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O-22-18VILLAGE OF DEERFIELD ORDINANCE NO. 2022- 0-99-18 AN ORDINANCE AMENDING SECTIONS 2-156 AND 2-158 OF "THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED, AND SECTIONS 9.02-B AND 9-02.1) OF "THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD," AS AMENDED, REGARDING THE COMPOSITION, DUTIES, AND PROCEDURES OF THE APPEARANCE REVIEW COMMISSION 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, the Village has created an Appearance Review Commission ("ARC'), which is charged with, among other things, reviewing the design, landscaping, site plans, and building materials for any building or structure in either the Village Center or the C-2 Outlying Commercial District; and WHEREAS, the composition and duties of the ARC are set forth in: (1) Article 12 of Chapter 2 of "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code'); (ii) Section 9.02-B.13 of the "The Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'), approve certain window signs in the Village Center District and C-2 Outlying Commercial District; and WHEREAS, the Village Board desires to Amend Article 12 of Chapter 2 of the Village Code and Section 9.02-B-13 of the Zoning Ordinance ("Proposed Amendments') to bring the Village Code and Zoning Ordinance up to date with the Village's current ARC practices; 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 WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to amend the Village Code pursuant to 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 {00119258.5} Additions are bold and double -underlined, -1-]—gas are c+,.uek thy-ough. 1 made a part of, this Ordinance as findings of the Village Board. SECTION TWO. NUMBER OF MEMBERS. Section 2-156, titled "Establishment; Number of Members"," of Article 12, titled "Special Purpose Boards and Commissions," of Chapter 2, titled "Administration," of the Village Code is hereby amended as follows: "Sec. 2-156. Establishment; Number Of Members: There are hereby established the following special purpose boards and commissions within the Village: Appearance Review Commission — 57 members SECTION THREE. DUTIES AND FUNCTIONS. Section 2-158, titled "Duties and Functions," of Article 12, titled "Special Purpose Boards and Commissions," of Chapter 2, titled "Administration," of the Village Code is hereby amended as follows: "Sec. 2-158. Duties And Functions: (a) The special purpose boards and commissions shall have the duties and functions set forth below: (8) Appearance Review Commission: (A) Functions And Duties: The Appearance Review Commission shall have the following functions and duties within the Village Center: To hold public cgs meetings on and male reeemmendations to the Board ofTrustees and rant or deny ap2roval n applicationgi pursuant to the appearance review criteria adopted by the Board of Trust 2. To review exterior design drawings, landscaping, site plans, building materials and any other submissions required by the appearance review criteria for any proposed construction, alteration or repair of any building or structure in either the Village Center as depicted in the Village Comprehensive Plan, as amended, or the C-2 Outlying Commercial District all in accordance with the rules; and procedures and er-iter-i {00119258.5) Additions are bold and double -underlined; s+,.,,ek thr-ou , 2 adopted by the Appearance Review Commission, and the appearance review criteria adopted by the Board of Trustees. 3. To hold hearings public meetings on the issuance of certificates of approval and to issue, conditionally issue, or deny such certificates based on compliance with appearance review criteria. 4. To hold public meetinEs to review and approve certain types of window signs as set forth in Section 9.02-B of "The Deerfield Zonintr Ordinance 1978," as amended. 5. To grant variations, modifications. or exceptions to allow- wall signs to be located up to three feet above the roof deck of a building in the Village's ecLmmercial zoning districts as described in Section 9.05-E, 6. To review and approve applications for sign criteria within either the Village Center, as depicted in the Village Comprehensive Plate as mended or the C-2 Outlying Commercial District, 47. To provide leadership and guidance in encouraging greater public interest and participation in the enhancement of community appearance. 48. To consult and cooperate with other commissions, Village agencies and other public and private bodies on matters affecting the appearance of the Village Center. (B) Term Of Appointment: initially, tw rot Members shall be appointed for ene yz^N two im M-effi-belfs- shall be years, +hw (3) years, by the Village President and with the advice and consent of the Board of Trustees. in the of the appointment r two rm additional members, the Est ne-;A4y apieini;ed- -nreffl-bb—AI-1 serveuntil hisappointmentan4 the--s,.,,,,,.,,] newly appointed mber—shall serve i:intil e e_.