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O-06-32i IIIIIIIIIIIIII III VIIIIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIIIIIII IIII STATE OF ILLINOIS .Image# 041034090010 Type: ORD Recorded: 02/12/2007 at 02:33:15 PM Receipt #: 2007 - 00006831 COUNTIES OF LAKE AND COOK Total Amt: $35.00 ng Fun Page 1 of 10 )SS IL Rental Housid: $0.00 ,Lake County IL Recorder Mary Ellen vanderventer Recorder VILLAGE OF DEERFIELD ) File 6136116 l 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 -32 Amending the Zoning Ordinance of the Village of Deerfield to Amend Certain Residential Lot Width, Building Height and FAR Regulations Dated this August 10, 2006 . �t,��� o000000uo�b ��`i bil 000 �j0 /0q/ AIFJIE�R.AVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 C�P i VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES; ILLINOIS ORDINANCE NO. 0 -06 -32 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AMEND CERTAIN RESIDENTIAL LOT WIDTH, BUILDING HEIGHT AND FAR REGULATIONS Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Labe and Coop Counties, Illinois; this 17th day of July .5 2006.. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day of July , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -32 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AMEND CERTAIN RESIDENTIAL LOT WIDTH, BUILDING HEIGHT AND FAR REGULATIONS WHEREAS, the Deerfield Residential Redevelopment Task Force has submitted its recommendation to the Plan Commission of the Village of Deerfield that certain residential bulls regulations in the Deerfield Zoning Ordinance be amended to change the method by which minimum lot width is measured and detennined; to require that attic space with a clear height of over 7 feet be counted in deteininina the- maximum floor area ratio (FAR) of a house; to include portions of open porches in the FAR calculation for houses; and to restrict the height of tarrets to the imaximuin building height of 35 feet for a single - family residential structure; and, WHEREAS, the Plan.C'oni nission of the Village of Deerfield held a public hearing on May 25, 2006, pursuant to public notice to consider said 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 Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission has submitted its written report and findings of fact to . the Board of Trustees recommending the residential bulk regulations in the Zoning Ordinance of the Village of Deerfield be amended as follows: (1) to deten-nine the width of a lot by a line measured between opposite side lot lines and drawn at right angles to a centerline drawn equidistant between the side lot lures that shall start at the midpoint of the front property line and end at the midpoint of the rear property line, provided that the lot width shall be measured at a point where the lot meets both the minimum front yard setback and the minimum lot width requirements of the underlying zoning district; (2) to include attic space with a clear height of over 7 feet in the floor area ratio - (FAR) calculation for single- family residential structures ; (3) to include that part of open porches more than 8 feet in depth, but excluding 8% of said includable area of an open porch, from the floor area ratio (FAR) calculation for single- family structures; and, (4) to include turrets as part of single- family structures subject to a 35 feet maximum height limit; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Coinmission 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 the definition of "Lot ff idth" contained in Section 14.02, Definitions, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby amended to read as follows. Additions are indicated by underlining and deletions. are indicated by strikeout: LOT WIDTH: The width of the a lot all the �btriiding scthack line fiorn sift ict linc to. sidu o shall be measured between opposite side lot lines at right angles to a centerline drawn equal distance betxveen the side lot lines starting at the midpoint of the fron.i property line and ending at the midpoint of the rear property dine. The lot width shall be measured at the point where the lot meek . the required lot width for the district in which the lot is located. That point ofineasuremen.t shall. establish the minimum front yard setback. provided that in no case shall the frontward setback be less than the minimum setback required by the underlying - zoning district. See the -2- gjaphic description of "Lot Width Explained" incorporated in Supplement I to the Zoning Ordinance. SECTION 2: That the definition of "Height" contained in Article 14.02, Definitions, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby amended to read as follows. Additions are indicated by underlining and deletions are indicated by strikeout: HEIGHT: The vertical distance, as measured from the pre - development grade for a property, to the highest point of the coping of a mansard roof or a flat roof, to the highest point of a hipped roof, to the highest gable of a pitched root onto the ridge of the gable or hip roof, or to the highest point of a turret or ornamental tower; whichever point is higher. If no pre - development grade is available, the grade to be used as the base point shall be detennined by the Director of Courununity Development and the Village Engineer. Chimneys and stack pipes are excluded in determining the height of a building. The "height" of a fence or the "height" of a structure that is not a building is the vertical distance from grade at the base of the fence or other structure to the highest point of such fence or other structure. SECTION 3: That Subparagraph b, "Group B," of Paragraph 1, `Building Appurtenance and Accessory Structures," of Section 2.01 -D, "Building Height," of Article 4.01, "Control of Bull:," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to read as follows.. Additions are indicated by underling and deletions are indicated by strikeout: b. Group B Bell towers, , spires, scenery lofts and steeple may exceed the maximum building height of the district in