(A) The intent and purpose of the A-M Agriculture and Mining Overlay District (AMO) is:
(1) To provide for the long range mixed use development of a parcel upon which earth extraction material or mineral processing has been approved for a portion of the parcel.
(2) To identify and take advantage of the unique features of the parcel that provides superior development and infrastructure taking into consideration the parcel's condition as a result of earth extraction.
(3) To grant relief from the fixed regulations of conventional zones and from certain aspects of the subdivision and other engineering and regulatory ordinances and village plans. The AMO regulations supercede and govern the development of properties and, the instance of a conflict of regulations or in the instance when other village regulations exceed the standards of the AMO, the requirements of the AMO ordinance shall supercede all other requirements.
(4) To encourage an innovative site plan.
(5) To encourage the enhancement and development of the post extraction condition of the parcel.
(6) To obtain usable open space and recreational space.
(7) To increase the quality of the site design.
(8) To provide a compatible relationship between AMO land uses and adjoining land.
(9) To provide sensitive handling of on-site and off-site traffic flow for efficiency of circulation and safety.
(10) Provide land for agricultural uses as set forth in this section.
(B) AMO eligibility requirements.
(1) The parcel must have a unified design. The tract of land submitted for AMO development must be developed as a single design entity even though it may be developed in phases, or contain a wide variety of uses and activities otherwise not necessarily compatible with one another.
(2) All land in the parcel submitted as the AMO application must be initially under the control of the applicant.
(3) The AMO parcel shall be no less than 400 acres and the majority of the current underlying zoning for the parcel must be R-1, One-Family Residential Dwelling District.
(4) After a proposed development has received AMO tentative plan approval, additional properties which when put together are less than 300 acres may be added to the AMO parcel by an applicant who has received AMO tentative plan approval as long as the additional properties have been granted AMO District Zoning. Such additional properties must be contiguous to the parcel, and must enhance and further the purposes of the approved AMO tentative plan.
(C) There is a two-step AMO application review procedure as hereinafter set forth.
(D) Step One. AMO application and tentative AMO plan (Required).
(1) Tentative AMO information shall be filed with the village, including:
(a) Ten copies of a general description of the overall development and one electronic copy.
(b) A tentative plan of the proposed development fulfilling the requirements of this AMO ordinance including land uses and major roadways.
(c) Ownership of land.
(d) Minerals to be extracted or mined including a mining plan and reclamation plan.
(e) Character and composition of vegetation and wildlife on land to be affected.
(f) The nature, depth, and proposed disposition of the overburden.
(g) The estimated depth to which the mineral or aggregate resource will be extracted or mined.
(h) The technique to be used in the extracting and/or mining operation.
(i) Estimated type and volume of excavation.
(j) The equipment proposed to be used.
(k) Practices and methods to be used to minimize noise, dust, air contaminants, and vibration and to prevent pollution of surface or ground water.
(l) If applicable, the recycling of water used for washing and grading.
(m) If applicable, the proposed usage or drainage of excess water.
(n) The simultaneous reclamation plan including methods of accomplishment, phasing, and timing.
(o) Location of existing roads, and anticipated access and haulage roads operation(s).
(p) Location and names of all streams, creeks, wetlands and bodies of water within lands to be affected.
(q) Drainage on and away from affected land, including directional flow of water, natural and artificial drainage ways and waterways, and streams or tributaries receiving the discharge.
(r) A topographic survey with two foot- contours, at the same scale as the aerial photo showing the existing conditions on the subject site.
(s) A current Illinois Department of Natural Resources Endangered Species Consultation (EcoCAT) Report.
(t) Demonstrate compliance with all applicable performance standards as outlined in §§ 22.195 through 22.207 and surface mining standards as outlined in §§ 22.220 through 22.222. In cases where conflicts arise between the AMO district and the underlying zoning, the overlay district restriction apply.
