O-23-07VILLAGE OF DEERFIELD
ORDINANCE NO. 2023- 0-23-07
AN ORDINANCE AMENDING SECTION 5.01-C OF "THE VILLAGE OF
DEERFIELD ZONING ORDINANCE 1978," AS AMENDED,
TO ALLOW DRIVE-THRU RESTAURANTS AS A SPECIAL USE IN
THE C-1 VILLAGE CENTER DISTRICT
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, 2300 Carlson LLC, an Illinois limited liability company ("Applicant'),
is the record owner of the property located at 560 Waukegan Road, in Deerfield, Illinois
("Property') ; and
WHEREAS, Shake Shack Illinois LLC, a Delaware limited liability company
("Tenant') is the proposed tenant of the Property; and
WHEREAS, the Property is located in the C-1 Village Center District ("C-1
District'; and
WHEREAS, Tenant desires to use the Property for drive-thru restaurant; and
WHEREAS, the Village desires to amend Section 5.01-C, of "The Village of Deerfield
Zoning Ordinance 1978," as amended ("Zoning Ordinance') to allow a drive-thru
restaurant in the C-1 District as a special use ("Proposed Amendment'); and
WHEREAS, a public hearing by the Plan Commission to consider the Proposed
Amendment to the Zoning Ordinance was duly advertised on October 6, 2022, in the Deerfield
Review, and was held on October 27, 2022, December 8, 2022, and January 12, 2023; and
WHEREAS, on January 12, 2023, the Plan Commission approved findings of fact in
support of the Proposed Amendment, in accordance with and pursuant to Section 13.10 of
the Zoning Ordinance, and voted to recommend approval of the Proposed Amendment 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 President and Board of Trustees have determined that it will serve
and be in the best interests of the Village to adopt the Proposed Amendment of the Zoning
Ordinance pursuant to this Ordinance;
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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 5.01-C OF THE ZONING
ORDINANCE. Subsection 5.01-C, titled "Special Uses," of Section 5.01, titled "C-1 Village
Center District," of Article 5, titled "Commercial Districts," of the Zoning Ordinance is hereby
amended and shall read as follows:
"5.01-C Special Uses
2. Special Uses - Class B permitted only as a Special Use in all locations
in the C-1 Village Center District subject to the provisions of Article
13.11 and if in addition to meeting the standards set forth in Article
13.11-D, the applicant can demonstrate that the establishment of the
Special Use will not be injurious to the character of the C-1 Village
Center District as a retail center for the Village.
a. Retail Business Uses.
(1) Automobile Accessory and Parts Shops, including
servicing and installation of products.
(2) Garden Supply Sales, including open sales and storage
area; provided, that each such area is located at least
one hundred fifty (150) feet from a residential district
and is fenced and screened as required below:
(a) Fencing.
Fencing shall be provided around all outdoor
sales areas. This fencing must be at least seven
(7) feet in height.
(b) Screening.
Screening shall be provided as required by the
Plan Commission to ensure the enjoyment of
surrounding properties and provide for the public
safety in accordance with Article 13,
Administration and Enforcement -Special Use.
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(3) Restaurants, Cafes, Coffee Shops, Tea Shops, Bagel
Shops and Similar Operations of 3,001 square feet in
area or greater (including the square footage of any
outdoor seating area), without drive-thru.
W4 Restaurants of any size with a drive-thru
(hA) Motorcycle and accessories sales and service stores,
when conducted entirely within the store itself.
(50 Tobacco Shops.
(67 Liquor Stores and liquor sales areas included as
accessory uses in food or drug stores.
SECTION THREE. 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 FOUR. PUBLICATION. The Village Clerk is hereby directed to publish
this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION FIVE. 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 TO FOLLOW]
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AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim
NAYS: Seiden
ABSTAIN: None
ABSENT: None
PASSED: February 21, 2023
APPROVED: February 21, 2023
ORDINANCE NO. 0-23-07
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Street, Village Clerk
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