800.1

Findings and purpose:

A.

The flood hazard areas of the Village of Round Lake Beach are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the people of the village.

Such flood losses are caused by the cumulative effects of obstructions in flood heights and velocities and the occupancy of flood-hazard areas by uses vulnerable to floods or hazardous to other lands, which are inadequately elevated or otherwise protected from flood damage.

B.

It is the purpose of this article VIII:

1.

To control flood plain use such as fill, dumping, storage of materials, structures, buildings, and any other works which acting alone or in combination with other existing or future uses will cause damaging flood heights and velocities by obstructing flows and reducing storage;

2.

To protect human life and health;

3.

To minimize public and private property damage;

4.

To protect individuals from buying lands and structures which are unsuitable for intended purposes because of flood hazards;

5.

To minimize surface and ground water pollution which will affect human, animal, or plant life;

6.

To control development which will, when acting alone or in combination with similar developments:

a.

Create an unjustified demand for public investment in flood-control works by requiring that uses vulnerable to floods, including public facilities which serve such uses, shall be protected against flood damage at the time of initial construction;

b.

Cause flood losses if public streets, sewer, water and other utilities must be extended below the flood level to serve the development;

c.

Create an additional burden on the public to pay the costs of rescue, relief, emergency preparedness measures, sandbagging, pumping, and temporary dikes and levees;

d.

Create an additional burden to the public for business interruptions, factory closing, disruption of transportation routes, interference with utility services, and other factors that result in loss of wages, sales and production;

7.

To maintain a stable tax base by the preservation of property values in and around the area of the flood plain;

8.

To promote generally the public health, safety and welfare by lessening and avoiding the hazard to persons and damage to property resulting from the accumulation of run-off of storm or flood waters.

C.

The requirements of this article apply in addition to the district regulations contained in other articles of this ordinance. Nothing contained herein shall be construed to permit the use of land not otherwise permitted in the underlying zoning district. The regulations contained herein overlay and are in addition to the requirements in the said underlying zoning district.

800.2

Determination of flood plain hazards:

A.

The flood plain and flood hazard associated with the controls imposed by this article are determined as follows:

1.

The is delineated upon the official zoning map adopted as part of this ordinance, a general flood plain overlay district determined to be subject to floods of a 50-year frequency, which determination is based upon evidence of past floods including the U.S.G.S. Hydrologic Investigation Atlas and Soil Conservation Service soil maps. This article shall apply to all lands within the jurisdiction of the village shown on the official zoning map as being within the boundaries of the general flood plain overlay district.

2.

All uses of land in the flood plain overlay district as delineated in sub-section (1) hereof, other than open space permit in accordance with the procedures of Article 3, section 3-10 of this ordinance, which special use shall be considered on the basis of the flood hazard on the property subject to the application of special uses, by the board of trustees upon recommendation of the planning and zoning commission. In considering such an application for a special use, the planning and zoning commission shall, where applicable:

a.

Estimate the discharge of the regulatory flood which is representative of large floods known to have occurred in this region and which are reasonably characteristic of what can be expected to occur on the particular streams subject to this ordinance. It is in the general order of a flood, which could be expected to occur on the average once every 50 years.

b.

Determine the specific flooding threat at the site of the proposed special-permit use and determine whether the use is located in flood-way or flood-fringe area by:

1.

Calculation of water surface elevations and flood protection elevations based on a hydraulic analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

2.

Computation of the flood-way required to convey this flood without increasing flood heights to an extent which would cause substantial upstream or downstream damage to existing or reasonably anticipated future development. Computation of increases in flood heights caused by any encroachment shall be based upon the reasonable assumption that there will be an equal degree of encroachment on both sides of the stream within that reach. Generally, any increase in flood stages attributable to encroachments on the flood plain of any river or stream shall not exceed 0.5 feet in any one reach or for the cumulative effect of several reaches.

B.

