This Ordinance is known, cited, and referred to as the "City of Waukegan Unified Development Ordinance," "UDO," or "Ordinance."

A.

The City of Waukegan Unified Development Ordinance is adopted for the purpose of protecting and promoting the public health, safety, comfort, convenience, and general welfare of the residents, businesses, and visitors of the City. The provisions of this Ordinance are adopted pursuant to the authority granted to the City by the Illinois Municipal Code and Section 6 of Article VII of the Constitution of the State of Illinois. The fulfillment of this purpose will be accomplished by seeking:

1.

To protect and provide for the public health, safety, comfort, convenience, and general welfare of the residents of Waukegan, including the establishment of adequate standards for the provision of light, air, open spaces, and privacy.

2.

To guide the future growth and orderly and beneficial development of all parts of the City in accordance with the Comprehensive Plan.

3.

To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City, having particular regard to the safety of streets and highways, public transportation, the pedestrian and bicycle access to the various uses of land and buildings, and to provide for the proper locations of public and private infrastructure.

4.

To coordinate public and private policy and action in order to provide sufficient and efficient transportation, water (potable and storm), sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.

5.

To protect the existing urban forest and promote the enhancement, diversification, and nativization of landscaping, trees, and natural areas.

6.

To prevent the pollution of air, streams, lakes, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wide use and management of natural resources throughout the City in order to preserve the integrity and stability of the community and the value of land and properties.

7.

To define the powers and duties of the administrative and enforcement officers and bodies designated to administer and enforce this Ordinance.

B.

The standards and requirements contained in this Ordinance, and the district mapping reflected on the Waukegan Zoning Map, as amended from time to time, are intended to further the implementation of the objectives of the Waukegan Comprehensive Land Use Plan.

(Ord. No. 25-O-03, § 2(Exh. A), 1-6-25)

A.

Jurisdiction. The regulations contained in this Ordinance apply to all land, uses, structures, and proposed subdivisions of land located within the corporate limits of the City of Waukegan.

B.

General Applicability. The provisions of this Ordinance are interpreted and applied as the minimum requirements for the protection and promotion of the health, safety, comfort, convenience, and general welfare of the public to achieve the purposes for which this Ordinance was adopted.

C.

General Prohibition. No structure, use of any structure or land, or lot of record or zoning lot may be established, enlarged, extended, altered, moved, divided, or maintained in any manner contrary to the provisions of this Ordinance.

D.

Private Agreements. This Ordinance is not intended to nullify any easement, covenant, or other private agreement. In cases where this Ordinance is more restrictive than a private agreement, this Ordinance controls. The City is not required to enforce, and assumes no responsibility to enforce, any private agreements.

E.

Other Laws and Regulations. Unless specifically stated or preempted pursuant to authority of the state or federal government, this Ordinance controls over less restrictive ordinances, regulations, and statutes, while more restrictive ordinances, regulations, and statutes control over the provisions of this Ordinance. The more restrictive provision is the provision that imposes more stringent controls. In the event of equally restrictive but differing provisions, or a lack of clarity of the controlling provision, the most recently adopted or amended provision prevails.

F.

Enforcement. This Ordinance is primarily administered and enforced by the Zoning Administrator appointed as set forth in Section 2.02 (Zoning Administrator) of the City's Code of Ordinances. The Zoning Administrator may seek the assistance of the City's Corporation Counsel or any attorney or firm retained by the City to enjoin, abate, or stop any violation of this Ordinance. The Zoning Administrator may seek the assistance of the Building Commissioner, Police Department, or any other City department to enforce this Ordinance. The property owner charged with a violation of this Ordinance may be held responsible for any legal expenses incurred by the City.

The following transition rules apply in determining the applicability of this Ordinance with respect to the previously applicable regulations.

A.

Existing Illegal Uses, Structures, and Lots. Any use, structure, or lot that was established illegally prior to the effective date of this Ordinance set forth in Section 1.08 (Effective Date), or its subsequent amendments, remains illegal if it does not conform with the requirements of this Ordinance.

