26-3-1.1.

Authority. The plan commission shall have authority to prepare and recommend to the board of trustees a comprehensive plan of the village and the unincorporated areas surrounding the village and from time to time to prepare and recommend amendments thereto, any or all of which the board of trustees may adopt as the "official comprehensive plan of the Village of Libertyville," all in accordance with the procedures set out in this article.

26-3-1.2.

Definition. The "official comprehensive plan" shall be defined as a compilation of policy statements; goals; standards; maps; recommended planning, regulatory, fiscal, and public works programs; pertinent data relative to the past, present, and future trends of the village with respect to its population, housing, economic, social, and environmental development patterns and its land, water, and natural resources and use and its transportation facilities, public facilities, and utilities; and any other matter relative to the present and future patterns of life within the village or within the unincorporated areas lying within one and one-half (1½) miles of its boundaries as they may from time to time exist, prepared and recommended by the plan commission with the advice and assistance of the village administrator and adopted by the board of trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time. The term "official comprehensive plan" also shall refer to any internally consistent and complete portion of such a compilation relating to any one (1) or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area. As of the effective date of the ordinance from which this chapter is derived, the term "official comprehensive plan" shall be understood to include, without limitation, the following documents:

(a)

This Code.

(b)

The Village of Libertyville Official Comprehensive Plan (adopted May 25, 2005).

(c)

The official map of the Village of Libertyville.

(d)

The Libertyville Building Code.

(e)

The Libertyville Subdivision Code.

26-3-1.3.

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

26-3-1.4.

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

26-3-1.5.

Procedures.

(a)

Plan development. The plan commission, with the assistance of the village administrator, shall exercise the powers and duties delegated to it by section 26-15-2 in the continuing development and revision of the official comprehensive plan. The process of plan development is necessarily an informal one (1) not readily adaptable to rigid procedures, but the plan commission and the village administrator, in developing a plan, shall make all reasonable efforts to obtain the views, comments, and criticisms of interested persons. In addition, the plan commission, prior to making any recommendation for the adoption or amendment of a plan or part thereof to the board of trustees, shall set, notice, and conduct a public hearing thereon in accordance with the provisions of section 26-16-3.

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

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

(b)

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

(c)

Plan amendment. The official comprehensive plan, or any part thereof, may be amended at any time in accordance with the provisions of this subsection 26-3-1.5(c) Such an amendment may be initiated by the board of trustees, the plan commission, the village administrator, or by any owner of property affected by the provisions of such plan sought to be amended. Amendments initiated by the board of trustees, the plan commission, or the village administrator shall require no formal application and shall be processed as provided in this subsection 26-3-1.5. Amendments initiated by the owner of affected property shall be initiated by an application filed pursuant to section 26-16-1, except that the time limits specified in subsection 26-3-1.5 shall apply.

(d)

Plan filing and notice of adoption. The ordinance adopting the official comprehensive plan, or any part thereof, shall provide that the village administrator shall cause a certified copy thereof to be placed on file in the office of the village clerk and shall cause a notice evidencing the adoption of such plan, or part thereof, to be filed with the Lake County Recorder of Deeds.

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

26-3-2.1.

Authority. The plan commission shall have authority to prepare and to recommend to the board of trustees an official map of the village and the unincorporated areas surrounding the village and from time to time to prepare and recommend amendments thereto, all of which the board of trustees may adopt as the "official map of the Village of Libertyville."

26-3-2.2.

Definition. The "official map" shall be defined as a compilation of maps, standards, and specifications of and for existing and proposed rights-of-way, streets, alleys, utility easements, public grounds, and public utility systems within the village or within the unincorporated area lying within one and one-half (1½) miles of its boundaries as they may from time to time exist, prepared and recommended by the plan commission with the advice and assistance of the village administrator, and adopted by the board of trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time. The term "official map" also shall refer to any internally consistent and complete portion of such a compilation relating to any one (1) or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area.

The official map referred to in this section is the map authorized by sections 11-12-6 et seq. of the Illinois Municipal Code, as amended, 65 ILCS 5/11-12-6 et seq.

26-3-2.3.