Evaluate the effects of the proposed use upon the public health, safety and general welfare in light of the purposes of this ordinance and the standards established herein and deny, grant or conditionally grant the application for the proposed use. In addition, the regulatory flood protection elevation and necessary flooding areas shall be established by the planning and zoning commission as provided in section 8.1-2 of this article consistent with the methods specified therein.

C.

The boundaries of the zoning district shall be determined by scaling distances on the zoning map. Where interpretation is needed as to exact location of the boundaries of the district as shown on the official zoning map (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the board of trustees, upon the recommendation of the planning and zoning commission, shall make the necessary interpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the commission and to submit his own technical evidence if he so desires.

D.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the flood plain district will be free from flooding or flood damages. This article shall not create liability on the part of the village or any officer or employee thereof for any administrative decision lawfully made thereunder.

800.3

Permitted uses: The following open space uses shall be permitted within any Flood Plain Overlay District to the extent that they are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials or equipment. In addition, no use shall adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system.

A.

Agricultural uses, including general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, sod farming, and wildcrop harvesting, provided such uses are permitted in an adjoining district.

B.

Industrial commercial uses such as loading areas and parking areas.

C.

Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, hiking and horseback riding trails.

D.

Residential uses such as lawns, gardens, parking areas, and play areas.

800.4

Special uses in floodways and flood fringes: All uses other than those specified in section 8.1-3 are permitted only upon application to the zoning administrator and the issuance of a special permit as provided in Article 3, Special Uses, of this ordinance. The Flood Plain Overlay District encompasses both floodway and flood fringe areas. Therefore, the planning and zoning commission, as provided in section 8.1-2 shall determine whether the proposed special use is located within a floodway or flood fringe area. If it is determined that the proposed special use is located within the floodway, the provisions of section 8.1-5 of this ordinance shall apply. If it is determined that the pro-posed use is located within the flood fringe, the provisions of section 8.1-6 of this ordinance shall apply.

800.5

Special provisions applying to the floodway portion of the flood plain:

A.

Uses permitted in section 801.3 are permitted uses in the floodway.

B.

Other uses are allowed only as special uses. No structure (temporary or permanent), fill (including fill for roads and levees) deposit, obstruction, storage of materials or equipment, or other uses shall be permitted which acting alone or in combination with existing or reasonably anticipated uses unduly affects the efficiency of the capacity of the floodway or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. Special Uses shall include:

1.

Uses or structures accessory to open space or special uses.

2.

Circuses, carnivals, and similar transient amusement enterprises.

3.

Temporary road side stands and signs.

4.

Extraction of sand, gravel, and other materials.

5.

Marinas, boat rentals, docks, piers, wharves, and water control structures, including the storage of fuel as an accessory use to the aforementioned.

6.

Streets, bridges, utility transmission lines and pipelines.

7.

Storage yards for equipment, machinery or materials, in connection with above specified permitted and special uses.

8.

Kennels and stables.

9.

Other uses similar in nature to uses described in section 801.6 of this subsection, which are consistent with the provisions set out in this ordinance.

C.

Standards for flood-way special uses:

All uses: No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other use may be allowed as a special use which, acting alone or in combination with existing or future uses, unduly affects the capacity of the floodway or unduly increases flood heights, consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. In addition, all floodway special uses shall be subject to the standards contained in section 801.8 and the following standards:

1.

Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof no greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the use to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetation cover, or bulkheading.

2.

Structures (temporary or permanent).

a.

Structures shall not be designed for human habitation;

b.

Structures shall have a low flood damage potential;

c.

The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and so far as practicable, structures shall be placed approximately of the same flood-flow lines as those of adjoining structures.

d.

Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river and,

e.

Service facilities such as electrical and heating equipment shall be constructed at or above the regulatory flood-protection elevation for the particular area should be flood-proofed.

3.

Storage of material and equipment:

a.

The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b.

Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

D.

Garbage and solid waste disposal:

1.

No special use permits for garbage and waste disposal sites shall be issued for flood-way areas.

2.

