The administration of this ordinance is hereby vested in four offices of government of the Village of Round Lake Beach as follows:

Code official

Planning and zoning commission

Village board of trustees

This section shall first set out the authority of each of these offices and then describe the procedure and substantive standards with respect to the following administrative functions:

a.

Issuance of zoning certificates.

b.

Issuance of occupancy certificates.

c.

Variations.

d.

Appeals.

e.

Amendments.

f.

Special uses.

g.

Fees.

h.

Penalties.

In addition, it shall be the duty of all members of the police department to assist the code official by reporting to him any new construction, re-construction, new land uses, or possible violations.

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

The code official and such deputies or assistants that have been, or shall be, duly appointed shall enforce this ordinance and in addition thereto, and in furtherance of such authority shall:

a.

Issue all zoning certificates and make and maintain records thereof;

b.

Issue all certificates of occupancy and make and maintain records thereof;

c.

Conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this ordinance;

d.

Maintain permanent and current record of this ordinance, including, but not limited to, all maps, amendments, special uses, variations, appeals, and applications therefore;

e.

Provide and maintain a public information bureau relative to all matters arising out of this ordinance;

f.

Forward to the planning and zoning commission all applications for special uses and for amendments to this ordinance that are initially filed with the office of the code official;

g.

Forward to the planning and zoning commission applications for appeals, variations, or other matters on which the planning and zoning commission is required to pass under this ordinance;

h.

Issue permits regulating the erection and use of tents for periods not to exceed ten days for specific purposes such as: temporary carnivals, circuses, churches, charities, or charitable uses, and revival meetings which are not detrimental to the public health, safety, morals, comfort, convenience, or general welfare; provided, however, that said tents or operations are in conformance with all other ordinances and codes of the village.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 20-06-03, 6-15-2020)

Editor's note— Ord. No. 01-04-01, adopted April 23, 2001, repealed section 302.0, which pertained to the zoning board of appeals and derived unamended from the original zoning regulations.

The planning and zoning commission as established under the provisions of the Illinois State Statutes, and other village ordinances is the planning and zoning commission referred to in this ordinance.

303.1

Jurisdiction. The planning and zoning commission shall discharge the following duties under this ordinance:

a.

Review all applications for special uses and amendments to this ordinance (text or map) and report said findings and recommendations to the village board in the manner prescribed in this article for amendments and special uses;

b.

Receive from the code official his/her recommendations as related to the effectiveness of this ordinance and report its conclusions and recommendations to the village board not less frequently than once a year.

c.

Review all recommendations for approval of non-listed uses and report findings and recommendations to the village board of trustees.

d.

Hear and decide matters on which it is required to pass under this ordinance.

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

The village board shall discharge the following duties under this ordinance:

a.

Receive recommendations on all applications for amendment to the zoning ordinance (text or map) from the planning and zoning commission and determine final disposition of any such matter.

b.

Receive recommendations from the planning and zoning commission relating to applications for special use and planned developments, and determine the final disposition of any such application, and

c.

Decide all matters upon which it is required to pass under this ordinance.

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee unless the application for such permit has been examined by the code official and has affixed to it his certificate, indicating that the proposed building or structure complies with all the provisions of this ordinance. Any permit or certificate of occupancy, issued in conflict with the provisions of this ordinance shall be null and void.

305.1

Plats. Every application for a zoning certificate shall be accompanied by:

a.

Ten copies of a current plat of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions and monumenting, as certified by a "registered Illinois land surveyor", as a true copy of the piece or parcel lot, lots, block, or blocks, or portions thereof, according to the registered or recorded plat of such land; and

b.

Ten copies of additional drawings drawn to a scale in such form as may, from time to time, be prescribed by the code official showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure, or land, and such other information as may be required by the code official for the proper enforcement of this ordinance.

c.

Ten copies of a landscape plan defining the size, location and species of plant material and other landscape materials.

d.

The code official may, in those cases where in his judgment the information is not necessary because of existing evidence in Village record, waive all or portions of the requirements or paragraphs a., b., and c. above.

305.2

Occupancy certificates. No building or addition thereto constructed after the effective date of this ordinance, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date of this ordinance, shall be used for any purpose until a certificate of occupancy has been issued by the code official.

No change in a use shall be made until the code official has issued a certificate of occupancy. Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this ordinance.

305.3

Application for occupancy certificate. Every application for a building permit or a zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the code official.

305.4

Issuance of occupancy certificate. No occupancy certificate for a building, or portion thereof, constructed after the effective date of this ordinance, shall be issued until construction has been completed and the premises inspected and certified by the code official or his designee to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building or addition thereto, constructed after the effective date of this ordinance, shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the code official or his designee to be in compliance with all applicable standards. Pending the issuance of regular certificate, a temporary certificate may be issued to be valid for a period not to exceed 60 days from its date during the completion of any addition or during partial occupancy of the premises. The occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the code official is notified in writing that the building or premises are ready for occupancy.

The planning and zoning commission, after a public hearing, may vary the regulations of this ordinance in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where such planning and zoning commission makes finding of fact in accordance with the standards hereinafter prescribed, and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this ordinance.

306.1

Application for variation and notice of hearing. An application for a variation shall be filed in writing with the code official. The application shall contain such information as the planning and zoning commission may, by rule, require. Notice of the public hearing will be provided by the applicant in the manner set forth in section 350.0 of this article. The planning and zoning commission shall submit its decision in writing within 30 days from the date of the public hearing of the variation, or it shall be deemed to have been denied.

306.2

Standards for variance. The planning and zoning commission shall not vary the regulations of this ordinance, unless it shall make findings based upon the evidence presented to it in each specific case that:

a.

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.

b.

The conditions upon which an application for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property within the same zoning classification.

c.

The purpose of the variation is not based exclusively upon a desire to increase financial gain.

d.

The alleged difficulty or hardship is caused by this ordinance and has not been created by any persons presently having interest in the property.

e.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

f.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

The planning and zoning commission may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section and the objectives of this ordinance.

