The OS Open Space District is established to recognize the existence of major open space and recreational areas in the Village and is intended to apply to all public open space of notable quality and to major private open spaces such as golf courses and cemeteries. (Ord., 10-2004)

The following uses and no others are permitted as of right in the Open Space District:

   A.   Publicly owned parks, recreational facilities, playgrounds, forest preserves, botanical and zoological gardens, arboreta, conservatories, recreational areas, and other open areas.

   B.   Common open space, when such property is voluntarily restricted by covenant, deed, or other agreement for use only as open space. (Ord., 10-2004)

The following uses may be permitted in the Open Space District subject to the issuance of a special use permit as provided in chapter 19 of this title. In interpreting the use designations, reference should be made to the "Standard Industrial Classification Manual", the North American industry classification system, and chapter 15 of this title. SIC codes and NAICS codes, where applicable, are given in parentheses following each use listing.

   A.   Band shells and amphitheaters.

   B.   Cemeteries, including associated structures such as mausoleums, columbariums, crematories, and chapels (6553).

   C.   Public or private golf courses, including associated structures such as clubhouses, maintenance buildings, and pro shops (7992, 7997).

   D.   Public sports and recreation buildings and facilities, including Village owned park and recreation office facilities.

   E.   Commercial facilities, incidental to the operation of public or private recreational uses, but not including drive-in facilities.

   F.   Marinas, as specifically defined in section 9-24-2 of this title and pursuant to the standards and provisions within section 9-7C-3 of this chapter (4493).

   G.   Planned unit developments.

   H.   Natural open space, subject to the following provisions:

      1.   Definition Of Natural Open Space: Prairie land, woodlands, wetlands, and similar land areas comprised primarily of indigenous plants and animals in good, natural ecological relationship.

      2.   Intent Of Special Use: This special use is intended to promote the preservation and maintenance of natural open space. The principal intent in the promotion of natural open space is to maintain biodiversity that acts as a buffer to certain types of vectorborne human diseases. This special use also may promote the development of natural open space. This special use is not intended for open spaces that have been disturbed, altered, or maintained other than for natural open space unless there is a specific plan for the conversion of such open space into natural open space.

      3.   Village Owned Property: The Village may grant a special use permit for natural open space on property owned by the Village. The Village also may grant a special use permit for natural open space on other property, but only with the consent of the property owner and subject to a binding agreement between the Village and the owner in a form satisfactory to the Board of Trustees that the owner will properly maintain, or develop and maintain if appropriate, the natural open space. See subsection H6 of this section regarding development of natural open space.

      4.   Minimum Area: The minimum required total area of property for a special use for natural open space shall be one hundred seventy five thousand (175,000) square feet.

      5.   Limitation On Uses And Structures Within Natural Open Space Area: Uses and structures within a natural open space area shall be limited to public observation and education activities, passive recreation areas and similar, compatible uses specifically approved by the Board of Trustees.

      6.   Development Of Natural Open Space Areas; Expiration Of Special Use If Not Developed: A special use for natural open space granted for an area that is not currently natural open space shall be conditioned by the Board of Trustees on development within the area of natural open space. If the area is not developed as natural open space within five (5) years or such longer period of time as the Board of Trustees may set specifically, then the special use for natural open space shall expire automatically and be null and void as of the five (5) years or other time set by the Board of Trustees.

      7.   Proper Maintenance Of Natural Open Space: All natural open space shall be maintained in good, natural ecological relationship by the property owner. After a public hearing before the Board of Trustees or, at the Board of Trustees' option, the Plan Commission, the Board of Trustees may revoke a special use permit if the property subject to the permit has not been maintained properly. (Ord. 2018-09-269, 9-4-2018)

Accessory structures and uses are permitted in the open space district subject to the provisions of section 9-9-1 of this title. (Ord., 10-2004)

Temporary uses are permitted in the Open Space District subject to the provisions of section 9-9-2 of this title. (Ord., 10-2004)

The parking and loading requirements applicable in the Open Space District are set forth in sections 9-10-1 and 9-10-2 of this title. (Ord., 10-2004)

The sign regulations applicable in the Open Space District are set forth in the Lake Zurich Municipal Code. (Ord., 10-2004)

Landscaping and lighting standards for uses and structures in the Open Space District are set forth in chapter 8 of this title. (Ord., 10-2004; amd. Ord. 2016-6-137, 6-6-2016)

No construction or development requiring a building permit and affecting the exterior appearance of any structure shall be permitted in any open space district except after approval of the building permit application pursuant to chapter 21 of this title. (Ord., 10-2004)

The building height, lot, yard, floor area ratio, and landscaped surface requirements applicable in the Open Space District are set forth in the following table:

 

   F.   Exceptions And Explanatory Notes:

      1.   Applicability Of Certain Bulk Regulations: The regulations for lot area, lot dimensions, yards, and setbacks shall apply only to special uses and shall not apply to uses in the Open Space District permitted pursuant to section 9-7A-2 of this article.

