To accomplish the purposes of this chapter, the village is hereby divided and classified into the following zoning districts:

 

   (A)   The zoning district classification of all land in the village shall be shown on the map designated as the Village of Lakemoor Zoning District Map, dated and signed by the Village Clerk upon adoption.

   (B)   The zoning district map, everything shown thereon, and all amendments thereto shall be as much a part of this chapter as if fully described herein and shall be filled as part of this chapter by the Village Clerk. Said map shall be available for public inspection in the Office of the Village Clerk. Any amendments to this map shall be similarly dated, filed and made available for public reference and shall be incorporated into the zoning map by the Zoning Administrator on or before December 31 of each year and published as provided by statute.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   (A)   District boundary lines shall, unless otherwise indicated, be on the boundary lines of the village, of sections or divisions of sections, or tract or lot lines; on the center lines of streets railroads, alleys, easements, rivers and other water bodies; or on the extension of such lines.

   (B)   District boundary lines approximately following such lines shall be interpreted as located on those lines. Distances not specifically indicated on the map shall be established using the scale of the map.

   (C)   Where a district boundary divides a lot in single ownership, the district governing any portion of the lot may, at the owner’s discretion, extend to the entire lot if such extension is not more than 25 feet beyond the district boundary on the map.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   Except as may be provided for by a preannexation agreement or by a subsequent amendment to this chapter, any parcel of land hereafter annexed to the village shall be classified as R-1, One-Family District.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   The Lake County Watershed Development Ordinance (WDO) was adopted by reference by the village via Ordinance 06-O-09 and 06-O-22. Ordinance 06-O-24 amended the WDO to update Appendix C with the revised 2006 McHenry County Flood Insurance Rate Map panels and Flood Insurance Study. The Village of Lakemoor applies the WDO throughout the community.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   Except within Planned Unit Developments, no more than one principal building shall be permitted on any lot in any zoning district.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   All business, service, storage, merchandise, display, and, where permitted, repair and processing shall be conducted wholly within enclosed buildings except for off-street parking, off-street loading and for open sales lots or outside storage where these uses are permitted either as of right or as a conditional use.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   No automobile service station shall be located within 600 feet of any other automobile service station.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   (A)   The boundary of any Residential District; and

   (B)   Any lot line of any lot on which is located a single- or multiple-family dwelling, religious institution, education institution, park, playground or other area where large numbers of minor regularly travel or congregate.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   (A)   A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses of land may be permitted in any zoning district by the Zoning Administrator of a temporary use permit, subject to the provisions in this section.

   (B)   A property owner in the village, or person expressly authorized in writing by the property owner, may initiate the temporary use permit application. An application for a temporary use permit shall be filed with the Zoning Administrator at least 30 days before the requested beginning of the temporary use. The application shall include the items specified within the village’s temporary use permit application as well as within Table 1 of the filing procedures section of this chapter.

   (C)   Upon receipt of a complete and accurate application, the Zoning Administrator shall review said request for compliance with the following approval standards:

      (1)   Unless expressly allowed by this chapter, the temporary use or structure shall comply with the yard and bulk standards of the district in which it is located.

      (2)   The temporary use does not cause, or threaten to cause, an on-site or off-site threat to the public health, safety, and welfare.

      (3)   The temporary use is operated in accordance with such restrictions and conditions as the Police, Fire, and Health Departments may require. If required by the village, the operator of the temporary use must employ appropriate security personnel.

      (4)   The temporary use does not conflict with another previously authorized temporary use.

      (5)   The temporary use provides adequate parking if needed. If located on a lot with an operational principal use or uses, does not impact the parking and site circulation of the principal use or uses.

      (6)   The temporary use permit is valid only for the time period granted as part of the approval. Unless otherwise specified in this chapter, temporary use permits shall have a maximum duration of six months per year.

      (7)   In addition to the approval standards herein, the following temporary uses must also comply with the requirements listed below:

         (a)   Outdoor café/dining;

            1.   Shall be subject to annual review and approval, and shall only be permitted between the months of May and October.

            2.   Allowed only in the C-1, C-2, and C-3 Districts, and must be incidental to an existing restaurant that has obtained all applicable village approvals.

            3.   Applicants shall provide a fully dimensioned and to scale plan showing the location and layout of the outdoor café/dining, trash receptacles, server station, protective fencing, building entrance(s), and ancillary parking lot.

            4.   All tables and chairs and other appurtenance shall be arranged in such a manner that they can easily be removed during winter months and/or if required by the village.

            5.   The sale and consumption of alcoholic beverages in the outdoor café/dining area shall be subject to and restricted by the liquor license governing the restaurant.