Provided further, there shall be no further encroachment upon the floodway at existing sites.

800.6

Special provisions applying to the flood fringe:

A.

Permitted uses: Uses listed in section 8.1-3 as permitted uses are permitted uses within the flood fringe.

B.

Special uses: Structural or other uses shall be permitted within the flood fringe as special uses to the extent they are not prohibited by any other ordinance and they meet the following standards:

1.

Residential uses: Residence on lots not less than 40,000 square feet and developed otherwise in accordance with the standards set forth in the Estate Residential District regulations, shall be constructed on fill with the first floor or basement floor at or above the regulatory flood protection elevation. The finished fill elevation shall be no more than one foot below the regulatory flood protection elevation for the particular area and shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance with this provision impractical or in other special circumstances the planning and zoning commission may recommend other techniques for protection.

2.

Nonresidential uses: Structures other than residences shall ordinarily be elevated on fill as provided in subsection B-1 of this section but may, in special circumstances, be protected as provided in Part 4 herein to a point at or above the regulatory flood protection elevation.

3.

Commercial uses: Commercial structures generally must be constructed on fill with no first floor or basement floor below the flood protection elevation. Accessory land uses, such as yards, railroad tracks and parking lots may be at lower elevations, however, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system, if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regional flood.

4.

Utilities, railroad tracks, streets and bridges: Public utility facilities, roads, railroad tracks and bridges within the flood plain shall be designed to minimize increases in flood elevations and shall be compatible with local comprehensive flood plain development plans. Protection to the regulatory flood plain elevation shall be provided where failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Where failure of, or interruption of services would not endanger life or health, a lesser degree of protection may be provided for minor or auxiliary roads, railroads or utilities.

5.

Waste treatment and waste disposal:

a.

No new construction, addition, or modification to existing waste treatment facilities shall be permitted within the flood fringe unless emergency plans and procedures for action to be taken in the event of flooding are prepared, filed with, and approved by the Illinois Environmental Protection Agency and the village engineer. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the floodwaters.

b.

There shall be no disposal of garbage or solid waste materials within flood fringe areas except upon issuance of a special use permit at sites approved by the Illinois Environmental Protection Agency and subject to the requirements of section 801.5.

800.7

Procedure for special use permits in flood plain: Upon receiving an application for a special use permit involving the use of fill, construction of structures, or storage of materials in a flood plain district, the planning and zoning commission shall, prior to making a recommendation thereon:

A.

Require the applicant to furnish such of the following information as is deemed necessary by the planning and zoning commission for determining the regulatory flood protection elevation whether the proposed use is located in the floodway or flood fringe, and other factors necessary to render a decision with respect to the suitability of the particular site for the proposed development.

1.

Plans: Ten copies drawn to a scale of one inch per 100 feet, showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, relationship of the above to the location of the channel, elevations or contours of the ground; pertinent structural, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photograph showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information.

2.

A typical valley cross-section: Showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.

3.

Profile: Showing the slope of the bottom of the channel or flow line of stream for at least 500 feet in either direction from the proposed development.

4.

Specifications: For building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

B.

Transmit one copy of the information described in subsection (A) to the village engineer for technical assistance in order to determine:

1.

Whether the proposed use is located in the flood-way or flood fringe;

2.

The regulatory flood protection elevation;

3.

Evaluate the proposed project in relation to flood heights and velocities, the degree of flood damage to the use, the adequacy of the plans for protection and similar technical details.

C.

Having regard for the evaluation of the village engineer, determine whether the proposed use is located in the floodway or flood fringe, determine the specific flood hazard at the site and evaluated the suitability of the proposed use in relation to the flood hazard.

D.

Consider all relevant factors specified in other sections of this ordinance, including:

1.

The danger to life and property due to increased flood heights or velocities caused by encroachments.

2.

The danger caused by materials that may be swept into other lands or downstream to the injury of others.

3.

The proposed water supply and sanitary systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

4.

The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner.

5.

