ORDINANCE NO. 2024-01-542

AN ORDINANCE AMENDING VARIOUS CHAPTERS TITLES 9, AND 12

OF THE LAKE ZURICH MUNICIPAL CODE

(Miscellaneous Code Amendments)

WHEREAS, the Village of Lake Zurich ("Applicant") filed an application on December 4, 2023, seeking to amend certain provisions within Title 9 (“Zoning Code”), and Title 12 (“Signs”) of the Lake Zurich Municipal Code (“Municipal Code”), such provisions set forth in Chapters 3, 4, 5, 6 and 24 of said Zoning Code, and in Chapter 1 of said Sign Code, (“Application”); and

WHEREAS, in compliance with the law, and the requirements of Title 9 of the Municipal Code, notice was published on November 25, 2023, in the Daily Herald newspaper informing the public of a public hearing to be held before the Lake Zurich Planning and Zoning Commission (“PZC”) on December 13, 2023, to consider this Application for amendments to the current provisions of Title 9 and Title 12 of the Municipal Code, a copy of said notice attached hereto as Exhibit A; and

WHEREAS, the PZC received the STAFF REPORT dated December 13, 2023, consisting of 5 pages, all as set forth in Exhibit B, and considered the Application for these amendments to Title 9 and Title 12 of the Municipal Code, and, after the conclusion of the public hearing, the PZC voted to recommend that the Board of Trustees approve such amendments to the existing provisions of the Municipal Code.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Lake Zurich, Lake County, Illinois, as follows:

SECTION 1: ADOPTION AND INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as the findings of the Mayor and Board of Trustees.

SECTION 2: APPROVAL OF AMENDMENTS TO TITLE 9 OF THE VILLAGE MUNICIPAL CODE. The Board of Trustees, pursuant to the authority vested in it under the laws of the State of Illinois and the Lake Zurich Municipal Code, hereby approves the following amendments to Chapters 3, 4, 5, 6, and 24 of Title 9 of the Lake Zurich Municipal Code, specifically as follows:

A.   An amendment to subparagraph 6, entitled “Specified Structures And Uses In Required Yards:” of paragraph E, entitled “Exceptions and Explanatory Notes:” of Section 9-3-11 entitled “Bulk, Space, And Yard Requirements” of Chapter 3, entitled “Residential Districts,” of Title 9 of the Municipal Code by amending the provisions of Subparagraph 6 to add the provisions shown in bold italics and underscored, including a new sub-subparagraph “m” providing regulations for “Service Walks” each as depicted in bold italics and underscored, to read as set forth below in its entirety:

6. Specified Structures And Uses In Required Yards: The following structures and uses, except as limited below, may be located in any required yard:

a.   Statuary, arbors, trellises, and ornamental light standards having a height of 8 feet or less, but not in any side yard in the LP district; and

b.   Eaves and gutters projecting not more than 2 feet from an exterior wall; and

c.   Awnings, canopies, bay windows, and balconies projecting not more than 3 feet into a front or rear yard from an exterior wall for a distance not more than 1/3 of the length of such wall, projecting not more than 2 feet into a side yard from an exterior wall for a distance not more than 1/4 of the length of such wall; and

d.   Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, and the like projecting not more than 2 feet from an exterior wall, but not in any side yard in the LP district; and

e.   Outside stairways that extend from an exterior wall, but not more than 3 feet into the required yard, not greater than a height of 4 feet or less, and not in any side yard in the LP district, and provided that such exterior wall shall be located outside of the required yard; and

f.   Flagpoles, but not in any side yard in the LP district; and

g.   Clotheslines, except in any front, side, or corner side yard; and

h.   Terraces, but not within 20 feet of any front, corner side, or rear lot line, and not within 5 feet of any interior side lot line; and

i.   Recreational devices, but only freestanding basketball standards and no other recreational devices in any front yard and not in any side yard in the LP district; and

j.   Fences, walls (except in corner side yards), and hedges, subject to the limitations of the Lake Zurich municipal code; and

k.   Driveways, subject to the limitations of subsection 9-10-1C of this title, but not within 3 feet of any side lot line on the lot on which such driveway is located, including, without limitation, any unimproved (dirt, gravel, or other) driveway that is paved and any driveway that is substantially rebuilt or that is removed and replaced. However, an existing residential driveway that encroaches on the required 3-foot side lot line may be maintained, repaired, and replaced at its current location if, but only if, the driveway complied at the time of its original installation with applicable provisions of this zoning code; and

l.   Service Walks may not be within 3 feet of any side lot line on the lot on which such service walk is located, including, without limitation, any unimproved (dirt, gravel, or other) service walk, a service walk that is paved, and any service walk that is substantially rebuilt or that is removed and replaced. However, an existing service walk that encroaches into the required 3-foot side lot line setback may be maintained, repaired, and replaced at its current location, but only if the service walk complied at the time of its original installation with applicable provisions of this zoning code; and

m.   Decks, swimming pools, swimming pool equipment, and gazebos in any residential district, but not in any front, corner side, or interior side yard and not within 23 feet of any rear lot line. Swimming pools shall not be located closer to the front lot line than any part of the principal building and shall not be located in any required front yard or corner side yard.

The remaining provisions of Section 9-3-11 shall remain unchanged in their present form as stated.