(2) The petitioner shall submit 10 copies of the tentative plan plus one electronic copy (including all documents listed in division (D) of this section and the deposit required by the village) at least 45 days prior to a meeting of the Planning and Zoning Commission ("PZC"), at which time the petitioner shall make a presentation regarding the proposed development. The PZC shall make recommendations regarding the proposed development at their next regularly scheduled meetings (not longer than 45 days after the meeting).
(3) The Village Board of Trustees, upon receiving the report of findings and recommendation of the PZC, if any, may grant or deny any proposed Petition in accordance with applicable Illinois statutes or may refer it back to the PZC for further consideration one time.
(4) The tentative plan is a general indication of the proposed land uses and the general or schematic locations of detention areas, open spaces, and parks. At this stage of planning, detailed data pertaining to precise building locations, parks, and detention will not be available and will be further refined as the plans progress to the final plan stage. The more detailed data and site plans shall be submitted to the village for review and approval at the final plan stage of development. It is understood that the engineering plans for the development of the property shall not be completed at this early stage of planning. The tentative plan will undergo further refinement and when the final plan is prepared it will be submitted for final site plan approval and engineering approval by the village. The final plan may be submitted for approval either in phases or as a whole. Tentative and final plans shall permit a lesser residential density in area approved for a higher residential density.
(5) The tentative plan submittals shall also contain the following:
(a) Analysis of relationship to Village Comprehensive Plan. An analysis of how the proposed development complies with and advances the goals and policies established in the Village Comprehensive Plan.
(b) General site information. Data regarding site conditions, land characteristics, general land use, existing and proposed zoning including designation of an underlying village zoning district. A summary of the site data must be provided listing the percentages of the site for each anticipated use.
(c) Sketch plan. A scaled drawing in simple sketch form showing the proposed location and extent of the land uses, anticipated designated areas for specific uses along with the types of land uses, approximate number of acres assigned to each land use, the total number of dwelling units.
(E) The criteria for approval of a Reclassification to A-M Agriculture and Mining Overlay District (AMO) tentative AMO plan are as follows:
(1) Does the plan take advantage of the unique qualities of the property?
(2) Compatible with use or zoning of environs. The proposed use(s) or the uses permitted under the zoning classification are compatible with existing uses or existing zoning of property in the environs.
(3) Supported by trend of development. The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification.
(4) Consistent with comprehensive plan objectives. The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the village as viewed in light of any changed conditions since the adoption of the plan.
(5) Furthers public interest. The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant.
(6) The extent to which infrastructure will be provided for the property which may benefit contiguous properties subject to the owner's ability to recapture an equitable portion of its expense for said infrastructure.
(7) The extent to which the plan promotes the orderly growth of the village and positively affects the long range interest of the village.
(8) Steps taken to minimize effect on adjoining properties.
(F) Step Two. AMO application, final AMO plan (Required).
(1) The final plan accompanied by a proposed final plat for any phase of the development shall be submitted to the PZC and shall be reviewed at its next regularly scheduled meeting. The PZC shall make its recommendations regarding the final plan no later than their next meeting after the meeting at which the initial review has occurred (within 45 days). The Village Board shall take final action on a final plan promptly after receipt of the recommendation of the PZC. If no recommendation is timely made by the PZC, then the final plan shall be deemed to have been approved by the PZC as presented. It is recognized that Overlay District developments are of a different character and may require modifications and variations from the subdivision ordinance and other ordinances of the village. Such modifications shall be reasonably considered and approved by the village in its reasonable discretion as part of the final plan approval process as long as the final plan conforms to requirements of the village's subdivision ordinance. However, it is understood that the requirements of the stormwater detention ordinance will be abided by unless the village and McHenry or Lake County (if required) grant a waiver of same or portions of same in light of the lakes that may be created on a parcel.
(2) The final plan (ten copies) for any phase of the development shall include:
(a) All items required by division (D) of this section.
(b) Final plat of subdivision.
(c) All documents required by the village's subdivision ordinance.
(d) Service facilities. Provide information on all service facilities, related driveways, private streets, paths and off street parking facilities.
(e) Schedule/phasing. Anticipated development schedule indicating:
1. Stages in which project will be built, with emphasis on area, density, use and public improvements/facilities, such as open space to be developed with each stage.
