A.
Zoning Administrator. The City Manager of the City of Crystal Lake
shall appoint a Zoning Administrator who shall have the following
powers and duties:
1.
Receive and process all requests for amendments, special uses,
temporary uses, variances, subdivisions and appeals pursuant to this
Ordinance;
2.
Be responsible for the interpretation of the provisions and
regulations of this Ordinance;
3.
Serve as ex-officio member of the Planning and Zoning Commission
without a vote;
4.
Publish annually an up-to-date copy of the Zoning Map as provided
by Illinois Zoning Statute.
5.
Preside over the administrative variation hearing process and
make rulings upon such administrative variation requests as may be
authorized by this Ordinance.
[Added 8-2-2016 by Ord.
No. 7247]
B.
Zoning Enforcement Officer. The City Manager of the City of Crystal
Lake shall appoint a Zoning Enforcement Officer who shall have the
following powers and duties:
1.
Issue all zoning certificates and create and maintain a record
thereof;
2.
Issue all occupancy certificates and create and maintain a record
thereof;
3.
Issue all limited use permits and create and maintain a record
thereof;
4.
Issue temporary use permits and create and maintain a record
thereof;
5.
Maintain for public inspection, at all times during the hours
that his/her office is normally open to the public, a copy of this
Ordinance along with the Zoning Map together with all amendments thereto;
6.
Conduct inspections as prescribed by this Ordinance and such
other inspections as are necessary to ensure compliance with the various
provisions of this Ordinance;
7.
Make a determination from public records or inspection of nonconforming
recorded lots, uses, and structures to properly enforce this Ordinance;
8.
Perform such other duties as are delegated to him by the Zoning
Administrator or the provisions of this Ordinance generally.
C.
Planning and Zoning Commission.
1.
Created: The appointment of members, term, duties and responsibilities of the Planning and Zoning Commission are outlined in Section 11-4 of the City Code.
[Amended 10-6-2020 by Ord. No. 7656]
2.
Membership: The Planning and Zoning Commission shall consist
of seven members who are residents of the City of Crystal Lake.
[Amended 8-2-2016 by Ord.
No. 7247]
3.
Appointment of members: The members of the Planning and Zoning
Commission shall be appointed by the Mayor, subject to confirmation
of the City Council.
4.
Terms of members: The members of the Planning and Zoning Commission
shall be appointed for four-year terms. Any replacement of any member
(who resigns or whose seat becomes vacant before expiration of the
term) shall serve out the remaining term of office before being reappointed
to a four-year term. Members who fail to attend at least 60% of regularly
scheduled meetings in a calendar year shall be subject to removal
by the Mayor and City Council.
5.
Officers: The Mayor shall name one member as Chairperson at
the time of appointment. The Planning and Zoning Commission shall
elect a Vice Chairperson as may be required.
6.
Powers: The Planning and Zoning Commission shall have the following
powers and responsibilities:
a.
To review and recommend to the City Council, after holding a
public hearing, on petitions for preliminary planned unit development
(PUD), in accordance with the rules and standards prescribed by the
Zoning Ordinance and Illinois Compiled Statutes. The Commission shall
hold a public meeting and upon its conclusion, shall continue the
matter to a certain date, at which time the Commission shall hold
a public hearing on the matter. At the conclusion of the public hearing,
the Commission shall make a recommendation to the City Council with
regards to the petition. The petitioner shall be required to attend
both the public meeting and the public hearing.
The exterior architectural aesthetics of a PUD project shall
be reviewed using the standards including, but not limited to, Section
4-900, Design standards, as a basis for the Planning and Zoning Commission's
discussion and recommendation.
b.
To review and recommend to the City Council, after holding a
public hearing on applications for:
c.
To review and recommend to the City Council, after holding a
public meeting on applications for:
d.
To hear, review and comment on conceptual PUD plans, after holding
a public meeting.
e.
To hear any appeals in a public hearing as enumerated in Section
9-200J of the Crystal Lake Unified Development Ordinance and to render
a decision thereon.
f.
To hold public meetings and public hearings and review and make
recommendations to the City Council as required by the provisions
of the Crystal Lake Unified Development Ordinance and Illinois Compiled
Statutes.
g.
To hear and make recommendations to the City Council on all
matters referred to it, and to perform such functions as may be requested
of it.
h.
To hear and make a final vote on administrative variations referred
to it by the Zoning Administrator.
[Added 8-2-2016 by Ord.
No. 7247]
7.
Rules governing procedures: The Planning and Zoning Commission
shall adopt rules regulating the procedure of all meetings, provided
that there shall be no time limits established by the Commission for
the length of the meetings. Such rules shall be filed in the Office
of the City Clerk and may be amended at any meeting, such rules to
be effective upon filing of the Office of the City Clerk.
8.
Meetings required; notice: The Planning and Zoning Commission
shall hold regular meetings and may hold special meetings as needed.
Notice of the time and place of regular and special meetings be given
in accordance with the Open Meetings Act (5 ILCS 120) of the State
of Illinois.
9.
Hearings: All hearings required by this section to be conducted
by the Planning and Zoning Commission shall be open to the public.
Any person may appear and testify at a hearing either in person or
through a duly authorized agent or attorney. All testimony shall be
given under oath. The Chairperson, or in his/her absence, the Vice
Chairperson or Action Chairperson, shall administer oaths. The Commission
shall keep minutes of its proceedings showing the vote of each member
upon each question, or if absent or failing to vote, indicating such
fact, and shall also keep records of its hearings and other official
actions. Every rule or regulation, every amendment or repeal thereof,
and every decision of the Commission shall be filed immediately in
the office of the City Clerk and shall be a matter of public record.
D.
City Council. The City Council, upon receipt of findings and recommendations
from the Planning and Zoning Commission, shall act upon all amendments,
special uses, planned unit development, subdivisions of land and variations
as follows:
1.