      2.   Nonconforming Lots: See section 9-11-5 of this title for lot requirements with respect to legal nonconforming lots of record.

      3.   Minimum Lot Area: Water areas and land areas with natural resource restrictions including floodplains, wetlands, and low land conservancy soils are not included as part of the calculation of the required minimum lot area.

      4.   Visibility Across Corners: Any other provision of this Zoning Code to the contrary notwithstanding, nothing shall be erected, placed, planted, allowed to grow, or maintained on any corner lot in the Open Space District in violation of the provisions of subsection 4-2-1-3C of the Lake Zurich Municipal Code.

      5.   Special Setbacks For Signs: Special setbacks established for some signs in the Lake Zurich Municipal Code shall control over the yards established in the table.

      6.   Special Yard And Setback Requirements For Recreational Devices: Recreational devices and play fields shall be set back a distance of 50 feet from all property lines.

      7.   Side And Rear Yard Regulations For Accessory Structures And Uses: Parking areas wherever located and other detached accessory structures and uses when located within the rear 25 percent of the depth of the lot shall not be required to maintain an interior side or rear yard or setback in excess of 8 feet; provided, however, that this regulation shall not apply to antennas and antenna support structures and provided further, however, that no accessory structure or use, or combination of such structures or uses, located within an otherwise required side or rear yard pursuant to this subsection F7 shall occupy more than 30 percent of such required yard.

      8.   Special Yards Abutting Ela Road And Cuba Road: Notwithstanding any other provision of this section, all yards along every lot line abutting Ela Road or Cuba Road shall be not less than 40 feet.

      9.   Special Yards Abutting Route 12 And Route 22: Notwithstanding any other provision of this section, all yards along every lot line abutting Route 12 or abutting Route 22 between Ela Road and the westernmost Village limits shall be not less than 50 feet.

(Ord., 10-2004)

The IB Institutional Buildings District is established to accommodate existing and future public buildings and buildings having purposes and impacts similar to public buildings. It is the intent of this Zoning Code, by this district, to avoid the problems inherent in treating such buildings as permitted or special uses in zoning districts characterized by uses and structures bearing no similarity to public and institutional uses and buildings. (Ord., 10-2004)

The following uses and no others are permitted as of right in the Institutional Buildings District:

   A.   Any Village owned or leased structure and any governmental activity or service conducted within a building owned or leased by a public body.

   B.   Publicly owned parks, playgrounds, forest preserves, botanical and zoological gardens, arboreta, conservatories, recreational areas, and other open areas.

   C.   Any use listed in section 9-7B-3 of this article, to the extent it existed on the effective date of this Zoning Code. Any change of such use or any lot or structure associated with it after such effective date shall comply with the regulations of this article, except as provided in chapter 11 of this title.

   D.   Railroad telecommunications towers, antennas, and related equipment on property acquired from the Village of Lake Zurich specifically for that use. The standards of this article apply to this use, except as follows:

      1.   Directional or panel antennas may extend from the structure to which they are attached to a distance approved by resolution of the Board of Trustees.

      2.   Omnidirectional or whip antennas may extend above the highest point of the structure to which they are attached to a distance approved by resolution of the Board of Trustees.

      3.   No railroad telecommunications tower may be located within three hundred feet (300') of any lot zoned in any residential district or in the OS Open Space District.

      4.   The standards in section 9-7B-10 of this article apply to this use, except as provided in subsections D1, D2, and D3 of this section and except that the following standards will apply as specifically approved by resolution of the Board of Trustees:

         a.   Maximum height as set forth in subsection 9-7B-10A of this article;

         b.   Minimum lot area and dimensions as set forth in subsection 9-7B-10B of this article;

         c.   Minimum yards as set forth in subsection 9-7B-10C of this article; and

         d.   Minimum landscaped surface area as set forth in subsection 9-7B-10E of this article. (Ord., 10-2004; amd. Ord. 2010-03-702, 3-1-2010; Ord. 2018-7-263, 7-2-2018)

The following private uses may be permitted in the Institutional Buildings District subject to the issuance of a special use permit as provided in chapter 19 of this title. In interpreting the use designations, reference should be made to the "Standard Industrial Classification Manual", the North American industry classification system, and chapter 15 of this title. SIC codes and NAICS codes, where applicable, are given in parentheses following each use listing.

