A.

The administration of this chapter is hereby vested in the following:

1.

Department of Economic Development and Planning.

2.

Zoning Board of Appeals.

3.

County Development Committee of the County Board.

4.

County Board.

B.

This section shall first set out the authority of each of these offices, and then describe the procedure and substantive standards with respect to the following administrative functions:

1.

Appeals.

2.

Variations.

3.

Amendments.

4.

Conditional uses.

5.

Fees.

6.

Penalties.

(2005 Code)

The Director, Department of Development and Environmental Concerns, and such Zoning Enforcing Officers or assistants that have been, or shall be, duly appointed by the County Board shall enforce this chapter and conduct inspections of buildings, structures, and open land uses to determine compliance with the terms of this chapter.

A.

Maintain permanent and current records of this chapter including nonconforming uses, legal conditional uses, map amendments, conditional uses, planned developments, variations, appeals and applications therefor, and records of hearings thereon.

B.

Receive, file and forward for action all appeals and applications for conditional uses, planned developments, variations or amendments to this chapter which may be filed initially with the Department of Economic Development and Planning.

C.

Provide such clerical and technical assistance as may be required by the Zoning Board of Appeals in the exercise of its duties.

D.

Initiate, from time to time, a study of the provisions of this chapter and make recommendations to the County Development Committee of the County Board not less frequently than once a year.

E.

Provide notification in writing to all applicants for a variation or conditional use in a special flood hazard area (SFHA) and/or wetland area as follows:

1.

That obtaining a variation or conditional use may lessen the degree of protection to a building or structure which may:

a.

Result in increased insurance rates for flood insurance; or

b.

Increase risks to life and property.

2.

That, should the applicant obtain a variation or conditional use, any future alteration of the site that violates the conditions of such variation of conditional use shall be deemed a violation of this chapter and shall be considered a willful act to increase flood damages, and therefore, will likely cause coverage by a standard flood insurance policy to be suspended.

3.

That the Director, Department of Economic Development and Planning, shall not be required to process any request for a variation or conditional use in a special flood hazard area (SFHA) and/or wetland area until the applicant (petitioner) has acknowledged in writing, that he is proceeding with the request for a variation or conditional use with knowledge of these risks, and the applicant assumes the risk and liability should the variation or conditional use be granted.

F.

Advise all applicants for variation or conditional use in a special flood hazard area (SFHA) and/or wetland area of any and all other local, State and Federal permits that may be required for this type of development activity. A variation or conditional use shall not be granted until all other specified permits have been obtained, or until the obtaining of such permits is made a condition of the ordinance granting such variation or conditional use.

G.

Notifying adjacent incorporated municipalities, the Illinois Department of Transportation (IDOT), Division of Water Resources, and the Federal Emergency Management Agency (FEMA) that alterations, relocations or adjustments permitting modification to the special flood hazard area (SFHA) and/or wetland area, are under consideration through the granting of a conditional use or variation. The County shall, in granting any conditional use or variation for an alteration, adjustment or construction within a SFHA and/or wetland area, guarantee pursuant to good engineering practices, that the flood carrying capacity within the altered or relocated portion of any watercourse of adjusted natural flood storage area shall be maintained, and that in no case, shall new construction, substantial improvements, subdivision of land, placement of trailers, construction of utilities or other development be permitted in the floodway that would increase the level of the base flood, or increase the flow velocity.

(2005 Code)

A.

ZONING BOARD OF APPEALS: The Zoning Board of Appeals is hereby established, which Board shall consist of the seven (7) members heretofore appointed by the Chairman of the County Board and confirmed by the members of the County Board. All members of the Zoning Board of Appeals shall be residents of separate congressional townships of DuPage County. All subsequent members of the Zoning Board of Appeals shall be appointed for terms of five (5) years each. The Chairman of the County Board shall have the power to remove any member of the Zoning Board of Appeals for cause, after a public hearing.

B.

CHAIRMAN OF THE ZONING BOARD OF APPEALS: The Chairman of the County Board shall name one (1) of the members of the Zoning Board of Appeals as Chairman upon appointment, and in case of a vacancy the appointing power shall designate a Chairman.

C.

ZONING HEARING OFFICER: The Zoning Hearing Officer position is hereby established, which position shall consist of one (1) Zoning Hearing Officer. The Zoning Hearing Officer shall be appointed by the Chairman of the County Board and confirmed by the members of the County Board.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

A.

All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such time and places within the County as the Zoning Board of Appeals may determine. The Chairman of the Zoning Board of Appeals, or in the absence of the Chairman, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Board of Appeals and Zoning Hearing officer shall be open to the public.

B.

The Zoning Board of Appeals and Zoning Hearing officer shall keep minutes of its proceedings showing the vote of each member upon every question, or if a member is absent or fails to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals and Zoning Hearing officer shall immediately be filed in the office of the Zoning Board of Appeals located in the office of the zoning division of the department of economic development and planning, and shall be a public record. In the performance of its duties, the Zoning Board of Appeals and Zoning Hearing officer may make such expenditures as shall be authorized by the County Board. The Zoning Board of Appeals shall adopt its own rules of procedure not in conflict with the Illinois Compiled Statutes.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

The Zoning Board of Appeals and Zoning Hearing Officer are hereby vested with the following jurisdiction and authority:

A.

To hear appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter.

B.

To conduct public hearings on and make recommendations to the County Development Committee and County board on applications for variation, conditional use, amendment, and planned development in the manner prescribed by and subject to the standards established in this chapter.

C.

Receive from the director, department of economic development and planning, the recommendations as to the effectiveness of this chapter and report its conclusions and recommendations to the County Board not less frequently than once each year.

D.

To hear and decide all matters referred to it or upon which it is required to pass under this chapter, or prescribed by the applicable provisions of the Illinois Compiled Statutes.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

Decisions and findings by the Zoning Board of Appeals or the Zoning Hearing Officer on any appeal after a public hearing, shall be the final administrative decision. All final administrative decisions of the Zoning Board of Appeals or the Zoning Hearing Officer shall be subject to judicial review pursuant to the provisions of the administrative review law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The concurring vote of the four (4) members of the Zoning Board of Appeals shall be necessary to reverse an order, requirement, decision, or determination of the administrative official or to decide in favor of the applicant any matter upon which it is required to pass.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

The County Development Committee is a standing committee of the County Board appointed by the chairman and confirmed by the members of the County Board.

(2005 Code)

The Chairman of the County Development Committee shall be appointed by the chairman of the County Board and confirmed by the members of the County Board. Meetings of the County Development Committee of the County Board shall be held at the direction of the County Board or at the call of the chairman.

(2005 Code)

The County Development Committee of the County Board is hereby vested with the following jurisdiction and authority relative to regulations promulgated by this Code:

A.

To receive and review recommendations from the Zoning Board of Appeals and the Zoning Hearing Officer on variations, conditional uses, amendments, air rights development and planned developments and make their recommendations to the members of the County Board.

B.

To review and approve the development and implementation of unlisted uses, after review and recommendation by the Department of Economic Development and Planning.

C.

To review and approve plans where variations or conditional uses have been granted by the County Board to determine compliance with the ordinance and after site plan review and recommendation by the Department of Economic Development and Planning adoption of minor changes to the approved plan.

D.

To establish bonding requirements as required by conditions of the ordinance adopted by the County Board when granting variations, conditional uses, or planned developments.

E.

Receive from the Director, Department of Economic Development and Planning, and the Zoning Board of Appeals their recommendations as to the effectiveness of this chapter and report its conclusions and recommendations to the County Board not less frequently than once each year.

F.

To hear and decide all matters referred to it or upon which it is required to pass under this chapter, or prescribed by the applicable provisions of the Illinois Compiled Statutes.

G.

To review proposed changes in site plans for zoning petitions which have been granted previously by the County Board and to make determination that the proposed changes are or are not essentially in accordance with the approved site plan.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

The County Board is the elected legislative branch of the County government and has reserved unto itself the final authority on variations, conditional uses, amendments, air rights development and planned developments.

(2005 Code)

A.

VARIATION: May be passed at a County Board meeting by a simple majority of the elected County Board members. Any proposed variation which fails to receive the approval of the Zoning Board of Appeals shall not be passed except by the favorable vote of three-fourths (¾) of all the members of the County Board.

B.