By ordinance, amend this Ordinance.
2.
By ordinance, amend the boundary lines of zoning districts hereby
established.
3.
By ordinance, cause to be issued a special use permit, including
any conditions found necessary to accomplish the purposes of this
Ordinance.
4.
By ordinance, cause to be approved a planned unit development,
including any conditions found necessary to accomplish the purposes
of this Ordinance.
5.
By ordinance, cause to be issued a variation from the specific
regulations, including conditions found necessary to accomplish the
purposes of this Ordinance.
6.
By ordinance, cause to be issued a plat of subdivision, including
any conditions found necessary to accomplish the purposes of this
Ordinance.
A.
Required submittals. All applications for development approval shall
include the following:
1.
Application fee, per the requirements of this section.
2.
Application form.
3.
Ownership information.
4.
Notification papers and documents as necessary to meet the requirements
of Section 9-200L, Notice, of this Ordinance.
5.
Additional submittals as required for specific requests in this
Ordinance.
6.
Additional information and/or materials as determined to be
necessary by the City of Crystal Lake to meet the goals and objectives
of this Ordinance, as detailed in the relevant development application
handouts available through the Community Development Department.
[Amended 6-3-2014 by Ord. No. 7034]
B.
Amendments.
1.
Application.
Refer to the "Development Application - Map Amendments (Rezoning)"
handout, available through the Community Development Department, for
specific explanations of submittal requirements and for review procedures.
[Amended 6-3-2014 by Ord. No. 7034]
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The following persons or public bodies shall have standing to
initiate an amendment to this Ordinance together with the Zoning Map:
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a.
Any person owning real property in the City of Crystal Lake
may file a petition with the Zoning Administrator to amend either
the Map or the text of the Ordinance, as it affects his or her property.
Such petition shall be accompanied by an accurate description of the
property, a statement of any proposed map amendment, statement of
any proposed amendment to the text, the reasons therefore, and by
paying the proper filing fee.
b.
The City Council as provided in this section.
c.
The Planning and Zoning Commission as provided in this section.
2.
Public hearing and notice. Upon receipt of a petition for a
map amendment, the Zoning Administrator shall schedule a public hearing
before the Planning and Zoning Commission, allowing adequate time
for proper notice. Upon receipt of a petition for a text amendment,
the City Council shall schedule a public hearing before the Planning
and Zoning Commission, allowing adequate time for proper notice. Notice
shall be given as provided in Section 9-200L, Notice.
[Amended 10-6-2020 by Ord. No. 7656]
3.
Standards. In recommending approval or conditional approval
of an amendment, the Planning and Zoning Commission shall transmit
to the City Council written findings of fact that all of the conditions
below apply to the application:
a.
The existing uses and zoning of nearby property;
b.
The extent to which property values are diminished by a particular
zoning classification or restriction;
c.
The extent to which the destruction of property value of a petitioning
property owner promotes the health, safety, morals, or general welfare
of the public;
d.
The relative gain to the public as opposed to the hardship imposed
on a petitioning property owner;
e.
The suitability of the subject property for its zoned purposes;
f.
The length of time the property has been vacant as zoned, considered
in the context of land development in the area;
g.
The Comprehensive Plan designation and the current applicability
of that designation; and
h.
The evidence or lack of evidence, of community need for the
use proposed.
4.
Report.
Within 45 days, or as soon as the agenda schedule permits, after
all pertinent information has been received from the petitioner, and
as necessary from the City departments, the petition shall be placed
on the Planning and Zoning Commission agenda. The Planning and Zoning
Commission shall review the proposed petition and report its findings
to the City Council as provided in this article.
If the Planning and Zoning Commission fails to conclude the
public hearing within 60 days from the date that the petition is scheduled
for a Planning and Zoning Commission public hearing, for whatever
reason, the petitioner's request shall be deemed to have received
a negative recommendation from the Planning and Zoning Commission,
unless the time is specifically extended by a request from the petitioner.
If the Planning and Zoning Commission fails to conclude the public
hearing within the time allotted, the petition will be forwarded to
the City Council for action.
[Amended 10-6-2020 by Ord. No. 7656]
5.
Recommendations. Within 45 days following the public hearing,
excluding any continuation of such hearing or extensions requested
by the petitioner, the Planning and Zoning Commission shall forward
its recommendations to the City Council.
6.
Action by the Council. The City Council, upon receipt thereof,
may adopt, with or without modification, reject or deny, the report
and recommendations of the Planning and Zoning Commission, or may
refer any matter back to the Planning and Zoning Commission for further
consideration. In addition, when a motion to recommend the denial
of a map amendment or text amendment is approved by 2/3 of all Planning
and Zoning Commission members then holding office, or such motion
to recommend denial is approved unanimously by all members present,
such map amendment or text amendment shall not be approved by the
Mayor and City Council except by a favorable vote of 2/3 of all of
the Corporate Authorities then holding office.
[Amended 10-6-2020 by Ord. No. 7656]
C.
Variations and simplified residential variations.
1.
Application. Any property owner in the City of Crystal Lake
may submit an application along with the appropriate filing fee to
the Zoning Administrator for a variation from the requirements of
this Ordinance as it applies to his/her property. Refer to the "Development
Application - Variations," or the "Simplified Residential Variation
Application" handout, available through the Community Development
Department, for specific explanations of submittal requirements and
review procedures.
[Amended 6-3-2014 by Ord. No. 7034]
2.
Public hearing and notice. Upon receipt of a petition for a
variation, the Zoning Administrator shall schedule a public hearing
before the Planning and Zoning Commission, allowing adequate time
for proper notice. Notice shall be given as provided in Section 9-200L,
Notice.
3.
Standards.
When evidence in a specific case establishes that literal enforcement
of any provision of this Ordinance would result in a practical difficulty
or particular hardship because: [Amended 10-6-2020 by Ord. No.
