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Lake Villa City Zoning Code

CHAPTER 10

ADMINISTRATION, ENFORCEMENT, ZONING MAP, INTERPRETATION

10-10-1: ADMINISTRATION AND ENFORCEMENT:

   A.   Zoning Officer: The office of the zoning officer is established and the zoning officer shall be that person designated from time to time by the mayor with the advice and consent of the board of trustees. The zoning officer, or his designee, shall administer and enforce the zoning ordinance and shall:
      1.   Issue all zoning certificates and make and maintain records thereof;
      2.   Issue all certificates of occupancy and make and maintain records thereof;
      3.   Issue and renew where applicable all temporary use permits and make and maintain records thereof;
      4.   Issue all conditional use permits granted by the village and make and maintain records thereof;
      5.   Maintain and keep current the municipal zoning map and record of amendments thereof;
      6.   Conduct inspections as prescribed by the zoning ordinance and such other inspections as are necessary to ensure compliance with the various provisions of that ordinance;
      7.   Perform such other duties as are assigned to him by the zoning ordinance;
      8.   Make a determination from public records of sufficient information concerning nonconformances to properly enforce the zoning ordinance.
   B.   Zoning Board Of Appeals:
      1.   Creation And Membership: The word "board" when used in this section shall be construed to mean the board of appeals.
      2.   Meetings: Meetings of the board of appeals shall be held at the call of the chairman, or any two (2) members, or at such times as such board may determine. All hearings conducted by said board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested validation, or special permit, and the reasons for granting or denying such application shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall be filed immediately in the office of the board and shall be a public record. The board shall adopt its own rules of procedure not in conflict with this title or with the Illinois statutes in such case made and provided, and may select or appoint such officers, as it deems necessary.
   C.   Plan Commission: The plan commission shall have the following duties under the zoning ordinance:
      1.   Establish rules of procedure as necessary to the performance of its functions;
      2.   Review, modify, and recommend approval or disapproval of a development plan;
      3.   Study and report on all proposed amendments to the zoning ordinance; review the zoning ordinance annually, and suggest amendments. (Ord. 2014-05-01, 5-28-2014)

10-10-2: SCOPE OF AUTHORITY OF THE ZONING OFFICER:

   A.   Enforcement: The zoning ordinance and map shall be enforced by the zoning officer.
   B.   Building Permits, Certificate Of Occupancy And Change Of Use Permits: Before any building or other structure, or part thereof, shall be erected, constructed, reconstructed, enlarged, moved, or structurally altered, and before the use of any building, structure or land is changed within the village limits, a building permit and certificate of occupancy shall be obtained from the zoning officer. (Ord. 2004-01-01, 1-14-2004)

10-10-3: ZONING MAP:

   A.   Establishment: The locations and boundaries of the zones established by this zoning ordinance shall be shown on a map officially designated official zoning map of Lake Villa, Illinois, bearing the same date of passage as this title.
      1.   Unclassified Lands: It is the intent of this zoning ordinance that every part of the area regulated be included in one of the zones established. Any land located within the village not shown to be included in a zone on the official zoning map shall be deemed to be in the SR zone.
      2.   Annexations And Additional Area: Any addition made to the area regulated by this title by annexation shall be automatically classified in the SR zone (or in the AG zone by request).
   B.   Interpretation: The following rules shall be used by the zoning officer to determine the precise location of any zone boundary shown on the official zoning map:
      1.   Boundaries shown as following, or approximately following, the village limits, or platted on lot lines or other property lines or section lines, half section lines, or quarter section lines, shall be construed as following such lines.
      2.   Boundaries shown as following, or approximately following, streets or railroad lines shall be construed as following the centerlines of such streets or railroad rights of way.
      3.   Boundaries shown as following, or approximately following, shorelines or any lakes shall be construed as following mean high water lines or such lakes, and, in the event of change in the mean high water line, shall be construed as moving with the actual mean high water line.
      4.   Boundaries shown as following, or approximately following, the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerline or such watercourses taken at mean low water, and in the event of a natural change in the location of such streams, rivers, or other watercourses the zone boundary shall be construed as moving the channel centerline.
      5.   Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in subsections B1 through B4 of this section shall be construed as being parallel to such features and at such distances therefrom as are shown on the map. Distances not specifically indicated on the map shall be determined by the scale of the map.
   C.   Changes: If by amendment to the zoning ordinance, any zone boundary as shown on the official zoning map or any other matter shown thereon, is changed by action of the village board, such changes shall be promptly indicated on the official zoning map by the zoning officer, together with the date of passage of the amendment and sufficient written description to give a precise understanding of the change. Every change shall be certified by the village clerk.
   D.   Inspection: An up to date copy of the official zoning map shall be available for public inspection in the village office at all times the office is regularly open for business.
   E.   Publication: Prior to April 1 each year, maps showing zoning shall be made available for public purchase. Such maps shall show the zone boundaries and such other information as is necessary to give a clear understanding of the zones created by this zoning ordinance and subsequent amendments as of December 31 of the year preceding publication. (Ord. 2004-01-01, 1-14-2004)

