(A)   General Powers: The Zoning Administrator is charged with the administration and enforcement of this chapter. In addition to the jurisdiction, authority, and duties conferred on the Zoning Administrator by other provisions of State Statutes and Village codes and ordinances, the Zoning Administrator has all powers necessary for the administration and enforcement and has, in particular, the jurisdiction, authority, and duties set out in this chapter. The Zoning Administrator will be designated by the Village Administrator. In the event a Zoning Administrator is not designated by the Village Administrator, or in the event of a vacancy in this position, the Village Administrator will act as Zoning Administrator. Whenever the phrase "Zoning Administrator" is used in this chapter, it will be deemed to include Zoning Administrator or his or her designee.

   (B)   Rules; Regulations; Application Forms: Consistent with the express standards, purposes, and intent of this chapter, the Zoning Administrator is authorized to promulgate, adopt, and issue procedural rules, regulations, and forms that are in the Zoning Administrator's opinion necessary to the effective administration and enforcement of the provisions of this chapter.

   (C)   Records: The Zoning Administrator will maintain:

      (1)   Permanent and current records pertaining to this chapter, including all maps, amendments, special use permits, variations, and planned unit development approvals and denials, interpretations, and decisions rendered by the Zoning Board of Appeals, the Plan Commission, the Village Attorney, and the Zoning Administrator, together with relevant background files and materials.

      (2)   A current file of all notices of violations, discontinuances, terminations, or removals, issued by or entrusted to the Zoning Administrator's Office for such time as necessary to ensure continuous compliance with the provisions of this chapter.

   (D)   Applications; Receipt, Processing, Referral To Interested Parties And Agencies: The Zoning Administrator will receive all applications required to be filed pursuant to this chapter. Upon receipt of any application, the Zoning Administrator will see to its expeditious processing, including its prompt referral to and retrieval from each official, board, or commission of the Village, or other government, with any interest or duty with respect to the application.

   (E)   Interpretations: Pursuant to § 159-2.310 of this part, the Zoning Administrator has the authority to issue a written interpretation of the meaning and applicability of specific provisions of this chapter. Any interpretation of this chapter will be kept on file with the Zoning Administrator and will be a public record of the Village open to inspection by interested parties at reasonable times and upon reasonable notice.

   (F)   Extensions Of Time: Upon written request, the Zoning Administrator may, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an owner or applicant by this chapter or, unless the ordinance or resolution expressly provides otherwise, by any ordinance or resolution of any body acting pursuant to this chapter. The total period of time granted by an extension or extensions will not exceed the length of the original period.

   (G)   Inspection And Enforcement: In furtherance of the enforcement of this chapter, the Zoning Administrator will undertake regular and continuing programs of inspection of work and of existing structures and uses as are feasible and proper within the limits of staff and budgeted funds; will undertake such additional inspections as may be necessary to the performance of his or her duties; will receive from any person complaints alleging a violation of this chapter; and when appropriate will cause investigations and inspections as may be warranted by complaints to be made. Upon finding the existence of any violation of this chapter, the Zoning Administrator will take or direct all actions necessary and appropriate to abate and redress the violation, including revoking any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use which is in violation of the provisions of this chapter, or with authorization of the Village Board, commence any legal proceedings necessary to enforce the provisions of this chapter including the collection of forfeitures provided for by this chapter.

   (H)   Reports: The Zoning Administrator, as may from time to time be appropriate, will prepare and submit a report to the Board of Trustees, the Zoning Board of Appeals, and the Plan Commission concerning the administration of the land use and development regulations of the Village, setting forth information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations, and setting forth the Zoning Administrator's recommendations for the improvement of such regulations and their administration.

   (I)   Site Plan Review: The Zoning Administrator will receive and review all site plans as required by this chapter.

   (J)   Administrative Policies For Applications: The Zoning Administrator is authorized and directed to prepare and implement administrative policies pertaining to applications for zoning, subdivision, and other relief as provided by this chapter, including without limitation the required form, number, scale, data submittals, and filing deadlines.

   (K)   Other Duties: The Zoning Administrator will perform such other duties as may be assigned by the Village Administrator.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Establishment: See §§ 32.25 through 32.30 of this Code. Pursuant to § 32.25 of this Code, members of the Plan Commission also serve as members of the Zoning Board of Appeals.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Establishment: There is hereby established a Zoning Board of Appeals for the purpose of hearing appeals and applications, and granting variations and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.

   (B)   Membership: The Zoning Board of Appeals will consist of 7 members appointed by the Village President and confirmed by the Village Board. Pursuant to § 32.40 of this Code, members of the Zoning Board of Appeals also serve as members of the Plan Commission.

      (1)   Each member will serve for a term of 5 years. Members may be removed by the Village President for cause after written charges have been filed and after a public hearing has been held if demanded by the member so charged.

      (2)   1 of the members of the Zoning Board of Appeals will be designated by the Village President with the consent of the Village Board, as Chairman of the Zoning Board of Appeals and will hold that position until a successor is appointed. The Chairman, or in his or her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.

      (3)   The Zoning Board of Appeals will select 1 member as Secretary to keep minutes and maintain the records of the Zoning Board of Appeals.

      (4)   Vacancies shall be filled by the Village President, subject to confirmation by the Village Board, for the unexpired term.

   (C)   Organization: The Zoning Board of Appeals will organize and adopt rules for its own government in accordance with the provisions of this section.

      (1)   All meetings of the Zoning Board of Appeals will be held at the call of the Chairman and at such other times as the Zoning Board of Appeals may determine. All meetings of the Zoning Board of Appeals shall be open to the public and otherwise comply with the Illinois Open Meetings Act.

      (2)   The Zoning Board of Appeals must keep minutes of its proceedings, showing the vote of each member upon every action item. The minutes of the Zoning Board of Appeals shall be open to public examination at reasonable hours.

      (3)   The Zoning Board of Appeals may adopt its own rules of procedure, a copy of which shall be filed in the Office of the Village Clerk.

   (D)   Jurisdiction And Authority: The Zoning Board of Appeals has the following jurisdiction and authority.

      (1)   Subject to the provisions of § 159-2.311 of this part, to hear and decide appeals from, and to review orders, decisions, or determinations made by the Zoning Administrator.

      (2)   Subject to the provisions and standards of § 159-2.309 of this part, to hear, review, and offer its recommendations to the Board of Trustees on applications for variations.

      (3)   To hear and decide all matters referred to it or upon which it is required to pass under this chapter.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Establishment: The Plan Commission is hereby established as the Architectural Review Board for the purpose of promoting compatible development, aesthetics, stability, or property values, and to prevent impairment or depreciation of existing developments.

   (B)   Membership: The Architectural Review Board will consist of the members of the Plan Commission. The Chairman of the Plan Commission will serve as the Chairman of the Architectural Review Board.

   (C)   Organization: The Architectural Review Board will organize and adopt rules for its own government in accordance with the provisions of this section.

      (1)   Meetings will be held twice a month or at the call of the Chairman or when requested by the Zoning Administrator, and will be open to the public.

      (2)   Minutes must be kept showing all actions taken and will be a public record. The grounds for every decision will be stated.

      (3)   A quorum of the Architectural Review Board is 4 members.

   (D)   Jurisdiction And Authority: The Architectural Review Board has the following powers:

      (1)   Review applications and make recommendations for Village Board consideration for granting permission to erect, move, reconstruct, extend, alter, or change the exterior of all structures subject to the requirements of § 159-2.310 of this part.

      (2)   The Architectural Review Board may request assistance from other Municipal officers, departments, boards, and commissions.

      (3)   The Architectural Review Board may request an applicant to furnish additional information.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Place Of Filing: All applications filed pursuant to this chapter must be filed with the Zoning Administrator or with such other Village official or body as the Zoning Administrator may designate.

   (B)   Compliance With Administrative Application Policy: All applications filed pursuant to this chapter must comply with the administrative application policy established by the Zoning Administrator pursuant to division 159-2.101(J) of this part, including the required form, number, scale, data submittals, and filing deadlines contained in that policy and in the section of this chapter pertaining to the specific relief being requested.

   (C)   Fees:

      (1)   Application Fee. Every application filed pursuant to this chapter must be accompanied by a non-refundable filing fee in the amount set forth in the fee schedule on file with the Village before being entitled to any approvals or permits.