�Tofthe yeai-- following the seeend a.—i—safy of his appointment as deter--iHn-ed- by the V411age Ppesidcnt with the z dyiee-echo {00119258.5} Additions are bold and double -underlined; Stpaev 44120 gl 3 eensent of tifle R,,.,ra f TF-iW to �reu€te aA_ll appointments shall be for a period of three (84 years as provided in section 2-157 of this article. (C) Procedures And Criteria: The Appearance Review Commission shall propose the appearance review criteria in addition to hearin m in , review and enforcement procedures to implement the functions and duties above for consideration and adoption by the Board of Trustees, each of which may thereafter be altered or amended from time to time by the Board of Trustees. D In the event the Appearance Review Commission denies a Certificate of Approval or an amendment thereto, or a variation, an applicant shall have the right to appeal the_ decision f the Appearanc& Review Commission to the Board of Trustees. An anneal shall be made in writiny and shall be filed _within 30 days of the Appearance Reyie—w Co ss' its denial,In the event thal an appeal is taken with respect to property which is the subject matter of a consideration by either r both the Board of Zoninjj Appeals or the Plan Commission, the Board off Trustees shall consider he appeal concurrently with the recommendation of said bodies. If an anneal does not inv91_ve a property that is also subject to a concurrent review by the Board of Zonjn-- Anneals or the Plan Commission, the Board of Trustees shall consider such appeal within 60 days after the filing L)f the appeal with the Village's Principal Planner. T_he Board of Trustees may confirm the decision of the Appearance Review Commission, overturn or modify the decision of the Appearance Review Commission, or refer the matter back to the _Ap-marance ReviewCommission f r further consideration. SECTION FOUR. APPROVAL OF WINDOWS SIGNS. Section 9-02-B, titled "Commercial Districts," of Article 9, titled "Signs," of the Zoning Ordinance is hereby amended as follows: "9.02-B Commercial Districts In all Commercial Districts, only the following signs are permitted and then only if accessory and incidental to a permitted or Special Use in such districts: (00119258.5) Additions are bold and double -underlined; t:hn;1 ^i 4 13. Window Signage in the PG4 Village Center District and C-2 Outlying Commercial District c. Permanent Window Signs, subject to the following regulations: (1) Such sign(s) shall be either permanently affixed to the window, such as gold leaf and decal application, or hung, mounted or displayed a minimum of one inch away from the glass within the interior of a structure. (2) No such sign shall be displayed more than once per elevation (north, south, east, west). In special cases, a request to allow redundancy may be granted b thr-ettg4 the Appearance Review Commission-Ceptifieate Ir Meskfie i-A- . mpg .�sI Fe!va W.0 CIA ■ ■ SECTION FIVE. APPEALS AND MODIFICATIONS. Section 9.05-D, titled "Appeals and Modifications," of Article 9, titled "Signs," of the Zoning Ordinance is hereby further amended to read as follows: "9.02-D Appeals and Modifications 1. Appeals from the decisions of the Director of Community Development, under this Article, and all Teeittesia-fA-:-p e e s -4- effi the g„la+;,,rs -set re -:-Pt, h r,,;r shall be made to the Board of Zoning {00119258.5} Additions are bold and double -underlined; delefi— — stnae r threu 5 Appeals as hereinafter provided in Article 13, Administration and Enforcement. 2. All r ue is for modifications, variations. n exceptions from the regulations set forth in this Article shall be maw to U e Boardf Zoning Appeals as hereinafter r vided in Article 13 Administration and Enforcement, unless the request is fora modification. variation or exception made to th Appearance Review Commission pursuant to erection 9,05-E of this Code. Applicants for modifications. variations, and excetations from the regulations se forth in this Article must also seek an Appearance Review Certificate from the Appearance Review Commission in addition to any mini r tive roval required under Artie -le 13 of this Code. 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 after its passage, approval, and publication in the manner provided by law. AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: April 18, 2022 APPROVED: April20, 2022 ORDINANCE NO. 0-22-18 ATTEST: X KaJ45.- Kent S. Streit, Village Cle k Daniel C. Shapiro, Mayor {00119258.5} Additions are bold and double -underlined; deletions are struev thfaugh. 6