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O-22-33VILLAGE OF DEERFIELD ORDINANCE NO. 2022- 0-22-33 AN ORDINANCE AMENDING SECTIONS 7.02-C., 7.05-E, AND 14.02 OF "THE VILLAGE OF DEERFIELD ZONING ORDINANCE 1978," AS AMENDED, TO ALLOW AN ESSENTIAL SERVICES ANTENNA SUPPORT STRUCTURE AND REGIONAL STORM WATER FACILITIES AS A SPECIAL USE IN THE P-1 PUBLIC LANDS DISTRICT, AN ESSENTIAL SERVICES ANTENNA SUPPORT STRUCTURE TO EXCEED 35 FEET IN HEIGHT, AND TO DEFINE A REGIONAL STORM WATER FACILITY 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, the Village is the record title owner of the property commonly known as 909 Lake Cook Road, Deerfield, Illinois ("Property's, and the Village uses the Property for a regional storm water facility; and WHEREAS, the Property is located within the P-1 Public Lands District of the Village ("P-1 District's; and WHEREAS, WEC Business Services LLC ("Licensee') desires to enter into a license agreement with. the Village to allow Licensee to erect a .1.65-foot monopole, an electric enclosure, and fence on the Property; and WHEREAS, the Village desires to amend the "The Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance"), to amend Sections 7.02-C, 7.05-E, and 14.02 of "The Village of Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance') to: (i) define a regional stormwater facility; (ii) allow a regional stormwater facility in the in the P- 1 District as a special use; (iii) allow an essential services antenna support structure in the P-1 District as a special use; and (iv) allow an essential services antenna support structure to exceed 35 feet in height (collectively, "Proposed Amendments"l; and WHEREAS, a public hearing by the Plan Commission to consider the Proposed Amendments to the Zoning Ordinance was duly advertised on July 7, 2022, in the Deerfield Review, and was held on July 28, 2022; and WHEREAS, on July 28, 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 (00128988.1) -1- 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 of the Zoning Ordinance 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. AMENDMENT TO ARTICLE 14.02 OF THE ZONING ORDINANCE. Section 14.02, titled "Definitions," of Article 14, titled "Rules and Definitions," of the Zoning Ordinance is hereby amended and shall read as follows: "14.02 DEFINITIONS Regional Storm �Va—ter. Facility: A _ man-made structure for the temporary storage of stormwa_ ter runoff during tim f eley_&Ut rem levels. SECTION THREE. AMENDMENT TO ARTICLE 7.02-C OF THE ZONING ORDINANCE. Section 7.02-C, titled "Public and Government Uses and Buildings," of Article 7, titled "P-1 Public Lands District," of the Zoning Ordinance is hereby amended and shall read as follows: "7.02-C Public and Governmental Uses and Buildings 17. Essential Services Antenna Support Structure - An Essential Services Antenna Suunort_Structure on a property used for a regional s ormw ter facility, t less than 25 acres, an frontinz on Lake Cook Road. 18. Regional Storm Water Facility" SECTION FOUR. AMENDMENT TO ARTICLE 7.05-E OF THE ZONING ORDINANCE. Section 7.05-E, titled "Public and Government Uses and Buildings," of Article 7, titled "P-1 Public Lands District," of the Zoning Ordinance is hereby amended and shall read as follows: "7.05-E Maximum Building and Structure Height {00128988.1 } 2 1. No building or structure shall be erected or structurally altered to exceed a height of thirty five (35) feet, except for public elevated water tanks, fire department hose drying towers, and similar structures. 2. Essential services antenna support structures may exceed 35 feet in height provided that the height of the structure is approved as part of the approval for a special use." SECTION FIVE. 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 SIX. PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION SEVEN. 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. AYES: Benton, Berg, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: Jacoby PASSED: November 7, 2022 APPROVED: November 7, 2022 ORDINANCE NO. 0-22-33 Danie . Shapiro, Mayor ATTEST-V Kent S. 4 treet, Village Clerk {00128988.1;