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O-89-285623S/52 ORDINANCE NO. 0 -89 -28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD Published in pamphlet form this 5th day of June , 1989, by the President and Board of Trustees of Deerfield. 562355061589/42 ORDINANCE NO. 0 -89- 28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE 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 ( "Applicant ") to consider certain text amendments to the Zoning Ordinance of the Village of Deerfield relative to limiting certain non - retail uses in ground floor locations in the C -1 Village Center Zoning District and permitting them only as Special Uses upon certain conditions and in certain circumstances; 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 a text amendment to the Zoning Ordinance of the Village of Deerfield to achieve the objectives sought by the Applicant; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the recommendation of the Plan Commission as modified in the manner hereinafter set forth, 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 5, Section 5.1 -2 of the Zoning Ordinance ONE: of the Village of Deerfield, as amended, be and the same is further amended by deleting said Section in its entirety and substituting in lieu thereof, the following: "5.1 -2 Permitted Uses - All Locations. 1. The following uses are permitted -in all locations in the C -1 Village Center District: a. Antique Shops b. Art Galleries C. Art and School Supply Stores d. Bakeries e. Bath Supply or Accessory Store ORDINANCE NO. 0 -89- 28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD f. Bicycle Stores; sales, rental and repair g. Book and Stationery Stores h. Cabinet Sales establishment (not including cutting, assembling, or manufacturing on premises) i. Camera and Photograph Supply Stores j. Candy and Confectionery Stores k. Carpet, Rug and Floor Covering Stores, but not including carpet and rug cleaning 1. Catalog Sales (mail order with retail showroom) M. China, Glassware and Metalware Stores n. Clock Store o. Closet Furbishing and Accessory Store P. Coin, Stamp, Precious Metal or similar Shop q. Computer Equipment and Supplies Store r. Craft Supply Store S. Delicatessen t. Department Stores. U. Drapery, Curtain, and Window Covering Shop V. Drug Stores and Pharmacies W. Dry Goods Store X. Fabric and Yarn Stores ORDINANCE NO. 0 -89- 28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD Y. Florist Shops and Plant Stores, retail sales only Z. Food Stores, Grocery Stores and Supermarkets aa. Furniture Stores, including upholstery and repair when conducted as part of the retail operation and secondary to the principal use bb. Furriers and Fur Apparel Store CC. Garden Supply Shops (indoor only) dd. Gift Shops ee. Glass and Mirror Shop ff. Hardware Stores, retail sales only gg. Hobby Shops hh. Household Appliance Stores, including repair when conducted as part of the retail operation and secondary to the principal use ii. Ice Cream and Yogurt Stores, but not including those operations which sell a wide variety of other non -ice cream or yogurt menu items jj. Interior Decorating (with retail inventory on display) kk. Jewelry Stores 11. Leather Goods and Luggage Stores mm. Liquor Store nn. Luggage and Suitcase Store oo. Magazine and Newspaper Stores ORDINANCE NO. 0 -89 -28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD pp. Meat and Fish Stores, retail sale only qq. Medical Appliance and Supply Store rr. Musical Instruments, sales and repair ss. Newspaper and Magazine Store tt. Office Supply Stores uu. Optician Sales, retail sales only vv. Paint, Glass and Wall Covering Stores WW. Pet Shops xx. Photographic Studio yy. Phonograph Record, Tape and Sheet Music Stores zz. Picture Framing, including self- service, when conducted aaa. Pool and Patio Store (indoor only) bbb. Radio and Television Sales ccc. Shoe Stores ddd. Sporting Goods and Sportswear Stores eee. Tobacco Shops fff. Toy stores ggg. Variety stores hhh. Video Tape and Disk (sales only, no rental permitted) iii. Wearing Apparel Stores" ORDINANCE NO. 0 -89 -28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD SECTION That Article 5, Section 5.1 -3 of the Zoning Ordinance TWO: of the Village of Deerfield, as amended, be and the same is further amended by deleting said Section in its entirety and substituting in lieu thereof the following: "5.1 -3 Special Uses - Class A 1. Due to their nature, certain uses are not only compatible with the Permitted Uses listed in Section 5.1 -2, but also encourage, enhance, and facilitate the establishment and ongoing vitality of the Permitted Uses. These uses are allowed in the C -1, Village Center as Permitted Uses if located above the ground floor level. The following uses may only be located on the ground floor level in the C -1 Village Center District if a