A.   Authority: The Village Manager or the Board of Trustees, in accordance with the procedures and standards set out in this chapter and by ordinance duly adopted, may grant site plan approval to uses and developments requiring such approval pursuant to subsection C of this section.

   B.   Purpose: The site plan review process recognizes that even those uses and developments that have been determined to be generally suitable for location in a particular district are capable of adversely affecting the purposes for which this Zoning Code was enacted unless careful consideration is given to critical design elements. It is the purpose of this chapter to provide a vehicle for the review of the developer's attention to such elements.

   C.   Site Plan Review Required: Site plan review shall be by the Board of Trustees in accordance with this chapter, as provided at subsection C2 of this section. All other site plan reviews provided for below shall be conducted by the Village Manager, or his/her designee.

      1.   Any development or redevelopment for which the regulations of the base district or an overlay district require site plan review.

      2.   Site plan review by the Board of Trustees in accordance with this chapter shall be required when any development or redevelopment for which this Zoning Code requires a public hearing including, but not limited to, a zoning map amendment, special use permit, variation, or planned development approval, or for which subdivision plat or condominium plat approval is required pursuant to the Lake Zurich Municipal Code.

      3.   Any development or redevelopment of any structure, other than for one single-family detached or two-family dwelling units; provided, however, that this subsection C3 does not require site plan review for remodeling that does not involve the creation of any new floor space or the change of any use.

      4.   Any development or redevelopment involving the creation or expansion of a parking lot or garage.

      5.   Any development or redevelopment involving a recreational vehicle storage area or an antenna or antenna support structure subject to subsection 9-9-1C7 or C8 of this title. (Ord. 2016-6-137, 6-6-2016; amd. Ord. 2018-7-263, 7-2-2018)

   D.   Parties Entitled To Seek Site Plan Approval: Applications for site plan review may be filed by the owner of, or any person having a contractual interest in, the subject property. (Ord., 10-2004)

   A.   Application: Applications for site plan approval shall be filed in accordance with the requirements of section 9-14-1 of this title.

   B.   Public Meeting: A public meeting shall be set, noticed, and conducted by the Plan Commission in accordance with section 9-14-3 of this title.

   C.   Action By Plan Commission: Within forty five (45) days after the conclusion of the public meeting, the Plan Commission shall transmit to the Board of Trustees its recommendation, in the form specified in subsection 9-12-3H of this title, recommending either approval of the site plan or disapproval based on one or more of the standards set forth in subsection 9-20-3A of this chapter. In the case of any recommendation for disapproval, the plan commission shall make suggestions as required by subsection 9-20-3B of this chapter. The failure of the plan commission to act within such forty five (45) days, or such further time to which the applicant may agree, shall be deemed to be a recommendation for the approval of the site plan as submitted.

   D.   Action By Board Of Trustees: Within sixty (60) days after the receipt of the recommendation of the plan commission, or its failure to act as above provided, the board of trustees, by ordinance duly adopted, shall approve the site plan as submitted, or shall make modifications acceptable to the applicant and approve such modified site plan, or shall disapprove it in the manner specified in section 9-20-3 of this chapter either with or without a remand to the plan commission for further consideration. The failure of the board of trustees to act within such sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision granting site plan approval. (Ord., 10-2004)

   A.   Standards: The village manager or the board of trustees shall not disapprove, and the plan commission shall not recommend disapproval of, a site plan submitted pursuant to this chapter except on the basis of specific written findings directed to one or more of the following standards: (Ord. 2016-6-137, 6-6-2016)

      1.   Application Improper: The application is incomplete in specified particulars or contains or reveals violations of this zoning code or other applicable regulations that the applicant has failed or refused to supply or correct.

      2.   Failure Of Condition Precedent: The application is submitted in connection with another application, the approval of which is a condition precedent to the necessity for site plan review, and the applicant has failed to secure approval of that application.