B.   An amendment to Paragraph C entitled “Retail Trade” and Paragraph E entitled “Services” of Section 9-4-2 entitled “Permitted Uses” of Chapter 4 entitled “Business Districts”, of Title 9 of the Municipal Code as depicted below, those provisions shown in strikeout to be deleted, and those shown in bold italics and underscored to be added, to read as set forth below:

9-4-2: PERMITTED USES:

The following uses and no others are permitted as of right in the Business Districts indicated in the following table. In interpreting the use designations, reference should be made to the "Standard Industrial Classification Manual", the North American industry classification system, and chapter 15 of this title. SIC codes and NAICS codes, where applicable, are given in parentheses following each use listing.

                                                                                     

			B-1	B-2	B-3
C.	Retail trade:
	1.	Paint, glass, and wallpaper stores (523)	P	P	P
	2.	Hardware stores (525)	P	P	P
	3.	Department stores (531)	-	-	P
	4.	Variety stores (533)	P	P	P
	5.	Miscellaneous general merchandise stores (539)	P	P	P
	6.	Grocery stores (541)	P	P	P
	7.	Meat and fish markets (542)	P	P	P
	8.	Fruit and vegetable markets (543)	P	P	P
	9.	Candy, nut, and confectionery stores (544)	P	P	P
	10.	Dairy products stores (545)	P	P	P
	11.	Retail bakeries (546)	P	P	P
	12.	Miscellaneous food stores (549), except poultry dealers	P	P	P
	13.	Men's and boys' clothing and accessory stores (561)	P	P	P
	14.	Women's clothing stores (562)	P	P	P
	15.	Women's accessory and specialty stores (563)	P	P	P
	16.	Children's and infants' wear stores (564)	P	P	P
	17.	Family clothing stores (565)	P	P	P
	18.	Shoe stores (566)	P	P	P
	19.	Miscellaneous apparel and accessory stores (569)	P	P	P
	20.	Home furniture and furnishing stores (571)	P	P	P
	21.	Household appliance stores (572)	P	P	P
	22.	Radio, television, consumer electronics, and music stores (573)	P	P	P
	23.	Eating places (5812), but not including live entertainment or drive-in establishments	P	P	P
	24.	Drinking places (5813) accessory to permitted eating places or accessory to a special use granted at subsection 9-4-3J1 of this chapter	P	P	P
	25.	Drugstores and proprietary stores (591)	P	P	P
	26.	Sporting goods stores and bicycle shops (5941)	P	P	P
	27.	Bookstores (5942)	P	P	P
	28.	Stationery stores (5943)	P	P	P
	29.	Jewelry stores (5944)	P	P	P
	30.	Hobby, toy, and game shops (5945)	P	P	P
	31.	Camera and photographic supply stores (5946)	P	P	P
	32.	Gift, novelty, and souvenir shops (5947)	P	P	P
	33.	Luggage and leather goods stores (5948)	P	P	P
	34.	Sewing, needlework, and piece goods stores (5949)	P	P	P
	35.	Florists (5992)	P	P	P
	36.	Tobacco and Alternative Nicotine Product stores and stands (5993) but only subject to the following conditions: 1.   The establishment and operation of such uses shall conform to the provisions of Sections 3-2-4 and 3-2-18. 2.   Such uses shall not be located within one thousand five hundred feet (1,500 feet) of the property line of any residential property, school, daycare facility or property intended for use by minors for education or recreational purposes. 3.   Such uses shall not be located within 1,000 feet of any other Principal Tobacco and Alternative Nicotine Product stores as defined in Section 9-24-2. 4.   The on premise use of tobacco and alternative products shall only be conducted within designated lounges as defined in Section 9-24-2 and in conformance with the provisions of Section 3-2-18.	P	P	P
	37.	Lounges for the use of tobacco or alternative nicotine products, and only accessory to an approved tobacco and alternative nicotine product store and stand, but only subject to the following conditions: 1.   Such use shall not exceed the normal business hours of the principal use. 2.   Lounges shall only be permitted when the principal use is the sole occupant located within a freestanding building. 3.   Adequate ventilation shall be provided for the removal of all smoke and vapor generated as a result of the use of the lounge. The ventilation system shall also assure that smoke or vapor from the lounge is incapable of migrating into any other portion of the building operating the lounge or into any other building in the vicinity of the lounge.	P	P	P
	38.	Accessory Tobacco and Alternative Nicotine Product stores and stands (5993) but only subject to the following conditions: 1.   Such uses shall only be accessory to a land use that is otherwise permitted within Section 9-4-2: Permitted Uses: C. Retail Trade, OR Section 9-4-3: Special Uses: C. Retail Trade 2.   Such uses shall not occupy more than 10% of the floor area of the premises or 200 square feet, whichever is less 3.   Such uses shall be so designed, located, and advertised so as not to be visible or accessible except from the interior of such building and within view and control of the manager of the premises at all times. 4.   Such uses shall not include the establishment, operation or on-premise use of tobacco and alternative products within smoking lounges	P	P	P
	39.	News dealers and newsstands (5994)	P	P	P
	40.	Optical goods stores (5995)	P	P	P
	41.	Miscellaneous retail stores (5999), but not including auction rooms, firework sales, gravestone sales, sales barns, or tombstone sales	P	P	P
	42.	Miscellaneous retail trade uses, not otherwise classified, if approved by the Village Manager; provided, however, that any such use shall be: a) compatible with and consistent with existing retail uses in the vicinity of the proposed use, b) consumer oriented, and c) Retail Sales Tax generating if located in the B-3 District. If the Village Manager approves such a use, then the Manager shall report such approval to the next regularly scheduled meeting of the Board of Trustees, which may, by majority vote of those present, overrule such approval. No such use shall be finally approved until after such meeting of the Board of Trustees	P	P	P
	43.	Computer and software stores (5734) (NAICS 443120)	P	P	P

