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O-67-15Y Published in pamphlet form by authority of the corporate authorities of the Village of Deerfield, Illinois, the 3rd day of April 5 A.D. 1967. * * * V I L L A G E * * * 0 * F * * * D E E R F I E L D, I L L I N O I S * * * * * * * * * ORDINANCE NO. 0 -67=• 15 * * * * * * * * * AN ORDINANCE AMENDING SECTION VI * * * OF THE ZONING ORDINANCE OF THE VILLAGE OF * * * DEERFIELD [HOVLAND SUBDIVISION] * * * * * * * * * * * * * * * * * * * * * * * PASSED AND APPROVED by * the President and Board of * Trustees the 3rd day of * Apri I A.D . 1967. , * * * * * * Y Published in pamphlet form by authority of the corporate authorities of the Village of Deerfield, Illinois, the 3rd day of April 5 A.D. 1967. AA ORDINANCE NO. 0 -67- 15 AN ORDINANCE AMENDING SECTION VI OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD [HOVLAND SUBDIVISION] WHEREAS, the development and execution of the Zoning Ordinance is based on the division of the Village into districts within any one of which the use of land and build'n s and the location of buildings and structures is essential niform; and WHEREAS, an exception has been recognized in the case of conditional uses which are unique in character and cannot be properly classified in any particular district without considera- tion in each case of the impact of those uses upon neighboring property; and WHEREAS, it is similarly recognized that there may be a geographical area of the Village which, by reason of the history of its development or absence thereof, its location with respect to the remainder of the Village and surrounding and neighboring uses, the nature of its subdivision into lots and blocks, the absence of public improvements and municipal facilities,.and unique problems in connection with its future development,can - not properly be classified in any of the several districts pro- vided for in this ordinance; and WHEREAS, it is the considered judgment of the President and Board of Trustees that the area commonly known as the Hovland Subdivision and legally described as follows: Lots 2 through 19, both inclusive (except any portion thereof heretofore resubdivided into Unit No. 2 of the 3rd Addition to Deerfield Park), Lots 21 through 39, both inclusive, Lots 42 through 79, both inclusive, Lots 82 through 119, both inclusive, and Lots 121 through 150, both inclusive, in J. S. Hovland's First Addition to Deerfield in the Southwest Quarter of Section 32, Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois, is such a unique geographical area of the Village of Deerfield; and WHEREAS, it is the considered judgment of the President and Board of Trustees that by reason of the absence 16 the Hovland Subdivision of public improvements which are customary and, in fact, required by ordinance in modern residential subdivision; namely, paved streets, curbs and sidewalks, water mains, and sanitary and storm sewers, the present classification of said subdivision in the R -3 One- Family District is a proper one and substantially and directly related to the public health, safety and welfare; and WHEREAS, it is recognized by the President and Board of Trustees that if such public improvements as hereinabove described were in fact constructed and installed in the Hov- land Subdivision, the character and nature of the residential development adjoining and neighboring said subdivision would not warrant the continuation of all the restrictions imposed on the development of said subdivision by reason of its classi- fication in the R -3 One - Family District; and WHEREAS, it is the considered judgment of the President and Board of Trustees that it is in the public interest to, encourage the development of the Hovland Subdivision, pro- vided that such development is effected in an orderly and planned manner so as to preserve and enhance property values, protect the public health and safety by the construction and installation of public improvements, and assure, to the extent practical, the equal availability of the benefits of such de- velopment among the property owners in said subdivision in pro- portion to their ownership; and WHEREAS, it is the considered judgment of the President and Board of Trustees that in view of the unique and by modern standards outdated platting of said subdivision into a grid- iron of fifteen blocks, each containing ten lots, which lots are approximately 120 feet.by 300 feet in size, and the absence of agreement among the owners of property within said subdivision as to a particular plan of development, such an orderly and planned development as hereinabove described can only be ef- fected through the zoning technique or tool commonly known as "Planned Residential Developments" by which the corporate authori- ties may control the development of said area; and WHEREAS, it is the intent of the President and Board of Trustees to cause to be constructed and installed within said area certain public improvements, including sanitary sewers, water mains and major storm sewers in order to protect the public health, safety and welfare and provide the property owners and residents with the benefits thereof; and WHEREAS, it is the considered judgment of the President and Board of Trustees that because of the unique character of the Hovland Subdivision and the attendant problems in connection with its development as hereinabove set forth, it cannot be pro- perly zoned or classified in any of the present One- Family Dis- tricts established by this ordinance, and that a special zoning district or classification with particular regulations designed therefor:is required for said area. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: . 