A.   Classification Established: To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties, or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are as set forth hereinafter.

   B.   Special Use Categories: The development and execution of a comprehensive zoning ordinance is based upon the division of the Village into districts within any one of which the use of land and buildings and location of buildings or structures as related to the land are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use of the particular location. Such special uses fall into two (2) categories:

      1.   Public Uses: Uses operated either by a public agency or publicly related utilities, or uses traditionally affected with a public interest, and

      2.   Private Uses: Uses entirely private in character but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. (Ord. 60-08, 4-27-1960)

   C.   Procedure: Special uses shall be considered and acted upon in the manner prescribed herein for amendments to this Title 1 . (Ord. 91-04, 6-26-1991)

      1.   Special Use Notice Procedure: (Rep. by Ord. 96-06, 3-27-1996)

      2.   Plan Commission Report: The report of the Plan Commission shall include findings of fact as to each of the standards established in this Title for such special use, and its recommendations of conditions, if any, to be imposed as reasonably necessary to meet such standards.

      3.   Easements, Dedications, Covenants, Etc.: Whenever any conditions are imposed as being reasonably necessary to meet the standards for a special use, a special use permit shall not be issued until those conditions shall, insofar as is feasible, be imposed and recorded as easements, dedications, grants, conveyances or as covenants running with the land, as the case may be, and shall be enforceable by the Village as a covenantee or grantee.

      4.   Permanent Use, Cancellation, Reversion: Whenever a special use permit is issued under this Chapter, the use of the entire parcel approved shall thereafter be permanently limited to the special uses set forth in the special use permit, unless changed by a subsequent special use permit issued after new notice and hearings as herein required; provided, however, that if no part of the use permitted has been built or established within eighteen (18) months after the special use permit is issued, the permit thereupon shall be void and parcel shall revert to being subject to the provisions of this Title, and all easements, covenants, etc., recorded pursuant to the provisions of subsection C3 of this Section shall be released. (Ord. 91-04, 6-26-91)

   D.   In the event that a special use permit is granted pursuant to this Section and no subdivision of the parcel has been recorded within eighteen (18) months after the special use permit is issued, the permit thereupon shall be void and the parcel shall revert to being subject to the provisions of this Title previously affecting the parcel. (Ord. 91-10, 12-18-91)

   A.   The standards for a public special use in nonresidential districts shall be as follows:

      1.   Lot Standards in Office District Zone: All special use public buildings or uses shall meet the following standards:

 

      2.   Lot Standards in Limited Industrial Zone: All special use public buildings or uses shall meet the following standards:

 

      3.   Lot Standards in Intensive Industrial Zone: All special use public buildings and uses shall meet the following standards:

 

      4.   Lot Standards in Community Business Zone: All special use public buildings and uses shall meet the following standards:

 

   B.   General Requirements for Public Special Uses in All Districts:

      1.   Storm Water Detention: All special use public buildings and uses shall have on-site storm water detention, unless said detention is otherwise provided within the subdivision in which the lot is located. Such detention shall be in accord with the standards established in the land subdivision regulations of this Code.

      2.   Parking, Loading and Traffic: All special use public buildings and uses shall have off-street parking, loading and internal circulation designed to meet one hundred percent (100%) of that required for the proposed use at peak occupancy.

         a.   The determination of the number of parking and loading spaces and internal circulation pattern shall be determined and designed by a licensed professional engineer in accord with the most current standards and guidelines published by the Institute of Transportation Engineers (ITE), 525 School Street, S.W., Suite 410, Washington, D.C. 20024.

         b.   All parking, loading and internal circulation shall be paved.

         c.   All required loading facilities shall be in accord with Section 8-7-5-15 of this Title.

      3.   Design Criteria: All special use public buildings and uses shall conform with the design criteria set forth in Section 8-7-5-3 of this Title.

      4.   Landscaping: All special use public buildings and uses shall conform with the landscaping standards set forth in Sections 8-7-5-16 and 8-7-5-17 of this Title.

      5.   Design Review: All special use public buildings and uses shall conform with the design review standards set forth in Section 8-7-5-18 of this Title.

