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O-23-17VILLAGE OF DEERFIELD ORDINANCE NO. 2023- 0-23-17 AN ORDINANCE AMENDING "THE VILLAGE OF DEERFIELD ZONING ORDINANCE 1978," AS AMENDED, TO CREATE A C-4 ENTERTAINMENT AND LIMITED RETAIL BUSINESS DISTRICT AND REGULATIONS ON LAND THEREIN 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 3 of the "The Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'), establishes, among other things, zoning districts for land within the Village, and sets forth use and other regulations in each zoning district; and WHEREAS, the Village desires to create a new C-4 Entertainment and Limited Retail Business District ("C-4 District') to be located south of Lake Cook Road, and zoning regulations to apply in the C-4 District, to foster redevelopment of the area and to provide entertainment and certain other services to Village residents (collectively, "Proposed Amendments'); and WHEREAS, a public hearing by the Plan Commission to consider the Proposed Amendments to the Zoning Ordinance was duly advertised on April 5, 2023 in the Deerfield Review, and was held on April 20, 2023; and WHEREAS, on May 11, 2023, 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 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. {00133163.2} -1- SECTION TWO. AMENDMENT TO SECTION 3.00 OF THE ZONING ORDINANCE. Section 3.00, titled "Establishment of Districts," of Article 3, titled "Zoning Districts and Map," of the Zoning Ordinance is hereby amended and shall read as follows (additions are bold and double -underlined; a-1-1:; „� are n+,.ueli thr-E),,,�h "3.00 ESTABLISHMENT OF DISTRICTS In order to carry out the purposes and provisions of this Ordinance, the Village is hereby divided into the following zoning districts: Residential Districts (Article 4) R-1 Single -Family Residence District. R-2 Single -Family Residence District. R-3 Single -Family Residence District. R-4 Single -Family and Two -Family Residence District. R-5 General Residence District. Commercial Districts (Article 5) C-1 Village Center District. C-2 Outlying Commercial District. C-3 Limited Commercial Office District. C-4 Entertainment and Limited Retail Busincu Mratrict. Industrial Districts (Article 6) I-1 Office, Research and Restricted Industrial District. I-2 Limited Industrial District. Public Lands District (Article 7)." SECTION THREE. AMENDMENT TO ARTICLE 5 OF THE ZONING ORDINANCE. Article 5, titled "Commercial Districts," of the Zoning Ordinance is hereby amended to add a new Section 5.04 which shall be and read as set forth in Exhibit A attached hereto and incorporated herein. SECTION FOUR. 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. 100133163.21 2 SECTION FIVE. PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION SIX. 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, Jacoby, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: July 5, 2023 APPROVED: July 5, 2023 ORDINANCE NO. 0-23-17 Daniel G. Shapiro, Mayor ATTE Ken S. reet, Vill ge Clerk {00133163.2} EXHIBIT A 5.04 C-4 ENTERTAINMENT AND LIMITED RETAIL BUSINESS DISTRICT 5.04-A Description of District The C-4 Entertainment and Limited Retail Business District is a specialized zoning district established to allow, encourage, and carefully regulate entertainment and a limited variety of commercial and residential uses, while also providing for the possible development of office buildings, research facilities, training centers, and restricted industrial parks in suitable areas appropriately located along a primary arterial street and across from a residential district. C-4 Entertainment and Limited Retail Business District recognizes that significant traffic congestion exists along adjoining arterial traffic routes, and that without careful planning and design, traffic problems may be acutely intensified. The uses in the C-4 Entertainment and Limited Retail Business District should be carefully regulated to control their impact upon public facilities and other uses. The C-4 Entertainment and Limited Retail Business District is characterized by development on relatively large lots with landscaped setbacks, high performance standards, and bulk regulations that will protect the environmental quality of this predominantly residential community. Expansion of the C-4 Entertainment and Limited Retail Business District will be carefully considered to determine if the area is suitable for this type of development. 