      (2)   Reimbursement Of Village Costs. Where the nature of the application requires the Village to publish or mail legal notices or to employ the services of planners, engineers, attorneys, or other consultants for the purposes of reviewing the application or plans in connection with it or development pursuant to it, the applicant will be responsible for reimbursing the Village for these recoverable costs and to submit a deposit of an escrow for the Village to draw on to pay the recoverable costs, in accordance with the provisions set forth in § 10.22 of this Code. These recoverable costs include, without limitation, legal publications; recording secretarial services; court reporter; document preparation and review; professional and technical consultant service; legal review, consultation, and advice; copy reproduction; document recordation; and inspection fees.

      (3)   Liability; Lien. The owner of the lot which is the subject of the application, and if different, the applicant, are jointly and severally liable for the payment of all application fees and reimbursement costs. By signing the application, the owner is deemed to have agreed to pay such fees and costs and to consent to the filing and foreclosure of a lien on the lot to insure collection of any such fees and costs, plus the costs of collection, which have not been paid within 30 days following the mailing of a written demand for such payment to the owner at the address shown on the application. Any lien filed pursuant to this section may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.

      (4)   Condition Of Approvals And Permits. No application will be considered complete unless and until all fees and costs pursuant to this section have been paid. Every approval granted and every permit issued pursuant to this chapter, whether or not expressly so conditioned, will be deemed to be conditioned upon payment of fees and costs as required by this section.

      (5)   Failure To Pay. The failure to fully pay any such fee or cost when due will be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or cost relates.

   (D)   Special Data Requests: In addition to the data and information required by the administrative application policy and the section of this chapter pertaining to the specific relief being requested, every owner must submit such other and additional data, information, or documentation as the Zoning Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

   (E)   Waiver Of Application Requirements: Notwithstanding any other provision of this section, the Zoning Administrator has the authority to waive any requirement set forth in the administrative application policy when, in the Zoning Administrator's judgment, the waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome.

   (F)   Concurrent Applications: When a proposed use or development requires more than 1 approval pursuant to this chapter, applications for all approvals may be filed concurrently notwithstanding the fact that approval of 1 application may be a pre-condition to approval of other applications. These applications may, in the discretion of the Zoning Administrator, be processed together; provided, however, that no application may be approved unless all applications that are a pre-condition to its approval have first been approved.

   (G)   Withdrawal Of Application: An owner may withdraw an application at any time prior to a final decision having been rendered by the Village Board, provided that the owner shall have paid all applicable fees pursuant to this chapter. The withdrawal will be without prejudice to the owner's right to refile such application, but any refiling shall be treated as an entirely new filing and will be subject to the procedures and fees of this chapter in the same manner as any other new application.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Zoning Administrator To Give Notice: The Zoning Administrator will cause notice to be given of public hearings and public meetings in the form and manner and to the persons specified in this chapter.

   (B)   Content Of Notice: All notices will include the date, time, and place of the hearing or meeting, a description of the matter to be heard or considered, and either: 1) the address and parcel identification number (PIN) of the lot or 2) a legal description of the lot.

   (C)   Persons Entitled To Notice:

      (1)   All Hearings And Meetings. Notice of every hearing or meeting required by this chapter will be provided in accordance with the Illinois Open Meetings Act.

      (2)   Published Notice. Notice of every hearing in connection with any application for an amendment to this chapter or the zoning map, a special use permit, planned unit development, appeal, or a variation will be given by publication in a newspaper with a general circulation within the Village at least once not less than 15 days nor more than 30 days in advance of the hearing date. Notice of a hearing in connection with the adoption or amendment of the Official Comprehensive Plan will be given by publication in a newspaper of general circulation in the Village at least 15 days before the hearing date.

      (3)   Personal Notice. If required by the Zoning Administrator, in addition to other notices required by this section, an applicant requesting relief that requires a public hearing must mail notice of the hearing not less than 10 days in advance of the hearing date to owners of property within 250 feet of the subject property. The content of the personal notice must be approved by the Zoning Administrator. If applicable, evidence of satisfaction of this notice requirement must be provided to the Zoning Administrator at or before the hearing on the application.

      (4)   Posted Notice. If required by the Zoning Administrator, in addition to other notices required by this section, an applicant requesting relief that requires a public hearing must also post notice on the subject property not less than 10 days in advance of the hearing date. The content of the sign must be approved by the Zoning Administrator. The sign must be installed by the applicant and suitably maintained until the public hearing has closed. The sign must be removed no more than 10 days after the closure of the public hearing.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Setting Hearing Or Meeting: When the provisions of this chapter require a public hearing or public meeting in connection with any application filed pursuant to this chapter, upon receipt of a properly completed application, the Zoning Administrator will schedule a reasonable date, time, and place for the hearing or meeting.

   (B)   Conduct Of Hearings:

      (1)   Rights Of All Persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial, or unduly repetitious evidence.

      (2)   Rights Of Parties And Proximate Owners. Subject to the rules adopted by the hearing body, the owner, any board, commission, or official of the Village, and any owner of lots within 250 feet of the subject lot may be allowed, in addition to the rights granted by division (B)(1) of this section, any or all of the following rights.

         (a)   To present witnesses on their behalf.

         (b)   To cross-examine all witnesses testifying in opposition to their position.

         (c)   To examine and reproduce any documents produced at the hearing.

         (d)   To have subpoenas issued by the body in charge of the hearing as may be provided by State law for persons to appear at the hearings and for examination of documents by the person requesting the subpoena either before or during the hearing, where such persons or documents are shown to have a substantial evidentiary connection with:

            1.   The lot to which the request applies; or

            2.   Facts that would support or negate the legal standards for granting the request.

         (e)   To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person.

      In determining whether to grant a request by an interested party, the discretion of the hearing body will be governed by the goal of securing all information and opinion relevant and material to its deliberations. A request may not be granted, however, when undue and unwarranted delay would result, or when to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.

      (3)   Adjournment Of Hearing. The body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the hearing body may find to be sufficient. The hearing body will notify members of the hearing body and the owner and owners, of the date, time, and place of the adjourned hearing.

      (4)   Testimony To Be Sworn. All testimony at any hearing held pursuant to the provisions of this chapter should be given under oath.

      (5)   Right To Submit Written Statements. Any person may at any time prior to the commencement of a hearing, or during the hearing, or within such time as may be allowed by the hearing body following the hearing, submit written statements in support of or in opposition to the application being heard.

   (C)   Order Of Procedure At A Public Hearing: Public hearings conducted under this chapter will generally follow the following format:

      (1)   Introduction of the matter by the Chair of the hearing body.

      (2)   Village staff summary of the application.

      (3)   Presentation by the applicant.

      (4)   Public testimony and comment.

      (5)   Cross-examination, if requested.

      (6)   Response by applicant.

      (7)   Questions by the hearing body members.

      (8)   Close public hearing (alternatively, the public hearing can remain open and will automatically close upon a vote on the zoning application).

      (9)   Discussion and deliberation by the hearing body.

      (10)   Action on the application by the hearing body (continuance or vote).

   (D)   Examination And Copying Of Application And Other Documents: At any time following the giving of notice as required by this chapter, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois Freedom of Information Act, all other documents on file with the Zoning Administrator pertaining to the matter subject to such notice. In addition, any person will be entitled to copies of such application and documents upon reasonable request and payment of a fee as established in the Village's Freedom of Information Act policy.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The Plan Commission has the 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 Lindenhurst", all in accordance with the procedures set forth in this chapter and subject to the standards set forth in this section.

   (B)   Purpose: The Official Comprehensive Plan is 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.

   (C)   Procedures:

      (1)   Referral. The Board of Trustees may, at any time, refer a proposed Comprehensive Plan to the Plan Commission for consideration and recommendation.

      (2)   Public Hearing. A public hearing will be set, noticed, and conducted by the Plan Commission in accordance with §§ 159-2.202 and 159-2.203 of this part.

      (3)   Action By Plan Commission. The Plan Commission will return its recommendation on the proposed Comprehensive Plan to the Board of Trustees not later than 90 days following the receipt of the referral. In the event a recommendation is not delivered, the Board of Trustees may proceed to consider the plan without a recommendation. When satisfied that a plan or a part thereof is adequate for adoption as an amendment of the Official Comprehensive Plan of the Village or a part thereof, the Plan Commission will transmit the plan or part thereof to the Board of Trustees together with its recommendations for adoption of the plan as well as any reports or statements deemed necessary to a full consideration of the plan or part thereof. The transmittal will be made not later than 15 days following the close of the public hearing concerning the plan.

