(B)   O-I, district bulk standards: See Table 8.

   (C)   Permitted and conditional uses: See Table 9.

   (D)   Off-street parking and loading: As provided in §§ 22.110 through 22.112.

   (E)   Landscaping and screening: As provided in §§ 22.130 through 22.135.

   (F)   Stormwater detention and floodplain development requirements: See § 22.044.

   (G)   Performance standards: As provided in §§ 22.195 through 22.207.

   (H)   Signs: As provided in §§ 22.145 through 22.148.

   (I)   Design standards: As provided in § 22.052.

   (J)   Other requirements:

      (1)   As provided in general district regulations.

      (2)   All deliveries and loading related activities, as well as parking lot sweeping in the service area, directly abutting a residential area, shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m.

(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)

   (B)   I-1, district bulk standards: See Table 8.

   (C)   Permitted and conditional uses: See Table 9.

   (E)   Landscaping and screening: As provided in §§ 22.130 through 22.135.

   (F)   Stormwater detention and floodplain development requirements: See § 22.044.

   (G)   Performance standards: As provided in § § 22.195 through 22.207.

   (H)   Signs: As provided in §§ 22.145 through 22.148.

   (I)   Design standards: As provided in § 22.052.

   (J)   Other requirements:

      (1)   As provided in general district regulations.

      (2)   All deliveries and loading related activities, as well as parking lot sweeping in the service area, directly abutting a residential area, shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m.

      (3)   Refrigerated trailers shall not be left separated from the cab on the site and all trailers shall only be parked within the designated loading areas.

(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 intent and purpose of the A-M Agriculture and Mining Overlay District (AMO) is:

      (1)   To provide for the long range mixed use development of a parcel upon which earth extraction material or mineral processing has been approved for a portion of the parcel.

      (2)   To identify and take advantage of the unique features of the parcel that provides superior development and infrastructure taking into consideration the parcel's condition as a result of earth extraction.   

      (3)   To grant relief from the fixed regulations of conventional zones and from certain aspects of the subdivision and other engineering and regulatory ordinances and village plans. The AMO regulations supercede and govern the development of properties and, the instance of a conflict of regulations or in the instance when other village regulations exceed the standards of the AMO, the requirements of the AMO ordinance shall supercede all other requirements.

      (4)   To encourage an innovative site plan.

      (5)   To encourage the enhancement and development of the post extraction condition of the parcel.

      (6)   To obtain usable open space and recreational space.

      (7)   To increase the quality of the site design.

      (8)   To provide a compatible relationship between AMO land uses and adjoining land.

      (9)   To provide sensitive handling of on-site and off-site traffic flow for efficiency of circulation and safety.

      (10)   Provide land for agricultural uses as set forth in this section.

      (1)   The parcel must have a unified design. The tract of land submitted for AMO development must be developed as a single design entity even though it may be developed in phases, or contain a wide variety of uses and activities otherwise not necessarily compatible with one another.

      (2)   All land in the parcel submitted as the AMO application must be initially under the control of the applicant.

      (3)   The AMO parcel shall be no less than 400 acres and the majority of the current underlying zoning for the parcel must be R-1, One-Family Residential Dwelling District.

      (4)   After a proposed development has received AMO tentative plan approval, additional properties which when put together are less than 300 acres may be added to the AMO parcel by an applicant who has received AMO tentative plan approval as long as the additional properties have been granted AMO District Zoning. Such additional properties must be contiguous to the parcel, and must enhance and further the purposes of the approved AMO tentative plan.

   (C)   There is a two-step AMO application review procedure as hereinafter set forth.

      (1)   Tentative AMO information shall be filed with the village, including:

         (a)   Ten copies of a general description of the overall development and one electronic copy.

         (b)   A tentative plan of the proposed development fulfilling the requirements of this AMO ordinance including land uses and major roadways.

         (c)   Ownership of land.

         (d)   Minerals to be extracted or mined including a mining plan and reclamation plan.

         (e)   Character and composition of vegetation and wildlife on land to be affected.

         (f)   The nature, depth, and proposed disposition of the overburden.

         (g)   The estimated depth to which the mineral or aggregate resource will be extracted or mined.

         (h)   The technique to be used in the extracting and/or mining operation.

         (i)   Estimated type and volume of excavation.

         (j)   The equipment proposed to be used.

         (k)   Practices and methods to be used to minimize noise, dust, air contaminants, and vibration and to prevent pollution of surface or ground water.

         (l)   If applicable, the recycling of water used for washing and grading.

         (m)   If applicable, the proposed usage or drainage of excess water.

         (n)   The simultaneous reclamation plan including methods of accomplishment, phasing, and timing.