5.04-B Permitted Uses Any permitted use in the I-1 Office Research Restricted Industrial District is a permitted use in the C-4 Entertainment and Limited Retail Business District. 5.04-C Special Uses The following uses may be allowed in the C-4 Entertainment and Limited Retail Business District upon the issuance of a special use: 1. Sports Themed Entertainment Establishment, including, but not limited to, Golf Driving Ranges with Entertainment, Miniature Golf, Skating Rinks, Bowling Alleys, Trampoline Parks and Indoor Children's Playgrounds and similar establishments. 2. Restaurant without a drive-thru, which restaurants may include live entertainment or dancing, when conducted as part of the restaurant operations and secondary to the principal use. 3. Microbrewery, brewpub, distillery, and winery with on -site consumption of beverages and full -meal food service. 4. Multi -Family Residential Development as part of a mixed -use development. 5. Specialty food retail store, grocery store, and supermarket over 3,000 square feet in area, but not to exceed 25,000 square feet in area, and when part of a mixed -used development. {00133163.21 4 6. Drama Theatre and Motion Picture Theater, except drive-ins. 7. Comedy Club. 8. Conference Center Facility without lodging, not to exceed 10,000 square feet in area. 9. Health Club, Racket Club or other Athletic Club. 10. Virtual Reality Establishment, Interactive Video Games Lounge, and Video Arcade Establishment, but not including any video gaming that is prohibited by Section 15- 19.1 of the Village Municipal Code. 11. Commercial Planned Unit Development. 12. Any Special Use allowed in the I-1 Office Research Restricted Industrial District. 13. The following retail business uses: a. Antique Shop. b. Apparel and Accessories Store. C. Art Gallery. d. Beauty Products, Cosmetics, Perfumes and Soaps Store. e. Bakery. f. Book Store. g. Candy and Confectionery Store. h. Delicatessen. i. Department Store. j. Drug Stores and Pharmacy. k. Florist Shop, retail sales only. 1. Frozen Dessert Store. In. Jewelry Store. n. Coffee shop, tea shop or similar shop, of 3,000 square feet in area or less. o. Specialty Food Retail Store of 3,000 square feet in area or less. p. Sporting Goods and Sportswear Store. 100133163.21 5 14. The following service uses: a. Artists' Studio. b. Massage. C. Beauty Salon. d. Nail Salon. 5.04-1) Temporary Uses Temporary Uses and structures may be allowed in the C-4 Entertainment and Limited Retail Business District subject to the issuance of temporary use permits in accordance with the provisions of Article 11, Temporary Uses and Structures. These uses and structures may include, but are not limited to, the following: 1. Carnival. 2. Christmas Tree Sales. 3. Contractors' Office and Equipment Sheds. 4. Home and Garage Sales. 5. Real Estate Sales Office and Model Units. 6. Block Parties and Street Dances. 7. Temporary Outdoor Sales. 5.04-E Accessory Uses In the C-4 Entertainment and Limited Retail Business District, accessory uses, buildings and structures as regulated by Article 2, General Provisions, may include the following, as well as uses and structures, similar to the following: 1. Fences, as regulated by Article 2, General Provisions. 2. Signs, as regulated by Article 9, Signs. 3. Tool Sheds and Similar Storage Structures. 5.04-F Bulk Regulations In the C-4 Entertainment and Limited Retail Business District, uses and structures shall conform to the following bulk regulations: 1. Minimum Lot Area {00133163.2} 6 The minimum lot area shall be five acres, except when lots are part of a planned unit development or commercial planned development that is five acres or greater. 2. Minimum Lot Width The minimum lot width shall be 200 feet. 3. Minimum Yards The following minimum yards shall be provided and maintained: a. Front Yard - A front yard of not less than 100 feet. b. Interior Side Yard - A side yard not less than 50 feet. C. Corner Side Yard - A corner side yard along the side street of not less than 100 feet. d. Rear Yard - A rear yard of not less than 50 feet. 4. Maximum Lot Coverage The total ground area occupied by any principal building, together with all accessory buildings, shall not exceed 35 percent of the total area of the lot. Maximum Building Height No building or structure shall be erected or structurally altered to exceed 45 feet in height. 