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O-06-47VILLAGE OF DEERFIELD . LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -47 AN ORDINANCE AMENDING ARTICLES 8.01 -D AND 8.01 -E OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD REGARDING SPECIAL USES IN THE VILLAGE CENTER DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of October , 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 16thday of October , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -47 AN ORDINANCE AMENDING ARTICLES 8.01 -D AND 8.01 -E OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD REGARDING SPECIAL USES IN THE VILLAGE CENTER DISTRICT WHEREAS, Article 8.01 -D entitled "Change of Intensity of Use" of Article 8 entitled "Off- Street Parking and Off - Street Loading" of the Zoning Ordinance of the Village of Deerfield provides, among other things, that buildings located in the C -1 Village Center District erected prior to the effective date of the Zoning Ordinance (April 17, 1978) are not required to provide the additional off- street parking or loading facilities required by the Zoning Ordinance except to the extent that the floor area of such a building is increased; and, WHEREAS, Article 8.01 -E entitled "Change of Use" of Article 8 entitled "Off- Street Parking and Off - Street Loading" of the Zoning Ordinance of the Village ofDeerfield provides, among other things, that the change of an existing use of a building located in the C -1 Village Center District erected prior to the effective date of the Zoning Ordinance (April 17, 1978) to a new use does not require the additional parking or loading facilities mandatory under this Ordinance except to the extent that the floor area of such building is increased; and, . WHEREAS, in all cases where a special use is proposed to be located within an existing building lawfully erected in the C -1 Village Center District prior to the effective date of the Zoning Ordinance of the Village of Deerfield (April 17, 1978), Article 13.11 -D of the Zoning Ordinance.of the Village of Deerfield requires, among other things, that the Plan Commission consider the adequacy of traffic and parking facilities to determine that the proposed special use will be served by adequate facilities and will be compatible with existing development in the C -1 Village Center District; and, WHEREAS, notwithstanding Articles 8.01 -D and 8.01 -E of the Zoning Ordinance of the Village of Deerfield, the practice and policy of the Plan Commission has been to determine whether the parking, loading and traffic facilities to be provided for a new special use proposed in the C -1 Village Center District in a building lawfully erected prior to the effective date of the Zoning Ordinance meet the standards required for special uses; and, WHEREAS, the Plan Commission held a public hearing on August 24, 2006, pursuant to public notice to consider amendments to Articles 8.01 -13 and 8.01 -E to confirm the Plan Commission is to apply all of the special use standards set forth in Article 13.11 -D of the Zoning Ordinance of the Village of Deerfield when considering a new special use proposed for. a building lawfully erected in the C -1 Village Center District prior to April 17, 1978, being the effective date of the Zoning Ordinance of the Village of Deerfield, said hearing 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 an amendment to Articles 8.01 -D and 8.01 -E to indicate that, notwithstanding the language in either Article 8.01 -D and 8.01 -E, the special use. standards set forth in Article 13.11 of the Zoning Ordinance of the Village of Deerfield are to be applied whenever a special use is considered for a building lawfully erected in the C -1, Village Center District prior to April 17, 1978; and, 2 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 Article 8.01 -D, "Change of Intensity of Use," 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): When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking and loading facilities, such additional parking and loading facilities as required shall be provided. However, ifthe said building or structure was both lawfully erected prior to the effective date of this Ordinance, and is also located in the C -1 Village Center District, additional parking or loading facilities are mandatory only in the event the floor area of the building or structure is increased, and then only to the extent required by the additional space. Notwithstanding anything in the foregoing paragraph, all special use standards set forth in Article 13.11 -1) shall be applicable. SECTION 2: That Article 8.01 -E, "Change of Use," of the Zoning Ordinance ofthe 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): When the existing use of a building, structure, or premises shall hereafter be changed to a new use, parking and loading facilities shall be provided as required for such new use. However, if the building or structure was both lawfully erected prior to the effective date of this Ordinance, and is also located in the.0 -1 Village Center District, additional parking or loading facilities are mandatory only in the event the floor area of the building or structure is increased, and then only to the extent required by the additional space. Notwithstanding anything in the foregoing parafraph, all special use standards set forth in Article 13.11 -D shall be applicable. 