(a)

In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter or other regulation made under the authority conferred thereby, the county board, the board of appeals, or any owner of real property in the same contiguous zoning district as the building of structure in question where such owner's value or use of property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceeding in equity to:

(1)

Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

(2)

Prevent the occupancy of the building, structure, or land;

(3)

Prevent any illegal act, conduct, business, or use in or about the premises; or

(4)

Restrain, correct, or abate the violation.

(b)

The violation of the terms of this chapter, or any amendments thereto after taking of effect, shall be deemed a petty offense, and shall be punishable by a fine not to exceed $500.00, with each week the violation remains uncorrected constituting a separate offense.

(Ord. of 12-4-1973, § 26.7; Res. No. 2016-09-40, 9-15-2016)

(a)

There is hereby established and created the office of zoning administrator, and/or building inspector in the county.

(b)

Appointment, removal from office, and compensation. The zoning administrator shall be appointed by the county board of the county. He may be removed from office for good cause after full opportunity has been given him to be heard on specific charges. Compensation for the zoning administrator shall be determined by the county board.

(c)

Authority to enforce regulations. The zoning administrator is hereby authorized to enforce the zoning regulations as adopted herein and according to the directions contained in the zoning regulations, as now or as may be hereafter adopted by ordinance of the county. The zoning administrator shall be the custodian of the zone maps.

(Ord. of 12-4-1973, § 26.1)

(a)

Definition. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board—the board of appeals.

(b)

Creation, membership, removal, and filling of vacancies. A board of appeals is hereby established.

(1)

The members of the board shall be appointed by the chairperson of the county board, upon approval by the county board. The board shall consist of seven members to serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years, and three for five years, the successor to each member so initially appointed to serve for a term of five years. Alternate members may be appointed to serve as members of the board only in the absence of regular members, with the alternate member who has the greatest of amount of time remaining in his term to have priority over the other alternate member in determining which alternate member shall serve in the absence of a regular member. All members of the board shall be residents of separate townships at the time of their appointments.

(2)

The chairperson of the county board shall name one of the members so appointed as chairperson at the time of his appointment. In the case of a vacancy in the chairpersonship, the chairperson of the county board shall designate a chairperson. In the absence of the chairperson, the board may elect an acting chairperson.

(3)

The county board may remove any member of the board for cause after public hearing.

(4)

A vacancy on the board shall be filled for the unexpired term of the member whose place has become vacant, such vacancy to be filled under the same procedure as in an original appointment.

(b)

Meetings, rules of procedure, hearings. All meetings of the board shall be held at the call of the chairperson and at such times and places within the county as the board may determine. Hearings on text amendments shall be held in the courthouse of the county or other county building with more adequate facilities for such hearings. Hearings on map amendments shall be held in the township or road district affected by the terms of such proposed amendment or in the courthouse or any other county building with more adequate facilities for such hearings, of the county in which the affected township or road district is located. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, specifying the reasons for making or denying such variation. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record. The board shall adopt its own rules of procedure not in conflict with the statute in such cases made and provided. At all hearings before the board upon application to vary the regulations provided for by this chapter, the board shall require that all testimony by witnesses shall be given under oath. In case an appeal is taken from the decision of the board, such testimony shall be transcribed and a copy thereof shall be furnished to the party appealing from the decision of the board. The cost of taking and transcribing such testimony and furnishing a copy thereof to the party so appealing from the decision of the board shall be borne by the applicant for zoning or rezoning, or other alterations, as the case may be.

(c)

Appeal and review. The board shall hear and decide appeals from and review any order, requirement, decision or determination made by the zoning administrator, who is charged with the enforcement of this chapter.

(1)

An appeal may be taken from the zoning administrator by any person aggrieved or by an officer, department, board or bureau of the county. Such appeal shall be taken within fifteen days after the date of the decision appealed from by filing with the zoning administrator and with the board, a notice of appeal, specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

(2)

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the zoning administrator and on due cause shown.

(3)

The board shall fix a time within 30 days for the hearing of the appeal and give due notice thereof to the parties by publication in one or more newspapers of general circulation in the county of a notice of the time and place of the hearing at least once not more than 20 nor less than ten days before the hearing. The notice shall specify the nature of the appeal. The board shall decide the same within 30 days from the date of the public hearing. Upon the hearing, any party may appear in person, or by agent, or by attorney. The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have the power of the zoning administrator from whom the appeal is taken.

(4)

It shall also hear and decide all other matters referred to it or upon which it is required to pass under this chapter. The concurring votes of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor or the applicant any matter upon which it is required to pass under this chapter or to recommend any variation or modification in this chapter to the county board.

(Ord. of 12-4-1973, § 26.2; Res. of 2-14-1989; Res. of 8-11-2005)

(a)

Where in specific cases permits are applied for and there are practical difficulties or particular hardships in the way of carrying out the provisions of this chapter the board may determine and vary their application in accordance with the following rules, except the board shall not grant variations in respect to the classification, and location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses.

(1)

Variations shall be permitted by the board only when they are in harmony with the general purpose and intent of the regulations and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the construction, or alteration of buildings or structures or the use of land.

(2)

Variances from the regulations and standards of this chapter shall be granted by the board only in accordance with the regulations and standards set forth in this chapter and may be granted in the following instances only and in no others:

a.

To permit any yard, court, buffer strip, setback line, or spacing between buildings of less dimension than required by the applicable regulations;

b.

To permit any structure to exceed the height limitations imposed by the applicable regulations;

c.

To permit greater lot coverage than required by the applicable regulations;

d.

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot;

e.

To permit a reduction in the number of off-street parking spaces or loading berths required about or in connection with a use;

f.