         (o)   Location of existing roads, and anticipated access and haulage roads operation(s).

         (p)   Location and names of all streams, creeks, wetlands and bodies of water within lands to be affected.

         (q)   Drainage on and away from affected land, including directional flow of water, natural and artificial drainage ways and waterways, and streams or tributaries receiving the discharge.

         (r)   A topographic survey with two foot- contours, at the same scale as the aerial photo showing the existing conditions on the subject site.

         (s)   A current Illinois Department of Natural Resources Endangered Species Consultation (EcoCAT) Report.

         (t)   Demonstrate compliance with all applicable performance standards as outlined in §§ 22.195 through 22.207 and surface mining standards as outlined in §§ 22.220 through 22.222. In cases where conflicts arise between the AMO district and the underlying zoning, the overlay district restriction apply.

      (2)   The petitioner shall submit 10 copies of the tentative plan plus one electronic copy (including all documents listed in division (D) of this section and the deposit required by the village) at least 45 days prior to a meeting of the Planning and Zoning Commission ("PZC"), at which time the petitioner shall make a presentation regarding the proposed development. The PZC shall make recommendations regarding the proposed development at their next regularly scheduled meetings (not longer than 45 days after the meeting).

      (3)   The Village Board of Trustees, upon receiving the report of findings and recommendation of the PZC, if any, may grant or deny any proposed Petition in accordance with applicable Illinois statutes or may refer it back to the PZC for further consideration one time.

      (4)   The tentative plan is a general indication of the proposed land uses and the general or schematic locations of detention areas, open spaces, and parks. At this stage of planning, detailed data pertaining to precise building locations, parks, and detention will not be available and will be further refined as the plans progress to the final plan stage. The more detailed data and site plans shall be submitted to the village for review and approval at the final plan stage of development. It is understood that the engineering plans for the development of the property shall not be completed at this early stage of planning. The tentative plan will undergo further refinement and when the final plan is prepared it will be submitted for final site plan approval and engineering approval by the village. The final plan may be submitted for approval either in phases or as a whole. Tentative and final plans shall permit a lesser residential density in area approved for a higher residential density.

      (5)   The tentative plan submittals shall also contain the following:

   (E)   The criteria for approval of a Reclassification to A-M Agriculture and Mining Overlay District (AMO) tentative AMO plan are as follows:

      (1)   Does the plan take advantage of the unique qualities of the property?

      (2)   Compatible with use or zoning of environs. The proposed use(s) or the uses permitted under the zoning classification are compatible with existing uses or existing zoning of property in the environs.

      (3)   Supported by trend of development. The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification.

      (4)   Consistent with comprehensive plan objectives. The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the village as viewed in light of any changed conditions since the adoption of the plan.

      (5)   Furthers public interest. The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant.

      (6)   The extent to which infrastructure will be provided for the property which may benefit contiguous properties subject to the owner's ability to recapture an equitable portion of its expense for said infrastructure.

      (7)   The extent to which the plan promotes the orderly growth of the village and positively affects the long range interest of the village.

      (8)   Steps taken to minimize effect on adjoining properties.

      (1)   The final plan accompanied by a proposed final plat for any phase of the development shall be submitted to the PZC and shall be reviewed at its next regularly scheduled meeting. The PZC shall make its recommendations regarding the final plan no later than their next meeting after the meeting at which the initial review has occurred (within 45 days). The Village Board shall take final action on a final plan promptly after receipt of the recommendation of the PZC. If no recommendation is timely made by the PZC, then the final plan shall be deemed to have been approved by the PZC as presented. It is recognized that Overlay District developments are of a different character and may require modifications and variations from the subdivision ordinance and other ordinances of the village. Such modifications shall be reasonably considered and approved by the village in its reasonable discretion as part of the final plan approval process as long as the final plan conforms to requirements of the village's subdivision ordinance. However, it is understood that the requirements of the stormwater detention ordinance will be abided by unless the village and McHenry or Lake County (if required) grant a waiver of same or portions of same in light of the lakes that may be created on a parcel.

      (2)   The final plan (ten copies) for any phase of the development shall include:

         (a)   All items required by division (D) of this section.

         (b)   Final plat of subdivision.

         (c)   All documents required by the village's subdivision ordinance.

            1.   Stages in which project will be built, with emphasis on area, density, use and public improvements/facilities, such as open space to be developed with each stage.

            2.   Each stage shall be described and mapped as a phase of the project. The overall design of each phase shall be shown on the plan and through supporting graphic material.

      (3)   Anticipated dates for beginning and completion of each phase.