            6.   Outdoor café/dining shall only be permitted between the hours of 8:00 a.m. to 10:00 p.m.

            7.   All outdoor furnishings shall be of durable quality and shall be designed to withstand a wind pressure of not less than 30 pounds per square foot.

            8.   Live entertainment shall also be subject to the temporary use permit process.

            9.   Outdoor cafés/dining on commercial developments that are zoned C-3 and are constructed on or within planned developments of not less than 50 acres, shall be exempt from these temporary use standards, but shall comply with those standards outlined in § 22.082.

         (b)   Farmers' market/temporary outdoor entertainment/promotional events:

            1.   For farmers' market only, the number of days per week and the overall duration of the event, will be determined and approved as part of the temporary use permit.

            2.   For any farmers' market, temporary outdoor entertainment and/or promotional event, a management plan is required as part of the temporary use permit application that demonstrates the following:

               a.    General layout of performance areas, visitor facilities, such as seating areas and restrooms, parking areas, and all ingress and egress points to the site.

               b.    Provisions for recycling and waste removal.

               c.   The days and hours of operation, including setup and take down times.

               d.   A description of crowd control and security measures.

               e.   If alcoholic beverages are to be served in conjunction with the temporary use, a liquor license must be approved by the Liquor Commission, which is separate from the temporary use permit approval process.

            3.   Any temporary structure must be removed within three days of conclusion of the event.

            4.   Events are limited to four events per calendar year and a maximum duration of four days per event, with a minimum of 30 days between events.

         (c)   Parking lot/sidewalk display and sales:

            1.   Shall only be allowed on commercially zoned properties.

            2.   For sidewalk display and sales, a general layout shall be provided showing the location of the display area to the sidewalk and building entrance to ensure that said event will not obstruct pedestrian flow or emergency access.

            3.   For parking lot display and sales, a general layout shall be provided showing the location of the display area within the parking lot, and the number of parking stalls that would be impacted to ensure that said event does not obstruct or impact vehicular access or on-site circulation. In addition, the applicant must provide to the satisfaction of the village evidence that the remaining parking area(s) is sufficient to accommodate the anticipated parking demand.

            4.   Events are limited to four events per calendar year and a maximum duration of two days per event, with a minimum of 30 days between events.

         (d)   Sale of Christmas trees and/or other roadside merchandise:

            1.   Shall not be allowed on property that is zoned residential.

            2.   A general layout shall be provided to ensure that sales display areas do not obstruct or impact vehicular access or on-site circulation.

            3.   Provides parking at a ratio of one space per 75 square feet of display area, with a minimum of three parking stalls, exclusive of employees, which shall be based on one parking stall per employee.

            4.   Events are limited to one event per calendar year and a maximum duration of 30 days per event with a minimum of 30 days between events.

   (D)   Upon determining that there is evidence of compliance with the conditions and requirements set forth in this chapter, the Zoning Administrator shall issue a temporary use permit. Such permit shall be limited to the uses and time periods provided on the permit and shall set forth any applicable conditions provided in this chapter. Furthermore, the permittee shall display the permit within plain view on the premises of the temporary use for the duration of the use.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   All utilities, including phone and electric systems required for any new development must be located underground. Appurtenances to these systems that can be effectively screened may be excepted from this requirement if the Village Board finds that such exemption will not violate the intent or character of the development.

(Ord. 19-O-20, passed 9-17-2019)

   The following residential design standards are intended to ensure that the village's sense of place and character is maintained in the future. The following design standards will require all builders to focus on incorporating certain design elements into their standard home designs. These design elements are relatively simple and generally a small portion of the total cost of construction. They can, however, have a dramatic impact on the overall quality of design.

      (1)   Front and corner side elevations that face a street are to be broken up with a porch, projections, bay windows, recessed garage or some other architectural design element.

      (2)   Rooflines should be broken up with projections, recesses, dormers, varying rooflines, deep eaves along the roofline.

      (3)   Balanced window placement along with good window fenestration on all building elevations.

      (4)   Proper use of materials on an elevation is important. The use of too many materials or "wall paper" application of materials are to be avoided.

      (5)   At least 25% of the front and corner side building elevation, exclusive of doors, windows, or other architectural design elements shall incorporate brick or stone finish.

      (1)   The village desires that homes be constructed in a manner that is not repetitive and monotonous. A variety of architectural styles and floor plans are to be offered to protect against monotony.

      (2)   No home is to be constructed which is similar in appearance to any dwelling that is adjacent to or directly across the street. Two dwellings shall not be considered similar in appearance provided they meet all of the following criteria:

         (a)   The two dwellings are different elevations of the same model.

         (b)   The two dwellings are different colors.

         (c)   The two dwellings have opposite garage handlings.

