Deerfield City Zoning Code
ARTICLE 2
GENERAL PROVISIONS
2.00-K Developments of Zoning Lots of Two Acres and Over to be Developed as a Planned Unit Developments (O-24-06)
No zoning lot that is two acres or more may be developed in the Village except upon the approval of a planned unit development pursuant to the procedures and requirements of Article 12 of the Zoning Ordinance.
2.05 CONTROL OVER DEVELOPMENT IN THE FLOOD PLAIN
All new and existing uses and structures shall be subject to the provisions of the Municipal Code related to development in the flood plain.
2.06 PERFORMANCE STANDARDS
Any use in any district shall be subject to and adhere to the performance standards which govern noise, smoke, particulate matter, toxic or noxious matters, odors, fire an explosive hazards, vibration, glare or heat which are contained in the following Village Codes and Ordinances as well as other applicable Ordinances, Codes and Standards:
1. Deerfield Municipal Code.
2. Deerfield Building Code.
3. Deerfield Fire Prevention Code.
4. Deerfield Subdivision Code.
No use already established on the effective date of this Ordinance shall be altered or modified so as to conflict with such standards.
2.07 EXEMPTED USES
The following uses are exempted by this Ordinance and permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar distribution equipment for telephone or other communications and electric power, gas, water and sewer lines; provided that the installation shall conform with the rules and regulations of all authorities having jurisdiction over the public utility involved.
2.09 BICYCLE FACILITIES (Ord.0-02-09)
Where appropriate, all multi-family developments in the R-5 General Residence District, and all developments in the C-1 Village Center District, the C-2 Outlying Commercial District, the C-3 Limited Commercial Office District, the I-I Office, Research, Restricted Industrial District, and the P-1 Public Lands District shall provide for the following (0-02-09):
1. Bicycle Storage Facilities for the storage of bicycles as appropriate for the development.
2. Internal Circulation Safe and smooth circulation of bicycle traffic throughout the development.
3. Access Connections to adjacent developments and bike paths.
2.12 Consideration of Public Art in Development Applications
(Ord. 0-15-22)
All development applications for commercial developments in the Village Center shall give due consideration to providing public art on the property. Development plans shall consider opportunities for providing public art in their developments and provide a public art plan if appropriate for the proposed development. (Ord. 0-15-22)
2.13. Additional Regulations for Recreational Cannabis Dispensary Businesses (Ord. O-19-35)
(1) Application for Special Use. In addition to the requirements set forth in Article 13 of this Ordinance relating to applications for a special use, the application for a special use for recreational cannabis dispensary must include all of the following information and documents:
a. The legal name and trade name, if applicable, for the proposed recreational cannabis dispensary;
b. The legal name of the applicant, if different than the proposed recreational cannabis dispensary;
c. The address of the proposed recreational cannabis dispensary;
d. The (i) address, telephone number and e-mail address of the proposed recreational cannabis dispensary and applicant, if different; and (ii) the principal place of business, if different than the common address of the proposed recreational cannabis dispensary or applicant. A post office box may not be submitted as the address of the proposed recreational cannabis dispensary's or applicant's principal place of business;
e. The legal names, addresses, telephone numbers, e-mail addresses, dates of birth, and a detailed statement of their qualifications and experience related to the operation of a recreational cannabis dispensary or similar occupation for: (i) all persons or business entities with financial interest in the proposed recreational cannabis dispensary; and (ii) all officers, directors, partners, managers, and owners of the proposed recreational cannabis dispensary. A post office box may not be submitted as the address of any of the entities or individuals listed herein;
f. The proposed house of operation for the proposed recreational cannabis dispensary;
g. If the proposed recreational cannabis dispensary is a business entity other than a sole proprietorship, the following information regarding the proposed recreational cannabis dispensary:
i. The type of business entity, the date of formation, and proof that the organizations is authorized to conduct the business of a recreational cannabis dispensary in the State of Illinois;
ii. If a limited liability company or a corporation, a copy of its certificate of good standing issued by the Secretary of State no more than seven days prior to the date the application for a special use is filed with the Village; and
iii. If the limited liability company or corporation used an assumed name, a copy of the company's or corporation's assumed name registration issued by the Secretary of State;
h. A description of any training and education that will be provided to the proposed recreational cannabis dispensary's employees;
i. A copy of a business plan for the proposed recreational cannabis dispensary that includes, without limitation, a description of the products and services that will be offered;
j. A security plan that describes how the proposed recreational cannabis dispensary will provide security for its inventory, customers, and employees, which shall be submitted to the Chief of Police for review and recommendation. Without limitation, the security plan must include the following information:
i. A description of the procedures that the proposed recreational cannabis dispensary will implement to prevent the diversion, theft, or loss of cannabis during the delivery to the proposed recreational cannabis dispensary, including, without limitation, the use of delivery manifests;
ii. A description of the procedure to: (i) monitor the activities conducted within the proposed recreational cannabis dispensary; (ii) secure the recreational cannabis dispensary, including, without limitation, its employees, cannabis, and currency; and (iii) prevent the diversion, theft or loss of cannabis; and
iii. A description of the procedure that the proposed recreational cannabis dispensary will implement to restrict access to limited access areas and restricted access areas;
k. Proof that the applicant owns the property on which it proposes to operate the recreational cannabis dispensary or, if the applicant does not own the property, a written statement from the property owner certifying the owner's consent to the use of the property for a recreational cannabis dispensary;
l. A map of the area surrounding proposed recreational cannabis dispensary: (a) showing that no part of the property on which the proposed dispensary is located within 1,000 feet, measured from property line to property line, of any existing public or private preschool, elementary school, middle school, high school, day care center, day care home, group day care home, or part-day child care facility; (b) showing that no part of the property on which the recreational cannabis dispensary is located within 500 feet, measured from property line to property line, of any public park or property used for a residential use; (c) showing that the proposed location for the recreational cannabis dispensary is not zoned for residential use; and (d) identifying the businesses, and the nature of each business, located within 1,000 feet of any part of the property line of the proposed recreational cannabis dispensary in existence at the time that the application of a special use permit is filed with the Village;
m. Floor plans and elevations of the proposed recreational cannabis dispensary building that includes, without limitation, the following information:
i. The location, layout, floor area, and function of each room, including, without limitation, restricted access areas, limited access areas, rooms in which cannabis will be stored when the proposed recreational cannabis dispensary is open for business, and room in which cannabis will be stored when the proposed recreational cannabis dispensary is not open for business;
ii. The total floor area of the proposed recreational cannabis dispensary building;
iii. The doorways or pathways between rooms;
iv. The means of ingress and egress to and from the building of the proposed recreational cannabis dispensary, including, without limitation, fire exits;
v. The location of all safes or vaults that will be used to store cannabis, cannabis products, and currency;
vi. The locations of any bullet-proof glass;
vii. The location of each toilet facility;
viii. An attestation that the proposed recreational cannabis dispensary will have video cameras for security purposes;
ix. An attestation that the proposed recreational cannabis dispensary will have panic button(s) for security purposes;
x. The location of each natural and artificial lighting source; and
xi. The location of enclosed and secured loading and trash handling and disposal facilities;
n. A description of how the proposed recreational cannabis dispensary will comply with any applicable provisions of the Americans with Disabilities Act and other similar state and local laws and regulations;
o. A plan to prevent customer overflow in the recreational cannabis dispensary;
p. An attestation that the proposed recreational cannabis dispensary will have safes or vaults with sufficient capacity to safely store the anticipated quantities of cannabis and currency on the premises;
q. Evidence acceptable to the Village's Principal Planner that the proposed dispensary building complies with all applicable State and local building and fire regulations, and all other applicable local ordinances and regulations;
r. A sign plan for the proposed recreational cannabis dispensary that describes and depicts all proposed signs related to the proposed recreational cannabis dispensary, including, without limitation, the type of each proposed sign, the sign area and sign height of each proposed sign, the content of each proposed sign, the location of each proposed sign, and the illumination of each proposed sign, if any;
s. A comprehensive site plan drawn to scale of the proposed recreational cannabis dispensary, which site plan must depict the following features, if applicable and without limitation: streets, traffic direction, sidewalks, trees, alleys, property lines, buildings, parking areas, handicapped parking spaces, fences, exterior walled areas, garages, vehicle delivery access doors, hangars, security features, garbage enclosure areas, and outdoor areas;
t. A demonstration that the proposed location is suitable for public access, the layout promotes safe dispensing of cannabis, it is sufficient in size, power allocation, lighting, parking, handicapped accessible parking spaces, ADA-accessible entry and exits, product handling, and storage;
u. Information sufficient to demonstrate that the proposed recreational cannabis dispensary complies with all applicable State laws and regulations, as such laws and regulations may be adopted or amended from time to time; and
v. Any other information or document that the Village's Principal Planner determines is reasonably necessary to consider that application for a special use permit.
(2) Limitation on Number of Special Uses. Not more than one special use shall be issued or outstanding at any one time for recreational cannabis dispensaries to be located in the Village.
(3) Operational Standards. The establishment, development, and operation of a recreational cannabis dispensary must comply with the conditions and restrictions set forth below, as well as any additional conditions set forth in the ordinance granting the special use:
a. No recreational cannabis dispensary, measured from property line to property line, may be located within: (i) 1,000 feet of any existing public or private preschool, elementary school, middle school, high school, day care center, day care home, group day care home, or part-day child care facility; (ii) 500 feet of any public park or property used for a residential use; and (iii) 1,500 feet of another dispensary;
b. No recreational cannabis dispensary shall be more than 5,000 gross square feet in area;
c. A recreational cannabis dispensary must comply with all applicable State laws and regulations, as such laws and regulations may be adopted or amended from time to time;
d. A recreational cannabis dispensary must have and maintain all required State licenses for the property, and a copy of such State licenses shall be framed and displayed in a place on the property that is conspicuous and open to the public;
e. No consumption of cannabis may be permitted on the premises of any recreational cannabis dispensary;
f. Signage and advertising:
i. A recreational cannabis dispensary shall be limited to: (a) one flat wall sign that does not exceed 10 square feet in area; and (b) one identifying sign that does not exceed two square feet in area, which identifying sign may include only the dispensary's address. Such signs shall not: (x) be directly illuminated; or (y) obstruct the entrance or windows of the recreational cannabis dispensaries;
ii. A recreational cannabis dispensary shall not have an electronic message board or any temporary signs on the exterior of the property;
iii. No signage on the exterior of a recreational cannabis dispensary may contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth, or any language terms referencing cannabis, or any slang or street terms commonly associated with cannabis;
iv. Notwithstanding anything to the contrary in Section 2.13(3)(e)(i), a recreational cannabis dispensary must post a sign with text that is clearly legible and conspicuous immediately adjacent to all entrances that includes the following language: "Persons under the age of 21 are prohibited from entering unless a qualifying patient with a prescription issued under the Compassionate Use of Medical Cannabis Program Act."; and
v. The exterior of all bags, sacks, totes or boxes provided to customers to carry cannabis out of the recreational cannabis dispensary must be opaque and without text or graphics advertising or identifying the contents of the products contained within;
g. Recreational cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.)and the Cannabis Regulation and Tax Act.
h. Recreational cannabis dispensaries may not have a drive-through service window;
i. Any cannabis, cannabis-infused products, or cannabis waste on the premises of a recreational cannabis dispensary must be stored within secure refuse containers located within a restricted access area at all times prior to the destruction and disposal thereof, which destruction and disposal must be performed pursuant to all applicable State laws and regulations, as may be amended from time to time;
j. All waste other than cannabis waste must be stored within dumpsters or garbage cans located within areas of a fully enclosed building, with operable doors closed at all times other than during loading and unloading;
k. All recreational cannabis dispensaries must be equipped with a secure unloading space for the reception of deliveries of recreational cannabis and recreational cannabis infused products, which space must be: (a) located within an enclosed area of the principal structure in which the recreational cannabis dispensaries operates; (b) secured by doors that are closed and locked during all times that deliveries of recreational cannabis or recreational cannabis infused products are unloaded; and (c) a restricted access area. A recreational cannabis dispensary may only have cannabis unloaded, and accept deliveries of cannabis and cannabis infused products in, the secure unloading space;
l. Recreational cannabis dispensaries must comply and timely pay all State and local taxes, including, without limitation, the Village's cannabis retailers' occupation tax and municipal retailers' occupation tax; and
m. All personnel working at a recreational cannabis dispensary shall: (i) be at least 21 years of age; and (ii) meet any applicable training and certification requirements required by the State.
2.00-A Establishment of New Uses
The use of a structure or lot established after the effective date of this Ordinance shall be for a use which is herein specified as a Permitted, Special Accessory or Temporary use in the district regulations applicable to the district in which such structure or lot is located.
2.00-B Existing Building Permits
Where a building permit for a structure has been issued in accordance with law prior to the effective date of this Ordinance and where construction has commenced within six (6) months of such effective date and is completed within two (2) years of such effective date, the structure may be completed in accordance with the approved plans, and further, may upon completion be occupied under a certificate of occupancy for the use originally designated subject thereafter to the provisions of Article 10, Nonconformities.
2.00-C Existing Uses
1. Where the use of a structure or lot existing at the time of the adoption of this Ordinance is rendered nonconforming under the provisions of this Ordinance, the provisions of Article 10, Nonconformities, shall apply to such use, except as otherwise provided herein.
2. Where a structure and the use thereof or use of a lot lawfully exists on the effective date of this Ordinance, and is classified by this Ordinance as a special use in the district in which it is located, such use shall be considered a lawful Special Use. A Special Use permit issued in accordance with procedures herein set forth shall be required for any expansion or change of such existing legal structure or Special Use.
3. Multiple Use Unified Development shall be classified as a special use planned unit development in the C-2 Outlying Commercial District, and shall be considered a lawful special use planned unit development, Application for a Multiple Use Unified Development shall be permitted in accordance with the procedures set forth herein for special uses, except that the standards and required findings shall be the same as the standards and required findings set forth for a special use planned unit development. Approval of a Multiple Use Unified Development for a tract of land shall not affect the rights of a property owner to develop the property in conformance with the provisions of the underlying zoning district; however, an applicant or property owner who has applied for and obtained the approval of a Multiple Use Unified Development shall forfeit its rights to develop the property in conformance with the provisions of the underlying zoning district and shall have the obligation to complete the Multiple Use Unified Development as set forth by the ordinance approving the application for a Multiple Use Unified Development. An amendment to a Multiple Use Unified Development shall be required for any expansion or change of any structures or uses existing as part of the Multiple Use Unified Development. An amendment to a Multiple Use Unified Development shall be permitted in accordance with the procedures set forth herein for amendments to a special use planned unit development. (Ord. O-18-05)
2.00-D Existing Unlawful Uses
Any unlawful use existing at the time of the adoption of this Ordinance which is also in conflict with the requirements of this Ordinance shall remain unlawful hereunder.
2.00-E Number of Buildings on a Zoning Lot
Not more than one principal detached building shall be located on any Zoning Lot, except in the case of Planned Unit Developments and Multiple Use Unified Developments. (O-24-06)
2.00-F Open Use
Where a lot is to be utilized for a permitted use without structures, the required yards for such lot shall be provided and maintained as set forth in this Ordinance.
2.00-G Uses Not Specifically Permitted in Districts
When a use is not specifically listed as a Permitted, Special or Temporary use, such use is hereby expressly prohibited, unless by application and authorization as provided for under Unique Uses, Article 13.12.