 

                                        

E.	Services:
	1.	Garment pressing, and agents for laundries and dry cleaners (7212)	P	-	-
	2.	Photographic studios, portrait (722)	P	P	P
	3.	Beauty shops (723)	P	P	P
	4.	Barbershops (724)	P	P	P
	5.	Shoe repair shops and shoeshine parlors (725)	P	P	P
	6.	Tax preparation services (7291)	P	P	P
	7.	Office (73)	P	P	P
	8.	Advertising services (731)	P	P	P
	9.	Employment agencies (7361)	P	P	P
	10.	Computer programming, data processing, and other computer related services (737)	P	P	P
	11.	Photofinishing laboratories (7384)	-	P	P
	12.	Packaging and labeling service (not packing and crating), parcel packing service (packaging), and mailing service (7389)	-	P	P
	13.	Electrical repair shops (762), but not including refrigeration and air conditioning service and repair shops (7623)	-	P	-
	14.	Watch, clock, and jewelry repair (763)	P	P	P
	15.	Picture framing to individual order, not connected with retail art stores, and picture framing, custom (7699)	P	P	P
	16.	Videotape rental (784)	P	P	P
	17.	Offices and clinics of doctors of medicine, dentists, osteopaths, chiropractors, optometrists, podiatrists, and other health practitioners (801-804)	P	P	P
	18.	Legal services (81)	P	P	P
	19.	Engineering, architectural, and surveying services (871)	P	P	P
	20.	Accounting, auditing, and bookkeeping services (872)	P	P	P
	21.	Management and public relations services (874)	P	P	P
	22.	Miscellaneous services (89)	-	P	P
	23.	The following general office services: clerical services such as telephone, fax, copier, computer, scheduling, billing, administration, and other clerical work in support of a retail use or other permitted service use that is performed off site. Such general office services shall not include any use that is listed as a permitted or special use in the B-2 District and shall not include any delivery, distribution, or storage of materials	-	P	-
	24.	The following miscellaneous personal services, not elsewhere classified (7299): baby sitting bureaus, birth certificate agencies, buyers' clubs, car title and tag service, checkroom concessions or services, clothing rental (except industrial launderers and linen supply), college clearinghouses, computer photography or portraits, consumer buying service, costume rental, debt counseling or adjustment service to individuals, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, hair weaving or replacement service, marriage bureaus, massage therapy, porter service, quilting for individuals, scalp treatment service, shopping service for individuals, tanning salons, tuxedo rental, valet parking wardrobe service (except theatrical)	P	P	P
		Massage therapy shall be subjected to the following conditions:
		a. Such use shall be ancillary to a full-service hairdressing and beauty salon (729), ancillary to a full-service nail salon in the B-3 District only, or such use shall be ancillary to an office or clinic of doctors of medicine, osteopaths, chiropractors, podiatrists, and other health practitioners (801-804)
		b. Such use shall be offered during normal business hours, and only when all other services of business are offered, and never before 8:00 A.M. or after 9:00 P.M. on any day
		c. Massage therapy services shall be restricted to 2 rooms, not to exceed a total of 200 square feet. "Tune up" services shall be restricted to the reception area
		d. Massage therapy services shall be performed only by trained and professionally certified massage therapists
	25.	Physical fitness facilities (7991) including aerobic dance and exercise classes, health clubs, exercise salons, fitness salons, gymnasiums, physical fitness centers, reducing facilities-physical fitness (without lodging), slenderizing salons, spaces-health fitness (except resort lodges)	P	P	P
	26.	Yoga Instruction (7999)	P	P	P
	26.	Computer programming (NAICS 541511) -	P	P	P
	27.	Computer software analysis and design (NAICS 541512)	P	P	P
	27.	Personnel supply services (7360)	P	P	P
	28.	Photocopying and duplicating service (7334)	P	P	P
	29.	Party stores (454390)	P	P	P
	30.	Travel agencies (4724)	P	P	P

The remaining provisions of Section 9-4-2 shall remain unchanged in their present form as stated.

C.   An amendment to Subparagraph 15 entitled “Cannabis Dispensing Organization,” “Cannabis Infuser Organization Or Infuser” of Paragraph C entitled “Retail Trade” of Section 9-4-3 entitled “Special Uses” of Chapter 4 entitled “Business Districts”, of Title 9 of the Municipal Code as depicted below, those provisions shown in strikeout to be deleted, and those shown in bold italics and underscored to be added to read as set forth below:

9-4-3: SPECIAL USES:

Except as specifically limited, the uses listed in the following table may be permitted in the Business Districts indicated subject to the issuance of a special use permit as provided in chapter 19 of this title. In interpreting the use designations, reference should be made to the "Standard Industrial Classification Manual", the North American industry classification system, and chapter 15 of this title. SIC codes and NAICS codes, where applicable, are given in parentheses following each use listing.

 

15.