TEXT AMENDMENT: may be passed at a County Board meeting by a simple majority of the elected County Board members, except in the following circumstances:

1.

In the case of a written protest against the proposed text amendment signed by five percent (5%) of the land owners of the County, in which case such amendment shall not be passed except by the favorable vote of three-fourths (¾) of all the members of the County Board.

2.

In the case where the land affected lies within one and one-half (1½) miles of the limits of a municipality, and said municipality files a resolution in objection with the County Clerk, in which case such amendment shall not be passed except by the favorable vote of three-fourths (¾) of all the members of the County Board.

C.

MAP AMENDMENTS: May be passed at a County Board meeting by a simple majority of the elected County Board members, except in the following circumstances:

1.

In the case of a written protest against any proposed map amendment signed by the owner or owners of at least twenty percent (20%) of the land to be rezoned in which case such amendment shall not be passed except by the favorable vote of three-fourths (¾) of all the members of the County Board; and/or

2.

In the case of a written protest against any proposed map amendment signed by the owner or owners of land immediately touching, or immediately across a street, alley, or public right-of-way from, at least twenty percent (20%) of the perimeter of the land to be rezoned in which case such amendment shall not be passed except by the favorable vote of three-fourths (¾) of all the members of the County Board; and/or

3.

In the case where the land affected lies within one and one-half (1½) miles of the limits of a municipality, and said municipality files a resolution in objection with the County Clerk in which case such amendment shall not be passed except by the favorable vote of three-fourths (¾) of all the members of the County Board.

D.

CONDITIONAL USES: May be passed at a County Board meeting consistent with the County Board Rules or by a simple majority of the quorum.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

An appeal may be taken to the Zoning Board of Appeals by any person aggrieved, or by any office, department, board or bureau of the County. Such an appeal shall be taken within ten (10) days after the action complained of, by filing with the Director, Department of Economic Development and Planning, and with the Zoning Board of Appeals, a notice of appeal specifying the grounds thereof. The Director, Department of Economic Development and Planning, shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting a record upon which the action appealed from was taken.

(2005 Code)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director, Department of Economic Development and Planning, certifies to the Zoning Board of Appeals, after the notice of the appeal has been filed with the director, that by reason of facts stated in the certificate to stay would, in the director's opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed unless otherwise by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice of the Director, Department of Economic Development and Planning, and on due cause shown.

(2005 Code)

A.

For all hearing requirements and procedures, see Section 37-1415, "Public Hearings," of this chapter.

B.

The board shall reach its decision within a reasonable period of time after the hearing of the appeal. The board may affirm or may reverse, wholly or in part, or modify the order, requirements, decision, or determination that, in its opinion, ought to be done and, to that end, shall have all the powers of the officer from whom the appeal is taken. The Director, Department of Economic Development and Planning, shall maintain records of all actions of the Zoning Board of Appeals relative to appeals.

(2005 Code)

If the Zoning Board of Appeals shall reverse an order, requirement, decision or determination, the person filing the appeal shall be refunded any filing fee which he shall have paid.

A refund shall be made only where the action complained of in the notice of appeal is wholly reversed or where the notice of appeal is withdrawn as provided below.

Where the notice of appeal shall be withdrawn by written notice thereof actually received by the Secretary to the Zoning Board of Appeals prior to the publication or mailing of the notice of appeal, the entire filing fee shall be refunded except any portion thereof which the County Board may provide by resolution be retained to cover filing costs. Where the notice of appeal shall be withdrawn by written notice actually received by the Secretary of Zoning Board of Appeals after publication or mailing of notice of appeal, but before the public hearing, one-half (½) of the filing fee shall be refunded. No refund shall be made where the notice of appeal is withdrawn after the public hearing.

Refunds of filing fees for appeals shall be made only as provided for in this section and in strict accordance with practices established by the County Treasurer's Office for any refunds or release from the zoning trust fund.

(2005 Code)

Request for variation, amendment, conditional use, air rights development and planned development shall be filed as follows:

A.

Requests for variation, conditional use, air rights development and planned development may be initiated by resolution or motion of the County Board or by petition (application) which seeks to vary the provisions of the zoning ordinance or to obtain a conditional use, air rights development or planned development as specified within the zoning ordinance.

B.

Map amendments may be initiated by resolution or motion of the County Board or by petition (application) which seeks to change or modify the standards and requirements imposed on a particular parcel or parcels of property by the zoning district maps of this chapter.

C.

Text amendments may be initiated by resolution or motion of the County Board or by petition (application) and shall state in particular the section, subsection and/or paragraph of the zoning ordinance to be amended.

(2005 Code)

A.

Petitioner shall be the fee owner, agent or attorney or other person having a proprietary interest in the property, and/or any person having the right to represent the owner.

B.

In the case where the fee owner has entered into a contract for the sale of the property sought to be affected, the contract purchaser shall be a co petitioner to the petition or application or shall provide a letter of authorization to represent the fee owner.

C.

In case of property that is the subject of a land trust agreement, the trustee of such trust, in his or her capacity as trustee, shall be the petitioner or co-petitioner to the petition or application or the applicant shall provide a letter of authorization from the trustee authorizing the applicant to represent the beneficial interest of the land trust.

D.

Where the petitioner or applicant is a corporation the petition or application shall include the correct names and addresses of all officers and directors, and of all stockholders or shareholders owning any interest in excess of twenty percent (20%) of all outstanding stock of such corporation.

E.

Where the petitioner or applicant, or his principal, if other than applicant, is a business or entity doing business under an assumed name, the petition or application shall include the name and residence of all true and actual owners of such business or entity.

F.

Where the petitioner or applicant is a partnership, joint venture, syndicate or an unincorporated voluntary association, the petition or application shall include the names and addresses of all partners, joint ventures, syndicate members or members of the unincorporated voluntary association.

(2005 Code)

Where property is the subject of a land trust agreement, the applicant shall provide a trust disclosure in compliance with "An Act to Require Disclosure of All Beneficial Interests," Chapter 148, Section 71 et seq., Illinois Compiled Statutes, signed by the trustee of the trust.

(2005 Code)

Variations to this zoning ordinance may be affected as follows.

(2005 Code)

The Zoning Board of Appeals or the Zoning Hearing Officer, after a public hearing, may recommend that the regulations of this chapter be varied in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board makes findings in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

A.

For all hearing requirements and procedures, see Section 37-1415, "Public Hearings," of this chapter.

B.

Such hearing shall be held in a County building with adequate facilities for such hearing, provided that if the owner of any property affected by such proposed variation so requests, such hearing shall be held in the township affected by the proposed variation.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

The Zoning Board of Appeals or the Zoning Hearing Officer shall not recommend variations to the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case demonstrating consideration with respect to the following:

A.

That the granting of any variation is in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County's Comprehensive Plan for development.

B.

That the granting of the variation will not:

1.

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

2.

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

3.

Diminish the value of land and buildings throughout the County;

4.

Unduly increase traffic congestion in the public streets and highways;

5.

Increase the potential for flood damages to adjacent property;

6.

Incur additional public expense for flood protection, rescue or relief; or

7.

Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County.

In addition, the Zoning Board of Appeals or the Zoning Hearing Officer may recommend that conditions and restrictions be imposed upon the premises benefited by a variation as may be necessary to comply with the criteria established in this subsection to reduce or minimize the effect of such variation upon other property in the area, and to better carry out the general intent of this chapter.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

The terms of relief recommended shall be specifically set forth in a conclusion or statement separate from the findings of the Zoning Board of Appeals or the Zoning Hearing Officer.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

The recommendation of the Zoning Board of Appeals or the Zoning Hearing Officer shall be transmitted to the County Development Committee of the County Board for its review and recommendation. The County Development Committee, in its recommendation to the County Board may concur with the recommendation from the Zoning Board of Appeals or the Zoning Hearing Officer, may recommend that the County Board not concur with the recommendation, or may concur in part and amend the recommendation.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

Except as provided in section 37-1411.9 of this article, no variation shall be granted except by ordinance duly passed and approved by the County Board after public hearing and written recommendation from the Zoning Board of Appeals or the Zoning Hearing Officer.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

Without further public hearing, the County Board may grant, deny or amend the recommendation for variation. Every variation which is granted by ordinance of the County Board shall be accompanied by findings and shall refer to any exhibits containing plans and specifications for the proposed variation, which shall remain a part of the permanent records of the Zoning Board of Appeals or the Zoning Hearing Officer.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of the ordinance. The County Board may establish such conditions and restrictions upon the establishment, location, construction, maintenance and operation of variations, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Section 37-1411.3 of this chapter.

