Title
Ordinance amending Chapter 151: Unified Development Ordinance of the Lake County, Illinois Code of Ordinances relating to sustainable energy facilities in unincorporated Lake County.
Staff Summary
• The Lake County Zoning Board of Appeals (ZBA) conducted a public hearing on April 3, 2023, to consider proposed zoning text amendments focused on commercial wind and solar energy in unincorporated Lake County and unanimously recommended approval of the proposed amendments as presented in ZBA Resolution “Exhibit A”, attached.
• The proposed amendments are necessary to comply with recent regulations adopted by the state.
• To ensure compliance with the statutory adoption deadline, the recommended amendments have been formatted into a document ready for codification as reflected in “Exhibit B”. The Ordinance will become effective upon County Board adoption of “Exhibit B”.
Body
ORDINANCE
WHEREAS, the Lake County Board adopted the Unified Development Ordinance of Lake County, Illinois on April 11, 2000; and
WHEREAS, the Lake County Board incorporated the Lake County Unified Development Ordinance into the Lake County, Illinois Code of Ordinances as Chapter 151 of the Lake County, Illinois Code of Ordinances on February 10, 2015; and
WHEREAS, the Lake County Code requires periodic review to maintain relevancy and address changing conditions; and
WHEREAS, Public Act 102-1123, effective January 27, 2023, prescribes county regulations for new commercial wind and solar facilities throughout the State of Illinois, and sets a 120-day deadline for county adoption of corresponding regulations; and
WHEREAS, the Planning, Building, Zoning and Environment Committee was of the opinion that necessary steps should be taken by the Lake County Board to initiate the public hearing process, in order to adopt corresponding regulations for unincorporated Lake County to comply with the statute; and
WHEREAS, the Lake County Board directed the Lake County Zoning Board of Appeals to conduct a public hearing on the proposed amendments on March 14, 2023; and
WHEREAS, the Planning, Building and Development Department drafted proposed amendments to the text of the Lake County Code of Ordinances related to solar and wind energy facilities as necessary to align with statutory requirements and submitted proposed amendments to the Zoning Board of Appeals (ZBA) at a public hearing; and
WHEREAS, the Lake County Zoning Board of Appeals conducted a public hearing on the proposed amendments on April 3, 2023 pursuant to the Statutes of the State of Illinois on the petition of the County of Lake, which seeks to amend the text of Chapter 151 of the Lake County, Illinois Code of Ordinances; and
WHEREAS, your Zoning Board of Appeals, after reviewing the testimony presented at the public hearings on the aforesaid petition, has submitted its report thereon to the County Board and recommends by a vote of 5 - 0 that the proposed text amendments specified as Exhibit A be approved; and
WHEREAS, the Planning, Building and Development Department identified minor necessary clarifying edits to the text following the ZBA recommendation, which minor edits are likewise incorporated into Exhibit A and highlighted for the County Board's attention; and
WHEREAS, your Planning, Building, Zoning and Environment Committee duly considered the proposed text amendments aforedescribed and recommends that the text amendments as specified in Exhibit A be approved.
NOW, THEREFORE, BE IT ORDAINED, by this County Board of Lake County, Illinois, that the amendments to Chapter 151 of the Lake County, Illinois Code of Ordinances as attached in Exhibit B be adopted and made effective immediately; and
BE IT FURTHER ORDAINED, that the Clerk of the County Board shall keep a record of this action.
DATED at Waukegan, Illinois, on May 9, 2023.