CANNABIS DISPENSING ORGANIZATION CANNABIS INFUSER ORGANIZATION OR INFUSER (SIC #5912) and only subject to the following conditions: 1. The establishment and operation of such uses shall conform to the provisions of Title 3 “Business Licensing, Regulation, Taxation, and Fees.” 2. Such uses shall not be located within five hundred feet (500 feet) of the property line of any school, daycare facility or group home.  3. Such uses shall not be located within two hundred fifty feet (250 feet) of the property line of any parks or property intended for recreational purposes. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest property line of the premises of any school, child daycare facility, parks, property intended for recreational purposes 4. Such uses shall not be located within 1,500 feet (state law) of any other Cannabis Business Establishment as defined in Chapter 9-24-2. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest exterior structural wall of any other existing cannabis facility 5. Such uses may open for operation no earlier than 6:00 a.m. and close no later than 10:00 p.m. 6. Such Uses shall prohibit any person who is under the age of twenty-one (21) years of age from entering such facility, except for cardholders over eighteen (18) years of age who are granted medical access under the Compassionate Use of Medical Cannabis Act. 7. The on-premise use of cannabis and cannabis-related products shall be prohibited. 8. No cannabis related uses shall be maintained or operated in a manner that causes, creates, or allows the public viewing of cannabis, or cannabis -related products from any sidewalk, public or private right of way, or any property other than the lot on which such use is located. No portion of the exterior of the facility shall utilize or contain any flashing lights, search lights, right-of-way spot lights or any similar lighting system. 9. All cannabis related uses shall implement and maintain a security and surveillance plan in accordance with state statute 410 ILCS 705/15-100 for such businesses. These express conditions and all other requirements and conditions of state statute shall apply to these Uses, in addition to any other conditions or considerations deemed appropriate by the Village, pursuant to the existing standards for the approval of a special use under this Zoning Code.

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D.   An amendment to Subparagraph 4.entitled “Cannabis Dispensing Organization,” “Cannabis Infuser Organization Or Infuser” of Paragraph D entitled “Miscellaneous” of Section 9-5-3 entitled “Special Uses” of Chapter 5 entitled “Office Districts”, of Title 9 of the Municipal Code as depicted below those provisions shown in strikeout to be deleted, and those shown in bold italics and underscored to be added to read as set forth below:

9-5-3: SPECIAL USES:

Except as specifically limited, the uses listed in the following table may be permitted in the office districts indicated subject to the issuance of a special use permit as provided in chapter 19 of this title. In interpreting the use designations, reference should be made to the "Standard Industrial Classification Manual", the North American industry classification system, and chapter 15 of this title. SIC codes and NAICS codes, where applicable, are given in parentheses following each use listing.

 

4.

CANNABIS DISPENSING ORGANIZATION CANNABIS INFUSER ORGANIZATION OR INFUSER (SIC #5912) and only subject to the following conditions: 1. The establishment and operation of such uses shall conform to the provisions of Title 3 “Business Licensing, Regulation, Taxation, and Fees.” 2. Such uses shall not be located within five hundred feet (500 feet) of the property line of any school, daycare facility or group home 3. Such uses shall not be located within two hundred fifty feet (250 feet) of the property line of any parks or property intended for recreational purposes. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest property line of the premises of any school, child daycare facility, parks, property intended for recreational purposes 4. Such uses shall not be located within 1,500 feet (state law) of any other Cannabis Business Establishment as defined in Chapter 9-24-2. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest exterior structural wall of any other existing cannabis facility 5. Such uses may open for operation no earlier than 6:00 a.m. and close no later than 10:00 p.m. 6. Such Uses shall prohibit any person who is under the age of twenty-one (21) years of age from entering such facility, except for cardholders over eighteen (18) years of age who are granted medical access under the Compassionate Use of Medical Cannabis Act. 7. The on-premise use of cannabis and cannabis-related products shall be prohibited. 8. No cannabis related uses shall be maintained or operated in a manner that causes, creates, or allows the public viewing of cannabis, or cannabis -related products from any sidewalk, public or private right of way, or any property other than the lot on which such use is located. No portion of the exterior of the facility shall utilize or contain any flashing lights, search lights, right-of-way spot lights or any similar lighting system. 9. All cannabis related uses shall implement and maintain a security and surveillance plan in accordance with state statute 410 ILCS 705/15-100 for such businesses. These express conditions and all other requirements and conditions of state statute shall apply to these Uses, in addition to any other conditions or considerations deemed appropriate by the Village, pursuant to the existing standards for the approval of a special use under this Zoning Code

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E.   An amendment to Subparagraph 3 entitled “Cannabis Craft Grower,” “Cannabis Cultivation Center,” and “Cannabis Processing Organization or Processor” of Paragraph A entitled “Agricultural Services;” and Subparagraph 6 entitled “Cannabis Transporting Organization or Transporter,” of Paragraph D entitled “Transportation and Public Services” and Subparagraph 16 entitled “Cannabis Dispensing Organization,” “Cannabis Infusing Organization or Infuser” of Paragraph F entitled “Services, as follows, but only if the maintenance of any such service does not require or actually include routine attendance of clients, customers, patients, patrons, or other clientele:” of Section 9-6-3 entitled “Special Uses” of Chapter 6 entitled “Industrial Districts”, of Title 9 of the Municipal Code as depicted below, those provisions shown in strikeout to be deleted, and those shown in bold italics and underscored to be added to read as set forth below:

9-6-3: SPECIAL USES:

Except as specifically limited, the uses listed in the following table may be permitted in the industrial district subject to the issuance of a special use permit as provided in chapter 19 of this title. In interpreting the use designations, reference should be made to the "Standard Industrial Classification Manual", the North American industry classification system, and chapter 15 of this title. SIC codes and NAICS codes, where applicable, are given in parentheses following each use listing.

 

3.