7656]
a.
The plight of the property owner is due to unique circumstances,
such as, unusual surroundings or conditions of the property involved,
or by reason of exceptional narrowness, shallowness or shape of a
zoning lot, or because of unique topography, or underground conditions.
b.
Also, that the variation, if granted, will not alter the essential
character of the locality.
|
For the purposes of supplementing the above standards, the Commission
may take into consideration the extent to which the following facts
favorable to the application have been established by the evidence
presented at the public hearing:
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|
a.
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That the conditions upon which the application for variation
is based would not be applicable generally to other property within
the same zoning classification;
|
|
b.
|
That the alleged difficulty or hardship has not been created
by any person presently having interest in the property;
|
|
c.
|
That the granting of the variation will not be detrimental to
the public welfare or injurious to other property or improvements
in the neighborhood in which the property is located; or
|
|
d.
|
That the proposed variation will not impair an adequate supply
of light or air to adjacent property, will not unreasonably diminish
or impair the property values of adjacent property, will not unreasonably
increase congestion in the public streets, substantially increase
the danger of fire or otherwise endanger public safety.
|
4.
Recommendations. Within 45 days following the public hearing,
excluding any continuation of such hearing or extensions requested
by the petitioner, the Planning and Zoning Commission shall forward
its recommendations to the City Council.
5.
Conditions. The Commission may recommend and the City Council,
in granting any variation, may impose such conditions or restrictions
as appear necessary to minimize possible detrimental effects of such
variation upon other properties in the neighborhood, and thus secure
substantial justice.
6.
Action by the Council. The City Council, upon receipt thereof,
may adopt, with or without modification, reject or deny the report
and recommendation of the Planning and Zoning Commission or refer
any matter back to the Commission for further consideration. In addition,
when a motion to recommend the denial of a variation is approved by
2/3 of all Planning and Zoning Commission members then holding office,
or such motion to recommend denial is approved unanimously by all
members present, such variation shall not be approved by the Mayor
and City Council except by a favorable vote of 2/3 of all of the Corporate
Authorities then holding office.
[Amended 10-6-2020 by Ord. No. 7656]
D.
Special use permits. The following procedures shall be followed in
granting special use permits required through this Ordinance.
1.
Application.
The following persons or public bodies shall have standing to
initiate a special use permit:
a.
Any person owning real property in the City of Crystal Lake
may file a petition for a special use permit subject to the general
provisions of this Ordinance. The petition shall be made in writing
and shall be accompanied by maps, plans and other information as required
in Section 9-200A, Required submittals, and by paying the proper filing
fee.
b.
The City Council as provided in this section.
c.
The Planning and Zoning Commission as provided in this section.
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Application for a special use permit shall be made to the Zoning
Administrator, in writing, by the owner of the property in question
and shall be accompanied by the following information plus any specific
information required under Section 2-400:
| |
|
a.
|
A petition requesting the special use permit. Refer to special
use permit review procedure handout available through the Community
Development Department.
|
|
b.
|
A site plan, drawn to scale, indicating the proposed site and
the surrounding zoning and land uses, adjacent, within 200 feet, to
the property in question.
|
|
c.
|
A landscape plan, where applicable.
|
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d.
|
Building elevations.
|
|
e.
|
A plat of survey for the existing site and proof of ownership
(title report or search, most recent tax bill, deed, etc.).
|
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f.
|
Review fees.
|
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g.
|
Additional information, as required, for administrative processing
of the petition.
|
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h.
|
Additional information indicating compliance with the regulations
of this chapter and all other applicable City ordinances.
|
|
Refer to the "Development Application" handout, available through
the Community Development Department, for specific explanations of
submittal requirements, and for review procedures.
[Amended 6-3-2014 by Ord. No. 7034; 10-6-2020 by Ord. No. 7656] |
2.
Procedure. Upon receipt of a petition for a special use permit
or a resolution by the City Council authorizing a hearing upon a proposed
amendment, the Zoning Administrator shall forward copies of application
or resolution to the Council, the members of the Planning and Zoning
Commission.
3.
Public hearing and notice. Upon receipt of a petition for a
special use, the Zoning Administrator shall schedule a public hearing
before the Planning and Zoning Commission, allowing adequate time
for proper notice. Notice shall be given as provided in Section 9-200L,
Notice.
4.
Report.
Within 45 days, or as soon as agenda schedule permits, after
all pertinent information has been received from the petitioner, and
as necessary from the City Staff, the petition shall be placed on
the Planning and Zoning Commission agenda. The Planning and Zoning
Commission shall review the proposed petition and report its findings
to the City Council as provided in this section.
If the Planning and Zoning Commission fails to conclude the
public hearing within 60 days from the date that the petition is scheduled
for a public hearing, for whatever reason, the petitioner's request
shall be deemed to have received a negative recommendation from the
Planning and Zoning Commission, unless the time is specifically extended
by a request from the petitioner. If the Planning and Zoning Commission
fails to conclude the public hearing within the time allotted, the
petition shall be forwarded to the City Council for action. In the
case of a special use permit for a planned unit development, the procedure
established in Section 9-200E, Planned unit development, shall be
followed.
[Amended 10-6-2020 by Ord. No. 7656]
5.
Recommendations. Within 45 days following the public hearing,
excluding any continuation of such hearing or extensions requested
by the petitioner, the Planning and Zoning Commission shall forward
its recommendations to the City Council.
6.
Conditions. The Planning and Zoning Commission may recommend
and the City Council, in granting any special use, may impose such
conditions or restrictions as appear necessary to minimize possible
detrimental effects of such special use upon other properties in the
neighborhood.
7.