(2005 Code)

A.

Petitions seeking variations of ten percent (10%) or less from provisions of this chapter governing bulk and location of structures may be filed with the director of the department of economic development and planning or his designee. The director or his designee may review the petition and determine whether the variation requested in the petition or other variation as he may deem appropriate shall be granted. No variation shall be granted unless it complies with the requirements set forth in section 37-1411.3 of this chapter.

1.

Applicants requirements:

a.

Four (4) copies of the proposed site plan. Said plan to show all existing building and structures, driveways, utilities and the proposed development.

b.

One (1) plat of survey.

c.

Statement of hardship.

d.

Application fees.

e.

Notarized letters from all adjoining property owners stating the following:

(1)

Name of the petitioner seeking the variation.

(2)

Legal description of the subject property and address, if any.

(3)

Name and signature of owners and address adjoining property.

(4)

A statement of intended variation.

(5)

A statement that the adjacent property owner does not object to the variation. The adjacent property owner shall affix his name to the statement and have same notarized.

B.

Should the applicant be unable to receive notarized letters from all adjacent property owners, and if the director or his designee determines that the variation requested in the petition or other appropriate variation should be granted, he shall mail, by certified mail, to all owners of land adjoining the property for which relief is sought a notice of his intent to grant such variation. The notice shall give the legal description of the property and street address, if any; the name of the owners of the property; the name of the petitioner; and a statement of the variation which the director intends to grant. Additionally, the notice shall state that any objection to the granting of the variation must be filed with the director of the department of economic development and planning within thirty (30) days of the certified mailing.

If the director or his designee receives no objection after notice of his intent to grant the variation from any adjoining landowner within the period for the filing of such, he may grant the requested variation or the variation which he has determined to be appropriate. Such variation so granted shall be effective without hearing and recommendation by the County Development Committee and without adoption by ordinance of the County Board as required in section 37-1411 of this chapter.

If the director or his designee receives a written objection to his intent to grant the variation from an adjoining landowner within the period for filing such, the director or his designee shall not grant any variation but shall advise the petitioner that an objection has been filed. The director or his designee may grant the variation if the person making the objection subsequently files written withdrawal of his objection with the director or his designee, A variation to which an objection has been filed and not withdrawn as provided herein shall be granted only after a hearing and recommendation by the Zoning Board of Appeals or the Zoning Hearing Officer, review and recommendation by the County Development Committee, and adoption by ordinance of the County Board as provided for in section 37-1411 of this chapter.

Variations may be granted under this section only for relief from requirements as to bulk and location of structures which do not exceed ten percent (10%). Further, a variation granted under this section shall be placed for recording with the office of the DuPage County recorder by the director; the petitioner to bear all costs of recording.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

For purposes of this article, terms shall have the following meanings:

Map amendment: An amendment to the map or zoning district of the zoning ordinance, which affects an individual parcel or parcels of land.

Text amendment: An amendment to the text of the zoning ordinance which affects the whole County.

The regulations imposed and the districts created under this zoning ordinance may be amended from time to time by ordinance, after the ordinance establishing same has gone into effect.

(2005 Code)

For the purpose of promoting the public health, safety and general welfare, the County Board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this chapter or amend district boundary lines, provided that in all amendments to this chapter adopted under the authority of this chapter, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire County, and the uses to which property is devoted at the time of the adoption of this chapter.

(2005 Code)

A.

For all hearing requirements and procedures, see Section 37-1415, "Public Hearings," of this chapter.

B.

Such hearing shall be held in a County building with adequate facilities for such hearing. The Zoning Board of Appeals or Zoning Hearing Officer shall consider and make recommendations on all proposed amendments, taking into account:

1.

The testimony at the hearing.

2.

Site inspection of the property in question when determined to be necessary.

3.

Letters and recommendations from all interested persons.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

Within a reasonable period of time after the close of the public hearing, the Zoning Board of Appeals shall make written findings and submit same together with its recommendation to the County Board. Where the purpose and effect of the proposed amendment is to change the zoning district classification of particular property, the Zoning Board of Appeals shall make findings and transmit a recommendation to the County Board based upon the evidence presented to it in each specific case with respect to the following matters:

A.

Existing uses of property within the general area of the property in question.

B.

The zoning classification of property within the general area of the property in question.

C.

The suitability of the property in question for the uses permitted under the existing zoning classification.

D.

The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the property in question was placed in its present zoning classification.

E.

The length of time the property has been vacant as zoned, considered in the context of the land development in the area surrounding the subject property.

F.

The extent to which property values are diminished by particular zoning restrictions.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

The recommendation of the Zoning Board of Appeals shall be transmitted to the County Development Committee of the County Board for its review and recommendation. The County Development Committee, in its recommendation to the County Board may concur with the recommendation from the Zoning Board of Appeals, may recommend that the County Board not concur with the recommendation, or may concur in part and amend the recommendation.

(2005 Code)

After public hearing, findings and written recommendation by the Zoning Board of Appeals, the County Board may take action as follows:

A.

Text Amendments: Text amendments may be passed at a County Board meeting by a simple majority of the elected County Board members, unless written protests against the proposed text amendment are signed by five percent (5%) of the land owners of the County, or where a zoned municipality within DuPage County protests such amendment by resolution of the corporate authorities, filed with the County Clerk, in which case such amendment shall not be passed except by the favorable vote of three-quarters (¾) of all the members of the County Board.

B.

Map Amendments: Map amendments may be passed at a County Board meeting by a simple majority of the elected County Board members except that in case of written protest against any proposed map amendment, signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, or in cases where the land affected lies within one and one-half (1½) miles of the limits of a zoned municipality, by resolution of the corporate authorities of the zoned municipality with limits nearest adjacent, filed with the County Clerk, such amendment shall not be passed except by the favorable vote of three-quarters (¾) of all members of the County Board.

C.

Protests; Notification: In case of protests, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney as shown in the application for the proposed amendment.

(2005 Code)

This chapter is based upon the division of the County into districts, within which districts the use of land, and the uses and bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are conditional uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land at the particular location. Such conditional uses fall into three (3) categories:

A.

Uses publicly operated or traditionally affected with a public interest;

B.

Uses entirely private in character, but of an unusual nature where their operation may give rise to unique problems or benefits with respect to their impact upon neighboring property, public facilities, or the County as a whole; and

C.

Accessory uses on a residential zoning lot, (including buildings, structures and uses) that are accessory to the principal use, building or structure on a residential zoning lot which have been established on a residential lot for at least five (5) years but without proper authority, (e.g.: without building or zoning permits).

(2005 Code; Ord. No. T-2-12, 10-23-2012)

Any person owning or having an interest in the subject property may file an application to use such land for one (1) or more of the conditional uses provided for in this chapter in the zoning district in which the land is situated pursuant to the requirements established in this chapter.

(2005 Code)

A.

For all hearing requirements and procedures, see section 37-1415, "Public Hearings," of this chapter.

B.

Such hearing shall be held in a County building with adequate facilities for such hearing provided that if the owner of any property affected by such proposed conditional use so requests, such hearing shall be held in the township affected by the proposed conditional use.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

All final actions by the Zoning Board of Appeals and the Zoning Hearing Officer concerning proposed conditional uses shall be transmitted to the County Development Committee of the County Board and shall be accompanied by findings which refer to any exhibits containing plans and specifications for the proposed conditional use and shall also be accompanied by recommendations for approval or denial by the County Board. Those proposed conditional uses which go to the County Board with no recommendation shall be accompanied by a summary of the record of the public hearing and of the deliberations of the Zoning Board of Appeals or Zoning Hearing Officer. All exhibits containing plans and specifications shall remain part of the permanent records of the Zoning Board of Appeals or Zoning Hearing Officer.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

The Zoning Board of Appeals shall make findings as to each conditional use petitioner. The findings shall be based upon the evidence presented to it in each specific case demonstrating consideration with respect to the following:

A.

That the granting of any conditional use is in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County's Comprehensive Plan for development; and specifically that the granting of the conditional use will not:

1.