         (h)   The required information for Final AMO review shall be submitted to the Village Clerk a minimum of 60 days prior to the meeting with the Village PZC, and promptly forwarded to village staff, the Village Engineer, the PZC and the Board of Trustees.

         (a)   Surface mining including earth materials processing.

         (b)   In those areas where surface mining has been completed parks, open space, recreational uses and all residential uses set forth in § 22.066 of the village zoning ordinance are permitted.

         (c)   For that portion of parcels located within 400 feet of the right-of-way of Illinois Route 120, all Commercial Zoning District uses allowable in C-1, and C-3.

         (d)   Agricultural uses except for the keeping of farm animals and horses.

         (a)   The keeping of farm animals and horses.

         (b)   Outdoor storage of equipment not used on site.

         (c)   Fill operations including but not limited to clean construction and demolition debris (CCDD) operations and uncontaminated soil fill operation (USFO).

      (1)   It is recognized that overlay district developments may vary from the rigid guidelines of conventional zoning standards and from certain engineering and subdivision regulations. In this respect the village will reasonably consider and approve in its discretion any variations to the subdivision control ordinance and other ordinances in order to effectuate the implementation of the AMO tentative and final plans.

      (2)   Except as modified by this section, the property will be developed in accordance with the village code and the village's zoning ordinance and subdivision regulations and building code as amended from time to time, and as uniformly applied within the village.

      (1)   It is recognized that some final plans will have less than 30% open space and others will have more than 30% open space, however, in no event shall the overall AMO District have less than 30% open space when fully developed.

      (2)   At a developer's cost improvements may include, but are not limited to, planned landscaping, walkways, driveways, clubhouses, swimming pools, tennis courts, and golf courses. Open space dedicated to a governmental unit shall be maintained by that unit of government and improvements by the owner, if any, shall be as required by the subdivision control ordinance.

      (1)   The A-M Agriculture and Mining Overlay District (AMO) is an "Overlay" District in addition to the underlying zoning classifications. Any AMO zoning designation shall supplement other zoning districts ("Underlying Zoning District"). The uses allowed in the underlying zoning district as well as the uses allowed in the AMO are permitted uses within these areas.

      (2)   Upon final plat recording for AMO uses, only the uses permitted in the AMO District shall be permitted as to the property described in said final plat and the uses allowed in any other underlying zoning district shall no longer be permitted as to the property described in said final plat unless it is a permitted AMO use. Once an AMO parcel is platted for the purpose of using the underlying zoning district, the AMO conditional uses shall no longer be available for the parcel so platted.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 17-O-32, passed 10-3-2017; Ord. 18-O-08, passed 2-27-2018; Ord. 20-O-21, passed 11-17-2020)

 

 

         (a)   Recreational cannabis processing organizations, recreational cannabis infuser organizations, and recreational cannabis transportation organizations shall be prohibited.

         (b)   Facility may not dispense or conduct any sales or distribution of cannabis other than as authorized by the Act.

         (c)   A cannabis cultivation or craft grower center may not be located within a residential dwelling unit and may not be located within 250 feet of a building used as a residential dwelling unit or within 500 feet of the property line of a pre-existing public or private day-care, nursery school, preschool,

or primary or secondary school. Distances shall be measured in a straight line, without regard to intervening structures or objects.

         (d)   All cultivation of cannabis for distribution to a registered dispensing organization must take place in an enclosed, locked building.

         (e)   A cultivation or craft grower center may not sell or distribute any cannabis to any individual or entity other than a registered dispensary organization.

      (5)   State licensing. Applicants seeking conditional use approval for a cannabis cultivation or craft grower center must submit a copy of their license application and all plans submitted to the State of Illinois, or any agency thereof, as part of their conditional use application. Before issuance of a certificate of occupancy, cannabis business establishments must provide a copy of their license to operate from the relevant state agency. If at such time, the applicant is unable to provide the village with their required license to operate said facility, the underlying conditional use approval shall be null and void.

      (10)   Product packaging. Cannabis shall be shipped in a sealed, tamper-evident medical cannabis container. Any additional packaging, such as bags or boxes, shall be opaque with no text or graphics identifying the contents of packages.

         (a)   A cannabis cultivation or craft grower center shall be an enclosed locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.

         (b)   The parking area, cultivation, production, warehousing areas and shipping bays and entrance shall be monitored by video surveillance equipment whose live images can be viewed by cultivation or craft grower center staff, and continually recorded and accessible to local law enforcement officials in a tamper proof format.

         (c)   A sign shall be posted in a prominent location which includes the following language: “This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons.”

         (d)   Each center shall report all criminal activities occurring on the property to the Lakemoor Police Department immediately upon discovery.

(Ord. 20-O-03, passed 3-3-2020)