The importance of the services provided by the proposed facility to the community.

6.

The requirements of the facility for a waterfront location.

7.

The availability of alternative locations not subject to flooding for the proposed facility.

8.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

9.

The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

10.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

11.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

12.

Such other factors which are relevant to the purposes of this ordinance.

13.

The effect which the proposed special use will have on the environment of the village.

800.8

Conditions attached to special use permits:

A.

Upon consideration of the factors listed above and the purposes of this ordinance, the planning and zoning commission may recommend and the board of trustees may impose conditions upon the granting of special use permits, as it deems necessary to further the purpose of this article. Such conditions without limitation because of specific enumeration may include:

1.

Modification of waste disposal and water supply facilities.

2.

Limitations on period of use and operation.

3.

Imposition of operational controls, sureties, and deed restrictions.

4.

Requirements for construction of channel modifications, dikes, levees and other protective measures.

5.

Flood-proofing measures designed so that they are consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood.

B.

The applicant may be required to submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood protection factors for particular area. The following flood-proofing measures may be required:

1.

Anchorage to resist flotation and lateral movement.

2.

Installation of watertight doors, bulkheads, shutters, or similar methods of construction.

3.

Reinforcement of walls to resist water pressures.

4.

Use of paints, membranes, or mortars to reduce seepage of water through walls.

(Ord. No. 01-04-01, 4-23-2001)

850.1

Findings and purpose: The village enjoys the privilege of having within its borders a portion of the lake of Round Lake. The lake has unique qualities and characteristics and a strong impact on the overall character of the village. The lake's distinctive characteristics deserve special protection, and the appropriate development and use of lakefront property requires special rules and regulations. The Lake Overlay Zoning District is established to protect and preserve the special qualities and characteristics of the lake and thereby preserve the quality of its impact on the village.

850.2

Designation of Lake Overlay District: The Lake Overlay District appears on the zoning map as an "overlay district," imposed on top of other base (or underlying) zoning districts created by the zoning ordinance. Development of properties in the Lake Overlay District must comply both with the regulations of the Lake Overlay District and with the regulations of the base district in which they are located. When there is any conflict between the regulations of the Lake Overlay District and the regulations of the base district, the regulations of the more restrictive regulation shall control.

850.3

Applicability of Lake Overlay District: Except as otherwise provided in this section, the Lake Overlay District lot size and exterior appearance review requirements shall apply to the following construction and development activities on any currently platted or proposed zoning lot within the Lake Overlay District:

A.

All new structures and developments;

B.

All new uses of land, including new structures and developments occurring on vacant land;

C.

Except as otherwise provided in this section, all new structures and uses of land on sites of demolished structures; and

D.

Whenever any proposed improvements require any relief provided in article III.

850.4

Permitted and special uses: Permitted and special uses allowed in the Lake Overlay District shall be consistent with those authorized by the regulations of the base zoning district, subject to the limitations placed thereon by this section.

850.5

Lot size requirements: Each permitted or special use lawfully established in the Lake Overlay District shall meet the following minimum lot area and lot width requirements based upon the applicable underlying zoning district as follows:

Special uses may be required to meet more restrictive site and structure provisions if the village board, upon considering a recommendation of the planning and zoning commission, determines that such requirements are necessary for public health, safety and general welfare purposes.

850.6

Exterior appearance review—General provisions:

A.

Authority: The board of trustees, in accordance with the procedures and standards set out in this section, may grant exterior appearance approval.

B.

Purpose: The exterior appearance review process is intended to protect, preserve, and enhance the character and quality of architectural heritage and to protect, preserve, and enhance property values in the Lake Overlay Zone.

C.

Parties entitled to seek exterior appearance review: Applications for building permits requiring exterior appearance review and approval pursuant to this section may be filed by the owner, or any person having a contractual interest in, the subject property.

850.7

Exterior appearance review—Procedures:

A.

Applications: Applications for exterior appearance approval shall be filed with the building official. In addition to architectural information regarding the subject building, such application shall include the following materials:

1.

