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HomeMy WebLinkAboutO-01-17i VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0= 01 -17 . AN ORDINANCE AMENDING ARTICLE 2.08 (TELECOMMUNICATION SERVICE FACILITIES) OF THE DEERFIELD ZONING ORDINANCE TO PROVIDE THAT VILLAGE -OWNED PROPERTY IN THE P -1 PUBLIC LANDS ZONING DISTRICT SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE 2.08 OF THE DEERFIELD ZONING ORDINANCE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of April , 2001. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of April , 2001. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-17 AN ORDINANCE AMENDING ARTICLE 2.08 (TELECOMMUNICATION SERVICE FACILITIES) OF THE DEERFIELD ZONING ORDINANCE TO PROVIDE THAT VILLAGE -OWNED PROPERTY IN THE P -1 PUBLIC LANDS ZONING DISTRICT SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE 2.08 OF THE DEERFIELD ZONING ORDINANCE WHEREAS, the Plan Commission of the Village of Deerfield has recommended that Article 2.08, "Telecommunication Service Facilities," of the Deerfield Zoning Ordinance be amended as provided herein to require that the location and development of telecommunications service facilities on Village owned land in the P -1 Public Lands District shall be subject to the requirements of Article 2.08 of the Deerfield Zoning Ordinance, as amended; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing pursuant to public notice to consider the 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 provisions of the Deerfield Zoning Ordinance, as amended; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission that Article 2.08 of the Deerfield 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 2.08 -C, Applicability, of the Deerfield Zoning Ordinance, be and the same is hereby deleted and removed from Article 2.08 of the Zoning Ordinance. SECTION 2: That paragraph 1 of Article 2.08 -H, Public Lands District, of the Deerfield Zoning Ordinance, be and the same is hereby amended to read as follows: Free standing TCSF shall only be allowed pursuant to a Special Use in the P -1 District. SECTION 3: That paragraph 1 of Article 2.08 -K, Disguised Support Structures (DSS), of the Deerfield Zoning Ordinance, be and the same is hereby amended to read as follows: Disguised support structures shall be permitted as a Special Use in all districts on property which is not used residentially, except that such facilities are prohibited in the C -1 Village Center District and the C -3 Limited Commercial District. SECTION 4: That paragraph 4 of Article 2.08 -K, Disguised Support Structures (DSS), of the Deerfield Zoning Ordinance, be.and the same is hereby amended to read as follows: 4. The maximum height of a DSS may not exceed the following: a. On those properties which are zoning P -1 Public Lands District, or are residentially zoned but not residentially used, the maximum height may not exceed sixty (60) feet as measured from the base of the structure unless the facility is to be a co -use facility and /or it is satisfactorily demonstrated that it is technologically unfeasible for the system to operate within the permitted height. b. On those properties which are zoned C -2 Outlying Commercial District, I -1 Office, Research, Restricted Industrial District, or I -213 Outlying Limited Industrial District, the maximum height allowed for DSS may not exceed 100 feet as measured from the base of the facility, except as otherwise authorized by Article 2A.04 -D. SECTION 5: That paragraph 3 of Article 2.08 -M, Lesser Impact Facilities (LIF), of the Deerfield Zoning Ordinance, be and the same is hereby amended to read as follows: 3. LIF shall be permitted in the C -1 Village Center District, the C -3 Limited Commercial Office District, the P -1 Public Lands District, and on those properties which are zoned residentially but are used for non - residential purposes when authorized as a Special Use only. LIF may not be constructed on any property or building which is used for residential purposes. SECTION 6: 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. [This Space Left Blank Intentionally] t SECTION 7: 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 April '2001. AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 16th day of April , 2001. Village President ATTEST: &I- Tmana �' 0. - W�-�M t�i �11' Village Clerk