306.3

Authorized variations. Variations from the regulations of this ordinance shall be granted by the village board only in accordance with the standards established in section 306.2 above, and may be granted only after a public hearing has been held before the planning and zoning commission and a written report has been presented to the village board from the planning and zoning commission of its recommendations and findings of fact. The following items are not to be considered authorized variations under this section:

(1)

Land use changes to allow a use that is not a permitted use in the zoning district where the property is located.

(2)

Zoning map changes.

(3)

Special use permits.

No order of the village board granting a variation shall be valid for a period longer than six months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 04-01-05, 1-12-2004; Ord. No. 09-07-03, 7-27-2009; Ord. No. 12-06-05, 6-25-2012)

An appeal may be taken to the planning and zoning commission by any person, firm, or corporation, or by an office, department, board, or bureau aggrieved by a decision of the code official.

Such an appeal shall be taken within 45 days after the decision of the action complained of, by filing with the code official and with the planning and zoning commission, a notice of appeal specifying the grounds thereof. The code official shall forthwith transmit to the planning and zoning commission all of the papers constituting a record upon which the action appealed from was taken.

307.1

Findings on appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the code official certified to the planning and zoning commission, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed unless otherwise by a restraining order which may be granted by the planning and zoning commission or by a court of record on application, on notice of the code official and on due cause shown.

The planning and zoning commission shall select a reasonable time and place for the hearing of the appeal and notice of the hearing on the appeal will be provided by the applicant in the manner set forth in section 350.0 of this article. The board shall reach its decision within 30 days from the date of the public hearing of the appeal. The board may affirm or may reverse, wholly or in part, or modify the order, requirement, decision or determination that, in its opinion, ought to be done and to that end, shall have all the powers of the officer from whom the appeal is taken. The code official shall maintain records of all actions of the planning and zoning commission relative to appeals.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 09-07-03, 7-27-2009)

For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the village board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this ordinance or amend district boundary lines provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

308.1

Initiation of amendment. Amendments may be proposed by any governmental, body or by any person or organization.

308.2

Application for amendment. An application for amendment shall be filed with the code official in such form and accompanied by such information as required by the code official. Such application should be forwarded to the planning and zoning commission for review, public hearing, and written recommendation thereon to the village board of trustees.

308.3

Hearing on petition. Within 30 days of receipt of any application for rezoning, the planning and zoning commission shall hold a public hearing on such application at a time and place as shall be established by legal advertisement (notice of hearing) by the planning and zoning commission. The hearings shall be conducted and a record of the proceedings shall be preserved in such manner, as the village board shall, by rule, prescribe.

308.4

Notice of hearings. Notice of the public hearing will be provided by the applicant in the manner set forth in section 350.0 of this article.

308.5

Findings of fact and recommendation of the planning and zoning commission. The planning and zoning commission shall make written findings of fact and shall submit it together with its recommendations to the village board for finalization. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

a.

Existing uses of property with the general area of the property in question;

b.

The zoning classification of property with the general area of the property in question;

c.

The suitability of the property in question to the uses permitted under the existing zoning classification;

d.

The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place in its present zoning classification;

e.

Conformance to municipal plans;

f.

Adequacy of community facilities;

g.

Effect on the natural environment: and

h.

The public benefit to be derived.

The planning and zoning commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant; and that either the proposed amendment will correct an existing error or changing conditions make the proposed amendment necessary. The planning and zoning commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph, the estate residential (E-R) district shall be the highest classification and the I-2 district shall be considered the lowest classification.

308.6

Action by the village board of trustees.

a.

The village board shall not act upon a proposed amendment to this ordinance until it shall have received a written report and recommendation from the planning and zoning commission on the proposed amendment.

b.

The village board may grant or deny any application for an amendment; provided, however that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 51 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 51 percent of the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds of the trustees then holding office.

c.

An application for a proposed amendment shall be acted upon finally by the village board within 90 days of the date the village board receives the planning and zoning commission recommendation, unless such time is extended by mutual consent of the village board and petitioner.

308.7

Effect of denial of amendment. No application for a map amendment which has been denied by the village board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the planning and zoning commission and the village board.

308.8

Repeal of amendment. In any case where a change of boundary lines of the zoning district map has been created, and where no development has taken place within 1½ years, the planning and zoning commission may hold a public hearing, after notice of public hearing has been given, and recommend to the village board that such zoning be affirmed of repealed and rezoned to its most appropriate district classification.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 09-07-03, 7-27-2009)

The development and execution of this ordinance is based upon the division of the community into districts within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such special use falls into two categories:

a.

Use publicly operated or traditionally affected with a public interest, and

b.

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. Planned developments are considered in this category.

309.1

Initiation of special use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, which is specifically enforceable may file an application to use such land for one or more of the special uses provided for in this ordinance in the zoning district in which the land is located.

309.2

Application for special use. An application for special use shall be filed with the code official on a form prescribed by the code official. The application shall be accompanied by such plans and/or data prescribed by the planning and zoning commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in section 309.5 hereinafter. Such application shall be forwarded from the code official to the planning and zoning commission with a request to review said application and accompanying data, conduct a public hearing hereon, and submit written recommendations, thereon to the village board of trustees.

309.3

Hearing on application for special use. Within 30 days of receipt of any application for a special use, the planning and zoning commission shall hold a public hearing on the application, at a time and place as shall be established by legal advertisement (notice of hearing) by the planning and zoning commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner, as the village board shall, by rule, prescribe from time to time.

309.4

Notice of hearings. Notice of the public hearing will be provided by the applicant in the manner set forth in section 350.0 of this article.

309.5

Findings of fact and recommendations of the planning and zoning commission. The planning and zoning commission shall make written findings of fact and shall refer to any exhibits containing plans and specifications for the proposed special use, which shall remain a part of the permanent record of the planning and zoning commission. The planning and zoning commission shall submit it together with its recommendations to the village board for final action. The planning and zoning commission shall recommend no special use, unless such commission shall find:

a.