Action by the Council. The City Council, upon receipt thereof,
may adopt, with or without modification, reject or deny, the report
and recommendations of the Planning and Zoning Commission, or may
refer any matter back to the Planning and Zoning Commission for further
consideration. In addition, when a motion to recommend the denial
of a special use permit is approved by 2/3 of all Planning and Zoning
Commission members then holding office, or such motion to recommend
denial is approved unanimously by all members present, such special
use permit shall not be approved by the Mayor and City Council except
by a favorable vote of 2/3 of all of the Corporate Authorities then
holding office.
[Amended 10-6-2020 by Ord. No. 7656]
8.
Termination of a special use permit. The special use runs with
the property, not an individual, and can be tied to a specific use.
Unless the petitioner, or a successor to the petitioner, has substantially
completed construction of the public improvements and/or has commenced
establishment of the uses approved in a special use, the special use
shall automatically lapse two years after the date of issuance by
the City Council. The petitioner shall have the right to petition
the City Council for an extension of the special use permit for a
period not to exceed one year. Whenever any special use has been discontinued
for a period of six consecutive months or whenever there is evidence
of a clear intent on the part of the owner to abandon a special use,
such use shall not, after being discontinued or abandoned, be reestablished
without notice and public hearing as provided for in this section.
This section shall not apply to planned unit development special use
permits, which are governed by Section 9-200E.
E.
Planned unit development. Planned unit developments (PUD) are special
use permits and are held to additional standards, as stated below.
A preliminary and final PUD approval is required.
[Amended 11-5-2013 by Ord. No. 6970; 6-3-2014 by Ord. No. 7034; 12-11-2017 by Ord. No. 7419; 10-6-2020 by Ord. No. 7656]
1.
Preapplication conference. Before submitting required materials
for a preliminary planned unit development review, a preapplication
meeting with the Director of Community Development or his/her assigned
designee is recommended. The purpose of the meeting is to informally
discuss the general concept of the proposed development, its effects
on the surrounding area and the City as a whole, and the feasibility
of utilizing City services. The meeting is advisory and is intended
to allow both parties to express their concerns and reach mutual conclusions.
2.
Conceptual PUD. Following the preapplication meeting, the petitioner
has the option to appear before the Planning and Zoning Commission
to informally discuss the initial concept for the proposal. Neither
party shall be required to provide a formal position statement on
the proposal, and the developer shall not be required to comply with
any position statement offered by either party. Refer to the "Development
Application" handout, available through the Community Development
Department, for specific explanations of submittal requirements, and
for review procedures.
3.
Application.
Refer to the "Development Application" handout, available through
the Community Development Department, for specific explanations of
submittal requirements, and for review procedures.
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The following persons or public bodies shall have standing to
initiate a planned unit development:
| |
|
a.
|
Any person owning real property in the City of Crystal Lake
may file a petition for a planned unit development subject to the
general provisions of this Ordinance. The petition shall be made in
writing and shall be accompanied by maps, plans and other information
as required in Section 9-200A, Required submittals, and by paying
the proper filing fee.
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b.
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The City Council as provided in this section.
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c.
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The Planning and Zoning Commission as provided in this section.
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4.
Public hearing and notice. Upon receipt of a petition for a
planned unit development, the Zoning Administrator shall schedule
a public hearing before the Planning and Zoning Commission, allowing
adequate time for proper notice. Notice shall be given as provided
in Section 9-200L, Notice.
5.
Report.
Within 45 days, or as soon as agenda schedule permits, after
all pertinent information has been received from the petitioner, and
as necessary from the City Staff, the petition shall be placed on
the Planning and Zoning Commission agenda. The Director of Community
Development may require an earlier submittal date, if the proposed
PUD is expected to require additional staff review time. Hearing/meeting
dates shall not be established until all required submittals are received
by the Director of Community Development. The Planning and Zoning
Commission shall review the proposed petition and report its findings
to the City Council as provided in this section.
If the Planning and Zoning Commission fails to conclude the
public hearing within 60 days from the date that the petition is scheduled
for a public hearing, for whatever reason, the petitioner's request
shall be deemed to have received a negative recommendation from the
Planning and Zoning Commission, unless the time is specifically extended
by a request from the petitioner. If the Planning and Zoning Commission
fails to conclude the public hearing within the time allotted, the
petition shall be forwarded to the City Council for action.
6.
Recommendations. Within 45 days following the public hearing,
excluding any continuation of such hearing or extensions requested
by the petitioner, the Planning and Zoning Commission shall forward
its recommendations to the City Council.
7.
Conditions. The Planning and Zoning Commission may recommend
and the City Council, in granting any planned unit development, may
impose such conditions or restrictions as appear necessary to minimize
possible detrimental effects of such special use upon other properties
in the neighborhood.
8.
Action by the Council. The City Council, upon receipt thereof,
may adopt, with or without modification, reject or deny, the report
and recommendations of the Planning and Zoning Commission, or may
refer any matter back to the Planning and Zoning Commission for further
consideration. In addition, when a motion to recommend the denial
of a planned unit development is approved by 2/3 of all Planning and
Zoning Commission members then holding office, or such motion to recommend
denial is approved unanimously by all members present, such planned
unit development shall not be approved by the Mayor and City Council
except by a favorable vote of 2/3 of all of the Corporate Authorities
then holding office.
9.
Failure to begin the final PUD process. Approval of a preliminary
PUD shall be valid for two years after approval by City Council. The
City Council may, for good cause, approve an extension of the preliminary
PUD. The City Council may grant one-year extensions.
10.
Failure to initiate a final PUD plan. Unless the petitioner,
or a successor to the petitioner, has substantially completed construction
of the public improvements and has commenced construction of the uses
approved in the PUD, the PUD special use permit shall automatically
lapse two years after the date of approval. The City Council, upon
a written petition from the holder of the planned unit development,
may for good cause extend for a period of up to one additional year
the period for beginning the PUD. The City Council shall be entitled
to grant a one-year extension, beyond the original expiration date
for the PUD and such additional one-year extensions as the City Council
may approve. If the PUD special use permit lapses, under the provisions
of this section, the City shall remove the PUD from the Zoning Map
and, if the basic zoning classification was approved at the time of
approval of the PUD by the City Council, the basic zoning district
shall continue in effect.