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

2.

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

3.

Diminish the value of land and buildings in the vicinity of the proposed conditional use;

4.

Unduly increase traffic congestion in the public streets and highways;

5.

Increase the potential for flood damages to adjacent property;

6.

Incur additional public expense for fire protection, rescue or relief; or

7.

Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County, nor will it otherwise create a nuisance.

(2005 Code)

The terms of relief recommended by the Zoning Board of Appeals shall be specifically set forth in a conclusion or statement separate from the findings of the Zoning Board of Appeals recommending the granting of the conditional use.

(2005 Code)

The recommendation of the Zoning Board of Appeals shall be transmitted to the County Development Committee of the County Board for its review and recommendation.

(2005 Code)

No conditional use shall be granted except by ordinance duly passed and adopted by the County Board after public hearing and written recommendation from the Zoning Board of Appeals.

(2005 Code)

Without further public hearing the County Board may grant, deny or amend the recommendation for conditional use. Every conditional use which is granted by ordinance of the County Board shall be accompanied by findings and shall refer to any exhibits containing plans and specifications for the proposed conditional use, which shall remain a part of the permanent records of the Zoning Board of Appeals. The findings shall specify the reasons or reasons for granting the conditional use.

The County Board shall act to grant, deny or amend the recommendations for every conditional use within ninety (90) days of the date on which those recommendations were transmitted by the County Development Committee to the County Board.

(2005 Code)

The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of the ordinance. The County Board may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this chapter.

(2005 Code)

Conditional uses granted hereunder shall not be transferable and shall not run with the fee ownership of the land unless otherwise specified by the terms of the conditional use. No ordinance of the county board granting a conditional use shall be valid for more than eighteen (18) months from the date of such ordinance unless the building permit is obtained or the use is commenced within such time period. Application may be made for an extension of the time period to commence the authorized conditional use. Extensions in the conditional use schedule may be recommended by the Zoning Board of Appeals and granted by the county board. If the county board so stipulates when acting favorably on a conditional use application, the Zoning Board of Appeals may be delegated the authority of granting extensions in the building schedule for periods of time not to exceed a total of one year each.

(2005 Code; Ord. No. T-3-12A, 12-11-2012)

Planned developments are unique and substantially different from conventional subdivisions and therefore require administrative processing as "conditional uses" in this chapter. Planned developments are complex and of a different character than other conditional uses requiring the establishment of more specific procedures, standards and exceptions in order to guide the recommendations of the Zoning Board of Appeals and the County Development Committee of the County Board to facilitate appropriate action of the County Board.

The planned development provisions allow greater design flexibility than is normally permitted by the zoning district regulations thereby encouraging more rational utilization of the topographic and natural characteristics of the property to produce an economical and stable development while conserving natural features.

Planned developments are intended to provide for projects incorporating a single type of use or a variety of related and complementary uses which are planned and developed as a unit. Such development may provide for a wide range of development techniques and ownership methods, including conventional subdivisions, cluster developments, condominium ownership of land and buildings, or other ownership techniques. The entire development shall be controlled by means of a planned development ordinance, including graphics, which establishes densities, approximate height and location of buildings and improvements and records the location of natural features of the property in keeping with the land use development policies of DuPage County.

The following objectives may be obtained through the use of the planned development procedure:

A.

To ensure that the future growth and development of the area is in accordance with the adopted land use plan and development goals and policies of DuPage County.

B.

To provide a desirable living environment by preserving and integrating the natural environmental and landscape features of the property.

C.

To encourage developers to use a more creative approach to development by recognizing and respecting the natural limitations and constraints of the property.

D.

To encourage an efficient and ecologically sound development through a design process which minimizes development costs and services.

E.

To encourage the dedication and maintenance of usable open space accessible to all dwelling units.

F.

To facilitate the development and maintenance of public services such as transportation, water, sewage, storm drainage and open space in a cost effective manner.

G.

To encourage land use relationships which decrease automobile trip length and encourage trip consolidation.

H.

To provide public access to mass transit, bicycle routes and alternative modes of transportation.

I.

To reduce energy demand and consumption.

J.

To provide for efficient location of recreation facilities, schools, and other public and private facilities.

K.

To encourage the introduction of complementary uses, such as residential uses with offices and commercial activities.

(2005 Code)

A.

PRE-APPLICATION CONFERENCE: Prior to filing a formal application for a planned development, the developer shall request a pre-application conference with the Department of Economic Development and Planning. The request for a pre-application conference shall be submitted to the Director, Department of Economic Development and Planning to determine:

1.

Whether the proposed planned development appears in general to be in compliance with the provision of the zoning ordinance and other applicable ordinances;

2.

Whether any zoning amendment or variation is required in connection with the proposed planned development; and

3.

Whether the proposed planned development will be in conformity with the County land use plan and other development goals and policies adopted by DuPage County.

The pre-application conference is mandatory, but does not require formal application, fee, or filing of a planned development. The Department of Economic Development and Planning shall consult with advice and assist the applicant in meeting County goals and objectives, but shall have no power to approve or disapprove any proposed planned development, or to impose any special requirements with respect to the applicants' rights to make formal application for approval thereof.

B.

Pre-application plan: Upon completion of the pre-application conference and recommendation by the Department of Economic Development and Planning, the applicant may file a pre-application plan with the Plat Review Committee, and make application for a public hearing before the Zoning Board of Appeals.

1.

Filing: Five (5) copies of the pre-application plan of the proposed planned development/subdivision together with a written application in triplicate, shall be submitted to the secretary of the Plat Review Committee not less than twelve (12) days before the date the Plat Review Committee will review the pre-application plan. Upon acceptance, the secretary shall schedule the pre-application plan for discussion by the Plat Review Committee, including subdivider not less than seven (7) days after receipt thereof.

The secretary shall not accept the pre-application plan for processing unless all requested documentation is submitted.

Three (3) of the five (5) copies of the pre-application plan submitted to the Plat Committee shall be transmitted by the Secretary of the Plat Committee to the Zoning Division of the Department of Economic Development and Planning for staff review. The staff review is intended to identify any major constraints to the proposed planned development/subdivision plan. The review by the zoning division shall be submitted to the secretary of the Plat Review Committee within seven (7) days after receipt of the pre-application plan.

2.

Contents of the Pre-application Plan: The pre-application plan shall be drawn in sketch form and shall show the following:

a.

Proposed layout of streets, lots and blocks.

b.

Proposed dedication and reservations, i.e., school sites, park sites, major thoroughfares.

c.

Existing topographic data and contour lines with a minimum of ten foot (10′) intervals (USGS).

3.

Identification and Description:

a.

Proposed name of planned development/subdivision, date and north point.

b.

Location by township, range, section and parcel number.

c.

Names and addresses of the subdivider and owner.

d.

Names and addresses of the site planner, designer, engineer or surveyor who prepared the planned development/subdivision plan.

4.

Review of the Pre-application Plan: The Plat Review Committee shall review the pre-application plan and make recommendations to the subdivider, so that any major changes can be made prior to the public hearing date and submission of a preliminary plan.

Recommendations relative to a pre-application plan are advisory and shall not constitute a waiver from any requirements or specifications contained in the DuPage County ordinances or regulations.

C.

Preliminary Plan Zoning Board of Appeals: Upon completion of the pre-application plan and recommendation by the Plan Review Committee, the applicant may file a preliminary plan with the application for a public hearing before the Zoning Board of Appeals.

1.

Contents of the Preliminary Plan: The following items constitute the minimum requirements for the contents of a preliminary plan. The applicant should feel free to supplement the list with whatever materials applicant may deem appropriate to illustrate compliance with the regulations and intent of this section.

a.

Written Documents:

(1)

Statement of Objectives: A statement of planning objectives to be achieved by the particular approach proposed by the applicant is required. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the application.

(2)

Quantitative Summary: A quantitative summary including, but not limited to, the following is required:

(A)

Acreage and square footage of the subject parcel;

(B)

Residential density;

(C)

Number of parking spaces;

(D)

Square footage of commonly owned and maintained open space.

(3)

Open Space Statement: A statement is required describing why the area for usable common open space was chosen, the unique advantages it offers, and how it is envisioned that residents will utilize the space either actively or passively.

b.

Maps and Graphics:

(1)

Existing Land Conditions: A map is required that illustrates existing land conditions including topography, water related features, vegetation, unique soils conditions, and other environmental data.