That the establishment, maintenance, or operation of the special use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare.

b.

That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.

That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.

That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood.

e.

That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

f.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

g.

That the special use shall, 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 planning and zoning commission.

309.6

Terms of relief conditions and guarantees. Prior to the granting of any special use, the planning and zoning commission shall in a conclusion or paragraph, separate from the findings of fact, stipulate the terms of relief recommended.

The planning and zoning commission may also stipulate any conditions, and restrictions, upon the establishment, location, construction, maintenance, and operation of the use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and recommendations specified in section 309.5 above. In all cases in which special uses are recommended, the planning and zoning commission may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection herewith are being and will be complied with.

309.7

Action by the village board of trustees.

a.

The village board shall not act upon a proposed special use permitted under this ordinance until it shall have received a written report and recommendation from the planning and zoning commission on the proposed special use.

b.

The village board may grant or deny, by ordinance or resolution, any application for special use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements of section 309.5.

c.

In all cases where the village board permits the establishment of a special use, the terms of the relief granted shall be specifically set forth in the ordinance or resolution in a conclusion.

309.8

Revocation. Special use permits (SUPs) shall be subject to periodic review. When the code official or his designee shall report to the planning and zoning commission any SUP which appears to be in violation of the conditions of the SUP and which have not been responsive to directives to correct the violations, the code official may request a public hearing before the planning and zoning commission to consider whether such SUP shall be recommended for termination to the board of trustees.

Any special use permit (SUP) may be revoked when:

a.

There is a departure from the plans, specifications, or conditions as required under the terms of the permit;

b.

The SUP was procured by false representation or was issued by mistake, or

c.

Any provisions of section 309.7b. are being violated.

Such revocation shall be in writing and shall be served on the holder(s) of the SUP personally or by certified mail. The holder(s) of the SUP shall have the right to appeal the revocation to the planning and zoning commission. Such appeal shall be filed with the code official within 15 days of service of the revocation.

309.9

Amendments. Changes to an authorized special use permit shall be administered pursuant to sections 309.1—309.7 of this article including the appropriate public hearing, unless the proposed changes may be construed and approved as a "minor" change pursuant to this section. Proposed changes which would otherwise be variations shall be deemed major changes.

"Minor" changes may involve, but are not specifically limited to, previously approved conditions such as:

i.

Landscaping.

ii.

Fencing.

iii.

Exterior lighting.

iv.

Signage that does not increase the size and/or area which was previously approved by the special use permit.

v.

Exterior building architecture changes that may be demonstrated and construed to be an improvement over the initial special use approval.

Application for a minor change shall be made to the economic development director who shall review the request, advise the applicant whether or not it may be considered further as a minor change and the reasons therefor, and forward a report to the village board.

The matter shall be referred to a standing committee of the village board which shall review the request and either forward to the village board for consideration of approval with any recommended additional conditions or determine that the request is not a minor change based upon the specific facts and circumstances of the original special use permit approval. Any change determined not to be a minor change shall be deemed a major change which shall require a public hearing before the planning and zoning commission and subsequent approval by the village board.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 09-07-03, 7-27-2009; Ord. No. 12-01-02, § 2, 1-9-2012)

This section is intended to provide the method by which tracts of land may be developed as a planned unit development rather than by a lot by lot basis as provided in the districts within the zoning ordinance. It is intended to provide a maximum of design alternatives by permitting the developer an opportunity to more fully utilize the physical characteristics of the site through the reduction of lot sizes, increased residential or commercial density, variances to density, yard, height and bulk restrictions, and the planned mixing of land uses. Through the requirement of a preliminary development plan, it is the intention of the village, that property under this ordinance will be developed through a unified design providing contiguity between the various elements causing a better built environment. Increased residential densities may be permitted if such increases are the result of a design, which does not result in the lessening of underlying ordinance's intent. This section should not be used as a means of evading the development ordinances or regulations of the village, but should be employed in instances where there is a derived benefit to the village. The terms "applicant" and "petitioner" are used interchangeably in this section.

To establish standards and procedures for planned development, in accordance with the following objectives:

a.

To allow variety and flexibility in land development necessary to meet changes in land use development, non-conforming property characteristics due to annexation and historical property use, technology and demand, consistent with the best interest of the village.

b.

To allocate, maintain and preserve common open space, recreation areas and facilities; to offer neighborhood recreational opportunities; to enhance neighborhood appearance through the conservation of natural resources.

c.

To provide a maximum choice in the types of environment available by permitting a development that would not be allowable by other methods.

d.

To allow a pattern of development preserving natural vegetation, topographic and geologic features, air and water quality, and other natural resources.

e.

To provide a creative approach to the use of land and related physical facilities allowing an aesthetic development and design plan.

f.

To provide efficiencies in the use of land when locating, streets, public grounds, buildings and other public facilities.

g.

To provide for land uses which promotes the public health, safety, comfort and welfare.

h.

To permit innovations in residential, commercial and industrial land use design so the needs of the community may be met by allowing greater variety in type, design and planning.

The planned development is intended to provide for developments incorporating a single, or a multiple of related uses, planned and developed as a unit. Such development may consist of conventionally subdivided or a planned development in keeping with the purpose of the plan.

310.1

Application procedures. The procedures for all planned unit developments are set forth herein.

310.2

Pre-application conference. Prior to filing a formal application for approval, the petitioner is encouraged, but not required, to request a pre-application conference with the planning and zoning commission. Any request for a pre-application conference shall be submitted to the chairman of the planning and zoning commission, community development director, or village administrator. No such conference shall be binding upon the village. The purpose of the pre-application conference is to advise and assist the petitioner before presentation of the tentative or preliminary development plan, so that the petitioner may determine:

(A)

Whether the proposed development appears in general, to be in compliance with provisions of the proposed zoning district and other applicable ordinances;

(B)

Whether any zoning amendment or variance is required;

(C)

Whether the proposed planned development will be in conformance with the comprehensive land use plan of the village.