2.00-H Number of Principal Uses on a Zoning Lot
Not more than one principal use shall be permitted on a Zoning Lot unless otherwise provided for in this Ordinance. (O-24-06)
2.00-I Single Family Residences Constructed on Illegally Created Parcels. (Ord. O-94-04)
If prior to the adoption of this amendatory ordinance a single-family residence had been constructed pursuant to a building permit and thereafter the portion of the lot on which the single family residence was constructed was separated from the original lot in contravention of Village Ordinances, the single family residence shall be considered to be legally constructed and shall be subject to the provisions regulating expansion and restoration just as properties qualifying as a lot of record. A single family residence may receive such treatment only if:
1. The single family residence was constructed pursuant to a building permit issued on the basis of including the entire lot to satisfy the minimum bulk requirements of the governing zoning district;
2. Subsequent to issuance of the building permit, the portion of the lot on which the single family residence was constructed was separated from the entire lot in contravention of the Village ordinances;
3. Both the single family residence parcel and the remaining portion of the lot are under separate and distinct ownership.
In no event shall a building permit be issued for the undeveloped portion of the lot which resulted from the separation of the single family residence parcel from the entire lot. If the single family residence parcel does not meet the zoning district bulk requirements and/or the single family residence encroaches into any required setback, any expansion, redevelopment or restoration of the single family residence shall conform to the provisions of Article 10 hereof.
2.00-J Erroneously Issued Permits (O-94-04)
In the event a single family residence has been constructed and:
1. The building permit applicant believed the property qualified as a buildable lot; and
2. The Village issued a building permit; and
3. Subsequent to the completion of the single family residence and the issuance of an occupancy permit it was determined that the property did not qualify as a buildable lot and was not entitled to building permit, said single family residence shall nonetheless be deemed to be legally constructed. All zoning district regulations and provisions governing single family residences shall apply including, but not limited to, those provisions governing bulk, setbacks, use, restoration in the event of casualty loss, redevelopment and expansion; said single family residence shall nonetheless be deemed to be legally constructed. All zoning district regulations and provisions governing single family residences shall apply including, but not limited to, those provisions governing bulk, setbacks, use, restoration in the event of casualty loss, redevelopment and expansion.
2.01-A New Buildings or Structures
Each new building or structure shall conform with the bulk regulations established herein for the district in which such building or structure is located.
2.01-B Existing Building or Structures
No existing building or structure shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this Ordinance for the district in which such building or structure is located.
2.01-C Previously Approved Lots of Record
All previously approved lots of record may be improved subject to the requirements of Sec. 10.02-A of this Ordinance.
2.01-D Building Height
No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the maximum building height of the zoning district in which it is located except for:
1. Building Appurtenance and Accessory Structures
a. Group A
Chimneys, commercial radio and television broadcasting towers, fire towers and water towers may exceed the maximum building height by not more than twenty-five (25) feet.
b. Group B
Bell towers, spires, scenery lofts and steeples may exceed the maximum building height of the district in which they are located by not more than twenty-five (25) feet. Amateur and citizen band antennas may be erected to a height not to exceed sixty (60) feet as measured from grade, except those made of wood which shall not be more than twenty (20) feet high, measured from grade.
c. Group C (Ord. O-12-09)
Cooling towers, elevator bulkheads, flagpoles, mechanical appurtenances, parapet walls, radio and television receiving antennas, recreational facilities, roof gardens and skylights may exceed the maximum building height by not more than twelve (12) feet except as provided for in Group B.
d. Group D (Ord. O-06-08)
Golf ball netting structures located on golf course property consisting of poles with a height not to exceed 58 feet and including netting suspended between poles designed to stop driving range golf balls from entering adjacent property.
2. Planned Unit Developments
Buildings in Planned Unit Developments may not exceed the maximum building height established for the district in which the structure is located except as provided for in Article 12, Planned Unit Development.
2.02-A Continued Conformity with Yard Regulations
The maintenance of yards, other open spaces and minimum lot area legally required for a building within a zoning district shall be a continuing obligation upon the owner of such building or property. Furthermore, no legally required yard, other open space or minimum lot area allocated to any building shall by virtue of change of ownership or for any other reason be used to satisfy yard, other open space or minimum lot area requirements for any other building.
2.02-B Division of Zoning Lot (Ord. 0-90-43) (Ord. O-94-04)
No zoning lot shall be hereafter divided into two (2) or more zoning lots unless all zoning lots resulting from such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located. If a lot is built upon under one building permit, then divided, it can only be so divided if each newly created lot, or portion of the original lot, is platted as a numbered lot in a recorded subdivision and conforms to the Subdivision Regulations of the Village of Deerfield. No zoning lot within a residential district shall be hereinafter divided so as to create a Lot-in-Depth as that term is defined in Article 14.
2.02-C Location of Required Yards and Open Space
All yards and other open spaces allocated to a structure or use shall be located on the same zoning lot as such structure or use, except as otherwise provided in this Ordinance.
2.02-D Determination of Yards in Particular Cases
1. Established Setbacks
Where lots comprising forty (40) percent or more of the frontage on a block are developed with buildings having front yards of greater depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
2. Corner Lots
On corner lots, the front yard shall face the shortest street dimension of the lot.
3. Through Lots
a. On through lots the front lot line shall be determined by the Director of Building and Zoning. However, when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right-of-way line, that right-of-way line shall be the front lot line on all remaining through lots in that block.
b. On through lots, all front yard requirements shall apply to the required rear yard unless such rear yard is properly screened by a screening fence or landscaped screening at least five (5) feet in height.
4. Setbacks Along Streets and Thoroughfares
a. Existing Structures
Minimum setbacks for existing structures on lots abutting a street or thoroughfare shall be the distance required for a front yard, or corner side yard, in the district in which such lots are located, measured from the existing right-of-way line of the street or thoroughfare.
b. New Structures
Minimum setbacks for new structures on lots abutting a street or thoroughfare shall be the distance required for a front yard, or corner side yard in the districts in which such lots are located, measured from the existing right-of-way line as designated on the official map of the Village, or as duly established by other Ordinances and recorded or established setbacks of the Village, or as established by the Director of Building and Zoning, or as established by county or state highway authorities, whichever has the greatest right-of-way width requirements.
2.02-E Permitted Obstructions in Required Yards
Required yards shall be unobstructed from the ground level to the sky except for the following permitted obstructions when located in the required yard specified and in conformance with the sight-line regulations of the Village:
1. In All Yards
a. (Ord. 0-87-67)
At grade patios but not including a permanent roofed over patio or porch;
b. Awnings and canopies, projecting four (4) feet or less into the yard;
c. Steps or ramps four (4) feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street;
d. Chimneys, projecting eighteen (18) inches or less into the yard;
e. Arbors and trellises;
f. Flagpoles;
g. Window unit air conditioners, projecting not more than eighteen (18) inches into the yard;
h. Fences and Walls, subject to applicable restrictions;
i. Signs, subject to the applicable restrictions of Article 9;
j. Ornamental Light Standards;
k. Trees, Shrubbery and Other Plantings;
l. Temporary Uses and structures subject to Article 11.
2. In Front Yards
a. One Story Bay Windows, projecting three (3) feet or less into the yard;
b. Overhanging Eaves and Gutters, projecting three (3) feet or less into the yard.
3. In Side Yards
a. Overhanging Eaves and Gutters, projecting eighteen (18) inches or less into the yard;
b. Parking of Recreational Vehicles, subject to the applicable restrictions of Article 2.
4. In Rear Yards
a. One-Story Bay Windows, projecting three (3) feet or less into the yard;
b. Overhanging Eaves and Gutters; projecting three (3) feet or less into the yard;
c. Permitted Accessory Structures, subject to the applicable restrictions of Article 2;
d. Attached heating and cooling compressor units projecting not more than four (4) feet into the yard;
e. (Ord. 0-87-67)
Raised decks, swimming pools and their accessory structures, and tennis courts may be located in required rear yards but in no event shall they be located closer than eight (8) feet from any lot line.
5. Control Over Specific Obstructions (Ord. 0-87-67)
a. Raised decks, swimming pools and their accessory structures, and tennis courts shall be located in relation to side lot lines as provided for under the applicable district regulations but in no event shall they be located closer than eight (8) feet from any lot line.
2.02-F Exclusion of Drainage District Easements
Where a lot line is subject to an easement to a drainage district for maintenance or improvement of a ditch or waterway for surface water drainage, the area subject to such easement shall not be considered in meeting the requirement of this Ordinance for minimum lot area, maximum lot coverage and minimum yards.
2.02-G Exclusion of Easements for Private Road Rights-of-Way
Where a lot is subject to an easement for a private road right-of-way, the area subject to such easement shall not be considered in meeting the requirements of the Ordinance for minimum lot area, maximum lot coverage and minimum yards.
2.03-A Standards
Accessory Uses are permitted in any zoning district in connection with any use which is permitted within such district. An Accessory Use is a building, structure or use which:
1. Is customarily incidental and subordinate to and serves a principal use;
2. Is subordinate in area, extent and purpose to the principal building or principal use served;
3. Contributes to the comfort, convenience, or necessity of occupants in the principal building or principal use served; and
4. Is located on the same zoning lot as the principal building or principal use served.
2.03-B Time of Establishment
An accessory use shall not be established on any lot prior to the establishment of the principal use to which it is accessory.
2.03-C Attached Accessory Structure
An attached accessory structure shall comply with all district regulations applicable to the principal structure.
2.03-D Detached Accessory Structures (Ord. 0-86-22)
Detached Accessory Structures:
1. Shall not be located in the required front or side yards;
2. Shall not occupy more than thirty (30) percent of the required rear yard;
3. Shall be at least ten (10) feet from the principal structure;
4. Shall not exceed the height of the principal structure or twenty (20) feet in height, measured from the grade level of the principal structure, whichever is less, except that an accessory antenna shall not exceed sixty (60) feet measured from the grade level of the principal structure;
5. Shall be located in relation to lot lines as provided for in the applicable district regulations, except that, irrespective of the foregoing, raised decks, swimming pools and their accessory structures and tennis courts shall be located no closer than eight(8) feet from any lot line;
6. Shall not be located in the required rear yard in the C and I districts. If any property line in a C or I district abuts a residential district, an accessory structure shall not be located within twenty-five (25) feet of said property line.
7. A treehouse, when located in the rear yard, and not in a front or side yard abutting a street, shall be subject to the following additional requirements: (Ord. O-20-2)
a. The treehouse shall not exceed 100 square feet;
b. The height of any portion of the treehouse or anything attached thereto shall not exceed 20 feet measured from grade, and the height of the lowest platform of the treehouse shall not exceed the height of the lower one-third of the tree on which it is mounted; and
c. The treehouse shall have a minimum setback from all property lines of 10 feet.
8. Residential Detached Recreational Structures other than treehouses, when located in the rear yard, and not in a front or side yard abutting a street, shall be subject to the following additional requirements: (Ord. O-20-2)
a. The area of any roofed-over portion of the residential detached recreational structure shall not exceed 100 square feet;
b. The total height of the residential detached recreational structure or anything attached thereto shall not exceed 15 feet;
c. The residential detached recreational structure shall have a minimum setback of five feet from all property lines measured from the edge of the residential detached recreational structure and anything that projects therefrom, such as the furthest arc of a swing or other movable item attached to the structure."
9. A sports/recreational court, when located in the rear yard, and not in a front or side yard abutting a street, is subject to the following additional requirements:
a. The sports/recreational court must not exceed 30 percent of the required rear yard;
b. The height of any portion of the sports/recreational court or anything attached thereto must not exceed 20 feet measured from grade; and
c. The sports/recreational court must have a minimum setback from all property lines of at least 10 feet.
d. A sports/recreational court accessory to any dwelling located in any single family residential district must be buffered and screened by perimeter landscaped open space equal in width to the applicable required yard or 10 feet, whichever is greater, and consisting of an opaque fence, wall or densely planted evergreen hedge of not less than five feet in height in combination with other landscaping materials. Such screening shall be provided on all sides of the sports/recreational court that are visible from any adjoining property or any public or private street.
e. If sports/recreational court is accessory to a dwelling located in any single family residential district, the use of the sports/recreational court must be limited to the occupants of the residence and their guests. (Ord. O-24-07)
2.04-A Home Occupations (Ord.0-99-05)
There are permitted in all residential districts, home occupations which are businesses or occupations of the type which will be compatible with the character of the residential districts. Only those home occupations which will comply with the following standards, as well as all other regulations of the Village, will be permitted.
1. Standards
A permitted home occupation is limited to a business, profession, occupation, or trade that:
a. Is conducted for gain or support by a member(s) of the family domiciled in the dwelling unit who is also domiciled in the dwelling unit;
b. Is incidental and secondary to the use of such dwelling unit for dwelling purposes and the total area devoted to such home occupation shall not exceed 25 percent of the total habitable floor area of all permitted structures; and
c. Does not change the residential character of such dwelling unit or the neighborhood in which the property is located.
2. Employees
a. The person conducting the home occupation shall be domiciled in the dwelling unit where such occupation is conducted.
b. The maximum number of employees who work at the dwelling unit who are not domiciled in the dwelling unit shall not exceed two. "Employee" shall include anyone who comes to the residence to participate in the operation or conduct of the permitted home occupation but shall not include persons such as vendors and service providers who come to the residence to perform a specific service or deliver goods in the furtherance of the home occupation.
3. General Limitations
a. No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit.
b. Public utility services of the type generally associated with non-residential uses such as electrical services in excess of 400 amps and transformers and switching equipment associated with telephone services shall not be allowed.
c. No dwelling unit may be altered so as to provide a separate entrance for the home occupation.
d. There shall be no special structural alterations, or construction features made to the dwelling or permitted accessory structures, nor shall the installation of special equipment attached to walls, floors, or ceilings be permitted.
e. Where child day care is provided, a fenced outdoor play area is permitted in the rear yard only.
4. Operational Limitations
a. No activity shall be conducted on a residential lot unless it is conducted wholly within a principal structure or a permitted accessory structure, except as specifically permitted in conjunction with child day care.
b. Any wholesale, jobbing, or retail business which is conducted entirely by phone, mail, or by a parcel service which would typically deliver items to residences shall be permitted.
c. No stock in trade shall be displayed or sold on the premises of any home occupation so that it is visible from the street or from adjacent properties.
d. There shall be no signs, display, or activity that will indicate from the exterior that the building is being used, in part, for any purpose other than that of a dwelling.
e. No mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor or radiation outside the dwelling unit or any permitted accessory structure that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.
f. No outdoor storage shall be allowed in connection with any home occupation.
g. No refuse in excess of the amount allowable for regular residential pickup shall be generated by any home occupation.
h. Vehicles used in connection with any home occupation must be garaged when not being used in the occupation. When an automobile, pickup truck, or utility vehicle is used for both business and personal use, said vehicle need not be garaged if there is nothing on or about the vehicle which would indicate its business usage.
i. In-home instruction may only be conducted by the resident of the dwelling unit. Attendance of a maximum of four persons at any one time shall be permitted. In-home instruction for more than four persons at any one time may not be established unless authorized pursuant to a Special Use permit.
j. An in-home child day care facility serving more than four children may not be established unless authorized pursuant to a Special Use permit. Any use of an outdoor play area shall be supervised by the care provider. Children will not leave the day care provider's property unless supervised by an adult.
5. Signage and Visibility
a. No sign shall advertise the presence or conduct of the home occupation except as otherwise required by law and permitted as allowed by Article 9, Signs.
b. No home occupation shall be in any manner visible or apparent from any public or private street.
6. Traffic Limitations
No home occupation shall generate more traffic than is typical of residences in the area.
7. Nuisance-causing Activities
In addition to the foregoing specific limitations, no home occupation shall cause any nuisance, be noxious, offensive or create traffic hazards in the public streets.
8. Licensing Requirements
Every home occupation shall be subject to applicable licensing and inspection requirements.