CANNABIS CRAFT GROWER CANNABIS CULTIVATION CENTER CANNABIS PROCESSING ORGANIZATION OR PROCESSOR (SIC #5912) and only subject to the following conditions: 1. The establishment and operation of such uses shall conform to the provisions of Title 3 “Business Licensing, Regulation, Taxation, and Fees.” 2. Such uses shall not be established in multiple use or tenant property or on a property that shares parking with other uses. 3. Such uses shall not be located within five hundred feet (500 feet) of the property line of any school, daycare facility. or group home 4. Such uses shall not be located within two hundred fifty feet (250 feet) of the property line of any parks or property intended for recreational purposes. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest property line of the premises of any school, child daycare facility, parks, property intended for recreational purposes 5. Such uses shall not be located within 1,500 feet (state law) of any other Cannabis Business Establishment as defined in Chapter 9-24-2. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest exterior structural wall of any other existing cannabis facility 6. Such uses may open for operation no earlier than 6:00 a.m. and close no later than 10:00 p.m. 7. Such Uses shall prohibit any person who is under the age of twenty-one (21) years of age from entering such facility, except for cardholders over eighteen (18) years of age who are granted medical access under the Compassionate Use of Medical Cannabis Act. 8. The on-premise use of cannabis and cannabis-related products shall be prohibited. 9. No cannabis related uses shall be maintained or operated in a manner that causes, creates, or allows the public viewing of cannabis, or cannabis -related products from any sidewalk, public or private right of way, or any property other than the lot on which such use is located. No portion of the exterior of the facility shall utilize or contain any flashing lights, search lights, right-of-way spot lights or any similar lighting system. 10. Cannabis uses related to craft growers, cultivation, processing and transportation shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, such facilities shall be ventilated with a system for odor control. 11. All cannabis related uses shall implement and maintain a security and surveillance plan in accordance with state statute 410 ILCS 705/15-100 for such businesses. These express conditions and all other requirements and conditions of state statute shall apply to these Uses, in addition to any other conditions or considerations deemed appropriate by the Village, pursuant to the existing standards for the approval of a special use under this Zoning Code.

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6.

CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER (SIC #5912) and only subject to the following conditions: 1. The establishment and operation of such uses shall conform to the provisions of Title 3 “Business Licensing, Regulation, Taxation, and Fees.” 2. Such uses shall not be established in multiple use or tenant property or on a property that shares parking with other uses. 3. Such uses shall not be located within five hundred feet (500 feet) of the property line of any school, daycare facility or group home 4. Such uses shall not be located within two hundred fifty feet (250 feet) of the property line of any parks or property intended for recreational purposes. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest property line of the premises of any school, child daycare facility, parks, property intended for recreational purposes 5. Such uses shall not be located within 1,500 feet (state law) of any other Cannabis Business Establishment as defined in Chapter 9-24-2. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest exterior structural wall of any other existing cannabis facility 6. Such uses may open for operation no earlier than 6:00 a.m. and close no later than 10:00 p.m. 7. Such Uses shall prohibit any person who is under the age of twenty-one (21) years of age from entering such facility, except for cardholders over eighteen (18) years of age who are granted medical access under the Compassionate Use of Medical Cannabis Act. 8. The on-premise use of cannabis and cannabis-related products shall be prohibited. 9. No cannabis related uses shall be maintained or operated in a manner that causes, creates, or allows the public viewing of cannabis, or cannabis -related products from any sidewalk, public or private right of way, or any property other than the lot on which such use is located. No portion of the exterior of the facility shall utilize or contain any flashing lights, search lights, right-of-way spot lights or any similar lighting system. 10. Cannabis uses related to craft growers, cultivation, processing and transportation shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, such facilities shall be ventilated with a system for odor control. 11. All cannabis related uses shall implement and maintain a security and surveillance plan in accordance with state statute 410 ILCS 705/15-100 for such businesses. These express conditions and all other requirements and conditions of state statute shall apply to these Uses, in addition to any other conditions or considerations deemed appropriate by the Village, pursuant to the existing standards for the approval of a special use under this Zoning Code.

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16.

CANNABIS DISPENSING ORGANIZATION CANNABIS INFUSER ORGANIZATION OR INFUSER (SIC #5912) and only subject to the following conditions: 1. The establishment and operation of such uses shall conform to the provisions of Title 3 “Business Licensing, Regulation, Taxation, and Fees.” 2. Such uses shall not be established in multiple use or tenant property or on a property that shares parking with other uses. 3. Such uses shall not be located within five hundred feet (500 feet) of the property line of any school, daycare facility or group home 4. Such uses shall not be located within two hundred fifty feet (250 feet) of the property line of any parks or property intended for recreational purposes. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest property line of the premises of any school, child daycare facility, parks, property intended for recreational purposes 5. Such uses shall not be located within 1,500 feet (state law) of any other Cannabis Business Establishment as defined in Chapter 9-24-2. The distance limitation shall be measured in a straight line from the nearest exterior structural wall of each cannabis establishment to the nearest exterior structural wall of any other existing cannabis facility 6. Such uses may open for operation no earlier than 6:00 a.m. and close no later than 10:00 p.m. 7. Such Uses shall prohibit any person who is under the age of twenty-one (21) years of age from entering such facility, except for cardholders over eighteen (18) years of age who are granted medical access under the Compassionate Use of Medical Cannabis Act. 8. The on-premise use of cannabis and cannabis-related products shall be prohibited. 9. No cannabis related uses shall be maintained or operated in a manner that causes, creates, or allows the public viewing of cannabis, or cannabis -related products from any sidewalk, public or private right of way, or any property other than the lot on which such use is located. No portion of the exterior of the facility shall utilize or contain any flashing lights, search lights, right-of-way spot lights or any similar lighting system. 10. Cannabis uses related to craft growers, cultivation, processing and transportation shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, such facilities shall be ventilated with a system for odor control. 11. All cannabis related uses shall implement and maintain a security and surveillance plan in accordance with state statute 410 ILCS 705/15-100 for such businesses. These express conditions and all other requirements and conditions of state statute shall apply to these Uses, in addition to any other conditions or considerations deemed appropriate by the Village, pursuant to the existing standards for the approval of a special use under this Zoning Code.

