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O-09-20i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 i�iii 11111 1111 1111 STATE OF ILLINOIS Image# 046412770006 Type: ORD Recorded: 07/22/2010 at 09:02:58 AM ' Receipt #: 2010- 00035801 Total Amt: $31.00 Pape 1 of 6 COUNTIES OF LAKE AND COOK ) SS IL Rental Housing Fund: $0.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder VILLAGE OF DEERFIELD ) File 6624542 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 -09 -20 of the Village of Deerfield, Illinois, Amending the Zoning Ordinance of the Village of Deerfield Regarding the Definition of Attics and the Measurement of Attics for the Purpose of Determining Floor Area Ratio Dated this June 24, 2010 JY4NIFE . DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 V � �l �• :I o0� Y . �•! ,.n 18 -EA ' n JY4NIFE . 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 -09 -20 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD REGARDING THE DEFINITION OF ATTICS AND THE MEASUREMENT OF ATTICS FOR THE PURPOSE OF DETERMINING FLOOR AREA RATIO PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day of August , 2009. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17t day of August , 2009. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -09 -20 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD REGARDING THE DEFINITION OF ATTICS AND THE MEASUREMENT OF ATTICS FOR THE PURPOSE OF DETERMINING FLOOR AREA RATIO WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on June 25, 2009 upon the application of the Village of Deerfield to consider text amendments to the Zoning Ordinance of the Village of Deerfield regarding the definition of "attic," and measurement of attic space for the purpose of determining floor area ratio; and, WHEREAS; the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials presented at said hearing, has submitted its written report and findings of fact to the Board of Trustees of the Village of Deerfield recommending that the Zoning Ordinance be amended to add a definition of "attic" and to clarify that all attic space 7 feet in height or more, finished or unfinished, is included in determining floor area ratio; 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 14.02 (Definitions) of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as the definition of "attic:" ATTIC: The finished or unfinished space in a building located within the roof framing and the bottom of the ceiling framing of the area below. SECTION 2: That Article 14.01 (Rules) of Article 14 of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Paragraph N thereof: 14.01 -N Attic height measurement shall betaken from the underside of the roof framing to the top of the ceiling framing of the area below. SECTION 3: That Subparagraphs a and b of Paragraph 6 (Maximum Building Size) of Article 4.01 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield are hereby repealed and shall be replaced by a new Subparagraph a that shall read as follows. a. The floor area of all attic spaces 7 feet or greater in height is included in determining the maximum building size. Paragraph 6 (Maximum Building Size) of Article 4.01 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield is hereby further amended by relettering Subparagraphs c through h of Paragraph 6 (Maximum Building Size) 'of Article 4.01 -F (Bulk Regulations) as Subparagraphs b through g, respectively. SECTION 4: That Subparagraphs a and b of Paragraph 6 (Maximum Building Size) of Article 4.02 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield are hereby repealed and shall be replaced by a new Subparagraph a that shall read as follows. a. The floor area of all attic spaces 7 feet or greater in height is included in determining the maximum building size. Paragraph 6 (Maximum Building Size) of Article 4.02 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield is hereby further amended by relettering Subparagraphs c through h of Paragraph 6 (Maximum Building Size) of Article 4.02 -F (Bulk Regulations) as Subparagraphs b through g, respectively. SECTION5: That Subparagraphs a and b of Paragraph 6 (Maximum Building Size) of Article 4.03 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield are hereby repealed and shall be replaced by a new Subparagraph a that shall read as follows. a. The floor area of all attic spaces 7 feet or greater in height is included in determining the maximum building size. Paragraph 6 (Maximum Building Size) of Article 4.03 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield is hereby further amended by relettering Subparagraphs c through h of Paragraph 6 (Maximum Building Size) of Article 4.03 -F (Bulk Regulations) as Subparagraphs b through g, respectively. SECTION 6: That Subparagraphs a and b of Paragraph 6 (Maximum Building Size) of Article 4.04 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield are hereby repealed and shall be replaced by a new Subparagraph a that shall read as follows. a. The floor area of all attic spaces 7 feet or greater in height is included in determining the maximum building size. Paragraph 6 (Maximum Building Size) of Article 4.04 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield is hereby further amended by relettering Subparagraphs c through h of Paragraph 6 (Maximum Building Size) of Article 4.04 -F (Bulk Regulations) as Subparagraphs b through g, respectively. SECTION 7: 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 9: 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 August , 2009. AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 17th day of August , 2009. Village President ATTF,ST: VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -09 -20 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD REGARDING THE DEFINITION OF ATTICS AND THE MEASUREMENT OF ATTICS FOR THE PURPOSE OF DETERMINING FLOOR AREA RATIO PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day of August , 2009. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17t day of August , 2009. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -09 -20 ' AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD REGARDING THE DEFINITION OF ATTICS AND THE MEASUREMENT OF ATTICS FOR THE PURPOSE OF DETERMINING FLOOR AREA RATIO WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on June 25, 2009 upon the application of the Village of Deerfield to consider text amendments to the Zoning Ordinance of the Village of Deerfield regarding the definition of "attic," and measurement of attic space for the purpose of determining floor area ratio; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials presented at said hearing, has submitted its written report and findings of fact to the Board of Trustees of the Village of Deerfield recommending that the Zoning Ordinance be amended to add a definition of "attic" and to clarify that all attic space 7 feet in height or more, finished or unfinished, is included in determining floor area ratio; 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 14.02 (Definitions) of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as the definition of "attic:" ATTIC: The finished or unfinished space in a building located within the roof framing and the bottom of the ceiling framing of the area below. SECTION 2: That Article 14.01 (Rules) of Article 14 of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Paragraph N thereof: 14.01 -N Attic height measurement shall be taken from the underside of the roof framing to the top of the ceiling framing of the area below. SECTION 3: That Subparagraphs a and b of Paragraph 6 (Maximum Building Size) of Article 4.01 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield are hereby repealed and shall be replaced by a new Subparagraph a that shall read as follows. a. The floor area of all attic spaces 7 feet or greater in height is included in determining the maximum building size. Paragraph 6 (Maximum Building Size) of Article 4.01 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield is hereby further amended by relettering Subparagraphs c through h of Paragraph 6 (Maximum Building Size) of Article 4.01 -F (Bulk Regulations) as Subparagraphs b through g, respectively. SECTION 4: That Subparagraphs a and b of Paragraph 6 (Maximum Building Size) of Article 4.02 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield are hereby repealed and shall be replaced by a new Subparagraph a that shall read as follows. a. The floor area of all attic spaces 7 feet or greater in height is included in determining the maximum building size. Paragraph 6 (Maximum Building Size) of Article 4.02 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield is hereby further amended by relettering Subparagraphs c through h of Paragraph 6 (Maximum Building Size) of Article 4.02 -F (Bulk Regulations) as Subparagraphs b through g, respectively. SECTIONS: That Subparagraphs a and b of Paragraph 6 (Maximum Building Size) of Article 4.03 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield are hereby repealed and shall be replaced by a new Subparagraph a that shall read as follows. a. The floor area of all attic spaces 7 feet or greater in height is included in determining the maximum building size. Paragraph 6 (Maximum Building Size) of Article 4.03 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield is hereby further amended by relettering Subparagraphs c through h of Paragraph 6 (Maximum Building Size) of Article 4.03 -F (Bulk Regulations) as Subparagraphs b through g, respectively. SECTION 6: That Subparagraphs a and b of Paragraph 6 (Maximum Building Size) of Article 4.04 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield are hereby repealed and shall be replaced by a new Subparagraph a that shall read as follows. The floor area of all attic spaces 7 feet or greater in height is included in determining the maximum building size. Paragraph 6 (Maximum Building Size) of Article 4.04 -F (Bulk Regulations) of the Zoning Ordinance of the Village of Deerfield is hereby further amended by relettering Subparagraphs c through h of Paragraph 6 (Maximum Building Size) of Article 4.04 -F (Bulk Regulations) as Subparagraphs b through g, respectively. SECTION 7: 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 9: 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 Ang„Gt , 2009. AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 17th day of August , 2009. Village President ATTEST: