The provisions of this § 151.045 apply to all development applications and procedures under this subchapter unless otherwise stated.

      (1)   If the fee owner has entered into a contract for the sale of the subject property, the contract purchaser shall be a co-petitioner to the petition or application.

      (2)   If the subject property is governed by a land trust agreement, the trustee of the land trust shall be a petitioner or co-petitioner. When the petitioner or co-petitioner is a land trust or trustee of a land trust, the application shall identify each beneficiary of the land trust by name and address and define each beneficiary’s interest therein. All applications shall be verified by the applicant, petitioner, or co-petitioner in his or her capacity as trustee.

      (3)   When the petitioner or co-petitioner is a corporation, the petition or application shall include the correct names and addresses of all stockholders or shareholders owning any interest in excess of 20% of all outstanding stock of the corporation.

      (4)   When the petitioner or co-petitioner is a business entity doing business under an assumed name, the petition or application shall include the names and addresses of all true and actual owners of the business or entity.

      (5)   When the petitioner or co-petitioner is a partnership, joint venture, syndicate, or an unincorporated voluntary association, the application shall include the names and addresses of all partners, joint venturers, syndicate members, or members of the unincorporated voluntary association.

         (a)   Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;

         (b)   Describe the property involved in the application by street address and, if required, by legal description or Property Index Number (PIN);

         (c)   Describe the nature, scope, and purpose of the application or proposal; and

         (d)   Indicate where additional information on the matter can be obtained.

            1.   When neighbor notice is required, the Planning, Building and Development Director shall also provide written notice to the following reviewing agencies and individuals, as deemed appropriate by the Planning, Building and Development Director in light of the subject matter:

               a.   Cable television company;

               b.    County Board district member;

               c.    Electric company;

               d.   Fire Department/ protection district;

               e.   Gas company;

               f.   Illinois Department of Natural Resources;

               g.   Illinois Department of Transportation;

               h.    J.U.L.I.E.;

               i.   Lake County Forest Preserve District;

               j.   Lake County Map Services;

               k.   Local postmaster;

               l.    Mayor/President of all municipalities within a one and one-half-mile radius of the subject property;

               m.    METRA and PACE;

               n.   Planning, Building, Zoning and Environment Committee members;

               o.    Regional Superintendent of Schools;

               p.   Soil and Water Conservation District;

               q.    Sanitary District;

               r.    Lake County Stormwater Management Commission;

               s.    Superintendent, grade school district;

               t.    Superintendent, high school district;

               u.    Telephone company;

               v.    Township Assessor;

               w.    Township Highway Commissioner;

               x.    Township Supervisor; and

               y.   Water District.

            2.   Failure to provide notice to reviewing agencies or interested parties shall not invalidate any action taken.

            1.   When the provisions of this chapter require that notice be posted, the official responsible for accepting the application shall post a sign on the subject property in a manner clearly visible to neighboring residents and passers-by from each adjacent street. Failure to correctly post notice shall not invalidate any action taken.

               a.   The fact that a public hearing is to be held regarding the subject property with direction to interested members of the public to call the Lake County Planning, Building, and Development Department for further information regarding time, date, location, and substance of the public hearing; and

               b.   The telephone number of the Lake County Planning, Building, and Development Department.

      (4)   Constructive notice. Minor defects in a notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Failure of a party to receive notice shall not invalidate any subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the date, time, and place of a hearing and the location of the subject property shall be strictly construed. If questions arise regarding the adequacy of notice, the body conducting the hearing or meeting shall make a formal finding regarding whether there was substantial compliance with the notice requirements of this chapter.

      (1)   Location. Unless otherwise specifically required, public hearings required in this subchapter shall be held in the township in which the subject property is located or in the Lake County Central Permit Facility or other county building. If the owner of the subject property so requests, the hearing shall be held in the township in which the subject property is located. In considering amendments to the text of this chapter, the hearing shall be held in the Lake County Central Permit Facility or other suitable county building.

(Ord., § 3.1, passed 10-13-2009; Ord. passed 8-14-2012; Ord. 25-1050, passed 9-9-2025)

   (A)   Application filing.

      (1)   Who may file. Any person may file an application for an ordinance text amendment.

      (2)   Application submittal. Applications for amendments to the text of this chapter shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department. When a text amendment is initiated by the County Board, a resolution approved by the County Board shall be considered an application.

   (B)   Public hearing notice. Newspaper notice and notice to reviewing agencies and interested parties shall be provided for all public hearings in accordance with the requirements of § 151.045(G).

   (C)   Staff review and recommendation. Planning, Building and Development Department staff shall review each proposed text amendment in light of the text amendment approval criteria of subsection (G) below and provide a report to the Zoning Board of Appeals.

