To carry out the purposes of this zoning code, the village of Lake Zurich is hereby divided into the following zoning districts:

   A.   Residential Districts (Chapter 3 Of This Title):

 

 

   B.   Business Districts (Chapter 4 Of This Title):

 

 

   C.   Office Districts (Chapter 5 Of This Title):

 

 

   D.   Industrial District (Chapter 6 Of This Title):

 

 

   E.   Special Districts And Overlay Districts (Chapter 7 Of This Title):

 

 

(Ord. 2013-12-944, 1-6-2014)

   A.   General Rule: This zoning code rejects as outdated and inappropriate the concept of hierarchical and cumulative zoning districts and, except as noted below, is based on the concept that each district should be designed to accomplish a specific purpose, to encourage a particular type of development, and to protect that development from being encroached upon by incompatible types of development.

   B.   Special Rule: Within the foregoing philosophy, however, it is recognized that when different districts are juxtaposed, their differing characters may require special treatment to ameliorate incompatibilities that might otherwise result. For this limited purpose, this zoning code recognizes the concept of "more restrictive" and "less restrictive" districts. And for this limited purpose, the districts established by this zoning code shall be considered "more restrictive" or "less restrictive" in accordance with the following rules:

      1.   The open space district shall be deemed to be more restrictive than any other district.

      2.   The residential districts shall be deemed to be more restrictive than any nonresidential district except the open space district.

      3.   The R-1/2 district shall be deemed to be the most restrictive residential district and the R-6 district shall be deemed to be the least restrictive residential district, and the residential districts shall be deemed to become less restrictive as the district number increases.

      4.   The institutional buildings district shall be deemed to be more restrictive than the business and office districts but less restrictive than any residential district.

      5.   The business and office districts shall be deemed to be more restrictive than the industrial districts, and all of them shall be deemed to become less restrictive as the district number increases.

      6.   Except in the DR downtown redevelopment overlay district, overlay districts shall not be considered in determining the restrictiveness of the underlying district. (Ord., 10-2004)

   A.   Annexation Of Land: All land annexed to the village after the effective date of this zoning code shall be classified automatically after such annexation in the R-1/2 single-family residential district. The owner of any land proposed to be annexed to the village shall file, with the petition for annexation, an application for a certificate of zoning compliance pursuant to chapter 13 of this title. In the case of an involuntary annexation, the village manager shall complete the required application.

   B.   Application For Different Classification: When any land is classified pursuant to this section, it shall remain so classified unless and until an application to amend such classification is filed and granted pursuant to section 9-14-1 and chapter 18 of this title. Such application may be filed prior to or contemporaneously with the annexation of the land in question. (Ord., 10-2004)

   A.   Map Incorporated: The location and boundaries of the zoning districts established by this zoning code are as shown on a map titled "zoning map of the village of Lake Zurich, Illinois", hereafter referred to as the zoning map, which is by this reference incorporated as part of this zoning code. All notations, references, and other information shown on the zoning map, and all amendments to it, shall be as much a part of this zoning code as if specifically set forth and literally described herein.

   B.   Omitted Land: It is the intent of this zoning code that the entire area of the village, including all land and water areas, be included in the districts established by this zoning code. Any area lying within the village but not shown on the zoning map as being included in such a district shall be deemed to be, and it is hereby, classified in the R-1/2 single-family residential district.

   C.   District Boundaries: In the event that any uncertainty exists with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

      1.   The district boundaries are the centerlines of expressways, highways, streets, alleys, waterways, railroads, and other rights of way unless otherwise indicated. When the designation of a boundary line on the zoning map coincides with the location of any such right of way, then the centerline of that right of way shall be construed to be the boundary of such district.

      2.   When a district boundary does not coincide with the location of the centerline of any right of way but does coincide with a lot line, then that lot line shall be construed to be the boundary of such district.

      3.   When a district boundary does not coincide with the location of the centerline of any right of way or with a lot line, then the district boundary shall be determined by the use of the scale shown on the zoning map.

   D.   Maintenance And Availability Of Zoning Map: The official copy of the zoning map shall be maintained by the village manager and shall be available for public inspection during village business hours at the village hall. Any amendment to zoning district boundaries or any change in any other information shown on the zoning map made by amendment to this zoning code shall be indicated on the official copy of the zoning map.