   A.   Elementary and secondary schools (821).

   B.   Colleges and universities (822).

   C.   Libraries (8231).

   D.   Youth centers (832).

   E.   Child daycare services (835) operated by or for a membership organization.

   F.   Museums and art galleries (8412).

   G.   Business associations (861).

   H.   Professional membership organizations (862).

   I.   Civic, social, and fraternal associations (864).

   J.   Religious organizations (866).

   K.   Planned unit developments.

   L.   Electronic equipment and equipment structures, but only: 1) when the antenna is fully enclosed, or 2) when the antenna is limited to an omnidirectional or whip antenna or a directional or panel antenna located on the roof of a lawfully preexisting building that will serve as an antenna support structure, or 3) when the antenna is located on a facility owned and operated by the Village, and 4) when all electronic equipment is fully enclosed in a structure otherwise permitted on the zoning lot, and subject to the following standards:

      1.   Notwithstanding the provisions of subsection 9-7B-10A of this article, omnidirectional or whip antennas may extend to a height not exceeding fifteen feet (15') above the highest point of the roof of the building or structure to which they are attached; and

      2.   Notwithstanding the provisions of subsection 9-7B-10A of this article, directional or panel antennas may extend not more than six feet (6') above the roof of, or six inches (6") out from, the building or structure to which they are attached.

      3.   Notwithstanding any other provision of this Zoning Code, the regulations in the IB District related to antenna support structures shall not apply to the Village in constructing, operating, or maintaining such an antenna or antenna support structure for governmental purposes.

   M.   Telephone exchange buildings.

   N.   Massage therapy services (7299), but only subject to the following conditions:

      1.   The use must be ancillary to a civic, social, or fraternal association; and

      2.   The use is authorized only during the regular business hours of the business to which it is ancillary; and

      3.   The use may be conducted only by trained therapists professionally certified by the Illinois Department of Financial and Professional Regulation. (Ord., 10-2004; amd. Ord. 2009-01-610, 1-19-2009; Ord. 2018-7-263, 7-2-2018)

Accessory structures and uses are permitted in the Institutional Buildings District subject to the provisions of section 9-9-1 of this title. (Ord., 10-2004)

Temporary uses are permitted in the Institutional Buildings District subject to the provisions of section 9-9-2 of this title. (Ord., 10-2004)

The parking and loading requirements applicable in the Institutional Buildings District are set forth in sections 9-10-1 and 9-10-2 of this title. (Ord., 10-2004)

The sign regulations applicable in the Institutional Buildings District are set forth in the Lake Zurich Municipal Code. (Ord., 10-2004)

Landscaping and lighting standards for uses and structures in the Institutional Buildings District are set forth in chapter 8 of this title. (Ord., 10-2004; amd. Ord. 2016-6-137, 6-6-2016)

No construction or development requiring a building permit and affecting the exterior appearance of any structure shall be permitted in any Institutional Buildings District except after approval of the building permit application pursuant to chapter 21 of this title. (Ord., 10-2004)

The building height, lot, yard, floor area ratio, and landscaped surface requirements applicable in the Institutional Buildings District are set forth in the following table:

 

   F.   Exceptions And Explanatory Notes:

      1.   Exception For Residential Structures: When any residential structure is located in an IB District, it shall be subject to the bulk, space, yard, and floor area ratio regulations of the residential district to which it is nearest adjacent.

      2.   Height Limitation For Accessory Structures: Except as provided in subsection F3 of this section, no accessory structure shall exceed 15 feet in height measured from grade; provided, however, that flagpoles may extend to a height of 10 feet above the highest point of the roof of the principal structure.

      3.   Height Exceptions: Church spires and minarets may extend to a height of 70 feet, and publicly owned structures may extend to such height as the Village Manager may approve as necessary to carry out the public function in question.

      4.   No Application To Existing Uses: These requirements apply only to uses established after the effective date of this Zoning Code. A use established prior to the effective date of this Zoning Code shall not be considered to be a nonconformity by reason of its failure to comply with these requirements, but shall be allowed to continue on its existing zoning lot or any expansion thereof zoned or rezoned for institutional buildings use.

      5.   Nonconforming Lots: See section 9-11-5 of this title for lot requirements with respect to legal nonconforming lots of record.

      6.   Minimum Lot Area: Water areas and land areas with natural resource restrictions including floodplains, wetlands, and low land conservancy soils are not included as part of the calculation of the required minimum lot area.

      7.   Visibility Across Corners: Any other provision of this Zoning Code to the contrary notwithstanding, nothing shall be erected, placed, planted, allowed to grow, or maintained on any corner lot in the Institutional Buildings District in violation of the provisions of subsection 4-2-1-3C of the Lake Zurich Municipal Code.

      8.   Special Setbacks For Signs: Special setbacks established for some signs in the Lake Zurich Municipal Code shall control over the yard requirements established in the table.

      9.   Side And Rear Yard Regulations For Accessory Structures And Uses: Parking areas wherever located and other detached accessory structures and uses when located within the rear 25 percent of the lot depth of the lot shall not be required to maintain an interior side or rear yard or setback in excess of 8 feet; provided, however, that this regulation shall not apply to antennas and antenna support structures and provided further, however, that no accessory structure or use, or combination of such structures or uses, located within an otherwise required side or rear yard pursuant to this subsection F9 shall occupy more than 30 percent of such required yard.

