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O-14-23VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -23 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REQUIRE INDEMNIFICATION FROM APPLICANTS FOR SPECIAL USES, MAP AMENDMENTS AND VARIATIONS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of October 2014. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20 02y of OrtnhPr 2014. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -23 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REQUIRE INDEMNIFICATION FROM APPLICANTS FOR SPECIAL USES, MAP AMENDMENTS AND VARIATIONS WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution; and, WHEREAS, as a home rule unit of local government, the Village of Deerfield may exercise any power and perform any function pertaining to its government and affairs, except as limited in accordance with Article VII, Section 6 of the Illinois Constitution; and, WHEREAS, the Zoning Ordinance of the Village of Deerfield permits owners and other persons having a property interest in real estate located within the Village to apply for variations, special uses, map amendments and zoning text amendments to the Zoning Ordinance of the Village of Deerfield that, if approved, serve to entitle such applicants to make new, additional or more intense uses of their property; and, WHEREAS, such applications require public hearings by the Zoning Board or Plan Commission of the Village of Deerfield, and a legislative decision by the corporate authorities of the Village of Deerfield to approve or deny such applications; and, WHEREAS, any decision by the corporate authorities of the Village of Deerfield to approve a request for a special use, variation, map amendment or zoning text amendment can result in lawsuits, actions or proceedings by neighboring property owners or other aggrieved parties seeking to attack, set aside, void or annul such approvals by the corporate authorities of the Village of Deerfield through judicial review; and, WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that the applicants and owners of the property or properties, as the beneficiaries of such land use approvals, should be required as a condition of applying for and receiving such land use approvals to defend, indemnify and hold harmless the Village of Deerfield and its officers, agents and employees for the costs and expenses of defending the legislative decision of the corporate authorities to grant their land use approval applications; 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 above and foregoing recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2: That Article 13.07 ( "Variations ") of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the following as Article 13.07 -H thereof: 13.07 -11 Indemnification. As a condition of approval of a variation for which a complete application is submitted on or after January I, 2015, the applicant shall: defend, indemnify and hold harmless the Village and its officers, agents and employees from any action, claim or proceeding against the Village, or officers, agents or employees of the Village, seeking to attack, challenge, dispute, void, annul or invalidate, in whole or in part, any ordinance, determination or proceeding approving such variation; 2. reimburse the Village, its officers, agents or employees for any court costs or attorney's fees which the Village, its officers, agents or employees may incur in defending any such action, claim or proceeding, or be required to pay by a court, as a result of such approval; and -2- 3. at its sole discretion, the Village may participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve the applicant of any obligation imposed by the foregoing conditions. SECTION 3: That Article 13.10 ("Amendments ") of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the following as Article 13.10 -H thereof: 13.10 -11 Indemnification. As a condition of approval of an amendment for which a complete application is submitted on or after January 1. 2015, the applicant shall: defend, indemnify and hold harmless the Village and its officers, agents and employees from any action, claim or proceeding against the Village, or officers, agents or employees of the Village, seeking to attack, challenge, dispute, void, annul or invalidate, in whole or in part, any ordinance, determination or proceeding approving such amendment; 2. reimburse the Village, its officers, agents or employees for any court costs or attorney's fees which the Village or its officers, agents or employees may incur in defending any such action, claim or proceeding, or be required to pay by a court, as a result of such approval; and 3. at its sole discretion, the Village may participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve the applicant of any obligation imposed by the foregoing conditions. SECTION 4: That Article 13.11 ("Special Uses ") of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the following as Article 13.1 I -H thereof: 13.11 -H Indemnification. As a condition of approval of a special use for which a complete application is submitted on or after January 1, 2015, the applicant shall: defend, indemnify and hold harmless the Village and its officers, agents and employees from any action, claim or proceeding against the Village, -3- or officers, agents or employees of the Village, seeking to attack, challenge, dispute, void, annul or invalidate, in whole or in part, any ordinance, determination or proceeding approving such special use; 2. reimburse the Village, its officers, agents or employees for any court costs or attorney's fees which the Village, its officers, agents or employees may incur in defending any such action, claim or proceeding, or be required to pay by a court, as a result of such approval; and 3. at its sole discretion, the Village may participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve the applicant of any obligation imposed by the foregoing conditions. SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative act of a ]ionic 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. [ "fhis Space Left Blank Intentionally] Ell SECTION 6: 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 20th day of October '2014. AYES: Benton, Farkas, Jester, NAdler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 2nth day of ATTEST: - 45;�d Village C erk -5- Village Pr sident 2014.