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O-24-04VILLAGE OF DEERFIELD ORDINANCE NO. 2024- 0-24-04 AN ORDINANCE AMENDING ARTICLES 6 AND 14 OF "THE DEERFIELD ZONING ORDINANCE 1978," AS AMENDED, REGARDING PERMITED USES, SPECIAL USES, AND REGULATIONS IN THE I-2 LIMITED INDUSTRIAL DISTRICT 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 6 of "The Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'), establishes, among other things, regulations for the Village's I-2 Limited Industrial District ("I--2 District'); and WHEREAS, to allow for development in the I-2 District in a manner that is compatible with the Village's Comprehensive Plan and minimizes determinantal effects on nearby properties, the Village desires to amend the Articles 6 and 14 of the Zoning Ordinance ("Proposed Amendments'); and WHEREAS, a public hearing by the Plan Commission to consider the Proposed Amendments to the Zoning Ordinance was duly advertised on December 21, 2023, in the Deerfield Review, and was held on January 11, 2024; and WHEREAS, on January 11, 2024, 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 Village Board has determined that it will serve and be in the best interest of the Village and its residents to amend the Village Code pursuant to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the Village Board. 4895-1254-2602, v. 2 SECTION TWO: AMENDMENT TO SECTION 6.02-B OF THE ZONING ORDINANCE. Section 6.02-B, titled "Permitted Uses," of Article 6, titled "Industrial Districts," of the Zoning Ordinance is hereby amended to read as follows: "6.02-B Permitted Uses The following uses are permitted in the I-2 Industrial District, RjLovldedha> the buildings or structures constructed for the proposed use are not more than 25,000 square feet or the portion of a pre-existing building used for the proposed use is not more than 25,000 square feet: 1. Production, processing, assembly, and/or fabricating of previously processed goods, materials or products,, but not including food products or on -site retail sales. Any use requiring the utilization of drop forges or similar equipment is prohibited. 2. Cleaning, repairing, restoring, servicing, assembly and/or testing of machinery, artwork and other similar items,, but not including on - site retail sales. 3. Printing and Publishing Facilities. 4. Warehouse and Distribution facilities. 5. Administrative and business offices when associated with and accessory to another permitted use. 6. Mail order and telephone sales offices when associated with any accessory to another permitted use, but not including sales to customers on the premises except as otherwise provided in this Ordinance. 7. Research and development, laboratory facilities including those facilities which utilize samples collected off -site but excluding any facility which utilizes live animals of any type and on -site retail sales. Any and all equipment shall be stored and utilized completely within enclosed structures except as otherwise provided in the ordinance. 8. Contractors' Offices and Shops including those which provide services such as, but not limited to, pest control, carpet cleaning, lawn care, and swimming pool maintenance, but not including on -site retail sales. All equipment and materials used in the business must be stored within enclosed structures." SECTION THREE: AMENDMENT TO SECTION 6.02-C OF THE ZONING ORDINANCE. Section 6.02-C, titled "Special Uses," of Article 6, titled "Industrial Districts," of the Zoning Ordinance is hereby amended to read as follows: "6.02-C Special Uses 2 4895-1254-2602, v. 2 The following uses are permitted in the I-2 Limited Industrial District when authorized in accordance with the procedures for Special Uses as set forth in Article 13, Administration and Enforcement: On -Site Retail Sales Area (not ineluding - e-house sales), accessory to a permitted or Special Use not to exceed 10% of the total area of the principal use. 2. Consumer Service Establishments, accessory to a permitted or Special Use, provided that such service uses shall not occupy more than five (5) percent of the total floor area of the principal use. 3. Contractors' Offices and Shops which include outside storage of materials and equipment when located not less than five hundred (500) feet from a residential district 4. Outdoor Recreational and Social Facilities solely for the convenience of the tenants and/or employees of any business(s) operating within the building or development. 5. Industrial Planned Unit Developments, as regulated in Article 12, Planned Unit Developments. 6. Multiple -Use Developments 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. 