   (D)   Zoning Board of Appeals review and recommendation. The Zoning Board of Appeals shall hold a public hearing on the proposed text amendment and make a recommendation to the County Board, based on the text amendment approval criteria of § 151.046(G). In the case of amendments to the text of §§ 151.185 through 151.204 (subdivisions), §§ 151.220 and 151.221 (school and park contributions), or the procedures of § 151.204 (vacations), the Planning, Building and Zoning Committee shall hold the public hearing and make the recommendation to the County Board instead of the Zoning Board of Appeals.

   (E)   Planning, Building and Zoning Committee review and recommendation. After receiving the recommendation of the Zoning Board of Appeals, the Planning, Building and Zoning Committee shall review the application and make a recommendation to the County Board based on the text amendment approval criteria of subsection (G) below.

   (F)   County Board review and action. After receiving required recommendations, the County Board shall review the application and act to approve, approve with conditions or deny the proposed amendment based on the text amendment approval criteria of subsection (G) below.

   (G)   Text amendment approval criteria. Text amendments to this chapter may be approved only upon an affirmative finding that all of the following approval criteria have been met:

      (1)   The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition;

      (2)   The proposed amendment is consistent with the purpose and intent of this chapter (§ 151.005); and

      (3)   The proposed amendment will not adversely affect the health, safety, morals, and general welfare of the public.

   (H)   Protest petitions. If a valid protest petition is filed on a proposed amendment to the text of any provision of this chapter other than those provisions of §§ 151.185 through 151.204 (subdivisions), §§ 151.220 and 151.221 (school and park contributions) or the vacation procedures of this chapter, the amendment shall require an affirmative vote of at least 75% of all the members of the County Board. Protest petitions shall be filed with the County Clerk by 1:00 p.m. on the day before the County Board acts on the proposed text amendment.

 

 

(Ord., § 3.2, passed 10-13-2009; Ord. passed - -)

   (A)   Application filing.

      (1)   Who may file. Zoning map amendments may be initiated by the County Board, by application of all the fee owners of the subject property, or by the owners’ authorized agent. When the County Board initiates action under this chapter, it does so without prejudice towards the outcome.

      (2)   Application submittal.

         (a)   Applications for amendments to the official zoning map shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department. Rezoning applications may be processed concurrently with applications for site capacity/site plan review and subdivision preapplication conferences.

         (b)   When a zoning map amendment is initiated by the County Board, a resolution approved by the County Board shall be considered an application.

   (B)   Public hearing notice. Neighbor, newspaper and posted notice of the Zoning Board of Appeals’ public hearing shall be provided in accordance with the requirements of § 151.045(G).

   (C)   Staff review and recommendation. Planning, Building and Development Department staff shall review each proposed zoning map amendment in light of the map amendment approval criteria of subsection (G) below and provide a report to the Zoning Board of Appeals.

   (D)   Zoning Board of Appeals’ review and recommendation. The Zoning Board of Appeals shall hold a public hearing on the proposed amendment and recommend approval, approval with conditions, or denial of the application based on the map amendment approval criteria of subsection (G) below.

   (E)   Planning, Building and Zoning Committee review and recommendation. After receiving the recommendation of the Zoning Board of Appeals, the Planning, Building and Zoning Committee shall review the application and make a recommendation to the County Board based on the map amendment approval criteria of subsection (G) below.

   (F)   County Board review and action. After receiving the required recommendations, the County Board shall review the application and act to approve, approve with conditions, or deny the proposed amendment based on the map amendment approval criteria of subsection (G) below.

   (G)   Map amendment approval criteria.

      (1)   In making its recommendation, the Zoning Board of Appeals shall consider, and make findings of fact in relation to, the following criteria.

      (2)   The recommendation of the Zoning Board of Appeals shall be based on the preponderance of the evidence related to the following factors and no one factor shall be controlling:

         (a)   The proposed amendment is consistent with the stated purpose and intent of § 151.005;

         (b)   The proposed amendment corrects an error or inconsistency or meets the challenge of some changing condition in the area;

         (c)   The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;

         (d)   The county and other service providers will be able to provide adequate public facilities and services to the property, while maintaining adequate levels of service to existing development;

         (e)   The proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or on the environment, including air, water, noise, stormwater management, wildlife, and natural resources; and

         (f)   The subject property is suitable for proposed zoning classification.

 

 

   (H)   Protest petitions. If a valid protest petition is filed, the amendment shall require an affirmative vote of at least 75% of all the members of the County Board. Protest petitions shall be filed with the Lake County Clerk by 1:00 p.m. on the day before the County Board acts on the proposed zoning map amendment.

