A. Definition: The "official comprehensive plan" of the village shall be defined as a compilation of policy statements; goals; standards; maps; recommended planning, regulatory, fiscal, and public works programs; pertinent data relative to the past, present, and future trends of the village with respect to its population, housing, economic, social, and environmental development patterns and its land, water, and natural resources and use and its transportation facilities, public facilities, and utilities; and any other matter relative to the present and future patterns of life within the village or within the unincorporated areas lying within one and one-half (11/2) miles of its boundaries as they may from time to time exist, prepared and recommended by the plan commission with the advice and assistance of the village manager and the village manager's staff and adopted by the board of trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time. The term "official comprehensive plan" also shall refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area. As of the effective date of this zoning code, the term "official comprehensive plan" shall be understood to refer to the following documents:
1. The Lake Zurich 2003 comprehensive land use plan.
2. This zoning code.
3. The Lake Zurich land development code, as amended, set forth in title 10 of the Lake Zurich municipal code.
4. Sections 3, 4, and 5 of the "Transportation Plan And Redevelopment Strategy For The Village Center", prepared by Trkla, Pettigrew, Allen & Payne, Inc., related to potential redevelopment of downtown Lake Zurich.
B. Purpose: The official comprehensive plan shall be considered an official statement of the policy of the village with respect to the existing and developing character of the various areas of the village and its vicinity; the proper objectives, standards, and direction for future maintenance, growth, development, and redevelopment of the village; the means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the village; and the actions and programs to be undertaken by the village with respect to its future maintenance and development.
C. Effect: After the adoption of the official comprehensive plan or a part thereof, no ordinance, regulation, or official map relating to the physical maintenance, development, or redevelopment of the village or any land within it shall be enacted, established, amended, or varied and no right of way, street, utility, or public structure or land shall be authorized, established, developed, redeveloped, or modified in location or extent except in accordance with the policies, goals, objectives, principles, and standards of the official comprehensive plan or relevant part thereof unless the board of trustees shall first make a specific finding that the facts and circumstances affecting the particular matter justify a departure from the official comprehensive plan.
D. Procedures:
1. Plan Development: The plan commission, with the assistance of the village manager and the village manager's staff, shall oversee the continuing development and revision of the official comprehensive plan. The plan commission and the village manager, in developing a plan, shall make all reasonable efforts to obtain the views, comments, and criticisms of interested persons. In addition, the plan commission, prior to making any recommendation for the adoption or amendment of a plan or part thereof to the board of trustees, shall set, notice, and conduct a public hearing thereon in accordance with the provisions of section 9-14-3 of this title.
The board of trustees, at any time, may refer a plan to the plan commission for consideration and recommendation. In the case of such referral, the plan commission shall return its recommendation to the board of trustees not later than ninety (90) days after the receipt of the referral. If such recommendation is not so delivered, then the board of trustees may proceed to consider the amendment without such recommendation.
When satisfied that a plan or a part thereof is adequate for adoption as, or as an amendment of, the official comprehensive plan of the village or a part thereof, the plan commission shall transmit such plan or part thereof to the board of trustees together with its recommendations for adoption of such plan as well as any reports or statements deemed necessary to a full consideration of such plan or part thereof. Such reports or statements may include majority and minority positions. Such transmittal shall be made not later than fifteen (15) days after the close of the public hearing concerning such plan.
2. Plan Adoption: After receiving any recommendation of the plan commission with respect to the adoption or amendment of any plan or a part thereof, the board of trustees, by ordinance duly enacted, may adopt such plan in whole or in part, with or without amendments; or may refer such plan or any part thereof back to the plan commission for further consideration; or may reject such plan. The board of trustees shall take such action not later than ninety (90) days after the close of the plan commission public hearing on such plan. The failure of the board of trustees to act within such period shall be deemed to be a rejection of the plan. Upon the adoption of any such plan or part thereof, it shall be designated as the "official comprehensive plan of the village of Lake Zurich" and, if less than a total comprehensive plan, shall carry a subheading designating its specific contents.
3. Plan Amendment: The official comprehensive plan, or any part thereof, may be amended at any time in accordance with the provisions of this subsection D3. Such an amendment may be initiated by the board of trustees, the plan commission, the village manager, or by any owner of property affected by the provisions of such plan sought to be amended. Amendments initiated by the board of trustees, the plan commission, or the village manager shall require no formal application and shall be processed as provided in subsections D1 and D2 of this section. Amendments initiated by the owner of affected property shall be initiated by an application filed pursuant to section 9-14-1 of this title, except that the time limits specified in subsections D1 and D2 of this section shall apply.
4. Plan Filing And Notice Of Adoption: The ordinance adopting the official comprehensive plan, or any part thereof, shall provide that the village manager shall cause a certified copy thereof to be placed on file in the office of the village clerk and shall cause a notice evidencing the adoption of such plan, or part thereof, to be filed with all municipalities adjacent to the village and with the Lake County recorder of deeds. (Ord., 10-2004)