2. Each stage shall be described and mapped as a phase of the project. The overall design of each phase shall be shown on the plan and through supporting graphic material.
(3) Anticipated dates for beginning and completion of each phase.
(a) Market analysis. If requested by the village, background data indicating the extent of market demand for the uses proposed in the development shall be provided.
(b) Covenants/Homeowners Association. Proposed methodology as to how the use, maintenance, and continued protection of the development, ponds, lake and any of its common open space will occur.
(c) Residential. Provide information on the density of residential uses, including dwelling units per gross acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the development; gross being all land excluding perimeter roadway dedication and net being gross acres as previously defined minus land used for other land use classes/districts and utilities that serve land not included in the development); and the number of dwelling units by type. Information should be provided for each phase in the development.
(d) Nonresidential intensity. Provide information on the type and amount of nonresidential uses including locations, the amount and location of common open space; and any other data pertinent to a comprehensive evaluation of the proposed development.
(e) Landscape data. Preliminary landscape standards, which shall include enhanced landscaping between different use zones; portions of the property perimeter and the property's frontage.
(f) Traffic analysis. If requested by the village, a study of the impact caused by the development on the street and highway systems operating in the village will be required. Copies of the analysis shall be provided to other governmental entities with jurisdictional control over any roadways contained within or abutting the development along with a request that such entities acknowledge receipt of and provide written comments on the analysis to the village.
(g) Variations. Listing of known variations to be requested from the subdivision regulations.
(h) The required information for Final AMO review shall be submitted to the Village Clerk a minimum of 60 days prior to the meeting with the Village PZC, and promptly forwarded to village staff, the Village Engineer, the PZC and the Board of Trustees.
(G) Modification to the tentative or final plans in the AMO District. Minor changes are defined as changes that do not increase the residential density of any phase of an approved tentative plan or approved final plan, and do not require variations from the village's subdivision ordinance or zoning ordinance. The village shall determine whether a change is minor or major. A minor change may be approved by the Mayor. Major changes shall require approval of the Village Board, and if a variation from the zoning ordinance is required, then a public hearing must be held before the PZC.
(H) Expiration of AMO plan approval. The tentative AMO plan approval shall expire 50 years after the date of its approval unless an application for Final AMO review has been submitted to the Village Clerk for all or a portion of the parcel within the 50-year time period unless extended by the Village Board.
(I) Permitted and conditional uses in AMO District.
(1) Permitted uses.
(a) Surface mining including earth materials processing.
(b) In those areas where surface mining has been completed parks, open space, recreational uses and all residential uses set forth in § 22.066 of the village zoning ordinance are permitted.
(c) For that portion of parcels located within 400 feet of the right-of-way of Illinois Route 120, all Commercial Zoning District uses allowable in C-1, and C-3.
(d) Agricultural uses except for the keeping of farm animals and horses.
(2) Conditional uses.
(a) The keeping of farm animals and horses.
(b) Outdoor storage of equipment not used on site.
(c) Fill operations including but not limited to clean construction and demolition debris (CCDD) operations and uncontaminated soil fill operation (USFO).
(J) Bulk standards shall be in accordance with the village code.
(K) Off-street parking. Off-street parking, not otherwise modified by this section, shall be required to comply with the parking regulations in accordance with the off-street parking provision of the village zoning ordinance.
(L) Application of other ordinances. All streets and related street improvements and storm water control facilities shall be designed by a registered professional engineer. All public streets and storm water control facilities shall be constructed consistent with the subdivision regulations and other ordinances of the village as amended from time to time unless amended by this section.
(1) It is recognized that overlay district developments may vary from the rigid guidelines of conventional zoning standards and from certain engineering and subdivision regulations. In this respect the village will reasonably consider and approve in its discretion any variations to the subdivision control ordinance and other ordinances in order to effectuate the implementation of the AMO tentative and final plans.
(2) Except as modified by this section, the property will be developed in accordance with the village code and the village's zoning ordinance and subdivision regulations and building code as amended from time to time, and as uniformly applied within the village.
