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

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

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

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

The provisions of this chapter shall not be interpreted to be, or to grant, a consent, license, or permit to use any property or to establish, locate, construct, or maintain any structure or use, or to carry on any trade, industry, occupation, or activity.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

This chapter shall not be interpreted to validate or make lawful any unlawful use or structure existing upon the effective date of this chapter. Any such unlawful use or structure shall remain unlawful to the extent that said use or structure is in conflict with the provisions of this chapter.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

26-17-5.1.

Territorial application. This chapter shall apply to all land, structures, and uses within the corporate limits of the village.

26-17-5.2.

General application. All structures erected, all uses of land or structures established, all structural alterations or relocations of existing structures occurring, and all enlargements and extensions of, additions to, changes in, and relocations of existing uses occurring after the effective date of this chapter shall be subject to all regulations of this chapter applicable to the zoning districts in which such land, structures, or uses are located. Existing structures and uses that do not comply with the regulations of this chapter shall be subject to the provisions of chapter 26, article 14 relating to nonconformities.

26-17-5.3.

General prohibition.

(a)

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

(b)

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

26-17-5.4.

Special prohibition: multiple uses on same zoning lot. Except when authorized as part of:

(a)

A planned development approved pursuant to section 26-16-13; or

(b)

A special use permit granted for personal wireless services antennas, indoor or outdoor, with or without antenna support structures, and related electronic equipment and equipment structures pursuant to section 26-16-9;

no zoning lot zoned in any residential district in the village shall be used for more than one (1) principal use or one (1) principal structure.

26-17-5.5.

Exempt uses.

(a)

Utility lines. The following utility uses are exempt from the provisions of this chapter: poles, wires, cables, conduits, vaults, laterals, pipes, mains, and valves, but not including any pump house, metering station, substation or similar structure enclosing more than thirty (30) cubic feet of space above the surface of the ground, and also not including any personal wireless services antenna, indoor and outdoor, with or without antenna support structures, and related electronic equipment and equipment structures, for the distribution to consumers of telephone, cable television or other communications, electricity, gas or water, or for the collection of sewage or surface water. All such uses shall, however, comply with the subdivision and other applicable ordinances of the village.

(b)

Railroad right-of-way uses. All railroad rights-of-way, trackage, and passenger stations existing on the effective date of this chapter shall be exempt from its provisions. Any other railroad rights-of-way, facilities or uses, or any change of such existing facility, shall, however, be subject to all of the provisions of this chapter.

26-17-5.6.

Other agreements. This chapter is not intended to abrogate, annul, or otherwise interfere with any platted building line, easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such platted building lines, easements, covenants, or other private agreements or legal relationships, the regulations of this chapter shall govern, except as expressly provided otherwise in subsection 26-17-6.1(b). Whenever any applicant or owner, as a condition to obtaining any development approval, has been contractually obligated, in an annexation agreement, consent agreement or other binding instrument, whether made and entered into before or after the effective date of this chapter, to abide by terms, conditions, standards, or requirements that are more restrictive or in addition to those required by the regulations of this chapter, nothing in this chapter is intended, nor shall it be construed, to abrogate, annul, waive, discharge, limit, impair, modify, change, release, or otherwise affect the village's right to enforce such terms, conditions, standards and requirements; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such contractual obligations, the regulations of this chapter shall govern to the full extent permitted by law except as expressly provided otherwise in subsection 26-17-6.1(b).

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

26-17-6.1.

Existing variations, special uses, planned developments, and development plan approvals. Any variation or special use permit, planned development or development plan approval lawfully issued prior to the effective date of this chapter shall be deemed to be and continue valid after such effective date; provided, however, that any such approval of a tentative development plan for a Planned Business Center District issued pursuant to the provisions of subsection 26-175(b)(3) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived; any such approval of a general development plan for a Planned Industrial District issued pursuant to the provisions of subsection 26-194(j) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived; and any such approval of a general development plan for a Planned Development issued pursuant to the provisions of subsection 26-212(g)(6) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived:

(a)

If the property in question is located in a zoning district in which planned developments may be approved and is included within a planned business center district tentative development plan approved pursuant to the provisions of subsection 26-175(b)(3) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived from within a planned development general development plan approved pursuant to the provisions of subsection 26-212(g)(6) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived, (i) shall be deemed to be an approval of a development concept plan pursuant to subsection 26-16-13.4(a); (ii) shall not excuse the applicant from obtaining approval of a Final Plan pursuant to the provisions of subsection 26-16-13.4(c); and (iii) shall not be deemed to authorize any development, use or structure that is not permitted pursuant to the applicable provisions of this chapter; or

(b)

If the property in question is located in a zoning district in which planned developments may be approved and is included within a planned industrial district general development plan approved pursuant to the provisions of subsection 26-194(j) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived, (i) shall be deemed to be an approval of a development concept plan pursuant to subsection 26-16-13.4(a); (ii) shall be deemed to be an approval of a final plan pursuant to subsection 26-16-13.4(c) except to the extent that the regulations of this chapter are more restrictive or impose higher standards or requirements than the approved general development plan, in which case the general development plan approval shall be deemed to be amended to be conditioned upon, and to require, compliance with such more restrictive regulations and higher standards and requirements, and, as so amended, an approval of a final plan pursuant to subsection 26-16-13.4(c); provided, however, that if the ordinance approving the general development plan expressly states, by specific reference to subsection 26-194(k)(4) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived, that a particular regulation, standard or requirement of the general development plan approval shall continue in full force and effect notwithstanding any subsequent amendment to the corresponding regulation, standard or requirement in chapter 26 of this Code that is more restrictive or higher, then, with respect to that particular regulation, standard or requirement, and no others, the general development plan approval shall not be deemed to be amended to be conditioned upon, and to require, compliance with the more restrictive regulation or higher standard or requirement of this chapter but, rather, such less restrictive regulation or lower standard or requirement of the general development plan approval shall be deemed to be an authorized variation granted pursuant to the provisions of subsection 26-16-13.7 in connection with the granting of planned development approvals, and, as so authorized, shall be valid as such and shall continue in full force and effect; and (iii) shall not be deemed to authorize any development, use or structure that is not permitted pursuant to the general development plan as so approved and amended, notwithstanding the fact that the regulations of this chapter are less restrictive or impose lower standards or requirements; or

(c)

If the property in question is located in a zoning district in which planned developments may not be approved, be deemed to be null, void, and of no further force or effect.

26-17-6.2.

Existing Uses And Structures Newly Requiring Special Use Permit. The owners of any use or structure lawfully existing on the effective date of this chapter that did not, prior to such effective date, require a special use permit but which, after such effective date, does require a special use permit, may continue such use or maintain such structure by securing therefor a special use permit pursuant to the standards and procedures of section 26-16-9. Unless and until such a permit is so secured, such use shall be subject to the provisions of chapter 26, article 14 dealing with nonconformities. Any change in such use or structure shall be subject to all of the provisions of this chapter.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

26-17-7.1.

New code shall apply. Except as provided in section 26-17-7, no zoning certificate of compliance shall be issued following the effective date of this chapter unless the work, structure or use for which the zoning certificate of compliance is sought is made to comply fully with the applicable provisions of this chapter.

26-17-7.2.

Right to complete construction pursuant to approved plans. Nothing in this chapter shall be deemed to require any change in the plans, construction, or designated use of any uncompleted structure if:

(a)

A building permit for all work related to such designated use or such structure was lawfully and properly issued prior to the effective date of this chapter, such permit had not by its own terms expired prior to such effective date, and construction pursuant to such permit was or is commenced prior to the expiration of such permit and is thereafter diligently prosecuted to completion; or

(b)

A building permit application, the scope of which encompasses all of the work necessary to fully establish such designated use or such structure in compliance with all applicable codes, was on file with the village building department and complete in all material respects, including without limitation compliance with all submission requirements, disclosure requirements, and signature requirements and accompanied by the proper fee, prior to the effective date of this chapter and, after issuance of a building permit pursuant to such application, construction pursuant to such permit is commenced prior to the expiration of such permit and is thereafter diligently prosecuted to completion.

26-17-7.3.

Right to occupy as nonconformity. Upon completion pursuant to subsection 26-17-7.2 such structure may be occupied by, and a zoning certificate of compliance shall be issued for, the use designated on such permit, subject thereafter, to the extent applicable, to the provisions of chapter 26, article 14 relating to nonconformities.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

26-17-8.1.

New code shall apply. Except as specifically provided otherwise in subsection 26-17-7 and in subsection 26-17-8.5 related to application, hearing, and procedural requirements, this chapter shall apply to all applications pending and not yet finally decided on the effective date of this chapter to which this chapter would apply if the application had been filed after such effective date; provided, however, that any such application for a tentative development plan for a planned business center district to be issued pursuant to the provisions of subsection 26-175(b)(1) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived; a general development plan for a planned industrial district to be issued pursuant to the provisions of subsection 26-194(j) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived; or a general development plan for a planned development to be issued pursuant to the provisions of subsection 26-212(g)(3) of this Code as it existed prior to the effective date of the ordinance from which this chapter is derived shall:

(a)

If the property in question is located in a zoning district in which planned developments may be approved pursuant to this chapter, be deemed to be an application for approval of a development concept plan pursuant to subsection 26-16-13.4(a), shall not excuse the applicant from obtaining approval of a final plan pursuant to the provisions of subsection 26-16-13.4(d), and shall not be deemed to authorize any development, use or structure that is not permitted or specially permitted pursuant to the applicable provisions of this chapter; or

(b)

If the property in question is located in a zoning district in which planned developments may not be approved, be deemed to be null, void and of no further force or effect.

26-17-8.2.

Duty of village officials. Within twenty (20) days after the effective date of this chapter, any village official, department, board or commission then having pending before it any application to which this chapter applies pursuant to subsection 26-17-8.1, shall transmit a copy of such application to the village administrator.

26-17-8.3.

Duty of village administrator. Within thirty (30) days after the effective date of this chapter, the village administrator shall inform each applicant named on each application referred to him or her pursuant to section 26-17-8.2, that said application is subject to the provisions of this chapter and will be processed in accordance therewith; that the applicant may, within thirty (30) days after the mailing of such notice, re-file its application on the basis of this chapter without additional fee; and that, if the applicant does not so re-file, then its application may be denied for noncompliance with the provisions of this chapter.

26-17-8.4.

Duty of applicant. Notwithstanding the provisions of subsections 26-17-8.2 and 26-17-8.3, it shall be the responsibility of each applicant having an application pending on the effective date of this chapter to modify such application in accordance with the terms and provisions of this chapter and the failure to do so, whether or not the procedures of said sections have been followed, may result in denial of such application for failure to comply with this chapter. Any modification or re-filing of an application pending on such effective date in order to comply with the provisions of this chapter shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee.

26-17-8.5.

Processing of pending applications. Upon the re-filing of any pending application as herein provided, or upon notification from the applicant that it will not re-file or modify its application, or upon the expiration of sixty (60) days after the effective date of this chapter, whichever occurs first, such pending application shall be processed in accordance with the terms of this chapter; provided, however, that the application requirements, hearing requirements, and procedural requirements set forth in chapter 26, article 16, parts A and B and sections 26-16-9 and 26-16-13, shall not apply to any such pending application and each such application shall be processed in accordance with the application, hearing, and procedural requirements that were in effect on the date such application was filed. Notwithstanding any other provision of this section, the village administrator shall have the authority to request additional data, information or documentation for any pending application when, in his or her judgment, such additional data, information or documentation is necessary or appropriate to a full and proper consideration and disposition of such pending application.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

The Libertyville Zoning Ordinance, adopted as chapter 26 of the Municipal Code ("Zoning Ordinance") by Ordinance No. 95-O-08 on February 28, 1995, and as amended from time to time thereafter prior to the adoption of this Ordinance No. 13-O-05 providing for the comprehensive revision of said Ordinance No. 95-O-08 by the adoption of this chapter, shall be, and it is hereby, repealed in its entirety, except as otherwise provided, and only to the limited extent provided, in Ordinance No. 13-O-05.

Except as expressly provided in this chapter, no such repeal shall affect or impair any offense committed, or any liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

26-17-10.1.

Intent as to severability. The several provisions of this chapter shall be severable in accordance with the following rules:

(a)

Provisions declared invalid. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter.

(b)

Applications declared invalid. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter as to only a particular parcel of land, a particular structure, or a particular use, then such judgment shall not affect the application of said provision to any other land, structure, or use.

26-17-10.2.

Applicable regulations following declaration of invalidity. Whenever the provisions of this chapter are declared invalid in their application to any particular parcel of land, the zoning map provided for in section 26-3-6 shall continue to show such parcel in the zoning district applicable to it pursuant to this chapter unless and until such district is changed by an amendment adopted by the board of trustees pursuant to chapter 26, article 16, part F; provided, however, that the parcel in question shall also be marked with a star or other distinctive marking to direct attention to the court decree affecting said parcel. The village administrator shall maintain a file of any such decrees. The provisions of any such decree shall be deemed to modify the otherwise applicable provisions of this chapter as they apply to said parcel to the extent provided in said decree but said parcel shall otherwise remain subject to the provisions of this chapter.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

This chapter shall take effect immediately upon, and its effective date shall be the date of, its passage by a vote of two-thirds (⅔) of the corporate authorities then holding office and its approval by the village president, the corporate authorities hereby finding that the immediate implementation of this chapter is a matter of urgency. The village administrator is hereby authorized and directed to publish this chapter in pamphlet form and to publish an appropriate notice of its adoption and availability in a newspaper published in the village. If this chapter is passed by a vote of less than two-thirds (⅔) of the corporate authorities then holding office, then its effective date shall be ten (10) days after such publication in pamphlet form, as provided by law. The effective date of each amendment to this chapter shall be as provided in the ordinance adopting such amendment or, in the absence of such provision in any such ordinance, as provided in this section for the effective date of this chapter. When any such amendment creates any new nonconformity, references in this chapter to the "effective date of this chapter" shall, for purposes of determining the legality of such new nonconformity, be deemed to refer to the effective date of such amendment.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

26-17-12.1.

General enforcement authority and duty. Upon finding the existence of any violation of this chapter, the village administrator shall have the authority and duty to take, or to direct, all actions necessary or appropriate to punish and abate such violation.

26-17-12.2.

Civil and administrative enforcement.

(a)

Stop and cease-and-desist orders. Upon finding the existence of any violation of this chapter, the village administrator shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; specifically, the village administrator shall order the discontinuance of any illegal use of land or structures, the removal of illegal structures, additions, or alterations, and the discontinuance of illegal work being done.

(b)

Legal actions. In the enforcement of this chapter, the village administrator shall exercise all the powers authorized by the statutes of the State of Illinois and village codes and ordinances to ensure compliance with, or to prevent or abate any violation of, the provisions of this chapter, and in particular shall, when necessary or appropriate, institute or cause to be instituted by the village attorney in the name of the village any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this chapter.

(c)

Abatement, liens. When authorized by state statute, or by any agreement, declaration or covenant, the village administrator may order any work necessary to abate any violation of this chapter and shall assess the cost of such work to the property owner. Upon the failure of the owner to pay such cost, the village administrator shall file a lien for such costs and for all costs of collection against the property in question.

(d)

Revocation of permits. The violation of any provision of this chapter, or of any permit or approval granted pursuant to this chapter, or of any condition imposed pursuant to this chapter or any such permit or approval shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this chapter and affecting the property involved in the violation. The village administrator may recommend and the board of trustees may order such revocation; provided, however, that where the original rezoning, permit, variation, or approval was granted following a public hearing required pursuant to this chapter, the revocation shall be preceded by a similar public hearing.

(e)

Fines. In the enforcement of this chapter, the village administrator shall, when necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this chapter as authorized by state law, this Code, and this chapter.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

Any person who shall violate, disobey, omit, neglect, or refuse to comply with, or who shall resist enforcement of, any provision of this chapter shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. Each day a violation continues to exist shall constitute a separate offense.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

Nothing in this part C shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this chapter from bringing an appropriate action to secure such relief.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

Whenever any commission or committee appointed by the board of trustees has been requested to consider and is engaged in the process of considering amendments to the Zoning Code of the Village of Libertyville and the board of trustees determines that during the period of time that such commission or committee is considering such proposed amendments, changes which are inconsistent with the proposed zoning amendments would occur if building permits, zoning certificates of compliance, variations or special use permits are granted, the village board may, upon the passage of an ordinance approved by the affirmative vote of not less than two-thirds (⅔) of the trustees then holding office, declare a moratorium upon the issuance of such building permits, zoning certificates of compliance, variations or special use permits within the affected zoning district. Unless otherwise extended by amendment to the ordinance enacting the moratorium, such moratorium shall expire, upon the happening of the earliest to occur of the following: 1) the proposed amendments are enacted pursuant to chapter 26, article 17; 2) final action by the board of trustees is taken to deny the proposed amendments to the zoning code; 3) a period of six (6) months elapses from the enactment of the ordinance approving of the moratorium.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)