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O-06-25VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -25 AN ORDINANCE AMENDING CHAPTER 6 (BUILDING) OF THE DEERFIELD MUNICIPAL CODE TO ENACT CERTAIN RESIDENTIAL LOT DEVELOPMENT REGULATIONS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 15th day of May , 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 15th day of MaY 92006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -25 AN ORDINANCE AMENDING CHAPTER 6 (BUILDING) OF THE DEERFIELD MUNICIPAL CODE TO ENACT CERTAIN RESIDENTIAL LOT DEVELOPMENT REGULATIONS WHEREAS, the Deerfield Residential Redevelopment Review Task Force (the "Task Force ") has submitted a report to the President and Board of Trustees of the Village of Deerfield on the results of its study of current issues and concerns relating to the intensity of residential land development and redevelopment in the Village of Deerfield; and, WHEREAS,- the Task Force has, among other things, determined that there is a need for regulations restricting the amount of impervious surface improvements that should be permitted on residential lots in order to conserve green space, to limit the flooding and drainage concerns that may arise from excess development of pervious ground area, and to protect the character and streetscape of residential neighborhoods in the Village; and, WHEREAS, the Task Force has further recommended. that the permissible width of driveways on residential lots be regulated to control the amount of lot surface that may be improved as driveway surfaces and to ensure that the size and character of driveways constructed on residential lots is consistent with the character of residential neighborhoods in the Village; and, WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enact regulations as provided herein, regulating the amount of impervious surface and the width of residential driveways in the residential zoning districts 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, in the exercise of its home rule powers, as follows: SECTION 1: That Chapter 6, entitled 'Building" of the Municipal Code of the Village of Deerfield, be and the same is hereby amended to add the following as Article 13 thereof entitled Residential Lot Development Regulations: Article 13: Residential Lot Development Regulations: Sec. 6-80. Definitions: For purposes of this Article, the following words and phrases shall have the following meanings: (a) Drivelane: That part of a driveway intended and used for direct motor vehicle access to a garage, or to a parking pad contiguous to the drivelane (b) Driveway: Driveway shall mean all improved area located on a lot that is built and intended for motor vehicle access from the street to a garage or for off - street parking or motor vehicle maneuvering, and shall include the drivelane and any parking pad. (c) Front yard: Front yard shall mean the greater of (i) the area on a lot defined as the front yard under the Zoning Ordinance, or (ii) the area on a lot lying between the front lot line and a line drawn parallel to the front lot line at a distance equal to the distance between the front lot line and that part of the principal structure closest to the front lot line. (d) Garage: An enclosed detached or attached accessory structure intended for storing motor vehicles. (e) Impervious Surface Improvements: A driveway, sidewalk, patio or other surface improvement that is constructed with materials rendering_ the surface practically impervious to penetration by surface waters. -2- (f) -' Lot: Any lot, block, tractor parcel of land within a residential zoning district in the Village of Deerfield upon which a detached single- family dwelling, an attached single - family dwelling, or a two - family dwelling has been or may lawfully be constructed and occupied. (g) Nonconforming Lot: Any lot, block, tract or parcel of land less than 9,000 square feet in area within a residential zoning district in the Village of Deerfield upon which a detached single - family dwelling or an attached single- family dwelling has been or may lawfully be constructed and occupied. (h) Parking Pad :. All improved areas used for parking, maneuvering or storage of motor vehicles, but not including any area within the interior of a garage. Parking pad shall also include that part of the drivelane in front of aside loading garage. (i) Side Loading Garage shall mean a garage with an entrance at an oblique angle to the street that requires a turning movement of more than 45 degrees between the lot line and the garage entrance. (j) Street means the public or private street adjacent to a lot on which a driveway approach is provided from motor vehicle access to the lot. Sec. 6 -81. Driveway Width: (a) A driveway located on a lot shall not be wider than thirty-two feet (32') at any point. (b) A parking pad on a lot shall not be wider than thirty -two feet (32') at any point. Sec. 6 -82. Front Yard Impervious Surface Improvements: (a) Not more than forty percent (40 %) of the front yard of any lot may be covered with impervious surface improvements. (b) Not more than forty-five percent (45 %) of the front yard of any nonconforming lot may be covered with impervious surface improvements. 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 -3- 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 : 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 15th day of May. , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) -4- i