      10.   No Application To Existing Structures: The maximum floor area ratio and minimum landscaped surface area regulations apply only to structures erected after the effective date of this Zoning Code; provided, however, that no structure existing on such effective date shall be expanded in violation of these regulations.

      11.   Special Yards Abutting Ela Road And Cuba Road: Notwithstanding any other provision of this section, all yards along every lot line abutting Ela Road or Cuba Road shall be not less than 40 feet.

      12.   Special Yards Abutting Route 12 And Route 22: Notwithstanding any other provision of this section, all yards along every lot line abutting Route 12 or abutting Route 22 between Ela Road and the westernmost Village limits shall be not less than 50 feet.

(Ord., 10-2004)

The Village of Lake Zurich enjoys the privilege of having within its borders the lake of Lake Zurich. The lake has unique qualities and characteristics and a strong impact on the overall character of the Village. The lake's distinctive characteristics deserve special protection, and the appropriate development and use of lakefront property requires special rules and regulations. The LP Lake Protection District is established to protect and preserve the special qualities and characteristics of the lake and thereby preserve the quality of its impact on the Village. (Ord., 10-2004)

The LP Lake Protection District appears on the zoning map as an "overlay district", imposed on top of other districts created by this Zoning Code and referred to in this article as "base districts". Development of properties in the LP Lake Protection District must comply both with the regulations of the LP Lake Protection District and with the regulations of the base district in which they are located. When there is any conflict between the regulations of the LP Lake Protection District and the regulations of the base district, the regulations of the LP Lake Protection District shall control. (Ord., 10-2004)

   A.   In addition to any use authorized by the regulations of the base district, the following uses may be permitted in the LP Lake Protection District, subject to the limitations placed thereon by this section.

      1.   Piers: Piers, subject to the following limitations:

         a.   No more than one pier shall be permitted per each seventy five feet (75') of lake frontage on any zoning lot.

         b.   The deck of any pier shall not extend more than four feet (4') above the mean high water level of the lake (currently known to be elevation 844 USGS datum).

         c.   No structure or part of a pier may extend above the level of the deck except that protective, decorative, or ornamental appurtenances such as handrailings, benches, and the like may extend to a height of forty two inches (42") above the deck.

         d.   The total deck area of a pier shall not exceed two hundred (200) square feet.

         e.   No pier shall be more than four feet (4') wide at any point, except as required for accessibility under applicable State or Federal law.

         f.   Every pier shall be constructed entirely of noncorrosive or decay resistant materials such as coated steel, aluminum, cedar, redwood, or Wolmanized® or similarly treated wood.

         g.   No pier shall project into the middle twelve feet (12') of any waterway.

         h.   No pier shall project into any waterway more than fifty feet (50') from the mean high water elevation at the bank of such waterway.

         i.   No pier shall be located within ten feet (10') of any property line as extended into the waterway.

      2.   Rafts And Other Floating Devices: Subject to the following limitations:

         a.   The deck of any such raft or device shall not extend more than four feet (4') above water level.

         b.   The total deck area of all such rafts or devices may not exceed two hundred (200) square feet per zoning lot.

         c.   No single horizontal dimension of any such raft or device may exceed twelve feet (12').

   B.   In addition to any use authorized by the regulations of the base district, the following uses shall only be allowed as special uses in the LP Lake Protection District, subject to the limitations placed thereon by this section.

      1.   Marinas: As specifically defined in section 9-24-2, "Definitions", of this title and subject to the following limitations:

         a.   No more than one marina shall be permitted per property.

         b.   The operation of marinas shall require compliance with the provisions of title 7, chapter 4, "Lake Of Lake Zurich And Beaches", of the Lake Zurich Municipal Code.

         c.   Marinas shall provide for the launching and retrieval of boats using a bonafide "boat launch ramp" as provided for in subsection B2 of this section and provide proper vehicular access to a public right-of-way by means of a paved surface or other approved surface.

         d.   All structures of a marina including related piers and side docks shall be constructed on the respective shoreline owner's lake bottom property and conform to the provisions of subsection A1, "Piers", of this section.

         e.   All motorized watercraft operating from the marina shall be certified with the Office of Law Enforcement of the Illinois Department of Natural Resources (DNR), with exceptions to watercraft operated by a governmental agency.

         f.   Marinas shall apply for and obtain a business license from the Village.

         g.   The storage and sale of fuel at a marina shall be prohibited.

      2.   Boat Launch Ramps: As specifically defined in section 9-24-2, "Definitions", of this title and subject to the following limitations:

         a.   The standards for boat launch ramps contained within this section shall only apply to those associated with the establishment of a marina as specifically defined in section 9-24-2, "Definitions", of this title.

         b.   No more than one boat launch ramp shall be permitted on a zoning lot.

         c.   Design specifications shall be as follows:

            (1)   Minimum width: Fifteen feet (15').

