Chapter 15.78
LAKEFRONT CONSTRUCTION

Sections:

   15.78.010   Purpose.

   15.78.020   Application of provisions.

   15.78.030   Permit requirement.

   15.78.040   Application requirements.

   15.78.050   Permit issuance.

   15.78.060   Decision of Village Engineer.

   15.78.070   Appeal to Village Council.

   15.78.080   Criteria for permit approval.

   15.78.090   Inspection.

Section 15.78.010 Purpose.

   The purpose of this chapter is to create permitting requirements for construction along, adjacent to and within Lake Michigan. Lake Michigan, its coastline and beaches provide a unique natural resource to the Village and to its residents that must be preserved and protected. Some development and construction activity in and around Lake Michigan may be hazardous to people and property and may impact the erosion process and alter natural drainage patterns. This chapter is intended to attempt to preserve those portions of Lake Michigan, its coastline and vegetation within the Village's boundaries, while protecting the value of properties along the lake through the establishment of narrow, reasonable permitting regulations. The regulations in this chapter are further intended to provide that construction in and adjacent to Lake Michigan and its shoreline will not cause environmental or ecological damage to the lake or surrounding areas of the Village or otherwise adversely impact the health, safety, and welfare of the Village or its residents.

(MC-05-2023 § 3, Added, 03/21/2023)

Section 15.78.020 Application of Provisions.

   A.   This chapter provides regulations and requirements for construction of structures in and adjacent to Lake Michigan and its shoreline. Specifically, this chapter applies to (i) that portion of Lake Michigan that lies within the Village's corporate limits as set forth in Section 1.04.020 of this code, as well as that portion of Lake Michigan three miles beyond the Village corporate limits ("Lake Michigan"), and (ii) public and private property adjacent to Lake Michigan (collectively, "Lake Michigan regulated areas").

   B.   This chapter applies cumulatively with the other provisions of this title and the Village Subdivision regulations and Building Codes. No approvals or permits issued pursuant to those other regulations or codes authorize any activity that does not also comply with the applicable provisions of this chapter. If a provision of this chapter and a provision in this title or in the Village Subdivision regulations or Building Codes are inconsistent, the provision resulting in the maximum protection and preservation of the Lake Michigan regulated areas shall govern.

   C.   The Village Engineer, or the Village Engineer's designee ("Village Engineer"), is the Village official principally responsible for the administration of the requirements of this chapter. The Village Engineer may utilize other Village officials and third-party consultants such as a coastal engineer to assist in, among other things, the review and analysis of permit applications and inspections required under this chapter.

(MC-05-2023 § 3, Added, 03/21/2023)

Section 15.78.030 Permit Requirement.

   A.   A permit pursuant to this chapter ("Required Permit") is required for any construction activity within the Lake Michigan regulated areas that requires a permit from any of the following government agencies ("Permitting Agencies"): the United States Army Corps of Engineers, the Illinois Department of Natural Resources, the Metropolitan Water Reclamation District of Greater Chicago, or the Illinois Environmental Protection Agency (collectively, "Covered Construction"). No person shall undertake any covered construction without a required permit issued by the Village pursuant to this chapter.

   B.   Any person who engages in any covered construction without the required permit will be subject to additional fees and penalties as may be set from time to time by resolution of the Village Council or as otherwise provided in this code.

(MC-05-2023 § 3, Added, 03/21/2023)