O-94-04JKS94ORDS.VODA3013194 /19
ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
Published in pamphlet form this
7th day of February , 1994,
by the President and Board of Trustees of
Deerfield.
JKS94ORDS.VODA3020394 /8
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 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 (the
"Applicant ") to consider certain text amendments to the Zoning
Ordinance of the Village of Deerfield relating to clarifying the
legal status of certain residentially -zoned properties within the
Village; 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 certain text amendments 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 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 2 of the Zoning Ordinance of the
ONE: Village of Deerfield, as amended, be and the
same, is further amended by adding thereto the
following Sections 2.00 -I and 2.00 -J, as follows:
112.00 -I Single Family Residences Constructed on
Illegally Created Parcels.
If prior to the adoption of this amendatory Ordinance a
single - family residence had been constructed pursuant
to a building permit and thereafter the portion of the
lot on which the single family residence was
constructed was separated from the original lot in
contravention of Village Ordinances, the single family
residence shall be considered to be legally constructed
and shall be subject to the provisions regulating
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF,
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
expansion and restoration just as properties qualifying
as a lot of record. A single family residence may
receive such treatment only if:
1. The single family residence was constructed
pursuant to a building permit issued on the
basis of including the entire lot to satisfy
the minimum bulk requirements of the
governing zoning district;
2. Subsequent to issuance of the building
permit, the portion of the lot on which the
single family residence was constructed was
separated from the entire lot in
contravention of the Village ordinances;
3. Both the single family residence parcel and
the remaining portion of the lot are under
separate and distinct ownership.
In no event shall a building permit be issued for the
undeveloped portion of the lot which resulted from the
separation of the single family residence parcel from
the entire lot. If the single family residence parcel
does not meet the zoning district bulk requirements
and /or the single family residence encroaches into any
required setback, any expansion, redevelopment or
restoration of the single family residence shall
conform to the provisions of Article 10 hereof.
2.00 -J Erroneously Issued Permits
In the event a single family residence has been
constructed and:
1. The building permit applicant believed the
property qualified as a buildable lot; and
2. The Village issued a building permit; and
3. Subsequent to the completion of the single
family residence and the issuance of an
occupancy permit it was determined that the
property did not qualify as a buildable lot
and was not entitled to building permit
said single family residence shall nonetheless be
deemed to be legally constructed. All zoning district
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
regulations and provisions governing single family
residences shall apply including, but not limited to,
those provisions governing bulk, setbacks, use,
restoration in the event of casualty loss,
redevelopment and expansion."
SECTION That Article 2, Section 2.02 -B of the Zoning
TWO: Ordinance of the Village of Deerfield, as amended,
be and the same, is further amended by deleting
the term "lot of record" in line seven and substituting in lieu
thereof the term "numbered lot in a recorded subdivision."
SECTION That Article 4, Section 4.01 -F,3,f of the Zoning
THREE: Ordinance of the Village of Deerfield, as amended,
be and the same, is further amended by adding
thereto the following subsections (4) and (5):
11(4) A lot which has a lot area of less than 20,000
square feet and a lot width of less than 100 feet
and which qualifies as a lot of record under the
provisions acknowledging parcels which were of
record prior to April 7, 1956, and which were
developed prior to April 17, 1978, and on which a
single family residence existed at the time of the
adoption of this Ordinance shall be subject to the
following:
(a) Lot Area and Lot Width:
No minimum required.
(b) Front Yard:
A front yard not less than the greater of any
recorded setback line, the average setback of
the homes on the block, or thirty -five (35)
feet.
(c) Rear Yard:
A rear yard equal to fifteen percent (15 %) of
lot depth but not less than ten (10) feet nor
more than twenty -five (25) feet.
(d) Interior Side Yard:
(1) If the lot width is less than seventy -
five (75) feet but more than sixty (60)
feet, a total minimum side yard of
fifteen (15) feet shall be required with
a minimum of five (5) feet on each side.
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
(2) If the lot width is sixty (60) feet or
less, a total minimum side yard of
thirteen (13) feet shall be required
with a minimum of five (5) feet on each
side.
(3) If the lot has a lot width of seventy -
five (75) feet or more, a side yard on
either side of the principal building of
not less than ten (10) feet, and a
combined total of side yards of not less
than twenty -five (25) feet.
(e) Corner Side Yard:
The greater of any recorded setback line or
fifteen (15) feet.
(f) Reverse Corner Side Yard:
The greater of any recorded setback or a side
yard along the street side of not less than
fifteen (15) feet, however, accessory
structures shall not encroach into an area
equal in depth to the required front yard of
the lot to the rear:
(g) Lot Coverage:
The total ground area occupied by any
principal building, together with all
accessory buildings, shall not exceed thirty
percent (3011) of the total area of the lot.