9. Prohibited Activities
Clinics, doctor and dentist offices, health care and rehabilitation facilities, barber and beauty shops, dress and millinery shops, tea rooms, restaurants, tourist homes, animal hospitals, manufacturing, motor vehicle repair business of any type, and any type of repair businesses which would alter the residential character of the dwelling unit, and any other type of occupation which would alter the residential character of the dwelling unit and/or the neighborhood in which it is located are prohibited.
10. Garage Sales
Garage sales and home sales shall not be considered home occupations but shall be regulated as Temporary Uses in accordance with the provisions of Article 11, Temporary Uses and Structures.
11. Nonconforming Home Occupation
A home occupation which exists lawfully at the time of the adoption of this Ordinance but which employs more than two employees shall become a nonconforming use subject to Article 10 of the Zoning Ordinance upon the adoption of this Ordinance. Such nonconforming home occupation may not be renewed after the person owning and operating the business ceases operating said home occupation.
12. Registration of Nonconforming Home Occupation
To permit the continued operation of existing home occupations as described in the immediately preceding paragraph, the operator of any such business shall register the operation of said business with the Village of Deerfield in the manner provided by the Village no later than six months after the effective date of this Ordinance. Following registration the operator of any such business will be prohibited from increasing the number of employees at the dwelling in excess of the number then currently employed.
13. Special Use Lawful Home Occupation
Where a home occupation lawfully exists at the time of the adoption of this Ordinance, and is classified by this Ordinance as a Special Use, such a home occupation shall be considered a lawful home occupation pursuant to Article 2.04-A
14. Non-renewable Special Use Home Occupation
Any Special Use authorizing a home occupation shall become null and void and may not be renewed after the person owning and operating the business ceases operating.
2.04-B Air Rights
The development of air rights above land utilized for expressways, highways, railroads, streets and drainage channels, shall be in accordance with Article 12, Planned Unit Developments.
2.04-C Recreational Vehicles and Boats
1. Standards
a. At no time shall a parked or stored recreational vehicle or boat be used for living, sleeping, or housekeeping purposes. No recreational vehicle shall be connected to gas, water or sanitary sewer service. Temporary electrical hookup shall be permitted.
b. Recreational vehicles shall not be used as accessory structures in any district.
c. Recreational vehicles shall not have their wheels removed or be affixed to the ground so as to prevent ready removal of the vehicle.
d. Recreational vehicles and boats shall not be parked or stored in such a way as to create a dangerous or unsafe condition.
e. No major repair shall be performed on any recreational vehicle or boat except within a garage or accessory structure.
2. Parking and Storage Restrictions
a. Only one recreational vehicle or one boat conforming to the size restrictions stated below may be parked or stored in the open on a lot in a residential district. Recreational vehicles or boats exceeding the size restrictions below shall not be stored or parked in a residential district.
b. Recreational vehicles and boats may be parked or stored in the interior side yards, rear yard and required front yard on the driveway.
3. Size Restrictions
No recreational vehicle or boat parked in a residential district shall exceed:
a. Ten (10) feet in height excluding mast.
2.04-D Tents
Except as otherwise provided herein under Temporary Uses, tents shall not be erected, used or maintained on a lot except such tents as are customarily used for recreational purposes. Such recreational tents shall be located on the same lot as a dwelling and shall not be allowed within the required front or side yard. All uses of tents other than recreational shall be regulated as Temporary Uses in accordance with Article 11, Temporary Uses and Structures.
2.04-E Storage of Refuse
The open storage of refuse, scrap or building debris is prohibited in all zoning districts. All such material shall be kept in enclosed containers while awaiting removal and stored as follows:
1. In Residential Districts
a. Location
All containers shall be in conformance with the Municipal Code restrictions on refuse removal and shall be kept to the rear or side of the principal structure or within a garage or accessory structure, except at those times designated for removal.
2. In Non-Residential Districts
a. Location
All containers shall be in conformance with the Municipal Code restrictions pertaining to refuse removal. Such containers shall be stored in a neat and orderly fashion and properly secured so as not to interfere with or be hazardous to pedestrian or vehicular traffic.
b. Screening
All refuse containers shall be fully enclosed by a screening fence or landscaped screening of a height sufficient to screen such containers from view from adjoining properties and public or private ways.
2.04-F Storage of Building Materials
The storage of building materials and equipment shall be allowed only on a lot where a building permit has been lawfully issued by the Director of Building and Zoning. Such materials and equipment shall be stored in a neat and orderly fashion, and shall be removed as soon as they are no longer required for the permitted construction.
2.04-G Storage of Disabled Motor Vehicles
1. In Residential Districts
Disabled or damaged motor vehicles may be stored in the open within a required front yard in a residential district for a period not to exceed thirty (30) days. Major repairs shall not be made on such vehicles except within a garage or accessory structure.
2. In Non-Residential Districts
Disabled or damaged motor vehicles awaiting or under repair may be stored in the open in a non-residential district only on a lot where such storage and repair is customary in the operation of a lawfully established principal use. Such vehicles shall be removed or placed within an enclosed structure within thirty (30) days.
2.04-H Fences
This Article is intended to regulate the construction, placement and maintenance of fences and screenings as required or allowed in this Ordinance. Fences or screenings will be allowed as permitted or special uses which are not detrimental to the health, safety or welfare of the Village, and in addition do not diminish the rights of citizens to sufficient air and light and safety of travel and access throughout the Village. Fences or screenings will be required that are deemed necessary to insure the rightful enjoyment of all properties, to protect property values, to insure the safety of the public rights-of-way and to protect the public from dangerous or potentially dangerous uses.
1. General Regulations
a. Fences in the Right-of-Way
No fence shall be erected or maintained in any public right-of-way except those fences erected for the purpose of insuring the public safety by a public body having proper authority.
b. Barbed Wire and Electrically Charged Fences
The use of barbed wire or electrically charged fences is prohibited on all land used for residential purposes. The use of barbed wire or electrically charged fences may be approved as a special use on land used for other than residential purposes, but then only above a height of seven (7) feet.
All electrically charged fences shall be properly identified.
c. Maintenance of Fences and Screening
Any fence or landscaped screening used to satisfy the requirements of this Article or required as a condition of approval for a special use permit shall be continually maintained for the duration of the use involved.
d. Obstructions to Line of Sight
In no event shall any wall, fence or other structure or planting be placed or maintained in a location relative to a public or private street, alley, driveway or other means of ingress or egress such that the sight of oncoming vehicular or pedestrian traffic is impaired for users of such means of ingress and egress in accordance with regulations contained in the Municipal Code.
2. Fence Certificate Required
Anyone wishing to erect a fence within the Village of Deerfield shall obtain a fence certificate from the department of Building and Zoning.
3. Height Regulations
a. Front Yard Fences
No fence shall be erected or maintained in a front yard of any lot adjoining a public street in any district to a height greater than three (3) feet except as provided for in Article 2.04-I,2 or as a special use, below.
b. Side Yard and Rear Yard Fences
No fence shall be erected or maintained in a side yard or a rear yard in any district to a height greater than seven (7) feet except as provided for as a modification in Article 13, Administration and Enforcement.
4. Special Uses
The following are special uses which may be granted in accordance with the provisions contained in Article 13, Administration and Enforcement.
a. Front yard fences in any district over a height of three (3) feet.
b. Side or rear yard fences in any district over a height of seven (7) feet.
c. Barbed wire or electrically charged fences, but only above a height of seven (7) feet.
2.04-I Landscaped Screening
1. Non-Residential Uses
Where a non-residential use abuts property in a residential district at a side or rear lot line, or is separated from such property only by an alley along the side or rear lot line, such non-residential use shall be effectively screened along such lot line(s) by a screening fence or landscaped screening as defined in this Ordinance not less than seven (7) feet in height.
2. Off-Street Parking - Non-Residential Areas and Certain Multi-Family Residential Uses (Ord. 0-85-09)
The following landscaped and planted areas shall be provided for all parking areas for non-residential areas and multi-family uses providing parking for four (4) or more vehicles:
a. Front Yards
Permanent screening at least four (4) feet high shall be constructed and maintained in front yard areas adjacent to permitted side yard parking. This screening may consist of a planted earth berm, densely planted evergreen shrubs or trees or a combination of both.
b. Side and Rear Yards
Permanent peripheral screening at least five (5) feet high shall be constructed in side and rear yards adjacent to parking areas. This screening may consist of a planted earth berm, densely planted evergreen shrubs or trees, or a combination of both. In side and rear yards, the screening shall be so located and constructed as to not interfere or conflict with the use of any utility easements or utility installations existing or planned to be installed in these easement areas.
2.08-A Preamble/Purposes. The purposes of this Ordinance are to:
1. Provide for the appropriate location and development of TCSF to serve the citizens and businesses of the Village;
2. Minimize adverse visual impacts of TCSF through careful design, siting, landscape screening and innovative camouflaging techniques;
3. Maximize the use of existing TCSF so as to minimize the need to construct new TCSF;
4. Maximize and encourage the use of disguised support structures and lesser input facilities so as to ensure the architectural integrity of all areas within the Village in which TCSF are located or are to be located;
5. Encourage the location of TCSF in non-residential areas;
6. Minimize the total number of TCSF throughout the Village.
7. Strongly encourage the co-use of new and existing TCSF and lesser impact facilities.
8. Encourage users of TCSF to locate same, to the extent possible, in areas where the adverse impact on the Village is minimal.
9. Enhance the ability of the providers of telecommunications services to provide such services to the Village quickly, effectively, and efficiently.
2.08-B Definitions
As used in this Article 2.08 the following terms shall have the following meanings:
1. Antenna: Any device or array that transmits and/or receives electromagnetic signals for voice, data or video communication purposes including, but not limited to television, AM/FM radio, microwave, cellular telephone and similar forms of communications, but excluding satellite earth stations less than six (6) feet in diameter, any receive-only home television antennas and any antenna supported by a structure not greater than sixty (60) feet in height which is owned and operated by an amateur radio operator licensed by the FCC.
2. Antenna Support Structure: Any structure designed and constructed for the support of antennas, including any tower or disguised support structure, but excluding those support structures not greater than sixty (60) feet in height owned and operated by an amateur radio operator licensed by the FCC. For purposes of this Article the term antenna support structure shall also include any related and necessary cabinet or shelter.
3. Applicant: Any person, entity, association, partnership, corporation, trust, or title holder (as hereinafter defined) making application to the Village for the siting, construction, installation, or modification of telecommunication service facilities. The applicant shall include the telecommunication service provider and the titleholder of the property which is the subject of the application.
4. Building: A structure, other than a residence or residential facility, not constructed primarily for the support of antennas but which may be utilized for such purpose in accordance with the provisions of this Article.
5. Cabinet: A casing or console, not to include a shelter, used for the protection and security of communications equipment associated with one or more antennas, where direct access to equipment is provided from the exterior and the horizontal dimensions of which do not exceed four (4) feet by six (6) feet.
6. Co-Use: The location and use of two (2) or more antennas on a single antenna support structure.
7. Director: The Director of Community Development of the Village of Deerfield or his or her authorized designee.
8. Disguised Support Structure (DSS): Any free standing, man-made structure designed for the support of one or more Antenna, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include, but are not limited to, clock towers, campaniles, water towers, artificial trees, light standards, or similar alternative design mounting structures that camouflage or conceal the presence of TCSF.
9. FAA: The Federal Aviation Administration.
10. FCC: The Federal Communications Commission.
11. Free Standing Tower: A tower designed and constructed to stand alone on its own foundation and free of architectural or supporting frames or attachments, including but not limited to self-supporting (lattice) towers and monopoles.
12. Height: The vertical distance measured from the base of a structure at ground level to its highest point, including the main structure and all attachments thereto.
13. IEPA: Illinois Environmental Protection Agency.
14. Lesser Impact Facility: These facilities have antennas which are mounted on the roof deck of an existing building, or are installed on the existing building in a concealed fashion. The equipment required for such a facility would be located within the building on which the antenna is mounted, on the roof deck on the building, or on the ground adjacent to building.
15. Shelter: A structure for the protection and security of communications equipment associated with one or more antenna where access to equipment is gained from the interior of the structure.
16. TCSF: The collective use of the terms antenna, antenna support structure, cabinet, disguised support structure, free standing tower, shelter and tower to describe telecommunication service facilities.
17. Title Holder: The Trust holding title to the property upon which the TCSF is located, the beneficial owner of such Trust, the person with the power of direction over such Trust, or any other person or entity holding title to the property upon which the TCSF is located or the designated representative or agent of any of the foregoing.
18. Tower: A structure designed for the support of one or more antennas, including self-supporting (lattice) towers, mono- poles or other free standing towers, but not disguised support structures, buildings or lesser input facilities.
19. Village: The Village of Deerfield, an Illinois home-rule municipality.
20. Public Sites: Any parcel or parcels of property owned or controlled by the Village of Deerfield, or by a federal, state or local governmental entity, and which is classified in the P-1 Public Lands District, but not including highway, street or road rights-of-way, drainage easements, utility easements or other parcels that do not constitute a Zoning lot. (Ord.0-01-22)
21. Site Search Ring: The geographic areas determined by Applicant as technologically feasible for the location of Applicant's TCSF to provide, fill in or increase the coverage of Applicant's wireless telecommunications services.(Ord.0-01-22)
2.08-C Applicability
Deleted by ordinance O-01-17
2.08-D Special Policies - Site Selection
1. Public sites are preferred as TCSF sites. (Ord.0-01-22)
2. TCSF shall not be cited in any of the Village's zoning districts on any property which is used residentially.
3. Subject to the requirement as set forth for TCSF, locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening are preferred for the siting of TCSF.
4. TCSF must be architecturally and visually (color, bulk, size) compatible with surrounding existing buildings, structures, vegetation, and/or uses in the area or those likely to exist under the regulations of the underlying zoning district.
5. TCSF must be located to minimize any adverse effect they may have on neighboring property values.
6. TCSF must be located to avoid a dominant silhouette on ridge lines.
7. Preservation of view corridors of surrounding residential areas must be considered.
2.08-E General Criteria and Preferences
1. Building Codes and Safety Standards. To ensure the structural integrity of TCSF, the owner or operator of same shall ensure they are maintained in compliance with the standards contained in all applicable Village codes, including, but not limited to, the Building Code, and the applicable standards for TCSF that are published by the Electronic Industries Association, as amended from time to time. The more stringent of the codes shall apply. If, upon inspection, the Director concludes that a TCSF fails to comply with any one or more of such codes and standards and constitutes a danger to person or property, then upon notice being provided to the owner or operator of the TCSF and to the title holder of the property upon which the TCSF is located, the owner, operator or title holder shall have thirty (30) days to bring such TCSF into compliance with such standards. If the owner, operator or title holder fails to bring such TCSF into compliance within said thirty (30) days, the village may cause such TCSF to be removed at the expense of the owner, operator or title holder, as the case may be.
2. Regulatory Compliance. All TCSF must meet the current standards and regulations of the IEPA, if applicable, FAA, the FCC, and any other agency of the state or federal government with the authority to regulate TCSF. If such standards and regulations are changed, then the owners or operators of the TCSF governed by this ordinance shall bring such TCSF into compliance with such revised standards and regulations within one hundred twenty (120) days of the effective date of such change in standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Failure to bring TCSF into compliance with such revised standards and regulations shall constitute grounds for the removal of the TCSF at the expense of the owner, operator or title holder, as the case may be. All Applicants for installation of TCSF must provide the Director of Community Development Department with a certificate of compliance from each agency, federal or otherwise, having jurisdiction over the owner or operator for the siting, construction, installation or modification of the TCSF that the TCSF meets current standards and regulations of the IEPA, if applicable, the FAA, the FCC, or any other agency of the state or federal government with authority to regulate TCSF.