 

 

(Ord., § 3.3, passed 10-13-2009)

   Site capacity calculation/site plan review procedures are located in § 151.070.

(Ord., § 3.4, passed 10-13-2009)

   Subdivision review procedures are located in § 151.186.

(Ord., § 3.5, passed 10-13-2009)

   (A)   Classification of conditional use permits.

      (1)   Delegated conditional use permits. Delegated conditional use permits are those conditional use permits for which the County Board has delegated final decision-making authority to the Zoning Board of Appeals, as provided in §§ 151.111 and 151.114(D).

      (2)   Non-delegated conditional use permits. Non-delegated conditional use permits are those conditional use permits for which the County Board has retained the final decision-making authority, as provided in § 151.111.

   (B)   Application filing. Applications for conditional use permits shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department.

   (C)   Public hearing notice. Neighbor, newspaper and posted notice of the Zoning Board of Appeals’ public hearing shall be provided in accordance with the requirements of § 151.045(G).

   (D)   Staff review and recommendation. Planning, Building and Development Department staff shall review each conditional use permit application in light of the approval criteria of subsection (F) below and provide a report to the Zoning Board of Appeals. In addition, the Planning, Building and Development Director may request a formal site plan review prior to the Zoning Board of Appeals hearing.

 

 

   (E)   Review and action.

      (1)   Delegated conditional use permits. The Zoning Board of Appeals shall hold a public hearing on a delegated conditional use permit request and approve, approve with conditions or deny the request based on the conditional use approval criteria of subsection (F) below.

      (2)   Non-delegated conditional use permits.

         (a)   Zoning Board of Appeals’ review and recommendation. The Zoning Board of Appeals shall hold a public hearing on the non-delegated conditional use permit request and recommend approval, approval with conditions, or denial of the application based on the conditional use approval criteria of subsection (F) below.

         (b)   Planning, Building and Zoning Committee review and recommendation. After receiving the recommendation of the Zoning Board of Appeals, the Planning, Building and Zoning Committee shall review the application and make a recommendation to the County Board based on the conditional use approval criteria of subsection (F) below.

         (c)   County Board review and action. After receiving the required recommendations, the County Board shall review the application and act to approve, approve with conditions, or deny the application based on the conditional use approval criteria of subsection (F).

 

 

   (F)   Conditional use approval criteria. Conditional use permits may be approved only if all of the following criteria are met:

      (1)   The use in its proposed location will be consistent with the stated purpose and intent of § 151.005;

      (2)   The proposed use in its proposed location complies with all applicable standards of this chapter, including any applicable use standards of § 151.112; and

      (3)   The proposed use in its proposed location will not have a substantial adverse impact on any of the following, either as they exist at the time of application or as they may be developed in the future due to implementation of the Regional Framework Plan:

         (a)   Adjacent property;

         (b)   The character of the neighborhood;

         (c)   Natural resources;

         (d)   Infrastructure;

         (e)   Public sites; or

         (f)   Any other matters affecting the public health, safety, or general welfare.

 

 

   (G)   Findings of fact; written transcripts.

      (1)   All decisions on conditional use permits shall be supported by findings of fact specifying the reasons for the decision.

      (2)   A written transcript of the hearing shall be prepared for all conditional use permits.

   (H)   Lapse of approval.

      (1)   Unless otherwise expressly stated in the conditional use permit, or by concurrent action by the Planning, Building and Zoning Committee, if an approved conditional use has not been established within two years of the date of approval or if the use that is the subject of the conditional use permit is abandoned for a period of more than one year, the conditional use permit shall lapse and be of no further effect.

      (2)   For purposes of this section, the term established shall mean the issuance of a permit or permits for the principal use that is the subject of the conditional use permit.

      (3)   For phased development, the term established shall mean the issuance of a permit or permits for the first phase of development. The timeframes referenced above or as established at the time of conditional use permit approval may be extended by the Director for up to two years.

      (4)   Extensions beyond two years shall may be approved by the Zoning Board of Appeals for delegated conditional use permits and the Planning. Building and Zoning Committee for non-delegated conditional use permits, if all extension requests shall be filed with the Planning, Building and Development Director prior to expiration of the conditional use permit.

