Loading...
O-71-49ORDINANCE NO. 0 -71- 49 AN ORDINANCE AMENDING SECTIONS XIII, XIV AND XIV -B OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD (B- BUSINESS DISTRICT) Published in pamphlet form this 15th day of November , 1971, by the President and Board of Trustees of Deerfield. ORDINANCE NO. 0 -71- 49 AN ORDINANCE AMENDING SECTIONS XIII, XIV AND XIV -B OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD (B- BUSINESS DISTRICT) 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 certain amendments 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 That the Zoning Ordinance of the Village of ONE: Deerfield passed May-4,.1953, as amended, be and the same is hereby further amended by striking Sections XIII, XIV and XIV -B in their entirety and substituting in lieu thereof the following: "SECTION XIII B - BUSINESS DISTRICT "A. PREAMBLE The provisions of the B- Business District are intended to provide: 1. For the orderly development of undeveloped lots and parcels of property which are so zoned in the Village, recognizing that significant traffic problems exist along adjoining arterial traffic routes, and that without careful plan- ning and design such traffic problems may be acutely intensified (a) by the construction of unusually large buildings which generate sub- stantial traffic and (b) by the division of land into smaller parcels, which, in turn, may create unnecessary driveways and unsafe vehicular traffic patterns; 2. For the continued operation and functioning of those compatible business establishments which exist in the Village's business district and are a necessary convenience to the residents; 3. For the orderly improvement and rejuvenation of the Central Business District by providing Planned Unit Development procedures and standards to achieve the objectives set forth in the Village's Comprehensive Plan. While lands south of the existing business core in the area bounded by the Commons on the north, Waukegan Road on the east, the Sara Lee property on the south, and the railroad tracks on the west, is characterized predominantly by residential use, and therefore should be protected by residential zoning, the orderly redevelopment of these lands in substan- tially large parcels or segments, in a progressive pattern outward from the existing business area is encouraged. The rezoning of such tracts to the B District and the simultaneous application of the Planned Unit Development provisions will result in the orderly expansion of the business district, and afford maximum protection to the balance of the area which may remain in residential use for a significant period of time. The term "Central Business District," as used herein, shall not be interpreted as a description of a zoning district. The Central Business District contains several zoning districts and is the area generally bounded by Hazel Avenue on the north, Waukegan Road and Rosemary Terrace on the east, the northern boundary of the Sara Lee property on the south and the Milwaukee Road right -of -way on the west. Precise boundaries are illustrated on Plate 2, Part II of the Comprehensive Plan (adopted 2/2/71). "B. BUSINESS DISTRICT PROVISIONS 0 I� I �'f� p 1. Dwelling units and lodging rooms fir► e, shall not be permitted. 2. All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the.premises where produced. 3. All business, servicing, or processing in connection with permitted and special uses - except for off - street parking and off - street loading, shall be conducted within completely enclosed buildings. 4. The parking of trucks as an accessory use, when used in the conduct of a permitted or special business use shall be limited to vehicles of not over 1 -1/2 tons capacity when located within 150 feet of a Residential District boundary line (see Section XVI for parking requirements). 5. Any permitted use shall be located on one or more lots or parcels of record on the effective date of this amendment, or, if located on a lot sub- sequently created by the division of an existing lot or parcel, such use shall be permitted only as a Special Use hereunder. 6. Permitted Uses shall be restricted to a single use which has a gross floor area of less than 7,500 square feet, except office buildings for multiple- tenancy which may have a gross floor area not to exceed 20,000 square feet. Any per- mitted use which exceeds these floor area limita- tions, shall be permitted only as a Special Use. 7. Except for multiple- tenancy office buildings, not more than one principal use and one principal building shall be provided on one lot unless approved as a Special Use hereunder. 8. Warehousing and storage as an accessory use shall not exceed fifty (50) per cent of the floor area of any building. "C. PERMITTED USES No uses other than the following uses shall be permitted as the principal use of land: 1. Antique Shop 2. Apparel Store 3. Art Gallery and Art Studio 4. Bakeries - retail sales where not more than fifty (50) per cent of the floor area may be devoted to processing of goods, and goods so processed shall be sold on the premises. 5. Banks and Financial Institutions 6. Barber and Beatty Shops 7. Blueprint and Photostat Shop 8. Bookstore, Library, Lending Library and Reading Room 9. Business Machine Repair and Service 10. Camera and Photograph Supply Stores 11. Candy, Confectionery, Ice Cream and Nut Shop 12. Carpet, Rug and Floor Covering Stores 13. Drug Store 14. Dry Cleaning and Laundry Establishments including self- service coin - operated equipment; 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. 15. Fabric Store 16. Florist Sales, Retail 17. Food Stores, Meat and Fish Markets and Delicatessens 18. Food Catering 19. Furniture Store and Furniture Repair 20.