(2)

Surrounding Conditions: A map is required that illustrates the land use and environmental conditions of the surrounding neighborhood within a reasonable radius around the subject site.

(3)

Cross Sections: Cross sections shall be provided only when required by the Department of Economic Development and Planning.

(4)

Utility and Drainage Plan: A plan is required that illustrates existing and proposed utilities and drainage facilities. Stormwater retention/detention facilities and floodplain areas shall be included in this graphic.

(5)

Grading and Landscaping Plan: A plan is required that illustrates all excavation and/or filling of the property together with a preliminary plan for the revegetation and formal landscaping of the property.

2.

Public Hearing:

a.

For all hearing requirements and procedures, see Section 37-1415, "Public Hearings," of this chapter.

b.

Such hearing shall be held in each township affected by the proposed planned development, or in the County Court House, provided that if the owner of any property affected by such proposed planned development so requests, such hearing shall be held in the township affected by the proposed planned development.

3.

Findings and Recommendations, Zoning Board of Appeals: Every planned development which is recommended by the Zoning Board of Appeals shall be accompanied by findings and shall refer to any exhibits containing plans and specifications for the proposed planned development which shall remain a part of the permanent records of the Zoning Board of Appeals.

The Zoning Board of Appeals shall make its written findings and shall transmit same together with its recommendations to the County Board for final action. Since planned developments are conditional uses, no planned development shall be recommended by the Zoning Board of Appeals unless the board shall make findings in accordance with Section 37-1413.5 of this article.

4.

County Development Committee Action: The recommendation of the Zoning Board of Appeals shall be transmitted to the County Development Committee of the County Board for its review and recommendation. Recommendations concerning conditional uses for adult business uses shall be transmitted to the County Development Committee not later than one hundred eighty (180) days of the filing of the application for such conditional use.

The County Development Committee, in its recommendation to the County Board may concur with the recommendation from the Zoning Board of Appeals, may recommend that the County Board not concur with the recommendation, or may concur in part and amend the recommendation.

5.

County Board Action Ordinance: The County Board after receipt of the preliminary plan of the planned development and the findings and the written recommendations of the Zoning Board of Appeals may deny such planned development or may modify or approve such planned development by ordinance. The County Board may require such special conditions in the approval of the planned development, as it may deem necessary to ensure conformity with the intent of all elements of the Comprehensive Plan and the stated purposes of the planned development:

a.

Upon approval by the County Board of the preliminary plan by ordinance, a record shall be prepared including the findings and setting forth the terms of relief and/or variations granted.

b.

Approval of a planned development by ordinance of the County Board shall not constitute approval of the final development plan, rather it shall be deemed an expression of approval of the layout submitted as a preliminary guide to the preparation of the final development plan or subdivision. The planned development shall therefore be developed essentially in accordance with any condition and exhibits attached thereto in accordance with the procedures established in the DuPage County Subdivision Regulations. No building permit shall be issued for any building or structure in the planned development unless a final development plan has been approved and filed with the recorder of deeds.

6.

Final Development Plan Subdivision: The final development plan or plans shall be submitted by the developer to the Plat Committee not later than one (1) year after adoption of the planned development (preliminary plan) or such other additional time, as may be established by the ordinance adopting the planned development. This time limit may be extended by the County Development Committee on reasonable cause shown.

All final development plans shall be treated as subdivisions, and shall follow the procedure established in Sections 31-302, "preliminary plat"; 31-303, "final engineering"; and 31-304, "final plat," of the County Subdivision Regulations.

D.

EFFECT OF DENIAL OF A PLANNED DEVELOPMENT: Any application for a planned development which has been denied wholly or in part by the County Board shall not be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Zoning Board of Appeals.

(2005 Code)

A.

GENERAL PROVISIONS:

1.

A planned development shall initially be a zoning lot under single ownership or unified control at the time of filing the application.

2.

Public improvements shall be constructed in accordance with existing ordinances and regulations of DuPage County.

3.

In a planned development, special attention shall be given to the vehicular and pedestrian circulation system, especially with respect to location and number of access points to public streets, width and alignment of interior drives and access points, separation of pedestrian and vehicular movements and parking areas that are safe, convenient and compatible with land uses located on adjoining and adjacent properties.

4.

Residential planned developments shall provide for dedication or reservation of land for park and recreational purposes, and land for school sites, or cash contributions in lieu of actual land dedication, or a combination of both in accordance with the DuPage County Subdivision Regulations.

5.

The County Board may vary the bulk regulations of this chapter for planned developments if such variations are consistent with the general purpose of the ordinance and will result in better developments and thus, be of greater benefit both to the occupants of the development and to the surrounding neighborhood.

6.

The planned development shall not have negative impacts on existing public sewers or proposed transportation systems and shall be consistent with the County's Year 2005 Street and Highway Plan and Policies as amended.

B.

STANDARDS:

1.

Exception to District Requirements:

a.

Within a planned development, not more than thirty percent (30%) of the total land area of the zoning lot may be devoted to uses not permitted within the zoning district.

b.

Within a residential planned development not more than eight percent (8%) of the total land area of the zoning lot may be utilized for uses permitted in the B-1 local retail district. The eight percent (8%) shall be a part of the thirty percent (30%) provided in Subsection B.1.a. of this section.

2.

Dwelling Units Permitted: In a residential planned development the maximum number of dwelling units permitted shall be determined by dividing the net residential land area contained in the zoning lot by the minimum lot area required per dwelling unit by type of unit permitted and/or proposed in the district or districts in which the property is located. Those areas of the zoning lot set aside for open space may be included in determining the number of dwelling units permitted.

Net residential land area shall be determined by subtracting the area set aside for nonresidential uses from the zoning lot, and deducting from the remainder the area required for public streets as set forth in the planned development.

3.

Bonus of Dwelling Units: Within a residential planned development, the number of dwelling units permitted for the thirty percent (30%) of the total land area of the zoning lot, described in Subsection B.1.a. of this section shall be gross density permitted on the zoning lot, increased by a maximum of twenty percent (20%).

4.

Floor Area Permitted: That the total floor area of the planned development shall not exceed the floor area ratio (FAR) established for the individual uses on the zoning lot as provided in the under lying zoning district(s) including all bonus units.

5.

Minimum Lot Area: No minimum lot area required.

6.

Open Spaces: That all residential planned developments shall provide open space equivalent to not less than thirty percent (30%) of the total residential land area of the zoning lot. In case of mixed land uses in a residential planned development, the open space requirement for nonresidential uses shall be not less than ten percent (10%) of the total land area of the zoning lot devoted to such uses. Open spaces provided herein shall not be of an isolated or of an unusable size and character.

7.

Perimeter Setbacks: Buildings or structures located on the perimeter of any planned development shall comply with the minimum front, side or rear yard requirements and landscape yard requirements of the zoning district in which the development is located. Perimeter setbacks/yards may be included as open space.

8.

Minimum Spacing Between Buildings: The following required spacing between buildings shall be measured perpendicular from any exterior wall:

a.

A building wall of a multiple-family dwelling containing living or dining area and/or bedroom windows or main entrances shall be located no closer to another building than a distance equal to the height of the taller building of the two (2), but in no case, less than twenty feet (20′). Where a solid wall faces a solid wall, the minimum spacing shall be twenty feet (20′).

b.

Where there is no parallel overlap of building walls (corner to corner placement), a minimum spacing of six feet (6′) shall be required.

c.

The building wall of a single-family detached dwelling shall be located no closer than twelve feet (12′) from any other single-family detached dwelling.

9.

Other Setbacks: Except as provided in Subsections B.7. and B.8. of this section buildings and structures located in zoning lots within any planned development shall comply with the minimum front, side and rear yard requirements of the zoning district in which the development is located unless specific variations for such requirements are required as part of the planned development.

10.

Streets and Off-Street Parking: Streets and off-street parking shall be provided in accordance with Section 31-400 of the DuPage County Subdivision Regulations and with Section 37-1201 of this chapter.

(2005 Code)

A.