The pre-application conference is highly recommended but not mandatory.

310.3

Submittal of development plans. Tentative and preliminary development plans shall be submitted 60 days prior to a regularly scheduled plan commission meeting and a final development plan shall be submitted 30 days prior to a regularly scheduled plan commission meeting.

310.4

Requirements. Application for a planned development shall be executed by or on behalf of the landowner and filed with the community development department in both hard copy and in acceptable digital format. Three hard copies of the application and development plan, as well as two external USB hard drives containing all application documents shall be submitted. After review by the community development department, additional hard and digital copies of the plans shall be provided by the petitioner for distribution as requested. A filing fee in the amount of $1,000.00, along with a retained personnel escrow fee in the amount of $3,500.00, shall accompany the application, together with the following information unless determined not to be necessary by the community development director:

a.

Ownership: The entire land area of the planned unit development shall be under single ownership or unified control and the parcel or parcels must be suitable, under this and other ordinances, for unified development.

b.

Minimum size: The site of the planned development shall be not less than: two acres for residential developments; three acres for commercial developments; five acres for industrial developments; and three acres for mixed use developments, unless review by the village determines that the planned development provides benefits to the village that allow for further consideration of site size less than provided in this section.

c.

Uses: The planned development may include uses permitted within the underlying zoning district of the proposed development, but may also include a mixture of uses permitted in other zoning districts, provided that the uses proposed for the planned development shall be of a type and location that meet the standards for rezoning as otherwise provided in the Zoning Code. In addition, all uses within the planned development shall be compatible with each other.

d.

Names and addresses to whom notices of a public hearing hereunder shall be sent, including the property owner, the petitioner, and the owners of the land within 250 feet of the planned development.

e.

A land use plan for the entire planned development showing the boundaries of the proposed development; the plans for the future development of adjacent properties if any; and the types and location of proposed land uses and structures. Any residential use area shown four on the plan shall show the proposed number and type of dwelling units, and the densities by type, during each phase of the planned development. Any commercial uses shall also be shown on the plan by the proposed number of units during each phase of the planned development. Architectural drawings and colored renderings shall be provided, showing the land planning design for each proposed residential type of housing unit and for proposed commercial buildings. More detailed information may be required for that part of the plan intended for initial development.

f.

A legal description of the property.

g.

A written description of the general character of the proposed development including:

1.

The description and quantity of all land uses to be included in the development, with maximum and minimum percentage limitations for each use;

2.

The proposed amount of land to be used for open space, recreational, governmental, and municipal purposes;

3.

The projected type, location, number and densities of dwelling units to be constructed in each phase of the total development;

4.

A description of each type of residential, commercial or industrial unit proposed to be constructed;

5.

The estimated population by housing types, by location; and by school district, projected to completion of the development.

h.

A preliminary engineering study locating and providing a general description of proposed and existing sanitary sewer and stormwater pipes, detention or retention stormwater facilities, on or adjacent to the proposed development; any proposed improvements required to be constructed including roadways, street or parking lot lighting, sidewalks, open areas and any additional information requested by the village engineer.

i.

A traffic study or letter prepared by a qualified expert, providing a general description of existing roads on and adjacent to the proposed development and the proposed road improvements necessary for the planned development. A circulation diagram, if necessary, indicating the proposed movement of vehicles, goods and pedestrians within the planned development and to and from existing thoroughfares and indicating any special engineering features and traffic regulation devices needed to insure the safety of persons and property. The requirement to submit a traffic study or letter regarding traffic may be waived by the village for smaller developments in the village's discretion.

j.

A proposed construction schedule showing the number of dwelling units, or other existing or proposed structures, to be constructed and amount of square feet of commercial property to be ready for occupancy during the period of development, including the following;

1.

The starting and completion date of each stage of construction.

2.

The rate of development.

3.

The area and location of recreational and common open space that will be provided at each stage of development.

k.

A description of the requested modifications, exceptions and variances of and from this ordinance and the village's subdivision control ordinance.

l.

Architects' renderings of front, side, and rear elevations of primary and accessory buildings. Such drawings should be of sufficient detail to permit an understanding of the proposed character of development. The applicant may be required to provide the village with samples of proposed materials.

m.

Adequate evidence in the form of a market research report, or its equivalent, to establish the economic need for a proposed development.

n.

A statement of information identifying existing natural and environmental resources on the planned development site if requested by the state or village.

o.

A policy statement by the applicant setting forth basic plans and procedures which will be used to insure protection of the natural and environmental resources of the development and surrounding areas when new structures are proposed and/or when such resources are existing on the subject property. The statement should identify and locate on one or more exhibits, and include the following environmental factors:

1.

A soil analysis including soil types, code numbers, limitations for urbanized areas, conservation and agricultural productivity, soil wetness and erosion potential.

2.

Any reports of historical or environmental information required by the state or county.

3.

Surface hydrology report identifying existing surface drainage patterns; topology, major and minor water sheds, flood limits of record with elevations as set forth in the hydrological investigations atlas numbers published by the United States Geological Survey.

4.

Geology report identifying surficial geological deposits; a statement of their characteristics and limitations prepared pursuant to the recommendations and published data of the Illinois Geological Survey, and other mapping data and analysis of subsurface conditions as required by the village engineer.

5.

Natural coverage and vegetation report, showing marshes, bogs, wooded areas, preservable trees; natural prairie, rock outcroppings, existing pastureland, crop land, orchards and other agricultural uses, areas of sand, gravel, or pest extraction and any unique natural or ecological sensitive area.

6.

Existing development report, indicating the generalized pattern of land use, major highways, collector streets, minor streets, sidewalks, railroads, sanitary sewers, storm sewers and drainage improvements, water mains and associated utility improvements, designated landmarks and historical areas, sites and structures.

7.

Current ground elevations: Contours shall be at least two-foot intervals and spot elevations at all breaks in grade along all selected points not more than 100 feet in all directions.

p.

