O-22-15VILLAGE OF DEERFIELD
ORDINANCE NO. 2022- 0-22-15
AN ORDINANCE AMENDING "THE VILLAGE OF DEERFIELD ZONING
ORDINANCE 1978," AS AMENDED, REGARDING AMENDMENTS
TO APPROVED PLANNED UNIT DEVELOPMENTS AND
PLANNED RESIDENTIAL DEVELOPMENTS
WHEREAS, the Village of Deerfield 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, Article 12 of the Village of "The Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance"), establishes the authority, procedures, and rules for
creation of planned unit developments and planned residential developments (collectively,
"PUDs") with the intent of promoting creative approaches to residential, commercial,
industrial, and mixed -use development than what otherwise may be possible under
conventional zoning regulations and procedures; and
WHEREAS, Sections 12.09 and 12.10 of the Zoning Ordinance sets forth procedures
for review and approval of PUDs and "Final Development Plans" related thereto; and
WHEREAS, Section 12.09-G contemplates the processing and evaluation of changes
to an approved Final Development Plan ("PUD Amendment Procedures"); and
WHEREAS, the Village President and Board of Trustees continuously evaluate and
implement solutions to enhance responsiveness and administrative efficiency of Village
processes, including its PUD Amendment Procedures; and
WHEREAS, the Village desires to amend the Zoning Ordinance to make the PUD
Amendment Procedures more clear and efficient ("Proposed Amendments'; and
WHEREAS, a public hearing by the Plan Commission to consider the Proposed
Amendments to the Zoning Ordinance was duly advertised on February 17,, 2022 in the
Deerfield Review, and was held on March 10 2022; and
WHEREAS, on March 31 , 2022, the Plan Commission approved findings
of fact in support of the Proposed Amendments, in accordance with and pursuant to Section
13.10 of the Zoning Ordinance, and voted to recommend approval of the Proposed
Amendments by the Village Board; and
WHEREAS, the Village Board has considered the standards for amendments set
forth in Section 13.10 of the Zoning Ordinance; and
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WHEREAS, the President and Board of Trustees have determined that it will serve
and be in the best interests of the Village to adopt the Proposed Amendments pursuant to
this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND
BOARD OF TRUSTEES OF DEERFIELD, LAKE AND COOK COUNTY, ILLINOIS, as
follows:
SECTION ONE. RECITALS. The facts and statements contained in the preamble
to this Ordinance are found to be true and correct are hereby adopted as part of this
Ordinance.
SECTION TWO. ALTERNATIVE ENERGY SYSTEMS AS PERMITTED USES.
Section 2.10-F, titled "Alternative Energy Systems as Permitted Uses," of Article 2, titled
"General Provisions," of the Zoning Ordinance is hereby amended and shall read as follows:
"2.10-F Alternative Energy Systems As Permitted Uses
Notwithstanding Article 7.01, Building -mounted Wind Energy Systems
(BWES), Solar Energy Systems, and Geothermal Energy Systems shall be a
Permitted Use in the P-1 Public Lands District in accordance with Articles
2.10-C, l; 2.10-1); and 2.10-E.
. MONISM.
SECTION THREE. REPEAL OF SECTION 12.09-G OF THE ZONING
ORDINANCE. Section 12.09-G, titled "Changes to Approved Final Plan," of Article 12, titled
"Planned Unit Developments and Planned Residential Developments," of the Zoning
Ordinance is hereby repealed in its entirety and reserved for future use.
SECTION FOUR. AMENDMENTS TO PLANNED UNIT DEVELOPMENTS.
Article 12, titled "Planned Unit Developments and Planned Residential Developments," of
the Zoning Ordinance is hereby amended to add a new Section 12.11 titled "Amendments to
Approved Planned Unit Developments and Planned Residential Developments, which new
Section 12.11 shall be as set forth in Exhibit A, attached to and by this reference made part
of this Ordinance.
SECTION FIVE. FEES FOR AMENDMENTS TO PLANNED UNIT
DEVELOPMENTS AND PLANNED RESIDENTIAL DEVELOPMENTS. Section 13.14-
A, titled "Fees Required," of Article 13, titled "Administration and Enforcement," of the
Zoning Ordinance is hereby amended and shall read as follows:
"13.14-A Fees Required
Any application for the following shall be accompanied by the requisite fee:
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Variations.
2. Modifications.
3. Appeals.
4. Amendments.
5. Special Use/Planned Unit Developments/Planned Re-sidential
Develobments.
6. Minor Amendments to Planned Unit Developments and
Planned i n i 1 DeVelODMents.
7. Major Amendments to Planned Unit Developments and
Planned Residential Developments.
68. Annexations."
SECTION SIX. SEVERABILITY. If any provision of this Ordinance or part thereof
is held invalid by a court of competent jurisdiction, the remaining provisions of this
Ordinance are to remain in full force and effect, and are to be interpreted, applied, and
enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the
greatest extent permitted by applicable law.