3. Security. All TCSF shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to site, construct, install or modify TCSF. Additional measures may be required as a condition of the issuance of any building permit as deemed necessary by the Director.
4. Lighting. TCSF shall not be lighted unless required by the FAA or other federal or state agency with authority to regulate TCSF, in which case a description of the required lighting scheme must be made a part of the application for the siting, construction, installation or modification of TCSF.
5. Advertising. Siting, construction or installation of advertising on TCSF is prohibited.
6. ID Plate. All TCSF equipment which is located at grade shall have the name of the provider and an emergency phone number (non-business hours) either lettered directly on the equipment or on a plate attached to the equipment.
a. The overall area of this sign shall not exceed two square feet.
b. Said sign must be appropriately located to provide information to emergency service provider and the Village.
7. Fire and Police Review. No TCSF antenna, antenna support structure, related electronic equipment and equipment enclosure shall be authorized unless the Police Department and the appropriate Fire Department having jurisdiction have issued a letter indicating that the location of all of the above will not impede the provision of emergency services to the property or the Village as a whole and the proposed location is acceptable.
8. Utility Services. All utility service lines required for the operation of a TCSF shall be installed under ground or, if not feasible, shall be installed in such a manner so as to create the least visual impact possible.
9. Compliance with Plans. Every TCSF antenna and antenna support structure shall comply with all plans approved by the Village.
10. Limited to Applicant. Every ordinance granting approval of a special permit for a free-standing TCSF antenna or antenna support structure shall state that any assignment or transfer of the special permit or any rights thereunder may be made only with the approval of the Board of Trustees.
11. Term Limitation. Every ordinance granting approval of a Special Use permit for a TCSF antenna or antenna support structure may provide that:
a. Where the provider is not the owner of the land on which such antenna or structure is located, the term of the special permit is limited to the term of the lease or other agreement granting rights to use the land; and
b. The special permit shall be subject to review by the Board of Trustees, at ten-year intervals, to determine whether the technology in the provision of wireless services has changed such that the necessity for the special permit at the time of its approval has been eliminated or modified, and whether the special permit should be modified or terminated as a result of any such change.
12. Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any TCSF shall, whenever possible, be located within a lawfully pre-existing structure on a roof deck, inside of the principal building on the property, or completely below grade. When a new structure is required to house such equipment, such structure shall be harmonious with, and blend with, the natural features, buildings, and structures surrounding such structure. Such a new structure shall not exceed fifteen (15) feet in height except as otherwise provided.
13. Public Sites. Public sites within the Applicant's Site Search Ring shall be considered by the Applicant for the proposed TCSF. Any application to locate proposed TCSF on a non-Public Site shall be accompanied by a written report identifying Applicant's Site Search Ring, identifying the Public Site(s) considered by the Applicant, and detailing the reasons that the Public Site(s) were found to be not feasible. (Ord.0-01-22)
2.08-F Miscellaneous
1. Vehicle or outdoor storage on the site of any TCSF is prohibited.
2. Temporary on-site parking for periodic maintenance and service shall be provided at all locations of TCSF.
3. Any TCSF no longer used for its original purpose shall be removed at the expense of the owner, operator or title holder. The owner or operator and applicable co-users, if any, shall provide the Village with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the TCSF and any related facilities. In the case of Co-Use, this provision shall not become effective until all users cease operations. Any TCSF not in use for a period of one hundred Twenty (120) days shall be deemed a public nuisance and may be removed by the Village at the expense of the owner, operator or title holder.
4. Any application for a Special Use shall include information on how the proposed site fits into the Applicant's overall telecommunications network in the Village and surrounding areas within a two (2) mile radius of the corporate limits of Deerfield.
5. Prior to the issuance of a building permit for the siting, construction, installation or modification of TCSF pursuant to a Special Use permit, the Village requires that the owner or operator must post a letter of credit acceptable to the Village as attached hereto in order to ensure the faithful performance of all conditions required of the owner or operator, including, but not limited to, the removal of the TCSF.
6. On the first day of January of each year after a building permit is issued for a TCSF, each owner or operator of a TCSF must provide the Director of Community Development Department with a certificate of continuing compliance from each agency, federal or otherwise, having jurisdiction over the owner or operator for the continued operation of the TCSF that the TCSF meets the standards and regulations of the IEPA, if applicable, the FAA, the FCC, or any other agency of the state or federal government with authority to regulate TCSF.
7. In the event that the owner or operator either refuses to obtain a certificate of compliance in accordance with the above or the certifying agency is unable to issue a certificate because of non-compliance, the owner or operator shall immediately cease provision of services until compliance is achieved.
8. If the owner or operator is not able to achieve compliance as described within one hundred (100) days from the date a certificate of continuing compliance is due, then and in that event, the owner, operator or title holder shall cause the TCSF to be removed, at its expense, from the siting location within thirty (30) days thereafter. If the TCSF is not removed, the Village shall have the option to remove same in accordance with the above.
9. If the owner or operator does not file a certificate of continuing compliance within thirty (30) days from the date set forth above it shall be conclusively presumed that the owner or operator is not in compliance with the standards and regulations of the IEPA, if applicable, the FAA, the FCC, or any other agency of the state or federal government with authority to regulate TCSF.
10. TCSF shall be governed by the above provisions and shall not be considered "Exempted Uses" as governed by Article 2.07.
2.08-G Free Standing TCSF
1. Siting Free standing telecommunication antennas shall be located on lawfully pre-existing antenna support structures or other lawfully pre-existing antenna support structures wherever possible. No special use permits authorizing construction of a new antenna support structure or addition to or expansion of an existing antenna support structure or existing building or structure shall be authorized unless the applicant is able to demonstrate that no lawfully pre-existing building or structure is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services.
2. I-1, I-2B. and C-2 districts. In the I-1 Office, Research, Restricted Industrial District, the I-2B Outlying Industrial District, and C-2 Outlying Commercial District, free-standing TCSF may only be approved in accordance with the following:
a. Free-standing TCSF may not be located on any properties or buildings which are used for residential purposes.
b. Free-standing TCSF may only be established as secondary use of the property on which it is to be located.
c. Free-standing TCSF may only be located on those properties which abut the railroad right-of-way, the Tollway Spur right-of-way, or the Tollway right-of-way.
d. Such facilities may only be located on those properties for which a Special Use for a Planned Unit Development has been granted.
e. Setback and location
(1) Free-standing TCSF may only be located in those portions of the perimeter setback which abut the railroad right-of-way, the Tollway Spur right-of-way, or the Tollway right-of-way.
(2) Such facilities shall be set back from adjacent properties which are not part of the Planned Unit Development in which the facility is to be located a distance equal to the required perimeter setback plus one foot for every foot of height of the free-standing tower.
(3) Where the property on which the TCSF is to be located abuts residentially zoned and used land, the tower shall be set back from such land a minimum distance equal to the required perimeter setback plus a distance equal to 300 percent of the height of the tower.
f. The maximum height of a free-standing TCSF may not exceed 100 feet as measured from the base of the facility, except as may be otherwise authorized in accordance with Article 2.08-F Co-Use/Free Standing TCSF and/or it is satisfactorily demonstrated that it is technologically unfeasible for the system to operate within the permitted height.
2.08-H Public Lands District
1. Free standing TCSF shall only be allowed pursuant to a Special Use in the P-1 District. (Ord.0-01-17)
2. Free-standing TCSF may only be established as the secondary use of the property on which it is to be located.
3. The maximum height of a free-standing TCSF may not exceed 60 feet as measured from the base of the facility 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.
4. TCSF shall be painted a neutral color consistent with the natural or built environment of the area surrounding the site.
2.08-I Co-use/Free-standing TCSF
1. Unless otherwise authorized by the Board of Trustees for good cause shown, every freestanding TCSF antenna support structure shall be designed, constructed and installed to be of a sufficient size and capacity to allow the location of additional antennas or at least one additional provider in the future. Any special permit for such a support structure may be conditioned upon the agreement of the applicant to allow co-location of other providers on commercially reasonable terms specified in such special permit.
All Applicants for a Special Use to allow for a siting, construction, installation or modification of a free-standing TCSF shall:
a. Submit a notarized statement agreeing to make the proposed TCSF available for use by other telecommunications providers, subject to reasonable technical limitations.
b. Furnish an inventory of all known TCSF and potential building sites located within one-half mile of the proposed TCSF, identifying the owner of same as well as the TCSF type and reference name or number, if applicable, and the street location, height, type and mounting height of existing antennas and an assessment of available space for the placement of additional antennas, shelters and/or cabinets. The Applicant shall further demonstrate that request has been made for co-use of each existing building or TCSF from the owner thereof and/or shall indicate why such co-use is inappropriate or was otherwise not allowed.
c. The Applicant shall demonstrate how the proposed site fits into the Applicant's overall telecommunications network in the Village and surrounding communities within a two (2) mile radius thereof.
2. Prior to the adoption of the ordinance authorizing the Special Use for the siting, construction, installation or modification of TCSF the Applicant shall:
a. Notify in writing any other known potential telecommunication service providers in the area that the structure is available for co-use. Copies of said notices and proof of mailing must be placed on file with the Village.
b. The notice shall allow potential co-users thirty (30) days within which to express any interest in co-use, during which time the Applicant shall not commit to a design for the structure which precludes co-use, and the Village shall not adopt the Special Use ordinance.
3. The willful and knowing failure of an Applicant to agree to co-use or to negotiate in good faith with potential co-users may be cause for cause for either the denial of a pending application, the revocation of an existing, Special Use, and/or the withholding of future permits.
4. A free-standing TCS antenna support structure may be constructed or modified to exceed height limitations to accommodate co-use, provided however, that the Applicant may request an extension of twenty (20) additional feet per co- user, whether actual or anticipated, up to a limit of forty (40) additional feet. The Village may also require the Applicant of new construction to exceed the applicable height limitation, regardless of whether a co-user is immediately available to share space with the Applicant.
2.08-J Design
1. Guyed Towers and lattice work towers are prohibited
2. Human occupancy in a shelter for office or other uses or storage of materials and equipment not in direct support of TCSF is prohibited.
3. TCF shall be painted a neutral color consistent with the natural or built environment of the area surrounding the site.
4. Shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the area surrounding the site, and other reasonable design guidelines as may be applicable.
5. Screening TCF which are located on the ground shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. Said landscaping strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum of six (6) foot high decorative fence or wall may be approved upon demonstration by the Applicant that an equivalent degree of visual screening is achieved.
6. Color. Every free-standing TCSF antenna shall be of neutral colors that are harmonious with, and blend with, the natural features, buildings and structures surrounding such antenna and antenna support structures.
7. Protection against Climbing. Every TCSF antenna and antenna support structure shall be protected against unauthorized climbing or other access by the public.
2.08-K Disguised Support Structures (DSS)
1. 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. (Ord.0-01-17)
2. The minimum setback for a DSS from the property line shall be that required for principal structures in the applicable zoning district, plus three (3) feet for every one (1) foot in height of the DSS unless otherwise authorized.
3. DSS may only be established as a secondary use of the property on which it is to be located.
4. The maximum height of a DSS may not exceed the following:
a. On those properties which are zoned P-1, Public Lands District or are residentially zoned but are 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.(Ord.0-01-17)
b. On those properties which are zoned C-2, Outlying Commercial District, I-1, Office, Research, Restricted Industrial District, or I-2, 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 2.08-I. (Ord.0-01-17)
2.08-M Lesser Impact Facilities (LIF)
1. The Village strongly encourages the use of LIF whenever technologically possible.
2. Lesser impact facilities (LIF) shall be considered a permitted use in the C-2, Outlying Commercial District, the I-1, Office, Research, Restricted Industrial District, and the I-2, Limited Industrial District. LIF may not be constructed on any property or building which is used for residential purposes.
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.(Ord.0-01-17)
4. LIF may only be established as a secondary use of the property or building on which it is located.
5. Lesser impact facilities antennas attached to a building shall be of a color identical to or closely compatible with the surface to which they are mounted.
6. Antennas mounted on buildings must be made to appear as unobtrusive as possible. Such antennas may be located on the roof no closer than ten (10) feet from the edge of the building and must be painted a color consistent with the natural or built environment of the site.
7. Antennas mounted on the roof deck of a building or on a penthouse or other similar structure located on the roof deck may not extend more than twenty (20) feet above the deck. Antennas may extend more than twenty (20) feet above the deck if approved as a Special Use.
2.08-N Antennas
Roof mounted antennas shall be located on a pre-existing building and shall conform with the following unless otherwise provided in this ordinance:
1. Omnidirectional or whip antennas shall not exceed six (6) inches in diameter and twelve (12) feet vertically, and
2. Directional or panel antennas shall not exceed three (3) feet horizontally and six (6) feet vertically.
2.08-O Equipment Enclosures and Support Structures
1. All electronic and other related equipment and appurtenances necessary for the operation of any TCS antenna shall be located within the pre-existing building on which the antenna is located.
2. If it is demonstrated that it is not feasible to locate the equipment within the building, said equipment may be mounted on the roof deck of the pre-existing building on which the antenna is mounted.
a. All such equipment and antenna support structures shall be shielded from view from any point located off the zoning lot on which the building is located to the greatest extent possible
b. All roof mounted equipment and support structures shall be of neutral colors that are harmonious with, and that blend with the natural features, buildings and structures surrounding such antenna and antenna support structures. However, directional or panel antennas and omnidirectional or whip antennas located on the exterior of the building that will also serve as an antenna support structure shall be of colors that match, and cause the antenna to blend with, the exterior of the building.
3. If it is demonstrated that it is not feasible to locate the equipment within the building or on the building, the equipment may be located on the ground adjacent to the building in the least conspicuous location possible from the front of the property.
a. All equipment which is to be located in accordance with the above shall be of neutral colors that are harmonious with, and that blend with the natural features, buildings, and structures surrounding such equipment. The colors should match and cause the equipment to blend with the exterior of the building.
b. In no event may the equipment located adjacent to the building exceed the height of the building.
c. Screening. All equipment which is located at grade shall be screened in accordance with requirements.
2.10-A Purpose and Intent
1. To establish reasonable and uniform regulations for the location, installation, operation, and maintenance of wind, solar, and geothermal energy systems.
2. To assure that any development and production of wind, solar, and geothermal generated electricity in the Village of Deerfield is safe and to minimize any potentially adverse effects on the community.
3. To promote the supply of sustainable and renewable energy resources, in support of national, state, and local goals.
4. To facilitate energy cost savings and economic opportunities for Deerfield residents and businesses.
2.10-B Definitions
As used in this Article 2.10 the following terms shall have the following meanings:
1. Abandonment: Any Wind Energy System (WES) that has not been repaired to operating condition within the reasonable timeframe identified by the Village of Deerfield, as provided in this ordinance.
2. Ambient Sound: The all-encompassing sound at a given location, usually a composite of sounds from many sources near and far. For the purpose of this ordinance, the "ambient sound level" shall mean the quiescent background level, that is, the quietest of ten 10-second average sound levels measured when there are no nearby or distinctly audible sound sources (e.g., dogs, cars in line-of-sight, or jets).
3. Applicant: The Owner, who is in the process of submitting or has submitted an application to install an Alternative Energy System project in the Village of Deerfield.
4. Building-Integrated Solar Energy System: A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, skylights, shading devices and similar architectural components.
5. Building-Mounted Solar Energy System: A solar energy system that is mounted on the façade or roof of either a principal or accessory structure.
6. Building-Mounted Wind Energy Systems (BWES): Wind Energy Systems that are structurally attached either onto the roof of or to the side of a building.
7. Decibel (dB): The unit of sound level based on a reference where 0 dB represents the threshold of hearing at 1000 Hz for a healthy young adult.