B.

Permitted Uses Rendered Conditional Uses. If a use was classified as a permitted use before the effective date of this Ordinance and is classified as a conditional use as of the effective date of this Ordinance, or its subsequent amendments, that use is deemed a lawful conditional use. Any subsequent addition, alteration, reconstruction, or expansion of that use must conform to this Ordinance's requirements for conditional uses.

C.

Conditional Uses Rendered Permitted Uses. If a use was classified as a conditional use prior to the effective date of this Ordinance and is classified as a permitted use as of the effective date of this Ordinance, or its subsequent amendments, that use is deemed a lawful permitted use. Any subsequent addition, alteration, reconstruction, or expansion of that use must conform to this Ordinance's requirements for such permitted use and the conditional use provisions under which it was originally approved. If the current use changes, it must fully conform to this Ordinance's requirements.

D.

Uses Rendered Legally Nonconforming. If a use was classified as a permitted or conditional use prior to the effective date of this Ordinance, and this Ordinance no longer classifies that use as either a permitted or conditional use in the zoning district in which it is located, that use is deemed a legal nonconforming use and is controlled by the provisions of Section 6 (Nonconformities).

E.

Structures and Lots Rendered Legally Nonconforming. If a structure and/or lot existing on the effective date of this Ordinance was conforming or legally nonconforming prior to the effective date of this Ordinance, and such structure and/or lot does not meet all standards set forth in this Ordinance, that structure and/or lot is deemed legally nonconforming and is controlled by the provisions of Section 6 (Nonconformities).

F.

Previously Issued Building Permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this Ordinance, and if construction began within six months after the issuance of that permit and was diligently pursued to completion or was issued an extension, the structure may be completed based on the previously issued building permit and may be occupied under an occupancy certificate for the use originally intended upon completion.

G.

Previously Granted Conditional Uses and Variances. All conditional uses and variances granted prior to the effective date of this Ordinance remain in effect. The recipient of the conditional use or variance may proceed to develop the subject property in accordance with the plans and any applicable conditions approved by the City Council. If the recipient has failed to act on the conditional use or variance before the approval expires, including any periods of extension granted, the provisions of this Ordinance govern.

A.

Defined Terms. Terms used in this Ordinance have the meaning ascribed to them in Section 13 of this Ordinance. Any word not defined in Section 13 (Definitions) has the meaning given in the City's Code of Ordinances, or if none, in typical dictionary usage.

B.

Conflicting Laws. Where the conditions imposed by any provision of this Ordinance, upon the use of land or buildings or upon the bulk of the buildings, are either more restrictive or less restrictive than comparable conditions imposed by this Ordinance or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements will govern.

C.

Innovation Encouraged. Although the district requirements are stated in very specific terms in most instances, reasonable flexibility is offered through such devices as conditional use, planned development, and variances. A principal objective of this Ordinance is the encouragement of the appropriate innovation.

D.

Graphics, Tables, and Text. The graphics, tables, and text in this Ordinance are regulatory. The graphics in this Ordinance are representations of the standards of this Ordinance and are not intended to represent every circumstance which may arise in the City. In case of a conflict, text controls over tables and graphics, and tables control over graphics.

E.

Tense and Form. Words used in the present tense include the past and future tenses.

F.

Number. The singular number includes the plural number, and vice versa.

G.

Abbreviations. "N/A" is an abbreviation of "not applicable," "ft" is an abbreviation of "feet," and "sf" is an abbreviation of "square feet."

H.

Mandatory vs. Permissive. For the purpose of this Ordinance the use of the words "will" and "must" define a mandatory requirement. The use of the word "may" defines a permissive requirement.

I.

Lists. Lists of examples prefaced with "including the following," "such as," "including, without limitation," or similar phrases are not exclusive, and do not preclude the Zoning Administrator from interpreting the list to include similar, unspecified examples.

J.