      (4)   Action By Board Of Trustees. Upon receiving a recommendation of the Plan Commission with respect to the adoption or amendment of any plan or a part thereof, the Board of Trustees may adopt the plan in whole or in part by ordinance duly enacted, with or without amendments; or may refer the plan or any part thereof back to the Plan Commission for further consideration; or may reject the plan. The Board of Trustees will take action not later than 90 days following the close of the Plan Commission public hearing on such plan. The failure of the Board of Trustees to act within this time period will be deemed to be a rejection of the plan. Upon the adoption of any plan or part thereof, it will be designated as the "Official Comprehensive Plan of the Village of Lindenhurst" and, if less than a total Comprehensive Plan, will carry a subheading designating its specific contents.

      (5)   Amendment To Comprehensive Plan. The Official Comprehensive Plan, or any part thereof, may be amended at any time in accordance with the provisions of this section. An amendment may be initiated by the Board of Trustees, the Plan Commission, the Zoning Administrator, or by any owner of lots affected by the provisions of the plan sought to be amended. Amendments initiated by the Board of Trustees, the Plan Commission, or the Zoning Administrator require no formal application and will be processed as otherwise provided in this section. Amendments initiated by the owner of affected land must be initiated by an application filed pursuant to § 159-2.201 of this part.

      (6)   Plan Filing And Notice Of Adoption. The Zoning Administrator will cause a certified copy of the ordinance adopting the Comprehensive Plan or amendment to be placed on file in the Office of the Village Clerk and will cause a notice evidencing the adoption of the plan, or part thereof, to be filed with the County.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The Plan Commission has the 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 Lindenhurst". The official map will have the effect accorded to it by sections 11-12-8 et seq., of the Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-12-8 et seq., and also will have the effect accorded to the Official Comprehensive Plan.

   (B)   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.

   (C)   Procedures: The procedures for the development, adoption, amendment, and filing of the official map will be the same as those provided in § 159-2.301 of this part with respect to the Official Comprehensive Plan.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The Zoning Administrator has the authority to grant zoning permits authorizing a change in use of a property or change in conditions to the property.

   (B)   Purpose: In all zoning districts, no vacant property may be occupied or used and no building may be erected, structurally altered, relocated, or used including, but not limited to, use by a new owner or tenant, until a zoning permit has been approved by the Zoning Administrator to certify that the property, building, or use complies with the provisions of this chapter.

   (C)   Procedure:

      (1)   Application. Applications for zoning permits must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

      (2)   Review And Decision. The Zoning Administrator has final authority to grant or deny a zoning permit, applying the standards set forth below.

   (D)   Standards: In considering the application, the Zoning Administrator will take into account the basic intent of this chapter to ensure attractive, efficient, and appropriate development of land in the community and ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property values. No zoning permit will be issued unless the proposed use complies with the requirements of this chapter and any other additional measures as may be imposed pursuant to the requirements of this chapter.

   (E)   Expiration: A zoning permit will expire if within 6 months of the date of issuance of a zoning permit the proposed construction or preparation of land for use has not commenced or if the use has not occupied the structure or location. Upon the showing of valid cause by the applicant, the Zoning Administrator may grant an extension of the zoning permit for a period not to exceed 6 months.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The Zoning Administrator has the authority to issue certificates of occupancy. No occupancy, use, or change of use may take place until a certificate of occupancy has been issued.

   (B)   Purpose: A certificate of occupancy is required for any of the following.

      (1)   Occupancy and use of a building hereafter erected or enlarged.

      (2)   Change in use of an existing building.

      (3)   Any change in the use of a nonconforming use.

   (C)   Application: Applications for certificates of occupancy must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The Zoning Administrator has the authority to issue temporary use permits, after review by Village staff.

   (B)   Procedure:

      (1)   Application. Applications for a temporary use permit must be filed and in accordance with the requirements of § 159-2.201 of this part and the administrative application policy. A complete application must be filed at least thirty (30) days prior to the first day of the event and must be accompanied by the following:

         (a)   A narrative description of the temporary use, including the location, date(s) and hours of the use.

         (b)   The name, address, and telephone number of the applicant and the names, addresses, and telephone numbers of the applicant’s representatives who will be responsible for the use;

         (c)   The number of persons expected to attend, if applicable;

         (d)   The number of vendors, merchants, or exhibitors expected to participate, if applicable;

         (e)   A statement as to other types of licenses and permits, including liquor licenses and building permits, that have been or will be applied for;

         (f)   A signed agreement from the applicant agreeing to indemnify and hold the village, its officials, officers, employees and agents harmless from any claims arising from the issuance of the temporary use permit;

         (g)   Village services or personnel required for the use, if any;

         (h)   A site plan showing the location of structures, improvements, parking areas, and other features that exist or are proposed on the site;

         (i)   Signed, written permission from the owner, agency, or company having jurisdiction over the subject property:

         (j)   Proof of insurance, if required, to ensure public safety and protection;

         (k)   Plans for off-street parking, if required, to ensure safety for all patrons of the temporary use; and

         (l)   Payment of fees respective to the type of operator and proposed temporary use in accordance with § 159-2.201 of the village code.

   (C)   General Standards: No temporary use may be granted by the Zoning Administrator pursuant to this chapter unless the applicant establishes the following:

      (1)   The proposed use will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established.

      (2)   The proposed use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.

      (3)   The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property according to the applicable zoning district regulations.

      (4)   The proposed use will be served adequately by streets, off street or on street parking, police and fire protection, refuse disposal, and other public facilities or the applicant will provide adequately for such facilities as well as provide for safe vehicular and pedestrian access and egress to the site. If required by the zoning administrator, traffic control shall be arranged by the operators of the proposed temporary use with the Lindenhurst police department.

      (5)   The proposed use will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets or upon residential property. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.

      (6)   The proposed temporary use will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

      (7)   The temporary use shall, in all other respects, conform to the applicable dimensional regulations of the district in which it is located. The proposed use shall comply with all additional standards imposed on it by the particular provision of this chapter.

      (8)   The spaces(s) occupied by the proposed temporary use shall be cleared of all debris within twenty-four (24) hours of the end of the event and cleared of all temporary structures within five (5) days after closing the event. A cash bond or other security may be required by the zoning administrator to ensure cleanup. Security amounts may be established based upon the estimated costs of clean up and/or site restoration.

      (9)   If liquor will be served, consumed, or sold on the property, a liquor license must be applied for and obtained from the village’s liquor commissioner as required by chapter 111 of the village code.

      (10)   Any work requiring a building permit, must be applied for separately and be issued prior to the issuance of a temporary use permit.

      (11)   No signs in connection with a temporary use shall be permitted except in accordance with the provisions of § 157.1000. All temporary signage must be removed immediately upon the cessation of the temporary use.

   (D)   Considerations: In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Zoning Administrator will consider the following.

      (1)   Whether and to what extent the proposed temporary use at the particular location requested is necessary or desirable to provide a service that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.

      (2)   Whether and to what extent such public benefit goals can be met by the location of the proposed temporary use at another site or in another area that may be more appropriate than the proposed site.

      (3)   Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use on the immediate vicinity through site design and screening.

   (E)   Conditions On Temporary Use Permit: The Zoning Administrator may impose such conditions and limitations concerning use, location, maintenance, screening, operation, hours of operation (except as may be allowed by other Federal, State, or County requirements), and other matters relating to the purposes and objectives of this chapter upon the premises benefited by the issuance of a temporary use permit for a temporary use as the Zoning Administrator deems may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property, upon such public facilities and services, protection of the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the temporary use permit for a temporary use. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the temporary use permit for a temporary use.

   (F)   Effect Of Issuance Of A Temporary Use Permit: The grant of a temporary use permit for a temporary use will not authorize the establishment or extension of any such use as a permanent use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but merely authorizes the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances of the Village, including, but not limited to, building permit, zoning permit, certificate of occupancy, land division approval, site plan approval, or other type of permit or approval.

   (G)   Limitations On A Temporary Use:

      (1)   Subject to an extension of time granted by the Zoning Administrator, no temporary use permit for a temporary use will be valid for a period longer than 30 days in any one calendar year.

      (2)   A temporary use permit for a temporary use will be deemed to authorize only the particular temporary use for which it was issued. Such temporary use permits for a temporary use will automatically expire and cease to be of any force or effect if such use shall be discontinued.

   (H)   Amendments: A temporary use permit for a temporary use may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for the original approval of a temporary use.

