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O-16-23VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 - 6-23 AN ORDINANCE ADOPTING THE 2016 VILLAGE OF DEERFIELD APPEARANCE CODE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of October , 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 4th day of October , 2016. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-16-23 AN ORDINANCE ADOPTING THE 2016 VILLAGE OF DEERFIELD APPEARANCE CODE WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit of local government, the Village of Deerfield may exercise any power and perform any function pertaining to its government and affairs, except as limited in accordance with Article VII, Section 6 of the Illinois Constitution; and WHEREAS, the Deerfield Appearance Review Commission ("ARC") was established in 1986 pursuant to Ordinance No. 0-86-21 and was charged with developing appearance review criteria for proposed buildings, structures and site improvements within the Deerfield Village Center as previously defined by Ordinance No. 0-78-8; and WHEREAS, the corporate authorities of the Village of Deerfield adopted the 1986 Appearance Code (the "1986 Code") and the Appearance Review Criteria and Rules of Procedure for the Village of Deerfield Appearance Review Commission (the "1986 Appearance Review Criteria") as proposed by an Ad Hoc Committee in 1986; and WHEREAS, the corporate authorities of the Village of Deerfield adopted Ordinance No. 0-00-05 in 2000 which served to expand the jurisdiction of the ARC to include the C-2 Outlying Commercial zoning district; and -1- WHEREAS, the corporate authorities of the Village of Deerfield adopted Ordinance No. 0-05-34 in 2005 which served to expand the geographic area considered part of the Deerfield Village Center (the "Village Center" or "Deerfield Village Center") that is within the jurisdiction of the ARC; and WHEREAS, the Appearance Code and Appearance Review Criteria are intended to express unifying and consistent community design standards to guide property and business owners in developing and proposing exterior design drawings, site plans, signage plans and landscaping and building materials within the Village Center and C-2 Outlying Commercial zoning districts with the object of fostering building and site development consistency and compatibility within the Village Center area and C-2 district through the application of the design criteria and principles set forth in the Deerfield Appearance Code; and WHEREAS, the Appearance Code and Appearance Review Criteria are further intended to allow for creative design solutions that remain compatible with the design principles set forth in the Appearance Code; and WHEREAS, the Deerfield Appearance Review Commission has now engaged in a comprehensive review of the 1986 Code; and WHEREAS, the Appearance Review Commission has recommended to the corporate authorities of the Village of Deerfield the adoption of a new and updated 2016 Village of Deerfield Appearance Code (the "2016 Appearance Code"), a copy of which is attached to this Ordinance, setting forth modernized community design principles and criteria for the appearance of buildings, structures, sites, plantings, signs, street hardware and other objects that are or will be visible within the built environment of the Deerfield Village Center area and C-2 zoning district; and -2- WHEREAS, the corporate authorities of the Village of Deerfield concur in the recommendation of the Appearance Review Commission and determine that is in the public interest that the 2016 Appearance Code be adopted as the Village of Deerfield Appearance Code; and, WHEREAS, the corporate authorities of the Village of Deerfield have determined that the 1986 Appearance Review Criteria should be updated and replaced by the Appearance Criteria and Rules of Procedure attached hereto (the "2016 Appearance Review Criteria") to be consistent with the 2016 Appearance Code; and WHEREAS, the corporate authorities of the Village of Deerfield concur in the recommendation of the Appearance Review Commission and determine that is in the public interest that the 2016 Appearance Code be adopted as the Village of Deerfield Appearance Code which, together with the 2016 Appearance Review Criteria, shall be applicable as the criteria, design standards and rules of procedure to be applied by the ARC in reviewing and issuing certificates of approval for proposed buildings, structures, sites, plantings, signs, street hardware and other objects and improvements visible within the built environment of the Village Center, C- 2 district and any other areas that may now or hereafter added to the Appearance Code jurisdiction of the ARC; 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 the above and foregoing recitals are hereby incorporated and made a part of this ordinance as if fully set forth herein. -3- SECTION 2: That the 2016 Appearance Code, including the appendices attached thereto, is hereby adopted as the Appearance Code of the Village of Deerfield, and shall be applied by the Appearance Review Commission in reviewing requests for new construction and any alterations to a building exterior or site, including signs, landscaping and any design features that are visible to the general public, within the designated areas of ARC jurisdiction as set forth in Section 2- 158(a)(8) of the Municipal Code of the Village of Deerfield, as amended. SECTION 3: That the 2016 Appearance Review Criteria attached hereto is hereby adopted as the Appearance Criteria and Rules of Procedure for the Appearance Review Commission. SECTION 4: A certificate of approval from the Appearance Review Commission, or a positive appeal to the Board of Trustees of the Village of Deerfield pursuant to the 2016 Appearance Review Criteria, must be obtained before a building permit will be issued for new construction or alterations to a building exterior or site, or before any changes in a planned unit development or special use located within the designated area of ARC jurisdiction will be issued or approved. SECTION 5: 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 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 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. -4- PASSED this 4th day of October , 2016. AYES:Farkas, Jester, Nadler, Shapiro, Struthers NAYS: None ABSENT: Seiden ABSTAIN: None APPROVED this 4th day of October , 2016. ATTEST: Village Clerk -5- Village esident The 2016 Appearance Code can be viewed at: http:/Iwww.deerfield.il.us/DocumentCenterlView/281/Appearance-Code- PDF?bidld=