When the provisions of this chapter require a public hearing in connection with any application, petition, or appeal, the Economic Development and Planning Department on behalf of the Zoning Board of Appeals or the Zoning Hearing Officer shall, upon receipt of a properly completed application, petition, or notice, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting shall be commenced no later than sixty (60) days, and shall be concluded no later than one hundred (120) days, following the submission of the subject application, or petition, unless the hearing or meeting agenda of the Zoning Board of Appeals or the Zoning Hearing Officer is completely committed during that time.

B.

All hearings shall be open to the public and shall be held before the Zoning Board of Appeals or the Zoning Hearing Officer.

C.

The public hearing notice shall contain a description of the subject matter to be heard or considered at the hearing, the address or particular location of the subject development, and the time, place, and date of the hearing. The notice shall also contain a reference to the particular sections of this chapter involved.

D.

The public hearing notice shall be given by general delivery mail or personal delivery to the applicant or petitioner. Notice by mail shall be mailed no fewer than fourteen (14) days in advance of the hearing by regular U.S. mail, except as otherwise specifically provided in this chapter.

E.

The public hearing notice may be given by electronic mail or facsimile in lieu of delivery by general mail or personal delivery to agencies entitled by law to receive such hearing notice or to other agencies provided notice as a matter of course by the Department of Economic Development and Planning.

F.

The public hearing notice shall be published at least once, not less than fifteen (15) days before the date for the hearing, in a newspaper of general circulation in the geographic area where the property which is the subject of the hearing is located.

G.

Any interested person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence, provided, however, that the Zoning Board of Appeals or Zoning Hearing Officer may exclude irrelevant, immaterial, or unduly repetitious evidence.

H.

Subject to the discretion of the Zoning Board of Appeals or Zoning Hearing Officer, the applicant or petitioner, or any other party to the hearing, may be allowed any or all of the following rights:

1.

To present witnesses on their behalf.

2.

To cross examine all witnesses testifying in opposition to the application, petition, or appeal.

3.

To examine and reproduce any documents produces at the hearing.

4.

To have subpoenas issued by the Zoning Board of Appeals or Zoning Hearing Officer as may be provided by Illinois law for persons to appear at the hearings and for examination of documents by the person requesting the subpoena either before or during the hearing, where such persons or documents are shown to have a substantial evidential connection with:

a.

The development to which the request applies; or

b.

Facts that would support or negate the legal standards for granting or denying the request or appeal.

5.

To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person.

6.

In determining whether to grant or withhold such rights, the discretion of the Zoning Board of Appeals or Zoning Hearing Officer shall be governed by the goal of securing all information and opinions relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result or when to do so would tend to produce no new evidence to aid the Zoning Board of Appeals or Zoning Hearing Officer in reaching its decision.

I.

The Zoning Board of Appeals or Zoning Hearing Officer may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the Zoning Board of Appeals or Zoning Hearing Officer may find sufficient. Proper notice of such a recess shall be given to all parties to the hearing, and any other person designated by the Zoning Board of Appeals or Zoning Hearing Officer.

J.

All testimony at every hearing shall be given under oath.

K.

Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time as may be allowed by the Zoning Board of Appeals or Zoning Hearing Officer following such hearing, submit written statements in support of or in opposition to the application, petition, or appeal being heard.

L.

All other matters pertaining to the conduct of hearings shall be governed by the provisions of this chapter pertaining to, and the rules promulgated by, the Zoning Board of Appeals.

M.

The record of the public meeting shall include:

1.

All notices and responses thereto; and

2.

A transcript or notes or recording, if any, of all oral testimony received, and all written information, if any, submitted by parties or the public; and

3.

Any recommendation or report by the hearing body; and

4.

All memoranda or data submitted to the Zoning Board of Appeals or Zoning Hearing Officer in connection with its consideration of the subject matter of the hearing.

N.

The decision or recommendation of the Zoning Board of Appeals or the Zoning Hearing Officer shall be in writing and shall include findings of fact specifying the reasons for the decision. The copy of the written decision shall be provided to the applicant or petitioner and transmitted to the County Board.

(2005 Code; Ord. No. T-2-12, 10-23-2012; Ord. No. T-3-12A, 12-11-2012)

In accordance with this chapter, any owner, tenant, person, firm or corporation who is in actual or constructive possession or has control of any property within the County shall be jointly and severally liable for the filling or excavation of any property in violation of this chapter or in violation of any excavation/filling permit previously issued. In addition to other penalties provided for in this chapter, upon conviction by a Court of competent jurisdiction, the owner, tenant, person, firm or corporation in possession shall be ordered to cease said violation and remove said fill or other material and restore said property to its former condition, or condition prescribed by an outstanding excavation/filling permit, at his own expense. Upon failure of said owner, tenant, person, firm or corporation to comply with said court order, and after notice in writing to the tenant, owner, person, firm or corporation in possession, or control at their last known address, at least ten (10) days prior thereto, the County may remove said materials and restore said property as required above and may file suit against any owner, tenant, person, firm or corporation in possession and reduce to judgment the cost of removing said materials and restoring said property as required, and enforce said judgment against any owner, tenant, person, firm or corporation in possession, as in other civil cases.

For the purposes of this chapter, proof of ownership, possession or control over said property together with proof of filling, and/or excavating of said property in violation of this chapter or any outstanding excavation/filling permit, shall be prima facie evidence of the guilt of such owner, tenant, person, firm or corporation in control of such property.

Should any section, clause or provision of the ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

(2005 Code)

A.

UNLAWFUL ACTS:

1.

It shall be unlawful for any person, firm or corporation to build, erect, construct, alter, extend, repair, remove, relocate, demolish, use or occupy any building or structure or equipment or component thereof regulated by this Code, or to cause or allow same to be done, in conflict with any provision of this Code or in conflict with any permit or order issued by the zoning official or any plan or specification approved, or without the appropriate permit having been first issued or revised.

2.

It shall be unlawful for any person, firm or corporation owning, having possession of, or exercising control over any property, or building or structure located thereon, to permit, allow or consent to the use or occupancy of any building or structure or equipment or component thereof that has been built, erected, constructed, altered, extended, repaired, removed, relocated, or demolished in conflict with any permit or order issued by the zoning official or any plan or specification approved thereby or in violation of any provision of this Code.

3.

It shall be unlawful for any person, firm or corporation owning property to permit or allow any building or structure or equipment or component thereof that has been built, erected, constructed, altered, extended, repaired, removed, relocated, or demolished without a permit, or in conflict with any permit or order issued by the zoning official or any plan or specification approved thereby, or in violation of any provision of this Code, to continue to exist in such status or condition.

B.

NOTICE OF VIOLATION:

1.

The zoning official shall serve a notice of violation of this Code or of any order herein authorized in any of the following manner:

a.

By posting a copy on the subject property in a conspicuous place, or

b.

By personally serving a copy on the person, firm, or corporation responsible for the unlawful act or omission or condition which forms the basis for the violation, or

c.

By personally serving a copy on any adult who resides at, occupies, uses, leases, manages or maintains the property on which the violation is located, or

d.

Personally serving any owner in title to the property on which the violation is located.

If a notice, or order, is served in accord with Subsection B.1.a. of this section, or if the party served in accord with Subsections B.1.b. and/or B.1.c. of this section is not the property owner, the zoning official shall also mail a copy of the notice to the "owner of record" as indicated the latest tax assessor's records at the last address to which a tax bill was mailed by certified mail, receipt requested. In cases where the violation involves an unsafe building, structure or use that is in risk of collapse, or which poses a fire hazard, as determined by the zoning official, the zoning official need not comply with notice of violation requirements as a condition for seeking emergency relief from a court of competent jurisdiction.

(1)

A notice of violation shall contain the following:

(A)

The name of the party to whom it was served upon, if known; and

(B)

The name of the property owner and, if applicable, the tenant and/or occupant, and/or party exercising control over the subject property; and

(C)

A brief statement setting forth the type and nature of the violation; and

(D)

The section, or sections, of the code violated and, if applicable, the identity of any order, permit, plan or statement of specifications violated; and

(E)

The date and time the violation was observed; and

(F)

The address of the property on which the violation was observed; and

(G)

A statement directing the discontinuance, the legal action or condition and abatement of the violation; and

(H)

A statement informing the violator, and owner, that he/she/it may contest the notice of violation by requesting in writing and within fourteen (14) days of issuance of the notice, an administrative appeal before a hearing officer or an administrative appeal board; and

(I)

A statement directing the violator to undertake the following acts within fourteen (14) days, excepting instances when an administrative appeal has been requested:

(i)

To pay a fee to the County in an amount of one hundred dollars ($100.00); and/or

(ii)

To apply to the zoning official for any necessary permit(s), or revise or amend any previously issued permit, or previously approved plan, drawing or specifications, as applicable; and/or

(iii)

To undertake appropriate repairs and/or maintenance to correct a property maintenance code violation and, upon completion thereof, to contact the County Building Division to schedule a repair verification inspection.

