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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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