O-21-20VILLAGE OF DEERFIELD
ORDINANCE NO. 2021- 0-21-20
AN ORDINANCE AMENDING SECTIONS 5.02-C.4, 5.02-F, AND 14.02 OF
"THE DEERFIELD ZONING ORDINANCE OF 1978," AS AMENDED, TO DEFINE
AND PERMIT AS A SPECIAL USE ESSENTIAL SERVICES ANTENNA SUPPORT
STRUCTURES IN THE C-2 OUTLYING COMMERCIAL DISTRICT,
AND TO EXEMPT SUCH STRUCTURES FROM THE HEIGHT
REQUIREMENTS OF THE C-2 OUTLYING COMMERCIAL DISTRICT
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, Commonwealth Edison Co. ("Owner's is the record title owner of the
property commonly known as 525 Lake Cook Road, Deerfield, Illinois ("Property'); and
WHEREAS, the Owner currently uses the Property for an electric substation; and
WHEREAS, the Property is located within the C-2 Outlying Commercial District of
the Village ("C-2 District'); and
WHEREAS, as part of Owner's "smart -grid" initiative, the Owner desires to construct
on the Property: (i) an approximately 104 foot tall antenna support structure ("Essential
Services Antenna Support Structure'); (ii) three utility fiber enclosures; (iii) a utility
enclosure for batteries; and (iv) new fencing (collectively, "Improvements'; and
WHEREAS, Essential Services Antenna Support Structures are not allowed in the
C-2 District as either permitted or special uses; and
WHEREAS, the Owner submitted an application to the Village seeking approval of
amendments to the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'
to: (i) make Essential Services Antenna Support Structures an allowed use in the C-2 District
upon the issuance of a special use permit; (ii) define Essential Services Antenna Support
Structures; and (iii) to exempt Essential Services Antenna Support Structures from the
height requirements of the C-2 District (collectively, "Proposed Amendment'; and
WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to
consider the Proposed Amendment was duly advertised in the Deerfield Review on April 1,
2021 and held on April 22, 2021; and
WHEREAS, on April 22, 2021, the Plan Commission considered the Proposed
Amendments at its meeting and adopted findings, recommending approval of the Proposed
Amendments; and
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WHEREAS, the Village Board has 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 of the Proposed Amendment, 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 the findings of the Village Board.
SECTION TWO: ESSENTIAL SERVICES ANTENNA SUPPORT
STRUCTURES. Section 5.02-C, titled "Special Uses," of Article 5, titled "Commercial
Districts," of the Zoning Ordinance is hereby amended to read as follows:
"5.02-C Special Uses
The following special uses are permitted in the C-2 Outlying Commercial
District when authorized in accordance with the provisions of Article 13,
Administration and Enforcement.
4. Public Service and Utility Uses
a. Bus Passenger Shelters.
b. Essential Services, provided that they are properly
screened as set forth in Article 2, General Provisions.
C. Railroad Rights -of -way.
d. Essential Services Antenna SuRport Siructures.
SECTION THREE: HEIGHT EXCEPTIONS. Section 5.02-F, titled "Bulk
Regulations," of Article 5, titled "Commercial Districts," of the Zoning Ordinance is hereby
amended to read as follows:
"5.02-F Bulk Regulations
In the C-2 Outlying Commercial District, uses and structures shall conform to
the following bulk regulations:
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5. Maximum Building Height
Ca Except as provided in this section Nno building or structure
shall be erected or structurally altered to exceed a height of
thirty-five (35) feet.
Lb Essential Services Antenna Su o t tr ctures ma
exceed 35 feet in height provided that the height of any
such structures is approved as part of the approval of a
special use."
SECTION FOUR: DEFINITIONS. Section 14.02, titled "Definitions," of Article
14, titled "Rules and Definitions," of the Zoning Ordinance is hereby amended to add the
following definition in alphabetical order:
"14.02 Definitions
ESSENTIAL SERVICES ANTENNA SUPPORT STRUCTURE: A
freestanding structure, constructed without lattice -type construction,
used to support antennae, which antennae communicates exclusively
with ublic utility transmission and distribution a ui ment.
Essential Services Antenna Support Structures do not include any
structures that are used, either in whole or in part, to support or hold
equipment for third parties or for communications made for purposes
other than to support public utility transmission or distribution.
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.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Jacoby, Jester, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: July 6, 2021
APPROVED: July 7, 2021
ORDINANCE NO. 0-21-20
Daniel C. Shapiro, Mayor
AT TE S :
Kent S. . treet, Village Clerk
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