            (2)   Ramp slope: Minimum twelve percent (12%) to fifteen percent (15%) (7 degrees to 8.5 degrees) - drainage grooves troweled into their surface, sloping away from the center of the ramp.

            (3)   Ramp depth: Foot of ramp minimum four feet (4') below surface of water at any level.

            (4)   Ramp height above water at any level: Minimum one foot six inches (1'6").

            (5)   Material: Asphalt or concrete. Gravel launch ramps shall be permitted upon inspection and approval of the building official.

         d.   Side docks as specifically defined in section 9-24-2, "Definitions", of this title may be provided as an option. If provided, side docks should be a minimum four feet (4') wide, and constructed in compliance with the provisions of subsection A1, "Piers", of this section. (Ord. 2018-09-269, 9-4-2018)

   A.   Fill Compensation: Whenever any development requires placement of fill, or of a building, structure, or recreational device or vehicle, at or below the mean high water level of the lake (currently known to be elevation 844 USGS datum), then the volume of space occupied by such fill, building, structure, device, or vehicle shall be compensated for and balanced by an equal volume of excavation taken from below said mean high water level.

   B.   Erosion Protection: All construction shall be designed to prevent the seepage or erosion of any fill or other material into the water of the lake.

   C.   Exterior Appearance Review: No construction or development requiring a building permit and affecting the exterior appearance of any structure shall be permitted on property zoned in the LP Lake Protection District and in the following base districts except after approval of the building permit pursuant to chapter 21 of this title. Exterior appearance review shall be required for the following base districts within the LP Lake Protection District: R-6, B-1, B-2, B-3, O-1, O-2, O-3, I, OS, and IB. (Ord., 10-2004)

   A.   The downtown center of the village of Lake Zurich is an important meeting place where residents and visitors greet neighbors, shop, stroll, picnic, visit public buildings, and enjoy the beauty of the lake. The village has continued to prosper, but the vitality of downtown Lake Zurich has diminished over the years. Because the downtown is critical to the well being of the community, the village undertook extensive planning, study, and analyses regarding how to restore the downtown's vitality.

The result of the village's efforts was the adoption of carefully crafted master plans, redevelopment guidelines, the tax increment financing ("TIF") redevelopment plan, and other standards for all new development throughout the downtown. Those plans and standards establish a distinct character for the downtown that is necessary for its success. That character can be achieved only by the comprehensive and consistent application of the regulations of the DR downtown redevelopment overlay district to all new construction, redevelopment, exterior remodeling, and exterior alteration of downtown buildings, structures, and amenities.

   B.   The village's overarching goal for downtown Lake Zurich is to create and sustain a thriving residential and retail environment that will:

      1.   Make downtown Lake Zurich a desired destination for residents of the village and nearby communities,

      2.   Improve the quality of life in the community by creating a new and vibrant retail and residential district, complete with gathering places and improved traffic flow,

      3.   Protect and enhance the value of property within the downtown and throughout the village,

      4.   Strengthen the economy of the village, and

      5.   Enhance the village's overall ability to deliver quality services and support to its residents.

   C.   The village has determined that it is essential that the downtown include:

      1.   Buildings of consistent architectural style and of scale, height, design, and materials conforming to the village's master plans and the high standards set in those plans,

      2.   Use of the buildings and all other property within the DR overlay district only in a manner consistent with the master plans, to achieve the proper balance of high quality retail shops, office spaces, and residential dwellings, and

      3.   Pedestrian friendly features such as inviting storefronts, landscaped walkways, comfortable street furniture, plazas and other gathering places, aesthetically pleasing signage, convenient passage from building to building and to parking, and similar thoughtful design features.

   D.   The regulations of this article are intended to govern all development; redevelopment; building construction, exterior alteration, and exterior modification; all related physical activity; and all uses, all to promote the important goals and purposes set forth above and to protect against the use or maintenance of any property within the DR overlay district inconsistent with the village's master plans and standards. (Ord., 10-2004)

The DR downtown redevelopment overlay district appears on the zoning map as an "overlay district", imposed on top of other districts created by this zoning code and referred to in this article as "base districts". Development of property in the DR overlay district must comply with the regulations of the DR overlay district, with the regulations of the base district in which they are located, and, in certain instances, with the regulations of the lake protection district.

In many instances, the regulations of the DR overlay district are more restrictive than, and preemptive of, the regulations of the base district, particularly in regard to building design and location and with what uses may be established.

