O-73-54ORDINANCE NO. 0 -73 -54
AN ORDINANCE AMENDING SECTIONS XXII,C,
XXII,F, XXII,G AND III OF THE
ZONING ORDINANCE OF DEERFIELD
Published in pamphlet form
this 1st day of October, 1973,
by the President and Board of
Trustees of Deerfield.
� • J
ORDINANCE NO. 0 -73 -54
AN ORDINANCE AMENDING SECTIONS XXII,C,
XXII , F ,.'1 XXI'I:, G . AND,..111- -OF 'THE
ZONING ORDINANCE OF DEERFIELD
WHEREAS, the Plan Commission of the Village of Deerfield,
pursuant to proper notice, 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 as herein-
after 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 Section XXII,C of the Zoning Ordinance of
ONE: the Village of Deerfield, passed May 4, 1953,
as amended-,—Fe and the same is hereby further amended by striking
the second paragraph of said Section and substituting in lieu thereof
the following:
The Board of Zoning Appeals shall hear all applications
for variations to the provisions of the Zoning Ordinance
and shall submit to the Village Board of Trustees its
recommendations accompanied by findings of fact speci-
fying the reason or reasons therefor, except that the
Board of Zoning Appeals shall both hear and decide on
applications for variations to the provisions of
Section XVII,B, pertaining to sign regulations.
SECTION That Section XXII,F of the Zoning Ordinance of
TWO: the Village of Deerfield, passed May 4, 1953,
as amended, be and the same is hereby further amended by striking
said Section in its entirety and substituting in lieu thereof the
following:
F. Variations
1. The Village Board of Trustees by ordinance, may
authorize variations from the provisions of this
ordinance where there are practical difficulties or
particular hardships in the way of carrying out the
strict letter of any of the provisions of this
ordinance relating to the use, construction or altera
tion.of buildings or structures or the use of land,
provided that jurisdiction to both hear and decide
applications for variations from the provisions of Section
XVII,B, pertaining to sign regulations shall be in the
Zoning Board of Appeals. No such variation shall be
made by the Village Board of Trustees, except in a specific
case and after a public hearing before the Board of
Appeals, pursuant to notice and after a report with a
finding of fact of the Board of Zoning Appeals, as
provided by the laws of this State. All variations author-
ized by ordinance shall not be effective until filed of
record in the Recorder's Office of Lake County, on
behalf of party seeking said variance.
2. The Zoning Board of Appeals shall not grant a
variation to the regulations of Section XVII,B as
authorized herein, except in cases of practical
difficulties or particular hardships upon application
therefor, and after a public hearing of which notice
was duly published and unless it shall have made findings
based upon the evidence presented to it in each specific
case that:
(i) The variation is in harmony with the
general purpose and intent of the.regulations.
(ii) The property in question cannot yield a reasonable
return if permitted to be used only under the
conditions allowed by the regulations in the
district in which it is located.
(iii) The plight of the owner is due to-unique
circumstances; and
(iv) The variation, if granted, will not alter
the essential character of the locality.
For the purpose of implementing the above rules, the Zoning
Board of Appeals shall also, in making its determination
whether there are practical difficulties or particular
hardships, take into consideration the extent to which the
following facts favorable to the applicant have been estab-
lished by the evidence:
'IN.
(i) The particular physical surroundings, shape,
or topographical features of the specific
property involved would result in a particular
hardship upon the owner, as distinguished from
a mere inconvenience, if the strict letter of
the regulations were carried out.
(ii) The conditions upon which the petition for
variation is based would not be applicable, generally
to the other property within the same zoning
classification.
(iii) The purpose of the variation is not based
exclusively upon a desire to make more money
out of the property.
(iv) The alleged difficulty or hardship has not been
created by the owner of the property.
(v) The granting of the variation will not be
detrimental to the public welfare or injurious
to other property or improvements in the
neighborhood in which the property is located.
The Zoning Board of Appeals may require such conditions and
restrictions upon the premises benefited by a variation
as may be necessary to comply with the standards set forth
in this Sub - section to reduce or minimize the injurious
effect of such variation upon other property in the neigh-
borhood, and better to carry out the general intent of this
comprehensive amendment.
Variations from the regulations of Section XVII,B shall be
granted by the Zoning Board of Appeals only'in accordance with
the standards set out in this Sub - section and may not be
granted in the following instances:
(i) To permit a projecting or a flashing sign or an
advertising sign.
(ii) To extend the date by which a non - conforming
sign must be removed or made to conform in
accordance with the provisions of Section
XVII,B,10,d,(4) by more than one year.
3. No ordinance by the Board of Trustees or order of the
Board of Zoning Appeals granting a variation shall be valid
for a period longer than one (1) year from the effective
date of such ordinance unless a building permit is obtained
during such period and the erection or alteration of a
building is started or the use is commenced within such
period.
r
SECTION That Section
1TiiREE: the Village
as amendedT —e and the same is
the following therefrom:
XXII,G of the Zoning Ordinance of
of Deerfield, passed May 4, 1953,
hereby further amended by striking
To permit a billboard to be erected or maintained.
SECTION That Section III of the Zoning Ordinance of the
FOUR: Village of Deerfield, passed May 4, 1953, as
amended, Viand the same is hereby further amended by striking,
in their entireties, the following definitions:
Sign
Signs, Number & Surface Area
Sign, Advertising (Billboard)
Sign, Business
Sign, Flashing
SECTION That Section III of the Zoning Ordinance of the
FIVE: Village of Deerfield, passed May 4, 1953, as
amended, be and the same is hereby further amended by adding the
following definition,':' 6
Zoning Lot - a zoning lot is a single tract of
land located within a single block and undivided
by a public street or right -of -way, which, at
the time of filing of an application for a
building or use permit, is designated by its
owner as a tract to be used, developed or built
upon as a unit under unified ownership or control.
SECTION That all ordinances or parts of ordinances in
SIX: conflict herewith are, to the extent of such
conflict, hereby repealed.
SECTION That this Ordinance shall be in full force and
SEVEN_.E, effect from and after its passage, .approval, and.
publication ls•provided =�by law.
AYES: FIVE (5)
NAYS: NONE (0)
ABSENT: ONE (1)
PASSED this 1st day of October A.D. 1973.
APPROVED this 1st day of October A.D. 1973.
�IILLAGE PRESIDENT-
ATTEST:
VILLAGE CLERK