Computation of Time. References to "days" are to calendar days unless otherwise noted. The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by the City, that day is excluded. A day concludes at the close of business of City Hall and any materials received after that time will be considered to have been received the following day.

K.

Titles and Officers. Any responsibility designated to a certain officer or titleholder in the City, including the Mayor, Zoning Administrator, Building Commissioner, Fire Marshal, Public Works Director, and City Engineer also includes their respective designees.

A.

Fees. Any person or agent who files an application for an amendment, an appeal, a variance, a conditional use, or any other certificate or license required under the terms of this Ordinance, will be charged a fee as provided in the City's development fee and fine schedule, which shall be adopted by resolution of the City Council. Any property owner, tenant, or operator found liable for a violation of the terms if this Ordinance may be held responsible for any legal expenses incurred by the City.

B.

Fee and Fine Schedule. The Fee and Fine Schedule, which is maintained separate from this Ordinance, provides the application fees for the following forms of relief:

1.

Subdivisions

2.

Site Plan Reviews

3.

Map (Zoning district) amendments

4.

Conditional uses

5.

Variances

6.

Planned unit developments

7.

Amendments to existing conditional use permits

8.

Special publications

9.

Special meetings

10.

Off premise advertisement signs

11.

Appeals from the Zoning Administrator

12.

Annexations of land to the corporate limits of the City for subdivided or unsubdivided lots.

C.

Penalties and Fines. Any person, firm, corporation, or organization of any kind who does not comply with any of the provisions of this Ordinance, or who resists its enforcement, will be fined for each violation in accordance with the City's fee and fine schedule. Each day that a violation exists or continues constitutes a separate offense with a separate fee. The accumulation of penalties for violations stops upon correction of the violation, but the obligation to pay for violations already committed does not.

D.

Cost Recovery

1.

Deposit Requirement Established. If required by the Zoning Administrator, applications for relief filed and processed pursuant to this Ordinance that requires the City to incur third party costs or expenses beyond the standard costs covered by the application fee, including, without limitation, review and analysis by professional or technical experts and attorneys, are subject to the cost recovery deposit and escrow provisions set forth in this subsection. The cost recovery deposit is in addition to any and all other filing fees and other charges established pursuant to this Ordinance.

2.

Responsibility for Payment. The owner of the subject property and, if different, the applicant, are jointly and severally liable for the payment of all recoverable costs, and for the establishment of the cost recovery escrow. By signing the application for relief, the owner or applicant has agreed to pay, and to have consented to, payment of all recoverable costs, plus any costs of collection, that have not been paid within 30 days following the mailing of a written demand for payment to the owner or applicant at the address set forth on the application, including any additional recoverable costs or fees assessed under other City regulations. Applicants may be required to execute a cost recovery agreement in a form acceptable to the City's Corporation Counsel as part of their application submission. The City will have the right to file a lien for unpaid recoverable costs against the subject property. Any lien filed for unpaid recoverable costs may be foreclosed in the manner provided for mortgages or mechanics liens under Illinois law.

3.

Recoverable Costs. For purposes of calculating the recoverable costs, the following costs incurred by the City in connection with an application for relief from this Ordinance are deemed to be the "actual costs" incurred by the City in processing an application:

a.

Publication of notices

b.

Court reporter for public hearings, including the cost of two transcripts

c.

Professional and technical consultant services including, without limitation, traffic, photometric, sound, environmental, and engineering consultants

d.

Legal services provided by Corporation Counsel, or other City-retained attorney or law firm including application and plan review, staff consultation, meeting attendance, and legislative document preparation, including those obtained through a professional services agreement

e.

Copy reproduction

f.

Document recordation

g.

Mailing costs

4.

Cost Recovery Payment and Cost Recovery Escrow

a.