5.04-G District Standards All of the property located in the C-4 Entertainment and Limited Retail Business District is subject to the general standards and regulations of the Zoning Ordinance. Property located in the C-4 Entertainment and Limited Retail Business District is also subject to the following: Retail or Service Businesses All retail and service business establishments shall be retail or service establishments that transact business with consumers primarily on the property. Goods produced on the property shall be offered for sale on the property where produced. 2. Limit on Warehousing Warehousing and storage as an accessory use shall not exceed 50 percent of the floor area of any building. For the purpose of this provision, basement floor areas shall be included in the computation of the floor area of the building. 3. Operation within Enclosed Structures {00133163.2} 7 All business, service, storage and display of goods shall be conducted within completely enclosed structures, except: a. Off-street parking and off-street loading; b. Temporary open sales or sidewalk sales, when authorized pursuant to Article 11, Temporary Uses and Structures; and C. Entertainment and athletic special uses that may have outdoor activities when approved as part of the special use. 4. Restriction on Sales and Services Involving Motor Vehicles No business establishments shall offer goods or services to customers using a drive-thru. 5. Landscaping a. All yards and open spaces between and about buildings, structures, off-street parking, loading areas, and areas along exterior and interior streets within the C-4 Entertainment and Limited Retail Business District shall be landscaped. All landscaping shall be properly and continually maintained by the owner of the property. b. Undeveloped areas shall be continually mowed and kept free of debris. 6. Screeninv Screening shall be provided as set forth in Article 2, General Provisions. 7. Underground Utilitv Svstems. Transformers and Metering Equipment All on -site utility lines, including, without limitation, power and telephone lines, but excluding high tension lines, shall be located underground. All transformer and terminal equipment and equipment for metering the usage of water, natural gas, electricity, and other utilities shall be located underground, within buildings, or effectively screened from view from streets and adjacent properties, as required in Article 2, General Provisions. 8. Lighting All exterior lighting, parking lot lights, exterior building lights and landscape lighting shall be directed away from adjoining highways, streets and properties. 9. Performance Standards It is the intent of these regulations to limit the use of land and buildings in the C-4 Entertainment and Limited Retail Business District to those uses which will not create any dangerous, injurious, noxious or otherwise objectionable conditions. Such uses may not create any fire, explosive, radioactive or other kind of hazardous conditions, nor may they produce unreasonable noise, vibrations, smoke, dust, odor or other forms of air pollution. {00133163.21 Electrical disturbances, glare, heat or any other conditions, substances or elements that are in a manner or amount so as to adversely affect the community will not be permitted. Specifically, all uses shall operate in conformance with the Village Municipal Code and shall be limited by the following: a. Glare or Heat No glare or heat shall be detectable at the limits of the tract on which the use is located. b. Vibrations No vibrations shall be detectable at the limits of the tract on which the use is located. C. Toxic Matter, Odors, Particulate Matter No toxic matter, noxious matter, smoke or gas and no odorous or particulate matter shall be detectable at the limits of the tract on which the use is located. d. Fire and Explosive Hazards Materials that present potential fire and explosive hazards shall be stored and used only in conformance with all applicable Village ordinances. e. Radiation Hazards Materials that present potential radiation hazards shall be stored and used only in conformance with the most restrictive of the applicable municipal, state and federal regulations. f. Electromagnetic Interference Electromagnetic interference shall not adversely affect the operation of any equipment other than that belonging to the creator of such interference and must conform to the regulations of the Federal Communications Commission. 9. Parking and Loading Requirements Off-street parking and loading spaces shall be provided in accordance with Article S, Off - Street Parking and Loading. 10. Signs Signs shall conform to the applicable regulations as set forth in Article 9, Signs. {00133163.2) 9