91 SECTION 3: 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 4: 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 16th day of . October , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 16th ATTEST: • - 'i�ina­ge Clerk' Illllllllllllllillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll STATE OF ILLINOIS ) Image# 041034210006 Type: ORD Recorded: 02/12/2007 at 02:46:36 PM COUNTIES OF LAKE AND COOK ) SS ,TReceiptu: 2007 - 00006831 otal Amt: $31.00 Pape i of 6 IL Rental Housing Fund: $0.00 ,Lake County IL Recorder VILLAGE OF DEERFIELD ) Mary Ellen Vanderventer Recorder File6136119 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 -0647 Amending Articles 8.01 -D and 8.01 -E of the Zoning Ordinance of the Village of Deerfield Regarding Special uses in the Village Center District Dated this December 19, 2006 G r '� SE.ALF/7 r.'s°oK�.'f et JE IFER AVIS Deputy Village Clerk Submitted by: 7, Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 t-�P \J0 9 VILLAGE OF DEERFIELD . LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -47 AN ORDINANCE AMENDING ARTICLES 8.01 -1) AND 8.01 -E OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD REGARDING SPECIAL USES IN THE VILLAGE CENTER DISTRICT Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois,.this 16thday of October , 2006. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of October , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -47 AN ORDINANCE AMENDING ARTICLES 8.01 -D AND 8.01 -E OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD REGARDING SPECIAL USES IN THE VILLAGE CENTER DISTRICT WHEREAS, Article 8.01 -D entitled "Change of Intensity of Use" of Article 8 entitled "Off- Street Parking and Off - Street Loading" of the Zoning Ordinance of the Village of Deerfield provides, among other things, that buildings located in the C -1 Village Center District erected prior to the effective date of the Zoning Ordinance (April 17, 1978) are not required to provide the additional off- street parking or loading facilities required by the Zoning Ordinance except to the extent that the floor area of such a building is increased; and, WHEREAS, Article 8.01 -E entitled "Change of Use" of Article 8 entitled "Off- Street Parking and Off- Street Loading" of the Zoning Ordinance of the Village ofDeerfield provides, among other things, that the change of an existing use of a building located in the C -1 Village Center District erected prior to the effective date of the Zoning Ordinance (April 17, 1978) to a new use does not require the additional .parking or loading facilities mandatory under this.Ordinance except to the extent that the floor area of such building is increased; and, WHEAZEAS, in all cases where a special use is proposed to be located within an existing building lawfully erected in the C -1 Village Center District prior to the effective date of the Zoning Ordinance of the Village of Deerfield (April 17, 1978), Article 13.11 -D of the Zoning Ordinance.of the Village of Deerfield requires, among other things, that the Plan Commission consider the adequacy of traffic and parking facilities to.determine that the proposed special use will be served by adequate facilities and will be compatible with existing development in the C -1 Village Center District; and, WHEREAS; notwithstanding Articles 8.01 -D and 8.01 -E of the Zoning Ordinance of the Village of Deerfield, the practice and policy of the Plan Commission has been to determine whether the parking, loading and traffic facilities to be provided for a new special use proposed in the C -1 Village Center District in a building lawfully erected prior to the effective date of the Zoning Ordinance meet the standards required for special uses; and, WHEREAS, the Plan Commission held a public hearing on August 24, 2006, pursuant to public notice to consider amendments to Articles 8.01 -D and 8.01 -E to confirm the Plan Commission is to apply all of the special use standards set forth in Article 13.11 -D of the Zoning Ordinance of the Village of Deerfield when considering a new special use proposed for a building lawfully erected in the C -1 Village Center District prior to April 17, 1978, being the effective date of the Zoning Ordinance of the Village of Deerfield, said hearing 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 an amendment to Articles 8.01 -D and 8.01 -E to indicate that, notwithstanding the language in either Article 8.01 =D. and 8.01 -E, the special use standards set forth in Article -13.11 of the Zoning Ordinance of the Village of Deerfield are to be applied whenever a special use is considered for a building lawfully erected in the C -1 Village Center District prior to April 17, 1978; and, I 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 Article 8.01 -D, "Change of Intensity of Use," ofthe 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): When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking and loading facilities, such additional parking and loading facilities as required shall be provided. However, ifthe said building or structure was both lawfully erected prior to the effective date of this Ordinance, and is also located in the C -1 Village Center District, additional parking or loading. facilities are mandatory only in the event the floor area of the building or structure is increased, and then only to the extent required by the additional space. Notwithstanding anything in the foregoing_ paragraph, all special use standards set forth in Article 13.11 -D shall be applicable. SECTION Z: That Article 8.01 -E, "Change of .Use," of the Zoning Ordinance ofthe 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): When the existing use of a building, structure, or premises shall hereafter be changed to a new use,-parking and loading facilities shall be provided as required for such new use.. However, if the building or structure was both lawfully erected prior to the effective date of this Ordinance, and is also located in the.0 -1 Village Center District, additional parking or loading facilities are mandatory.only in the event the floor area of the building or structure is increased, and then only to the extent required by the additional space. Notwithstanding anything in the foregoing paragraph, all special use standards set forth in.Article 13.11 -D shall be applicable. 