SECTION SEVEN. PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION EIGHT. EFFECTIVE DATE. This Ordinance will be in full force and
effect from and after its passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: April 18, 2022
APPROVED: April ZO, 2022
ORDINANCE NO. 0-22-15
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Str =et, Village Clerk
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EXHIBIT A
12.11 AMENDMENTS TO APPROVED PLANNED UNIT DEVELOPMENTS AND
PLANNED RESIDENTIAL DEVELOPMENTS
12.11-A Minor Amendments
A minor, administrative amendment to a planned unit development or Final
Development Plan is a "minor amendment" and may be approved by the Village
Principal Planner upon a finding that the amendment is consistent with the intent
and purpose of the planned unit development or planned residential development and
provided such minor amendment will not result in one or more of the following:
A. A change in the allowed land uses on the subject property;
B. A change to the boundaries of the planned unit development or planned
residential development;
C. An increase in the number of dwelling units in excess of the lesser of three
units or five percent of the maximum number of dwelling units allowed in the
Final Development Plan. Increases in the maximum number of units may not
be made if such increase conflicts with the approved parking ratio, decreases
approved setbacks, adversely affects the character of the development or
exceeds the approved floor area ratio. Increases in the maximum number of
units may be made only once per planned unit development or planned
residential development to be considered a minor amendment;
D. An increase by more than one percent in Floor Area or building square footage;
E. An increase in the size of approved building pads;
F. A substantial increase in the traffic volume generated by, or traffic circulation
of, the planned unit development or planned residential development;
G. A reduction of more than one percent in approved common open space;
H. A reduction in the number of off-street parking or loading spaces required
pursuant to Article 8, Off -Street Parking and Off -Street Loading;
I. Any change that, in the opinion of the Director of Public Works and
Engineering, would constitute a significant modification to the provision of
public utilities to the subject property;
J. Any replacement of a sign or an expansion to a sign that is more than 10
percent larger in gross surface area than a sign approved as part of a final
development plan. Increases in the gross surface area may be made only once
per sign in a planned unit development or planned residential development to
be considered a minor amendment. This subsection 12.11-A.10 shall not apply
to: (i) a replacement or an expansion to a sign that is consistent with sign
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criteria approved pursuant to Section 9.05-F of this Code; (ii) signs that are
exempt from Article 9 of this Code pursuant to Section 9.01-A; and (iii)
temporary signs that do not require a permit pursuant to Section 9.03 of this
Code; or
K. Any change for which a variation, modification, or exception from the
provisions of the Zoning Ordinance would otherwise be required.
2. Notwithstanding anything to the contrary in Section 12.11-A.1, the addition or
replacement of a Building -Mounted Wind Energy System (BWES), Solar Energy
System, or Geothermal Energy System shall be deemed a "minor amendment" that
may be approved by the Village Principal Planner provided that: (i) the Village
Principal Planner makes a finding that the amendment is consistent with the intent
and purpose of the planned unit development or planned residential development; and
(ii) the addition or replacement of the proposed Building -Mounted Wind Energy
System, Solar Energy System, or Geothermal Energy System does not require the
approval of a variation, modification, or exception from the provisions of the Zoning
Ordinance.
12.11-B Major Amendments
1. Proposed amendments that do not meet the criteria for minor amendments, as
provided in Section 12.1LA of the Zoning Ordinance, may be implemented only upon
adoption of an amendatory ordinance by the Village Board, which may be adopted
only in accordance with the review and approval procedures for planned unit
developments or planned residential developments, as may be applicable, and
following a public hearing by, and recommendation of, the Plan Commission, as
provided in Section 12.09-A through Section 12.09-F of the Zoning Ordinance.
2. An applicant for an amendment that does not meet the criteria for a minor
amendment, as provided in Section 12.11.A of the Zoning Ordinance, may request
concurrent review of the preliminary and final amended development plans. Nothing
in this Section 12.11-B.2 shall be deemed or interpreted as obligating the Village to
approve a request for concurrent review of an amendment to a final development plan.
Either the Plan Commission or the Village Board may, in their discretion and at any
time, reject the request for concurrent review, and require separate review of the
preliminary and final amended development plans. If concurrent review is
authorized, the applicant shall submit for Plan Commission and Village Board
consideration all of the required documentation for a preliminary and final
development plan and, if applicable, a preliminary and final plat of subdivision.
12.11-C Expiration of Minor Amendment Approval
An approved minor amendment to a planned unit development or planned residential
development is valid for 12 months from the date of the letter granting such approval unless
action to implement the minor amendment is commenced within such time period and
thereafter diligently pursued to completion, including, if applicable, construction consistent
with the minor amendment as authorized by a building permit. If action to implement the
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minor amendment, including construction, does not begin within the time set forth, or does
not proceed with reasonable diligence, then the approval will lapse and become null and void.
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