O-81-70ORDINANCE NO. 0 -81 -70
AN ORDINANCE AMENDING ARTICLE 13 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
Published in pamphlet form this
19th day of October , 1981,
by the President and Board of Trustees
of Deerfield.
ORDINANCE NO. 0 -81 -70
AN ORDINANCE AMENDING ARTICLE 13 OF THE.
ZONING ORDINANCE OF TH8 VILLAGE OF'DEERFIELD
WHEREAS, the Plan Commission of the Village of Deerfield has heretofore
held a public hearing on the application of the Corporate Authorities of the
Village of Deerfield to consider certain text amendments to the Zoning Ordi-
nance.relative to the duties and responsibilities of the Zoning Board of
Appeals; and
WHEREAS, said hearing was held pursuant to duly published notice thereof
and was, in all respects, held according to law; and
WHEREAS, the Plan Commission of the Village of Deerfield, after considering
the evidence adduced, made written findings of fact and recommended adoption of
said amendments; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield
have determined that the'recommendation of the Plan Commission will serve the
best interests of the Village of Deerfield.
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 Article 13 of the Zoning Ordinance of the Village of
ONE: Deerfield, as amended, be and the same is further amended
by striking Sections 13.3 -2, 3; 13.3 -2, 4; 13.3 -2, 5; 13.3 -3, 4;
13.6 -5; 13.7 -3, 2; 13.7 -6; 13.7 -7, 2; 13.8 -4; 13.8 -5; 13.8 -6, 1; 13.8 -6, 2;
13.9 -1; and 13.9 -6 and substituting in lieu thereof the following:
"Article 13.3 -2, 3
Modifications
To hear and make recommendations to the Board of Trustees
upon all applications for modifications from the provisions
of Article 9, Signs, and from those provisions pertaining
to fencing and screening.
Article 13.3 -2, 4
Extension of Occupancy Permits
To hear and make recommendations to the Board of Trustees
upon all applications for extension of a temporary certifi-
cate of occupancy and use beyond the time period allowed
in this Ordinance.
Article 13.3 -2, 5
Other Matters
To hear and make recommendations to the Board of Trustees
upon all matters referred to it by the Board of Trustees.
Article 13.3 -3, 4
Minutes and Records
The Board of Zoning Appeals shall keep minutes of its
proceedings, showing the vote of each member upon every
question, or if absent or-failing to vote, indicating
such fact. The minutes of all hearings and meetings and
all recommendations of the Board of Zoning Appeals shall
be filed in the office of the Director of Building and
Zoning and shall be of public record.
Article 13.6 -5
Appeal
If any application for a Certificate of Occupancy is
denied due to apparent non - compliance with this Ordinance,
such decision may be appealed to the Board.of Zoning
Appeals as provided in Article 13.9. The Board of Zoning
Appeals'shall thereafter conduct a hearing and make a
recommendation with respect'to said appeal to the Board
of Trustees.
Article 13.7 -3, 2
Filing
Applications shall be filed in writing with the.Director
of Building and Zoning and shall be accompanied by such
documents and information as the Board of Zoning Appeals
may by rule require in order to render a recommendation.
The materials required for filing may include, but are
not limited to, a legal description of the subject property
ownership or proprietary interest, and if a land trust is
involved, disclosure of'all beneficial interests.
Article 13.7 -6
Conditions of Variations
The Board of Zoning Appeals shall recommend that such
conditions and restrictions be required upon the premises
benefitted by a variation as may be necessary to reduce or
minimize the injurious effect of such variation upon other
property in the neighborhood, and to better carry out the
general intent of this Ordinance.
Article 13.7 -7, 2.
Action of Board of Trustees
The Board of Trustees, upon recommendation of the Board
of Zoning Appeals, may grant or deny any variation or may
refer it back to the Board of Zoning Appeals for further
consideration.
C
Article 13.8 -4
Standards
The Board of Zoning Appeals shall not recommend to the
Board of Trustees the modification.of the regulations
of Article 9, Signs, and those provisions.pertaining to
fencing and.screening as authorized in this Article,
unless it shall make findings of fact based upon the
evidence presented with respect to the following matters:
Article 13:8 -5
rnnditinnc
The Board of Zoning Appeals shall recommend to the Board
of Trustees the imposition of such conditions and restrictions
upon the premises benefitted by a modification as may be °
necessary to insure compliance with the standards set forth
in Article 13.8 -4 to reduce or minimize the effect of such
modification upon other properties and to better carry
out the intent of the Ordinance.
Article 13.8 -6, 1
Necessary Vote
The concurring vote of four (4) members of the Board of
Zoning Appeals shall be necessary to recommend a modification.
Article 13.8 -6, 2
Time Limit
No order of the Board of Trustees granting a' modification
shall be valid for a period longer than six (6) months from
the date of such order unless the building permit is obtained
and work pertinent thereto-is initiated within such 'time
period.
Article 13.9 -1
Scope of Appeals
An appeal may be taken to the Board of Zoning Appeals by
any person or any office, department, or board aggrieved
by a decision of the Director of Building and Zoning or
other Village official acting within the authority of this
Ordinance. The Board of Zoning Appeals shall make a
recommendation to the Board of Trustees on such application.
Article 13.9 -6
Decision
The Board of Zoning Appeals may recommend to the Board of
Trustees to reverse or affirm, wholly or partly, or to
modify the order, requirement, decision or determination
of-the Director of Building and Zoning upon the concurring
vote of four (4) members."
SECTION That the Village Clerk is hereby directed to publish this
TWO: Ordinance in pamphlet form.
SECTION That all ordinances or parts of ordinances in conflict herewith
THREE: are, to the extent of such conflict, hereby repealed.
SECTION That this Ordinance shall be in full force and effect from and
FOUR: after its passage, approval and publication, as provided by law.
AYES: Ehlers, Heisler, Marty, Swanson, York
NAYS: Seidman (1)
ABSENT: None (0)
PASSED this 19th day of October
APPROVED this 19th day of October
ATTEST:
VILLAGE CLERK
(5)
A.D., 1981.
A.D., 1981.
VILLAGE PRESIDENT