      3.   Failure To Meet Standards: The site plan fails to adequately meet specified standards required by this zoning code with respect to the proposed use or development, including special use standards where applicable.

      4.   Interference With Right Of Way: The proposed site plan interferes with easements or rights of way.

      5.   Interference With Features: The proposed site plan unreasonably destroys, damages, detrimentally modifies, or interferes with the enjoyment of significant natural, topographical, or physical features of the site.

      6.   Traffic Problems: The proposed site plan creates undue traffic congestion or hazards in the public streets, or the circulation elements of the proposed site plan unreasonably create hazards to safety on or off site or disjointed, inefficient pedestrian or vehicular circulation paths on or off site.

      7.   Inadequate Screening: The screening of the site does not provide adequate shielding from or for nearby uses.

      8.   Lacking Amenity: The proposed structures or landscaping are unreasonably lacking amenity in relation to, or are incompatible with, nearby structures and uses.

      9.   Lack Of Open Space: In the case of site plans submitted in connection with an application for a special use permit, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance.

      10.   Drainage Or Erosion Problems: The proposed site plan creates unreasonable drainage or erosion problems or fails to fully and satisfactorily integrate the site into the overall existing and planned drainage system serving the village.

      11.   Burdens On Utilities: The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactorily integrate the site's utilities into the overall existing and planned utility systems serving the village.

      12.   Lack Of Public Uses: The proposed site plan does not provide for required public uses designated on the official map.

      13.   Other Adverse Effects: The proposed site plan otherwise adversely affects the public health, safety, or general welfare. (Ord., 10-2004)

   B.   Alternative Approaches: In citing any of the foregoing standards, other than those of subsections A1 and A2 of this section, as the basis for disapproving a site plan, the village manager, plan commission or the board of trustees shall suggest alternate site plan approaches that could be developed to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives. (Ord. 2016-6-137, 6-6-2016)

Approval of a site plan shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the village including, but not limited to, a building permit, a certificate of zoning compliance, and subdivision approval.

A copy of every approved site plan shall be filed with the village manager and the development of the site shall be in substantial conformity with such approved and filed plan. (Ord., 10-2004)

Subject to an extension of time granted by the village manager pursuant to subsection 9-12-1J of this title, no site plan approval shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of zoning compliance is issued and a use commenced within that period. (Ord., 10-2004)

   A.   Minor Adjustments: During the development of the site, the village manager may authorize minor adjustments to a site plan that was previously approved by the village manager or by the board of trustees when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

      1.   Altering Locations Of Structures: Altering the location of any one structure or group of structures by not more than twenty feet (20') or one-fourth (1/4) of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the site plan, whichever is less.

      2.   Circulation: Altering the location of any circulation element by not more than twenty feet (20') or one-fourth (1/4) of the distance shown on the approved site plan between such circulation element and any structure, whichever is less.

      3.   Open Space: Altering the location of any open space by not more than fifty feet (50').

      4.   Landscaping: Altering the location or type of landscaping elements.

Such minor adjustments shall be consistent with the intent and purpose of this zoning code and the site plan as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this zoning code.

   B.   Major Adjustments: Any adjustment to a site plan approved by the village manager or by the board of trustees that is not authorized by subsection A of this section shall be considered to be a major adjustment and shall be granted only upon application to and approval by the board of trustees. The board of trustees, by ordinance duly adopted, may grant approval for a major adjustment without referral to the plan commission if the board of trustees finds that any changes in the site plan as approved will be in substantial conformity with said site plan. If the board of trustees determines that a major adjustment is not in substantial conformity with the site plan as approved, then the board of trustees shall refer the request to the plan commission for further consideration and review as provided in section 9-20-2 of this chapter. (Ord. 2016-6-137, 6-6-2016)

After a site is developed in accordance with an approved site plan, the approved site plan may be amended, varied, or altered in the same manner and subject to the same limitations as provided for original approval of site plans. (Ord., 10-2004)