   (I)   Revocation: An existing temporary use permit for a temporary use may be revoked by the Village as follows:

      (1)   The Zoning Administrator may revoke a temporary use permit for a temporary use if any of the following determinations are made by the Zoning Administrator:

         (a)   The temporary use has not continued in conformity with the Village's conditions of approval of the temporary use permit for a temporary use or with any subsequent amendments to the temporary use permit for a temporary use.

         (b)   Violations of other statutes, ordinances, or laws.

         (c)   A change in the character of the surrounding area or in the temporary use itself which has caused the temporary use to become incompatible with the surrounding uses.

      (2)   The determination of revocation of a granted temporary use permit for a temporary use may be made by the Zoning Administrator after due notice to the property owner, occupant, or agent as indicated on the temporary use permit for a temporary use, as to the reasons for the review.

(Ord. 17-2-2065, passed 2-27-2017; Am. Ord. 2025-2-2311, passed 2-24-2025)

   (A)   Authority: The Village Board may, by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this chapter or its amendments.

   (B)   Purpose: The amendment process is intended to provide a means for making changes in the text of this chapter and in the zoning map that have more or less general significance or application in light of changing, newly discovered, or newly important conditions, situations, or knowledge. It is not intended to relieve particular hardships or to confer special privileges or rights.

   (C)   Initiation: A change or amendment may be initiated by the Village Board, the Plan Commission, or by a petition of 1 or more of the owners, lessees, or contract purchasers of property within the area proposed to be changed.

   (D)   Procedure:

      (1)   Application. Except for amendments proposed by the Board of Trustees or the Plan Commission, applications for zoning text or map amendments must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

      (2)   Hearing. A public hearing will be set, noticed, and conducted by the Plan Commission in accordance with §§ 159-2.202 and 159-2.203 of this part.

      (3)   Action By Plan Commission. Within 45 days following the conclusion of the public hearing, the Plan Commission will transmit to the Board of Trustees its recommendation. The failure of the Plan Commission to act within 45 days following the conclusion of the hearing, or such further time to which the owner may agree, will be deemed a recommendation for the approval of the proposed amendment as submitted.

      (4)   Action By Board Of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees will either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications. The failure of the Board of Trustees to act within 60 days, or such further time to which the owner may agree, will be deemed to be a decision denying the application.

      (5)   Protest. In the event a duly signed and acknowledged protest against a proposed amendment is filed with the Village Clerk before the adoption of the ordinance by the owners of 20% or more of the frontage to be affected by the proposed amendment, or by the owners of 20% or more of the frontage immediately adjoining or across therefrom, or by the owners of 20% or more of the frontage directly opposite the frontage to be affected, the amendment may not be passed except by a 2/3 vote of all the Trustees then holding office. A copy of the written protest must be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of the applicant and attorney shown in the application for the proposed amendment.

   (E)   Standards:

      (1)   Map Amendment. The following standards will be considered in amending the zoning map:

         (a)   Identification of the existing uses of property within the general area of the affected property.

         (b)   Identification of the zoning classification of property within the general area of the affected property.

         (c)   Determination as to the suitability of the property in question to the uses permitted under the existing classification or district and under the proposed classification or district.

         (d)   The trend of development, if any, in the general area of the affected property, including changes, if any, which have taken place since the date the affected property was placed in its present zoning classification or district.

         (e)   The trend or development, if any, as to the proposed uses of property within the general area of the affected property, as represented on the Comprehensive Plan.

         (f)   The length of time the property has been vacant as zoned, considered in the context of the land development and the area surrounding the subject property.

         (g)   The extent to which property values are diminished, if at all, by particular zoning restrictions.

      (2)   Text Amendment. The Plan Commission will evaluate the request for a text amendment against the intent of this chapter, the recommendations of the Comprehensive Plan, and the public health, safety and general welfare.

   (F)   Legislative Decision: The wisdom of amending the zoning map or the text of this chapter is a matter committed to the sound legislative discretion of the Board of Trustees.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The Board of Trustees has the authority to grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the lot is located in accordance with the procedures set forth in this chapter and subject to the standards set forth in this section.

   (B)   Purpose: It is recognized that there are uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district or districts without consideration, in each case, of the impact of those uses upon neighboring property and of the public need for the particular use at the particular location.

   (C)   Initiation Of Special Uses: Any person owning or having an interest in the property may file an application to use the property for 1 or more of the special uses provided for in this chapter and in the zoning district in which the property is situated.

   (D)   Procedure:

      (1)   Application. Applications for zoning permits must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

      (2)   Hearing. A public hearing will be set, noticed, and conducted by the Plan Commission in accordance with §§ 159-2.202 and 159-2.203 of this part.

      (3)   Action By Plan Commission. Within 45 days following the conclusion of the public hearing, the Plan Commission will transmit to the Board of Trustees its recommendation, recommending either granting the application for a special use permit; granting the application subject to conditions; or denying the application. The failure of the Plan Commission to act within 45 days, or such further time to which the owner may agree, will be deemed a recommendation for the approval of the proposed special use permit.

      (4)   Action By Board Of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees will either deny the application or, by ordinance duly adopted, grant the special use permit, with or without modifications or conditions. The failure of the Board of Trustees to act within 60 days, or such further time to which the owner may agree, will be deemed to be a decision denying the special use permit. Any proposed special use that fails to receive the approval of the Plan Commission will not be approved by the Village Board except by a 2/3 vote of all Village Board members then holding office.

   (E)   Standards:

      (1)   General Standards. No special use permit may be recommended or granted pursuant to this section unless the owner establishes that:

         (a)   The proposed use and development will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established and with the general purpose and intent of the Village of Lindenhurst Comprehensive Plan.

         (b)   The proposed use and development will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.

         (c)   The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable zoning district regulations.

         (d)   The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities or the applicant will provide adequately for such facilities.

         (e)   The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets. Also, adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

         (f)   The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

         (g)   The special use will, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Village Board pursuant to the recommendations of the Plan Commission.

      (2)   Special Standards For Specified Special Uses. When the district regulations authorizing any special use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district shall not be recommended or granted unless the owner shall establish compliance with such special standards.

   (F)   Findings Of Facts: Where required by statute, a special use will be accompanied by findings of facts specifying the reason or reasons for the allowance or denial of the special use.

   (G)   Conditions On Special Use Permits: The Plan Commission may recommend and the Board of Trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this chapter upon the property benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other lots and improvements in the vicinity of the subject lot or upon public facilities and services. Conditions will be expressly set forth in the ordinance granting the special use and may include, but are not limited to, 1 or more of the following: size, height, and location of proposed buildings and structures; landscaping and screening; parking and loading areas; signage; traffic flow and access requirements; lighting; hours of operation; open-space areas; drainage and stormwater facilities; or architectural and engineering features. These conditions will be in addition to any regulations contained in the underlying zoning district or other applicable regulations of the Village. Violation of any condition or limitation will be a violation of this chapter and constitute grounds for revocation of the special use permit.

   (H)   Permit Effective Date: The permit will become effective upon adoption of the appropriate ordinance by the Board. In the event that a special use permit is filed in conjunction with a rezoning, the permit will not become effective until the date of enactment of the ordinance authorizing the rezoning. In the event that some additional approval is required by some other governmental authority or agency, the permit will not become effective until that approval is received.

   (I)   Time Limit Of Special Use Permits: Special use permits will be valid for an unlimited period unless a lesser period is provided in a particular permit. Prior to the expiration of the time limit specified in a particular permit, the property owner may request that the special use permit be reviewed by the Village Board, which may extend it for an unlimited period or for a specified additional period of years.

   (J)   Failure To Commence Construction Or Operation: Unless otherwise stated in the conditions of a particular special use permit, substantial construction or operation of the special use where construction is not required must commence within 1 year of the effective date of the permit unless such time period is extended by approval of the Village Board. If no appeal is made or no extension of time is received or granted, the permit will immediately terminate upon expiration of the 1 year period.

   (K)   Revocation: In any case where a special use has not been established within 1 year after the date of granting thereof, then without further action by the Plan Commission or the Village Board, the special use authorization will be null and void.

   (L)   Discontinuance Of Use: A special use permit will automatically expire and cease to be effective if the use is discontinued for a period of 6 consecutive months or more.

   (M)   Transferability: All special use permits are approved for the specific lot or parcel of land, and may not be transferred to any other location. An approved special use permit is transferable to any subsequent land owner unless otherwise specified at the time of the approval of the special use permit.

