Sheet Musie SteFes.
yy. Picture Framing, including self - service, when conducted for on- premises retail
trade.
zz. Pool and Patio Store (indoor only).
aaa.
bbb. Shoe Stores.
cce. Sporting Goods and Sportswear Stores.
ddd. Tobacco Shops (deleted 0- 97 -45)
eee. Toy Stores.
fff. Variety - Stares
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ggg. Video Tape and Disk (Sales only, no rental permitted).
hhh. Apparel and Accessories Stores
iii. Restaurants. Cafes, Coffee Shops, Tea Shoos, Bagel Shoos and Similar Operations
of 3.000 square feet in area or less (including the square footage of any outdoor
seating area), without drive -thru.
iii. Baby and Children's Products and Apparel Stores.
kk. Beauty Products, Cosmetics. Perfumes and Soaps Stores, except those beauty
supply stores which sell products which can only be purchased by a customer
possessing a state license.
III Bedding and Mattress Stores.
mmm Bridal and Fonnalwear stores.
mm. Candle and Was Stores.
coo. Cellular Phone and Mobile Device Stores.
ppp Comic Book Stores.
qqq. Costume. Clothing and Theater Prop Sales Stores.
rrr. Dancing and Gymnastics Supplies and Apparel Stores.
sss. Electronics Stores, including ancillary electronics repair.
ttt. Exercise Equipment ales.
uuu. Home Decorating and Home Goods Retail Stores.
vvv. Party Supply Stores.
www. Specialty Food Retail Stores of 3.000 square feet in area or less
SECTION 2: That Article 5.01 -C (Special Uses) of Article 5.01 (C -1 Village Center
District) of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended
to read as follows (additions are indicated by underlining and deletions are indicated by stFilieON!
markings):
5.01 -C Special Uses.
1. Special Uses - Class A.
Due to their nature, certain uses are not only compatible with the Permitted Uses listed
in Article 5.01 -13, but also encourage, enhance, and facilitate the establishment and
ongoing vitality of the Permitted Uses. These uses are allowed in the C -1, Village
Center as Permitted Uses if located above the ground floor level. The following uses
may only be located on the ground floor level in the C -1 Village Center District if a
Class A Special Use Permit is issued for the use subject to the provisions of Article
13.11 and if in addition to meeting the standards set forth in Article 13.11 -D, the
applicant for a Class A Special Use can demonstrate that the establishment of the
Special Use will not be injurious to the character of the C -1 Village Center District as
a retail center for the Village.
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a. Accounting, Auditing and Bookkeeping Offices.
b. Artists' Studios.
c. Barber Shops.
d. Beauty Shops: except those beauty shops and /or cosmetic supply stores which sell
products which can only be purchased by a customer possessing a state license.
(Ord.0- 97 -45)
e. BluepFinting and Photocopyiwg establishments.
f. Business and professional offices.
g. Business Machine Repair and Service.
h. Dry cleaning and laundry establishments, including self seF iee eein °fated
eqc; 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 2,000 square feet, provided that the dry cleaning establishment is
established and operated as a green dry cleaner.
i. Food catering establishments.
j. Insurance Agencies.
k. 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.
k -1 Massage service establishments
I. Medical and /or Dental Facilities.
m. Medical and /or Dental Laboratories.
n. Movie and Game Rental Stores.
O. R...I'o an-d Tole..: .. Sefvree and Repaii. Shop..
P. Real Estate Offices.
q. Secretarial Services.
r. Security and Commodity Brokers.
s. Shoe, Clothing and Hat Repair Shops.
t. Tailor and Dressmaking Shops, employing not more than five persons.
u. Travel Agencies and Transportation Ticket Offices.
v. Videe Tape Rental Steres.
2. Special Uses - Class B permitted only as a Special Use in all locations in the C -1
Village Center District subject to the provisions of Article 13.11 and if in addition
to meeting the standards set forth in Article 13.1 1 -D, the applicant can demonstrate
that the establishment of the Special Use will not be injurious to the character of
the C -1 Village Center District as a retail center for the Village.
a. Retail Business Uses.
(1) Automobile Accessory and Parts Shops, including servicing and installation of
products.
(2) Garden Supply Sales, including open sales and storage area; provided, that each
such area is located at least one hundred fifty (150) feet from a residential district
and is fenced and screened as required below:
(a) Fencing.
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Fencing shall be provided around all outdoor sales areas. This fencing must be
at least seven (7) feet in height.
(b) Screening.
Screening shall be provided as required by the Plan Commission to ensure the
enjoyment of surrounding properties and provide for the public safety in
accordance with Article 13, Administration and Enforcement - Special Use.
(3) Restaurants, Cafes. Coffee Shoos, Tea Shops, Bagel Shops and Similar
Operations of 3.001 square feet in area or greater (including the square footage of
any outdoor seating area), without drive -thru. RestauFants, Sit Down eF Carry Out.
(4) Motorcycle and accessories sales and service stores, when conducted entirely
within the store itself.
(5) Tobacco Shops(Ord.0- 97 -45)
(6) Liquor Stores and liquor sales areas included as accessory uses in food or drug
stores, (Ord.0- 97 -45)
(7) Coffee shops, tea shops, bagel shops and similm apeFations, subjeet te all zening
(8) Pharmacy with related drive -thru facility providing adequate vehicle stacking
space. (Ord.0- 98 -33)
(9) Food Stores, Grocery Stores and Supermarkets. (Ord.0- 02 -44) An outdoor sales
area/merchandise disp ay area may be provided when approved as part of the food
ore, grocery store or supermarket
(10) Retail Stores with gross floor area of 10,000 square feet or more. (Ord.0 -02-
44)
(1 1) Specialty Food Retail Stores of 3.001 square feet in area or greater.
b. Service Uses.