   E.   Mapping Of Parcels Affected By Court Decrees: Parcels of land affected by court decrees shall be shown on the zoning map in accordance with the provisions of subsection 9-23A-6B of this title. (Ord., 10-2004)

   A.   Definition: The "official comprehensive plan" of the village shall be defined as a compilation of policy statements; goals; standards; maps; recommended planning, regulatory, fiscal, and public works programs; pertinent data relative to the past, present, and future trends of the village with respect to its population, housing, economic, social, and environmental development patterns and its land, water, and natural resources and use and its transportation facilities, public facilities, and utilities; and any other matter relative to the present and future patterns of life within the village or within the unincorporated areas lying within one and one-half (11/2) miles of its boundaries as they may from time to time exist, prepared and recommended by the plan commission with the advice and assistance of the village manager and the village manager's staff and adopted by the board of trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time. The term "official comprehensive plan" also shall refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area. As of the effective date of this zoning code, the term "official comprehensive plan" shall be understood to refer to the following documents:

      1.   The Lake Zurich 2003 comprehensive land use plan.

      2.   This zoning code.

      3.   The Lake Zurich land development code, as amended, set forth in title 10 of the Lake Zurich municipal code.

      4.   Sections 3, 4, and 5 of the "Transportation Plan And Redevelopment Strategy For The Village Center", prepared by Trkla, Pettigrew, Allen & Payne, Inc., related to potential redevelopment of downtown Lake Zurich.

   B.   Purpose: The official comprehensive plan shall be considered an official statement of the policy of the village with respect to the existing and developing character of the various areas of the village and its vicinity; the proper objectives, standards, and direction for future maintenance, growth, development, and redevelopment of the village; the means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the village; and the actions and programs to be undertaken by the village with respect to its future maintenance and development.

   C.   Effect: After the adoption of the official comprehensive plan or a part thereof, no ordinance, regulation, or official map relating to the physical maintenance, development, or redevelopment of the village or any land within it shall be enacted, established, amended, or varied and no right of way, street, utility, or public structure or land shall be authorized, established, developed, redeveloped, or modified in location or extent except in accordance with the policies, goals, objectives, principles, and standards of the official comprehensive plan or relevant part thereof unless the board of trustees shall first make a specific finding that the facts and circumstances affecting the particular matter justify a departure from the official comprehensive plan.

   D.   Procedures:

      1.   Plan Development: The plan commission, with the assistance of the village manager and the village manager's staff, shall oversee the continuing development and revision of the official comprehensive plan. The plan commission and the village manager, in developing a plan, shall make all reasonable efforts to obtain the views, comments, and criticisms of interested persons. In addition, the plan commission, prior to making any recommendation for the adoption or amendment of a plan or part thereof to the board of trustees, shall set, notice, and conduct a public hearing thereon in accordance with the provisions of section 9-14-3 of this title.

The board of trustees, at any time, may refer a plan to the plan commission for consideration and recommendation. In the case of such referral, the plan commission shall return its recommendation to the board of trustees not later than ninety (90) days after the receipt of the referral. If such recommendation is not so delivered, then the board of trustees may proceed to consider the amendment without such recommendation.

When satisfied that a plan or a part thereof is adequate for adoption as, or as an amendment of, the official comprehensive plan of the village or a part thereof, the plan commission shall transmit such plan or part thereof to the board of trustees together with its recommendations for adoption of such plan as well as any reports or statements deemed necessary to a full consideration of such plan or part thereof. Such reports or statements may include majority and minority positions. Such transmittal shall be made not later than fifteen (15) days after the close of the public hearing concerning such plan.

      2.   Plan Adoption: After receiving any recommendation of the plan commission with respect to the adoption or amendment of any plan or a part thereof, the board of trustees, by ordinance duly enacted, may adopt such plan in whole or in part, with or without amendments; or may refer such plan or any part thereof back to the plan commission for further consideration; or may reject such plan. The board of trustees shall take such action not later than ninety (90) days after the close of the plan commission public hearing on such plan. The failure of the board of trustees to act within such period shall be deemed to be a rejection of the plan. Upon the adoption of any such plan or part thereof, it shall be designated as the "official comprehensive plan of the village of Lake Zurich" and, if less than a total comprehensive plan, shall carry a subheading designating its specific contents.

      3.   Plan Amendment: The official comprehensive plan, or any part thereof, may be amended at any time in accordance with the provisions of this subsection D3. Such an amendment may be initiated by the board of trustees, the plan commission, the village manager, or by any owner of property affected by the provisions of such plan sought to be amended. Amendments initiated by the board of trustees, the plan commission, or the village manager shall require no formal application and shall be processed as provided in subsections D1 and D2 of this section. Amendments initiated by the owner of affected property shall be initiated by an application filed pursuant to section 9-14-1 of this title, except that the time limits specified in subsections D1 and D2 of this section shall apply.

      4.   Plan Filing And Notice Of Adoption: The ordinance adopting the official comprehensive plan, or any part thereof, shall provide that the village manager shall cause a certified copy thereof to be placed on file in the office of the village clerk and shall cause a notice evidencing the adoption of such plan, or part thereof, to be filed with all municipalities adjacent to the village and with the Lake County recorder of deeds. (Ord., 10-2004)