(J)

A warning that if the violator fails to comply with the code and perform as directed by the notice of violation, within the time therein specified, the County will institute appropriate legal proceedings against the violator including a statement that the code authorizes the court to assess fines of up to five hundred dollars ($500.00), plus additional court costs, per day, for each week a violation remains uncorrected, which fines and costs may be assessed in addition to other remedies at law including a court enjoining further violation and ordering the offender to cease, correct, repair, abate or otherwise remedy the offending condition.

(2)

If a party served with a notice of violation requests an extension of time to comply with the code, or perform any act set forth in the notice, the zoning official may allow an extension of time for such compliance or act, which extension shall not be less than fourteen (14) days, nor more than forty-five (45) days. The zoning official may not extend the period of time in which a party may request an administrative hearing.

C.

PROSECUTION OF VIOLATION: If the notice of violation is not complied with, or an administrative appeal is not sought, within the time period herein specified the zoning official may request the County's legal counsel to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation to enforce any provision of this Code or any order issued pursuant thereto, to require the removal or termination of the unlawful use or occupancy of any building or structure, or equipment or component thereof, or to require the remediation of any condition to, or of, any building or structure, or equipment or component thereof existing in violation of any provision of this Code or of any order made pursuant thereto, and to seek the assessment of a fine and court costs as authorized by this Code.

D.

VIOLATION PENALTIES: Any person who violates any provision of this Code or fails to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a building, structure or use in violation of an approved plan or directive of the zoning official, or a permit or certificate issued under the provisions of this Code shall be guilty of an offense punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each week that a violation continues shall be deemed a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this Code.

E.

ABATEMENT OF VIOLATION: The imposition of the penalties herein prescribed shall not preclude the County's legal counsel from instituting appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct business or use of a building or structure on or about any premises.

(2005 Code; Ord. T-1-08, 10-28-2008)

The zoning ordinance adopted on December 10, 1935, and as amended from time to time, is hereby revised and amended in its entirety, effective April 25, 1985, by the substitution in lieu thereof of the attached ordinance and zoning district maps which are attached thereto and made part thereof.

(Ord. 12-10-1935; amd. Ord. CD-ZO-0RD-01-85, 3-26-1985; Ord. T-01-85, 8-27-1985; Ord. CD-ZO-ORD-003-86, 11-26-1986; Ord. CD-ZO-ORD-001-87, 1-28-1987; Ord. CD-ZO-ORD-001-88, 5-24-1988; Ord. CD-ZO-ORD-002-88, 5-24-1988; Ord. CD-ZO-ORD-003-88, 7-26-1988; Ord. CD-ZO-ORD-004-88, 8-23-1988; Ord. CD-ZO-ORD-005-88, 11-8-1988; Ord. CD-ZO-ORD-006-88, 4-25-1989; Ord. CD-ZO-ORD-001-89, 8-8-1989; Ord. CD-ZO-ORD-001-90, 11-11-1990; Ord. CD-ZO-ORD-001-91, 5-28-1991; Ord. CD-ZO-ORD-002-91, 6-11-1991; Ord. CD-ZO-ORD-003-91, 7-9-1991; Ord. CD-ZO-ORD-004-91, 8-13-1991; Ord. CD-ZO-ORD-002-92, 2-11-1992; Ord. CD-ZO-ORD-003-92, 5-12-1992; Ord. CD-ZO-ORD-001-93, 5-11-1993; Ord. CD-ZO-ORD-003-93, 10-12-1993; Ord. CD-ZO-ORD-001-95, 2-28-1995; Ord. CD-ZO-ORD-002-95, 6-13-1995; Ord. CD-ZO-ORD-003-95, 8-22-1995; Ord. CD-ZO-ORD-001-96, 3-26-1996; Ord. CD-ZO-ORD-001-97, 10-14-1997; Ord. CD-ZO-ORD-002-97, 10-14-1997; Ord. CD-ZO-ORD-003-97, 9-9-1997; Ord. CD-ZO-ORD-004-97, 1-11-1998; Ord. CD-ZO-ORD-002-98, 12-8-1998; Ord. ZP-T-2-00, 2-27-2001; Ord. ZP-T-2-00A, 4-24-2001; Ord. ZP-T-3-01A, 11-14-2001; Ord. ZP-T-3-01B, 3-27-2002; ZP-T-4-03, 4-13-2004; ZP T-1a-08 2-17-09)

APPENDIX

AN ACT concerning County Zoning, amending named Acts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 5-12001 and adding Section 5-12001.1 as follows:

(55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)

Sec. 5-12001. Authority to regulate and restrict location and use of structures.

For the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property throughout the County, lessening or avoiding congestion in the public streets and highways, and lessening or avoiding the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters, the County Board or Board of County Commissioners, as the case may be, of each County, shall have the power to regulate and restrict the location and use of buildings, structures and land for trade, industry, residence and other uses which may be specified by such board, to regulate and restrict the intensity of such uses, to establish building or setback lines on or along any street, trafficway, drive, parkway or storm or floodwater runoff channel or basin outside the limits of cities, villages and incorporated towns which have in effect municipal zoning ordinances; to divide the entire county outside the limits of such cities, villages and incorporated towns into districts of such number, shape, area and of such different classes, according to the use of land and buildings, the intensity of such use (including height of buildings and structures and surrounding open space) and other classification as may be deemed best suited to carry out the purposes of this Division; to prohibit uses, buildings or structures incompatible with the character of such districts respectively and to prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder. Provided, that permits with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes shall be issued free of any charge. The corporate authorities of the County may by ordinance require the construction of fences around or protective covers over previously constructed artificial basins of water dug in the ground and used for swimming or wading, which are located on private residential property and intended for the use of the owner and guests. In all ordinances or resolutions passed under the authority of this Division, due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantage of the entire County, and the uses to which property is devoted at the time of the enactment of any such ordinance or resolution.

The powers of this Division given shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purposes to which it is then lawfully devoted; nor shall they be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes, other than parcels of land consisting of less than five (5) acres from which one thousand dollars ($1,000.00) or less of agricultural products were sold in any calendar year in counties with a population between three hundred thousand (300,000) and four hundred thousand (400,000) or in counties contiguous to a County with a population between three hundred thousand (300,000) and four hundred thousand (400,000), and other than parcels of land consisting of less than five (5) acres in counties with a population in excess of four hundred thousand (400,000), or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land except that such buildings or structures for agricultural purposes may be required to conform to building or set back lines; nor shall any such powers be so exercised as to prohibit the temporary use of land for the installation, maintenance and operation of facilities used by contractors in the ordinary course of construction activities, except that such facilities may be required to be located not less than one thousand feet (1,000′) from any building used for residential purposes, and except that the period of such temporary use shall not exceed the duration of the construction contract; nor shall any such powers include the right to specify or regulate the type or location of any poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility as defined in The Public Utilities Act, if the public utility is subject to The Messages Tax Act, The Gas Revenue Tax Act or The Public Utilities Revenue Act, or if such facilities or equipment are located on any rights-of-way and are used for railroad purposes, nor shall any such powers be exercised in any respect as to the facilities, as defined in Section 5-12001.1, of a telecommunications carrier, as also defined therein, except to the extent and in the manner set forth in Section 5-12001.1. As used in this Act, "agricultural purposes" do not include the extraction of sand, gravel or limestone, and such activities may be regulated by County Zoning Ordinance even when such activities are related to an agricultural purpose.

Nothing in this Division shall be construed to restrict the powers granted by statute to cities, villages and incorporated towns as to territory contiguous to but outside of the limits of such cities, villages and incorporated towns. Any zoning ordinance enacted by a city, village or incorporated town shall supersede, with respect to territory within the corporate limits of the municipality, any County Zoning Plan otherwise applicable. The powers granted to counties by this Division shall be treated as in addition to powers conferred by statute to control or approve maps, plats or subdivisions. In this Division, "agricultural purposes" include, without limitation, the growing, developing, processing, conditioning, or selling of hybrid seed corn, seed beans, seed oats, or other farm seeds.