7. Multiple -Use Developments - Enlarizement of Existin 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 this Ordinance are met. 8. Indoor Storage Facility for boats, campers, vehicles, and other similar items. 9. Food Processing Facilities 10. Public and Governmental Uses a. Public Elevated Water Tanks b. Public Buildings and Uses C. Public Parks and Playgrounds 4895-1254-2602, v. 2 11. Public Utility and Service Uses a. Bus Passenger Shelters b. Essential Services, provided that they are properly screened as set forth in Article 2, General Provisions C. Railroad Rights -of -way 12. Flexible -Use Office/Industrial Facilities Flexible use office/industrial facilities; provided, however, that the following conditions are met: a. Said flexible use facilities are located within an I-2 Industrial Planned Unit Development. b. Use of said flexible use structure or structures is limited to any combination of the following uses: Office uses (which are not accessory to any other permitted or Special Use), any use described in Article 6.02-B, Article 6.02- E,10 and 6.02-C,2 of this Zoning Ordinance. - Not more than 60% of the total area of said flexible use structure or structures may be devoted to office uses (which are not accessory to any other permitted or Special Use); provided, however, that said maximum percentage shall not include office uses which are accessory to permitted or Special Uses as described in Section 6.02-B,5 hereof. The Village Board may reduce said maximum percentage where it deems appropriate. d. The number of parking spaces to be provided in connection with said flexible use structure or structures shall be calculated in accordance with the provisions of Article 8 of this Ordinance. 13. Self -Service Storage Facilities Self-service storage facilities, when said facilities are located within an I-2 Industrial Planned Unit Development. Parking shall be provided in accordance with Article 8 of this Ordinance. 14. Automatic Teller Machines Automatic Teller Machine drive-thru facilities, provided such use is developed as a part of an Industrial Planned Unit Development of a minimum of 40 acres and further provided that a stacking lane to accommodate not less than six vehicles is provided. 15. Child Care Facilities Child day care facilities when located within a building and operated primarily for the convenience of the employees of that building or of other buildings within the I-2 development in which the day care facility is located. Appropriate outdoor play areas may be 4 4895-1254-2602, v. 2 included as part of the facility. Adequate parking and a safe drop-off area must be provided. 16. Em�i-avin­ Facilities 17. Data Processing/Telecommunication facilities within totally enclosed buildings including sending and receiving devices located outside of the building either on the roof or at ground level provided, however, such devices are fully screened. Except as otherwise provided, a minimum of 40% of the floor area of the facility shall be devoted to the equipment, machinery or devices used in the operation of the facility. The Board of Trustees upon recommendation of the Plan Commission may increase or decrease this minimum floor area if it can be shown that such an increase or decrease would not adversely impact the health, safety and general welfare of the Village nor would it create a nuisance. 18. Personal Fitness Trainin Comer Personal Fitness Training Center which shall provide not less than one parking space for each employee on duty plus one parking space for each 600 square feet of gross floor area. 19. Self -Improvement Facilities Self-improvement facilities, including dance, physical education and sports training schools. 20. Medical Cannabis Dispensary A medical cannabis dispensary, operated by a registered dispensing organization as a distribution facility as provided in the Compassionate Use of Medical Cannabis Pilot Program Act, provided that: (i) no such facility may be located within five hundred feet of the property line of any public park; (ii) such facility shall be established and operated in strict accordance with the regulations for medical cannabis dispensaries set forth in Article 2 of this Ordinance; and (iii) not more one (1) special use permit shall be issued or outstanding at any time for a medical cannabis dispensary within the Village of Deerfield. 21. Recreational Cannabis Dispensary A recreational cannabis dispensary, operated by a registered dispensing organization as a distribution facility under the "Cannabis Regulation and Tax Act. 22. Massage Services with Aesthetician Services Massage services with aesthetician services when such uses are located on a property adjacent to Interstate 94 (also known as the Edens Spur). 