8. Decommissioning: Once a WES has been deemed inoperable or abandoned its components must be disassembled and removed from the premises, including the foundation. Upon removal, the site shall be restored to its original pre-construction condition.
9. FAA: The Federal Aviation Administration of the United States Department of Transportation.
10. FCC: The Federal Communications Commission.
11. Flush-Mounted Solar Energy System: A solar energy system that is mounted flush with a finished surface, at no more than six (6) inches in height above that surface.
12. Geothermal Energy System: A sealed, watertight loop of pipe buried outside of a building foundation, intended to re-circulate a liquid solution through a heat exchanger. This includes but is not limited to: vertical closed loop, horizontal closed loop and body of water closed loop systems.
13. Ground-Mounted Solar Energy System: A solar energy system not attached to another structure and which is ground mounted.
14. High Quality Aquatic Resource: Waters of the United States or Isolated Waters of Lake County that are determined to be critical due to their uniqueness, scarcity, function and/or value.
15. Horizontal Axis Wind Turbine (HAWT): A wind turbine with a main rotor shaft and generator at the top of the tower, and which must be pointed into the wind. A HAWT typically has a gearbox, which turns the slow rotation of the blades into a quicker rotation that is more suitable to drive an electrical generator.
16. IDNR: The Illinois State Department of Natural Resources.
17. Nacelle: The part containing the shaft, gear box, and generator in a typical horizontal axis turbine.
18. Nameplate Wattage: The amount of energy produced from a Wind Energy System at maximum or optimum wind speeds within one hour, as indicated by the manufacturer.
19. Neighboring Property: Any property within 500 feet of a BWES or SWES.
20. Nonparticipating Property: A property that is not owned by the Owner of the property on which the WES is proposed or installed.
21. Photovoltaic Cell: A semiconductor device that converts solar energy into electricity.
22. Operational condition: WES facilities being capable of operating at full capacity while meeting all sound, shadow flicker and other permit conditions.
23. Owner: The person(s), who hold(s) title of the property on which an alternative energy facility is installed.
24. Participating Property: A property that is owned by the Owner of the property on which the WES is proposed or installed.
25. Professional Engineer: A qualified individual who is licensed as a professional engineer in the State of Illinois.
26. Shadow Flicker: The on-and-off strobe light effect caused by the shadow of moving blades cast by the sun passing above the turbine. Shadow flicker intensity is defined as the difference or variation in brightness at a given location in the presence and absence of a shadow.
27. Silhouette: The widest diameter of a building-mounted WES, including the area covered by moving blades, as viewed from the front elevation, described in square feet.
28. Small Wind Energy Systems (SWES): Free-standing, tower-mounted wind energy systems with a system height measuring 75 feet or less from the ground. SWES facilities are accessory structures that generate power for local distribution and consumption.
29. Solar Energy System: An active or passive system for which the primary purpose is to convert solar energy into thermal, mechanical or electrical energy for storage and use.
30. Solar Panel: A group of photovoltaic cells are assembled on a panel. Panels are assembled on-site into solar arrays.
31. Sound Level: The A-weighted sound pressure level in decibels (dB) (or the C-weighted level if specified) as measured using a sound level meter that meets the requirements of a Type 2 or better precision instrument according to ANSI S1.4. The "average" sound level is time-averaged over a suitable period (say 1-minute) using an integrating sound level meter that meets the requirements of ANSI S12.43.
32. Structural Engineer: An engineer who is licensed and registered to practice structural engineering in the State of Illinois under the Illinois Structural Engineering Act and whose principal professional practice is in the field of structural engineering.
33. Sun Glint: The reflection of sunlight off of a surface of the blades, tower, or other component of the WES.
34. System Height: The distance from the ground to the highest point of the WES, including the highest reach of the blades.
35. Vertical Axis Wind Turbine (VAWT): A small scale wind turbine, in which the main rotor shaft is arranged vertically. The generator and gearbox are located near the ground so the tower does not have to support it and it is more accessible for maintenance.
36. Wind Energy System (WES): A wind energy production, conversion and distribution system consisting of a wind turbine, tower, and associated electronics equipment.
37. Tower: The structure on which the WES is mounted.
38. Turbine: The parts of a WES including the blades, nacelle and tail.
2.10-C Wind Energy Systems
1. Requirements for Building-Mounted Wind Energy Systems (BWES)
a. Building-Mounted Wind Energy Systems (BWES) Building Permit Application Requirements
(1) Zoning Districts
i. A BWES shall be a Special Use in all residential zoning districts.
ii. A BWES shall be allowed as a Permitted Use in any non-residential zoning district, provided that all building permit requirements and general regulations are met including the Building Code, Zoning Ordinance and the requirements referenced herein.
iii. On a property that is used for residential purposes, BWES shall be only Vertical Axis Wind Turbines (VAWT), and Horizontal Axis Wind Turbines (HAWT) shall be prohibited.
(2) Zoning Districts
Building-Mounted Wind Energy Systems (BWES)
(3) Project Proposal
i. Name, address and phone number of Owner and Applicant.
ii. Project summary including the manufacturer information and number of proposed turbines.
iii. Photos of the proposed location of BWES.
iv. A front elevation depiction of the building showing location and proposed height of the top of the turbine from the top of the building.
(4) Engineering
i. Manufacturer's engineering specifications of the turbine, nameplate wattage capacity, dimensions of the turbine unit, mounting mechanisms, expected load and expected sound level production that must fit within the Sound Level standards below.
ii. All BWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.
iii. Each BWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from one of the following: Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.
(5) Braking Systems
i. BWES facilities shall be equipped with automatic and manual braking systems.
ii. The Owner shall be required to immediately cease operations as reasonably requested by the Village of Deerfield.
(6) Insurance
Proof of homeowner or business liability insurance, as appropriate.
(7) Electric Utility
Approval letter from the local electric utility company, if the system is to be tied to the energy grid.
b. Additional Standards for Building-Mounted Wind Energy Systems (BWES)
(1) Installation
i. BWES facilities must be installed according to manufacturer specifications.
ii. BWES devices may be structurally attached either on the roof or on the side of a building, in accordance with the Village of Deerfield's Building Code.
iii. Electrical connections must be made by a licensed electrician.
iv. The blade tip, at its lowest point, shall have ground clearance of not less than fifteen (15) feet.
v. No support structure tower used for a BWES shall be either a lattice tower or supported by guy wires.
(2) Height
BWES facilities shall be allowed at the height of fifteen (15) feet above the highest point of the building structure, but in no case shall exceed forty-five (45) feet above the ground in a residentially zoned district.
(3) Sound Levels
i. The average sound level from a BWES shall not exceed fifty (50) dB(A) at any point within neighboring, residentially zoned or used property. For neighboring industrial properties the sound level limit is sixty-five (65) dB(A) and for other neighboring non-residential properties, the sound level limit is sixty (60) dB(A) at any time of the day.
ii. No BWES shall operate with an average sound level more than 5 dB(A) above the non-operational ambient level, as measured within any neighboring residentially zoned or used property.
iii. If more than one (1) WES is located on a property, the average sound level shall be cumulative, and the total sound from all WES on the property shall not exceed the allowable decibel level.
iv. To limit the level of low-frequency sound, the average C-weighted sound level during BWES operation shall not exceed the A-weighted ambient sound level by more than twenty (20) dB.
v. Sound level meters used for sound measurement must be a Type 2 or better grade per ANSI S1.4 and must have an integrating feature that meets ANSI S1.43. Procedures must meet the applicable portions of ANSI S12.9. Measurements must be made when ground level winds do not exceed 5 miles per hour.
vi. The Village of Deerfield may require, at the Owner's expense, field tests or sound propagation modeling, conducted by or supervised by an acoustics specialist certified by the Institute of Noise Control Engineering as may be necessary, to determine whether a violation of said sound regulations is occurring or has occurred. The Owner shall be required to promptly remedy any such violations or discontinue operation.
(4) Shadow Flicker
i. The BWES shall be sited such that shadow flicker will not fall on any window of an existing residential dwelling of an abutting nonparticipating property for more than one hour a day.
ii. The Applicant may commit to a schedule for turning BWES turbines off during periods when shadow flicker would affect any nonparticipating residential dwelling.
iii. Subsequently constructed or modified residences shall not compromise the existing approval and operation of the BWES, as a legal non-conforming use, subject to the applicable regulations.
(5) Silhouette
i. The diameter of the BWES shall not exceed twenty (20) percent of the width of the building's front elevation, for residential buildings and non-residential buildings abutting residentially used properties.
ii. The diameter of the BWES shall not exceed fifty (50) percent of the width of the building's front elevation for a non-residential building, not abutting residentially used properties.
(6) Color and Sun Glint
BWES facilities shall be finished in a neutral color, as approved by the Village of Deerfield zoning code administrator. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the system.
(7) Electronic Interference
BWES facilities shall not operate so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, contrary to Federal Communication Commission (FCC) or other state or local laws.
(8) Signage
No BWES shall have any advertising material, writing, picture, or signage, other than warning information or manufacturer identification.
(9) Accessory Use
i. The primary purpose of the BWES shall be the production of energy for consumption on the same property.
ii. It is permissible to sell excess energy that is produced by a BWES to the local electric utility company.
c. Maintenance, Complaints, and Decommissioning
(1) Maintenance and Complaints
i. BWES facilities shall be maintained in Operational Condition at all times, except for reasonable maintenance and repair outages.
ii. Should a BWES become inoperable, or should any part of the BWES become damaged, or should a BWES violate a permit condition, the Owner shall cease operations immediately and remedy the condition promptly.
(2) Decommissioning Plan
i. For any BWES that has not been in Operable Condition within the above timeframe, the Village of Deerfield zoning compliance officer shall notify the Owner of the finding of Abandonment. The Owner shall remove all BWES structures within ninety (90) days of receipt of the finding of Abandonment.
ii. If such abandoned facility is not removed within ninety (90) days, the Village of Deerfield may remove all structures at the Owner's expense. In the case of such removal the Village of Deerfield has the right to file a lien for reimbursement, or any and all expenses incurred the Village of Deerfield without limitation, including attorney fees and accrued interest.
iii. Upon removal, the site shall be restored to its original pre-construction condition. See photos presented with Project Proposal.
2. Requirements for Small Wind Energy Systems (SWES)
a. Small Wind Energy Systems (SWES) Building Permit Application Requirements
(1) Zoning Districts
i. An SWES shall be a Special Use in all zoning districts.
ii. In residential zoning districts, there shall be limit of one (1) SWES.
iii. On a property that is used for residential purposes, SWES shall be only Vertical Axis Wind Turbines (VAWT), and Horizontal Axis Wind Turbines (HAWT) shall be prohibited.
(2) Project Proposal
i. Name, address and phone number of Owner and Applicant.
ii. Photos of existing conditions for proposed SWES tower.
iii. Project summary including the manufacturer information, number of proposed turbines, and proposed height to the top of the turbine.
(3) Engineering
i. Manufacturer's engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected sound level production are required (see Sound Level standards below).
ii. For turbines greater than twenty (20 kW) kilowatts of nameplate capacity, an Illinois licensed structural engineer's seal shall be required.
iii. All SWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.
iv. Each SWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from one of the following: Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.
(4) Braking Systems
i. SWES facilities shall be equipped with automatic and manual braking systems.
ii. The Owner shall be required to immediately cease operations as reasonably requested by the Village of Deerfield.
(5) Insurance
Proof of homeowner or business insurance, as appropriate.
(6) Electric Utility
Approval letter from the local electric utility company, if the system is to be tied to the energy grid.
b. Site Planning and Site Capacity (SWES)
(1) Site plan, drawn to scale, including:
i. Existing and proposed contours, at a minimum of two foot intervals.
ii. Location, setbacks, exterior dimensions and square footage of all structures on the owner's property and abutting properties within one hundred (100) ft.
iii. Location and size of existing waterways, wetlands, one hundred-year floodplains, sanitary sewers, storm sewer systems, and water distribution systems.
iv. Location of any overhead or underground power lines and utility easements.
v. The locations and the expected duration of shadow flicker caused by the SWES facility.
(2) Setbacks
i. Setbacks shall be measured from the base of the SWES tower.
ii. SWES facilities may not be constructed within or over (including the blades) any utility, water, sewer, or other type of recorded easement.
iii. SWES facilities may not be constructed within 50 ft. of all water bodies and wetlands and 100 ft. of High Quality Aquatic Resources.
iv. In residential zoning districts, SWES shall not be located in any front yard or corner side yard.
v. SWES facilities shall be set back a distance equal to one hundred ten percent, or 1.1 times the system height, from the base of the tower to all property lines, third party transmission lines, and communication towers.
vi. SWES located on a non-residential property abutting a property used for residential purposes shall be set back a distance equal to one hundred fifty percent, or 1.5 times the system height, and in no case may be less than 100 feet from the base of the tower to all property lines, third party transmission lines, and communication towers.
vii. The blade tip, at its lowest point, shall have ground clearance of not less than fifteen (15) feet.
viii. No tower used for a SWES shall be either a lattice tower or supported by guy wires.
(3) Height
i. In residentially zoned districts the system height for SWES shall be limited to a maximum of forty-five (45) feet.
ii. In non-residentially zoned districts the system height for SWES shall be limited to a maximum of seventy-five (75) feet.
(4) Accessory Use
i. The primary purpose of the SWES shall be the production of energy for consumption on the same property.
ii. It is permissible to sell excess energy that is produced by a SWES to the local electric utility company.
c. Additional Standards for Small Wind Energy Systems (SWES)
(1) Installation
i. SWES facilities must be installed according to manufacturer specifications.
ii. Electrical connections must be made by a licensed electrician.
(2) Sound Levels
i. The average sound level from a BWES shall not exceed fifty (50) dB(A) at any point within neighboring, residentially zoned or used property. For neighboring industrial properties the sound level limit is sixty-five (65) dB(A) and for other neighboring non-residential properties, the sound level limit is sixty (60) dB(A) at any time of the day.
ii. No SWES shall operate with an average sound level more than 5 dB(A) above the non-operational ambient level, as measured within any neighboring residentially zoned or used property.
iii. If more than one (1) WES is located on a property, the average sound level shall be cumulative, and the total sound from all WES on the property shall not exceed the allowable decibel level.
iv. To limit the level of low-frequency sound, the average C-weighted sound level during SWES operation shall not exceed the A-weighted ambient sound level by more than twenty (20) dB.
v. Sound level meters used for sound measurement must be a Type 2 or better grade per ANSI S1.4 and must have an integrating feature that meets ANSI S1.43. Procedures must meet the applicable portions of ANSI S12.9. Measurements must be made when ground level winds do not exceed 5 miles per hour.
vi. The Village of Deerfield may require, at the Owner's expense, field tests or sound propagation modeling, conducted or supervised by an acoustics specialist certified by the Institute of Noise Control Engineering as may be necessary, to determine whether a violation of said sound regulations is occurring or has occurred. The Owner shall be promptly remedy any such violations or discontinue operation.
(3) Shadow Flicker
i. The SWES facility shall be sited such that shadow flicker will not fall on any existing residential building of a nonparticipating property within five hundred (500) feet of the SWES property for more than one hour a day.
ii. The Applicant may commit to a schedule for turning SWES turbines off during periods when shadow flicker would affect any nonparticipating residential dwelling.
iii. Subsequently constructed or modified residences shall not compromise the existing approval and operation of the SWES, as a legal non-conforming use, subject to the applicable regulations.
(4) Color and Sun Glint
i. SWES facilities shall be finished in either off white, light gray, other neutral color, or a color as approved by the Village of Deerfield zoning compliance officer.
ii. The finish shall be flat or matte, so as to reduce incidence of sun glint.
iii. The required coloration and finish shall be maintained throughout the life of the system.
