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O-02-44VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-44 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO MAKE FOOD STORES, GROCERY STORES, SUPERMARKETS, AND RETAIL STORES WITH MORE THAN 10,000 SQUARE FEET OF GROSS FLOOR AREA SPECIAL USES IN THE C -1 (VILLAGE CENTER) AND C -2 (OUTLYING COMMERCIAL) ZONING DISTRICTS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of November , 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 5th day of November , 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-44 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO MAKE FOOD STORES, GROCERY STORES, SUPERMARKETS, AND RETAIL STORES WITH. MORE THAN 10,000 SQUARE FEET OF GROSS FLOOR AREA SPECIAL USES IN THE C -1 (VILLAGE CENTER) AND C -2 (OUTLYING COMMERCIAL) ZONING DISTRICTS WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing at the request of the corporate authorities of the Village of Deerfield to consider a text amendment to the Zoning Ordinance of the Village of Deerfield to make food stores, grocery stores and supermarkets, and retail stores with 10,000 square feet or more of gross floor area, a special use in the C -1 Village Center District and in the C -2 Outlying Commercial District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing pursuant to public notice on September 12, 2002 to consider the proposed amendments, said hearing and notice conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the provisions of the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, the Plan Commission, after considering the evidence adduced at said hearing, submitted its written findings of fact and report to the Board of Trustees of the Village of I Deerfield recommending a text amendment to the Zoning Ordinance of the Village of Deerfield; 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 5.01 -13 (Permitted Uses —All Locations) of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended by deleting paragraph 5.01- B,l,z, "Food Stores, Grocery Stores and Supermarkets," from the fist of permitted uses in the C -1 Village Center District.. SECTION 2: That Section 5.01 -C,2 (Special Uses —Class B) be and the same is hereby amended as follows to add paragraphs 5.01- C,2,a(9) and 5.01- C,2,a(10) thereto, making Food Stores, Grocery Stores, and Supermarkets, and Retail Stores with a gross floor area of 10,000 square feet or more, Class B Special Uses: a. Retail Business Uses (9) Food Stores, Grocery Stores and Supermarkets. (10) Retail Stores with a gross floor area of 10,000 square feet or more. SECTION 3: That Section 5.02 -13 (Permitted Uses —All Locations) of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended by deleting paragraph 5.02- B,l,q. "Food Stores, Grocery Stores and Supermarkets," from the fist of permitted uses in the C -2 Outlying Commercial District. SECTION 4: That Section 5.02 -C,1 (Special Uses) be and the same is hereby amended as follows to add paragraphs 5.02 -C, l xj and 5.02 -C, l ,k thereto, making Food Stores, Grocery Stores, and Supermarkets, and Retail Stores with a gross floor area of 10,000 square feet or more, Special Uses in the C -2 Outlying Commercial District: 2 1. Retail Business Uses j. Food Stores, Grocery Stores and Supermarkets. k. Retail Stores with a gross floor area of 10,000 square feet or more. SECTION 5: 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 6: 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 4th day of November , 2002. AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 4th ATTEST: Village Clerk