(1) Automobile Service Stations.
(2) Banks, Savings and Loan Associations and other Financial Institutions, with or
without drive -in facilities.
(3) Drive - through automatic teller machine operated in connection with a Bank,
Savings and Loan or other Financial Institution. (Ord. 0- 93 -47)
(4) Drive -thru car wash facility providing adequate vehicle stacking space when
part of a C -1 Village Center District PUD of more than five acres in size."
(Ord.0- 98 -33)
(5) Mail and parcel packaging, shipping and receiving, and business service store.
(Ord.0- 00 -25)
(6) Nail salons providing manicures and pedicures, which may include ancillary
service such as massage and waxing services. (Ord. 0- 14 -12)
c. Residential Uses.
(1) Dwelling Units, provided that where dwelling units are located in a principal
building containing business uses, they shall be above the ground floor.
(2) Senior Citizen Housing.
1.2
d. Recreation and Social Facilities.
(1) Clubs and Lodges - private and not - for - profit.
(2) Theaters, indoor only, including live entertainment.
(3) A self - improvement facility including physical exercise and sport training
schools not including those uses specifically provided for in Article 5.02- C.
e. Public Service and Utility Uses.
(1) Bus passenger shelters.
(2) Essential services - provide[
Article 2, General Provisions
(3) Railroad rights -of -way.
(4) Parking Lots and Structures,
use to which it is accessory.
(5) Parking Lots and Structures,
passenger automobiles only.
(6) Public Utility Offices.
that they are properly screened as set forth in
when not located on the same lot as the principal
other than accessory for the storage of private
f Educational Institutions.
(1) Business or Professional Schools, but not trade or vocational schools.
(2) Music and Dance Schools.
g. Public and Governmental Land and Buildings.
(1) Historical Buildings and Landmarks preserved for public inspection and
operated not -for- profit.
(2) Museums, operated not- for - profit.
(3) Post Offices.
(4) Public Libraries.
(5) Governmental buildings and uses, including public parking facilities.
(6) Public Parks, Plazas and Arcades.
h. Religious institutions.
(1) Places of Worship.
(2) Residences for Religious Personnel.
Planned Unit Developments.
Shopping Center /Planned Unit Development (Ord. 0- 90 -36)
k. Multiple -Use Developments.
Developments containing two or more Permitted or Special Uses on the same
zoning lot in a single structure which existed prior to the adoption of this Ordinance.
Such developments shall comply with all applicable provisions of this Ordinance
except those provisions pertaining to district bulk requirements.
I. Multiple -Use Developments - Enlargement of Existing Structures. Developments
containing two or more Permitted or Special Uses on the same zoning lot in a single
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structure which existed prior to the adoption of this Ordinance and which may be
subsequently expanded provided that all applicable provisions of the Ordinance are
met.
m. Overnight (II 12.m. to 5 a.m.l Businesses.
1) The permitted uses listed in Article 5.01 -B.1. if regularly open for business o
a 24 -hour basis, or during overnight hours from 1 1:00 p.m. to 5:00 a.m.
SECTION 3: That Article 5.03 -A (Description of District) of Article 5.03 (C -3 Limited
Commercial Office District) of the Zoning Ordinance of the Village of Deerfield be and the same
is hereby amended to read as follows (additions are indicated by n rlinin and deletions are
indicated by s#ikeaut markings):
5.03 -A Description of District (Ord. 0- 82 -06)
The C -3 Limited Commercial Office District is a specialized district established to
permit and carefully regulate a limited variety of commercial uses on lands which are
located along certain major streets and which either adjoin or front across from a
residential district. This district provides for the development of low traffic generating
land uses which are compatible with surrounding residential properties and which serve
as buffers between residential properties and the more intensive commercial or limited
industrial districts. This district is characterized by low- intensity uses on well
landscaped sites. Retail activities are limited to those which supplement an office use.
SECTION 4: That Article 5.03 -C (Special Uses) of Article 5.03 (C -3 Limited
Commercial Office District) of the Zoning Ordinance of the Village of Deerfield be and the same
is hereby amended to read as follows (additions are indicated by underlining and deletions are
indicated by strikeout markings):
5.03 -C Special Uses
IQ
The following special uses are permitted in the C -3 Limited Commercial Office District
when authorized in accordance with the provisions of Article 13, Administration and
Enforcement.
1. Service Uses
2. Health, Medical and Care Institutions
a. Nursing Homes and Convalescent Centers.
b. Nursery Schools and Child Care Facilities.
c. Institutions for the Care of the Physically, Mentally or Emotionally Disabled.
3. Recreation and Social Facilities
a. Health Clubs, indoor only.
b. Racquet, Handball and Tennis Clubs, indoor only.
4. Educational Institutions
a. Business and Professional Schools.
b. Trade or vocational schools.
5. Public Utility and Service Uses
a. Essential Services.
b. Bus Passenger shelters.
c. Public Utility Offices.
6. Planned Unit Developments (Ord. 0- 82 -06)
a. Commercial Planned Unit Developments, as regulated in Article 12.
b. Village Center /Commercial Planned Unit Developments, limited to those properties
abutting the north right -of -way line of Osterman Avenue, lying between Waukegan
Road and the Chicago, Milwaukee, St. Paul and Pacific Railroad right -of- way and
those properties fronting on the west side of Hoffman Lane, as regulated in Article
12.
SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative
act of 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
91
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law
in that regard within its jurisdiction.
SECTION 6: 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.
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PASSED this 21 st day of November 2016.
AYES: Farkas, Jester, Seiden, Struthers
NAYS: None
ABSENT: Nadler, Shapiro
ABSTAIN: None
APPROVED this 21st day of November 2016.
Village President
ATTEST:
illage Clerk