- Gift Shop 21. Hardware Store, Retail 22. Household Appliance Store and Appliance Repair 23. Interior Decorating Shop 24. Jewelry Store 25. Magazine and Newspaper Store 26. Medical or Dental Laboratories 27. Music and /or Record Store 28. Offices - business, professional or government, having a gross floor area of less than 20,000 square feet 29. Paint and Wallpaper Stores 30. Pet Shop 31. Photographic Studio 32. Restaurant, Cafeteria, Soda Fountain 33. Shoe Repair Shop 34. Shoe Store, 35. Sporting Goods and Sportswear Stores 36. Stationery Store 37. Tailor Shop 38. Toy Store 39. Travel Agency 40. Variety Store 41. Accessory Uses to the above uses subject to the provisions of Section XVII -A including but not limited to: a) Off- street Parking and Loading in accordance with Section XVI b) Signs as regulated in Section XVII -B "D. SPECIAL USES 1. Where a use is classified as a Special Use in the B- Business District and existed as a Permitted or Special Use under the terms of this Zoning Ordinance immediately prior to the date of the adoption of this amendment, it shall be considered to be a legal Special Use. 2. Where7use is not allowed as a Permitted or Special Use but existed as a Permitted or Special Use under the terms of this Zoning Ordinance immediately prior to the date of adoption of this amendment, it shall be considered to be a non - conforming use and shall be subject to the non - conforming use provisions of Section XVIII hereof. 3.. Special Uses, subject to the provisions of Section XXIII,.which may be granted in the B- Business District, are as follows: a) Animal Hospital or Veterinary Services b) Automobile Sales - new cars only, with accessory servicing and repair facilities, on a lot not less than 40,000 square feet in area c) Automobile Service Station - on a lot not less than 40,000 square feet in area and provided that no more than two (2) automobile service stations shall be located on the corners of a single intersection d) Automobile Accessory and /or Repair Shop e) Automobile Laundry - on a lot not less than 60,000 square feet in area provided that on -site space is provided for three (3) automobiles per lane after exiting from the washing operations and on -site reservoir standing space for.twenty -five (25) automobiles per lane is provided for automobiles awaiting entry to the washing operations, f) Automobile Parking Lot when not located on the same as the principal use to which it is accessory g) Bowling Alley, Billiard Parlor, Theatre and similar recreational uses on lots not less than two (2) acres in area h) Catalogue Sales i) Churches and accessory buildings used for religious teaching j) Contractor's Offices k) Developments containing two or more Permitted or Special Uses on the same lot 1) Drive -in Establishments, providing services to ( persons in vehicles, or dispensing products Deleted 11/15/71 ( to be consumed in vehicles on the premises - on a lot not less than 60,000 square feet in ( area provided that: 1) such use is located not less than 1,000 feet from another drive -in establishment 2) such use is located not less than 500 feet from residential district 1),,m) Fraternal Organizations m) PA Garden Supply Sales S) a Hospitals or Sanitariums p) Hotel or Motel - on a lot not less than five Deleted 11 /�t—�� ( 5 ) acres ,in area and provided (1) that Deleted 11/15/71 ( off - street parking lots shall be screened by t ( a solid six (6) foot high fence or shrubbery ( from view at eye level from all adjoining ( roadways and private property, and (2) that ( twenty -five (25) per cent of the lot area ( shall be improved with landscaping o) x# Liquor Stores p) =X 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 "R" District q) xc Offices - business or professional, having a gross floor area of 20,000 square feet or more r) xtq Permitted Uses, having a gross floor area of 7,500 square feet or more S) Xo Planned Unit Developments - A "Planned Unit Development" is a parcel or tract of land of not less than two acres in area, initially under unified ownership or control, which contains two or more principal buildings and one or more principal uses, planned as a unified development 0 xl:� Public Buildings u) xK4 Religious Organizations v) Schools - music, dancing or business W) Utility Services and Offices X) -a&) Accessory Uses to the above uses subject to the provisions of Section XVII -A including but not limited to: 1) Off- street Parking and Loading in accordance with Section XVI 2) Signs as regulated in Section XVII -B of this Ordinance 4. An application for a Special Use permit in the B- Business District shall, in addition to the requirements of Section XXIII, be accompanied with development plans and specificationsXwhich shall include, as , the following: ,� -,� 5 i f/� Off✓ �a.u..w�.�s�d,v ,w3�y fZ46k01 C-F-- a) An accurate topographic and boundary line map of the project area.and a location map showing its relationship to surrounding properties ' b) The pattern of public and private roads, driveways and parking facilities, lawn areas, and intended design standards c) The size, arrangement and location of proposed building groups d) The design of off - street parking and loading areas, traffic aisles, entrances and exits e) Location, type and size of all plant materials f) The use, type, size and location of structures including fences, walls and landscape features g) The location of sewer and water facilities h) Architectural drawings and sketches illustrating the design and character of proposed structures i) Existing topography and storm drainage pattern and proposed storm.drainage system showing basic topographic changes j) Statistical data on total size of project area, floor area, height of buildings, number of off - street loading spaces k) Aspects of the maintenance of open space areas and of the provisions relating to the future use of private property (additions, expansion, changes in use, etc.) shall be fully set forth. 