which they are located by not inore than twenty -five (25) feet: Amateur and citizen ban antenrias may be erected to a height not to exceed sixty (60) feet as measured from grade, except those made of wood which shall.not be inore than twenty (20) feet high, measured from grade.. -3- SECTION 4: That Paragraph 6, "Maximum Building Size," of Section 4.01 -F, "Bulk Regulations," of Article 4.01, "R -1 Single- Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to read as follows. Additions are indicated by underling and deletions are indicated by strikeout: 6. Maximum Building Size. No building, accessory structure, or addition thereto shall be constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding a gross floor area of 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feet$ --8— eg in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet, -8- h -in height is included in determining the maximum building size. (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces; and tennis courts ` is excluded in determining maximum building size. (e) The floor area of roofed. unenclosed porches more than 8 feet in depth is included in detennin.inQ maximu.i n buildi.ii7 size. provided that.8% of that portion of roofed. tinenclosed porches that exceeds 8 feet in depth shall be excluded from the maximum buildina size calculation. (ef). The floor area of..detached garages; chimneys, bay windows, balconies, under -bay areas and under -eave areas is excluded in determiring maximuni.building size. ( €g) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in detenmining the maximum building size. SECTION 5: That Paragraph 6, "Maximum Building Size," of Section 4.02 -F, "Bulk Regulations," of Article 4.02 -F, "R -2 Single- Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to read as follows. Additions are indicated by underling and deletions are indicated by strikeout: 6. Maximum Building•. Size. No building, accessory structure, or addition thereto, shall be constructed on a lot which will result in the aggregate size of the principal building with. its accessory structures exceeding 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feet —, &=ehes in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet,- 8- hx+&s -in height is included in determining the maximum building size. (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks; terraces a!nd tennis courts and roofed porches (not.enciosed) is excluded in determining maximum building size. (e) The floor area of roofed, unenclosed porches more than b feet in. depth is included in detennin.i.ho maxin.iunl buildin14 size, provided that 8% of that portion of roofed. unenciosed . porches that exceeds S feet in depth shall be excluded from the maximum building size calculation. (efJ The floor area of detached garages, chimneys, bay windows,. balconies. under -bay areas and under -eave areas is excluded in.deterinining maximum building size. ( €g) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in determining the maximum building size. -5- . SECTION 6: That Paragraph 6, "Maximum Building Size," of Section 4.03 -F, "Bulk Regulations," of Article 14.03, "R -3 Single - Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to read as follows. Additions are indicated by underling and deletions are indicated by strikeout: 6. Maximum Building Size. No building, accessory structure or addition thereto, shall be constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feetes in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet—,8-mehes in height is included in detennining the maximum building size. (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces; and tennis courts and roofed porches (not enclosed) is excluded.-in detemmining maximum building size. (e) The floor area of roofed, unenclosed porches more than 8 feet in. depth is included in detenn.in.inv maxi.n ufn building size. provided that 8% of that norti.on of roofed. un.enclosed porches that exceeds 8 feet in depth shall be excluded from the maximum buildina size calculation. (e f) The floor area of detached garages, chimneys, bay - windows, balconies, cinder -.bay areas and under -eave areas is excluded in deteriining maximum building. size. (fg) The floor area'of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in deternuning the maximum building size. SECTION 7: That Paragraph 6, "Maximum Building Size," of Section 4.04 -F, "Bulk Regulations," of Article 14.04, "R-4 Single - Family and Two- Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further - amended to read as follows. Additions are indicated by underling and deletions are indicated by strikeout: 6. Maximum Building Size. No building, accessory structure or addition thereto, shall be constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feet-,Omicftcain height is included in detenninin.g maximum building size. (b) The floor area of house attic space over 7 feet &mclres in height is included. in determining the maximum building size. (c) The potential floor area of second floor- cathIddral ceiling space over 14 feet in height is included in detemniniang maximum building size. (d) The floor- area of outdoor decks, terraces; and tennis courts yis excluded in determining. n. iaxiiiiurn.buildine size. (e) The floor area of roofed. unenclosed porches more than 8. feet in depth is included in determining maxinnim building size. provided that of that portion of roofed, unenclosed tiorches that exceeds S feet in depth shall be excluded from the maximum building size calculation. (Qf) The floor area of detached garages; chinuieys, bay windows, balconies, under -bay areas and under -eave areas is excluded in deterrmining maximum building size. -7- (fg) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in determining the maximum building size. SECTION S: 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 terns 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 9: 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 17th day of July , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN:. None .