A.   Territorial Application: This zoning code shall apply to all land, structures, and uses within the corporate limits of the village.

   B.   General Application:

      1.   Code Compliance Required: No structure, no use of any structure or land, and no lot of record or zoning lot, now or hereafter existing, shall be established, enlarged, extended, altered, moved, divided, or maintained in any manner after the effective date of this zoning code, except as authorized by the provisions of this zoning code and except in compliance with the regulations of this zoning code. Without limiting the foregoing, any such activity that would cause any existing structure or lot not to comply with this zoning code or that would create any parcel of land that could not be developed in compliance with this zoning code shall be prohibited and no parcel of land created as a result of any such activity shall be used or developed for any purpose.

      2.   Street Frontage Required: No vacant lot of record or zoning lot shall be developed with a building after the effective date of this zoning code unless such vacant lot of record or zoning lot shall have frontage on an improved public street.

   C.   General Prohibition: No structure, no use of any structure or land, and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, enlarged, extended, altered, moved, divided, or maintained in any manner, except as authorized by the provisions of this zoning code and except in compliance with the regulations of this zoning code. Without limiting the foregoing, any such activity that would cause any existing structure not to comply with this zoning code or that would create any parcel of land that could not be developed in compliance with this zoning code shall be prohibited.

   D.   Special Prohibition; Multiple Uses On Residential Zoning Lot: No zoning lot zoned in any residential district in the village shall be used for more than one principal use or one principal structure.

   E.   Exempt Uses:

      1.   Utility Lines: The following utility uses are exempt from the provisions of this zoning code: poles, wires, cables, conduits, vaults, laterals, pipes, mains, and valves, but not including substations located on or above the surface of the ground, for the distribution to consumers of telephone, cable television or other communications, electricity, gas or water, or for the collection of sewage or surface water. All such uses shall, however, comply with the subdivision and other applicable ordinances of the village.

      2.   Railroad Uses: All railroad rights of way used for railroad purposes, trackage, and passenger stations existing on the effective date of this zoning code shall be exempt from its provisions. Any other railroad rights of way, facilities, or uses, or any change of such existing facilities or uses, shall be subject to all provisions of this zoning code.

   F.   Private Agreements: This zoning code is not intended to abrogate, annul, or otherwise interfere with any platted building line, easement, covenant, or other private agreement or legal relationship; provided, however, that where the regulations of this zoning code are more restrictive or impose higher standards or requirements than such platted building line, easement, covenant, or other private agreement or legal relationship, the regulations of this zoning code shall govern. (Ord., 10-2004)

   A.   Existing Variations, Special Uses, And Development Plan Approvals: Any variation, special use permit, or planned development or comprehensive development plan approval lawfully issued prior to the effective date of this zoning code, or any amendment to it, shall be deemed to be and continue valid after such effective date subject to any conditions placed thereon at the time of issuance; provided, however, that any such variation, special use permit, or planned development or comprehensive development plan approval shall be subject to all of the terms and provisions of this zoning code unless work pursuant to such approval is actually commenced within three (3) months after the effective date of this zoning code. Any structure or use lawfully authorized by any such variation, special use permit, or planned development or comprehensive development plan approval that could not be so issued after such effective date shall be subject to the provisions of chapter 11 of this title dealing with nonconformities.

   B.   Existing Uses And Structures Newly Requiring Special Use Permit: The owners of any use or structure lawfully existing on the effective date of this zoning code, or any amendment to it, that did not, prior to such effective date, require a special use permit but which, after such effective date, does require a special use permit, may continue such use or maintain such structure by securing therefor a certificate of zoning compliance pursuant to the standards and procedures of chapter 13 of this title. Unless and until such a permit is so secured, such use shall be subject to the provisions of chapter 11 of this title dealing with nonconformities. (Ord., 10-2004)

   A.   When New Code Shall Apply: All work, structures, and uses authorized by building permits issued prior to the effective date of this zoning code or any amendment to it shall not be affected by this zoning code. Except as provided in subsections B and C of this section, no certificate of zoning compliance shall be issued following the effective date of this zoning code or any amendment to it unless the work, structure, or use for which the certificate is sought is made to fully comply with the applicable provisions of this zoning code or any such amendment.

   B.   Right To Complete Construction Pursuant To Approved Plans: Nothing in this zoning code, or any amendment to it, shall be deemed to require any change in the plans, construction, or designated use of any structure if a building permit for such structure was lawfully and properly issued prior to the effective date of this zoning code or any such amendment to it, such permit had not by its own terms expired prior to such effective date, and construction pursuant to such permit is commenced prior to the expiration of such permit.