Property may be developed under the standards and regulations applicable to the base district. However, property owners may exercise the option to develop a planned unit development pursuant to the FBR standards. (Ord. 2012-08-852, 8-20-2012)

The DR downtown redevelopment overlay district shall be mapped as provided on the zoning map as of March 1, 2004, which includes, principally, the property in the central business district area of the village along Main Street and Old Rand Road as well as certain adjacent property. Most of the property within the DR overlay district is included within the village's downtown TIF district. The DR overlay district may be mapped on such additional property as the board of trustees determines is appropriate based on the board of trustees' sound legislative judgment that such property is properly a part of the village's downtown redevelopment master plans defined in section 9-7D-7 of this article and should be regulated in the same manner as other property within the DR overlay district. (Ord., 10-2004)

   A.   Permitted Uses On First Story Abutting Main Street Or Old Rand Road: The following uses shall be permitted as of right on the first story (street level) of any building in the DR overlay district on property that abuts Main Street or Old Rand Road:

      1.   Those retail trade uses listed in subsection 9-4-2C of this title as permitted in the B-2 central business district, but not including any of the following uses: any use that does not generate retail sales tax except as otherwise specifically authorized in this article; drinking places (5813); drugstores and proprietary stores (591); used merchandise stores (593) except that antique stores, antique furniture stores and books and rare manuscripts stores shall be permitted; news dealers and newsstands (5994); and miscellaneous retail stores not elsewhere classified (5999) except that art dealers, autograph and philatelist supply stores, coin shops, and cosmetics stores shall be permitted.

      2.   Financial services in existence and operation within the B-2 central business district and a drive-through associated with such a financial service.

      3.   Pet grooming salon, but not including a pet store or pet supply store.

      4.   Gourmet independent pet food store not exceeding one thousand (1,000) square feet in gross floor area.

      5.   Uses owned or operated by the village of Lake Zurich.

      6.   Residential units on the first story as a special use.

   B.   Permitted Uses Above First Story Abutting Main Street Or Old Rand Road: The following uses shall be permitted as of right on stories above the first story (that is, not at street level) of a building in the DR overlay district on property that abuts Main Street or Old Rand Road:

      1.   Multiple-family dwellings.

      2.   Legal services.

      3.   Financial services.

      4.   Engineering, architectural and surveying services.

      5.   Accounting, auditing and bookkeeping services.

      6.   Management and public relations services.

      7.   Offices and clinics of doctors of medicine and dentists.

      8.   Services not elsewhere classified.

      9.   Uses owned or operated by the Village of Lake Zurich.

   C.   Permitted Uses Not Abutting Main Street Or Old Rand Road: The following uses shall be permitted as of right in a building in the DR Overlay District on property that does not abut Main Street or Old Rand Road:

      1.   Townhouse dwellings.

      2.   Uses owned or operated by the Village of Lake Zurich.

   D.   Adherence To The FBR Standards As Part Of A Planned Unit Development: In the event a developer chooses to develop property within the Downtown Overlay District using the FBR standards, such FBR standards must be applied as part of a planned unit development approved by the Board of Trustees.

(Ord. 2012-08-852, 8-20-2012; amd. Ord. 2019-11-337, 11-4-2019)

   A.   Special Uses On First Story Abutting Main Street Or Old Rand Road: The following uses and no others may be authorized on the first story (street level) of any building in the DR Overlay District on property that abuts Main Street or Old Rand Road, subject to the issuance of a special use permit as provided in chapter 19 of this title:

      1.   Drinking places (5813) accessory to permitted eating places, or accessory to a special use granted at subsection 9-4-3J1 of this title and this section.

      2.   Garden supplies, tools, and nursery stock stores (526) in existence and operation within the B-2 Central Business District as of January 1, 2004.

      3.   Outdoor seating accessory to permitted eating places, or accessory to a special use granted at subsection 9-4-3J1 of this title and this section.

      4.   Live entertainment accessory to permitted eating places, or accessory to a special use granted at subsection 9-4-3J1 of this title and this section.

      5.   Beauty shops (723), barbershops (724), and full service beauty and health spas.

      6.   Theatrical producers (except motion picture) (792).

      7.   Such other Retail Sales Tax generating uses as the Board of Trustees determines are consistent with the uses stated in this subsection A and in subsection 9-7D-4A of this article and that are consistent with and promote the goals and purposes set forth in section 9-7D-1 of this article.

      In interpreting the use designations, reference should be made to the "Standard Industrial Classification Manual", the North American industry classification system, and chapter 15 of this title.

   B.   Special Uses Above First Story Abutting Main Street Or Old Rand Road: The following uses and no others may be authorized above the first story (that is, not at street level) of any building in the DR Overlay District on property that abuts Main Street or Old Rand Road, subject to the issuance of a special use permit as provided in chapter 19 of this title:

      Such services uses as the Board of Trustees determines are consistent with and promote the goals and purposes set forth in section 9-7D-1 of this article.