To permit a reduction in the minimum ground floor building size of a dwelling;

g.

To permit the extension, change or reconstruction of a nonconforming structure pursuant to the nonconforming use specifications of this chapter;

h.

To permit a lot to have lot dimensions less than the required lot dimensions as required by the applicable regulations in the district under consideration.

(3)

In its consideration of the standards of practical difficulties or particular hardship, the board shall require evidence that such variation will not:

a.

Impair an adequate supply of light and air to adjacent property;

b.

Increase the hazard from fire and other dangers to said property;

c.

Diminish the taxable value of land and buildings in the vicinity and throughout the jurisdictional area;

d.

Increase or cause congestion in the public streets;

e.

Otherwise impair the public health, safety, comfort, morals and welfare of the inhabitants of the jurisdictional area; and that:

1.

The plight of the owner is due to unique circumstances; and

2.

The variation, if granted, will not alter the essential character of the locality or give the owner or occupant of the property in question privileges not generally held by other property owners or occupants in the same vicinity and district.

(b)

No variation shall be made by the board, except in a specific case and only after a public hearing.

(1)

The board shall fix a time within 30 days, from the filing of an application for variation, for the hearing. Due notice shall be given thereof to the parties concerned by publication in a newspaper of general circulation in the county, of the time and place of the hearing at least once not more than 20 nor less than 15 days before the hearing said notice to contain:

a.

The particular location of the real estate for which the variation is requested by legal description and street address, and if no street address then by locating such real estate with reference to any well-known landmark, highway, road, thoroughfare or intersection;

b.

Whether or not the petitioner or applicant is acting for himself or in the capacity of agent, alter ego, or representative of a principal, and stating the name and address of the actual and true principal;

c.

Whether petitioner or applicant is a corporation, and if a corporation, the correct names and addresses of all officers and directors, and of all stockholders or shareholders owning any interest in excess of 20 percent of all outstanding stock of such corporation;

d.

Whether the petitioner or applicant, or his principal if other than applicant, is a business or entity doing business under an assumed name, and if so, the name and residence of all true and actual owners of such business or entity;

e.

Whether the petitioner or applicant is a partnership, joint venture, syndicate or an unincorporated voluntary association, and if so, the names and addresses of all partners, joint venturers, syndicate members or members of the unincorporated voluntary association; and

f.

A brief statement of what the proposed variation consists.

(2)

The costs or charges of the publication notice shall be paid by the petitioner or applicant.

(3)

In addition, if the property affected by the variation lies within 1½ miles of a zoned municipality in the county, the board shall give written notice by certified mail, return receipt requested, to the city or village clerk as applicable, at the same time the notice is filed for publication.

(4)

All final administrative decisions of the board shall be subject to judicial review pursuant to the provisions of the Administrative Review Act, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in section 1 of the Administrative Review Act.

(Ord. of 12-4-1973, § 26.3; Res. of 8-11-2005)

(a)

The regulations imposed and the districts created by this chapter may be amended from time to time by ordinance, but no such amendments shall be made without a hearing before the board of appeals.

(b)

The board may of its own motion, or upon petition signed by 50 percent or more of the property owners of any district or portion thereof, or upon instruction from the county board, cause to be prepared a notice indicating the changes proposed to be made in the regulations or in the district boundary lines, describing the boundaries or the territory to be affected. Such notice shall state the time and place of the public hearing for consideration of such proposed amendment, supplement or change, and the place where maps of the proposed amendment, supplement or change will be accessible for examination by interested parties.

(c)

Notice of such public hearing shall be published not more than 30 nor less than 15 days in advance thereof in at least one newspaper of general circulation in the county. A public hearing may be held in the county courthouse or in the township affected by the terms of such proposed amendment. Prior to such public hearing the board may submit a copy of the proposed amendment to the county planning commission for its review and recommendations. These recommendations shall be a guide to the board in its recommendation to the county board.

(d)

The board shall report to the county board on the proposed amendment, supplement or change, and may cause an ordinance authorizing such amendment, supplement or change to be introduced for the county board's consideration. Whenever a proposed amendment, supplement or change in this chapter is proposed for territory located with in 1½ miles of a zoned municipality in this county, the board shall cause written notice of the public hearing to be sent to the city or village clerk, as applicable, of that municipality by certified mail, return receipt requested. And, whenever a proposed amendment, supplement or change in this chapter is proposed for territory located within one and one-half miles of a zoned municipality in this county, and the city council or president and board of trustees of the zoned municipality with limits nearest adjacent shall have file a written protest against the proposed amendment, supplement or change or whenever a written protest against such proposed amendment, supplement or change, that is either:

(1)

Signed by the owner or owners of at least 20 percent of the land to be rezoned; or

(2)

Signed by the owner or owners of land immediately touching, or immediately across a street, alley, or public right-of-way from, at least 20 percent of the perimeter of the land to be rezoned, or in cases where the land affected lies within 1½ miles of the limits of a zoned municipality, or in the case of a proposed text amendment to the ordinance, by resolution of the corporate authorities of the zoned municipality with limits nearest adjacent, is filed with the county clerk within 30 days after said public hearing, the ordinance providing for such proposed amendment, supplement or change shall not be passed except by the favorable vote of three-fourths of the members of the county board.

(e)

At the time application is made to zone or rezone, alter or vary the use of property under the provisions of this chapter, the applicant therefor shall pay to the clerk of this county the amount in accordance with a schedule of fees established and adopted by the county board. All funds collected under the provisions of this section shall be credited by the clerk to the general fund of the county.

(Ord. of 12-4-1973, § 26.6; Res. of 2-14-1989)