Survey of adjacent properties: A survey of structures within 250 feet of the subject property which evaluates the architectural character of those structures in relation to the standards and considerations set forth in this section.

2.

Statement of proposed improvements: A written statement detailing how the proposed improvements meet the applicable standards and consideration for exterior appearance review.

B.

Other approvals required prior to approval: In any case where the proposed improvements require any relief provided in article III, or any other approval, no exterior appearance approval shall be granted unless and until such relief has been granted by the board of trustees or other required approvals have been obtained. The granting of any such relief or issuance of any other approval shall not establish any right to exterior appearance approval.

C.

Public meeting: After a properly completed application has been filed with the building official, a public meeting shall be set, noticed, and conducted by the planning and zoning commission; provided, however, that such public meeting shall not be commenced later than 60 days following the building official's receipt of a properly completed application

D.

Action by planning and zoning commission: Within 45 days after the conclusion of the public meeting, the planning and zoning commission shall transmit to the board of trustees its recommendation either granting exterior appearance approval, granting the approval subject to conditions, or denying the approval. In reaching its recommendation, the planning and zoning commission shall be guided by the purposes for which the exterior appearance review process has been created and by the particular standards and considerations set forth in this section.

E.

Action by board of trustees: Within 60 days after receipt of the recommendation of the planning and zoning commission, the board of trustees shall, by ordinance duly adopted, grant exterior appearance approval, grant exterior appearance approval subject to conditions, or shall disapprove the application. The board of trustees may also grant exterior appearance approval with modifications to the proposed improvement design, which the applicant may agree to or reject, in which case such rejection shall serve as a basis, in the sole and absolute discretion of the board of trustees, for denial of the application. Any such conditions or modifications shall be made as necessary to achieve the purposes and objectives of this section. Such conditions and modifications shall be set forth in the ordinance granting approval. In reaching its decision, the board of trustees shall be guided by the purposes for which the exterior appearance review process has been created and by the particular standards and considerations set forth in this section. The failure of the board of trustees to act within such 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the application.

850.8

Exterior appearance review—Standards and considerations: In their consideration of applications for exterior appearance approval, the planning and zoning commission and the board of trustees shall be guided by the purposes of this section and more particularly by the following standards and considerations:

A.

General quality of design and site development: New and existing structures and appurtenances thereof subject to these exterior appearance review provisions shall be evaluated under the following quality of design and site development guidelines:

1.

Open spaces: The quality of the open spaces between structures and in setback spaces between street and facade.

2.

Materials: The quality of materials and their relationship to those in existing adjacent structures.

3.

General design: The quality of the design in general and its relationship to the overall character of neighborhood.

4.

General site development: The quality of the site development in terms of landscaping, recreation, pedestrian access, automobile access, parking, servicing of the property, and impact on vehicular traffic patterns and conditions on site and in the vicinity of the site, and the retention of trees and shrubs to the maximum extent possible.

B.

General standards for visual compatibility: New and existing structures, and appurtenances thereof, subject to these exterior appearance review provisions shall be visually compatible in terms of the following guidelines:

1.

Height: The height of the proposed structure shall be visually compatible with adjacent structures.

2.

Proportion of front facade: The relationship of the width to the height of the front elevation of a proposed structure shall be visually compatible with structures, public ways, and places to which it is visually related.

3.

Proportion of openings: The relationship of the width to height of windows of a proposed structure shall be visually compatible with structures, public ways, and places to which it is visually related.

4.

Rhythm of solids to voids in front façades: The relationship of solids to voids in the front facade of a proposed structure shall be visually compatible with structures, public ways, and places to which it is visually related.

5.

Rhythm of space and building on streets: The relationship of a proposed structure to the open space between it and adjoining structures shall be visually compatible with the structures, public ways, and places to which it is visually related.

6.

Rhythm of entrance, porch, and other projections: The relationship of entrances and other projections of a proposed structure to sidewalks shall be visually compatible with the structures, public ways, and places to which it is visually related.