(5) Electronic Interference
SWES facilities shall not operate so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, contrary to Federal Communication Commission (FCC) or other state or local laws.
(6) Signage
i. No SWES shall have any advertising material, writing, picture, or signage other than warning, turbine tower identification, or manufacturer or ownership information.
ii. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices, but not including meteorological/weather devices.
iii. One (1) warning sign, no less than eighteen (18) square inches and no greater than two (2) square feet in area, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and 911 and the phone number of the Owner to call in case of emergency.
iv. Manufacturer's identification or ownership information signs shall be no larger than one (1) square foot.
(7) Climb Prevention
The base of the tower shall not be climbable for a vertical distance of fifteen (15) feet from the base, unless enclosed with a seven (7) foot tall locked fence.
(8) Lighting
i. SWES facilities shall comply with all applicable Federal Aviation Administration (FAA) and any other Federal, State or local requirements.
ii. SWES facilities shall not be artificially lighted unless required by the FAA or appropriate authority.
iii. Any required lighting shall be shielded so that no glare extends substantially beyond the boundaries of the facility.
d. Maintenance, Complaints and Decommissioning (SWES)
(1) Maintenance and Complaints
i. SWES facilities shall be maintained in Operational Condition at all times, except for reasonable maintenance and repair outages.
ii. Should a SWES become inoperable, or should any part of the SWES become damaged, or should a SWES violate a permit condition, the Owner shall cease operations immediately and remedy the condition promptly.
(2) Decommissioning Plan
i. For any SWES that has not been in Operable Condition within the above timeframe, a Deerfield zoning compliance officer shall notify the Owner of the finding of Abandonment. The Owner shall remove all SWES structures within ninety (90) days of receipt of notice.
ii. If such abandoned facility is not removed within ninety (90) days, the Village of Deerfield may remove all structures at the Owner's expense. In the case of such removal the Village of Deerfield has the right to file a lien for reimbursement, for any and all expenses incurred by the Village of Deerfield without limitation, including attorney fees and accrued interest.
iii. Upon removal, the site shall be restored to its original pre-construction condition. See photos presented with Project Proposal.
3. Indemnification
The Owner of the BWES or SWES project shall defend, indemnify and hold harmless the Village of Deerfield and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorney's fees arising out of the acts or omissions of the Owner concerning the operation of the WES project without limitation, whether said liability is premised on contract or on tort.
2.10-D Solar Energy Systems
1. General Requirements
a. Solar Energy Systems are a Permitted Use in any zoning district, provided that all building permit requirements and general regulations are met including the Building Code, Zoning Ordinance and the requirements referenced herein.
b. No Solar Energy System shall be constructed or installed without first obtaining a Deerfield building permit.
2. Application Requirements
a. An application for permit for all active Solar Energy Systems shall contain the following information, as applicable:
(1) Name, address and telephone number of the applicant.
(2) Name, address and telephone number of the person, firm or corporation constructing and installing the solar energy system.
(3) Elevation drawing(s) (and/or photographs) and site plan showing location, size and design details of proposed system(s).
(4) Manufacturer specifications of the solar collectors and devices including: wattage capacity, dimensions of collectors, mounting mechanisms and/or foundation details and structural requirements.
(5) Each system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).
(6) A certificate of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.
(7) Any other information to show full compliance with this and other applicable ordinances.
b. An application for permit for all passive Solar Energy Systems shall contain the following information, as applicable:
(1) Name, address and telephone number of the applicant.
(2) Name, address and telephone number of the person, firm or corporation constructing and installing the solar energy system.
(3) Elevation drawing(s) (and/or photographs) and site plan showing location, size and design details of proposed system(s).
(4) Manufacturer specifications of the solar collectors and devices including: dimensions of collectors, mounting mechanisms and/or foundation details and structural requirements.
(5) Each system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).
(6) A certificate of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.
(7) Any other information to show full compliance with this and other applicable ordinances.
3. Accessory Use
a. The primary purpose of Solar Energy Systems shall be the production of energy for consumption on the same property.
b. It is permissible to sell excess energy that is produced by a Solar Energy System to the local electric utility company.
4. Building-Mounted Solar Energy Systems
a. Location
(1) Building-mounted solar energy systems are allowed on permitted principal and accessory structures.
(2) Only building-integrated and/or flush-mounted solar energy systems shall be used when installed on the front building elevation.
b. Horizontal Projection
(1) Solar Energy Systems shall not extend four (4) feet beyond the exterior perimeter of the building on which the system is mounted or built, as measured horizontally from the façade or roof edge on which the panel is mounted.
(2) All setback restrictions shall apply, as regulated by the respective zoning district.
c. Height
(1) Height shall be measured vertically from the lowest edge of the panel to the highest edge of the system.
(2) Shall not extend more than five (5) feet above the highest point on the roof line, provided the maximum height in the respective zoning district is not exceeded.
5. Ground-Mounted Solar Energy Systems
a. In addition to the application requirements in Section 2.10-D,2 above, the applicant shall also submit a scaled Site Plan drawing(s) which includes the following information:
(1) Existing and proposed contours, at a minimum of two foot intervals.
(2) Location, setbacks, exterior dimensions and square footage of all existing and proposed structures.
(3) Location and size of existing waterways, wetlands, one hundred-year floodplains, sanitary sewers, storm sewers, drain tiles and water distribution systems.
(4) Location of any overhead or underground utilities and easements.
b. Setback
(1) In residential zoning districts, systems shall not be located in any front yard or corner side yard.
(2) In all zoning districts, systems shall comply with the respective setback requirements, as measured from the property line to the closest edge of the system.
c. Lot Coverage
The total solar panel surface area shall be included in the lot coverage calculations for the respective zoning district.
d. Height
Shall not exceed the height limits for accessory structures in the respective zoning district, as measured from adjoining grade at base to the highest elevation of the equipment.
2.10-E Geothermal Energy Systems
1. General Requirements
a. Geothermal Energy Systems shall be allowed as a Permitted Use in any zoning district, provided that a building permit is obtained and all permit requirements and general regulations are met, including: the Building Code, the Zoning Ordinance, the Lake or Cook County Health Ordinance (whichever is applicable based on the property's location), and the requirements referenced herein.
b. Geothermal Energy System components shall conform to applicable industry standards including those of the American National Standards Institute (ANSI). Applicants shall submit certificate of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.
2. Application Requirements
a. An application for permit for all Geothermal Energy Systems shall contain the following information:
b. Name, address and telephone number of the applicant.
Name, address and telephone number of the person, firm or corporation installing and constructing the Geothermal Energy System.
c. Project summary including site plan and manufacturer information with specifications of materials and devices.
3. Setback
a. Above-ground equipment shall comply with the setback requirements of the respective zoning district.
b. Equipment, piping and devices shall not be located in any easement or right-of-way.
4. Accessory Use
a. The primary purpose of the Geothermal Energy System shall be the production of energy for consumption on the same property.
b. It is permissible to sell excess energy that is produced by a Geothermal Energy System to the local utility company.
2.10-F Alternative Energy Systems As Permitted Uses
2.11-A Application for Special Use
In addition to the requirements set forth in Article 13 of this Ordinance relating to applications for a Special Use, the application of a registered dispensing organization for a Special Use to permit a medical cannabis dispensary within the Village must include all of the following information and documents:
The legal name and, if different than the legal name, the trade name of the proposed dispensing organization for which the special use is sought.
The proposed commonly known address of the proposed medical cannabis dispensary.
The legal name of the applicant, if different than the proposed dispensing organization.
The address, telephone number and e-mail address of the dispensing organization's and applicant's principal place of business, if different than the common address of the proposed dispensary. A post office box may not be submitted as the address of the applicant's principal place of business.
The legal names, addresses, telephone numbers, and e-mail addresses of: (a) all business entities with a financial interest in the dispensing organization, and all officers, directors, partners, managers, and owners thereof; (b) sole proprietors and other individuals with a financial interest in the dispensing organization; and (c) each proposed dispensing organization agent. For all officers, directors, partners, managers, and owners of the business entities, and for all sole proprietors and other individuals with a financial interest in the dispensing organization, the applicant must also provide their dates of birth and social security numbers and a detailed statement of their qualifications and experience related to the operation of a medical cannabis business or related occupation. A post office box may not be submitted as the address of any entity or individual with a financial interest in the dispensing organization. Pursuant to 410 ILCS 130/145(a), this information, if clearly marked as confidential and submitted separately, shall be maintained by the Village as confidential information not subject to disclosure under the Illinois Freedom of Information Act.
The proposed hours of operation of the proposed dispensary.
If the proposed dispensing organization or the applicant is a business organization other than a sole proprietorship, the following information regarding the dispensing organization and applicant entity:
The type of business organization, the date of formation, and an affirmation that the organization is authorized to conduct the business of a dispensing organization in the State of Illinois.
If a limited liability company or a corporation, a copy of (i) its certificate of good standing issued by the Secretary of State no more than seven days prior to the date the application for a special use is filed with the Village; and (ii) if the limited liability company or corporation uses an assumed name, a copy of the corporation's assumed name registration issued by the Secretary of State.
A description of any additional training and education that will be provided to the proposed dispensing organization agents.
A copy of a business plan for the proposed dispensing organization that includes, without limitation, the following information:
A description of the products and services that the proposed dispensing organization desires to offer; and
A description of the procedures the proposed dispensing organization will implement to ensure the secure transfer of medical cannabis from restricted access areas to limited access areas.
A security plan that describes how the proposed dispensing organization will comply with the security and recordkeeping regulations set forth in Sections 1290.400 - 1290.460 of Title 28 of the Illinois Administrative Code, 28 Ill. Admin. Code 1290.400 - 1290.460, as those sections may be amended from time to time, shall be submitted to the Chief of Police for review and recommendation. The security plan shall be kept confidential to the extent permitted by law. Without limitation, the security plan must include the following information:
A description of the procedures that the proposed dispensing organization will implement to prevent the diversion, theft, or loss of cannabis during the delivery of cannabis to the proposed dispensing organization by a cultivation center, including, without limitation, the use of delivery manifests;
A description of the procedures that the proposed dispensing organization will implement to: (i) monitor the activities conducted within the proposed dispensing organization; (ii) secure the dispensing organization, including, without limitation, the dispensing organization agents, qualifying patients, and cannabis and currency stored at the dispensing organization; and (iii) prevent the diversion, theft or loss of cannabis; and
A description of the procedures that the proposed dispensing organization will implement to restrict access to limited access areas and restricted access areas.
A written statement that the applicant owns the property on which it proposes to operate the dispensary or, if the applicant does not own the property, a written statement from the property owner certifying the owner's consent to the use of the property as a dispensary.
A map of the area surrounding the location of the proposed dispensary: (a) showing that no part of the property on which the proposed dispensary is located within 1,000 feet, measured from property line to property line, of any part of the property line of any existing public or private preschool, elementary school, secondary school, day care center, day care home, group day care home, or part-day child care facility; (b) showing that no part of the property on which the dispensary is located within 500 feet, measured from property line to property line, of any public park; (c) showing that the proposed location for the dispensing organization is not zoned for residential use; and (d) identifying the businesses, and the nature of each business, located within 1,000 of any part of the property line of the proposed dispensing organization in existence at the time that the application of a special use permit is filed with the Village.
Floor plans and elevations of the proposed dispensary building that must include, without limitation, the following information:
The location, layout, floor area, name, and function of each room, including, without limitation, patient counseling areas, restricted access areas, limited access areas, rooms in which cannabis will be stored when the proposed dispensing organization is open for business, and rooms in which cannabis will be stored when the proposed dispensing organization is not open for business;
The total floor area of the proposed dispensing organization building;
The doorways or pathways between rooms;
The means of ingress and egress to and from the building of the proposed dispensing organization, including, without limitation, fire exits;
The location of all safes or vaults that will be used to store cannabis, cannabis products, and currency;
The locations of bullet-proof glass;
The location of each toilet facility;
The location of each video camera;
The location of each panic button;
The location of each natural and artificial lighting source;
The location of enclosed and secured loading and trash handling and disposal facilities.
A description of how the proposed dispensing organization will comply with the Americans with Disabilities Act and similar state and local laws and regulations.
A plan to prevent patient overflow in waiting rooms and patient care areas.
An attestation that the proposed dispensary will have safes or vaults with sufficient capacity to safely store the anticipated quantities of cannabis and currency on the premises.
Evidence acceptable to the Zoning Administrator that the proposed dispensary building complies with all applicable State and local building and fire regulations, and all other applicable local ordinances and regulations.
A sign plan for the proposed dispensary, consistent with the requirements set forth in Paragraph B(4) of this Ordinance, that describes and depicts all proposed signs related to the proposed dispensing organization, including, without limitation, the type of each proposed sign, the sign area and sign height of each proposed sign, the content of each proposed sign, the location of each proposed sign, and the illumination of each proposed sign, if any.
A comprehensive site plan drawn to scale of the proposed dispensary, which site plan must depict the following features, if applicable and without limitation: streets, traffic direction, sidewalks, trees, alleys, property lines, buildings, parking areas, handicapped parking spaces, fences, exterior walled areas, garages, vehicle delivery access doors, hangars, security features, garbage enclosure areas, and outdoor areas.
A demonstration that the proposed location is suitable for public access, the layout promotes safe dispensing of medical cannabis, it is sufficient in size, power allocation, lighting, parking, handicapped accessible parking spaces, ADA-accessible entry and exits, product handling, and storage.
Any other information or document that the Zoning Administrator determines is reasonably necessary to consider the application for a special use permit.
2.11-B Operational Standards
The establishment, development, and operation of any dispensary located within the Village must comply with all conditions and restrictions set forth in the ordinance granting the special use for the dispensary and with the following standards and requirements:
Medical cannabis dispensaries shall be subject to Special Use review and approval under this Ordinance.
All medical cannabis dispensaries shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act and with all rules and regulations adopted in accordance thereto.
Medical cannabis dispensaries shall be a minimum of one thousand (1,000) feet from all other medical cannabis dispensaries measured from property line to property line.
Signage and advertising:
All signage for medical cannabis dispensaries shall be limited to one flat wall sign not to exceed ten square feet in area, and one identifying sign not to exceed two square feet in area which can only include the dispensary address. Such signs shall not be directly illuminated. Exterior signs on the dispensary building shall not obstruct the entrance or windows on the dispensary.
Electronic message boards and temporary signs are not permitted in connection with a dispensary.
Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth, or any language terms referencing cannabis, or any slang or street terms commonly associated with cannabis.
A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include the following language: "Only cardholders, designated care givers, and staff may enter these premises. Persons under the age of 18 are prohibited from entering." The required text shall be no larger than one inch in height. To the extent permitted by Compassionate Use of Medical Cannabis Pilot Program Act, the age restriction on entry to the premises shall not be required text.
Any additional merchandise packaging provided by the dispensary, such as bags, sacks, totes or boxes shall be opaque without text or graphics advertising or identifying the contents of the products contained within.
Medical cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.) and the Compassionate Use of Medical Cannabis Pilot Program Act.
Unless expressly authorized by the Compassionate Use of Medical Cannabis Pilot Program, it shall be unlawful for any medical cannabis dispensary to allow any person who is not at least 18 years of age on the premises. Dispensaries shall not employ anyone under the age of 18. Access shall be limited exclusively to dispensary staff, cardholders, designated care givers, local and state officials, and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program Act.
Medical cannabis dispensaries may not have a drive-through service window.
Any cannabis, cannabis-infused products, or cannabis waste on the premises of the dispensing organization must be stored within secure refuse containers located within a restricted access area of the dispensing organization at all times prior to the destruction and disposal thereof, which destruction and disposal must be performed pursuant to the requirements of 68 Ill. Admin. Code 1290.450, as may be amended.