      6.   Sanitary Sewers: All special use public buildings and uses shall be served by public sanitary sewers.

      7.   Other Conditions: All special use public buildings and uses shall meet such other and further conditions or requirements as the Village authorities may set forth when permitting the development or use of a particular building or use as a special use.

      8.   Building Permits and Certificates of Occupancy: All special use public buildings or uses shall conform with the building permit and certificate of occupancy standards set forth in Section 8-7-5-19 of this Title.

   C.   Standards for Churches and Schools: Standards for churches and schools in residential districts shall be as set forth in Sections 8-3-3 and 8-3-4 respectively in this Title, in addition to the standards set forth in subsection B of this Section. (Ord. 91-04, 6-26-91)

   A.   Private special uses shall conform to the various requirements and standards set forth in the provisions of this Chapter relating to those uses. In addition, the Village authorities shall find that the impact of those special uses upon the district in which they are to be located is not contrary to the general purpose of the district and will not adversely affect the permitted uses in the district. (Ord. 91-04, 6-26-91)

The special use of a certain premises (description to follow) as a cluster subdivision development in accordance with the approved sketch plan, is hereby permitted, providing that such subdivision and use is subject to the terms and conditions hereinafter set forth.

   A.   Description of Premises: Lot 1 of the Northeast 1/4 of Section 2, Township 44 North, Range 11, East of the Third Principal Meridian, excepting that part lying East of the West line of the Illinois Toll Highway, said West line described as follows: Beginning at a point in the South line of said Northeast 1/4, 466.69 feet West of the Southeast corner thereof; thence Northwesterly along a line forming an angle of 83 degrees, 21 minutes and 34 seconds West to North, to the North line of said lot 1 of the Northeast 1/4 in Lake County, Illinois.

   B.   Conformance with Subdivision Regulations and Sketch Plat Required: The cluster subdivision development shall be a single unit subdivision and shall conform in all respects to the provisions of the subdivision regulations of the Village 1 and shall be in substantial conformity to the approved sketch plat.

   C.   Use as a Private Equestrian Club:

      1.   Use Restrictions: The area of the cluster subdivision shown on the approved sketch plat as lot 16, shall be limited permanently to a special use known as a "private equestrian club" and shall be used in strict observation of and in conformity with the following restrictions and conditions with regard to the use of said Lot 16 and the cluster subdivision:

         a.   The leasing of box stalls shall reflect the following priority:

            (1)   Owners of lots within cluster subdivisions.

            (2)   Residents of the Village.

            (3)   Nonresidents of the Village.

         b.   No commercial activity shall be permitted on the equestrian club, with the exception of the following permitted activities:

            (1)   The training, grooming and boarding of horses and sale of supplies to the owners of horses boarded at the equestrian club;

            (2)   The sale of equestrian lessons to owners of horses boarded at the equestrian club;

            (3)   The resale of tack and other goods associated with equestrian activities only to owners of horses boarded at the equestrian club;

            (4)   The sale of horses which are boarded at the equestrian club;

            (5)   The holding of equestrian shows or contests, limited to horses boarded at the equestrian club. No other horse shows or contests of any type shall be permitted;

            (6)   Grooming, stall cleaning and other services in conjunction with the leasing of box stalls may be provided by an independent contractor and shall meet all requirements of the Lake County Health Department;

            (7)   The club facilities will be limited to a maximum of sixty (60) box stalls and no more than sixty (60) horses shall be permitted on the premises.

      2.   Improvements: Improvements of Lot 16 shall strictly conform to the following limitations:

         a.   There shall be thirty foot (30') setbacks from all lot lines on Lot 16.

         b.   There shall only be one single-family residential building permitted on Lot 16.

         c.   Any fencing or equestrian apparatus on Lot 16 shall be placed ten feet (10') or more from the lot line and shall not exceed seven feet (7') in height.

         d.   No building shall be erected on Lot 16 exceeding twenty five feet (25') in height over the crown of the adjacent roadway.

         e.   Accessory buildings on Lot 16 shall be limited to barns, an arena building and related equestrian buildings of a maximum size of twenty thousand (20,000) square feet.

         f.   No buildings shall be erected on Lot 16 without review of said buildings by the Libertyville Fire Protection District.