(M) Open space at final plan. Common open and recreational space shall be schematically depicted specifically defined in the final plans. The areas depicted in the tentative plans may be altered in context with the progression of future tentative and final plans. Common open space is defined as land used for pond, lakes, detention, floodplains and passive and active recreational areas. The total provision of open space may be divided and located within different phases of the entire development. The open space may be owned either by the homeowners association or in the alternative by a governmental unit with approval of the governmental unit.
(1) It is recognized that some final plans will have less than 30% open space and others will have more than 30% open space, however, in no event shall the overall AMO District have less than 30% open space when fully developed.
(2) At a developer's cost improvements may include, but are not limited to, planned landscaping, walkways, driveways, clubhouses, swimming pools, tennis courts, and golf courses. Open space dedicated to a governmental unit shall be maintained by that unit of government and improvements by the owner, if any, shall be as required by the subdivision control ordinance.
(N) Overlay District.
(1) The A-M Agriculture and Mining Overlay District (AMO) is an "Overlay" District in addition to the underlying zoning classifications. Any AMO zoning designation shall supplement other zoning districts ("Underlying Zoning District"). The uses allowed in the underlying zoning district as well as the uses allowed in the AMO are permitted uses within these areas.
(2) Upon final plat recording for AMO uses, only the uses permitted in the AMO District shall be permitted as to the property described in said final plat and the uses allowed in any other underlying zoning district shall no longer be permitted as to the property described in said final plat unless it is a permitted AMO use. Once an AMO parcel is platted for the purpose of using the underlying zoning district, the AMO conditional uses shall no longer be available for the parcel so platted.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 17-O-32, passed 10-3-2017; Ord. 18-O-08, passed 2-27-2018; Ord. 20-O-21, passed 11-17-2020)
O-I | I-1 | AMO | |
O-I | I-1 | AMO | |
Minimum lot area | 5,000 | 15,000 | Bulk standards shall be in accordance with the underlying R-1 zoning district standards |
Minimum lot width | 50 | 100 | |
Minimum front yard and corner side yard setback (a) | 30 | 40 | |
Minimum interior side yard setback (a) | 10 | 10 | |
Adjacent to Residential District (a) | 15 | 35 | |
Minimum rear yard setback (a) | 15 | 15 | |
Adjacent to Residential District (a) | 25 | 50 | |
Maximum floor area ratio | 1.0 | 1.0 | |
(a) Plus two feet for each one-foot of building height over 35 feet | |||
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 18-O-14, passed 5-15-18; Ord. 19-O-02, passed 1-15-19; Ord. 19-O-20, passed 9-17-2019)
Table 9: Permitted and Conditional Uses in the Office-Institutional, Industrial, and Agricultural and Mining Overlay District (AMO) P = Permitted, C = Conditional Use Permit | |||
Land Use Category | O -I | I -1 | AMO |
Accessory uses, buildings, and structures to all permitted uses in the district, including off-street parking and loading and signs as provided herein | P | P | P |
Adult business, as defined herein | P | ||
Agricultural uses, not including the keeping of farm animals | P | ||
Agricultural uses, including the keeping of farm animals | C | ||
Amusement establishment, indoor | C | ||
Amusement establishment, outdoor | C | ||
Animal hospitals | C | P | |
Antenna-non residential | C | C | |
Asphalt and concrete batch plants, including cement and mortar mixing plants | C | C | |
Automated teller machines (not including drive-through) | P | ||
Awards and trophy sales | P | ||
Bakery wholesale and production | P | ||
Banks, credit unions, currency exchange, financial institutions (not including drive-through) | P | ||
Broadcasting studio | C | C | |
Business machines sales, rental and service | P | ||
Cannabis cultivation or craft grower center (Recreational or Medical) | C | ||
Care facility | C | ||
Cartage company | P | ||
Catering establishments | C | ||