All waste other than cannabis waste must be stored within dumpsters or garbage cans located within areas of a fully enclosed building, with operable doors closed at all times other than during loading and unloading.
All dispensing organizations must be equipped with a secure unloading space for the reception of deliveries of medical cannabis and medical cannabis infused products, which space must be: (a) located within an enclosed area of the principal structure in which the dispensing organization operates; (b) secured by doors that are closed and locked during all times that deliveries of medical cannabis or medical cannabis infused products are unloaded; and (c) a restricted access area.
(Ord. 0-15-11)
2.14-A Purpose and Intent
The Affordable Housing standards in Section 2.14 are established for the purposes of implementing the goals, objectives and policies of the Deerfield Comprehensive Plan. These standards are intended to promote the public health, safety, and welfare of the existing and future residents of Deerfield by requiring certain residential developments or mixed-use developments which contain a residential component to incorporate a specified percentage of dwelling units to be priced affordably for households with incomes at or below 100 percent of the Area Median Income (AMI).
The Village recognizes the need to provide affordable housing to low-to-middle income households in order to increase housing opportunities for a diverse population and to provide housing for those who live or work in the Village. Without intervention, the trend toward increased housing prices will result in an inadequate supply of affordable housing, which will have a negative impact upon the ability of employers within the Village to maintain an adequate local work force and will otherwise be detrimental to the public health, safety, and welfare of the Village and its residents. Since the remaining land appropriate for new residential development within the Village is limited, it is essential that a reasonable proportion of such land be developed into housing units affordable for low-to-middle income households and working families.
2.14-B: DEFINITIONS
(1) The words and phrases used in Section 2.14 shall be interpreted to have the meanings ascribed to them in this Section 2.14-B. To the extent that words or phrases used in Section 2.14 are not defined in Section 2.14-B, but such words or phrases are defined in the Zoning Ordinance, such words or phrases shall be deemed to have the meanings set forth in the Zoning Ordinance.
(2) Definitions.
AFFORDABLE HOUSING COMPLIANCE PLAN: A plan submitted by a developer or owner of a governed development describing how development will comply the requirements of Section 2.14.
AFFORDABLE HOUSING UNIT: A dwelling unit that meets the criteria for affordable housing.
AFFORDABLE OWNER-OCCUPIED UNITS: Affordable housing units marketed and offered for sale to eligible households subject to an affordable unit covenant.
AFFORDABLE RENTAL UNITS: Affordable housing units marketed and offered for rent to eligible households subject to standard lease terms.
AREA MEDIAN INCOME (AMI): The median income level for the Chicago-Naperville-Elgin, IL-IN-WI Metropolitan Statistical Area, as established and defined in the annual schedule published by the Secretary of Housing and Urban Development, and adjusted for household size.
CERTIFICATE OF QUALIFICATION: A certificate establishing a qualified household's eligibility to purchase or lease an affordable dwelling unit based on income eligibility using income and asset limits, in accordance with the Village's policies and procedures.
CONSUMER PRICE INDEX (CPI): Consumer price index for the Chicago-Naperville-Elgin area as published annually by the U.S. Department of Labor, Bureau of Labor Statistics.
CONVERSION: A change in a residential or mixed-use rental development to individual-owner residential condominium units, or a change in individual-owner residential condominium units to a residential or mixed-use rental development.
DEVELOPER: The party responsible for obtaining approvals from the Village, including zoning, subdivision, and building permit approvals, for a governed development.
ELIGIBLE HOUSEHOLD: For purposes of Section 2.14, a household with an annual income at or below 100 percent of the Area Median Income.
GOVERNED DEVELOPMENT: Any residential or mixed-use development with a residential component that is required to provide affordable housing units under provisions of Section 2.14. Projects at one location undertaken in phases, stages or otherwise developed in distinct parts shall be considered a single governed development.
HOUSING EXPENSES:
(a) For affordable rental units - rent and utilities; and
(b) For affordable owner-occupied units - principal and interest of any mortgages placed on the unit, property taxes, condominium or homeowner's association fees, if applicable, and insurance.
MAXIMUM RESALE PRICE: The maximum price an owner-occupied affordable unit may be sold to another eligible household at based on a valuation formula incorporating appraisal data, a maximum appreciation factor, and allowances for capital improvements, all as set forth in a schedule to be published by the Village on an annual basis.
MARKET RATE HOUSING UNITS: All owner-occupied or rental dwelling units in a governed development that are not classified as affordable housing units.
2.14-C Administration
(1) The provisions of Section 2.14 shall be administered by the Village Manager and the Department of Community Development. The Board of Trustees may designate the Plan Commission or another body to conduct reviews of affordable housing compliance plans for governed developments and make recommendations regarding their sufficiency to the Board of Trustees.
(2) The Board of Trustees shall have the right, but not the obligation, to adopt, and to amend from time to time, administrative guidelines, procedures, and schedules to assist in the effective implementation of Section 2.14; provided, however, that any administrative guidelines, procedures, and schedules adopted or amended pursuant to this Section 2.14-C shall not be inconsistent with Section 2.14, and that in the event of a conflict between the administrative guidelines and Section 2.14, Section 2.14 shall control. Pursuant to this authority, the Board of Trustees may adopt guidelines for:
a. Factoring in net worth and assets when determining qualification as an eligible household;
b. Calculating maximum permitted household expenses;
c. Setting a maximum resale price for an owner-occupied affordable unit;
d. Establishing limitations on renting or subletting an affordable housing unit; and
e. Other guidelines, procedures and schedules deemed necessary by the Board of Trustees to assist in administering Section 2.14.
(3) The Village Manager may, with the authorization of the Board of Trustees, enter into an agreement with a not-for-profit organization specializing in the management and operation of affordable housing programs to assist in the administration of portions of Section 2.14, including, without limitation, performing assessments of households' certificate of qualification, managing waitlists for affordable housing units, marketing affordable housing units, verifying governed developments' ongoing compliance with the requirements of Section 2.14, and advising on the administrative guidelines, procedures, and schedules authorized by this Section 2.14-C.
2.14-D Applicability
(1) General. The provisions of Section 2.14 shall apply to all developments that result in the addition of or contain 11 or more residential dwelling units in a multi-family, attached development or 30 or more residential dwelling units in a single-family, detached development. Developments subject to the provisions of Section 2.14 shall be deemed governed developments and shall include, but are not limited to, the following:
a. A development that is new residential construction or new mixed-use construction with a residential component.
b. A development that is the renovation or reconstruction of an existing multiple family residential building that increases the number of residential dwelling units from the number of dwelling units in the original structure.
c. A development that will change the use of an existing building from non-residential to residential or that will change the class of residential use from single family to multi-family.
d. A development that includes a conversion.
(2) Development on Multiple Parcels. For purposes of Section 2.14, a development that is constructed across multiple adjacent parcels under common ownership shall be considered a single development.
(3) Excluded Developments. The requirements of Section 2.14 do not apply to the following housing types:
a. Any subdivision or development resulting in 10 or fewer residential units;
b. A non-residential development;
c. Assisted living facilities; or
d. Nursing facilities.
2.14-E Affordable Housing Requirement for Governed Developments
(1) Calculation of Required Affordable Units. The developer of a governed development must satisfy the requirements of Section 2.14 by providing affordable housing units within the physical envelope of the development, in the amounts to be calculated as follows:
a. General Requirement. For projects with fewer than 51 units, the Affordable Requirement will be as set forth in the table below. For projects with 51 units or more, 10 percent of the total number of dwelling units in a governed development shall be marketed, offered, and maintained as affordable housing units.
Affordable Attached (i.e. multi-family) Project Total Number of Units | Affordable Units Required |
11-30 Units | 1 Affordable Unit |
31-40 Units | 2 Affordable Units |
41-50 Units | 3 Affordable Units |
51 + Units | 10% Affordable Units |
Affordable Detached (i.e. single-family) Project Total Number of Units | Affordable Units Required |
0-30 Units | 0 Affordable Units |
31-40 Units | 2 Affordable Units |
41-50 Units | 3 Affordable Units |
51 + Units | 10% Affordable Units |
b. Fractional Units. When the application of the percentages specified above results in a number of required affordable housing units that includes a fraction, the fraction will be rounded up to the next whole number if the fraction is equal to or greater than 0.5. If the result includes a fraction equal to or less than 0.49, the required number of affordable housing units will be rounded down to the next whole number.
(2) Eligible Income Tiers and Maximum Prices. Affordable units in governed developments may only be offered to eligible households from the income tiers and at the maximum price levels listed in the chart below.
Affordable Rental Units | Maximum Rent Prices |
0-50 Units | Attainable to household with income at or below 100% AMI |
51+ Units | ½ required units attainable for households with income at or below 80% AMI ½ required units attainable for households with income at or below 100% AMI |
Affordable Owner-Occupied Units | Maximum Purchase Price |
All Required Units | Attainable to household with income at or below 100% AMI |
Explanatory Notes:
a. Housing Expenses: For affordable rental units, "housing expenses" equals the monthly sum of rent and utilities. For affordable owner-occupied units, "housing expenses" equals the monthly sum of principal and interest of any mortgages placed on the unit, property taxes, condominium or homeowner's association fees, if applicable, and insurance.
b. Attainability of Housing Expenses: Maximum housing prices are based on spending 30 percent of monthly household income on housing expenses. Permitted housing expenses for rental and affordable owner-occupied units will be calculated based on the most current area median income levels published by HUD.
c. Pricing Schedule. The Village Manager shall publish a Housing Expenses Pricing Schedule of rental and sales prices for affordable housing units for each income tier designated in Subsection 2.14-E, which pricing schedule will be made publicly available and will be updated annually.
2.14-F Incentives for Development of Affordable Housing Units
Developers constructing governed developments incorporating the affordable housing units required on-site will be allowed to take advantage of the following incentives and development options. All incentives and options authorized by this Section 2.14-F shall be proposed and memorialized in the affordable housing compliance plan for the governed development.
(1) Additional Building Height. In order to accommodate affordable housing units within a governed development, the Plan Commission may recommend, and the Board of Trustees may approve, without the need of a variation, a height increase of up to one story or 12 feet above the height limits in the applicable zoning district other than in single family zoning districts.
(2) Reduced Off-street Parking Minimums. Any governed development providing the minimum number of affordable housing units pursuant to Section 2.14 will be eligible to obtain greater flexibility in development design through application of the following options without need for special zoning relief, but only if such flexibility is necessary to accommodate the required affordable units within the physical envelope of the governed development:
In considering a proposed governed development with affordable housing units, the Plan Commission may recommend and the Board of Trustees may approve a reduction in the otherwise applicable off-street parking minimums for the affordable housing units. In considering the merits of such a reduction, the Village shall consider the availability of alternative means of transportation, including mass transit and bicycle facilities in the vicinity of the governed development and any unique transportation needs of the expected residents.
Notwithstanding the foregoing, the Village shall not be required to approve any request for a waiver, reduction, or modification of any development standard if the waiver, reduction, or modification would have an adverse impact upon health, safety, or the physical environment for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(3) Fee Waivers and Reductions. Any governed development providing the minimum number of affordable housing units pursuant to Section 2.14 shall be eligible for a partial waiver of all of the otherwise applicable application fees, building permit fees, plan review fees, inspection fees, demolition permit fees, and such other development fees and costs which may be imposed by the Village, applicable to the portion of the governed development that will consist of affordable housing units, up to a maximum of 15 percent of all applicable fees. In no event shall the fee waiver be applied to any impact fees or third-party legal, engineering, and other consulting or administrative fees, costs, and expenses incurred or accrued by the Village in connection with the review and processing of plans for the governed development. The waiver and discount of fees and costs under this Section shall be calculated as the percentage of units within the governed development that are affordable housing units. All applicable fees and costs under this Code shall apply to all market rate units.
(4) Standards for Approving Incentives. The Village Board, in determining whether the incentives set forth in this Section 2.14-F should be available for a governed development, shall consider the following:
a. Whether the incentives will result in conditions detrimental to the public's health, safety, or welfare; and,
b. Whether the granting of the incentives will be compatible with the intent and purpose of this section and other applicable Village land planning documents.
(5) Any terms or conditions associated with the incentives shall be stipulated in the affordable housing compliance plan and the affordable housing covenant for the governed development.
2.14-G Location and Design Attributes of Affordable Housing Units
Affordable housing units in a governed development must comply with the following standards, unless granted an exception by the Village Board as part of the affordable housing compliance plan.
(1) Location of Affordable Housing Units. Affordable housing units must be dispersed among the market rate housing units throughout the governed development and not clustered together or segregated from market rate housing unless there is a therapeutic or other justification particular to the populations to be served by the affordable housing units.
(2) Size of Units. Affordable housing unit size must be generally representative of and correspond to the size of the market-rate housing units within the governed development.
(3) Phasing of Construction. In a governed development to be constructed in multiple phases, each phase of the development must include a number of affordable housing units proportional to the fraction that the phase consists of the entire governed development. Construction of affordable housing units may not be delayed or grouped into later phases of a governed development.
(4) Exterior Appearance. The exterior appearance of affordable housing units in any governed development must be visually compatible with the market rate housing units in the governed development. External building materials and finishes must be substantially the same in type and quality for affordable housing units as for market rate housing units. Affordable housing units shall be indiscernible from market rate housing units from when viewed from interior corridors and other common areas.
(5) Interior Appearance and Finishes. Affordable housing units may have different interior appearances and finishes than market rate housing units, but all interior finish materials used in affordable housing units must be Contractor Grade or higher.
(6) Mix of Bedroom Types of Affordable Housing Units. The bedroom mix of affordable housing units must be in equal proportion to the bedroom mix of the market rate housing units within the governed development.
(7) Amenities. Affordable housing units must have similar access to common areas, facilities, and services as that enjoyed by comparable market rate housing units in a governed development including but not limited to outdoor spaces, amenity spaces, storage, parking, bicycle parking facilities, and resident services.
a. Parking Amenities. Regular access to at least one parking space per affordable housing unit must be included with the occupancy of the unit without any additional charge to the occupant above the maximum permitted housing expenses for that unit. Additional parking spaces must be made available at the same price and using the same method for allocation for market rate housing units. Premium parking spaces, such as indoor parking, will not be required to be allocated to the affordable housing units free of charge, provided that required parking is provided elsewhere within the governed development.
b. Storage Amenities. To the extent that storage is allocated to all market rate housing units within a governed development, similar storage space must be allocated to all affordable housing units and included with the occupancy of the unit without additional charge to the occupant above the maximum permitted housing expenses for that unit. If storage space is not allocated to all units due to insufficient ratio of storage space to residential units, then the affordable housing units should have access to storage in the same manner and proportion as do the market rate housing units, at a cost discounted by the ratio of the affordable housing unit's housing expenses to the equivalent size unit's market rent.
(8) Energy Efficiency. Standard improvements, fixtures, and components related to energy efficiency, including, but not limited to, mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, must be the same in market rate dwelling units and affordable housing units.
(9) Mixed Occupancy Developments. If a governed development includes both rental housing units and owner-occupied housing units, the ratio of affordable rental to affordable owner-occupied units marketed and offered must be equal to the ratio of rental to owner-occupied market rate housing units marketed and offered in the governed development.
2.14-H Period of Affordability
(1) Sale of Affordable Owner-Occupied Units. In governed developments include owner-occupied housing units, affordable housing units may be offered and resold to only to eligible households and in accordance with Section 2.14 at all times that the units are used for residential purposes, in perpetuity or as long as permissible by law. The developer or owner shall execute and record any agreements, covenants, or instruments required by Section 2.14 to ensure compliance with this Section 2.14-H.