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F.   An amendment to Subparagraph 3 of Paragraph D entitled “Transportation and Public Utilities” of Section 9-6-2 entitled “Permitted Uses” of Chapter 6 entitled “Industrial Districts”, of Title 9 of the Municipal Code as depicted below in bold italics and underscored to read as set forth below:

9-6-2: PERMITTED USES:

The following uses and no others are permitted as of right in the industrial district as indicated in the following table. In interpreting the use designations, reference should be made to the "Standard Industrial Classification Manual", the North American industry classification system, and chapter 15 of this title. SIC codes and NAICS codes, where applicable, are given in parentheses following each use listing.

 

 

3.

Public Warehousing and Storage (422) only including General Warehousing and storage (4225) and Refrigerated Warehousing and Storage (4222); not including Farm Product Warehousing and Storage (4221), miniwarehouse warehousing or self-storage warehousing (4225) or special warehousing and storage, not elsewhere classified (4226)

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G.   An amendment to Section 9-24-2 entitled “Definitions” of Chapter 24 “Usage and Definitions,” of Title 9 of the Lake Zurich Municipal Code by amending the current provisions of said Section 9-24-2 of Chapter 24, by adding those provisions, as shown in bold italics and underscored to read as set forth below:

OFFICE: Any building or portion thereof utilized for the transaction of business limited to the preparation or processing of information, documents, plans or graphics for commercial, professional, organizational and governmental work.

SECTION 3: APPROVAL OF AMENDMENTS TO TITLE 12 OF THE VILLAGE MUNICIPAL CODE. The Board of Trustees, pursuant to the authority vested in it under the laws of the State of Illinois and the Lake Zurich Municipal Code, hereby approves the following amendments to Chapter 1 of Title 12 of the Lake Zurich Municipal Code, specifically as follows:

A.   An amendment to Section 12-1-2 entitled “Definitions” of Title 12 entitled “Signs” of the Lake Zurich Municipal Code, by adding the following provisions to the current provisions of said Section 12-1-2 of Chapter 1, as shown in bold italics and underscored and listed in alphabetical order, to read as set forth below:

MURAL: Mural means a hand painted or handmade work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of a property owner. Examples of murals include hand painted images or mosaics comprised of individual tiles or other like material. A mural does not include mechanically produced or computer-generated prints or images, including, but not limited to, digitally printed vinyl; electrical or mechanical components; or changing image art display. Murals that are either permanent or temporary, shall not direct attention to a specific business, product, service, entertainment event, activity, or other commercial activity that is not sold, produced, manufactured, furnished, or conducted at the property upon which the mural is located; also called a billboard – and shall constitute “off-premises commercial signs,” and subject to the regulations of the sign code.

B.   An amendment to Subparagraph 5 of Paragraph B entitled “Construction Standards” of Section 12-1-7 entitled “General Sign Standards” of Title 12 entitled “Signs” of the Lake Zurich Municipal Code, by adding the following provisions to the current provisions of said Section 12-1-7 of Chapter 1, as shown in bold italics, underscored and listed in alphabetical order, to read as set forth below:

B. Construction Standards:

1. Supports and braces must be designed as an integral part of the overall sign and obscured from public view to the extent technically feasible.

2. All signs attached to a building must be installed and maintained so that wall penetrations are watertight and the structure does not exceed allowable stresses of supporting materials. To the greatest extent feasible, such penetrations should be located at joints of masonry units, or at locations of structural members of wood or other like constructed facades.

3. All signs must be designed and constructed in compliance with the building code, Electrical Code, and all other applicable codes and ordinances.

4. All permanent signs must be constructed of rigid, weather- proof materials, as determined by the Village Manager.

5. No sign may be painted on a wall or any other structure , except “Murals”. 

6. Glass comprising any part of a sign must be safety glass.

7. All letters, figures, characters, or representations in cut- out or irregular form, maintained in conjunction with, attached to, or superimposed upon any sign must be safely and securely built into or attached to the sign structure.

8. Audio components are prohibited on any sign, with the exception of Menuboards. For Menuboards, the audio component is limited to communication between the customer and service window.

