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O-11-46VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -46 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REVISE THE MINIMUM STANDARDS FOR LEGAL NOTICES PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of December 2011. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 19th day of December , 2011. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -46 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REVISE THE MINIMUM STANDARDS FOR LEGAL NOTICES WHEREAS, Articles 12 and 13 of the Zoning Ordinance of the Village of Deerfield require that certain public hearings held by the Plan Commission and by the Board of Zoning Appeals must be preceded by a legal notice including a legal description of the property that is the subject of such public hearing; and, WHEREAS, Public Act 97 -0336 amended the Illinois Municipal Code to provide that legal notices concerning annexation, special uses, variations or other specified zoning hearings need not include a metes and bounds legal description of the affected property, provided that the notice includes the common street address or addresses of the property and the property index number ( "PIN ") or numbers of all parcels of real property contained in the affected area; and, WHEREAS, the inclusion of a legal description within a notice of public hearing adds to the cost of publishing legal notices, increases the risk of error or inaccuracy in the description of the affected property, and does not provide any meaningful information to the public that is not more easily conveyed and understood by the use of common street addresses and PIN numbers; and, WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that the Zoning Ordinance of the Village of Deerfield should be amended as provided herein to authorize the use of the common street address and property index number ( "PIN ") in legal notices to identify the property that is the subject of a public hearing under Articles 12 or 13 of the Zoning Ordinance of the Village of Deerfield in lieu of a metes and bounds legal description of the subject property; 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 entitled "Definitions," of Article 14 of the Zoning Ordinance of the Village of Deerfield, be and the same is hereby amended to add the following as a defined term: LEGAL DESCRIPTION: Shall mean, for all public notice purposes under Article 12 or Article 13 of this Ordinance, (i) the common street address or addresses, and (ii) the property index number ( "PIN ") or numbers of all the parcels of property included within the subject property. "Legal Description" shall also mean a metes and bounds legal description of the subject property if a street address is not available for the parcels of property included within the subject 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. 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. IPA PASSED this 19th day of December , 2011. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0 ) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 19th day of December '2011. ATTEST: Village Clerk -3- Village esident VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -46 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REVISE THE MINIMUM STANDARDS FOR LEGAL NOTICES PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of December 2011. 9 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 19th day of December 9 2011. VILLAGE OF DEERFIELD STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD SS Image# 048401940005 Type: ORD Recorded: 02/10/2012 at 09:02:32 AM Receipt #: 2012- 00007910 Page i of 5 Fees: $30.00 IL Rental Housing Fund: $0.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File6818 "5507 The undersigned hereby certifies that he 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 -1146 Amending the Zoning Ordinance of the Village of Deerfield to Revise the Minimum Standards for Legal Notices as appears in the records and files of the office of the Village Clerk. Dated this January 31 2012 f SEAL P ANDREW S. LICHTERMAN Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 VAMWDEERFIELD -11ORG VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -46 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REVISE THE MINIMUM STANDARDS FOR LEGAL NOTICES WHEREAS, Articles 12 and 13 of the Zoning Ordinance of the Village of Deerfield require that certain public hearings held by the Plan Commission and by the Board of Zoning Appeals must be preceded by a legal notice including a legal description of the property that is the subject of such public hearing; and, WHEREAS, Public Act 97 -0336 amended the Illinois Municipal Code to provide that legal notices concerning annexation, special uses, variations or other specified zoning hearings need not include a metes and bounds legal description of the affected property, provided that the notice includes the common street address or addresses of the property and the property index number ( "PIN ") or numbers of all parcels of real property contained in the affected area; and, WHEREAS, the inclusion of a legal description within a notice of public hearing adds to the cost of publishing legal notices, increases the risk of error or inaccuracy in the description of the affected property, and does not provide any meaningful information to the public that is not more easily conveyed and understood by the use of common street addresses and PIN numbers; and, WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that the Zoning Ordinance of the Village of Deerfield should be amended as provided herein to authorize the use of the common street address and property index number ( "PIN ") in legal notices to identify the property that is the subject of a public hearing under Articles 12 or 13 of the Zoning Ordinance of the Village of Deerfield in lieu of a metes and bounds legal description of the subject property; 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 entitled "Definitions," of Article 14 of the Zoning Ordinance of the Village of Deerfield, be and the same is hereby amended to add the following as a defined term: LEGAL DESCRIPTION: Shall mean, for all public notice purposes under Article 12 or Article 13 of this Ordinance, (i) the common street address or addresses, and (ii) the property index number ( "PIN ") or numbers of all the parcels of property included within the subject property. "Legal Description" shall also mean a metes and bounds legal description of the subject property if a street address is not available for the parcels of property included within the subject 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. SEC'T'ION 3: That this Ordinance shall be in full force and effect fiom and after its passage, approval and publication in pamphlet form as provided by law. -2- PASSED this 19th day of December , 2011. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0 ) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 19th day of December '2011. ATTEST: Village Clerk -3- Village resident