Purpose. The official map is adopted to implement the official comprehensive plan, to assure the adequacy of the public facilities to which it relates, and to secure for the village the authority and benefits provided by state law in connection with such an official map.

26-3-2.4.

Effect. The official map shall have the effect accorded to it by section 11-12-8 et seq. of the Illinois Municipal Code, as amended, 65 ILCS 5/11-12-8 et seq., and also shall have the effect accorded to the official comprehensive plan by section 26-3-1.4.

26-3-2.5.

Procedures. The procedures for the development, adoption, amendment, and filing of the official map shall be the same as those provided in section 26-3-1.5, with respect to the official comprehensive plan.

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

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

(a)

Residential districts (article 4):

R-1  Single-Family Residential District.

R-2  Single-Family Residential District.

R-3  Single-Family Residential District.

R-4  Single-Family Residential District.

R-5  Single-Family Residential District.

R-6  Single-Family Residential District.

R-7  Single-family Attached Residential District.

R-8  Multiple-family Residential District.

(b)

Commercial districts (article 5):

C-1  Downtown Core Commercial District.

C-2  Downtown Community Commercial District.

C-3  General Commercial District.

C-4  Shopping Center Commercial District.

C-5  Vehicle Dealer Commercial District.

(c)

Office districts (article 6):

O-1  Professional Services Office District.

O-2  Office, Manufacturing and Distribution Park District.

(d)

Industrial districts (article 7):

I-1  Limited Industrial District.

I-2  East Downtown Transitional District.

I-3  General Industrial District.

(e)

Special districts (article 8):

OS  Open Space District.

IB  Institutional Buildings District.

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

26-3-4.1.

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

26-3-4.2.

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

(a)

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

(b)

The residential districts shall be deemed to be more restrictive than any nonresidential district, except the Open Space District.

(c)

The R-1 District shall be deemed to be the most restrictive Residential District and the R-8 District shall be deemed to be the least restrictive residential district, and the residential districts shall be deemed to become less restrictive as the district number increases.

(d)

The commercial, office, industrial and institutional buildings districts shall be deemed to be equally restrictive.

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

26-3-5.1.

Annexation of land. All land annexed to the village after the effective date of the ordinance from which this chapter is derived shall be classified automatically upon such annexation in the R-1 Single-Family Residential District. The owner of any land proposed to be annexed to the village shall file, with the petition for annexation, an application for a certificate of zoning compliance pursuant to section 26-16-1. In the case of an involuntary annexation, the village administrator shall complete the required application.

26-3-5.2.

Application for different classification. When any land is classified pursuant to this section 26-3-5, it shall remain so classified unless and until an application to amend such classification is filed pursuant to section 26-16-1, and granted pursuant to chapter 26, article 16, part F. Such application may be filed prior to or contemporaneously with the annexation of the land in question.

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

26-3-6.1.

Map incorporated. The location and boundaries of the zoning districts established by this chapter are as shown on a map entitled "Zoning Map of the Village of Libertyville, Illinois," hereafter referred to as the zoning map, which is by this reference incorporated as part of this chapter. All notations, references, and other information shown on the zoning map, and all amendments thereto, shall be as much a part of this chapter as if specifically set forth and literally described herein.

26-3-6.2.

Omitted land. It is the intent of this chapter that the entire area of the village, including all land and water areas, shall be included in the districts established by this chapter. Any area lying within the village but not shown on the zoning Map as being included in such a district shall be deemed to be, and it is hereby, classified in the R-1 Single-Family Residential District.

26-3-6.3.

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

(a)

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

(b)

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

(c)

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

26-3-6.4.

Maintenance and availability of official zoning map. The official copy of the zoning map shall be maintained by the village administrator and shall be available for public inspection during village business hours at the village hall. Any amendment to zoning district boundaries or any change in any other information shown on the zoning map made by amendment to this chapter shall be indicated on the official copy of the zoning map.

26-3-6.5.

Mapping of parcels affected by court decrees. Parcels of land affected by court decrees shall be shown on the zoning map in accordance with the provisions of subsection 26-17-10.2.

26-3-6.6.

Availability of zoning map. A revised, up-to-date copy of the official zoning map, certified as to being inclusive of all amendments and drawn to a convenient scale, shall be published at least once annually and made available for sale at the village hall.

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