Clean construction and demolition debris (CCDD)/fill operations including uncontaminated soil fill operation (USFO) | C | ||
Crematories | C | ||
Coal, petroleum or oil processing and/or refining | C | ||
Computer sales, rental and service | P | P | |
Conditional public uses | C | C | C |
Construction yard | C | ||
Contractor and construction office, including showrooms | P | P | |
Contractor and construction shop, not including outdoor storage | P | ||
Convention, exhibit hall, meeting hall, union hall | C | ||
Detonable material storage and utilization, over five pounds and subject to performance standards herein | C | ||
Drive-through establishments | C | ||
Day care center, adult | C | ||
Day care center, child | C | ||
Dry cleaning plants and laundries | P | ||
Dwelling unit for care taker or guard | P | P | P |
E-commerce, order fulfillment center, parcel pick-up and delivery centers | C | P | |
Educational institutions | C | ||
Employment agency | P | ||
Eyewear exams, sales, and service | P | ||
Feed, flour, and grain storage | C | ||
Food production, packaging, and distribution | C | ||
Funeral home and mortuaries | P | ||
Golf courses and country clubs, private | C | C | |
Gunsmith (FFL, retail, service and training) | P | P | |
Health clinic, 5,000 square feet or greater | P | ||
Health clubs and gymnasiums | C | ||
Hospitals and urgent care facilities | C | ||
Hydroponics | C | P | |
Internet sales, subject to Village of Lakemoor as point of sale | P | P | |
Kennel | C | C | |
Laboratories, medical, dental, research and testing | C | P | |
Low-nuisance light manufacturing, fabricating, processing, cleaning, servicing, repair, and assembly facilities not listed elsewhere as permitted or conditional uses that are able to conform to the performance standards herein for light industrial | P | ||
Manufacturing, fabricating, processing, cleaning, servicing, repair, and assembly facilities that are not listed elsewhere as permitted or conditional uses, including but not limited to facilities for abrasive products, boilers, chemicals, ceramics, clay, coal and tar products, fiberglass, foundries, glass, metal, rubber, textiles, transportation equipment, and for any other facilities that are able to conform to the performance standards herein for heavy industrial uses | C | ||
Medical and dental laboratory | C | P | |
Medical cannabis cultivation center | C | ||
Medical cannabis dispensary establishments | P | ||
Mineral extraction and quarries | C | P | |
Motor freight and cartage storage yard | C | ||
Motor vehicle repair, major | C | ||
Motor vehicle repair, minor | C | ||
Motor vehicle and equipment rental | C | ||
Newspaper distribution agencies for home delivery and retail trade | P | ||
Offices-business, dental, medical, professional and governmental | P | P | |
Office supply store | P | ||
Outdoor storage associated with any permitted or conditional use in the district | C | C | C |
Permitted public uses | P | P | P |
Personal wireless telecommunication facilities | C | C | |
Philanthropic and charitable institutions, as defined herein | P | ||
Photocopying and duplication establishment | P | ||
Physical rehabilitation center | P | ||
Planned unit development | C | C | C |
Post office | C | C | |
Radio and television broadcasting studio | C | ||
Recording studio | C | C | |
Recreational and sports training facility | P | ||
Recycling centers, solid waste | C | ||
Research and development facilities | C | P | |
Salt distribution, processing, and storage | C | ||
Schools, commercial | P | P | |
Small wireless facilities, see § 22.320 | P | P | |
Tanning, curing and/or storage of rawhides and skins | C | ||
Temporary buildings or trailers for construction purposes for a period not to exceed the duration of construction | P | P | P |
Transfer facility and stations, landscaping and solid waste | C | ||
Travel agency and transportation ticket offices | P | ||
Trailer repair and service facility | C | ||
Warehousing, distribution facilities, and storage, not including outdoor storage | P | ||
Wholesaling | P | ||
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 13-O-27, passed 10-24-2013; Ord. 14-O-36, passed 11-14-2014; Ord. 15-O-33, passed 9-24-2015; Ord. 17-O-10, passed 3-9-2017; Ord. 17-O-32, passed 10-3-2017; Ord. 19-O-06, passed 3-5-2019; Ord. 19-O-20, passed 9-17-2019; Ord. 20-O-03, passed 3-3-2020)