      3.   Easements And Covenants: The following easements and covenants shall be provided and maintained:

         a.   An easement shall be established against Lot 16, requiring a horse pathway be established on the street right of way from Lot 16 to O'Plaine Road, with the proper construction and surface for riding horses and that the pathways be cleaned and maintained by the operators of the equestrian facilities on Lot 16.

         b.   A covenant shall be set forth on the plat of subdivision for the Equestrian Oaks area showing the horse riding pathway on public right of way (street).

         c.   A covenant shall be set forth on the plat of subdivision for the Equestrian Oaks area restricting the presence or keeping of horses to Lot 16 and the pathway area.

      4.   Reversion: In the event that the use of Lot 16 as an equestrian facility is abandoned, or the foregoing conditions are not satisfied at any time, the use of Lot 16 shall revert to permanent open space and no use or improvement thereon shall be permitted, other than the maintenance of one single- family residence use. All buildings, structures and improvements relating to equestrian use on said Lot 16 (other than such single-family residence and structures accessory thereto) shall be removed in the event that use as an equestrian facility is abandoned. (Ord. 81-06, 3-25-1981; amd. Ord. 91-04, 6-26-1991)

   A.   Authority: The Board of Trustees may determine and vary the application of the regulations established in this Title in harmony with its general purpose and intent and in accordance with the rules contained herein in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of these regulations relating to the use, construction or alteration of buildings or structures or the use of land. The power to determine and approve variations shall be exercised only by the adoption of ordinances.

   B.   Notice Of Hearing: Variations shall be made only in a specified case and after public meeting before the Zoning Board of Appeals. There shall be notice of the time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing in a newspaper published in the Village, or if no newspaper is published therein, then in a newspaper with a general circulation within the Village. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists. In addition to said published notice, the applicant for variation shall cause a copy of the published notice to be sent by certified mail, return receipt requested, at least five (5) days before the hearing, to the person in whose name the last taxes were billed of every lot or parcel which lies within five hundred feet (500') of the boundaries of the lot or parcel upon which the variation is proposed.

   D.   Rules Governing Variations: Variations shall be recommended by the Zoning Board of Appeals and approved by the Board of Trustees only if the evidence shows the following:

      1.   The variation, if granted, will not alter the essential character of the locality;

      2.   There are practical difficulties and particular hardships in the way of carrying out the strict letter of the regulations from which a variation is sought;

      3.   The relief, if granted, is the minimum necessary;

      4.   There will be no additional threat to public safety or creation of a nuisance; and

      5.   No additional public expense will result.

   E.   Accompanying Information: All variations shall be accompanied by findings of fact specifying the reason or reasons for making the variation. (Ord. 60-08, 4-27-60; amd. Ord. 81-01, 1-28-81; Ord. 98-09, 5-27-1998; Ord. 2023-O-12, 7-26-2023)

Variances requested in connection with the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historical Places or documented by the Illinois Department of Conservation may be granted using criteria more permissive than the requirements of subsection 8-10-2D and Section 8-8-13 of this Title. (Ord. 81-01, 1-28-82)

The following variations are granted with reference to Lots 1, 2 and 3 of the proposed subdivision:

   A.   Lot 1: Setback from the east wall of building now on Lot 1 to the east property line of Lot 1 to be reduced to eleven and one-half feet (11.5') at the northeast corner of said building and to six and one-fourth feet (6.25') at the southeast corner of said building.

   B.   Lot 2: Setback from east wall of building to east property line of Lot 2 to be reduced to two feet (2').

   C.   Lot 3: Setback from west wall of building to west line adjoining Lot 2 to be reduced to thirteen feet (13'). Setback from west wall of building to west line adjoining Lot 1 to be reduced in the following progression going north:

   22.00 feet

   18.25 feet

   6.25 feet

   24.25 feet

Said figures reflect the distance of the west wall of the building on Lot 3, as presently improved, from the west lot line of Lot 3 adjoining Lot 1. (Ord. 66-07, 10-26-66)