O-71-23i
I 1
ORDINANCE NO. 0 -71 -23
AN ORDINANCE AMENDING SECTION XXIII OF THE
ORDINANCE OF THE VILLAGE OF DEERFIELD
(AMENDMENTS AND
Published in pamphlet form
by the President and Board
of Trustees of the Village
of Deerfield this 6th day
of July , 1971.
ZONING
SPECIAL USES)
ORDINANCE NO. 0 -71 -23
AN ORDINANCE AMENDING SECTION XXIII OF THE ZONING
ORDINANCE OF THE VILLAGE OF DEERFIELD
(AMENDMENTS AND SPECIAL USES)
WHEREAS, the Plan Commission of the Village of Deerfield,
pursuant to proper notice, as provided by statute and ordinance,
has held a public hearing upon the subject matter of a certain
Amendment to the Zoning Ordinance of the Village of Deerfield;
and
WHEREAS, the said Plan Commission has recommended that the
corporate authorities amend said Zoning Ordinance in the manner
hereinafter provided.
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
ONE:
amended, be an,
Section in its
following:
That.Section XXIII of the Zoning Ordinance of
Village of Deerfield, passed May 4, 1953, as
the same is hereby further amended by striking
entirety and substituting in lieu thereof the
the
said
H. Notice
Decisions and recommendations of the Board of Zoning Appeals shall be
reached only after a public hearing and after notice has been given
by registered mail to the applicant. In addition, notice of the
time and place of such public hearing shall be published in a paper
of general circulation in the Village of Deerfield not less than 15
days nor more than 30 days previous to the hearing. Such notice
shall coiv- a,in the address or location of the property for which a
hearing by the Board is sought, as well as a brief description of the
nature of the application.
SECTION XXIII - AMENDMENTS AND ' SPECIAL . USES
A. Amendments
1. Scopes the regulations imposed and the districts created
=r this Ordinance may be amended by ordinance approved by
the Board of Trustees. No such amendment shall be made with-
out public notice and Public Hearing before the Plan
Commission.
2. Procedure and Reaui.rementss
a. Pre- filing Conference - Any owner of land which is within
the corporate limits of the Village, wishing to change the
classification of said land through an amendment to this
Ordinance shall, through the office of the Village Manager,
arrange for a meeting with the Plan Commission for the purpose
of preliminary discussions prior to the formal application
for rezoning.
b. Public Hearing - Applicant must submit a request for a
Public Hearing for a date certain. Such date must be mutually
convenient to the applicant and the Plan Commission and shall
not be more than 30 days nor less than 15 days subsequent to
the date of public notice in a paper of general circulation
in the Village of Deerfield. Application must be accompanied
by payment of a Public Hearing fee in the amount of x$50.00.
c. Requirements - At the Public Hearing, the applicant must
present four copies of a plat of the area for which rezoning
is requested. Specifications for such plats shall be the same
as those required for subdivisions (Chapter 9, Village Code).
Applicant must also provide affidavit of notification to
property owners within 250 feet of the property for which
rezoning is requested.
d. Plan Commission Recommendation - The Plan Commission will
make written recommendations to the Village Board, usually
within 60 days from date of Public Hearing. Such written
recommendation shall state with particularity all conditions,
restrictions and other agreements made as part of the
Commission's recommendation.
e. Village Board Approval - The Village Board may approve,
reject or return the request to the Plan Commission for fur-
ther study. In the case of Village Board approval, the Board
shall cause an appropriate amending ordinance to be written
and approved.
57
B• ,pFctat '�ses
1. Purposes - This Zoning 6rdinance is based upon the division
of the Village into districts within any one of which the use
of land and buildings, and the bulk and locations of buildings
or structures as related to the land, are essentially uniform.
It is recognized, however, that in any particular district,
certain uses will be needed which must be considered, in each
case, on the basis of the impact of those uses upon neighbor-
ing property and a consideration of the public need for such
uses. Such . Special Uses fall into the following cate-
gories:
a. Buildings and uses entirely private in character but of
such a nature that their construction and operation may give
rise to unique problems with respect to their impact upon
neighboring property or public facilities and;
b. Uses traditionally associated with a public interest or
uses operated by a publicly regulated utility.