   (I)   Amendments to approved conditional use permits. The establishment of accessory uses and structures that do not exceed 25% of the existing floor area ratio or 30% of the existing impervious surface ratio shall be authorized by the Planning, Building and Development Director, except in those cases that, in the opinion of the Planning, Building and Development Director, may have a potential significant impact on the surrounding properties. If the above percentages are exceeded, the Zoning Board of Appeals shall be authorized to allow the establishment of accessory uses and structures for delegated conditional use permits and the Planning, Building and Zoning Committee shall be authorized to allow the establishment of all other accessory uses and structures for non-delegated conditional use permits. Any other proposed change, amendment, variation, or alteration may be approved only pursuant to the standards and procedures established by this section for the approval. The Planning, Building and Development Director shall record and maintain a record of all authorized changes in approved conditional use permits.

(Ord., § 3.6, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - -; Ord. 23-0675, passed 5-9-2023; Ord. 24-0207, passed 3-12-2024)

   (A)   Overview. Planned unit developments (PUDs) shall be processed, reviewed and approved in three steps: (1) early assistant meeting; (2) PUD preliminary plan/plat (processed concurrently with the required conditional use permit and any required zoning map amendment); and (3) PUD final plan/plat. A conditional use permit and any zoning change approved for a planned unit development shall not become effective until the final PUD plat/plan is approved in accordance with the procedures of this section and recorded in the office of the Lake County Recorder. The standards that apply to PUDs are set out in § 151.132. Notwithstanding the fact that approved planned unit developments are issued a conditional use permit, the procedures of this section shall govern in the review and approval of planned unit developments.

   (B)   Early Assistance Meeting. The Early Assistance Meeting step of the planned unit development process is intended to familiarize the applicant with applicable procedures, submittal requirements, development standards, and other pertinent matters before the applicant finalizes the development proposal or otherwise spends large sums of money in laying out the proposed development.

      (1)   Application filing. Applications for Early Assistance Meeting shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department.

 

 

      (2)   Distribution of application; scheduling of Early Assistance Meeting. Upon receipt of a complete application for an Early Assistance Meeting , the Planning, Building and Development Director shall distribute copies of the application to the Multi-Disciplinary Team members and other affected reviewing agencies and place the matter on the agenda of the Multi-Disciplinary Team following the review period. The Planning, Building and Development Director shall notify the Multi-Disciplinary Team and the applicant of the date, time, and place of the scheduled Early Assistance Meeting.

      (3)   Review of application. Within ten days of the receipt of a complete application for an Early Assistance Meeting, Multi-Disciplinary Team members shall review the application and provide written comments to the Planning, Building and Development Director. The Planning, Building and Development Director shall compile all comments received by the end of the review period for presentation to the applicant at the Early Assistance Meeting.

      (4)   Multi-Disciplinary Team meeting. Multi-Disciplinary Team comments on the application shall be presented to the applicant at the scheduled Early Assistance Meeting. Each member of the Multi-Disciplinary Team shall be given an opportunity to present their findings and recommendations on the application. Following the Early Assistance meeting, the Planning, Building and Development Director shall provide a written report to the applicant containing the written comments of the Multi-Disciplinary Team and instructions for proceeding with the planned unit development process.

   (C)   PUD preliminary plan/plat. Upon completion of the Early Assistance Meeting stage of the PUD process, applicants shall prepare and submit a preliminary plan/plat for the proposed development. The PUD preliminary plan/plat shall be processed concurrently with any required zoning map amendment. All PUD preliminary plans shall require review and recommendation by the Zoning Board of Appeals and the Planning, Building and Zoning Committee. The County Board shall have final decision-making authority on PUD preliminary plans. The County Board’s approval of the preliminary plan constitutes approval of the conceptual use and layout of the proposed PUD.

      (1)   Public hearing notice. Neighbor, newspaper, and posted notice of the Zoning Board of Appeals’ public hearing on PUD preliminary plans shall be provided in accordance with the requirements of § 151.045(G).

      (2)   Staff review and recommendation. Planning, Building and Development Department staff shall review each PUD preliminary plan/plat application in light of the PUD preliminary plan/plat criteria of subsection (C)(8) below and provide a report to the Zoning Board of Appeals.

      (3)   Zoning Board of Appeals’ review and recommendation. The Zoning Board of Appeals shall hold a public hearing on the PUD preliminary plan/ plat and recommend approval, approval with conditions or denial of the application based on the PUD preliminary plan/plat approval criteria of subsection (C)(7) below.

      (4)   Planning, Building and Zoning Committee review and recommendation. After receiving the recommendation of the Zoning Board of Appeals, the Planning, Building and Zoning Committee shall review the application and make a recommendation to the County Board based on the approval criteria of subsection (C)(7) below.

      (5)   County Board review and action. After receiving the required recommendations, the County Board shall review the application and act to approve, approve with conditions or deny the application based on the approval criteria of subsection (C)(7) below. Any zoning map amendments required shall be considered concurrently with the PUD preliminary plan. Approval of a PUD preliminary plan shall constitute approval of a conditional use permit which, together with any zoning change accompanying the conditional use permit, shall not become effective until any final PUD plan/plat for the development is approved in accordance with the procedures of § 151.186 and recorded in the office of the Lake County Recorder.