7.

Relationship of materials and texture: The relationship of the materials and texture of the facade of a proposed structure shall be visually compatible with the predominant materials used in the structures to which it is visually related.

8.

Roof shapes: The roof shape of a proposed structure shall be visually compatible with the structures to which it is visually related.

9.

Walls of continuity: The façades and appurtenances of proposed structures such as walls, fences, and landscape masses shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street to ensure visual compatibility with the structures, public ways, and places to which such elements are visually related.

10.

Scale of building: The size and mass of proposed structures in relation to open spaces, windows, door openings, porches, and balconies shall be visually compatible with the structures, public ways, and places to which they are visually related.

11.

Directional expression of front elevation: A proposed structure shall be visually compatible with the structures, public ways, and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or non-directional character.

C.

Special considerations for existing buildings: For existing buildings, the planning and zoning commission and the board of trustees shall consider the availability of materials, technology, and craftsmanship to duplicate existing styles, patterns, textures, and overall detailing.

850.9

Exterior appearance review—Limitations on approval: Subject to an extension of time granted by the board of trustees, no exterior appearance approval shall be valid for a period longer than six months unless the work authorized by such permit is commenced within such period. It shall be unlawful for any person to deviate from plans approved at the time of exterior appearance approval without obtaining an amended permit in the same manner as herein provided for obtaining original permits.

850.10

Exterior appearance review—Exemption; administrative review:

A.

Blanket exemptions: Notwithstanding anything to the contrary in this section, the following activities, provided such activities do not exceed 15 percent of the most current assessed valuation of the structure, as determined by the Lake County assessor's office, shall be exempt from the design review requirements of this section:

1.

Like replacement of siding and roofing materials, including gutters and downspouts;

2.

Like replacement of architectural features, including gabling, fascia, and masonry details such as keystones and pilasters;

3.

Routine maintenance and repair, including repainting with like colors, pitching gutters and downspouts, and repair of storm damaged exterior features; or

4.

All uses of land or structures legally existing as of _______________, 2007, which are expanded in floor area, lot coverage, off-street parking, or any other expansion of use; provided, however, that any such expansion complies with all bulk regulations of the applicable zoning district.

In addition to the above noted exempt activities, and subject to the requirements set forth in section 406.0 of this appendix, any structure which is destroyed or damaged by fire or other casualty or act of God, to the extent that the cost of restoration to the condition in which it was before the occurrence shall be less than 50 percent of the cost of the restoration of the entire building when new, shall be exempt from the regulations and requirements of this section.

B.

Administrative review: Notwithstanding anything to the contrary in this section, the activities set forth in subsections 850.10A.1, 850.10A.2, 850.10A.3, and 850.10A.4, provided such activities are between 15.1 percent and 25 percent of the most current assessed valuation of the structure, as determined by the Lake County assessor's office, must be approved pursuant to the administrative review provisions set forth below:

1.

The person or entity seeking administrative review must obtain and submit an application form provided by the economic development department and pay the application fee, as the fee shall be set from time to time by the corporate authorities. The application shall be submitted to the economic development department with a cost analysis prepared by an Illinois-registered architect or engineer showing that the proposed project meets the valuation requirements set forth in this subsection 850.10B, as well as all site plans, landscaping plans, drawings, and other information as may be required by the director of economic development;

2.

The director of economic development shall conduct a review of the application and submitted materials in accordance with the design review standards set forth in subsection 850.8. The director of economic development shall notify the applicant in writing of his or her approval, approval with modifications, or disapproval of the proposed project within 30 business days after submittal of the application. In the event that the director of economic development approves with modifications or disapproves the application, he or she shall specifically provide the reasons for approval with modifications or disapproval.

3.

In the event that the applicant desires to appeal the decision of the director of economic development, the applicant may seek an appeal pursuant to section 307.0 of this appendix.

(Ord. No. 07-10-04, 10-22-2007)