1) A traffic survey setting forth and analyzing the effects of the proposed such survey shall not be limited to the of adjacent streets but shall extend to 1 of the s ounding areas affected and sh indicate the anticip ed points of origin, direction, amount and dense traffic fl to and from the proposed s4opijIRg rovided, however, that no such traffic sury all be required � for any tract of land nined i - Business District on th�aning District Map opted as part of th�es—Ordinance and effective as February -28, 1969. ., 5. No Special Use shall be recommended by the Plan Commission unless the Plan Commission shall find: a) That the establishment, maintenance or operation of the Special Use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare b) That the Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the Village c) That the establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding properties for the uses permitted for such surrounding properties d) That adequate utilities, access roads, drainage and other necessary facilities will be provided e) That adequate provision will be made for pedestrian and vehicular ingress and egress and for parking so.as to eliminate or minimize traffic congestion in the public streets f) That the Special Use in all respects conforms to the applicable regulations of the B- Business District, except in the case of Planned Unit Developments, the Board of Trustees may authorize exceptions to the applicable regulations of this District within the boundaries of such developments, provided that the Board of Trustees shall find that such exceptions shall be solely for the purpose of promoting an integrated site plan no less beneficial to the occupants of such development as well as of neighboring properties than would obtain under the regulations of this Ordinance for buildings developed on separate lots "E. HEIGHT No building or structure shall be erected or structurally altered to exceed a height of two (2) stories, nor shall it exceed thirty (30) feet in height,,except in the Central Business District where no building or structure shall exceed a height of three (3) stories or forty -five (45) feet. "F. LOT AREA No minimum lot area except as otherwise provided and except that no lot or tract of land existing on the effective date of this amendment may be subdivided into smaller lots without first having secured a Special Use permit showing the proposed use of each new lot or parcel and an acceptable method of providing for the safe and coordinated provision of traffic flow, including ingress, egress and parking. "G. YARDS No building or structure shall be hereafter erected or enlarged unless the following yards are provided and maintained: 1. Front Yard.- not less than fifty (50) feet, except in the Central Business District not less than five (5) feet (Where there has been no street dedication, the front yard shall be measured from the established street right -of -way line.) 2. Side Yards on each side, a) Interior - not less than twelve (12) feeth except: 1) If the interior side lot line adjoins an alley, a side yard not less than five (5) feet in depth adjoining the alley shall be provided. 2) If a side lot line adjoins a residential district, a yard not less than fifty (50) feet in depth measured from the district line shall be provided. 3) If the use adjoins another business establishment and is processed as a Special Use or as a Planned Unit Development, no interior side yard may be required based upon the conditions of approval. b) Adjoining a Street - same as front yard requirements 3. Rear Yards - not less than ten (10) feet in depth, except if a rear lot line adjoins a residential district, a yard not less than fifty (50) feet in depth measured from the district line shall be provided "H. LOT COVERAGE The total ground area occupied by any principal building together with all accessory buildings shall not exceed twenty -five (25) per cent of the total area of the lot, except.in the Central Business District such building coverage shall not exceed seventy -five (75) per cent of the total area of the lot. "I: OFF- STREET PARKING AND LOADING In accordance with the requirements of Section XVI, except that in the Central Business District provision may be made for off -site multiple -use parking in accordance with an approved Special Use permit. In no case shall a parking lot or access drive be located closer than twenty -five (25) feet from any residential district.° SECTION That the Zoning Ordinance of the Village of Deerfield TWO: and the Zoning Map of the Village of Deerfield be and the same are hereby amended by striking and deleting the terms and designations "B -1 Neighborhood Business District," "B -2 Central Business District" and "B -4 Limited Business District" wherever the same shall appear in said Ordinance and Map and substituting in lieu thereof the term and designation "B- Business District." SECTION That the Zi THREE: be and the striking and deleting the term wherever the same shall appear lieu thereof the term "Special appropriate. SECTION That all FOUR: conflict conflict, hereby repealed. Dning Ordinance of the Village of Deerfield same is hereby further amended by "Conditional Use" or "Conditional Uses" in said Ordinance and substituting in Use" or "Special Uses" as may be ordinances or parts of ordinances in herewith are, to the extent of such SECTION That the Village Clerk is hereby directed to FIVE: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and SIX: effect from and after its passage, approval and publication, as provided by law. AYES: FOU;R� NAYS: NONE (0) ABSENT: ONE (1) ABSTAINING; ONE (1) PASSED this ' 15th day of November A.D. 19 71. APPROVED this 15th day of November A.D. 19 71. VI AGE PRESID2NT ATTEST: ` VILLAGE CLERK