(0) APPROVED this 17th ATTEST- illage Clerk VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -32 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AMEND CERTAIN RESIDENTIAL LOT WIDTH, BUILDING HEIGHT AND FAR REGULATIONS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day of July . , 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 17thday of July , 2006. 11' 1 1 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -32 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AMEND CERTAIN RESIDENTIAL LOT WIDTH, BUILDING HEIGHT AND FAR REGULATIONS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day of July . , 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 17thday of July , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -32 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AMEND CERTAIN RESIDENTIAL LOT WIDTH, BUILDING HEIGHT AND FAR REGULATIONS WHEREAS, the Deerfield Residential Redevelopment Task Force has submitted its recommendation to the Plan Commission of the Village of Deerfield thatcertain residential bulk regulations in the Deerfield Zoning Ordinance be amended to change the method by which minimum lot width is measured and determined; to require that attic space with a clear height of over 7 feet be counted in determining the maximum floor area ratio (FAR) of a house; to include portions of open porches in the FAR calculation for houses; and to restrict the height of turrets to the maximum building height of 35 feet for a single- family residential structure; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on May . 25, 2006, pursuant to public notice to consider said proposed amendments, said hearing and notice I onforming 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 has submitted its written report and findings of fact to the Board of Trustees recommending the residential bulk regulations in the Zoning Ordinance of the Village of Deerfield be amended as follows: (1) to determine the width of a lot by a line measured between opposite side lot lines and drawn at right angles to a centerline drawn equidistant between the side lot lines that shall start at the midpoint of the front property line and end at the midpoint of the rear property line, provided that the lot width shall be measured at a point where the lot meets both the minimum front yard setback and the minimum lot width requirements of the underlying zoning district; (2) to include attic space with a clear height of over 7 feet in the floor area ratio (FAR) calculation for single- family residential structures ; (3) to include that part of open porches more than 8 feet in depth, but excluding 8% of said includable area of an open porch, from the floor area ratio (FAR) calculation for single - family structures; and, (4) to include turrets as part of single- family structures subject to'a 35 feet maximum height limit; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and have detennined 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 the defmition of "Lot Width" contained in Section 14.02, Definitions, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby amended to read as follows. Additions are indicated by underlining and deletions are indicated by strikeout: LOT WIDTH: The width of the a lot as iiienstied at the bt6iding setback fine fiom side lot linu to side lot ii shall be measured between opposite side lot lines at right angles to a centerline drawn equal distance betweenn the side lot lines starting at the midpoint of the front property line and ending�at the midpoint of the rear property line. The lot width shall be measured at the point where the lot meets therequired lot width for the district in-which the lot is located. That point of measurement shall establish the minimum front yard setback. provided that in no case shall the front yard setback be less than the minimum setback required by the underlyin = zoning district. Seethe -2- graphic description of "Lot Width Explained" incorporated in Supplement 1 to the Zoning Ordinance. SECTION 2: That the definition of "Height" contained in Article 14.02, Definitions, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby amended to read as follows. Additions are indicated by underlining and deletions are indicated by strikeout: HEIGHT: The vertical distance, as measured from the pre - development grade for a property, to the highest point of the coping of a mansard roof or a flat roof, to the highest point of a hipped roof, to the highest gable of a pitched roof, onto the ridge of the gable or hip roof, or to the.hi hg est point of a turret or ornamental tower; whichever point is higher. If no pre - development grade is available, the grade to be used as the base point shall be determined by the Director of Community Development and the Village Engineer. Chimneys and stack pipes are excluded in determining the height of a building. The "height" of a fence or the "height" of a structure that is not a building is the vertical distance from grade at the base of the fence or other structure to the highest point of such fence or other structure. SECTION 3: That Subparagraph b, "Group B," of Paragraph 1, `.