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O-06-08VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -08 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO PERMIT ACCESSORY GOLF BALL NETTING STRUCTURES WITH A BUILDING HEIGHT NOT TO EXCEED 58 FEET PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20fh day of March , 2006. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of March , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -08 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO PERMIT ACCESSORY GOLF BALL NETTING STRUCTURES WITH A BUILDING HEIGHT NOT TO EXCEED 58 FEET WHEREAS, Briarwood Country Club,. the owner of certain property commonly known as the Briarwood Country Club, 355 Deerfield Road, has petitioned the Plan Commission of the Village of Deerfield for a text amendment to Article 2.01 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield to permit golf ball netting structures with a height not to exceed 58 feet as a structure accessory to a golf course driving range; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on January 12 and January 26, 2006 to consider said text amendment, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials presented at said hearing, submitted its written report and findings of fact to the Board of Trustees of the Village of Deerfield recommending a text amendment to the Zoning Ordinance of the Village of Deerfield to permit golf ball netting structures with a maximum height of 58 feet accessory to golf ball driving ranges; 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 Paragraph 1 entitled "Building Appurtenance and Accessory Structures," of Section 2.01 -D entitled "Building Height" of Article 2 entitled "General Provisions" of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Subparagraph d thereof: d. Group D. Golf ball netting structures located on golf course property consisting of poles with a height not to exceed 58 feet and including netting suspended between poles designed to stop driving range golf balls from entering adjacent property. 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. -2- 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 20th day of March , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0 ) ABSENT: Struthers (1) ABSTAIN: None (0) -3- STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD 5983755 I lilllll IIIII flllll II Ililll ill fl ilfil flil fill FILED FOR RECORD BY: ) SS MARY ELLEN VANDERVENTER LAKE COUNTY s IL RECORDER 05/08/2006 - 07:47 :29 A.M. RECEIPT :: 284154 DRAUER 4: 39 The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0 -06 -08 Amending the Zoning Ordinance of the Village of Deerfield to Permit Accessory Golf Ball Netting Structures With a Building Height Not to Exceed 58 Feet Dated this April 12, 2006 SEAL IFER DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -08 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO PERMIT ACCESSORY GOLF BALL NETTING STRUCTURES WITH A BUILDING HEIGHT NOT TO EXCEED 58 FEET Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of March , 2006. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of March , 2006. Ell i VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -08 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO PERMIT ACCESSORY GOLF BALL NETTING STRUCTURES WITH A BUILDING HEIGHT NOT TO EXCEED 58 FEET WHEREAS, Briarwood Country Club, the owner of certain property commonly known as the Briarwood Country Club, 355 Deerfield Road, has petitioned the Plan Commission of the Village of Deerfield for a text amendment to Article 2.01 -D, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield to permit golf ball netting structures with a height not to exceed 58 feet as a structure accessory to a golf course driving range; and, WHEREAS, the Plan Cominission of the Village of Deerfield held a public hearing on January 12 and January 26, 2006 to consider said text amendment, said hearing being held pursuant to public notice and conforming in all respects, in both mamier and fonn, with the -requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; and, WHEREAS; the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials presented at said hearing, submitted its written report and findings of fact to the Board of Trustees of the Village of Deerfield recommending a text amendment to the Zoning Ordinance of the Village of Deerfield to permit golf ball netting structures with a maximum height of 58 feet accessory to golf ball driving ranges; and, 3 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 Paragraph 1 entitled "Building Appurtenance and Accessory Structures," of Section. 2.01 -D entitled "Building Height" of Article 2 entitled "General Provisions" of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Subparagraph d thereof: d. Group D. Golf ball netting structures located on golf course property consisting of poles with a height not to exceed 58 feet and including netting suspended between poles designed to stop driving range golf balls from entering adjacent property. SECTION 2: That this Ordinance, and each of its terms, shall.be the effective legislative act of a home rule M* unicipality without regard to whether_ such' Ordinance should: (a) contain terins 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. -2- t. 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 20th day of March , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) ABSENT: Struthers (1) ABSTAIN: None (0) 1 5