   In interpreting the use designations, reference should be made to the "Standard Industrial Classification Manual", the North American industry classification system, and chapter 15 of this title. (Ord. 2019-01-291, 1-7-2019; amd. Ord. 2020-07-372, 7-6-2020)

In addition to the limitations established in sections 9-7D-4 and 9-7D-5 of this article, the Board of Trustees shall have the authority to limit, specifically or generally, the types of retail, office, or service uses that are authorized within the DR Downtown Redevelopment Overlay District. The Board of Trustees shall have the authority to place any condition on any such uses as the Board of Trustees determines is appropriate, consistent with the goals and purposes of the DR Overlay District set forth in section 9-7D-1 of this article. (Ord., 10-2004)

All development and uses of all property within the DR Downtown Redevelopment Overlay District shall be consistent with the downtown redevelopment master plans, as determined by the Board of Trustees. The downtown redevelopment master plans shall include all of the following:

   A.   Master Plans:

      1.   The set of various plans and drawings titled "Lake Zurich Lakefront Corridor Project" prepared by Lucien Lagrange Architects, dated February 17, 2004, and numbered 1 through 32, copies of which are on file in the village clerk's office.

      2.   The "Redevelopment Guidelines For Downtown Lake Zurich", prepared originally in April 2003, and revised and dated February 5, 2004, copies of which are on file in the village clerk's office.

      3.   Such other standards for development and use that the board of trustees may adopt by ordinance from time to time. (Ord., 10-2004)

   B.   Additional Standards: From time to time the board of trustees may adopt, by ordinance, additional standards for development and uses within the DR overlay district. Such standards shall apply and control within the DR overlay district as provided by the board of trustees. (Ord. 2012-08-852, 8-20-2012)

   C.   Special Exterior Appearance And Design Standards: In addition to compliance with subsections A and B of this section and with all other applicable exterior appearance standards, the board of trustees shall consider and evaluate all development and use of all property within the DR overlay district guided by the standards established by the downtown redevelopment master plans, including, without limitation, location, bulk, height, architectural design, color, and consistency with the goals and purposes set forth in section 9-7D-1 of this article.

For buildings proposed within the DR overlay district near existing residential houses and taller than three (3) stories, the following standards shall apply to site plan and exterior appearance plan reviews:

      1.   When a building is proposed near existing residential houses, the plans shall depict how the building's design, architecture, landscaping, and other features are reasonable in the residential context within which the building will be located, and

      2.   When a building is proposed near existing residential houses and for a height of four (4) stories or greater, the application shall include information related to viability and need for the building.

Site plan review and exterior appearance review for buildings existing prior to January 1, 2004, shall be conducted in accordance with the provisions of chapters 20 and 21 of this title.

   D.   Master Plans Control In Case Of Conflict: In the event of any conflict between the downtown redevelopment master plans and any provision of this article or of any base district, the downtown redevelopment master plans shall apply and control. (Ord., 10-2004)

Accessory uses and structures, including, without limitation, sheds, parking lots, vending machines, sales, kiosks, and garages, shall not be permitted in the DR district. The board of trustees shall have the authority to authorize an accessory use or structure in conjunction with a development approved by the board of trustees if the board of trustees finds that the proposed accessory use or structure will be consistent with the goals and purposes set forth in section 9-7D-1 of this article, will comply with the standards set forth in section 9-7D-7 of this article, and will be consistent with and promote the intent of the downtown redevelopment master plans. (Ord., 10-2004)

The parking and loading requirements applicable in the base districts set forth in sections 9-10-1 and 9-10-2 of this title shall apply to development within the DR downtown redevelopment overlay district except as may be modified for uses in the DR overlay district by ordinance duly adopted by the board of trustees. The board of trustees shall have the authority to change, alter, vary, modify, or waive a parking or loading requirement as it applies to a development approved by the board of trustees if the board of trustees finds that the proposed development will be consistent with the goals and purposes set forth in section 9-7D-1 of this article, will comply with the standards set forth in section 9-7D-7 of this article, and will be consistent with and promote the intent of the downtown redevelopment master plans. (Ord., 10-2004)

No sign shall be permitted in the DR downtown redevelopment overlay district except only as specifically approved by the board of trustees. All signs within the DR overlay district shall be consistent with the downtown redevelopment master plans. The sign regulations applicable in the base districts set forth in the Lake Zurich municipal code shall apply on the DR overlay district only to the extent that they are consistent with the downtown redevelopment master plans. The board of trustees shall have the authority to change, alter, vary, modify, or waive any sign regulation if the board of trustees finds that a proposed sign will be consistent with the goals and purposes set forth in section 9-7D-1 of this article, will comply with the standards set forth in section 9-7D-7 of this article, and will be consistent with and promote the intent of the downtown redevelopment master plans. Signs that are not authorized by the Lake Zurich municipal code shall not be permitted in the DR overlay district except only as approved in advance by ordinance duly adopted by the board of trustees. (Ord., 10-2004)

The bulk, yard, space, and parking standards of the applicable base district shall apply to development within the DR downtown redevelopment overlay district except as may be specifically modified by ordinance duly adopted by the board of trustees. The board of trustees shall have the authority to change, alter, vary, modify, or waive any bulk, yard, space, or parking regulation as it applies to a development approved by the board of trustees, but only if the board of trustees finds that the proposed development will be consistent with the goals and purposes set forth in section 9-7D-1 of this article, will comply with the standards set forth in section 9-7D-7 of this article, and will be consistent with and promote the intent of the downtown redevelopment master plans.