   (N)   Procedure To Amend Approved Special Use Permit: Any expansion, increase in extent of operation, or other changes made to a special use beyond that which was designated on the original special use permit application and/or authorized by ordinance by the Village Board, will be considered an amendment to the special use permit. In order to amend an existing special use permit, the application procedures, required materials, and approval process are the same as for a new permit.

   (O)   Effect Of Denial Of A Special Use: No application for a special use which has been denied wholly or in part by the Village Board may be resubmitted for a period of 30 days from the date of the order of denial.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The Board of Trustees has the authority to approve the development of planned unit developments, in accordance with the procedures set forth in this chapter and subject to the standards set forth in this section.

   (B)   Purpose: The planned unit development is intended to allow the relaxation of otherwise applicable substantive requirements based on procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this chapter in recognition of the fact that traditional bulk, space, and yard regulations that may be useful in protecting the character of substantially developed and stable areas may impose inappropriate pre- regulations and rigidities upon the development or redevelopment of lots or areas that lend themselves to an individual, planned approach.

   (C)   Parties Entitled To Seek Planned Unit Development Approval: An application for a special use permit to permit a planned unit development may be filed by the owner of, or any person having a contractual interest in, the subject lot.

   (D)   Concept Plan: Prior to the official submittal of the required detailed preliminary plan pursuant to division (E) of this section, the applicant may, at its option, submit a concept plan to the Village Board and/or the Plan Commission to discuss the scope and the proposed nature of the contemplated development, and receive informal and nonbinding feedback on the proposed concept.

   (E)   Preliminary Plan:

      (1)   Procedure.

         (a)   Application. Applications for preliminary plan approval must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy. The application must show all buildings and their use, open space, common open space, recreation facilities, service areas, and other facilities to indicate the character of the proposed development.

         (b)   Public Hearing. A public hearing will be set, noticed, and conducted by the Plan Commission in accordance with §§ 159-2.202 and 159-2.203 of this part.

         (c)   Plan Commission Review And Recommendation. Within 60 days after the public hearing and review of the preliminary planned unit development plan and supporting data for conformity to these regulations, the Plan Commission will recommend approval, approval with modification, or disapproval, and the reasons for its recommendation, or indicate why a report cannot be rendered to the Village Board.

         (d)   Transmittal Of Plan Commission Recommendation To Village Board. The Plan Commission will send its recommendation including the reasons for its recommendation to the Village Board. The recommendation will set forth with particularity in what respects the proposal would or would not be in the public interest including, but not limited to, findings of fact on the following:

            1.   In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations.

            2.   The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.

            3.   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest.

         (e)   Village Board Decision. Upon receipt of the recommendation of the Plan Commission, the Village Board, without further public hearing, may approve or deny the preliminary plan.

      (2)   Standards.

         (a)   No special use permit for a planned unit development may be recommended or granted pursuant to this section unless the owner shall establish that the proposed development will meet each of the standards made applicable to special use permits pursuant to § 159-2.307 of this part.

         (b)   Preliminary plans must meet the site plan application requirements specified in § 159-2.312 of this part.

         (c)   Where the planned unit development involves the division of land, planned unit development preliminary plans must meet all of the tentative plat subdivision requirements set forth in the Village subdivision ordinance.

         (d)   A planned unit development shall be in general conformance with or shall carry out the general objectives of the adopted Village of Lindenhurst Comprehensive Plan.

         (e)   No planned unit development will be recommended or granted unless the owner establishes that the proposed development will meet each of the following criteria:

            1.   The extent to which the proposed use will be served adequately by, or will provide for, essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools.

            2.   The adequacy of the public infrastructure to support the proposed use at the proposed location. In considering this use criteria, the Plan Commission shall consider not only the proposed uses, but other proposed rezonings and the zoning of vacant properties in order to determine both the individual and cumulative impacts.

            3.   The extent of the community need for the proposed use at the proposed location in light of existing and proposed uses of a similar nature in the area, and the need to provide or maintain a proper mix of uses within the Village and within the immediate area of the proposed use. The Plan Commission shall not approve any planned unit development unless it is able to find that the proposed use in the proposed location will not result in either an overconcentration of a particular use within the Village or within the immediate area of the proposed use.

            4.   The extent to which the proposed use at the proposed location will, or may, have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare.

            5.   The extent to which the proposed use and its design and landscaping will enhance and protect the existing character of neighboring land uses, if any, or enhance the community character of the Village.

            6.   The extent to which the proposed use will be served by, or will provide, proper pedestrian and public transportation linkages both within the immediate area of the development and with other parts of the Village or County.

            7.   The extent to which the proposed use will be served by, or will provide, adequate public and private open space both in the immediate vicinity of the proposed use and throughout the Village. The Plan Commission will, in considering this criteria, consider the adequacy of such open spaces both in terms of site design and buffering and in terms of the open space needs of the permanent or transient population likely to be generated by the proposed use.

      (3)   Effect Of Preliminary Plan Approval. Approval of a preliminary plan will not constitute approval of the final plan. Rather it will be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan which will be submitted for approval of the Village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any.

      (4)   Limitation On Preliminary Plan Approval. Subject to an extension of time granted by the Zoning Administrator, unless a final plan covering at least the area designated in the preliminary plan as the first stage or unit of the planned unit development has been filed within 2 years from the date the Board of Trustees grants preliminary plan approval, or in any case where the owner fails to file the final plan and to proceed with development in accordance with the provisions of this chapter, the preliminary plan approval will automatically expire and be rendered void and the Zoning Administrator will, without further direction, initiate an appropriate action to formally revoke the special permit for all portions of the planned unit development area that have not yet been completed.

      (5)   Simultaneous Submission Of A Final Plan. The owner may, at his or her option, submit a final plan for the proposed planned unit development pursuant to the requirements of division (F) of this section simultaneously with the submission of the preliminary plan. In such case, the owner must comply with all provisions of this chapter applicable to submission of the preliminary plan and to submission of the final plan. The Plan Commission and the Board of Trustees will consider such plans simultaneously, applying the standards for both preliminary and final plans, and shall grant or deny final plan approval in accordance with the provisions of division (F) of this section.

   (F)   Final Plan:

      (1)   Procedure.

         (a)   Application. Applications for final plan approval must be filed and in accordance with the requirements of § 159-2.201 of this part and the administrative application policy. The application will also include the following information:

            1.   The final plan for a planned unit development will serve as the final plat of subdivision, in the case of a planned unit development resulting in the division of land, suitable for recording with the Lake County Recorder of Deeds. The purpose of the final plan of a planned unit development resulting in the division of land is to designate with particularity the land subdivided into conventional lots as well as the division of other lands into common open areas and building areas.

            2.   All common open spaces must be either conveyed to a public agency or to a not for profit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development or retained by the developer with legally binding guarantees (in a form approved by the Village Attorney) that the common open space will be permanently preserved as open area. All land conveyed to a not for profit corporation or like entity must be subject to the right of the corporation to impose a legally enforceable lien for maintenance and improvement of the common open space. Membership in the corporation is mandatory for each land owner and successive buyer having a right of the use, enjoyment, or benefit of the open space or its facilities. All such covenants and restrictions governing common open space must be recorded in the Office of the Recorder of Deeds of Lake County prior to the sale of any property within the planned unit development.

            3.   All covenants and restrictions governing deed restricted open space must be recorded in the Office of the Recorder of Deeds of Lake County prior to the recording of the final plan and the sale of any property within the planned unit development.

            4.   All improvements and public facilities made necessary as a result of the planned unit development must be completely installed prior to the approval of the final plan. In lieu of this, the developer may submit to the Village Engineer an estimated cost of required improvements and the developer may post a performance guarantee, in a form acceptable to the Village Attorney and approved by the Village Board, which assures the provisions and requirements within the time limits of this section. The installation and approval of the required improvements or submittal of the performance guarantee are necessary prerequisites to approval of the final plan.

            5.   A performance and maintenance guarantee must be provided in accordance with the Village subdivision ordinance.

            6.   All final agreements, provisions, declarations, or covenants which will govern the use, maintenance, and continued protection of the planned unit development are subject to the review of the Village Attorney and will be recorded agreements running with the land in the Office of the Lake County Recorder of Deeds.

         (b)   Submission. The final plan may be submitted to the Village in phases, or stages, with each phase reflecting the applicable portion of the approved preliminary plan, but not later than 2 years following said preliminary plan approval. If submitted in phases, or stages, each portion of the planned unit development shall conform to the previously approved preliminary plan and all requirements of these regulations.