23. Overniaht Businesses —Businesses that haye operations between 11:00 p.m. an other than custod' maintenance or office operations. 24. Data Center 4895-1254-2602, v. 2 25. Life Science Facility 26. Any use that would otherwise be permitted in the I-2 Lkm--ited Industrial District r nt to Section 6,02,--B exceplfor the fac that the buildings or structures constructed for the nrouo-e__ use are more than 25,000 square feet o-r the portion of a re - existing building used for the proposed use is more than 25.000 square feet." SECTION FOUR: AMENDMENT TO SECTION 6.02-G OF THE ZONING ORDINANCE. Section 6.02-G, titled "District Standards," of Article 6, titled "Industrial Districts," of the Zoning Ordinance is hereby amended to read as follows: "6.02-G District Standards Purpose The predominant land use in the Village of Deerfield is residential with the majority of the dwelling units being detached single family units. People select Deerfield as their home community because of the suburban atmosphere which is free from objectionable noise, smoke, odors, vibrations and other irritants. The standards contained in this ordinance are designed to minimize operations which would disrupt the existing suburban atmosphere. 2. Applicability All of the buildings and uses established in the I-2 Limited Industrial District are subject to the general standards and regulations of this ordinance. Properties in the I-2 Limited Industrial District are subject to the following: 3. Performance Standards It is the intent oft la 'o s to li use of land and buildings_in th I-2 Limited Industrial district to those uses which will minimize d o o s in' noxious or otherwise ionabl conditions Thy uses must_ not create fire, explosive. radioactive or 0he kinds of hazardous conditions. The uses must minimize the production of noise, vibrations, smoke, dust. odors or other forms of _air pollutinn.Electre heat or a= other conditions substances or elements that are in a manner or amount that adversely affects the community are prohibited. Specifically, all uses must operate in conformance with the following: a. Noise Minimal perceptible noise from operations (other than that emanating from vehicular traffic, constructipn. snow removal or government vehicles), either continuous or intermittent 6 4895-1254-2602, v. 2 shall be detectable at the limits of the Zoning Lot on which the use is located. b. Glare or Heat Minimal glare or heat shall be detec ij2le at the limits of the Zoning Lot on which the se is located. C. Vibrations Minimal unreasonable vibrationsshall be detectible limits of the Zoning Lot on which the use is located. d. Toxic Matter, Odors, Particulate Matter Minimal toxic matter, noxious matter, smoke or gas, a—nd-= odorous particulate matter other than that emanating from vehicular traffic, construction, snow removal, or emergency hicles hall be detectibleh limits f the Zonin Lot on which the use is located. e. Fire and Explosive Hazards Materials t at prey nt potential fire and explosive hazards may Q.nlt red and used only in confQrmancewith all applicable Village ordinances. f. Radiation Hazards Materials that present potential radiation hazards shall be Stored and used only in conform, nee with the most restrictive of the applicable municipal, state, and federal regulations. Electromaenetic Interference Electroma netic interference must conform to the regulations of the Federal Communications Commission. 3, Permits 4895-1254-2602, v. 2 117 the eation—of any storage —areas, waste disposal—Eki-eas, t, + a e v i e e s, a f a A-+i, e. ,. rAe iI;+for- the ,,etiy t'y ✓ _ PWIMMUM. MET ■ ■ 4. Special Policies a-. En-Arenment-a4 • rd P. _.0 ea. Outside Storage and Warehousing Except as specifically otherwise provided in this ordinance, all outside storage of goods and/or machinery whether in containers or not is prohibited. All containers used in the operation of any distribution facility shall at all times be stored totally within a building. db. Operation Within Enclosed Structure All servicing, testing, repairing, cleaning and display of goods, products, machinery or anything used in the conduct of the business allowed on the property shall take place completely within enclosed structures except as otherwise provided. ec. Truck and Equipment Parking Trucks and equipment loaded on vehicles used in the operation of the business allowed by virtue of the provisions of this ordinance may only 4895-1254-2602, v. 2 be parked outside