C.   An amendment to Paragraph C entitled “exempt Permanent and Temporary Signs” of Section 12-1-9 entitled “Exempt Signs, No Permit Required” of Title 12 entitled “Signs” of the Lake Zurich Municipal Code, by adding the following provisions to the current provisions of said Section 12-1-9 of Chapter 1, as shown in bold italics, underscored and listed in alphabetical order, to read as set forth below:

C. Exempt Permanent And Temporary Signs:

1. A-Frame Sign:

a. A-frame signs are permitted in the business districts and the O-1 and O-2 Districts.

b. One (1) A-frame sign is permitted per establishment, including one (1) for each tenant in a multi-tenant development. A minimum fifteen-foot (15') separation is required between all A-frame signs.

c. An A-frame sign must be placed within fifteen feet (15') of the primary entrance of the business, and must not interfere with pedestrian traffic or violate standards of accessibility as required by the ADA or other accessibility codes. A-frame signs may be placed in the public right-of-way concurrent with the lot of the establishment being advertised, but must maintain a five-foot (5') sidewalk clearance at all times.

d. A-frame signs are limited to six (6) square feet in area per side and four feet (4') in height.

e. The placement of A-frame signs outdoors is limited to business hours only. A-frame signs must be stored indoors at all other times.

f. A-frame signs must not be used outdoors when high winds, heavy rain, or snow conditions exist.

g. Illumination of A-frame signs is prohibited.

h. No A-frame sign may have any type of electronic component.

2. Construction Activity Sign: On a lot where active construction is taking place, a temporary sign is permitted in conjunction with such construction and may identify the proposed use for the property even if such use is not yet established, subject to the following:

a. Construction activity signs are permitted in all districts on all sites with active construction projects.

b. Construction activity signs may be installed only after approval of a building permit for such activity. Construction activity signs must be removed as follows:

(1) For additions, alterations, or repairs to an existing structure: Sixty (60) days or when the building permit expires, whichever occurs first.

(2) For new construction: once construction is complete or the building permit expires, whichever occurs first.

c. Construction activity signs may be constructed as either freestanding signs, wall signs, or installed on accessory structures such as fences, and subject to the following:

(1) Signs are limited to sixteen (16) square feet in area for construction sites for individual single-family or two-family dwellings, and for any site of less than one (1) acre in lot area. Signs are limited to thirty-two (32) square feet in area for all other construction sites.

(2) Freestanding signs are limited to seven feet (7') in height and must be located five feet (5') from any lot line.

(3) Signs may not be illuminated.

3. Flags: Flags are permitted in any district.

a. Flags may be freestanding or wall-mounted.

b. Flagpoles are limited to the maximum number of three (3) poles and a maximum height of thirty feet (30').

c. Flagpoles must be set back a minimum of ten feet (10') from any lot line.

d. Wall-mounted flags may not extend over the public right-of- way.

e. External illumination of flags is permitted but must be focused on the flagpole and flag.

f. All flags must be maintained in good condition.

4. Government Sign: Federal, State, or local governments or taxing bodies may install signs in the public interest in any number, configuration, or size in any district. Such signs may be illuminated as required by the agency. Any electronic message signs require Village approval, with the exception of temporary roadway work, utility work, or emergency information signs.

5. Holiday Decorations: Decorations on private property clearly incidental and customary, and commonly associated with, national, local, or religious holidays, are allowed but are limited to a maximum display period of forty-five (45) days for each holiday.

6. Light Pole Banner: Light pole banners on private property are allowed as follows:

a. Light pole banners are permitted for light poles on private property and must be mounted so that they are held taut between support posts.

b. Light pole banners are limited to a maximum area of fifteen (15) square feet.

c. Light pole banners must be mounted to project perpendicular from light poles.

d. Light pole banners must not be used as a temporary off- premises sign.

7. Memorial Signs: To memorialize a historic person, event, structure, or site, a sign is permitted as follows:

a. Memorial signs are permitted in any district.

b. Memorial signs may be constructed as either freestanding or wall signs, subject to the following:

(1) Memorial signs are limited to four (4) square feet.

(2) Freestanding signs are limited to four feet (4') in height and must be located five feet (5') from any lot line.

(3) Wall mounted signs shall be inlaid so as to be an integral part of the structure, cut into stone or masonry, or be a permanently affixed plaque of bronze or aluminum.

(4) Signs may be internally or externally illuminated.

c. Memorial signs are limited to one (1) per street frontage.

8. Multiple Tenant Building Entryway Sign: Multiple tenant buildings, such as townhouse dwellings, multi-family dwellings, and non-residential developments with multiple tenants, are permitted an additional building entryway sign subject to the following:

a. Multiple tenant building entryway signs may be constructed as either freestanding or wall signs, subject to the following:

(1) Signs are limited to six (6) square feet in area.

(2) Freestanding signs are limited to five feet (5') in height, and must be located within five feet (5')of the building entry and no less than five feet (5') from any lot line. Freestanding building entryway signs must be installed so that they are primarily viewable from the building entryway and not intended to be viewed from a public right-of-way.

(3) Signs may only be internally illuminated.

b. Multiple tenant building entryway signs are limited to one (1) per building entry.

9. Murals may be located only in compliance with the provisions of this section.

a. Murals shall be allowed only in non-residential districts including the Business Districts (B-1, B-2 and B-3), Office (O-1, O-2 and O-3), I-Industrial District, IB Institutional Building District, and OS Open Space District, and corresponding “Overlay” districts. Additionally, Murals shall not be placed on a building which is used exclusively for a residential principal use, regardless of the underlying zoning district.

b. Murals shall not extend more than six (6) inches from the plane of the wall upon which they are painted or to which they are affixed, and shall not extend above the top of the wall upon which they are painted or to which they are affixed.

c. Murals shall not cover or interrupt major architectural features, such as doors, exits, and windows.

d. Murals shall contain less than three (3) percent text.

e. The property owner shall not be compensated for the display of the mural or the right to place the mural on a site/property/building wall (advertising).