         (c)   Public Meeting. A public meeting shall be set, noticed, and conducted by the Plan Commission in accordance with §§ 159-2.202 and 159-2.203 of this part.

         (d)   Review By Plan Commission. Within 60 days following the filing of an application for approval of a final plan, the Plan Commission will review and act on the plan.

            1.   Approval Based On Substantial Conformity. If the Plan Commission finds substantial conformity between the final plan and the approved preliminary plan and further finds the final plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the preliminary plan and with the provisions of this chapter and all other applicable Federal, State, and Village codes, ordinances, and regulations, it will transmit the plan to the Board of Trustees with its recommendation, that the Board of Trustees approve the final plan, with or without modifications and conditions to be accepted by the owner as a condition of approval.

            2.   Recommendation Of Denial. If the Plan Commission finds that the final plan is not in substantial conformity with the approved preliminary plan and does not merit approval, or if the Plan Commission requires modifications of a final plan that are not accepted by the owner, the Plan Commission will transmit the plan to the Board of Trustees together with its recommendation that the final plan not be approved.

            3.   Failure To Act. The failure of the Plan Commission to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a recommendation to the Board of Trustees to deny the final plan as submitted.

         (e)   Action By Board Of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees will either:

            1.   Approval Based On Substantial Conformity. If the Plan Commission has recommended approval of a final plan based on substantial conformity with the preliminary plan, the Board of Trustees may, unless it specifically rejects 1 or more of the findings of the Plan Commission on the basis of expressly stated reasons, approve the final plan by a duly adopted ordinance.

            2.   Referral Back To Plan Commission. The Board of Trustees may refer the final plan back to the Plan Commission for further consideration of specified matters.

            3.   Denial. The Board of Trustees may deny final plan approval if it finds, whether pursuant to a recommendation of the Plan Commission or not, that the final plan is not in substantial conformity with the approved preliminary plan and does not merit approval or would only merit approval subject to modifications or conditions that are not accepted by the owner.

            4.   Failure To Act. The failure of the Board of Trustees to act within 60 days, or such further time to which the owner may agree, will be deemed to be a decision denying final plan approval.

      (2)   Compliance With Subdivision Ordinance Final Plat Requirements. Where the planned unit development involves the division of land, planned unit development final plans must meet all of the final plat for subdivision requirements set forth in the Village subdivision ordinance.

   (G)   Conditions On Planned Unit Development Approvals: The approval of a planned unit development may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned unit development, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this chapter, the Village's subdivision ordinance, and the Official Comprehensive Plan; provided, however, that no such condition of final plan approval shall impair the rights granted by preliminary plan approval. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of all approvals granted for the planned unit development.

   (H)   Authority To Vary Regulations: The planned unit development may depart from strict conformance with the required density, dimension, area, bulk, use, and other regulations for the standard zoning districts and other provisions of this chapter to the extent specified in the preliminary land use and zoning plat and documents authorizing the planned unit development so long as the planned unit development will not be detrimental to or endanger the public health, safety, or general welfare.

   (I)   Final Plan Scheduling Deadlines And Termination: The Village Board may revoke the planned unit development if construction falls more than 2 years behind the schedule filed with the approved planned unit development final plan. Extensions in the building schedule may be granted by the Village Board.

   (J)   Recordation Of The Final Plan: The ordinance approving the final plan shall be effective only upon recording of the final plan and supporting data with the County Recorder of Deeds. The recording of the final plan shall inform all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device.

   (K)   Building Permits: No building permits shall issue and no construction may occur until the final plan has been approved and recorded with the County Recorder of Deeds.

   (L)   Impact Fees: See § 150.07 of this title for applicable impact fee regulations.

   (M)   Changes And Amendments To An Approved Planned Unit Development: Planned unit developments will be developed in accordance with the approved final plan and all supporting data or, in the case of a planned unit development involving the division of land, the recorded final plan and all supporting data. The approved final plan and all supporting data (in the case of a planned unit development involving the division of land, the recorded final plan and supporting data) together with all amendments will be binding on the applicants, their successors, and assigns and will limit and control the use of premises and location of structures in the planned unit development project as set forth therein.

      (1)   Minor Changes And Amendments. The Village Board upon recommendation of the Plan Commission, at its discretion, may approve minor changes in the final plan of the planned unit development. A planned unit development final plan submitted to amend an approved final plan will conform substantially to the preliminary plan approved.

      (2)   Major Changes And Amendments. In the event the planned unit development final plan submitted to amend an approved final plan does not conform substantially to the approved preliminary plan, or in the event the applicant desires to amend a planned unit development previously approved as a preliminary plan, the changes therein or amendments thereto may be approved only by following the procedure of filing an amended preliminary plan or final plan (whichever is applicable) as provided in this chapter. Such changes or amendments approved in a recorded final plan of a planned unit development shall be recorded as amendments to such final plan or by the filing of a new "corrected" final plan in the Office of the Lake County Recorder of Deeds.

      The Village Board, upon recommendation of the Plan Commission, may find that any modification therein, including modifications in location, design, and number of buildings; roadways; and utilities will be considered major if such modification:

         (a)   Changes the concept or intent of the preliminary plan;

         (b)   Increases the gross residential density or intensity of use by more than 5%;

         (c)   Decreases the total area set aside for common open space or deed restricted open space;

         (d)   Changes by more than 10% in the floor area for a nonresidential use; or

         (e)   Increases by more than 5% the total ground area covered by buildings or structures.

      (3)   No Waiver Of Covenants Or Agreements. No changes in the approved final plan waive any of the covenants or agreements limiting the use of land, buildings, structures, and improvements within the planned unit development unless specifically approved to the contrary by the Village Board.

   (N)   Existing Planned Unit Development Districts: Any planned unit development district approved prior to the effective date of this chapter (February 27, 2017) will be subject to the provisions of division 159-9.102(C) of this chapter.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The Board of Trustees has the authority to grant variations from the provisions of this chapter in accordance with the procedures set forth in this chapter and subject to the standards set forth in this section.

   (B)   Purpose: The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this chapter that create practical difficulties or particular hardships. If the difficulties or hardships are more appropriate for remedy under any other provision of this chapter, the variation procedure is inappropriate.

   (C)   Parties Entitled To Seek Variations: Applications for variations may be filed by the owner of, or person having a contractual interest in, the lot.

   (D)   Procedure:

      (1)   Application. Applications for variations must be filed and in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

      (2)   Public Hearing. A public hearing will be set, noticed, and conducted by the Zoning Board of Appeals in accordance with §§ 159-2.202 and 159-2.203 of this part.

      (3)   Action By Zoning Board Of Appeals. Within 35 days following the close of the public hearing, the Zoning Board of Appeals will render its decision recommending the granting or denying of the variation. The failure of the Board of Appeals to act within 35 days, or such further time to which the owner may agree, will be deemed to be a decision recommending denial of the variation.

      (4)   Recommendations Of Denial. Where the Zoning Board of Appeals has recommended that a variation be denied, it may not be granted except by the favorable vote of 2/3 of all the Trustees then holding office.

   (E)   Standards: No variation may be recommended or granted pursuant to this section unless the owner has established that carrying out the strict letter of the provisions of this chapter would create a particular hardship or a practical difficulty.

   (F)   Findings Of Fact: Upon review of the application and information presented at the public hearing, the Zoning Board of Appeals will consider the following criteria which are consistent with the rules provided to govern determinations of the Zoning Board of Appeals as referenced by State Statute.

      (1)   No variation may be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located.

      (2)   There must be evidence that the plight of the owner is due to unique circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and the granting of the variation would not be of so general or recurrent nature as to suggest that this chapter should be changed.

      (3)   There must be evidence that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the district.

      (4)   The variation must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

      (5)   There must be evidence that the variation, if granted, will not alter the essential character of the locality. No variation may be granted that will create substantial detriment to adjacent property and will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

   (G)   No Powers To Change Zoning Or Grant Use Variations: Nothing in this chapter may be construed to give or grant to the Zoning Board of Appeals the power or authority to alter or change this chapter or any zoning district made a part of the Village zoning map, such power and authority being reserved to the Village Board, nor may the Zoning Board of Appeals grant use variances. The Zoning Board of Appeals does not have any power or authority with respect to any alterations or change in this chapter except to make recommendations to the Village Board in specific cases as may properly come before the Zoning Board of Appeals.