2 . WHEREAS, it is recognized by the President and Board of Trustees that if such public improvements as hereinabove described were in fact constructed and installed in the Hov- land Subdivision, the character and nature of the residential development adjoining and neighboring said subdivision would not warrant the continuation of all the restrictions imposed on the development of said subdivision by reason of its classi- fication in the R -3 One - Family District; and WHEREAS, it is the considered judgment of the President and Board of Trustees that it is in the public interest to, encourage the development of the Hovland Subdivision, pro- vided that such development is effected in an orderly and planned manner so as to preserve and enhance property values, protect the public health and safety by the construction and installation of public improvements, and assure, to the extent practical, the equal availability of the benefits of such de- velopment among the property owners in said subdivision in pro- portion to their ownership; and WHEREAS, it is the considered judgment of the President and Board of Trustees that in view of the unique and by modern standards outdated platting of said subdivision into a grid- iron of fifteen blocks, each containing ten lots, which lots are approximately 120 feet.by 300 feet in size, and the absence of agreement among the owners of property within said subdivision as to a particular plan of development, such an orderly and planned development as hereinabove described can only be ef- fected through the zoning technique or tool commonly known as "Planned Residential Developments" by which the corporate authori- ties may control the development of said area; and WHEREAS, it is the intent of the President and Board of Trustees to cause to be constructed and installed within said area certain public improvements, including sanitary sewers, water mains and major storm sewers in order to protect the public health, safety and welfare and provide the property owners and residents with the benefits thereof; and WHEREAS, it is the considered judgment of the President and Board of Trustees that because of the unique character of the Hovland Subdivision and the attendant problems in connection with its development as hereinabove set forth, it cannot be pro- perly zoned or classified in any of the present One- Family Dis- tricts established by this ordinance, and that a special zoning district or classification with particular regulations designed therefor:is required for said area. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That Section VI of the Zoning Ordinance For ONE: the Village of Deerfield, Illinois, passed May 4, 1953, as amended, be and the same is hereby further amended by adding a new subsection as follows: "Section VI -B R -1 -B One- Family District: A. Use Regulations: Permitted uses are: 1. One- family dwellings: 2. Accessory buildings, subject to the provisions of Section XVII.A. 3. Conditional uses, subject to the provisions of Section XXIII. 4. Temporary buildings and uses for construction purposes for a period not to exceed one (1) years. 5. Signs, subject to the provisions of Section XVII.B. 6. Planned residential developments as hereinafter defined and subject to the regulations hereinafter set forth. B. Height: The same regulations shall apply as in the R -1 One- Family District. C. Area: 1. Except as hereinafter provided for a planned residential development, the same area regula- tions shall apply as in the R -1 One- Family District, provided that irrespective of any other provisions of this ordinance, lots uti- lizing individual sewage disposal units shall have a minimum area of 36,000 square feet. 2. Except as hereinafter provided for planned resi- dential developments, the same yard requirements shall apply as in the R -1 One- Family District. D. Planned Residential Developments: 1. A planned residential development in the R -1 -B District is the use and development for single - family detached residential purposes of a compact and contiguous parcel or tract of land having suffi- cient area to permit its development in accordance . 4 . with an orderly plan with due allowance for the similar development of adjoining property, under single ownership, or if the ownership is diverse, then under unified control pursuant to an agreement of such owners, in accordance with a general plan of development or subdivision design, and in accord- ance with the regulations and conditions herein- after prescribed. 2. In the case of a planned residential development, the Plan Commission may recommend and the Board of Trustees may authorize exceptions and variations from the area and bulk regulations applicable to the R -1 -B District, provided: a. That the minimum lot area per shall be not less than 10,800 and the height, yard and lot ments and dwelling standards than those applicable to the District. dwelling unit square feet, coverage require - shall be not less R -2 One- Family b. That the purpose of such exceptions and varia- tions shall be for the purpose of ..promoting a unified development compatible with adjoining One- Family Residential Districts. c. That all subdivided lots within such planned residential development front on, fully improved, dedicated public streets meeting all the re- quirements therefor established in Chapter 9 of the Municipal Code of the Village of Deer- field and be served by all off -site Public improvements as required by said Chapter 9 of the Municipal Code of the Village of Deer- field and in accordance with the standards therein set forth; provided, that all such public improvements constructed and installed to serve such planned residential development shall be of such size and capacity as shall be established by the Village Engineer in accordance with accepted engineering prac- tices so as to adequately and properly provide for the extension and use of such facilities throughout the R -1 -B District. d. That any subdivision within such planned resi- dential development shall be so designed as to permit the development and subdivision of adjoining property in the R- 1- B'District in a manner equally as beneficial to the owner or owners of such adjoining property. 