10-10-4: INTERPRETATION OF THE ZONING ORDINANCE:

   A.   General Provisions: The zoning officer shall interpret the zoning ordinance in accordance with the standards set forth below. His interpretations shall be subject to appeal as provided herein. Each interpretation of the zoning officer is subject to review and approval of the village board. The village board may affirm, modify, or reverse any interpretation of the zoning officer. The zoning officer shall file with the village clerk a written notice of each interpretation. That interpretation shall become final thirty (30) days after filing unless the village board acts to modify or reverse it within said thirty (30) days.
      1.   Minimum Requirements: In the interpretation and application of the zoning ordinance the provisions shall be held to be minimum requirements for the promotion and protection of the public health, safety, morals, comfort and welfare.
      2.   Overlapping Or Contradictory Regulations: Whenever a provision of the zoning ordinance or any other provisions of law, whether set forth in the zoning ordinance or established by any other ordinance, regulations, statute, or rule of any kind, imposes overlapping or contradictory regulations or contains any restrictions covering any of the same subject matter, the provision which is more restrictive or which imposes high standards or requirements shall control.
   B.   Existing Permits And Agreements:
      1.   Building Permits: Nothing in the zoning ordinance shall be deemed to require any change in the plans, construction, or designated use of any building or other structure if a building permit for such building or other structure was lawfully issued prior to the effective date of the relevant portion of the zoning ordinance; and such permit has not, by its own terms, expired prior to such effective date; and actual construction pursuant to such permit was begun prior to the effective date of the zoning ordinance, and has been diligently carried on.
      2.   Occupancy Permits: Upon completion of any building or other structure in accordance with the above requirements and prior to occupancy, a certificate of occupancy is required for the use originally designated. Such building or other structure and its use, and the property on which it is located, including all on site improvements required by this title (such as buffer yards, landscaping, parking, signage and lighting) shall be subject to all the requirements of this zoning ordinance and in particular to chapter 5, "Nonconformances", of this title, where applicable.
      3.   Existing Private Agreements: The zoning ordinance is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, or other private agreement or legal relationship. If the regulations of the zoning ordinance are more restrictive or impose higher standards or requirements than any such easement, covenant, or other private agreement or legal relationship, the regulations of the zoning ordinance shall control. (Ord. 2004-01-01, 1-14-2004)

10-10-5: INTERPRETATION OF ZONING MAP AS TO LOTS AND/OR PARCELS DIVIDED INTO TWO (2) OR MORE DIFFERENT ZONING DISTRICTS:

When it is readily apparent from the Village’s Official Zoning Map that a given lot and/or parcel within the corporate limits of the Village is divided between two (2) or more different zoning districts of the Village, in order to avoid any inconvenience, uncertainty, and/or confusion in such cases, the Zoning Official shall be and is hereby authorized to make a determination as to which single zoning district shall be applicable to the entirety of such lot or parcel by applying the hierarchy of rules of interpretation as set forth in this Section in order to determine which single zoning district should be applicable to the entirety of such lot and/or parcel, and so that such lot or parcel may thereafter be treated as wholly contained within that single zoning district assigned by the Zoning Official which results from the application of the following hierarchy of rules of Zoning Map interpretation:
   A.   The rules of Zoning Map interpretation as set forth in this Section shall be used by the Village’s Zoning Official to assign any given lot or parcel now located in two (2) or more different zoning districts of the Village to a single zoning district without further action of the Zoning Board of Appeals or of the Board of Trustees.
   B.   The following rules shall be applied by the Zoning Official sequentially in ascending numeric order until the question of which single zoning district shall be applicable to the whole of a given lot or parcel which is presently divided into two (2) or more different zoning districts by the Zoning Map is unequivocally resolved:
      Rule #1: Assign a zoning district of the Village based upon the majority of area of the lot or parcel which is located in one zoning district;
      Rule #2: Assign a zoning district based upon a comparison of the given lot or parcel to all adjacent lot(s) or parcel(s), including but not limited to lots or parcels fronting on the same street or roadway, but also those on the opposite side of such street or roadway from the given lot or parcel in question;
      Rule #3: Assign a zoning district which minimizes any hardship on the owner(s) of any given lot or parcel.
   C.   Should the sequential application of the aforesaid hierarchy of rules of Zoning Map interpretation not unequivocally resolve the question of the appropriate assignment of a given lot or parcel to a single zoning district, the owner(s) of such lot or parcel may initiate a Zoning Map amendment to accomplish the assignment or classification of such lot or parcel into one zoning district.
   D.   Should the owner(s) of the property in question disagree with the determination of the Zoning Official as to the zoning district assigned to a given lot or parcel, the property owner(s) may appeal such decision within forty-five (45) days thereof to the Village’s Zoning Board of Appeals. (Ord. 2023-06-02, 6-5-2023)