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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