5 . e. That any planned residential development bordering on or including within it portions of any existing public streets shall provide for the full improvement of such streets or portions thereof to the extent that such streets border upon or are included within said planned residential development. 3. The Board of Trustees may impose other restrictions and conditions on a planned residential development in keeping with the general purpose and intent of this ordinance and the comprehensive plan of the Village of Deerfield and in order to facilitate such development, may: a. Vacate streets and public ways as provided by statute. b. Establish funds for the construction and in- stallation of public improvements in the R -1 -B District and impose as a condition to the approval of any planned residential develop- ment that the owner or owners contribute to such funds on a proportionate basis or require the owner or owners of a planned residential de- velopment to reimburse on a proportionate basis the Village or other owner or developer for the cost of construction and installation of public improvements serving and benefitting such pro- posed planned residential development. c. Acquire lands by purchase or condemnation for public rights -of -way and utilities, provided that the Board of Trustees, as a condition of approval of a planned residential development, require the owner or owners thereof to bear the cost of such acquisition. E. Procedure: An application for approval of a planned residential development shall be filed with the Secretary of the Plan Commission. The application shall contain such information and there shall be filed therewith such supporting documents, plats and plans as the Commission may from time to time by rule provide. Within sixty (60) days after the filing of such application, a hearing shall be held on such application and on any proposed plat of subdivision by the Plan Commission; such hearing shall be conducted as nearly as possible in the same manner as a hearing on an application for an amendment to this ordi- nance. Notice of such hearing shall be published at least once not more than thirty (30), nor less than fifteen (15), days before the hearing in one or more newspapers pub- lished within or having a general circulation within the Village of Deerfield. Such notice may be supple- mented by such additional form of notice as the Board by rule may provide. Said hearing may be continued from time to time. Following such hearing, the Plan Commission shall transmit to the Board of Trustees a written report giving their findings and recommenda- tions for action to be taken by the Board of Trustees in regard to such application. After receiving the report of the Plan Commission, the Board of Trustees may approve such application for a planned residential development with or without change or may reject it or may refer it back to the Plan Commission for further consideration. Any ordinance approving a planned resi- dential development shall specify with particularity the special conditions and restrictions imposed by the Board of Trustees on the planned residential development, and shall specify the extent to which the District regula- tions which would otherwise have been applicable have been varied or modified and shall have attached thereto ,a true and correct copy of any plat of subdivision ap- proved as part of the planned residential development." SECTION That all ordinances and parts of ordinances in TWO: conflict herewith, are, to the extent of such conflict, hereby repealed. SECTION That the Village Clerk is hereby directed to THREE: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FOUR: effect from and after its passage, approval and publication, as provided by law. AYES: FIVE 5 NAYS: NONE 0 ABSENT: NONE 0 PASSED this 3rd day of Apri i , A.D. 1967. APPROVED this 3rd day of April , A.D. 1967. Village President ATTEST: Village Clerk . 6 days before the hearing in one or more newspapers pub- lished within or having a general circulation within the Village of Deerfield. Such notice may be supple- mented by such additional form of notice as the Board by rule may provide. Said hearing may be continued from time to time. Following such hearing, the Plan Commission shall transmit to the Board of Trustees a written report giving their findings and recommenda- tions for action to be taken by the Board of Trustees in regard to such application. After receiving the report of the Plan Commission, the Board of Trustees may approve such application for a planned residential development with or without change or may reject it or may refer it back to the Plan Commission for further consideration. Any ordinance approving a planned resi- dential development shall specify with particularity the special conditions and restrictions imposed by the Board of Trustees on the planned residential development, and shall specify the extent to which the District regula- tions which would otherwise have been applicable have been varied or modified and shall have attached thereto ,a true and correct copy of any plat of subdivision ap- proved as part of the planned residential development." SECTION That all ordinances and parts of ordinances in TWO: conflict herewith, are, to the extent of such conflict, hereby repealed. SECTION That the Village Clerk is hereby directed to THREE: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FOUR: effect from and after its passage, approval and publication, as provided by law. AYES: FIVE 5 NAYS: NONE 0 ABSENT: NONE 0 PASSED this 3rd day of Apri i , A.D. 1967. APPROVED this 3rd day of April , A.D. 1967. Village President ATTEST: Village Clerk VILLAGE OF DEERFI -ELD, ILLINOIS ORDINANCE NO. 0-67-15 AN ORDINANCE AMENDING SECTION VI OF THE ZONING ORDINANCE OF THE VILLAGE OF .DEERFIELD (HOVLAND SUBDIVISION LAW OFFICES PEDERSEN 80 110UPT 13S SOUTH LA SA.LLE STREET CHICAGO, ILLINOIS 60603