(5) Those lots which have a lot area of 20,000 square
feet or more and have a lot width of less than 100
feet, but which qualify as a lot of record under
the provisions acknowledging those parcels which
were of record as of April 7, 1956, and developed
prior to April 17, 1978, and on which a single
family residence existed at the time of the
adoption of this Ordinance shall comply with all
of the requirements of Article 4.01 -F but shall be
subject to the provisions of Article 4.01 -
F, 3 , f , (4) , (d) as to the dimensions of interior
side yards."
SECTION That Article 4, Section 4.02 -F,3,f of.the Zoning
FOUR: Ordinance of the Village of Deerfield, as amended,
be and the same is hereby further amended by
adding thereto the following subsections (6) and (7):
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
"(6) A lot which has a lot area of less than 12,000
square feet and a lot width of less than eighty
(80) feet and which qualifies as a lot of record
under the provisions acknowledging parcels which
were of record prior to April 7, 1956, and which
were developed prior to April 17, 1978 and on
which a single family residence existed at the
time of the adoption of this Ordinance shall be
subject to the following:
(a) Lot Area and Lot Width:
No minimum required.
(b) Front Yard:
A front yard of not less than the greater of
any recorded setback line, the average
setback of the homes on the block, or thirty -
five (35) feet.
(c) Rear Yard:
A rear yard equal to fifteen percent (15 %) of
lot depth but not less than ten (10) feet nor
more than twenty -five ( 2 5 ) feet.
(d) Interior Side Yard:
(1) If the lot width is less than seventy -
five (75) feet but more than sixty (60)
feet, a total minimum side yard of
fifteen (15) feet shall be required with
a minimum of five (5) feet on each side.
(2) Lots of lot widths of sixty (60) feet or
less, a total minimum side yard of
thirteen (13) feet shall be required
with a minimum of five (5) feet on each
side.
(3) A lot having a lot width of less than
eighty (80) feet but seventy -five (75)
feet or more, a side yard on either side
of the principal building of not less
than eight (8) feet and a combined total
of side yards of not less than twenty
(20) feet.
(e) Corner Side Yard:
The greater of any recorded setback line or
fifteen (15) feet.
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
(f) Reverse Corner Side Yard:
The greater of any recorded setback or a side
yard along the street side of not less than
fifteen (15) feet, however, accessory
structures shall not encroach into an area
equal in depth to the required front yard of
the lot to the rear.
(g) Lot Coverage:
The total ground area occupied by any
principal building, together with all
accessory buildings, shall not exceed thirty
percent (30 %) of the total area of the lot.
(7) Those lots which have a lot area of 12,000 square
feet or more and a lot width of less than eighty
(80) feet, but which qualify as a lot of record
under the provisions acknowledging those parcels
which were of record as of April 17, 1978 and on
which a single family residence existed at the
time of the adoption of this Ordinance shall
comply with all of the requirements of Article
4.02 -F but shall be subject to the provisions of
Article 4.02- F,3,f,(6),(d) as to the dimensions of
interior side yards."
SECTION That Article 4, Section 4.03 -F,3,f of the Zoning
FIVE: Ordinance of the Village of Deerfield, as amended,
be and the same is further amended by adding
thereto subsections (4 ) and ( 5) :
"(4) A lot which has a lot area of less than 9,000
square feet and a lot width of less than seventy-
five (75) feet and which qualifies as a lot of
record under the provisions acknowledging parcels
which were of record prior to April 7, 1956, and
which were developed prior to April 17, 1978 and
on which a single family residence existed at the
time of the adoption of this Ordinance shall be
subject to the following:
(a) Lot Area and Lot Width:
No minimum required.
(b) Front Yard:
A front yard of not less than the greater of
any recorded setback line, the average
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
setback of the homes on the block, or twenty -
five (25) feet.
(c) Rear Yard:
A rear yard equal to fifteen percent (15 %) of
lot depth but not less than ten (10) feet nor
more than twenty -five (25) feet.
(d) Interior Side Yard:
(1) If the lot width is less than seventy-
five (75) feet but more than sixty (60)
feet, a total minimum side yard of
fifteen (15) feet shall be required with
a minimum of five (5) feet on each side.
(2) If the lot width is sixty (60) feet or
less, a total minimum side yard of
thirteen (13) feet shall be required
with a minimum of five (5) feet on each
side.
(e) Corner Side Yard:
The greater of, any recorded setback line or
fifteen (15) feet.
(f) Reverse Corner Side Yard:
The greater of any recorded setback or a side
yard along the street side of not less than
fifteen (15) feet, however, accessory
structures shall not encroach into an area
equal in depth to the required front yard of
the lot to the rear.
(g) Lot Coverage:
The total ground area occupied by any
principal building, together with all
accessory buildings, shall not exceed thirty
percent (30 16) of the total area of the lot.
