This title shall be known, cited and referenced to as the Mundelein Zoning Ordinance.

(Ord. No. 12-09-39, § 2(1.1), 8-24-12)

The intent of this document is to establish land use regulations to serve the village of Mundelein. The purpose of this title is to:

A.

To promote and protect the public health, safety and welfare of the people.

B.

Regulate and determine the area of open spaces, within and surrounding structures within the village.

C.

Divide the entire village into zoning districts of such number, shape, area, and of such different classes, according to use of land and structures, height and bulk of structures, intensity of the use of lot area, area of open spaces, or other classification, as deemed best suited to carry out the purposes of this title.

D.

Classify, regulate and restrict the location of structures designed for specified manufacturing, commercial, residential and other uses within the village.

E.

To fix reasonable standards to which structures shall conform.

F.

To prevent additions to, or alteration or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and the limitations of this title.

G.

To prevent the overcrowding of the land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them.

H.

To prohibit uses or structures incompatible with the character of development or intended uses within specified zoning districts.

I.

To provide for the gradual elimination of nonconforming uses of land and structures.

J.

Establish local standards solely for the review of the exterior design of structures, and designate a board or commission to implement the review process.

K.

To define and limit the powers and duties of the administrative officers and bodies as provided in this title.

(Ord. No. 12-09-39, § 2(1.2), 8-24-12)

A.

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

B.

General Application. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion and protection of the public health, safety, and welfare, and shall be construed to achieve the purposes for which the ordinance codified in this title was adopted.

C.

General Prohibition. Except as otherwise provided by this title, no portion or whole of any structure or land shall be used or occupied, and no structure, in whole or in part, shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless it conforms with the provisions of this title.

D.

Private Agreements. This title is not intended to nullify any private agreement or covenant. However, where this title is more restrictive than a private agreement or covenant, this title shall control.

E.

Other Laws and Regulations. Unless otherwise specifically provided, the ordinance codified in this title shall control over less restrictive statutes, ordinances or regulations, and more restrictive statutes, ordinances or regulations will control over the provisions of this title.

(Ord. No. 12-09-39, § 2(1.3), 8-24-12)

In determining the applicability of this title, with respect to the previously applicable zoning regulations, the following rules shall apply:

A.

Existing Illegal Structures and Uses. A structure or use that is illegal at the time of the adoption of, but is made legal by the provisions of this title, is deemed lawful as of the effective date of the ordinance codified in this title. However, if that structure or use does not conform with each and every requirement of this title, then that structure or use shall remain illegal.

B.

Existing Permitted Uses. If property is used in a manner that was classified as a permitted use prior to the effective date of the ordinance codified in this title, and that use is classified as a special use by this title as of the effective date of the ordinance codified in this title, that use shall be deemed a lawful special use. However, any subsequent addition, enlargement or expansion of that use shall be required to obtain a new special use pursuant to this title.

C.

Certain Uses Rendered Nonconforming. If property is used in a manner that was a lawful use before the effective date of the ordinance codified in this title, but this title no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use shall be deemed a legal nonconforming use and shall be controlled by the provisions of Chapter 16 (Nonconformities).

D.

Certain Structures Rendered Nonconforming. If a structure existing on the effective date of the ordinance codified in this title was a conforming structure before the effective date of the ordinance codified in this title, but such structure does not meet all standards set forth in this title, that structure shall be deemed a legal nonconforming structure and shall be controlled by the provisions of Chapter 20.64 (Nonconformities).

E.

Certain Lots Rendered Nonconforming. If a lot of record existing on the effective date of the ordinance codified in this title was a conforming lot before the effective date of the ordinance codified in this title, but such lot does not meet all standards set forth in this title, that lot shall be deemed a legal nonconforming lot of record and shall be controlled by the provisions of Chapter 20.64 (Nonconformities).

F.

Previously Issued Building Permits. If a building permit for a building or structure was lawfully issued prior to the effective date of the ordinance codified in this title, and if construction has begun within one hundred eighty days of the issuance of that permit and diligently pursued to completion, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under an occupancy permit for the use originally intended.

G.

Previously Granted Special Uses and Variations. All special uses, including planned unit developments, and variations granted prior to the effective date of the ordinance codified in this title shall remain in full force and effect. The recipient of the special use or variation may proceed to develop the property in accordance with the approved plans and all applicable conditions. However, if the recipient has failed to act on the special use or variation before the approval expires, including any periods of extension granted, the provisions of this title shall govern. A change in the underlying zoning district shall not affect an existing special use, planned unit development, or variation, including all rights granted as part of the approval.

H.

Pending Applications. If an application is pending on the effective date of the ordinance codified in this title, the provisions of this title shall govern that application. A pending application shall be defined as any application that has been submitted to the village but has not been scheduled for a public hearing or other required review.

(Ord. No. 12-09-39, § 2(1.4), 8-24-12)

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

(Ord. No. 12-09-39, § 2(1.5), 8-24-12)

The effective date of the ordinance codified in this title is the date of adoption, this date September 24, 2012.

(Ord. No. 12-09-39, § 2(1.6), 8-24-12)

After the effective date of the ordinance codified in this title, all provisions of the zoning ordinance of the village are expressly repealed in their entirety. This repeal only applies to the provisions of the zoning ordinance.

(Ord. No. 12-09-39, § 2(1.7), 8-24-12)