If determined necessary by the village, a written statement signed by the petitioner outlining and describing in detail the method by which the applicant proposes to regulate land use and insure development of the proposed planned development in accordance with the requirements of the planning and zoning commission and the village board. Such statement may include:

1.

A draft of proposed covenants and restrictions required by the village or otherwise, that are intended to be filed in the office of the Recorder of Deeds of Lake County prior to disposition of any land in the planned development. The village may require such covenants and adequate provisions to assure proper maintenance and repair of all areas and facilities under common ownership such as stormwater management facilities, including the payment therefore and enforceability thereof by or on behalf of the village.

q.

A statement of the present ownership of all the land within the planned development. If a trustee owns the land, the applicant shall provide a list of all beneficial owners, their addresses and a copy of the trust agreement.

310.5

Public hearings. The planning and zoning commission shall hold a public hearing on the application for a planned development and tentative plan or preliminary plan. Notice of the public hearing will be provided by the applicant in the manner set forth in section 350.0 of this article.

310.6

Planning and zoning commission action. Within 45 days after the close of the public hearing, the planning and zoning commission shall recommend to the village board recommending approval, modification or disapproval of the tentative and/or preliminary plan of the planned development and setting forth:

a.

In what respect the proposed plan is, or is not, consistent with the stated purpose of this ordinance.

b.

The extent to which the proposed plan meets the standards and requirements of this ordinance.

c.

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

d.

The nature and extent of the common open space in the planned development, the ability to maintain and conserve the common open space and the adequacy or inadequacy of the amount and function of the common open space in terms of the densities and dwelling types proposed in the plan.

e.

The manner in which said plan does or does not, make adequate provision for public services, provide adequate control over vehicular traffic and further the enjoyment and increase of light, air, and visual use.

f.

The relationship and compatibility, beneficial or adverse of the proposed plan to the adjacent properties and neighborhood.

g.

The desirability or undesirability, of the proposed plan for the physical development, the broadening or lessening of the tax base and the economic well-being of the village.

h.

The conformity or nonconformity, to the comprehensive plan of the Village of Round Lake Beach.

i.

In the case of a plan, which proposes development over a period of years, the sufficiency of the proposed conditions guaranteeing the village, public and residents of the development, that the development shall be commenced, continued and completed in accordance with the plan.

310.7

Village board action. The village board after receipt of the tentative and/or preliminary development plan(s) of the planned unit development, shall approve, modify or disapprove such plan. The village board may require such special conditions, as it may deem necessary to insure conformity with the intent and purpose of the village ordinance.

Upon approval by the village board of the preliminary or final development plan by an ordinance, a record shall be prepared setting forth the terms of relief and/or variances granted from the existing ordinances in general. If practical, variances from the village's subdivision ordinance may also be included. Approval of a tentative and/or preliminary planned development plan shall not constitute approval of the final plan.

(Ord. No. 22-03-02, 3-21-2022)

Editor's note— Ord. No. 22-03-02, adopted March 21, 2022, repealed the former § 310.0, and enacted a new § 310.0 as set out herein. The former § 310.0 pertained to special use planned developments and derived from Ord. No. 01-04-01, adopted April 23, 2001; Ord. No. 06-02-04, adopted Feb. 13, 2006; Ord. No. 09-07-03, adopted July 27, 2009).

The purpose of the preliminary plan is to provide a transition between tentative and final plan. The petitioner may provide specific information regarding that portion of the planned development.

311.1

Requirements. Application for preliminary plan approval of a planned development shall be filed with the community development department in both hard copy and in acceptable digital format. Three hard copies of the application and development plan, as well as two external USB hard drives shall be submitted. After review by the community development department, additional hard and digital copies of the plans shall be provided by the petitioner for distribution preliminary plans shall be submitted for all or specified development phases of the planned development. In considering the approval of a preliminary plan, no further public hearings shall be required except when "major changes" are made from the development plan as defined in section 329. The following information, dependent on the type and extent of the proposed development, shall be required for all preliminary plans:

A.

A boundary survey and legal description of the areas prepared and certified by a Registered Illinois Land Surveyor, showing thereon the total acreage to the point and the date of preparation.

B.

A topographical survey of the area at two-foot contour intervals.

C.

The following shall be of the area plus 300 feet in all directions:

(1)

A map showing the existing comprehensive plan designation, zoning and land use of the proposed site and adjacent properties.

(2)

A detailed drawing prepared at a scale of not less than one inch equals 200 feet (1":200') showing:

(a)

Buildings, building height and use, common open space, recreational areas and facilities, parking area, service areas, and other proposed development.

(b)

Existing and proposed public and private road classifications, width of right-of-way, width of pavement and construction details.

(c)

Existing easements and proposed easements.

(d)

Density of residential uses, including dwelling units per acre, the number of building and dwelling units by type.

(3)

A schematic plan of existing and proposed utilities drawn at a scale of not less than one inch equals 200 feet (1":200') showing:

(a)

Sanitary and storm sewer systems.

(b)

Water-supply systems.

(c)

Street lighting and public area lighting systems.

(d)

A landscape plan.

(4)

A time schedule of the proposed development of the area.

(5)

An explanation of the character of the area covered by the preliminary plan and the reasons why it is suitable for a planned unit development.

(6)

Proposed agreements, provisions or covenants which will govern the use, maintenance and protection of the planned development and any of its common open space, recreational areas and facilities.

(7)

Information on the type and amount of ancillary and non-residential uses in a residential development, including the amount of common open space, recreational areas and facilities.

(8)

If requested by the village engineer, the applicant shall supply the sub-surface conditions of the area, sub-surface soil, rock, groundwater conditions and depth to ground water.

(9)

Present tract designation including book and page, if available, according to official records of the Recorder of Deeds of Lake County.

(10)

Title under which the proposed development is to be recorded. Names and addresses of owners.

(11)

Architectural renderings of the proposed structures within the area.

(12)

Estimate of the cost of installation of all proposed public improvements confirmed by a registered Illinois engineer.