      (6)   Planning, Building and Zoning Committee review and action on preliminary plat (if PUD involves subdivision of land). Subsequent to the approval of the preliminary plan by the County Board, and upon completion of review of the preliminary plat and preliminary engineering by the Multi-Disciplinary Team, the Planning Building and Development Director shall present the proposed preliminary plat to the Planning, Building and Zoning Committee for its consideration. After considering the matter, the Planning, Building and Zoning Committee shall act to approve, approve with conditions or disapprove the proposed preliminary plat. PUD preliminary plats shall be reviewed and approved in accordance with the preliminary plat procedures of § 151.191(E). The Planning, Building and Zoning Committee shall have final decision-making authority on preliminary PUD plats.

      (7)   PUD preliminary plan/plat approval criteria. Recommendations and decisions on PUD preliminary plans shall be based on consideration of whether:

         (a)   The proposed development in its proposed location is consistent with the Regional Framework Plan;

         (b)   The proposed development in its proposed location complies with the PUD standards of § 151.132; and

         (c)   The proposed development in its proposed location will not result in a substantial adverse effect on any of the following, either as they exist at the time of application or as they may in the future be developed as a result of implementation of the Regional Framework Plan:

            1.   Adjacent property;

            2.   Natural resources;

            3.   Infrastructure;

            4.   Public sites; or

            5.   Any other matters affecting the public health, safety, or general welfare.

      (8)   Effect of approval. Once a PUD preliminary plan/plat is approved, applicants shall proceed to the final plat stage of the development process for review and approval in accordance with the final plat procedures of § 151.191(F). If no plat is required for the proposed development, a final PUD plan shall be submitted and processed in accordance with the final plat procedures. The Planning, Building and Zoning Committee shall have final decision-making authority on final PUD plans and plats.

      (9)   Lapse of approval. A PUD preliminary plan/plat shall lapse and be of no further effect if a final plat or final PUD plan has not been approved within 24 months of the date of PUD preliminary plan/plat approval. A PUD preliminary plan/plat may be extended in accordance with the provisions of § 151.191(E)(6).

   (D)   Modification of approved PUD preliminary plans/plats. A preliminary PUD plan/plat that has received final approval from the County Board may be modified only in accordance with procedures and standards of this subsection (D).

      (1)   Definitions.

         (a)   A major modification to an approved preliminary PUD plan/plat is modification that meets any of the following thresholds:

            1.   Increases the number of dwelling units (when compared to the approved preliminary PUD plan/plat);

            2.   Increases the floor area devoted to nonresidential uses by more than the following amounts:

 

 

            3.   Increases nonresidential floor area by more than 5,000 square feet (compared to the approved preliminary PUD plan/plat);

            4.   Increases the impervious surface devoted to nonresidential uses by more than the following amounts:

 

 

            5.   Increases impervious surface area by more than 20,000 square feet (compared to the approved preliminary PUD plan/plat);

            6.   Reduces the amount of open space required by the approved preliminary PUD plan/plat;

            7.   Increases the height of any building by more than 10% or ten feet, whichever is less;

            8.   Reduces the amount of landscaping by more than 5%; or

            9.   Otherwise represents a change to the overall character of the previously approved PUD plan.

         (b)   A minor modification to an approved preliminary PUD plan/plat is any modification that is not a major modification.

      (2)   Minor modification procedure. Minor modifications shall require review and approval in accordance with the following:

         (a)   The Multi-Disciplinary Team shall make a recommendation to the Planning, Building and Zoning Committee; and

         (b)   Based upon recommendations from the Multi-Disciplinary Team, the Planning, Building and Zoning Committee shall make a final decision. Neighbor, newspaper, and posted notice of the Planning, Building and Zoning Committee’s meeting shall be provided in accordance with the requirements of § 151.045(G).

      (3)   Major modification procedure. All major modifications shall require re-review and approval of PUD preliminary plan/plat in accordance with the procedures of subsection (C) of this section.

      (4)   Record. All approved major and minor modifications shall be recorded as amendments to the recorded copy of the preliminary PUD plan/plat before they have any effect.

   (E)   PUD final plans/plats. PUD final plats shall be reviewed and approved in accordance with the final plat procedures of § 151.186. If no plat is required for the proposed development, a final PUD plan shall be submitted and processed in accordance with the final plat procedures of § 151.186. The Planning, Building and Zoning Committee shall have final decision-making authority on final PUD plans and plats.

