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O-02-37VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-37 AN ORDINANCE AMENDING ARTICLE 5.02 -C, 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO ALLOW GOVERNMENTAL ROAD TESTING FACILITIES AS A SPECIAL USE IN THE C -2 OUTLYING COMMERCIAL DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of September , 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of September, 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-37 AN ORDINANCE AMENDING ARTICLE 5.02 -C, 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO ALLOW GOVERNMENTAL ROAD TESTING FACILITIES AS A SPECIAL USE IN THE C -2 OUTLYING COMMERCIAL DISTRICT WHEREAS, the Petitioner, the Illinois Secretary of State, has petitioned for a text amendment to Article 5.02 -C, 2 of the Zoning Ordinance of the Village of Deerfield to permit a governmental drivers road testing facility for vehicle inspections and automobile road driving tests as a special use in the C -2 Outlying Commercial District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on July 11, 2002 to consider said text amendment, said hearing being held pursuant to public notice duly given and published as required by statute and conforming in all respects, in both manner and form, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence presented at said hearing, has made written findings of fact and a recommendation that the Zoning Ordinance of the Village of Deerfield be amended to allow governmental drivers road testing facilities as a special use in the C -2 Outlying Commercial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and have determined that it is in the best interests of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That Section 5.02 -C,2 of Article 5, Commercial Districts, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following to the list of service uses permitted as special uses in the C -2 Outlying Commercial District: (i) Governmental Road Testing Facility, for vehicle inspections and drivers road tests, provided that only automobile driving road tests shall be conducted. SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 3rd day of September , 2002. AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0 ) ABSENT: Swanson (1) d ABSTAIN: None (0 ) APPROVED this 3rd day of September , 2002. ATTEST: Village C erk