   C.   Right To Occupy As Nonconformity: After completion pursuant to subsection B of this section, such structure may be occupied by, and a certificate of zoning compliance shall be issued for, the use designated on such permit, subject thereafter, to the extent applicable, to the provisions of chapter 11 of this title relating to nonconformities. (Ord., 10-2004)

   A.   When New Code Shall Apply: This zoning code, and any amendment to it, shall apply to all applications pending and not yet finally decided on the effective date thereof to which it would apply if such applications were filed on or after such effective date; provided, however, that nothing in this zoning code shall be deemed to require any change in any proposed plat of subdivision that has been granted preliminary plat approval by the board of trustees prior to such effective date, and provided further, however, that this zoning code shall not apply to any zoning variation application that was on file with the village and complete in all material respects prior to such effective date, which zoning variation application shall be processed in accordance with the standards and requirements that were in effect on the date such application was filed.

   B.   Duty Of Village Manager: Within thirty (30) days after the effective date of this zoning code, or any amendment to it, the village manager shall inform each applicant to which this zoning code applies that said application is subject to the provisions of this zoning code, as amended, and will be processed in accordance therewith; that the applicant may within thirty (30) days after the mailing of such notice refile, without additional fee, its application on the basis of this zoning code, as amended; and that if the applicant does not so refile, its application may be denied for noncompliance with the provisions of this zoning code, as amended.

   C.   Duty Of Applicant: Notwithstanding the provisions of subsection B of this section, it shall be the responsibility of each applicant having an application pending on the effective date of this zoning code, or any amendment to it, to modify such application in accordance with the terms and provisions of this zoning code, as amended, and the failure to do so, whether or not the procedures of said subsection have been followed, may result in denial of such application for failure to comply with this zoning code, as amended. Any modification or refiling of an application pending on such effective date in order to comply with the provisions of this zoning code, as amended, shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee.

   D.   Processing Of Pending Applications: After the refiling of any pending application as herein provided, or after notification from the applicant that it will not refile or modify its application, or after the expiration of sixty (60) days after the effective date of this zoning code or any amendment to it, whichever occurs first, such pending application shall be processed in accordance with the terms of this zoning code, as amended; provided, however, that the application requirements, hearing requirements, and procedural requirements set forth in chapter 14 of this title shall not apply to any such pending application and each such application shall be processed in accordance with the application, hearing, and procedural requirements that were in effect on the date such application was filed. Notwithstanding any other provision of this subsection, the village manager shall have the authority to request additional data, information, or documentation for pending applications when, in his or her judgment, such additional data, information, or documentation is necessary or appropriate to a full and proper consideration and disposition of such pending application. (Ord., 10-2004)

This title is the Lake Zurich zoning ordinance as amended from time to time thereafter. All prior zoning ordinances and regulations and prior related provisions of the Lake Zurich municipal code shall be, and they are hereby, repealed in their entirety. Except as expressly provided in this zoning code, such repeals shall not affect or impair any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted as fully and to the same extent as if such repeal had not been effected. (Ord., 10-2004)

   A.   Intent As To Severability: The several provisions of this zoning code shall be severable in accordance with the following rules:

      1.   Provisions Declared Invalid: If any court of competent jurisdiction shall adjudge any provision of this zoning code to be invalid, such judgment shall not affect any other provisions of this zoning code.

      2.   Applications Declared Invalid: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this zoning code to a particular parcel of land, a particular structure or a particular use, such judgment shall not affect the application of said provisions to any other land, structure, or use.

   B.   Applicable Regulations Following Declaration Of Invalidity: Whenever the provisions of this zoning code are declared invalid in their application to any particular parcel of land, the zoning map provided for in section 9-2-4 of this title shall continue to show such parcel in the zoning district applicable to it pursuant to this zoning code unless and until such district is changed by an amendment adopted by the board of trustees pursuant to chapter 18 of this title; provided, however, that the parcel in question shall also be marked with a star or other distinctive marking to direct attention to the court decree affecting said parcel. The village manager shall maintain a file of any such decrees. The provisions of any such decree shall be deemed to modify the otherwise applicable provisions of this zoning code as they apply to said parcel to the extent provided in said decree but said parcel shall otherwise remain subject to the provisions of this zoning code. (Ord., 10-2004)