2. Procedure and Requirements
a. Pre - filing conference - Any owner of land which is within
the corporate limits of the Village wishing to obtain a
SS ecial Use classification for said property shall,
through the office of the Village Manager, arrange for a meet-
ing with the Plan Commission for the purpose of preliminary
discussions prior to the formal application for CSpecial
Use.
b. Public Hearing - Applicant must submit a request for a
Public Hearing for a date certain. Such date must be mutually
convenient to the applicant and the Plan Commission and shall
be not more than 30 days nor less than 15 days subsequent to
the date of public notice in a paper of general circulation
in the Village of Deerfield. Application must be accomua.,u.od
by payment of a Public Hearing fee in the amount of - 050.00.
c.. Requirements - At the Public Hearing, the applicant must
present four copies of a plat of the area for which Special
. Use is requested. Specifications for such plats shall be
the same as those required for subdivisions (Chapter 9,
Village Code.) Applicant must also provide affidavit of
notification to property oWhers within 250 feet of the prop-
erty for which Special Use is requested.
d. Plan Commission Recommendation - The Plan Commission will
make written recommendations to the Village Board, usually
within 60 days from date of Public Hearing. Such written
recommendation shall state with particularity all conditions,
restrictions and other agreements made as part of the
Commission's recommendation.
e. Village Board Approval - The Village Board may approve,
reject or return the request to the Plan Commission for
further study. In the case of Village Board approval, the
Board shah ce.use an appropriate amending ordinance to be
wri vuen and approved.
3. Standards
The Plan Commission shall not recommend a C4=d1S9&9&&l Use unless
it is deemed necessary for the public interest or convenience at
that location or, if private in character:
a. It is so designed, located, and proposed to be operated that
the public health, safety, and welfare will be protected; and
b. It will not cause appreciable injury to the value of other
property in the neighborhood in which it is located; and
c. It is one of the Spacial .-L Uses specifically listed in this
ordinance for the district within which its establishment is
proposed.
4• Conditions
The Plan Commission may recommend, and the Village Board of
Trustees may provide, such conditions and restrictions.upon the
construction, location, and operation of a Special - - - -- Use,
including but not limited to provisions for off - street parking
and loading, building height and bulk, signs and accessory uses,
and access drives as may be deemed necessary to promote the gen-
eral objectives of this ordinance and to minimize injury to the
value of property in the neighborhood.
5. Uses
The following uses of land or structures or both, are examples of
` Spec ia -1 . Uses subject to the provisions of this Section:
a. In all zoning districts:
Cemeteries, Crematories or Mausoleums
Golf courses, public or private
Municipal or privately owned recreation, but non - commercial,
building or community center
Police stations, fire stations or place for storage of
Municipal equipment
Parking area, public
Public administration building or any other publicly owned
structure
Public or private park or playground
Public utility facilities: filtration plant, pumping'station,
heat or power plant, transformer station or water storage
reservoir
Railroad passenger station
Railroad right -of -way
Schools, public or private
b. In Residential and Business Zoning Districts:
Churches and accessory buildings used for religious teaching
Hospitals or sanitariums
58 -a
r
Institutions for the care of the insane or feeble- minded
Nursery schools, day nurseries, and child care centers,
provided there is a minimum of one hundred (100) square feet
of outdoor play area for each child to be cared for, and that
the play area is fenced and screened with planting from any
adjoining lot in any "Ill' District.
c. In Manufacturing Zoning Districts:
Outside storage of raw materials, products and equipment
Radio and television antenna towers, commercial
d. Such other Special: . Uses as allowed by the regulations of
specific zoning districts.
SECTION XXIV - INTE2LPRETATIONS: PURPOSE AIM CONFLICT
0
In interpreting and applying the provisions of this ordinance, they
shall be held to be the minimum requirements for the promotion of
the public safety, health, convenience, comfort, prosperity, and
general welfare. It is not intended by this ordinance to interfere
with, abrogate, annul or repeal any ordinance, rules, regulations,
previously adopted, and not in conflict with any of the provisions
of this ordinance or which shall be adopted, pursuant to law relat-
ing to the use of buildings or premises, nor is it intended by this
ordinance to interfere with or abrogate or annul any easements,
covenants, or other agreements between parties, except that where
this ordinance imposes a greater restriction upon the use of build-
ing spaces than are imposed or required by such other ordinances or
such easements, covenants or other agreements, the provisions of
this ordinance shall control.
SECTION XXV - FEES
Fees pertaining to petitions for zoning amendments, use permits,
certificates of compliance, variations, and for appeals to the
Board of Zoning Appeals, shall be established by action of the
Village Board of Trustees from time to time. Such fees shall be
paid to-the Village Clerk, who shall give a receipt therefor and
account for same at regular intervals to the Board of Trustees.
59
SECTION That all ordinances or 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 (S)
NAYS: NONE (0)
ABSENT: NONE (0)
PASS: ONE (1)
PASSED this' 6th
APPROVED this' '6th
ATTEST:
VILLAGE CLERK
day of July A.D. 1971.
day of July A. D. 19 71.
VILLAGE PRESIDENT