3 SECTION 3: 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 4: That this Ordinance shall be in full force and effect from and after its passage, approval mid publication in pamphlet form as provided by law. PASSED this 16th day of October , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None. (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 16th ATTEST: STATE OF ILLINOIS COUNTIES OF LAKE AND COOK )SS VILLAGE OF DEERFIELD } f IIIIIIIIIIIIIIIIIII i i i l l l 11 IIIIIIIIIIIIIIIII Doc#: 0626417068 Fee: $36.50 Eugene "Gene" Moore Cook County Recorder of Deeds Date: 09/21/2006 10:30 AM Pg: 1 of 7 The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0-05-47 Amending the Planned rUn t Developments of More than 600, 00 Square Feet. Additional Signage for Commercial Dated this June 12 2006 ffi$ NIFER L. DAVIS Deputy Village Clerk SEAL Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -47 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE ADDITIONAL SIGNAGE FOR COMMERCIAL PLANNED UNIT DEVELOPMENTS OF MORE THAN 600,000 SQUARE FEET PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of November , 2005• Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 7th day of November ,2005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -47 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE ADDITIONAL SIGNAGE FOR COMMERCIAL PLANNED UNIT DEVELOPMENTS OF MORE THAN 600,000 SQUARE FEET WHEREAS, the owner of certain property commonly known as Deerbrook Mall has petitioned the Plan Commission of the Village of Deerfield for a text amendment to Article 9.02 -B of the Zoning Ordinance of the Village of Deerfield to permit certain tenant directional signs, tenant directory signs and under canopy tenant identification signs in Planned Unit Development shopping centers of more than 600,000 square feet of gross floor area it the C -2 Outlying Commercial District; and, WHEREAS, the Plan Conunission of the Village of Deerfield held a public hearing on August 25, 2005, 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 statues 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 andfindings 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 certain tenant directional signs, tenant directory signs and under canopy tenant identification signs in Planned Unit Development shopping centers of more than 600,000 square feet of gross floor area in the C -2 Outlying Commercial District; and, NVHER.EAS, 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 8, C -2 Outlying Commercial District/Commercial Planned Unit Development of more than 600.000 square feet of Gross Floor Area, of Article 9.02 -B, 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 as subparagraph g thereof: g. Tenant Identification Directional Signs. Notwithstanding anything to the contrary elsewhere in this Ordinance, tenant identification directional ground signs shall.be allowed in plamled unit development shopping centers of more than 600,000 square feet of gross floor area in the C -2 Outlying Commercial District subject to the following regulations only: (1) Number and Content There shall not be more than three (3) tenant identification directional signs for each zoning lot. Each directional sign shall indicate only: the naives of not more than four (4) business establishments; wording for additional parking areas and vehicular access points. The text of the signs is limited to a maxiinuin of four (4) lines. Said signs may include directional arrows. (2) Area The maximum area of a tenant identification directional sign shall not exceed nine (9) square feet per face. (3) Height The maximum height of such sign shall not exceed 4 feet in height. (4) Illumination Tenant identification directional signs may be illumuiated. SECTION 2: That Paragraph 8, C -2 Outlying Commercial District/Commercial Planned Unit Development of more than 600,000 square feet of Gross Floor Area of Article 9.02 -B, 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 as Subparagraph h thereof: h. Under Canopy Signs. Notwithstanding anything to the contrary elsewhere in this Ordinance, under canopy signage shall be allowed in planned unit development shopping centers of more than 600,000 square feet of gross floor area in the C -2 Outlying Commercial District subject to the following regulations only: (1) Number and Content There shall not be more than one (1) under canopy sign for each elevation located adjacent to the open air interior portions of the property. Each sign shall indicate only the name of the tenant occupying the space and the sign text shall be limited to one (1) line. (2) Area The maximum area of any under canopy sign shall not exceed two (2) square feet per face. (3) Height The maximum height of an under canopy sign shall not exceed ten (10) feet above the building grade to the top of the sign. (4) Illumination An under canopy sign shall not be illuminated. SECTION 3: That Paragraph 8, C-2 Outlying Comunercial District/Commercial Planned Unit Development of more than 600.000 square feet of Gross Floor Area. of Article 9.02 -B, Conuuercial Districts, 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 i thereof: i. Mall Directory Signs. Notwithstanding anything to the contrary elsewhere in this Ordinance, tenant directory ground signs shall be allowed in planned unit development shopping centers of more than 600,000 square feet of gross floor area in the C -2 Outlying Commercial District subject to the following regulations only: (1) Number and Content There shall not be more than three (3) tenant identification directional signs for each zoning lot. Each sign may indicate only the naive of the shopping center and the names of the business establishments in the mall. Said sign may contain a directory map. (2) Area The maximum area of any directory shall not exceed nineteen (19) square feet per face. (3) Height The maximum height of such sign shall not exceed seven (7) feet in height.. (4) Illumination A mall directory sign may be illuminated. SECTION 4: 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, thus Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 5: 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. 23 PASSED this 7th day of November , 2005. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 7th day o: ATTEST: Village Clerk -5-