(2) Lease of Affordable Rental Units.
a. In developments that contain rental units, affordable housing units shall be offered and leased only to eligible households and in accordance with Section 2.14 for so long as those units are used for residential purposes, in perpetuity, as long as permissible by law, or as otherwise deemed appropriate by the Village Board. The developer or owner shall execute and record any agreements, covenants, or instruments required by Section 2.14 to ensure compliance with this Section 2.14-H. In the event that the owner of a governed development including affordable rental units sells the development, the new owner will be required to continue to offer the affordable housing units in accordance with Section 2.14.
b. If the owner of a governed development consisting of rental housing units converts the development to condominiums or other form of owner-occupied housing units, the development shall be subject to the owner-occupied development requirements set forth in this Section 2.14-I. The Village shall have the option and right, but not the obligation, to purchase any converted affordable owner-occupied units in the development pursuant to this Code in accordance with the provisions of Subsection 2.14-J-4.
2.14-I Affordability Controls for Affordable Owner-Occupied Units
(1) Initial Sale Prices for Affordable Owner-Occupied units. Permitted initial sales prices for affordable owner-occupied units shall be set according to a schedule published by the Village annually and calculated on the basis of:
a. Housing expenses at or below 30 percent of the designated eligible income tiers set forth in Section 2.14-E, with a household size corresponding to the size of the unit.
b. The following relationship between unit size and household size shall be used to determine the appropriate income level at which affordable housing expenses are calculated:
Unit Size | Income Level for Household Size |
Efficiency | 1 Person |
1 Bedroom | 2 Persons |
2 Bedrooms | 3 Persons |
3 Bedrooms | 4 Persons |
4 Bedrooms | 5 Persons |
c. An available fixed rate 30 year mortgage, consistent with the average rate published from time to time by Freddie Mac;
d. A down payment of no more than five percent of the purchase price;
e. A calculation of property taxes;
f. A calculation of homeowner's insurance;
g. A calculation of condominium or homeowner association fees; and
h. A calculation of private mortgage insurance, if applicable.
(2) Procedure for Initial Sale of an Affordable Owner-Occupied Unit to an Eligible Household.
a. 60 days prior to offering any owner-occupied affordable unit for sale to the public, a developer must notify the Village in writing of such offering. The notice shall set forth the number, size, price, and location of affordable housing units to be offered, and must provide a description of each housing unit's finishes and availability. The notice must also include a copy of the approved affordable housing compliance plan for the development, and any such additional information the Village Manager may reasonably require in order to establish compliance with Section 2.14.
b. The prospective purchaser must make application for a "certificate of qualification" on a form provided by the Village. If the Village or its designated not-for-profit partner organization determines a purchaser is an eligible household pursuant to the requirements of Section 2.14 to purchase an affordable housing unit, it will issue a "certificate of qualification" to that purchaser. A purchaser must provide documents to verify that their household satisfies these requirements, including an affidavit that the affordable housing unit will be their primary residence. Priority will be given to eligible households in which the head of household, or spouse or domestic partner of the head of household, currently reside within or work for a private or public company located within the Village.
c. The developer may not sell or lease any affordable housing units without a valid certificate of qualification from the Village for the prospective purchaser.
(3) Maximum Resale Price and Maximum Appreciation.
a. The maximum resale price that an affordable owner-occupied unit may be sold to an eligible household for shall be established in an affordable unit covenant executed by the purchaser. This price will take into account the maximum permitted appreciation allowed by this Subsection 2.14-I-3 as well as changes in the area median income.
i. The maximum resale price is an upper limit, but should not be construed as a guarantee that the unit will be resold at that price.
ii. Market conditions, and characteristics of the affordable housing unit, may result in the sale of an owner-occupied housing unit at a price lower than the maximum resale price.
iii. The maximum permitted appreciation that may be claimed by the owner of an affordable owner-occupied unit may not exceed 15 percent of the increase in the unit's value, as determined by the difference between fair market appraisal at the time of purchase of the unit by the current owner and a fair market appraisal at the time of resale, with such adjustments for improvements made by the current owner and necessary costs of sale which will be accounted for in the price schedule published by the Village.
(4) Village First Option to Purchase. The Village shall have the first option and right, but not an obligation, to purchase any affordable owner-occupied unit prior to the unit being marketed or offered to the public. If the Village exercises the option and purchases the affordable owner-occupied unit, the Village will have the right to subject the unit to such agreements, covenants, or instruments, to ensure the continued affordability of the unit in accordance with Section 2.14. Such documentation shall incorporate the provisions of Section 2.14 and shall provide, at a minimum, each of the following:
a. The maximum resale price is an upper limit, but shall not be construed as a guarantee that the unit will be resold at that price.
b. Market conditions, and characteristics of the affordable housing unit, may result in the sale of an affordable housing unit at a price lower than the calculated maximum resale price.
The Village shall also reserve the right to assign and transfer its interest in any affordable owner-occupied units that it purchases pursuant to this Subsection to a not-for-profit partner organization.
(5) Purchases by Eligible Households. In all other sales of affordable owner-occupied units between private eligible households, the parties to the transaction will be required to execute and record such documentation as required by Section 2.14-H of this Code to ensure the provision and continuous maintenance of the affordable housing units. Such documentation shall include the provisions of this Code and shall provide, at a minimum, each of the following:
a. That the purchaser acknowledges the Village's first option to purchase the owner-occupied unit set forth in Section 2.14-I-4 of this Code.
b. In the event that the Village does not exercise its first option to purchase, the affordable housing unit many only be sold to and occupied by an eligible household.
c. The affordable housing unit may only be conveyed subject to restrictions that shall permanently maintain the affordability of such affordable housing units for eligible households, including a prohibition on sales above the maximum resale price.
2.14-J Affordability Controls for Affordable Rental Units
(1) Rental Rates for Affordable Rental Units. Permitted housing expenses affordable rental units shall be set according to a schedule published by the Village annually and calculated on the basis of:
a. Housing expenses at or below 30 percent of the designated eligible income tiers set forth in Section 2.14-E-3, with a household size corresponding to the size of the unit.
b. If the most recent edition of HUD's reporting indicates a lower area median income than the previous edition, the maximum housing expenses shall be adjusted accordingly.
c. The following relationship between unit size and household size shall be used to determine the appropriate income level at which affordable housing expenses are calculated:
Unit Size | Income Level for Household Size |
Efficiency | 1 Person |
1 Bedroom | 2 Persons |
2 Bedrooms | 3 Persons |
3 Bedrooms | 4 Persons |
4 Bedrooms | 5 Persons |
(2) Procedure for Initial Lease of an Affordable Rental Unit to an Eligible Household.
a. 60 days prior to offering any affordable housing unit for sale or rent, the developer must notify the Village in writing of such offering. The notice must set forth the number, size, price, and location of affordable housing units offered, and provide a description of each dwelling unit's finishes and availability. The notice must also include a copy of the affordable housing compliance plan, and any such additional information the Village may reasonably require in order to establish compliance with Section 2.14.
b. The prospective lessee must make application for a "certificate of qualification" on a form provided by the Village. If the Village or its designated not-for-profit partner organization determines a lessee is an eligible household pursuant to the requirements of Section 2.14 to lease an affordable housing unit, it will issue a "certificate of qualification" to that lessee. A lessee must provide documents to verify that their household satisfies these requirements, including an affidavit that the affordable housing unit will be his or her primary residence. The Village will determine whether or not the prospective lessee satisfies the requirements of Section 2.14 no later than 10 business days after receiving the completed application. Priority will be given to eligible households in which the head of household, or spouse or domestic partner of the head of household, currently reside within or work for a private or public company located within the Village.
c. The developer shall not lease any affordable rental units without a valid certificate of qualification from the contracted agency for the prospective lessee. Any lease for an affordable rental unit shall also contain a prohibition on subleasing or allowing occupancy by a household without a valid certificate of qualification.
(3) Lease Term. No affordable rental unit may be initially leased for a period of less than 12 months. All leases must be written and in a form approved by the Village. Renewal leases may be less than 12 months based on mutual agreement between the developer and tenant. Final lease agreements are the responsibility of the developer and the prospective tenant. Tenants are responsible for application fees, security deposits and the full amount of the rent as stated on the lease. All lease provisions shall comply with applicable laws and regulations. The developer shall maintain copies of all leases entered into with a certified household (including an income certification) and distribute a copy to the Village or its designated not-for-profit partner organization.
(4) Rental Compliance. The developer, or its designee, shall submit an annual compliance report describing each affordable unit in detail including but not limited to changes in tenancy, turnovers, and income certifications for all new tenants upon request of the Village Manager.
2.14-K Marketing of Affordable Housing Units
(1) Good Faith Marketing Required. All sellers and lessors of affordable housing units are responsible for marketing the affordable housing units to members of the public who are likely to be eligible households qualified to purchase or lease affordable housing units. Prior to the initiation of public marketing efforts to sell or lease an affordable housing unit, the seller or lessor thereof shall submit to the Village Manager a description of the marketing plan that the developer proposes to implement for the affordable housing units within the development to eligible households in the appropriate income tiers.
(2) Village Assistance with Marketing. At the developer's request, the Village or its designee shall assist the developer in marketing the affordable housing units to eligible households, for an additional charge to be determined by the Village.
(3) Every affordable owner-occupied housing unit required to be developed under Section 2.14 may only be offered for sale to a good-faith purchaser or lessee who is eligible to use the unit as their own primary residence.
2.14-L Affordable Housing Compliance Plans - Review and approval process
(1) Application. For all governed development projects, the developer shall file an application for approval of the project's plan to comply with Section 2.14 on a form provided and required by the Village. The application will require, and the developer must provide, a description of the governed development, including specifically how and where affordable units will be incorporated into the development as well as such other documents and information as the Village Manager may require. The Village Manager will also have the authority to require, as part of the application submittal, such additional information, documents, and plans as the Manager deems necessary to evaluate the proposed governed development's compliance with Section 2.14.
(2) Affordable Housing Compliance Plan. As part of the approval of a governed development project, the developer must present to the Plan Commission and the Village Board an affordable housing compliance plan that outlines and specifies the governed development's compliance with each of the applicable requirements of Section 2.14, including the following:
a. Required Submittals for Affordable Housing Compliance Plan. The plan must include, at a minimum, the following information regarding the governed development project;
i. Preliminary Plan.
(a) A general description of the development, including whether the development will contain rental units or owner-occupied units, or both;
(b) The total number of market rate units and affordable housing units in the development;
(c) The total number of attached and detached residential units;
(d) The number of bedrooms in each market rate unit and each affordable housing unit;
(e) The floor area of each market rate unit and each affordable housing unit;
(f) The location within any multiple-family residential structure and any single-family residential development of each market-rate unit and each affordable housing units.
(g) Floor plans for each affordable housing unit;
(h) The amenities that will be provided to and within each market rate unit and affordable housing unit; and
(i) The pricing for each market rate unit and each affordable housing unit.
ii. Final Plan.
(a) All of the information required for the preliminary affordable housing compliance plan pursuant to paragraph (2)(a)(I), of this Section 2.14-L;
(b) A phasing and construction schedule for each market rate unit and each affordable unit;
(c) Documentation and plans regarding exterior and interior appearances, materials, and finishes of the development and each of its individual units;
(d) A description of the development marketing plan to promote the sale or rental of the Affordable Housing Units within the development; and
(e) A description of the efforts that the developer will undertake to provide affordable housing units to eligible households pursuant to the priorities set forth in Section 2.14.
(3) Review Procedure.
a. Preliminary Plan.
i. Plan Commission Review. Within 60 days after the filing of a complete preliminary Affordable Housing Plan, the Plan Commission shall review the affordable housing compliance plan, and shall recommend either the approval (with or without modifications) or the rejection of the affordable housing compliance plan. The Plan Commission shall transmit its findings of fact and recommendation to the Village Board. The failure of the Plan Commission to provide a recommendation within such 60-day period, or such further time to which the developer may, in writing, agree, shall be deemed a recommendation against the approval of the affordable housing compliance plan.
ii. Village Board Consideration.
(a) Upon receipt of the Plan Commission recommendation pursuant to Section 2.14-L.a.i of this Code, the Village Board may, by resolution duly adopted, approve or reject the preliminary affordable housing compliance plan.
(b) Approval of the preliminary affordable housing compliance plan by the Village Board shall neither: (1) be deemed or interpreted as obligating the Village Board to approve a final affordable housing compliance plan; nor (2) vest any right to the developer other than the right to submit a final affordable housing compliance plan for the proposed governed development project.
b. Final Plan.
i. Plan Commission Review. Within 60 days after the filing of a complete final affordable housing compliance plan, the Plan Commission shall review the affordable housing compliance plan, and shall recommend either the approval (with or without modifications) or the rejection of the affordable housing compliance plan. The Plan Commission shall transmit its findings of fact and recommendation to the Village Board. The failure of the Plan Commission to provide a recommendation within such 60-day period, or such further time to which the developer may, in writing, agree, shall be deemed a recommendation against the approval of the affordable housing compliance plan.
ii. Village Board Consideration. Upon receipt of the Plan Commission recommendation, the Village Board may, by ordinance duly adopted, approve or reject the affordable housing compliance plan. Any ordinance approving a final affordable housing compliance plan shall include, without limitation, the following:
(a) All standards, conditions, or restrictions deemed necessary or applicable by the Village Board to effectuate the proposed development and protect the public interest, health, safety and welfare; and
(b) All provisions requiring the execution and recordation by the developer of a housing development agreement, as required pursuant to Section 2.14.
c. Concurrent Review of Preliminary and Final Plans. Notwithstanding any provision of this Code to the contrary, for all governed developments that are not planned developments, and for all planned developments for which a concurrent review procedure has been approved pursuant to this Section, the Plan Commission and Village Board shall review the preliminary and final affordable housing compliance plans concurrently, pursuant to the final affordable housing compliance plan review procedure set forth in this Code.
(4) Standards of Review. The Plan Commission may not recommend the approval of a preliminary or final Affordable Housing Plan, and the Village Board may not approve a preliminary or final affordable housing compliance plan, except upon making the following findings:
a. That the developer has demonstrated that the proposed affordable housing units are designed to accommodate the needs of the target households;
b. That the location, floor plan, fixtures and finishes, and amenities of each proposed affordable housing unit satisfy the applicable provisions of Section 2.14 and are suitable for the needs of the target households;
c. That each affordable housing unit is designed to accommodate family living needs for common space and dining areas;
d. That the proposed affordable housing units, and the development as a whole, conform to the applicable standards and requirements of Section 2.14;
e. That the application of any development incentives satisfy the standards set forth in Section 2.14-F of this Code.
2.14-M Housing Development Agreement and Covenants
Prior to issuance of a building permit for any governed development, a developer must enter into a housing development agreement with the Village establishing requirements and restrictions for the inclusion of affordable housing units in the governed development. The developer shall execute any and all documents deemed necessary by the Village, including, without limitation, restrictive covenants and other related instruments, to ensure the continued affordability of the affordable housing units within the development in accordance with Section 2.14. The housing development agreement shall set forth the commitments and obligations of the developer and the Village and shall incorporate, among other things, the affordable housing compliance plan for the covered development. The housing development agreement shall also memorialize any alternatives and incentives that have been approved as part of the affordable housing compliance plan for the development.
2.14-N Waiver of Affordable Housing Regulations
Upon a written request by developer of a governed development, the Village may waive any requirement of Chapter 2.14 upon a two-thirds vote of the Corporate Authorities. In considering whether to grant a waiver, the Village Board shall consider the economic viability of the proposed project and whether the granting of the waiver will advance the Village's planning objectives and the general welfare of Village and its residents and businesses.