Class A Special Use Permit is issued for the use subject to the provisions of Article 13.11 and if in addition to meeting the standards set forth in Article 13.11 -4, the applicant for a Class A Special Use 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. Accounting, Auditing and Bookkeeping Offices b. Artists' Studios C. Barber Shops d. Beauty Shops e. Blueprinting and Photocopying establishments f. Business and professional offices g. Business Machine Repair and Service Q ORDINANCE NO. 0 -89- 28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD h. Dry cleaning and laundry establishments, including self- service; coin- operated equipment; provided that the floor area devoted to any one such establishment (including floor area devoted to accessory uses as well as the principal use) shall not exceed 2,000 square feet i. Food catering.establishments j. Insurance Agencies k. Interior Decorating Shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as part of retail operations and secondary to the principal use 1. Medical and /or Dental Facilities M. Medical and /or Dental Laboratories n. Photographic Studios o. Radio and Television Service and Repair Shops P. Real Estate Offices q. Secretarial Services r. Security and Commodity Brokers S. Shoe, Clothing and Hat Repair Shops t. Tailor and.Dressmaking Shops,.employing not. more than five persons U. Travel Agencies and Transporation Ticket Offices V. Video Tape Rental Stores ORDINANCE NO. 0 -89 -28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD 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 -4, 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 (3) Restaurants, Sit -Down or Carry -Out. See definition in Article 14. 4 ORDINANCE NO. 0 -89- 28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD (4) Motorcycle and accessories sales and service stores, when conducted entirely within the store itself. b. Service Uses (1) Automobile Service Stations (2) Banks, Savings and Loan Associations and other Financial Institutions, with or without drive -in facilities C. Residential Uses (1) Dwelling Units, provided that where dwelling units are located in a principal building containing business uses, they shall be above the ground floor (2) Senior Citizen Housing. d. Recreation and Social Facilities (1) Clubs and Lodges - private and not - for - profit (2) Theaters, indoor only, including live entertainment (3) A self- improvement facility including physical exercise and sport training schools not including those uses specifically provided for in Article 5.2 -3 e. Public Service and Utility Uses (1) Bus passenger shelters (2) Essential services - provided that they are properly screened as set forth in Article 2, General Provisions. ORDINANCE NO. 0 -89- 28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD 0 (3) Railroad rights -of -way (4) Parking Lots and Structures, when not located on the same lot as the principal use to which it is accessory (5) Parking Lots and Structures, other than accessory for the storage of private passenger automobiles only (6) Public Utility Offices f. Educational Institutions (1) Business or Professional Schools, but not trade or vocational schools (2) Music and Dance Schools g. Public and Governmental Land and Buildings (1) Historical Buildings and Landmarks preserved for public inspection and operated not- for - profit (2) Museums, operated not - for - profit (3) Post Offices (4) Public Libraries (5) Governmental buildings and uses, including public parking facilities (6) Public Parks, Plazas and Arcades h. Religious Institutions (1) Places of Worship (2) Residences for Religious Personnel i. Planned Unit Developments j. Multiple -Use Developments ORDINANCE NO. 0 -89 -28 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD Developments containing two or more Permitted or Special Uses on the same zoning lot in a single structure which existed prior to the adoption of this Ordinance. Such developments shall comply with all applicable provisions of this Ordinance except those provisions pertaining to district bulk requirements k. Multiple -Use Developments - Enlargement of Existing Structures Developments containing two or more Permitted or Special Uses on the same zoning lot in a single structure which existed prior to the adoption of this Ordinance and which may be subsequently expanded provided that all applicable provisions of the Ordinance are met." SECTION That the Village Clerk is hereby directed to publish THREE: this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and effect FOUR: from and after its passage, approval and publication, as provided by law. AYES: Marovitz, Marty, Rosenthal, Seidman, Swanson, York (6) NAYS: None (0) ABSENT: None (0) PASSED this 5th day APPROVED this 5th ATTEST: VI&AGE_ -CLERK of day of June June A.D. 1989. A.D., 1989. VILLAGE PRESIDENT