10. Noncommercial Message Sign: Signs used for the expression of noncommercial ideas and messages, which include but are not limited to signs advocating a public issue, recommending a candidate for public office, alerts, or warnings, are permitted in all districts.

a. Noncommercial message signs may be constructed as either freestanding, wall, or window signs. There is no limit on the number of signs permitted.

b. Freestanding and wall-mounted noncommercial message signs in residential districts are limited to sixteen (16) square feet in area. Noncommercial message signs in all other districts are limited to thirty-two (32) square feet in area.

c. Window-mounted noncommercial message signs must meet the coverage limitations of window signs. If no coverage is specified, the limitation is thirty percent (30%) of the window area.

d. Freestanding noncommercial message signs must be located five feet (5') from any lot line.

e. Noncommercial message signs posted on private property must have the permission of the property owner.

f. Noncommercial message signs may not be illuminated.

g. Noncommercial message signs cannot be used as a temporary off- premises sign.

11. Not-For-Profit Community Event Signs:

a. Not-for-profit community events are permitted temporary signs. Signs allowed for not-for-profit community events cannot be used as temporary off-premises signs, which are prohibited, that direct attention to a for-profit commercial activity.

b. When located on private property, permission from the property owner is required. When located on public property, permission from the Village or other applicable authority is required.

c. Signs for not-for-profit community events are limited to six (6) square feet in area.

d. Signs for not-for-profit community event are limited to the following display periods:

(1) When the sign for not-for-profit community event advertises an event that has a specific start and end time: a total display period of thirty (30) days prior to the start of the event, the time period of the event, and three (3) days following the end of the event.

(2) All other attention-getting device advertises (non-time specific): Thirty (30) days.

12. Parking Lots And Structures; Additional Signs: Parking lots and structures are permitted additional signs, whether such parking lots or structures are a principal or ancillary use.

a. An additional sign is permitted at each entrance/exit, driveway intersection, drive-through lane, and other circulation points.

b. Signs are limited to four (4) square feet in area.

c. A freestanding sign is limited to six feet (6') in height and must be five feet (5') from any lot line that abuts a street.

d. Signs located at an entrance/exit, driveway intersection, drive-through lane, and other circulation points may be internally or externally illuminated.

13. Real Estate Activity Sign: When a structure or lot is offered for sale, lease, or rent, such lot is permitted an additional temporary sign as follows:

a. Real estate activity signs are permitted in all districts. Real estate signs must be located on the site of the property for sale, lease, or rent.

b. Real estate signs are limited to one (1) per street frontage.

c. Real estate activity signs may be constructed as either freestanding, wall, or window signs.

d. Real estate activity signs are limited to sixteen (16) square feet in residential districts and thirty-two (32) square feet in all other districts.

e. Freestanding signs are limited to five feet (5') in height and must be located within five feet (5')from any lot line.

f. Real estate activity signs may not be illuminated.

g. Real estate activity signs must be removed within five (5) days of final closing, lease, or rental. If such real estate signs are used in conjunction with a promotional event related to the sale, lease or rent, such signs may be installed forty-eight (48) hours prior to event and must be removed within twenty-four(24) hours of the end of the event.

14. Window Sign:

a. Window signs are permitted for all non-residential uses in all districts.

b. All window signs, whether temporary or permanent, are limited to no more than thirty percent(30%) of the surface of each window area. Window area is counted as a continuous surface until divided by an architectural or structural element. Mullions are not considered an element that divides window area.

c. Up to five percent (5%) of window area may be illuminated, including any neon or LED sign, but this area is included in the maximum total area of thirty percent (30%). Flashing or animation is prohibited.

SECTION 4: FINDINGS AND RECOMMENDATION. The findings and recommendations of the PZC and the STAFF REPORT and other filings provided to the PZC are hereby accepted as the Board's own and shall be made a part of the official record for the Application and are attached hereto as Exhibit B.

SECTION 5: SEVERABILITY. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect.

SECTION 6: CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 7: EFFECTIVE DATE. This Ordinance shall be in full force and effect upon its passage and approval, as provided by law.

PASSED THIS 15th day of January, 2024.

Ayes:

Nays:

Absent:

Abstain:

APPROVED this 17th day of January, 2024.

                     ________________________

                     Mayor

                     Tom Poynton

___________________________

Village Clerk

Kathleen Johnson

Exhibit A

Copy of the Public Notice to the Daily Herald Newspaper, published on September 2, 2023

VILLAGE OF LAKE ZURICH

NOTICE OF PUBLIC HEARING

PUBLIC NOTICE IS HEREBY GIVEN to all persons that the Village of Lake Zurich Planning & Zoning Commission shall conduct a public hearing on December 13, 2023, at 7:00 P.M. in the Board Room of the Lake Zurich Village Hall, 70 East Main Street, Lake Zurich, Illinois, for the purpose of considering a zoning application filed by the Village requesting various miscellaneous amendments to the text of the Lake Zurich Zoning and Land Development Codes. A copy of the application and the Zoning Code are on file with, and available for public inspection during regular Village business hours at the Lake Zurich Community Development Department.

At said public hearing, the Planning & Zoning Commission shall accept all testimony and evidence pertaining to said application and shall consider any and all possible zoning actions, including the granting amendments to the text of the Lake Zurich Municipal Code that may be necessary or convenient to accomplish such actions. All interested persons are invited to attend and be heard.

DATED: November 21, 2023

                  Orlando Stratman

                  Chairperson, Planning & Zoning Commission

Published: The Daily Herald, November 25, 2023

Exhibit B

Staff Report and Findings of the Planning and Zoning Commission

Dated December 13, 2023.