(5) Those lots which have a lot area of 9,000 square
feet or more and a lot width of less than seventy -
five (75) feet, but which qualify as a lot of
record under the provisions acknowledging those
parcels which were of record as of April 17, 1978
and on which a single family residence existed at
the time of the adoption of this Ordinance shall
comply with all of the requirements of Article
4.03 -F but shall be subject to the provisions of
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
Article 4.03- F,3,f,(4),(d) as to the dimensions of
interior side yards."
SECTION That Article 10.01 -A,4 of the Zoning Ordinance
SIX: of the Village of Deerfield, as amended, be and
the same is hereby further amended by adding the
following at the conclusion thereof:
except as otherwise permitted by Article
10.01 -D Exceptions and Article 10.02 Non-
conforming Lots of Record."
SECTION That Article 10.01 -D Exceptions of the Zoning
SEVEN: Ordinance of the Village of Deerfield, as amended,
be and the same is hereby further amended by
deleting subsection 2 and 4 of said Article in their entirety, by
renumbering existing subsection 3 to 2, subsection 5 to 3,
subsection 6 to 4 and by adding subsection 5, as follows:
115. a. No non - conforming structure located in a
residential district shall be structurally
altered or enlarged in such a manner that
would further increase the non - conformity.
However, enlargements or structural
alterations may be permitted providing there
is no increase in the existing encroachments.
b. A non - conforming structure located in a
residential district and occupied by a
Permitted or Special Use may be structurally
altered, enlarged or restored. Alterations,
enlargement or restoration in excess of fifty
percent (50 %) of value at the time of such
action may only be made upon approval of the
Board of Trustees following a hearing by the
Board of Zoning Appeals. Such proposed
alteration, addition, enlargement or
restoration may not adversely affect the
value, use and enjoyment of surrounding
properties. Single family residences shall
be governed by the provisions of Article
10.02 -A,2,b and Article 10.02 -B."
SECTION That Article 10.02 -A,l,b of the Zoning Ordinance
EIGHT: of the Village of Deerfield, as amended, be and
the same is hereby further amended by deleting the
words "lot of record" in the first line thereof and inserting
"numbered lot in a recorded subdivision" in lieu thereof.
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
SECTION That Article 10.02 -A,2 of the Zoning Ordinance of
NINE: Village of Deerfield, as amended, be and the same
is further amended by deleting said subsection in
its entirety and by substituting a new subsection,2 as follows:
112. Zoning Requirements
a. All Districts
(1) All zoning requirements other than those
which make the lot -of- record non-
conforming shall apply.
(2) Undeveloped non - conforming lots of
record in all zoning districts shall
provide and maintain all setbacks as
required for that particular zoning
district. All corner yards must be
maintained according to the setbacks
required for the zoning district.
(3) Variances from any requirements shall be
obtained only through the procedures as
outlined in Article 13 hereof,
Administration and Enforcement.
b. R -1, R -2, and R -3 Single Family Districts -
Casualty Loss.
(1) Any non - conforming single family
residence located on a non - conforming
lot which sustains casualty loss may be
restored to its footprint before the
loss if the single.family residence was
built and the lot divided in accordance
with Village ordinances at the time of
such development and division. In no
event may the structure being restored
be increased to more than one hundred
ten percent (110 %) of the original
square footage.of structure. Variance
from the above one hundred ten percent
(110 %) limitation shall be obtained
following a hearing and determination by
the Board of Zoning Appeals as outlined
in Article 13 hereof, Administration and
Enforcement.
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4,10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
(2) Any non - conforming residence sustaining
a casualty loss which is located on a
non - conforming lot -of- record may be
restored in accordance with current
required setbacks without extraordinary
action."
SECTION That Article 14, Section 14.02 of the Zoning
TEN: Ordinance of the Village of Deerfield, as amended,
be and the same, is further amended by renumbering
the existing definition of Lot of Record as 111" and adding
thereto the following additional definition:
112. A separate tract, the title of which had been
recorded in the Office of the Recorder of Deeds of
Lake County, Illinois prior to April 7, 1956,
which was originally developed prior to April 17,
1978, and which is currently developed with a
single family residence as of the date of the
adoption of this amendment to the zoning
ordinance. If the date of the separation and /or
the development of the tract cannot be established
with certainty from government records, the
Director of Community Development shall make a
final determination as to these matters."
SECTION That the Village Clerk is hereby directed to
ELEVEN: publish this Ordinance in pamphlet form.
AN ORDINANCE NO. 0 -94 -04
AN ORDINANCE AMENDING PORTIONS OF
ARTICLES 2, 4, 10 AND 14 OF THE
ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD
SECTION That this Ordinance shall be in full force and
TWELVE: effect from and after its passage, approval and
publication, as provided by law.
AYES: Ehlers, Rosenthal, Seidman, Swanson (4)
NAYS: None (0)
ABSENT: Heuberger, Swartz (2)
PASSED this 7th day of February. A.D., 1994
APPROVED this 7th day of Fe ruary A.D., 1994
e PRESIDENT
ATTEST:
W,A WC.
RdX
a CLERK _