(Ord. 19-O-20, passed 9-17-2019)

   The following guidelines are to assist developers, residents, and village officials to work towards creative design solutions that heighten the visual appearance, as well as create a unique identity and sense of place within the village. These guidelines are not intended to make every building within the village look the same. To the contrary, a variety of architectural styles and details is desirable to provide a visual interest. This variety however must be organized within a unified framework that promotes a contextual and complementary language of architectural massing and composition that should be applied throughout the village.

      (1)   The front or side building elevation shall be oriented towards the street. The rear elevation of the building may not face a public street and must be screened from the public view.

      (2)   The apparent bulk and mass of a building must be reduced through articulation, windows, or other architectural and functional elements. Large featureless wall and roof planes are not permitted on elevations facing streets and parking areas.

         (a)   Articulation can include variations in wall height, wall plane, roof height, roof plane, material, texture, and color.

         (b)   Design elements should be consistent with the selected architectural style and appropriate for the scale of the building.

      (3)   Consistent design and detail on all elevations is encouraged.

      (4)   Traditional base-body-cap design is preferred.

      (5)   Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with the building design.

         (a)   Materials shall conform to the following standards; other materials of like architectural style, durability, and/or comparable quality may be submitted for review.

         (b)   Material finishes are to be matte or low gloss; reflective finishes are not permitted.

         (a)   Use of preferred building materials and finishes is required on all buildings. Preferred materials shall constitute a majority of the exterior building elevation and shall include, but are not limited to: brick, stone, cast stone, architectural block, and architectural precast panels. EFIS/Dryvit and other like material may be used only as accent and trim details.

         (b)   Prohibited materials include:

            1.   Aluminum and vinyl siding; and

            2.   Unfinished materials.

         (c)   Transitions in material may not occur at an outside corner edge.

         (d)   Building materials are to be of comparable quality on all sides.

         (a)   Colors shall complement each other; simple color schemes are encouraged.

            1.   Contrasting colors may be used to accent architectural elements but should not dominate the color scheme.

         (b)   Colors should be muted and of low reflectance; fluorescent and neon colors are not permitted.

      (1)   Entryways are to be emphasized through the use of awnings, canopies, or other design elements; recesses/projections are encouraged.

      (2)   Windows are to be provided on elevations facing streets and parking areas.

         (a)   Windows should create visual interest and spatially relate to other design elements.

         (b)   Glazing should be clear or slightly tinted; dark or reflective glass is not permitted.

      (3)   Transparent facades (>30%) are encouraged.

      (4)   Awnings must fit proportionately with the building and at no point extend above the roof line. Awnings must be metal, fabric, or marine canvas.

      (1)   Flat roofs must be articulated with a parapet wall and/or a cornice (12-inch minimum).

      (2)   Use of preferred materials should also apply to all pitched roofs. Preferred materials are slate shingles, synthetic slate shingles, metal standing seam (matte finish), architectural grade asphalt shingles, and materials of like style, durability and quality.

      (3)   Pitched roofs must have eaves (12-inch minimum); dormers are encouraged.

      (4)   Rooftop mechanical must be screened from the public view and parking areas; faux pitched roofs are encouraged.

      (1)   Building equipment (mechanicals and utilities) and service areas (loading docks) shall be located such that they are not readily visible from the street and/or parking areas.

         (a)   Roof and ground based equipment must be screened to the greatest extent possible using landscaping, and/or screen walls that are architecturally compatible with the principal structure.

(Ord. 19-O-20, passed 9-17-2019)

   Uses not specifically listed in the use tables are to be determined by the Zoning Administrator.

(Ord. 19-O-20, passed 9-17-2019)

      (1)   If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this chapter, and now that use is classified as a conditional use as of the effective date of this chapter, that use is deemed a lawful conditional use. Any subsequent addition, enlargement or expansion of that use must conform to the procedural and substantive requirements of this chapter for conditional uses.

      (2)   If a structure or land is used in a manner that was classified as a conditional use prior to the effective date of this chapter, and that use is now classified as a permitted use as of the effective date of this chapter, that use is deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use must conform to any chapter requirements for such permitted use and is no longer subject to the conditional use ordinance under which it was originally approved.

      (3)   If a structure or land is used in a manner that was classified as permitted or conditional use prior to the effective date of this chapter, but this chapter no longer classifies that use as either permitted or conditional use in the zoning district in which it is located, that use is deemed a nonconforming use and is controlled by the provisions outlined within the nonconformities section of this chapter.

(Ord. 19-O-20, passed 9-17-2019)

   If any section, paragraph, subdivision, clause, sentence or provision of this chapter is adjudged by any court of competent jurisdiction to be invalid, that judgement does not affect, impair, invalidate or nullify the remainder of this chapter. The effect of the judgement is confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which judgement or decree was rendered.

(Ord. 19-O-20, passed 9-17-2019)