   (H)   Variation Less Than Requested: A variation less than or different from that requested may be granted when the record supports the owner's right to some relief but not to the relief requested.

   (I)   Conditions On Variations: The Zoning Board of Appeals may recommend and the Board of Trustees may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this chapter upon the premises benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other lots and improvements in the vicinity of the subject lot or upon public facilities and services. Such conditions will be expressly set forth in the ordinance granting the variation. Violation of any condition or limitation will be a violation of this chapter and will constitute grounds for revocation of the variation.

   (J)   Effect Of Grant Of Variation: The grant of a variation will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but merely authorizes the preparation, filing, and processing of applications for any permits and approval that may be required by the codes and ordinances of the Village including, but not limited to, building permits.

   (K)   Expiration Of Variation: No variation permitting a use of a building or property will be valid for a period longer than 18 months, unless such use is established within such period provided, however, where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: Subject to the procedures, standards, and limitations of this section, the Zoning Administrator may render interpretations, including use interpretations, of the provisions of this chapter and of any rule or regulation issued pursuant to it.

   (B)   Purpose: The interpretation authority established by this section is intended to recognize that the provisions of this chapter, though detailed and lengthy, cannot possibly address every specific situation to which they may have to be applied. Many situations, however, can be readily addressed by an interpretation of the specific provisions of this chapter in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this chapter but rather is intended only to allow authoritative application of that content to specific cases.

   (C)   Parties Entitled To Seek Interpretations: Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations may not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

   (D)   Procedure:

      (1)   Application. Applications for interpretations of this chapter must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

      (2)   Action On Application. Within 30 days following the receipt of a properly completed application, the Zoning Administrator will inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons, and analysis on which the determination is based.

      (3)   Appeal. Appeals from interpretations rendered by the Zoning Administrator may be taken to the Zoning Board of Appeals as provided in § 159-2.311 of this part.

   (E)   Standards: The following standards govern both the Zoning Administrator and the Zoning Board of Appeals on appeals from the Zoning Administrator in issuing use interpretations.

      (1)   Any use expressly defined in this chapter will be interpreted as defined.

      (2)   No use interpretation may permit a use listed as a permitted use or a special use in any district to be established in any district in which the use is not so listed.

      (3)   No use interpretation may permit any use in any district unless evidence is presented that demonstrates that it will comply with each use limitation established for that particular district.

      (4)   No use interpretation may permit any use in a particular district unless the use is substantially similar to other uses permitted in the district and is more similar to those uses than to uses permitted or specially permitted in a more restrictive district.

      (5)   If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting the use must be conditioned upon the issuance of a special use permit.

      (6)   No use interpretation may permit the establishment of any use that would be inconsistent with the district intent statement of the district in question.

      (7)   Subject to the foregoing conditions and limitations, in rendering use interpretations, the Zoning Administrator and Zoning Board of Appeals shall be guided by the SIC or NAICS use classification system and methodology.

   (F)   Effect Of Favorable Use Interpretations: No use interpretation finding a particular use to be permitted or specially permitted in a particular district authorizes the establishment of the use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but merely authorizes the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the Village including, but not limited to, zoning permit, special use permit, building permit, or any other required permit.

   (G)   Time Limitation: Subject to an extension of time granted by the Zoning Administrator, no use interpretation finding a particular use to be permitted or specially permitted in a particular district will be valid for a period longer than 6 months from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.

   (H)   Applicability: A use interpretation finding a particular use to be permitted or specially permitted in a particular district will be deemed to refer only to the particular use for which it was issued, and such permit shall not be deemed to refer to any allegedly similar use for which a separate use interpretation has not been issued. The permit will automatically expire and cease to be of any force or effect if the particular use for which it was issued is, for any reason, discontinued for a period of 6 consecutive months or more.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The Zoning Board of Appeals is authorized to hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Zoning Administrator acting pursuant to his or her authority and duties under this chapter and to that end the Zoning Board of Appeals has the same powers and is subject to the same standards and limitations as the Zoning Administrator with respect to any order, decision, or determination being appealed.

   (B)   Purpose: The appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intents of this chapter or the rightful authority of the Zoning Administrator to enforce the requirements of this chapter. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this chapter and to the reasonable interpretations of that language by those charged with the administration of this chapter.

   (C)   Parties Entitled To Appeal: An application for appeal to the Zoning Board of Appeals may be filed by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the Zoning Administrator acting pursuant to his or her authority and duties under this chapter.

   (D)   Procedure:

      (1)   Application. An application for appeal to the Zoning Board of Appeals must be filed not later than 45 days following the action being appealed and in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

      (2)   Referral By Zoning Administrator. Upon receipt of a properly completed application for an appeal, the Zoning Administrator will transmit to the Zoning Board of Appeals the application together with all papers constituting the record upon which the action appealed from was taken.

      (3)   Public Hearing. A public hearing will be set, noticed, and conducted by the Zoning Board of Appeals in accordance with §§ 159-2.202 and 159-2.203 of this part.

      (4)   Action By Zoning Board Of Appeals. Within 30 days following the close of the public hearing, the Zoning Board of Appeals will render a decision on the appeal. The decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Zoning Board of Appeals, is proper to be made in the premises. The failure of the Zoning Board of Appeals to act within 30 days, or such further time to which the owner may agree, will be deemed to be a decision denying the appeal.

      (5)   Written Decision. The Zoning Board of Appeals' decision must be transmitted in writing to the applicant, and include findings of fact specifying the reasons for the decision.

   (E)   Stay Of Proceedings: An application for an appeal properly filed will stay all proceedings in the furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property, in which case the proceedings will not be stayed.

   (F)   Conditions And Limitations On Rights Granted By Appeal: In any case where this chapter imposes conditions and limitations upon any right, any such right granted by the Zoning Board of Appeals on appeal will be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.

   (G)   Review Under Administrative Review Law: All final administrative decisions of the Zoning Board of Appeals are subject to judicial review pursuant to the provisions of the State of Illinois Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The following officials and/or bodies are authorized to conduct review of site plans for development in the Village.

      (1)   Except for minor site plan reviews described in division (A)(2) of this section, the Plan Commission will review and make recommendations to the Village Board on the site, natural resource features and plans, site intensity of use, building location, density of dwelling units, floor area, impervious surface area, existing and proposed structures, architectural plans, neighboring uses, potential impacts upon neighboring uses, utilization of open space, landscaping plans, lighting plans, off street parking and loading areas, driveway locations, loading and unloading in the case of commercial and industrial uses, highway access, traffic generation and circulation, the proposed operation, and emergency vehicle accessibility, as well as any other requirements of the Zoning Administrator or other governmental agencies. All engineering-related issues, including site grading, will be reviewed and subject to the approval of the Village Engineer.

      (2)   Single-family detached and 2-family detached dwellings (and their accessory structures) are exempt from all requirements of this section except that they must comply with the minor site plan review requirements contained in division (F) of this section. Other minor site changes may be reviewed under the minor site plan review process, as determined by the Zoning Administrator.

   (B)   Purpose: In order to promote compatible development and stability of property values, and prevent impairment or depreciation of property values, no person may alter the conditions of a lot without first obtaining site plan approval as set forth in this section, except: 1) where superseded by a Village approved annexation agreement or 2) if subject to minor site plan review under division (F) of this section.

   (C)   Application: Applications for site plan review must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy. The site plan and related plans and data must be submitted to the Zoning Administrator who will transmit all site plan review applications and their accompanying site plans and related plans and data to the Plan Commission for its review, and recommendation to the Village Board for its approval.

   (D)   Process: The Plan Commission may not recommend to the Village Board any approval for any site plan or other required plans unless it finds after viewing the site plan review application and data that the structure or use, as planned, will not violate the intent and purpose of this chapter. The Plan Commission may recommend and the Village Board may approve the plans only after determining the proposed building or buildings will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety and provided such proposed development meets the various intent and purpose statements set forth in this chapter.

   (E)   Standards: The following standards apply to site plan review:

      (1)   The proposed use conforms to the uses permitted as either a permitted use or special use (whichever is applicable) in the zoning district.

      (2)   The dimensional arrangement of buildings and structures conform to the required area, yard, setback, and height restrictions of this chapter.

      (3)   The requirements of part 7 of this chapter are met.

      (4)   The proposed use conforms to all use and design provisions and requirements for the specified use.

      (5)   There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic. In the case of arterial streets and highways not under the jurisdiction of the Village of Lindenhurst, that the applicable highway authority (County, State, or Federal) has been contacted and the needed permits have been obtained and submitted to the Village for review.