11.
Amendment to a final PUD plan. Except as provided herein, for
residential planned unit developments, when amending an approved final
PUD plan, unless the homeowners' association, where one is present,
is authorized to act on behalf of the entire development, every property
owner within the PUD is required to consent to the amendment to the
PUD. The following exceptions shall apply:
[Amended 1-19-2021 by Ord. No. 7690]
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Where a planned unit development consists of different categories
of dwellings (single-family attached, single-family detached, two-family
and multifamily dwellings, or category as identified by the City)
any amendment to a final PUD plan relating to one or more category
of dwellings shall require the consent of:
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a.
Ninety percent of every unit owner of properties within the
category of dwellings located within the planned development to which
the proposed amendment pertains. Where a homeowners' association is
authorized to act on behalf of some or all of owners within such category,
such consent by the homeowners' association shall be deemed sufficient
with respect to the owners who are members of such consenting homeowners'
association; and
b.
Seventy-five percent of the owners of properties within category
of dwellings located within the planned development to which the proposed
amendment does not pertain. Where a homeowners' association is authorized
to act on behalf of some or all of owners within such category, such
consent by the homeowners' association shall be deemed sufficient
with respect to the owners who are members of such consenting homeowners'
association.
12.
Formal subdivision of parcels. Formal subdivision of parcels
in a planned unit development will follow the following procedures.
a.
Any parcel designated PUD at the time of adoption of this Ordinance
shall not be subdivided into two or more parts for purposes of sale,
whether immediate or future, unless and until a final plat of subdivision
has been approved by the City Council, as regulated by this Ordinance.
b.
If a PUD designation is sought for a parcel and no preliminary
PUD plans are concurrently presented for consideration, a preliminary
plat of subdivision designating the separately zoned segments must
be approved by the City Council before the zoning for each segment
becomes effective. Rezoning shall follow procedures set forth in this
article.
F.
Watershed planned unit development. Watershed planned unit developments
are special use permits and are held to additional standards, as stated
below:
1.
Application.
Refer to the "Development Application - Watershed Planned Unit
Developments" handout, available through the Community Development
Department, for specific explanations of submittal requirements, and
for review procedures.
[Amended 6-3-2014 by Ord. No. 7034]
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The following persons shall have standing to initiate a planned
unit development:
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a.
Any person owning real property in the City of Crystal Lake
that is zoned W Watershed District in the City, or that is located
in the Conservation Overlay (C) District may file a petition with
the Community Development Department for a watershed planned unit
development subject to the general provisions of this Ordinance. The
petition shall be made in writing and shall be accompanied by maps,
plans and other information as required in Section 9-200A, Required
submittals, and by paying the proper filing fee.
Commentary:
Upon approval of the Watershed PUD, by the City Council following
recommendations from the Planning and Zoning Commission, the applicant
must submit an application for a Preliminary PUD approval. The purpose
of the Watershed PUD approval is to generally outline the uses, their
general location on-site and density/intensity of the proposed development.
The approval of specific densities/intensities for a Watershed PUD
are contingent upon the approval of final engineering.
2.
Watershed PUD requirements.
The applicant requesting Watershed PUD approval must submit
sufficient copies of the submittal materials together with such fees
as may be required. The Watershed PUD plan shall indicate the entire
contiguous holding of the petitioner or owner who wishes to develop
the entire parcel or any part thereof, and shall include the area
and use of land adjacent to the parcel to be developed. The plan shall
generally: define the location of the areas to be devoted to particular
uses, state the approximate acreage to be devoted to the particular
uses; set forth the proposed density of the dwelling units by use
type and of the entire project; show existing and proposed streets
and vehicular access areas; show the location of parks, open recreation
areas, other open space and all public and community uses;
The applicant shall present any additional graphics or written
materials reasonably requested by Planning and Zoning Commission or
City Council to assist the City in visualizing and understanding the
proposal.
3.
Standards for approval. Based upon the following standards,
the Planning and Zoning Commission may recommend denial, approval,
or approval with conditions, and the City Council may deny, approve,
or approve with conditions the proposed watershed planned unit development.
a.
That the mix of uses and density of residential uses in the
proposed Watershed PUD meet the general objectives and intent contained
in the Northwest Sub-Area Plan (which is part of the Crystal Lake
Comprehensive Land Use Plan), as adopted and amended.
b.
That judicious effort has been made to ensure the preservation
of the integrity of the land and the preservation of natural, historical,
and architectural features.
c.
That the plans meet (or commit to meet) the requirements of
the Crystal Lake Watershed Best Management Practices Manual.
4.
Procedure. Upon receipt of an application for a watershed planned
unit development, the Zoning Administrator shall forward copies of
application or resolution to the Council, the members of the Planning
and Zoning Commission.
5.
Introductory
Planned Unit Development. Prior to the public hearing, the petition
for a planned unit development shall be presented to the Planning
and Zoning Commission. This meeting should be used to give an overview
of the petition to familiarize the Planning and Zoning Commission
members with the petition prior to the public hearing.
[Added 12-11-2017 by Ord.
No. 7419]
6.
Public hearing and notice. Upon receipt of a petition for a
watershed planned unit development, the Zoning Administrator shall
schedule a public hearing before the Planning and Zoning Commission,
allowing adequate time for proper notice. Notice shall be given as
provided in Section 9-200L, Notice.
7.
Report.