 

 

   (F)   Modification of approved PUD final plans/plats. A final PUD plan/plat that has received final approval from the Planning, Building and Zoning Committee may be modified only in accordance with procedures and standards of this subsection (F).

      (1)   Definitions.

         (a)   A major modification to an approved final PUD plan/plat is modification that meets any of the following thresholds:

            1.   Increases the number of dwelling units (when compared to the approved final PUD plan/plat);

            2.   Increases the floor area devoted to nonresidential uses by more than the following amounts:

 

 

            3.   Increases nonresidential floor area by more than 5,000 square feet (compared to the approved final PUD plan/plat);

            4.   Increases the impervious surface devoted to nonresidential uses by more than the following amounts:

 

 

            5.   Increases impervious surface area by more than 20,000 square feet (compared to the approved final PUD plan/plat);

            6.   Reduces the amount of open space required by the approved final PUD plan/plat;

            7.   Increases the height of any building by more than 10% or ten feet, whichever is less;

            8.   Reduces the amount of landscaping by more than 5%; or

            9.   Otherwise represents a change to the overall character of the previously approved PUD plan.

         (b)   A minor modification to an approved final PUD plan/plat is any modification that is not a major modification.

 

 

      (2)   Minor modification procedure. Minor modifications shall require review and approval in accordance with the following:

         (a)   The Multi-Disciplinary Team shall make a recommendation to the Planning, Building and Zoning Committee; and

         (b)   Based upon recommendations from the Multi-Disciplinary Team, the Planning, Building and Zoning Committee shall make a final decision. Neighbor, newspaper and posted notice of the Planning, Building and Zoning Committee’s meeting shall be provided in accordance with the requirements of § 151.045(G).

      (3)   Major modification procedure. All major modifications shall require re-review and approval of a PUD final plan/plat in accordance with the procedures of subsection (E) above.

      (4)   Record. All approved major and minor modifications shall be recorded as amendments to the recorded copy of the final PUD plan/plat before they have any effect.

(Ord., § 3.7, passed 10-13-2009; Ord. passed - -)

   Site development permit review procedures are located in § 151.145, with the site development regulations.

(Ord., § 3.8, passed 10-13-2009)

   Design review is the procedure used for determining nonresidential developments’ compliance with the general development standards of §§ 151.165 through 151.173, including the architectural standards of § 151.171. Design review is not conducted as a separate, stand-alone procedure, but rather is carried out as part of the review of a subdivision.

   (A)   Applicability. All subdivisions and conditional use permit applications for nonresidential uses shall be subject to design review.

   (B)   Procedure. Design review shall be conducted as part of the review of the applicable nonresidential subdivision or conditional use permit application. All applicable subdivision or conditional use permit review procedures shall apply, including any appeal procedures. In their review of developments that are subject to design review, review and decision-making bodies shall consider, in addition to the approval criteria that apply to the subdivision or conditional use permit, whether the application complies with the general development standards of §§ 151.165 through 151.173, including the architectural standards of § 151.171.

(Ord., § 3.9, passed 10-13-2009)

   (A)   No land or building shall be occupied or used in whole or in part for any use whatsoever until a certificate of occupancy has been issued by the Planning, Building and Development Director, indicating that the building or use complies with all requirements of this chapter.

   (B)   Upon completion of any building or other structure in accordance with applicable building permit requirements and prior to occupancy, a certificate of occupancy is required for the use originally designated.

   (C)   The building or other structure and its use shall be subject to all relevant requirements of this chapter.

(Ord., § 3.10, passed 10-13-2009)

   This section sets out the procedures for review and approval of sign plans and sign permits for signs requiring permits under § 151.173.

   (A)   Sign plans.

      (1)   Applicability. Sign plan approval shall be required for any site containing or proposed to contain more than one sign. No sign permit shall be issued for a site that is subject to sign plan requirements until a sign plan has been approved. Temporary signs shall be exempt from sign plan requirements.

      (2)   Application filing. Sign plan applications shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department.

      (3)   Staff review and action. The Planning, Building and Development Director shall review each proposed sign plan application in accordance with the sign plan review criteria set forth in § 151.055(A)(4) and act to approve, approve with conditions, or deny the sign plan.

      (4)   Sign plan approval criteria. A sign plan may be approved only if the Planning, Building and Development Director determines that all of the following approval criteria have been met:

         (a)   The sign plan complies with all applicable standards of this chapter, including the sign regulations of § 151.173;

         (b)   The sign plan is consistent with any approved or concurrently proposed PUD, subdivision, or site plan for the site, including the parking and landscaping provisions of the plan; and

         (c)   All aspects of the sign plan are consistent with any conditions imposed on the site under any applicable approvals.

