This chapter shall be officially known and cited as the “Unified Development Ordinance of Lake County, Illinois”. References herein to “this chapter” shall be interpreted as referring to the “Unified Development Ordinance”.

(Ord., § 1.1, passed 10-13-2009)

   This chapter is adopted pursuant to the statutory authority conferred by 55 ILCS 5/5-12001, 55 ILCS 5/5-1041, 55 ILCS 5/5-1062, 605 ILCS 5/6-325, and 615 ILCS 5/4.9 et seq.

(Ord., § 1.2, passed 10-13-2009)

   This chapter shall apply to all development, public and private, within unincorporated Lake County. All structures and land uses constructed or commenced hereafter and all enlargements of, additions to, changes in, and relocations of existing structures and uses occurring hereafter shall be subject to this chapter, all statutes of this state, the Building Codes of this county, and all other applicable county ordinances, except as specifically provided in this chapter.

(Ord., § 1.3, passed 10-13-2009; Ord. passed - -)

   The standards of this chapter are minimum requirements. The issuance of any permit, certificate, or approval in accordance with the standards and requirements of this chapter shall not relieve the recipient of the permit, certificate, or approval from the responsibility for complying with all other applicable requirements of any other county, state, or federal agency having jurisdiction over the structures or land uses for which the permit, certificate, or approval was issued.

(Ord., § 1.4, passed 10-13-2009)

   This chapter is intended to protect the health, safety, and general welfare of existing and future residents of the unincorporated area of Lake County by:

   (A)   Implementing the Regional Framework Plan;

   (B)   Classifying the unincorporated area of the county into zoning districts;

   (C)   Regulating and restricting the location and use of buildings, structures, and land for agriculture, natural resource conservation, recreation, trade, industry, residences, and other uses;

   (D)   Regulating the intensity of uses and structures through density, intensity, dimensional, and open space standards;

   (E)   Protecting landowners from any adverse impacts associated with development that occurs in unincorporated Lake County;

   (F)   Implementing land use and open space policies that will preserve agricultural uses of land, including local food production, and the rural, open character of the unincorporated area of the county;

   (G)   Controlling development in areas of sensitive natural resources, in order to reduce or eliminate adverse environmental impacts;

   (H)   Protecting the integrity of watersheds;

   (I)   Promoting sustainable development;

   (J)   Promoting conservation development;

   (K)   Managing growth within the unincorporated area of Lake County by concentrating development in areas where adequate sewage and water facilities, roads, and schools now exist or can be provided, and limiting development in areas where these facilities are not adequate;

   (L)   Protecting the tax base by managing growth within unincorporated Lake County;

   (M)   Promoting land use patterns that increase efficiency in service provision and prudent use of fiscal resources and local government expenditures;

   (N)   Providing standards for all types of dwelling units to ensure access to decent, sound, sanitary and affordable housing for renters and buyers in accordance with the goals of the Federal Housing Act of 1949, among which is the provision of adequate zoning to meet a fair share of the region’s housing needs;

   (O)   Encouraging provision of affordable housing opportunities near employment centers and major transportation facilities;

   (P)   Ensuring the continued usefulness of all elements of the highway system for their planned function by increasing the safety and free flow of traffic by limiting numbers of intersections and driveways on major roads, while requiring greater connectivity of local streets;

   (Q)   Ensuring protection from fire, flood, and other dangers;

   (R)   Providing adequate privacy, light, and air; and

   (S)   Gradually eliminating uses, structures, and situations that do not comply with this chapter.

(Ord., § 1.5, passed 10-13-2009; Ord. passed - -)

   (A)   The degree of flood protection provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Nonetheless, greater floods may occur on occasion and flood heights may be increased by man-made or natural causes.

   (B)   This chapter does not imply that areas outside floodplain areas or that land uses permitted within those areas will always be totally free from flooding or flood damages. This chapter shall not create any liability on the part of or a cause of action against the County Board or any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord., § 1.6, passed 10-13-2009)

   This chapter is intended to repeal the original county ordinance or resolution that was adopted to meet the National Flood Insurance Program regulations, but is not intended to repeal the resolution approved by the County Board to establish initial eligibility for the program.

(Ord., § 1.7, passed 10-13-2009)

   Whenever a provision of this chapter requires additional explanation to clarify its intent, a “Commentary” is included. They have no regulatory effect, but rather are intended solely as a guide for administrative officials and the public to use in understanding and interpreting the ordinance.

(Ord., § 1.8, passed 10-13-2009)

   (A)   Meanings and intent. All provisions, terms, phrases, and expressions contained in this chapter shall be construed according to the purpose and intent set out in § 151.005. See also written interpretations, § 151.057.

   (B)   Headings, illustrations, and text. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure, or illustration, the text shall control.