Within 45 days, or as soon as agenda schedule permits, after
all pertinent information has been received from the petitioner, and
as necessary from the City Staff, the petition shall be placed on
the Planning and Zoning Commission agenda. The Director of Community
Development may require an earlier submittal date, if the proposed
PUD is expected to require additional staff review time. Hearing/meeting
dates shall not be established until all required submittals are received
by the Director of Community Development. The Planning and Zoning
Commission shall review the proposed petition and report its findings
to the City Council as provided in this section.
If the Planning and Zoning Commission fails to conclude the
public hearing within 60 days from the date that the petition is scheduled
for a public hearing, for whatever reason, the petitioner's request
shall be deemed to have received a negative recommendation from the
Planning and Zoning Commission, unless the time is specifically extended
by a request from the petitioner. If the Planning and Zoning Commission
fails to conclude the public hearing within the time allotted, the
petition shall be forwarded to the City Council for action.
[Amended 6-3-2014 by Ord. No. 7034; 10-6-2020 by Ord. No. 7656]
8.
Recommendations. Within 45 days following the public hearing,
excluding any continuation of such hearing or extensions requested
by the petitioner, the Planning and Zoning Commission shall forward
its recommendations to the City Council.
9.
Conditions. The Planning and Zoning Commission may recommend
and the City Council, in granting any watershed planned unit development,
may impose such conditions or restrictions as appear necessary to
minimize possible detrimental effects of such special use upon other
properties in the neighborhood.
10.
Action by the Council. The City Council, upon receipt thereof,
may adopt, with or without modification, reject or deny, the report
and recommendations of the Planning and Zoning Commission, or may
refer any matter back to the Planning and Zoning Commission for further
consideration. In addition, when a motion to recommend the denial
of a watershed planned unit development is approved by 2/3 of all
Planning and Zoning Commission members then holding office, or such
motion to recommend denial is approved unanimously by all members
present, such watershed planned unit development shall not be approved
by the Mayor and City Council except by a favorable vote of 2/3 of
all of the Corporate Authorities then holding office.
[Amended 10-6-2020 by Ord. No. 7656]
11.
Failure to begin the preliminary PUD process.
Approval of a Watershed PUD shall be valid for two years after
approval by City Council. The City Council may, for good cause, approve
an extension of the Watershed PUD. The City Council may grant one-year
extensions.
If the Watershed PUD lapses, under the provisions of this section,
the City shall remove the PUD from the Zoning Map and the property
will remain classified in the W Watershed Zoning District.
[Amended 10-6-2020 by Ord. No. 7656]
12.
Changes to the approved Watershed PUD. Any deviations from the
approved Watershed PUD plan may occur only as long as they meet the
criteria listed in Section 4-500E. Substantive changes from the approved
watershed PUD will require the approval of the City Council with recommendations
from the Planning and Zoning Commission before a Preliminary PUD application
can be submitted.
G.
Sign variations.
[Amended 12-20-2011 by Ord. No. 6765]
1.
Application. Any sign owner in the City of Crystal Lake and/or
their authorized representative may submit an application along with
the appropriate filing fee to the Zoning Administrator for a variation
from the requirements of this Ordinance, as it applies to the proposed
sign. Refer to the "Sign Variation Application" handout, available
through the Community Development Department, for specific explanations
of submittal requirements and review procedures.
[Amended 6-3-2014 by Ord. No. 7034]
2.
Procedure. Upon receipt of a petition for a sign variation,
the Zoning Administrator shall first determine that a complete submittal
has been received and then schedule the request on the next available
City Council agenda.
3.
Standards. The City Council shall determine, when evidence in
a specific case establishes that literal enforcement of any provision
of this Ordinance would result in a practical difficulty or particular
hardship, based on the standards below:
[Amended 10-6-2020 by Ord. No. 7656]
a.
Unique hardship: The proposed variation, if granted, will not
serve merely as a convenience but alleviate some demonstrable and
unusual hardship.
b.
Not harm public welfare: The proposed variation, if granted,
will not be materially detrimental to the public welfare or injurious
to other property or improvements in the neighborhood and will not
be itself, or with other signs, contribute to the creation of visual
distraction which may lead to personal injury or a substantial reduction
in the value of property.
c.
Consistent with intent: The proposed variation is in harmony
with the intent, purpose and objectives of the Ordinance.
4.
Conditions. The City Council, in granting any variation, may
impose such conditions or restrictions as appear necessary to minimize
possible detrimental effects of such variation upon other properties
in the neighborhood, and thus secure substantial justice.
5.
Action by Council. Any proposed variation shall be passed upon
a favorable vote by a simple majority of the City Council.
H.
Alternate uses.
[Added 6-3-2014 by Ord. No. 7034[1]]
1.
Alternate uses are:
a.
Intended to allow flexibility in the use of land or structures
in the M-L or M District in the City when such uses meet appropriate
conditions and performance standards that protect public health, safety
and welfare;
b.
Alternate uses that address a current need or demand but are
intended for a limited time period of not more than three years, unless
an extension of such time period is approved;
c.
Judged to be presently acceptable by the City Council, but that
with anticipated development or redevelopment will not be acceptable
in the future or will be replaced in the future by a permitted or
special use allowed within the district; or
d.
Reflective of anticipated long-range change to an area and which
are in compliance with the Comprehensive Plan, provided that said
uses maintain harmony and compatibility with surrounding uses and
are in keeping with the architectural character and design standards
of existing uses and development.
2.
Specific uses are not spelled out as alternate uses in Article 2, Land Use. The Zoning Administrator, upon the applicant's request, can make the initial determination, based on the standards for alternate uses, whether a specific use, not permitted in the zoning district is eligible to seek an alternate use permit.
3.
Alternate uses may only be authorized pursuant to an alternate use permit, the consideration of which shall be reviewed according to the standards and procedures for a special use permit as established by Article 9, Administration, of this Ordinance, as well as the standards set forth in this section. Depending upon the specific use requested, an alternate use permit may contain specific conditions relating to such use, including provisions that limit the time during which an alternate use may continue to operate, the location or locations where the alternate use may be permitted, and such other limitations or conditions to carry out the purposes of this Ordinance.