      (5)   Simultaneous review. An applicant for approval of a planned unit development (§ 151.051), conditional use permit (§ 151.050), site plan, or subdivision plat may submit an application for approval of a sign plan concurrently with the application for approval of the plan or permit and the two shall be reviewed and acted on simultaneously.

   (B)   Individual sign permits.

      (1)   Applicability. Signs identified with a “P” in Table 151.173(G) shall be erected, installed, or created only in accordance with a duly issued and valid sign permit.

      (2)   Application filing. Sign permit applications shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department.

      (3)   Staff review and action. The Planning, Building and Development Director shall review each proposed sign permit application for the purpose of determining whether the proposed sign complies with all applicable sign regulations of § 151.173 and the sign plan, if applicable. Based on that review, the Planning, Building and Development Director shall:

         (a)   Issue the sign permit, if the sign complies in every respect with the standards of § 151.173 and the sign plan, if applicable; or

         (b)   Deny the sign permit if the sign fails in any way to comply with the standards of § 151.173 or the applicable sign plan.

      (4)   Lapse of approval/inspections.

         (a)   If an approved sign has not been erected or put in place within six months of the issuance of the sign permit, the sign permit shall lapse and be of no further effect.

         (b)   The applicant shall request that the county inspect the sign at the end of the six-month period following issuance of the sign permit.

         (c)   If, upon inspection, the construction is substantially incomplete, the Planning, Building and Development Director shall give the property owner or tenant notice that the sign permit has lapsed.

         (d)   If, upon inspection, the construction is found to be substantially complete but not in full compliance with § 151.173 or other applicable codes, the Planning, Building and Development Director shall give the property owner or tenant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected.

         (e)   If the deficiencies are not corrected by that date, the sign permit shall lapse and the sign shall be removed immediately.

         (f)   The failure to remove a sign for which a permit has lapsed shall be unlawful.

(Ord., § 3.11, passed 10-13-2009) Penalty, see § 10.99

   (A)   Applicability. This section provides a procedure for gaining approval of variances from the standards of this chapter, except those of § 151.056, §§ 151.185 through 151.204, §§ 151.220 and 151.221, or § 151.233(D)(1) and (2), in order to relieve hardships and achieve parity among properties similarly located and classified.

   (B)   Classification of zoning variances.

      (1)   Administrative variance.

         (a)   A request to modify by 10% or less any numeric standard of this chapter, except those related to maximum allowed densities and any standard of §§ 151.070 through 151.072 and 151.145 through 151.154, may be heard and decided by the Director of Planning, Building and Development as an administrative variance, in which case no public hearing is required.

         (b)   However, before the variance may be granted, a notice of the intent to grant the variance shall be sent by certified mail to all adjoining landowners as well as those located directly across any street from the subject property.

         (c)   If any landowner files a written request for public hearing with the Director within 15 calendar days of receipt of the notice, the variance shall then be processed as a minor variance.

         (d)   The decision on an administrative variation shall be based on the approval criteria of subsection (C)(4) below and findings of fact shall be made in accordance with subsection (C)(5) below.

 

 

      (2)   Minor zoning variance. A modification of 20% or less of any numeric standard (except those of §§ 151.070 through 151.072 and §§ 151.145 through 151.154) and except those that are administrative variance or are related to maximum allowed densities or building height shall be classified and may be processed as minor zoning variances.

      (3)   Major zoning variance. Any request for a variance from the standards of this chapter that does not qualify as an administrative variance or a minor zoning variance shall be processed and classified as a major zoning variance.

   (C)   Zoning variance procedure.

      (1)   Application filing. Applications for zoning variances shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department.

      (2)   Public hearing notice. Neighbor, newspaper and posted notice of the public hearing shall be provided in accordance with the requirements of § 151.045(G).

      (3)   Review and action.

         (a)   Minor zoning variances. The Hearing Officer shall hold a public hearing on minor zoning variance requests and act to approve, approve with conditions or deny the minor zoning variance based on the approval criteria of subsection (C)(4) below.

         (b)   Major zoning variances.

            1.   The Zoning Board of Appeals shall hold a public hearing on major zoning variance requests and act to approve, approve with conditions, or deny the major zoning variance based on the major zoning variance approval criteria of subsection (C)(4) below.

            2.   At least four affirmative votes shall be required to approve a major zoning variance.

      (4)   Approval criteria. Zoning variances may be approved only upon a finding that all of the following criteria have been met. Use variations are specifically prohibited:

         (a)   Exceptional conditions peculiar to the applicant’s property;

         (b)   Practical difficulties or particular hardships in carrying out the strict letter of the regulation; and

         (c)   Harmony with the general purpose and intent of the zoning regulations.