311.2

Time limitations for submission of preliminary plans. The first preliminary plan of the proposed planned development shall be submitted for approval within 12 months after adoption by the village board of the tentative development plan, provided that upon request in writing the village board may by resolution extend said time period.

If the first preliminary plan shall cover less than all of the planned development, preliminary plans for additional areas of the planned development may be submitted to the village board within such period of time as shall have been prescribed in the approval of the application for establishment of the planned development, which shall not be more than ten years after the adoption by the village board of the tentative development plan and provided further, that upon request in writing, the village board may by resolution extent the said period of time.

311.3

Status of approved preliminary plan: Approval of a preliminary plan shall not constitute approval of the final plan nor qualify a plat of the planned development for recording. A preliminary plan which has been granted approval as submitted or approval with conditions or modifications, shall not be modified or revoked nor otherwise impaired by action of the village pending an application for final approval without the consent of the petitioners, provided that application for final approval is filed within the time or times specified in the resolution granting preliminary approval or extension thereof. In the event that a plan is given preliminary approval and thereafter, but prior to final approval, the petitioner shall choose to abandon such plan and notify the community development department in writing or fail to file an application for final plan approval within the required time period or any extension thereof, the preliminary plan approval shall be deemed revoked and all that portion of the area included in the plan for which final approval has not been given, shall be subject to all applicable ordinances. No building permit shall be issued for any structure until after the village board approves the final plan.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 22-03-02, 3-21-2022)

a.

Submission with preliminary plans: When a preliminary plan for a portion of the planned development is submitted for approval, it shall be the obligation of the petitioner of such portion to cause the developer of the planned development to prepare and submit to the village with such preliminary plan, an updated land use plan for those areas in the planned development for which preliminary plans have not been submitted for approval.

b.

Annual submissions: When no updated land use plan for the planned development has been submitted for one year, the petitioner of the planned development shall, unless the village board waives such obligation by a resolution or motion, prepare and submit to the village a land use plan for those areas in the planned development for which preliminary plans have not yet been submitted for approval.

(Ord. No. 22-03-02, 3-21-2022)

The purpose of the final development plan is the following:

a.

Designate the land subdivided into lots, or lots subject to consolidation.

b.

Designate the division of other lands into common open and building areas.

c.

Designate and limit the specific use of the land, the buildings, and structures thereon.

313.1

Requirements: The components of the final plan of the planned development are dependent on the type and extent of the proposed development but shall conform to the preliminary plan documents as approved. The final plan may be submitted in stages with each stage being a portion of the approved preliminary plan, which is to be developed and recorded; each such portion shall conform to all requirements of this ordinance. After review of the final plan and supporting data, the planning and zoning commission shall approve or disapprove the plan within 60 days after filing. Disapproval of the final plan of a planned development shall include a statement of the reasons thereof. The required procedure for approval of the final plan of a planned development shall be as follows:

a.

Application for final plan approval shall be filed with community development department in both hard copy and in acceptable digital format. Three hard copies of the application and final development plan, as well as two external USB hard drives, shall be submitted. After review by the community development department, additional hard and digital copies of the final plan and supporting data shall be filed with the village clerk and forwarded by the clerk to the planning and zoning commission for certification that the final plan is in conformity with this ordinance and in agreement with the approved preliminary and tentative plans.

b.

Final plans for all or part of the planned development shall be submitted to the village clerk. There shall be no minimum acreage requirement with respect to final plans. Approval of final plans may not be withheld for any reason that would be inconsistent with the approved preliminary tentative development plan. In considering the approval of the final plan, no further public hearings shall be required to approve any changes from the preliminary plan.

c.

Within 12 months after approval of the preliminary development plan, the petitioner shall submit a final plan for approval to the planning and zoning commission.

d.

If the planned development constitutes a subdivision or consolidation of lots, a final subdivision plan shall be submitted. Any such final subdivision plan shall, if determined by the village, set forth suitable dedications of permanent open and recreational space to be owned in common, rights-of-way and other requirements of the ordinances and statutes, as may be in force from time to time.

e.

The final plans shall be filed indicating the locations of all buildings, parking and loading spaces and any other special structure, facility or feature approved or required by the village board.

f.

The final version of the covenants, if any, by which the petitioner proposes to regulate land use and otherwise protect the planned development, accompanied by the written representation and warranty of the petitioner, in form and substance satisfactory to the village attorney, to the effect that the owner of the real property which is the subject of the proposed planned development has not sold or otherwise disposed of any interest in said property and will not sell, or otherwise dispose of any such interest prior to the filing for record of said covenants in the office of the Recorder of Deeds of Lake County, Illinois.

g.

Such deeds or easement agreements, if any, are required or approved by the village board, shall be filed in form and substance approved by the village attorney, conveying ownership in the parcels within the proposed planned development which are to be subject to public or common ownership.

h.

Submitting a copy of the articles of incorporation of the homeowner's, merchant's, or industrial owners' association if any, and a complete copy of the association's bylaws, along with a certificate of good standing issued by the Secretary of the State of Illinois.

i.

Approval by the village board of the final plan for any proposed planned development shall be effective only for a period of 60 days after the date of such approval, unless within such 60 days the petitioner shall record, or cause to be recorded, with the Lake County Recorder of Deeds the final plan including any final subdivision plan, the final restrictive covenants and the deeds and/or easement agreements required or approved by the village board.

j.

All drawings shall be prepared in such detail as may be required by the village, including but not limited to the following, in accordance with the approved preliminary plan:

(1)

Sanitary and storm sewer systems.

(2)

Water supply system.

(3)

Street and public area lighting systems.

(4)

Sidewalks, roadways, utilities, parking areas, trails, and paths.

k.

Estimate of the cost of installation of all proposed public improvements confirmed by a registered Illinois engineer.

(l)

A plan or report shall be prepared by the petitioner and shall evaluate in general terms the impact of the proposed development on the natural environment. The report shall identify the following:

(1)

The final version of the developer's policy toward maintaining the natural environment.