      (6)   The proposed buildings, structures, and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress and interior/exterior traffic flow, stormwater drainage, erosion, grading, lighting, and parking, as specified by this chapter or any other codes or laws.

      (7)   Natural features of the landscape are retained to enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes, or where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood. The requirements for natural resource features protection set forth in this chapter shall be met, including a natural resource protection plan meeting the requirements of this chapter.

      (8)   Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by design and installation of landscape buffer yards to provide for appropriate screening, fencing, or landscaping as required by this chapter. Where required, a landscape plan meeting the requirements set forth in this chapter must also be submitted for review.

      (9)   Land, buildings, and structures are readily accessible to emergency vehicles and disabled persons.

      (10)   No building will be sited in a manner which would unnecessarily destroy or substantially damage the beauty of the area, or affect values incident to ownership of land in the area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.

      (11)   No loading facility will be designed or sited in a manner which would unnecessarily destroy or substantially damage the beauty of the area, or adversely affect values incident to ownership of land in the area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of the existing structures on adjoining properties.

      (12)   The site plan is consistent with the intent and purposes of this chapter which is to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability, to avoid the overcrowding of population, to lessen congestion on the public roads and streets, to reduce hazards of life and property, to facilitate the implementation of the Comprehensive Plan, and other purposes and intents of this chapter.

      (13)   The site plan is consistent with the public goals, objectives, principles, standards, policies, and urban design criteria set forth in the Comprehensive Plan.

   (F)   Minor Site Plan Review: Applications for minor site plan review must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy. The Zoning Administrator and/or the Village Engineer will review the site plan for compliance with this chapter.

   (G)   Site Grading Plan Review: Applications for site grading plan review must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy. The Village Engineer will review the site grading plan for compliance with this chapter.

   (H)   Financial Securities: The Village Engineer may require appropriate financial sureties as deemed necessary to guarantee that improvements including improved off street parking and loading areas, open space areas, utilities, landscaping, and natural resource features mitigation will be completed on schedule.

   (I)   Amendment To An Approved Site Plan: An approved site plan may be subsequently amended pursuant to the same process required for the initial approval, except that changes that are substantially in conformance with the approved site plan may be approved by the Zoning Administrator.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: Where required, natural resources protection plans must be submitted to the Zoning Administrator who will transmit all applications and accompanying plans to the Plan Commission or Village Engineer, as the case may be.

   (B)   Purpose: Review and approval of a natural resources protection plan is required if natural resource features defined and described in this chapter are present on the property for which a site plan review or planned unit development is requested.

   (C)   Application: Applications for natural resources protection plan review must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

   (D)   Process: Where required, a natural resources protection plan review will be subject to the site plan review process set forth in § 159-2.312 of this part.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: Landscape plans and related plans and data must be submitted to the Zoning Administrator who will transmit all landscape plan review applications and their accompanying landscape plans and related plans and data to the Plan Commission, or the Village Engineer as the case may be. Plans must be prepared by a registered landscape architect.

   (B)   Purpose: Except where superseded by a Village approved annexation agreement, landscape plans are required as an integral part of site plan review process.

   (C)   Application: Applications for landscape plan review must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

   (D)   Process: Where required, a landscape plan review will be subject to the site plan review process set forth in § 159-2.312 of this part.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: Lighting plans and related plans and data must be submitted to the Zoning Administrator who will transmit all lighting plan review applications and their accompanying lighting plans and related plans and data to the Plan Commission, or the Village Engineer as the case may be.

   (B)   Purpose: Except where superseded by a Village approved annexation agreement, lighting plans are required as an integral part of site plan review process.

   (C)   Application: Applications for lighting plan review must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

   (D)   Process: Where required, a lighting plan review will be subject to the site plan review process set forth in § 159-2.312 of this part.

   (E)   Lighting Plan Elements: A lighting plan submitted pursuant to this chapter must have, at a minimum, the following elements:

      (1)   A catalog page, cut sheet, or photograph of the luminaire including the mounting method.

      (2)   A photometric data test report of the proposed luminaire graphically showing the lighting distribution at all angles vertically and horizontally around the luminaire.

      (3)   A plot plan, drawn to a recognized engineering or architectural scale, indicating the location of the luminaire(s) proposed, mounting, and/or installation height in feet, the overall illumination levels (in foot-candles) and uniformities on the site, and the illumination levels (in foot-candles) at the property boundary lines. This may be accomplished by means of an isolux curve or computer printout projecting the illumination levels.

      (4)   A graphic depiction of the luminaire lamp (or bulb) concealment and light cutoff angles.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority: The architectural plans and related plans and data must be submitted to the Village Administrator who will transmit all architectural plan review applications and their accompanying architectural plans and related plans and data to the Architectural Review Board for its review and recommendation to the Village Board.

   (B)   Purpose: Except where superseded by a Village approved annexation agreement, for the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person may erect any structure without first having the Architectural Review Board review and make a recommendation to the Village Board regarding the architectural plans and obtaining the approval of the architectural plans by the Village Board as set forth in this section.

   (C)   Application: Applications for architectural plan review must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.

   (D)   Process:

      (1)   The Architectural Review Board may not recommend to the Village Board the approval of any application unless it finds that the following facts and conditions exist:

         (a)   The exterior design proposed is in conformance with the principles and standards set forth in this chapter.

         (b)   The exterior design is not unsightly or obnoxious and is not disharmonious or so similar to existing or proposed neighboring developments that substantial depreciation of neighboring property or development will be caused by the applicant's proposal.

      (2)   The Village Board will decide all applications within 45 days after its review and shall transmit a copy of its decision to the applicant and file a copy with the building inspector.

   (E)   Standards: The standards for architectural design review are established in the Village's Architectural Design Manual, available for review at the Office of the Zoning Administrator.

(Ord. 17-2-2065, passed 2-27-2017)

It is the responsibility of an applicant for any zoning relief under this chapter to secure all other necessary permits required by any State, Federal, or local agency. This includes, but is not limited to, permits pursuant to Illinois Statutes and laws including permits which may be required by the Illinois Environmental Protection Agency and the Illinois Department of Transportation, wetland fill permits pursuant to section 404 of the Federal Water Pollution Control Act, and all permits pursuant to applicable Lake County codes and ordinances including those Lake County codes and ordinances pertaining to highways, stormwater control, and on-site sewage disposal systems (septic systems).

(Ord. 17-2-2065, passed 2-27-2017)

It is unlawful to use or improve any structure or land, in violation of this chapter. In case of a violation, the Village may institute an appropriate action or proceeding to enjoin a violation of this chapter or cause a structure to be vacated or removed.

(Ord. 17-2-2065, passed 2-27-2017)

Upon finding the existence of any violation of this chapter, the Zoning Administrator has the authority and duty to take or direct all actions necessary or appropriate to abate and redress such violation.

   (A)   Double Fee: A double fee may be charged by the Zoning Administrator if work is started before a permit is applied for and issued. The double fee will not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

   (B)   Stop And Cease-And-Desist Orders: Upon finding the existence of any violation of this chapter, the Zoning Administrator has the authority to notify, in writing, the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it; specifically, the Zoning Administrator has the authority to 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.

   (C)   Legal Actions: In the enforcement of this chapter, the Zoning Administrator has the authority to exercise all the powers authorized by State Statutes 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 may, where 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.

   (D)   Abatement; Liens: Where authorized by State Statute, the Zoning Administrator may order any work necessary to abate any violation of this chapter and shall assess the cost of such work to the lot owner. Upon the failure of the owner to pay such cost, the Zoning Administrator has the authority to file a lien for such costs and for all costs of collection against the lot in question.

   (E)   Revocation Of Zoning Approvals: 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 may be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this chapter and affecting the lot involved in the violation. The Zoning Administrator may recommend and the Board of Trustees may order the 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 will be preceded by a similar public hearing.

   (F)   Fines: In the enforcement of this chapter, the Zoning Administrator has the authority, where necessary and appropriate, to order the issuance and enforcement of citations to recover fines and penalties for the violation of this chapter as authorized by State law and this chapter.

   (G)   Penalty: Any person who will 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 as set forth in § 10.99 of this Code. Each separate provision of this chapter that is not complied with will constitute a separate violation. Each day a violation continues to exist will constitute a separate offense.

   (H)   Private Remedies: Nothing in this chapter will 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. 17-2-2065, passed 2-27-2017)