4.
Standards for alternate uses. No alternate use permit may be
granted unless the City Council determines that the use will comply
with the following:
b.
The use will not delay or otherwise inhibit anticipated development
or redevelopment of the site;
c.
The use will not be in conflict with any provisions of the UDO
or City Code on an ongoing basis;
d.
The use will not adversely affect the adjacent property, the
surrounding neighborhood, or other uses on the property where the
use will be located;
e.
The property on which the use will be located is currently in
compliance with all applicable Ordinance standards;
f.
The use will not impose additional unreasonable costs on the
public; and
g.
The owner will provide an appropriate financial surety to cover
the cost of removing the alternate use and any structures serving
the alternate use upon the expiration of, and to the extent required
under the terms of, the alternate use permit.
h.
The use otherwise conforms to the Comprehensive Plans and zoning
regulations as regards to performance standards and other requirements;
i.
The use will not impose additional costs on the public if it
is necessary for the public to take the property in the future; and
j.
The applicant will agree in writing to any conditions City may
attach to the approval of an alternate use permit to mitigate anticipated
adverse impacts associated with the use, to ensure compliance with
the standards of the approval, to protect the value of the property,
and to achieve the goals and objectives of the Comprehensive Plan.
6.
Termination.
a.
An Alternate use permit expires and the alternate use must terminate
at the earlier of:
b.
An alternate use permit expires one year after approval if the
proposed use has not commenced or a building permit for a structure
to support the interim use has not been issued.
c.
An alternate use permit expires if the alternate use ceases
operation for a continuous period of at least three months, irrespective
of intent.
7.
Revocation or modification. The City Council may direct staff
to review an alternate use permit periodically and may revoke a permit
upon violation of any condition of the permit, any law of the United
States or the State of Illinois, or any City ordinance. If it is discovered
after approval of the alternate use permit that the City's decision
was based at least in part on false, misleading, or fraudulent information,
the City Council may revoke the permit, modify the conditions or impose
additional conditions to ensure compliance with this section.
I.
Administrative approvals.
1.
Application. Any property owner in the City of Crystal Lake
may file a petition for such administrative approvals as may be authorized
by this section of the Ordinance. The petition shall be made in writing
and shall be accompanied by maps, plans and other information as required
in Section 9-200A.
2.
Standards for approval.
a.
To be eligible for an administrative variation, the petition
shall meet the following standards:
(i)
The petitioner is performing maintenance, on a
legally permitted structure, which may include removal and replacement,
but shall not increase the nonconformity.
(ii)
The improvement is to meet a building code requirement;
such as a stoop or landing for egress purposes that would encroach
into the setback, provided the improvement is the minimum necessary
to meet the code.
(iii)
The construction of an accessory structure (deck,
fence, etc.) which does not increase the nonconformity as established
by the principal structure (e.g., A deck may be constructed off the
rear of the house, provided it does not extend farther into the setback
than the farthest point of the house. A fence, which does not meet
the setback requirement for the proposed height, may be constructed,
provided it does not extend farther into the setback than the house.).
(iv)
The addition/enlargement to a nonconforming structure
which does not increase the nonconformity into the setback, as established
by the farthest point of the existing structure.
(v)
The variation is the result of right-of-way taking.
(vi)
The minimum parking space requirements of Section
4-200 cannot be met and if one of the following is met:
1.
The parking requirements of a specific use or development
necessitate fewer parking spaces than required by this Ordinance.
In support of such request, the applicant must present a trip generation
and parking demand study or such other information deemed to be reliable
by the Zoning Administrator which demonstrates the reduced parking
demand for the development.
2.
For existing buildings in the Downtown District
and Virginia Street Corridor, when a change of use to a more intensive
use makes compliance with the required number of parking spaces impossible
because of specific site constraints, the applicant may request to
reduce the required number of off-street parking spaces.
(vii)
The variation cannot be for a setback encroachment
in the front yard of a lake lot.
(viii)
An existing front porch, stoop, or deck can
be covered with a roof, provided the sides remain open and the stoop
or deck does not exceed a five-foot-by-five-foot area.
b.
To be eligible for an administrative special use permit, the
petition shall meet the following standards:
3.
Procedure. Upon receipt of a completed application for an administrative
approval, the Zoning Administrator shall set a meeting date to review
the application.
4.
Notice. Petitioner shall provide a copy of the legal notice
by first-class mail to each adjacent property owner. "Adjacent" shall
mean across the street and kitty-corner, on either side of the lot
and behind, including kitty-corner. The notice will include a letter
detailing the process and how to make an objection to the request.
The petitioner shall also post a sign on the zoning hearing sign on
the subject property.
5.
Action. The Zoning Administrator, upon receiving no objection
from the public, shall approve or deny the request. If an objection
from the public is received or if the Zoning Administrator determines
that the application does not meet the above standards, the request
shall be referred to the Planning and Zoning Commission for final
action as outlined in Section 9-200C-6h. J. Appeals and stays of proceedings.
J.
Appeals and stays of proceedings.
An appeal may be taken from any order, requirement, decision
or determination of the Zoning Administrator relating to zoning matters
set forth in this Ordinance by any person aggrieved thereby, or by
any officer, department, board or commission of the City of Crystal
Lake. The appeal shall be taken within the time prescribed by the
Commission, by general rule, by filing a notice of appeal in duplicate,
specifying the grounds thereof, in the office of the Zoning Administrator
who shall transmit forthwith one copy to the Chairman of the Commission
along with all the papers constituting the record upon which the action
appealed from was taken.