This zoning code shall take effect immediately after, and its effective date shall be the date of, its passage by a vote of two-thirds (2/3) of the corporate authorities then holding office and its approval by the village president, the corporate authorities hereby finding that the immediate implementation of this zoning code is a matter of urgency. The village manager is hereby authorized and directed to publish this zoning code in pamphlet form and to publish an appropriate notice of its adoption and availability in a newspaper of general circulation in the village. (Ord., 10-2004)

In their interpretation and application, the provisions of this zoning code shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this zoning code in general and its various sections in particular. When the provisions of this zoning code impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this zoning code shall be controlling. When the provisions of any statute, other ordinance, or regulation impose greater restrictions than this zoning code, the provisions of such statute, other ordinance, or regulation shall be controlling. (Ord., 10-2004)

The provisions of this zoning code shall be interpreted to be cumulative of, and to impose limitations in addition to, all other codes, laws, and ordinances in existence or which may be passed governing any subject matter of this zoning code. The several provisions of this zoning code shall also be interpreted to be cumulative of each other. To the greatest extent possible, the provisions of this zoning code shall be construed to be consistent with, and not in conflict with, the provisions of such other codes, laws, and ordinances, and with each other, to the end that all such provisions may be given their fullest application. (Ord., 10-2004)

The provisions of this zoning code shall not be interpreted to be, or to grant, a consent, license, or permit to use any property or to establish, locate, construct, or maintain any structure or use, or to carry on any trade, industry, occupation, or activity. (Ord., 10-2004)

This zoning code shall not be interpreted to validate or make lawful any unlawful use or structure existing upon the effective date of this zoning code. Any such unlawful use or structure shall remain unlawful to the extent that said use or structure is in conflict with the provisions of this zoning code. (Ord., 10-2004)

On finding the existence of any violation of this Zoning Code, the Village Manager shall have the authority and duty to take or direct all actions necessary or appropriate to abate and redress such violation. (Ord., 10-2004)

   A.   Stop And Cease And Desist Orders: On finding the existence of any violation of this Zoning Code, the Village Manager shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; specifically, the Manager shall order the discontinuance of any illegal use of land or structures, the removal of illegal structures, additions, or alterations, and the discontinuance of illegal work being done.

   B.   Legal Actions: In the enforcement of this Zoning Code, the Village Manager shall exercise all the powers authorized by the Statutes of the State of Illinois and Village codes and ordinances to ensure compliance with, or to prevent or abate any violation of, the provisions of this Zoning Code, and in particular shall, where necessary or appropriate, institute or cause to be instituted by the Village Attorney in the name of the Village of Lake Zurich any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this Zoning Code.

   C.   Abatement; Liens: Where authorized by State Statute, the Village Manager may order any work necessary to abate any violation of this Zoning Code and shall assess the cost of such work to the property owner. Upon the failure of the owner to pay such cost, the Manager shall file a lien for such costs and for all costs of collection against the property in question.

   D.   Revocation Of Rezonings, Permits, Variations, Or Approvals: The violation of any provision of this Zoning Code, or of any permit or approval granted pursuant to this Zoning Code, or of any condition imposed pursuant to this Zoning Code shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this Zoning Code and affecting the property involved in the violation. The Village Manager may recommend and the Board of Trustees may order such revocation; provided, however, that where the original rezoning, permit, variation, or approval was granted following a public hearing required pursuant to this Zoning Code, the revocation shall be preceded by a similar public hearing.

   E.   Fines: In the enforcement of this Zoning Code, the Village Manager shall, where necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this Zoning Code as authorized by State law and this Zoning Code. (Ord., 10-2004)

Any person who shall violate, disobey, omit, neglect, or refuse to comply with, or who shall resist enforcement of, any provision of this Zoning Code shall be subject to a fine pursuant to title 13, chapter 1, "Fee Schedule", of the Lake Zurich Municipal Code for each offense; provided, however, that, if service of summons is made by certified mail pursuant to section 1-2-9.1 of the Illinois Municipal Code, 65 Illinois Compiled Statutes 5/1-2-9.1, as amended, then the maximum fine shall be pursuant to title 13, chapter 1, "Fee Schedule", of the Lake Zurich Municipal Code. Each day a violation continues to exist shall constitute a separate offense. (Ord., 10-2004; amd. Ord. 2018-12-279, 12-3-2018)

Nothing in this article shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this Zoning Code from bringing an appropriate action to secure such relief. (Ord., 10-2004)