In addition, the following standards shall apply unless changed, altered, varied, modified, or waived by the board of trustees:

   A.   Minimum Lot Area: Eighteen thousand (18,000) square feet.

   B.   Minimum Lot Width: One hundred feet (100').

   C.   Maximum Height: District maximum except only as otherwise specifically approved by ordinance of the board of trustees, but in no event more than five (5) stories.

   D.   Minimum Number Of Off Street Parking Spaces For Residential Uses: 1.2 spaces per dwelling unit. (Ord., 10-2004)

   E.   Minimum Number Of Parking Spaces For Retail And Office Uses: 3.0 spaces for each one thousand feet (1,000') net floor area.

   F.   All Other Parking And Loading Requirements: Compliance with requirements applicable in the base district as set forth in sections 9-10-1 and 9-10-2 of this title. Reduced parking and loading requirements may be accepted by the village in lieu of minimum standards as a condition of a special use provided that evidence of a reduced demand for parking or loading spaces is substantiated by a traffic/parking study prepared by a qualified professional engineer or planner.

   G.   Parking And Loading Requirements: The board of trustees may modify parking and loading requirements for a particular development by an ordinance approved by the board of trustees. Such modifications may include, but are not limited to, adjustments or waivers of the required number of off street parking spaces in connection with a shared parking arrangement, a cooperative parking arrangement or public parking credits as defined below.

      1.   Shared Parking Arrangements: Shared parking arrangement, in which two (2) or more nonresidential uses with different peak parking demands use the same off street parking spaces to meet off street parking requirements, may be approved by the board of trustees by ordinance. Prior to approval, the board of trustees must determine that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed. That determination must be based on a parking study and other evidence submitted by the applicant.

      2.   Cooperative Parking Arrangements: Cooperative parking arrangements, when two (2) or more nonresidential uses located in different buildings provide their required off street parking spaces in the same parking structure or lot, may be approved by the board of trustees by ordinance. Parking within any cooperative parking arrangement must be within five hundred feet (500'), measured along a dedicated pedestrian path, to the entrance of all uses included within the arrangement. The parties to the cooperative parking arrangement must provide a binding, perpetual agreement in a form satisfactory to the village, and such other assurances as the board of trustees may require, demonstrating the continued enforceability of the cooperative parking arrangement. If a cooperative parking arrangement is no longer in force for any reason, then parking must be provided as otherwise required by this section and otherwise by this zoning code.

      3.   Public Parking Credits: The board of trustees may approve, by ordinance, credits against the otherwise required off street parking, which credits will be based on the availability of public parking. The board of trustees may credit designated on street parking within five hundred feet (500'), measured along a dedicated pedestrian path, to any entrance to a use against the parking requirements, at a rate of one credit for every two (2) on street parking spaces. Parking within a public lot or structure within five hundred feet (500'), measured along a dedicated pedestrian path, of any entrance to a use may be credited against the parking requirement at a rate of one credit for every three (3) public parking spaces.

(Ord. 2012-08-852, 8-20-2012)

   To protect, preserve and dedicate Village revenue most efficiently for ongoing, uninterrupted municipal services and establish flexibility in the planning and development processes to best serve the public. The provisions herein are intended to assure adequate, reliable municipal services, by facilitating municipal infrastructure projects and basic, fundamental municipal services and facilities without preconditions or procedures, nor interference, interruption or delay to or with the prompt establishment and continuous provision of basic and critical or essential municipal operations.

(Ord. 2025-07-616, 7-7-2025)

   The following categories and types of Village structures, services and uses owned or operated by the Village of Lake Zurich are authorized as follows in any zoning district in the Village.

   Essential or critical Village services or uses, including, but not limited to basic or supporting infrastructure, facilities, structures, improvements and related appurtenances, are authorized and permitted. Such services, uses, infrastructure, facilities, structures, improvements and related appurtenances are further exempt from any further provisions of the Village Zoning Ordinance.

   Park and recreational services or uses, including, but not limited to structures, improvements, uses and related facilities are authorized and permitted. Such structures, improvements, uses and related facilities are further exempt from any further provisions of the Village Zoning Ordinance.

   Any municipal services or uses which do not fall within the above two categories shall be classified as permitted uses within the underlying zoning districts in which such municipal services or uses are classified.

(Ord. 2025-07-616, 7-7-2025)