Initial Payment and Cost Recovery Escrow. When required by the Zoning Administrator pursuant to Section 1.06.D.1, applications for relief must be accompanied by the required application fee plus the cost recovery deposit, to be deposited in the cost recovery escrow account established by the City. The minimum initial cost recovery deposit must be in an amount established and adjusted from time to time by directive of the Zoning Administrator but will be no less $1,000.00. No interest is payable on any funds retained in such escrow account. Any interest earned will be retained by the City to compensate it for administrative costs associated with maintaining the cost recovery escrows.

b.

Charges against Cost Recovery Escrow. From the date of filing of any application, the City will maintain an accurate record of the actual costs of processing the application. The Zoning Administrator will instruct the Finance Department to draw funds from the cost recovery escrow account established for the application to pay such actual costs and transfer the funds to the appropriate City accounts as necessary. The Finance Department will maintain an accurate record of all the drawings from the cost recovery escrow account.

c.

Additional Cost Recovery Escrow Deposits. Should the Zoning Administrator at any time determine that the cost recovery escrow account established in connection with any application is, or likely to become, insufficient to pay the actual costs of processing the application, the Zoning Administrator will provide notice of the insufficiency to the owner or applicant and demand an additional deposit in an amount deemed by the Zoning Administrator to be sufficient to cover current and foreseeable additional costs. If the additional deposit is not provided to the Zoning Administrator within seven days of the notice and demand to the owner or applicant, the Zoning Administrator may direct that processing of the application be suspended or terminated.

d.

Insufficient Amounts; Reimbursement. If the amount in the cost recovery escrow account is insufficient to pay the total actual recoverable costs incurred by the City, a written demand for payment of the balance due must be mailed to the owner and the applicant.

e.

Final Settlement. As soon as reasonably feasible following final action on an application, the Zoning Administrator will provide a final accounting of the cost recovery escrow deposits in connection with the application and of the actual cost of processing the application and make a final charge of the actual costs against the cost recovery escrow deposits. A copy of the accounting will be provided to the owner and the applicant upon request. Any remaining funds in the cost recovery escrow account after payment of the total actual costs due pursuant to this subsection will be returned to the owner or applicant, as applicable, within one year of the issuance of the Occupancy Certificate.

5.

Condition of All Applications, Approvals, and Permits. No application filed pursuant to this Ordinance is considered complete unless and until all fees and deposits due pursuant to this subsection have been paid. The effectiveness of any approval granted and every permit issued pursuant to this Ordinance is conditioned upon payment of the City's recoverable costs, as required by this subsection.

6.

Tolling of Time Periods. Where this Ordinance provides that the passage of time without decision or action is considered an approval or a recommendation for approval, time periods must be tolled during any period of non-payment of the recoverable costs or deposits due pursuant to this subsection.

7.

Specified Public Bodies Exempt. The cost recovery provisions of this Subsection do not apply to, and no cost recovery deposit for staff time, legal services by Corporation Counsel, postage, and publications, is required of any public body or agency deriving the majority of its revenues from taxes levied within the City. If the City needs to hire outside consultants or additional legal counsel, a cost recovery deposit may be required.

(Ord. No. 25-O-03, § 2(Exh. A), 1-6-25)

It is hereby declared to be the intention of the City Council of the City of Waukegan that the several provisions of this Ordinance are separable in accordance with the following:

A.

Ordinance Application. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance should be declared invalid by a court of competent jurisdiction for any reason whatsoever, such decision does not affect the remaining portion of this Ordinance, which remains in full force and effect; and to this end the provisions of this Ordinance are hereby declared to be separable.

B.

Property and Subdivision Application. If any court of competent jurisdiction finds the application of any provision of this Ordinance to be invalid in regard to a particular property, building or other structure, planned unit development, or subdivision, such judgment does not affect the application of the provision to any other property, building or other structure, planned unit development, subdivision, or structure that is not specifically included in the judgment.

The Effective Date of this Ordinance is the date of its adoption, July 1, 2024 by a vote of two-thirds of the City Council and its approval by the Mayor of the City of Waukegan. This Ordinance will take effect immediately upon its Effective Date, the City Council having determined that the immediate implementation of this Ordinance is a matter of urgency.