`Building Appurtenance and Accessory Structures," of Section 2.01 -D, "Building Height," of Article 4.0 1, "Control of Bulk," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to read as. follows. Additions are indicated by underling and deletions are indicated by strikeout: b. Group B Bell towers, o, namental towers, spires, scenery lofts and steeple may exceed the maximum building height of the district in which they are located by not more than twenty -five (25) feet. Amateur and citizen ban antennas may be erected to a height not to exceed sixty (60) feet as measured from grade, except those made of wood which shall.not be more than twenty (20) feet high, measured from grade. -3- SECTION 4: That Paragraph 6, "Maximum Building Size," of Section 4.01 -F, `Bulk Regulations," of Article 4.0 1, "R -1 Single - Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to read as follows. Additions are indicated by underling and deletions are indicated by strikeout: 6. Maximum Building Size. No building, accessory structure, or addition thereto shall be constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding a gross floor area of 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feet 8-mehes in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet, 8 inches in height is included in determining the maximum building size. (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces, and tennis courts and roofed porches (not enclosed) is excluded in determining maximum building size. (e) The floor area of roofed, unenclosed porches more than 8 feet in depth .is included in detennining maximum building size, provided that 8% of that portion of.roofed, unenclosed porches that exceeds 8 feet in depth shall be excluded from the maximum buildim), size calculation. (c_o. The floor area of .detached garages, chimneys, bay windows, balconies, under -bay areas and under -eave areas is excluded in detennining maximum building size. (fg) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in detennining the maximum building size. -4- SECTION 5: That Paragraph 6, "Maximum Building Size," of Section 4.02 -F, "Bulk Regulations," of Article 4.02 -F, "R -2 Single - Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to read as follows. Additions are indicated by underling and deletions are indicated by strikeout: 6. Maximum Building Size. No building, accessory structure, or addition thereto, shall be constructed on a lot which will result in the aggregate size of the principal building with.its accessory structures exceeding 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feet;$inehes in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet,-- 8-inekesin height is included in determining the maximum building size. (c) The potential floor area of second floor cathedral. ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces; and tennis courts and roofed porches (not enclosed) is excluded in determining maximum building size. (e) The floor area of roofed, unenclosed porches more than 8 .feet in. depth is included in determiniity maxv.num building size, provided that 8% of that portion of roofed, imenclosed porches that exceeds 8 feet in depth shall be excluded from the maximum building= size calculation. (e_f) The floor area of detached garages, chimneys, bay windows, balconies, under -bay areas and under -eave areas is excluded in determining maximum building size. ft) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in determining the maximum building size. -5- SECTION 6: That Paragraph 6, "Maximum Building Size," of Section 4.03 -F, "Bulk Regulations," of Article 14.03, "R -3 Single - Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to read as follows. Additions are indicated by underling and deletions are indicated by strikeout: 6. Maximum Building Size. No building, accessory structure or addition thereto, shall be constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor.area of attached garages and garage attics over 7 feet,4=eh- es in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet-,-8 es in height is included in determining the maximum building size. (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces, and tennis courts and roofed VoIches (not enclosed) is excluded in determining maximum building size. (e) The floor area of roofed, unenclosed porches more than 8 feet in. depth is included in determining maximum building . size, provided that 8% of that portion of roofed, unenclosed porches that exceeds 8 feet in depth shall be excluded from the maximum building size calculation. (c_o The floor area of detached garages, chimneys, bay .windows, balconies, under -.bay areas and under -eave areas is excluded in determining maximum building size. (fg) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in determining the maximum building size. SECTION 7: That Paragraph 6, "Maximum Building Size," of Section 4.04 -F, "Bulk Regulations," of Article 14.04, "R -4 Single - Family and Two - Family Residence District," of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to read as follows. Additions are indicated by underling and deletions are indicated by strikeout: 6. Maximum Building Size. No building, accessory structure or addition thereto, shall be. constructed on a lot which will result in the aggregate size of the principal building with its accessory structures exceeding 3,500 square feet, or a floor area ratio of 0.40, whichever is greater. The maximum building size shall be subject to the following inclusions and exclusions: (a) The floor area of attached garages and garage attics over 7 feet inches in height is included in determining maximum building size. (b) The floor area of house attic space over 7 feet $inches in height is included. in determining the maximum building size. (c) The potential floor area of second floor cathedral ceiling space over 14 feet in height is included in determining maximum building size. (d) The floor area of outdoor decks, terraces-, and tennis courts and roof�d porches (not enclosed) is excluded in determining maximum.building size. (e) The floor area of roofed. unenclosed porches more than. 8 feet in depth is included in determining maximum building size, provided that 9% of that portion of roofed, unenclosed porches that exceeds 8 feet in depth shall be excluded from the maximuni building size calculation. (ef) The floor area of detached garages, chimneys, bay windows, balconies, under -bay areas and- under -ea ve areas is excluded in detennining maximum building size. -7- (fg) The floor area of basements or portions of basements which are exposed to a height of less than 3.5 feet is excluded in determining the maximum building size. SECTION 8: 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 Iaw in that regard within its jurisdiction. SECTION 9: 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 17th day of July , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 17th ATTEST: r Village ,