An appeal stays all proceedings in furtherance of the action
appealed from, unless the Zoning Administrator certifies to the Commission
that, by reason of facts stated in the certifications, a stay would
cause imminent peril of life or property. In such case, the proceedings
shall not be stayed except by a restraining order issued by the Commission
or a court of record after notice to the Zoning Administrator and
on due cause shown.
The Commission shall select a reasonable time and place for
the hearing of the appeal, give due notice thereof to all interested
parties and shall render a written decision on the appeal without
unreasonable delay. Any person may appear at the hearing and present
testimony in person or by duly authorized agent or attorney. The concurring
vote of four members shall be necessary to reverse any order, requirement,
decision or determination of the Zoning Administrator.
K.
Withdrawal of application and repeated application.
1.
Withdrawal of application. A petitioner may withdraw an application
at any time prior to a final decision being rendered by the City Council.
The application fee would be returned if no staff review has been
initiated. Such withdrawal does not prohibit the petitioner from being
able to re-file such application, but any such refilling shall be
treated as an entirely new filing and shall be subject to all applicable
procedures and fees in the same manner as any other new application.
2.
Repeated application. If a request has been denied by the City
Council, it or one substantially similar may not be resubmitted within
12 months of the denial, unless there is substantial change in the
facts or a change in City policy which would change the outcome, as
determined by the Zoning Administrator.
L.
Notice. Within a reasonable time following receipt of all papers
and documents relating to a petition for a variation, special use,
planned unit development, watershed planned unit development, map
amendment (rezoning), text amendment, annexation or annexation amendment
(which shall follow state statute) the public shall be notified as
follows:
[Amended by Ord. No. 6543]
1.
There shall be published in the official Crystal Lake newspaper,
as defined by state statutes, a notice of the time and place of a
public hearing before the Planning and Zoning Commission. Such notice
shall be published, not less than 15 days nor more than 30 days, prior
to the hearing; shall contain the common address or location of the
property for which the variation, ruling or recommendation is being
sought; and shall include a brief description of the nature of the
matter being heard. The responsibility for public notice is that of
the petitioner.
2.
There shall be a sign posted upon the property involved in the
petition, of a size and coloring and with letters of sufficient size
as to be clearly legible to the public view on the nearest public
way, for at least 15 consecutive days prior to the hearing. The sign
shall specify the requested change in zoning, special use or variation
applied for and the date of the public hearing or public comment period.
The sign will be provided by the City of Crystal Lake as part of the
application procedure. It shall be the owners' responsibility to post
the sign, within 30 feet of the nearest public way, in front of the
property, prior to the hearing or public comment period and to remove
the sign within five working days after the hearing or public comment
period is concluded. The petitioner shall be responsible for maintaining
the visibility of the sign from said public way.
3.
In addition to the above, notice, by means of first class mail,
shall be sent, by the petitioner, to the owners of all property adjoining,
and within 200 feet adjacent to the property in question. The 200
feet shall not include public rights-of-way or alleys. Such notice
shall be given, within 15 days but not more than 30 days, prior the
hearing or public comment period. For the purpose of notice, "owner"
shall mean the person, to whom the most recent statement of real property
taxes on the property in question was sent, or the most current owner
of record. Mailing of same shall be certified to the hearing body,
as required. The petitioner shall be required to resend the notice
when the matter is requested to be continued, at the petitioner's
request to either a future meeting date that is at least two months
beyond the original meeting date that the notice was published for
or when more than three continuations are requested.
[Amended 1-18-2011 by Ord. No. 6641]
M.
Permits. No application for a building permit, other required permits,
license or certificate of occupancy shall be issued or approved which
would authorize the use or change in the use of land or building by
erection, moving, alteration, enlargement or occupancy, designed or
intended, to be used, for a purpose or in a manner contrary, to the
provisions of this Ordinance.
1.
Building permit. No building or structure shall hereafter be
erected or structurally altered, until a building permit shall be
issued by the Building Commissioner. The building permit shall state
that the building, structure or use of land complies with the regulations
of this Ordinance and all applicable ordinances.
All applications for building permits shall be accompanied by
a plat, in duplicate, drawn to scale, showing the actual dimensions
of the lot or lots to be built upon, the size of the building or structure
to be erected or structurally altered, its location on the lot or
lots and such other information as may be necessary to provide for
the enforcement of these regulations. A careful record of such applications
and plats shall be kept in the office of the Building Commissioner.
2.
Certificate of occupancy.
No building or structure, hereafter erected or structurally
altered, shall be occupied and used until a certificate of occupancy
has been issued by the Building Commissioner. The certificate of occupancy
shall be issued only after the Building Commissioner makes a finding
that the building or structural alteration is in conformance with
the provisions of this Ordinance and in accordance with a building
permit. Evidence attesting to the location of lot lines and the as-built
location of improvements shall be submitted to the City for all new
buildings and structures before a certificate of occupancy is issued.
Certificates of occupancy shall be applied for or requested
by the owner for work conducted in conjunction with a building permit
and shall be issued within 10 days after the erection and alterations
of such building shall have been satisfactorily completed. A record
of all certificates shall be kept on file in the offices of the Building
Commissioner and the Zoning Enforcement Officer and copies shall be
furnished, on request, to any person having a proprietary or tenancy
interest in the building affected.
N.
Fees. The development application fees can be found in the City Code
Chapter 241-4.
[Amended by Ord. No. 6543; 1-18-2011 by Ord. No. 6641; 10-6-2020 by Ord. No. 7656]
O.
Penalties. Any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with, or who resists the enforcement
of any of the provisions of this Ordinance shall be fined not less
than $50 nor more than $500 for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
P.
Separability. Should any article, section, subsection, clause or
provision of this Ordinance be declared by a court of competent jurisdiction
to be invalid, the same shall not affect the validity of the Ordinance
as a whole, or any part thereof, other than the part so declared to
be invalid.