      (5)   Findings of fact; written transcripts.

         (a)   All decisions on zoning variances shall be supported by findings of fact specifying the reasons for the decision.

         (b)   A written transcript of the hearing shall be prepared for all major zoning variances.

 

 

   (D)   Special zoning variance regulations for floodplain property.

      (1)   Notifications and acknowledgments.

         (a)   Upon receipt of an application for any variance affecting floodplain lands or affecting any floodplain regulation of this chapter, Planning, Building and Development Department staff shall notify the applicant in writing that:

            1.   The issuance of a variance to construct a structure below the flood base elevation will result in increased premium rates for flood insurance; and

            2.   The construction below the flood base elevation increases risks to life and property.

         (b)   Notice of the proposed variance and public hearing shall be provided to the Lake County Stormwater Management Commission’s Chief Engineer at least 15 days prior to the public hearing.

         (c)   The applicant shall be required to acknowledge in writing that he or she assumes all risks and liabilities connected with the activities. A copy of the notification and the applicant’s acknowledgment shall be maintained by the Planning, Building and Development Department.

      (2)   Supplementary findings of fact. In addition to any other findings of fact required for zoning variances, in deciding on variances affecting floodplain lands or any floodplain regulations, findings of fact shall be made by the Zoning Board of Appeals on each of the following matters based on the evidence presented.

         (a)   A finding that the granting of a variance would not result in increased flood heights, additional threats to public safety or extraordinary public expense, nor create nuisances, cause fraud or victimization of the public, nor conflict with existing local laws or ordinances and that all buildings will be protected by methods that minimize flood damage during the base flood event;

         (b)   A finding that the development activity can not be located outside the floodplain; and

         (c)   A finding that the development activity is not in a regulatory floodway.

(Ord., § 3.12, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - -)

   (A)   Application filing. Applications for written interpretations of this chapter shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department.

   (B)   Planning, Building and Development Director’s review and decision. Within 30 days of receipt of a complete application for a written interpretation, the Planning, Building and Development Director shall:

      (1)   Review and evaluate the application in light of the text of this chapter, the official zoning maps, the Regional Framework Plan and any other relevant documents, including, if applicable, the similar use interpretation standards of § 151.270(B);

      (2)   Consult with other staff; and

      (3)   Render a written interpretation.

   (C)   Form. The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretations.

   (D)   Official record of interpretations. An official record of interpretations shall be maintained and made available for public inspection in the Planning, Building and Development Department office during normal business hours.

   (E)   Appeals. Appeals of the Planning, Building and Development Director’s written interpretation may be taken to the Zoning Board of Appeals in accordance with the procedures of § 151.058.

(Ord., § 3.13, passed 10-13-2009)

   (A)   Authority. The Zoning Board of Appeals shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the administration or enforcement of this chapter.

   (B)   Right to appeal. Appeals of Administrative Decisions may be filed by any person aggrieved by a decision of an administrative official in the administration or enforcement of this chapter.

   (C)   Application filing. Applications for Appeals of Administrative Decisions shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department. Appeals of Administrative Decisions shall be filed within 35 calendar days of the date of the decision being appealed.

   (D)   Effect of filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Zoning Board of Appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals, or by a court of record.

   (E)   Record of administrative decision. The official whose decision is being appealed shall transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed is taken.

   (F)   Notice. Newspaper notice of the Zoning Board of Appeals’ public hearing shall be provided in accordance with the requirements of § 151.045(G). Neighbor notice shall be provided on matters affecting specific properties.

   (G)   Zoning Board of Appeals’ review and action. The Zoning Board of Appeals shall hold a public hearing on the Appeal. The Zoning Board of Appeals shall grant to the administrative official’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Zoning Board of Appeals shall have all the powers of the official from whom the appeal is taken, and the Zoning Board of Appeals may reverse or affirm wholly or partly or may modify the decision being appealed. If the Zoning Board of Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain evidence and to reconsider the decision in light of the evidence. The Zoning Board of Appeals shall take action on an appeal within a reasonable period of time after application submittal, but in no case more than 30 days after its receipt of the written hearing transcript. A concurring vote of four members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of an administrative official.

   (H)   Approval criteria; findings of fact. An appeal shall be sustained only if the Zoning Board of Appeals finds that the administrative official erred. Every decision of the Zoning Board of Appeals shall be accompanied by a written finding of fact specifying the reason for the decision. Those written findings shall be filed in the office of the Zoning Board of Appeals.

(Ord., § 3.14, passed 10-13-2009)