   (C)   Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as “including”, “such as”, or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.

   (D)   Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by the county, that day shall be excluded.

   (E)   References to other regulations, publications and documents. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of the resolution, ordinance, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated.

   (F)   Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the county to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.

   (G)   Technical and non-technical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to that meaning. (See also §§ 151.270 and 151.271.)

   (H)   Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the county, unless otherwise expressly provided.

   (I)   Mandatory and discretionary terms. The words “shall”, “will”, and “must” are mandatory. The words “may” and “should” are advisory and discretionary terms.

   (J)   Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: “and” indicates that all connected items, conditions, provisions, or events apply; and “or” indicates that one or more of the connected items, conditions, provisions, or events may apply.

   (K)   Tenses and plurals. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.

   (L)   Numerical calculations. Unless otherwise specifically indicated, for standards involving the use of whole numbers, all calculations shall be rounded to the nearest whole number.

(Ord., § 1.9, passed 10-13-2009; Ord. passed - -)

   (A)   Conflict with state or federal regulations. If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.

   (B)   Conflict with other county regulations. If the provisions of this chapter are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the county, the more restrictive provision will control. No text amendment, zoning variance, or condition of approval placed on a conditional use permit or other form of development approval under this chapter shall have the effect of nullifying, abrogating, or diminishing the provisions of any other county ordinance.

   (C)   Conflict with private easements, agreements, covenants, or restrictions. This chapter is not intended to abrogate, annul, or otherwise interfere with any private easement, agreement, covenant, restriction, or other private legal relationship. The county is responsible for enforcing this chapter; it does not enforce private agreements, easements, covenants, or restrictions except those specifically required for the administration and enforcement of this chapter.

(Ord., § 1.10, passed 10-13-2009)

   (A)   Violations continue. Any violation of the previous zoning, subdivision, mobile home park, recreational vehicle park, or sign regulations of the county shall continue to be a violation under this chapter and shall be subject to penalties and enforcement under §§ 151.250 through 151.258, unless the use, development, construction, or other activity is consistent with the express terms of this chapter, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before April 11, 2000.

   (B)   Conditional uses.

      (1)   Any use that was legally established before April 11, 2000 without a conditional use permit and which, after April 11, 2000 is located within a zoning district that requires a conditional use permit for the subject use, shall be issued a conditional use permit without following the procedures of § 151.050. The Planning, Building and Development Director shall have the authority to impose reasonable conditions on the use relating to standards prescribed by this and other applicable ordinances. The conditions shall be subject to the appeal provisions of § 151.058. Any use that was legally established prior to the conditional use permit requirement of this chapter for the subject use in the zoning district in question shall similarly be issued a conditional use permit without following the procedures of § 151.050. Expansions and modifications of the uses shall be subject to § 151.050. Even if a conditional use permit is issued pursuant to this section, those uses or structures that do not comply with applicable standards of this chapter, including the use standards of § 151.112, shall be deemed nonconforming and be subject to the regulations of §§ 151.230 through 151.236.

 

 

      (2)   Any use that was legally established before April 11, 2000 with a conditional use permit and which after April 11, 2000 is located within a zoning district that requires a conditional use permit for the subject use, may continue to be operated under the terms of the original conditional use permit. The use shall be subject to all applicable standards of this chapter, including the use standards of § 151.112 and the nonconformity regulations of §§ 151.230 through 151.236. Expansions and modifications of the uses shall be subject to § 151.050.

      (3)   Any use that was legally established before April 11, 2000 with a conditional use permit and which after April 11, 2000 is located within a zoning district that does not require a conditional use permit for the subject use, shall continue to be subject to all applicable standards of this chapter, including the use standards of § 151.112 and the nonconformity regulations of §§ 151.230 through 151.236.

   (C)   Temporary administrative deferrals.

      (1)   Upon the County Board’s adoption of a resolution to conduct hearings relating to any amendments to the text or maps of this chapter, the Planning, Building and Development Director, upon the consent of the Planning, Building and Zoning Committee, shall be empowered to place a temporary administrative deferral on applications that are materially affected by the proposed amendments, if adopted.

      (2)   This temporary administrative deferral shall be in place for a reasonable period of time not to exceed a maximum of 120 days.

      (3)   A temporary administrative deferral shall automatically cease upon the expiration of 120 days or upon final action by the County Board relating to the proposed amendment, whichever occurs first. Upon receipt of an application, the Planning, Building and Development Director shall inform the applicant in writing of the temporary administrative deferral and shall inform the applicant that the application shall be processed in accordance with the outcome of the proposed amendment.

      (4)   The Planning, Building and Development Director shall be similarly empowered to place a temporary administrative deferral on applications that are materially affected by any pending amendments to other county ordinances, subject to the same notice requirements specified above.

(Ord., § 1.11, passed 10-13-2009)