(2)

An analysis of the existing environment prior to the proposed plan. Consideration should be given to the following factors:

(a)

Unique physical features of the land such as soil stability, erosion and ground contours.

(b)

Scenic views and vistas.

(c)

Drainage, run-off of surface water, groundwater and flood plains.

(d)

Air quality.

(e)

Areas underlain by sand and gravel aquifers.

(f)

Vegetation.

(g)

Wildlife.

m.

Final architectural renderings and façades of all proposed primary structures.

n.

A certificate furnished by the county collector that no delinquent taxes against the property and all special assessment constituting a lien on the whole or any part of the property of the planned unit development have been paid.

(Ord. No. 22-03-02, 3-21-2022)

In granting or withholding approval of the tentative development plan, preliminary plans and final plans, the planning and zoning commission and the village board shall be guided by the requirements of this ordinance and the following standards, dependent on the type and extent of the proposed development:

a.

All plans shall be so designated that the public health, welfare and safety shall be preserved.

b.

The proposed development shall be such that it does not cause substantial injury to the value of other property in the immediate area.

c.

All plans shall provide for protection of both the aesthetics and function of the natural environment, shall include but not be limited to conditions pertaining to flood plains, soil and geologic characteristics, air quality and preservation of vegetation.

d.

All plans shall provide for and insure the preservation of adequate recreational facilities and common open space.

e.

Residential use areas, depending on size, shall attempt to represent a variety of housing types and densities necessary to achieve a balanced neighborhood.

f.

The planned development, depending on size, shall attempt to include land area necessary to accommodate cultural, educational, recreational and other public and quasi-public activities necessary to serve the needs of the residents thereof.

g.

The proposed development shall provide for the orderly and creative arrangement of all land uses with respect to each other and to the entire village.

h.

Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units and to all project facilities and off-site destinations likely to attract substantial pedestrian traffic. Walkways, when used by a substantial numbers of children as play areas or routes to school or other principal destinations, shall be so located and safeguarded as to minimize contacts with normal automobile traffic. Street crossings shall be held to a minimum on such walkways, located and designated to promote safety, appropriately marked and otherwise safeguarded. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated in the walkway system. Pedestrian ways appropriately located, designed and constructed may be combined with other easements and used by emergency or service vehicles, but shall not be used by other automotive traffic.

(1)

Access for pedestrians and bicycles shall be arranged to provide safe and convenient routes and need not be limited to the vehicular access points. When pedestrian access points do not occur at street intersections, they shall be marked and controlled and when such ways are exposed to substantial vehicular traffic at the edges of a district. Fences or other barriers shall be erected and maintained to prevent crossings except at designated points. Bicycle paths, if provided, shall be so related to the pedestrian-way system that street crossings are combined.

(2)

Screening: Fences, walls or vegetation screening up to a maximum height of six feet, shall be provided along the edges of the planned development where necessary to protect off-site and on-site residents from undesirable first floor window views, lighting, noise, or other potential negative impacts from the planned development.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 22-03-02, 3-21-2022)

All planned developments shall be developed in strict compliance with the recorded final plan and supporting data. All final plans and covenants filed and recorded hereunder shall be contractual undertakings by, and shall be binding upon the applicant therefore, the owners of the land covered by such planned development, their successors and assigns, and shall limit and control the construction location and use and operation of all land in such planned development and all improvements and structures to be located thereon.

a.

The village board shall consider a planned development to be subject to revocation following a hearing before the village board if construction falls more than two years behind the schedule filed with the final plan or exceeds 12 years. The developer shall be notified at least 90 days prior to any revocation hearing.

b.

Upon approval by the village board of a planned development, no major changes may be made to the final plan as approved unless such changes are made pursuant to a new and separate application for a planned development.

c.

No planned development, or any portion thereof, may be occupied until such time as a certificate of zoning compliance has been issued by the community development director or village administrator certifying that the public improvements and infrastructure for the development or a stage of the development, if applicable, has been completed in compliance with the final plan as approved.

(Ord. No. 22-03-02, 3-21-2022)

The planning and zoning commission may recommend and the village board may authorize specific uses permitted in part of the area of a proposed planned development, which are not permitted by the use regulations of the district in which said development is located provided that the planning and zoning commission shall find;

a.

That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the planned development.

b.

That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.

c.

Such use exceptions shall not exceed 50 percent of the total site land area, provided however, no residential use shall be permitted in industrial development.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 22-03-02, 3-21-2022)

In the case of any planned development, the planning and zoning commission may recommend and the village board may authorize exceptions to the applicable bulk regulations of the Round Lake Beach Zoning Ordinance within the boundaries of such planned development provided that the planning and zoning commission shall find the following:

a.

That the exception shall be for the purpose of promoting an integrated site plan which is beneficial to the residents or occupants of such development as well as the neighboring property.

b.

That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which said development is located.

c.

That in a residential planned development, the maximum number of dwelling units per gross residential acre shall not exceed ten units per acre.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 22-03-02, 3-21-2022)

The planned development may include minimum lot acreage per dwelling unit smaller than those normally required in the underlying zoning district, provided the overall number of dwelling units per acre is not increased beyond the provisions of section 317.c. above, and provided that the common open space and recreational area are in accord with section 320, below.

(Ord. No. 22-03-02, 3-21-2022)

In a residential planned development, the minimum distance between the walls of any two separate buildings over one story in height shall be as follows:

a.

Thirty feet in all circumstances, except that the minimum distance between walls, which are parallel or substantially parallel in the portions thereof, which are directly opposite to one another (measured perpendicularly) and do not exceed 15 feet in length and contain no windows shall be:

(1)

Fifteen feet for all structures below a horizontal plane 35 feet above grade and;

(2)

Thirty feet for all structures above said plane.