of an enclosed structure if the parking area is located not less than 150 feet from a residential district. In no event shall any truck or other vehicle stand or be parked within 150 feet of a residential area with its engine, compressor, or any other motor running except for that period of time necessary to load or unload the truck or vehicle. d. Traffic Plan For auv warehouse and distribution facility over 50.000 square feet, and containing five or more loading docks or containing any cross loading, a traffic plan must be submitted at the time of application fora special use, which traffic plan must provide proposed truck routes for ingress and egress from the facility that minimize the traffic impacts as much as possible The Village Director of Community Development may reyie3y the approved traffiI n on an annual basis and may mo if traffic nlan so that it continues to minimize the traffic impacts aused by the facilit €e. Contractor's Outside Storage All outside storage of materials used in the conduct of business may only be stored outside of any principal or accessory structures if the storage area is screened on all sides by solid fencing or densely planted evergreens of a height not less than seven (7) feet. gf. Chemical Products Any processing, compounding and/or blending of chemical products including any poisons or insecticides is prohibited except as may be incidental and accessory to the principal use. W. ig. Engineering Review - Effluents Prior to the establishment of any use which would introduce non - domestic waste into the Village's sanitary sewer system, the operator or owner must submit a report to the Village Engineer specifying the type and characteristics of the industrial waste proposed and the impacts said waste will have on the Village's sewage treatment facility. If, in the Village Engineer's opinion, the industrial waste proposed cannot be adequately and safely handled by Deerfield's sewage treatment facility or is in some manner detrimental to the operation of the facility, the use proposed will be prohibited. Any and all uses 9 4895-1254-2602, v. 2 introducing industrial waste into the Deerfield sewage system may only do so if approved by the Village Engineer. j. LanElseaping (3) Undeveloped areas shall be a „+;..0 ll..mowed and kept &ee of del-h-r-i-s developed. Ih. Underground Utility Systems, Transformers and Metering Equipment All on -site utility lines including 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, etc., shall be located underground or within buildings or shall be effectively screened from view from streets and adjacent properties, as required in Article 2, General Provisions. fi. Lighting All exterior lighting, parking lot lights, exterior building lights and landscape lighting shall be directed away from adjoining highways, streets and properties. -Ri. Parking and Loading Requirements Off-street parking and loading spaces shall be provided in accordance with Article 8, Off -Street Parking and Loading. ek. Signs 10 4895-1254-2602, v. 2 Signs shall conform to the applicable requirements set forth in Article 9, Signs." SECTION FIVE: AMENDMENT TO SECTION 14.02 OF THE ZONING ORDINANCE. Section 14.02, titled "Definitions," of Article 14, titled "Rules and Definitions," of the Zoning Ordinance is hereby amended to add the following definition in alphabetical order: "14.02 DEFINITIONS Warehouse and Distribution Facilities: An env o facility utilizing arzo vans, trucks, or tractor trailers which is primari y used for the oraa'e of inventory of goods and parts. Warehouse and Distribution Facilities do not include (i) facilities used for the parking or storage f movinx trucks or vans; -(Kil_motor freight terminals (iii) logistic centers; (iv) fulfillment centers; (v) facilities used for the bulk storage of explosives, fay, oils. Bras or other fuel,, wood and other building materials, or any goods or products, or materials which have not been previously processed: or (vi) facilities that store fats, oils, gas or other fuel or wood and other building materials unless such storage is incidental and accessory to the principal use of the property and complies with all of the most recent Village adopted codes. SECTION SIX: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION SEVEN: EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] 11 4895-1254-2602, v. 2 AYES: Benton, Berg, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: Metts-Childers, Seiden PASSED: February 20, 2024 APPROVED: February 20, 2024 ORDINANCE NO. 0-24-04 Daniel C. Shapiro, Mayor ATTE T Kent S. Str et, Village Cler 12 4895-1254-2602, v. 2