(Ord. No. 22-03-02, 3-21-2022)

Residential planned development areas shall include permanent common open space areas equivalent to at least 20 percent of the total residential area, and industrial and commercial areas shall include permanent common open space in an amount equivalent to ten percent of the total commercial and/or industrial areas of the planned development.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 22-03-02, 3-21-2022)

As part of a planned development approval, an organization or association, must be established as a not for profit corporation to own and maintain the provided common open space and recreational areas and related facilities of the planned development, in perpetuity. If the organization, at any time after establishment of the planned development, fails to maintain the common open space and recreation areas and related facilities in reasonable order and condition in accordance with the plan and village ordinances, the village may serve written notice upon such organization or upon the residents of the planned development setting forth the manner in which the organization has failed to maintain the space in a reasonable condition, the village may serve a notice on the organization or association that such deficiencies be cured within 30 days. If such deficiencies are not cured within said 30 days, the village may perform the work and charge the organization or association and may lien property as provided by law. The cost of such maintenance by the village shall also be assessed ratably against all of the properties within the planned development that have a right of enjoyment of the common open space and recreation space and shall, upon non-payment, be enforced by the village. In addition, the village may require in its sole discretion that a special service area be established to provide maintenance and repairs of common open space and recreation areas.

(Ord. No. 22-03-02, 3-21-2022)

Building and occupancy permits shall be required for each structure in a planned development. No building permit relating to any part of a planned development shall be issued prior to the approval of a final plat or such part of the planned development, provided, however, that subject to the approval of the village, grading and excavating operations for the site and public utilities may proceed at any time following approval of the preliminary development plan and submittal of an erosion control plan and such other plans which are required and acceptable to the village engineer.

(Ord. No. 22-03-02, 3-21-2022)

No application for a planned development, which has been denied wholly or in part by the village board, shall be resubmitted for a period of six months from the date of such denial except on proof of new evidence or proof of a change of conditions as determined by the planning and zoning commission and the village board.

(Ord. No. 22-03-02, 3-21-2022)

In any case where construction of a planned development has not been commenced within one year from the date of approval thereof by the village board, the village board, after notice to the applicant, may repeal the ordinance authorizing any such planned development.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 22-03-02, 3-21-2022)

Editor's note— Ord. No. 22-03-02, adopted March 21, 2022, repealed § 325.0, which pertained to public facilities, surety, costs, fees and charges.

Editor's note— Ord. No. 22-03-02, adopted March 21, 2022, repealed § 326.0, which pertained to guarantee deposits.

If any section, subsection, sentence, clause or phase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

Anyone who is found guilty or pleads guilty to a violation of any provision of this ordinance shall pay a fine not less than $100.00 nor more than $1,000.00. Each day that a violation continues shall constitute a separate offense.

(Ord. No. 10-02-01, 2-8-2010; Ord. No. 22-03-02, 3-21-2022)

One or more of the following changes shall be deemed to be a "major change":

a.

One which alters the concept, character or intent of the preliminary plan.

b.

One which increases residential or commercial density by more than ten percent.

c.

One which significantly increases the height of any building or structure; or alters the uses and design standards set forth as a minimum in this ordinance.

d.

One which increases non-residential floor area by more than ten percent.

e.

One which reduces the amount of common open space or recreational land.

f.

A change in the land use plan.

g.

A change in the transportation plan.

The village board may approve any change, other than a major change, without a public hearing.

(Ord. No. 01-04-01, 4-23-2001; Ord. No. 22-03-02, 3-21-2022)

350.1

Notice to be given. Notice of public hearings and meetings set pursuant to this article will be given by the village or the applicant in the form and manner and to the person(s) specified in this section.

350.2

Content of notice. All notices must include the date, time and place of the public hearing, a description of the matter to be heard, the address or particular location of the subject property, a legal description and parcel identification number of the subject property, as well as any additional information that may be required in this section.

350.3

Notices for all hearings and appeals.

(a)

In addition to the notice content requirements in subsection 350.2, the notice required pursuant to this subsection shall contain the following information:

(1)

A brief statement of the nature of the relief being requested;

(2)

The name and address of the applicant;

(3)

The name and address of the legal and beneficial owner of the property, if any, that is the subject of the application; and

(b)

The village will cause a notice to be published in a newspaper published in, or of general circulation within, the village at least once not more than 30 days and not less than 15 days in advance of the hearing date.

(c)

The applicant will deliver a notice, by certified mail, return receipt requested, or by personal delivery, to all owners of all property located, in whole or in part, within 250 feet of the subject property measured in all directions of the subject property excluding public ways and railroad rights-of-way. The notice will be mailed or personally delivered, as the case may be, not more than 30 days and not less than 15 days in advance of the hearing date. The mailing of a notice pursuant to this subsection addressed to the name and address on the most recent Lake County real estate tax records will be deemed a satisfaction of this notice by mail requirement.

(d)

The applicant will post the subject property with a ground sign of not less than three feet by four feet, stating the date, time and location of the public hearing along with a brief description of the zoning relief being sought. The sign must be located on the subject property to be visible from at least one right-of-way abutting the subject property and must be posted not more than 30 days and not less than 15 days in advance of the hearing date. The applicant must remove the sign within three days after the hearing is closed.

(e)

At or prior to the hearing, the applicant must present to the planning and zoning commission an affidavit, certification, or other satisfactory evidence, demonstrating that the applicable notice requirements of this subsection have been satisfied, in the event that the applicant fails to provide satisfactory evidence as required in this subsection, the planning and zoning commission may continue the public hearing without any further action to a date upon which the applicant provides the satisfactory evidence.

350.4

Reserved.

350.5

Additional notices for hearing on certain zoning map amendment. The sign posting requirements in subsection 350.3 shall not apply when the village is the applicant and none of the property that is the subject of the application is owned by the village when there is a comprehensive or other map amendment being considered.

350.6

Applicant responsible for notice costs. The applicant shall pay for all notice costs required under this section, including all notice delivery and publication costs handled by the village, which costs will be payable upon delivery of an invoice for the same. Failure of the applicant to promptly pay for notice costs may result in delays in processing the application until such costs are paid.

(Ord. No. 09-07-03, 7-27-2009; Ord. No. 22-03-02, 3-21-2022)