Nothing in this Division shall be construed to prohibit the corporate authorities of a County from adopting an ordinance that exempts pleasure driveways or park districts, as defined in the Park District Code, with a population of greater than 100,000, from the exercise of the County's powers under this Division.

(Source: P.A. 88-623, eff. 1-1-95; 89-654, eff. 8-14-96.)

(55 ILCS 5/5-12001.1 new)

Sec. 5-12001.1. Authority to regulate certain specified facilities of a telecommunications carrier.

(a)

Notwithstanding any other Section in this Division, the County Board or Board of County Commissioners of any County shall have the power to regulate the location of the facilities, as defined in Subsection (c), of a telecommunications carrier established outside the corporate limits of cities, villages, and incorporated towns that have municipal zoning ordinances in effect. The power shall only be exercised to the extent and in the manner set forth in this Section.

(b)

The provisions of this Section shall not abridge any rights created by or authority confirmed in the Federal Telecommunications Act of 1996, P.L. 104-104.

(c)

As used in this section, unless the context otherwise requires:

(1)

"County jurisdiction area" means those portions of a County that lie outside the corporate limits of cities, villages, and incorporated towns that have municipal zoning ordinances in effect;

(2)

"County Board" means the County Board or Board of County Commissioners of any County;

(3)

"Residential zoning district" means a zoning district that is designated under a County Zoning Ordinance and is zoned predominantly for residential uses;

(4)

"Non-residential zoning district" means the County jurisdiction area of a County, except for those portions within a residential zoning district;

(5)

"Residentially zoned lot" means a zoning lot in a residential zoning district;

(6)

"Non-residentially zoned lot" means a zoning lot in a non-residential zoning district;

(7)

"Telecommunications carrier" means a telecommunications carrier as defined in the Public Utilities Act as of January 1, 1997;

(8)

"Facility" means that part of the signal distribution system used or operated by a telecommunications carrier under a license from the FCC consisting of a combination of improvements and equipment including; (i) one (1) or more antennas; (ii) a supporting structure and the hardware by which antennas are attached; (iii) equipment housing; and (iv) ancillary equipment such as signal transmission cables and miscellaneous hardware;

(9)

"FAA" means the Federal Aviation Administration of the United States Department of Transportation;

(10)

"FCC" means the Federal Communications Commission;

(11)

"Antenna" means an antenna device by which radio signals are transmitted, received, or both;

(12)

"Supporting structure" means a structure, whether an antenna tower or another type of structure, that supports one (1) or more antennas as part of a facility;

(13)

"Qualifying structure" means a supporting structure that is (i) an existing structure, if the height of the facility, including the structure, is not more than fifteen feet (15′) higher than the structure just before the facility is installed, or (ii) a substantially similar, substantially same-location replacement of an existing structure, if the height of the facility, including the replacement structure, is not more than fifteen feet (15′) higher than the height of the existing structure just before the facility is installed;

(14)

"Equipment housing" means a combination of one (1) or more equipment buildings or enclosures housing equipment that operates in conjunction with the antennas of a facility, and the equipment itself;

(15)

"Height" of a facility means the total height of the facility's supporting structure and any antennas that will extend above the top of the supporting structure; however, if the supporting structure's foundation extends more than three feet (3′) above the uppermost ground level along the perimeter of the foundation, then each full foot in excess of three feet (3′) shall be counted as an additional foot of facility height. The height of a facility's supporting structure is to be measured from the highest point of the supporting structure's foundation;

(16)

"Facility lot" means the zoning lot on which a facility is or will be located;

(17)

"Principal residential building" has its common meaning but shall not include any building under the same ownership as the land of the facility lot. "Principal residential building" shall not include any structure that is not designed for human habitation;

(18)

"Horizontal separation distance" means the distance measured from the center of the base of the facility's supporting structure to the point where the ground meets a vertical wall of a principal residential building; and

(19)

"Lot Line set back distance" means the distance measured from the center of the base of the facility's supporting structure to the nearest point on the common lot line between the facility lot and the nearest residentially zoned lot. If there is no common lot line, the measurement shall be made to the nearest point on the lot line of the nearest residentially zoned lot without deducting the width of any intervening right-of-way.

(d)

In choosing a location for a facility, a telecommunications carrier shall consider the following:

(1)

A non-residentially zoned lot is the most desirable location.

(2)

A residentially zoned lot that is not used for residential purposes is the second most desirable location.

(3)

A residentially zoned lot that is two (2) acres or more in size and is used for residential purposes is the third most desirable location.

(4)

A residentially zoned lot that is less than two (2) acres in size and is used for residential purposes is the least desirable location. The size of a lot shall be the lot's gross area in square feet without deduction of any unbuildable or unusable land, any roadway, or any other easement.

(e)

In designing a facility, a telecommunications carrier shall consider the following guidelines:

(1)

No building or tower that is part of a facility should encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement have given their approval.

(2)

Lighting should be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, all lighting should be shielded so that no glare extends substantially beyond the boundaries of a facility.

(3)

No facility should encroach onto an existing septic field.

(4)

Any facility located in a special flood hazard area or wetland should meet the legal requirements for those lands.

(5)

Existing trees more than three inches (3″) in diameter should be preserved if reasonably feasible during construction. If any tree more than three inches (3″) in diameter is removed during construction a tree three inches (3″) or more in diameter of the same or a similar species shall be planted as a replacement if reasonably feasible. Tree diameter shall be measured at a point three feet (3′) above ground level.

(6)

If any elevation of a facility faces an existing, adjoining residential use within a residential zoning district, low maintenance landscaping should be provided on or near the facility lot to provide at least partial screening of the facility. The quantity and type of that landscaping should be in accordance with any County Landscaping Regulations of general applicability, except that Paragraph (5) of this Subsection (e) shall control over any tree-related regulations imposing a greater burden.

(7)

Fencing should be installed around a facility. The height and materials of the fencing should be in accordance with any County Fence Regulations of general applicability.

(8)

Any building that is part of a facility located adjacent to a residentially zoned lot should be designed with exterior materials and colors that are reasonably compatible with the residential character of the area.

(f)

The following provisions shall apply to all facilities established in any County jurisdiction area after the effective date of the amendatory Act of 1997:

(1)

Except as provided in this section, no yard or set back regulations shall apply to or be required for a facility.

(2)

A facility may be located on the same zoning lot as one (1) or more other structures or uses without violating any ordinance or regulation that prohibits or limits multiple structures, buildings, or uses on a zoning lot.

(3)

No minimum lot area, width, or depth shall be required for a facility, and unless the facility is to be manned on a regular, daily basis, no off-street parking spaces shall be required for a facility. If the facility is to be manned on a regular, daily basis, one (1) off-street parking space shall be provided for each employee regularly at the facility. No loading facilities are required.

(4)

No portion of a facility's supporting structure or equipment housing shall be less than fifteen feet (15′) from the front lot line of the facility lot or less than ten feet (10′) from any other lot line.

(5)

No bulk regulations or lot coverage, building coverage, or floor area ratio limitations shall be applied to a facility or to any existing use or structure coincident with the establishment of a facility. Except as provided in this section, no height limits or restrictions shall apply to a facility.

(6)

A County's review of a building permit application for a facility shall be completed within thirty (30) days. If a decision of the County Board is required to permit the establishment of a facility, the County's review of the application shall be simultaneous with the process leading to the County Board's decision.

(7)

The improvements and equipment comprising the facility may be wholly or partly freestanding or wholly or partly attached to, enclosed in, or installed in or on a structure or structures.

(8)

Any public hearing authorized under this section shall be conducted in a manner determined by the County Board. Notice of any such public hearing shall be published at least fifteen (15) days before the hearing in a newspaper of general circulation published in the County.

(9)

Any decision regarding a facility by the County Board or a County Agency or Official shall be supported by written findings of fact. The circuit court shall have jurisdiction to review the reasonableness of any adverse decision and the plaintiff shall bear the burden of proof, but there shall be no presumption of the validity of the decision.

(g)

The following provisions shall apply to all facilities established after the effective date of this amendatory Act of 1997 in the County jurisdiction area of any County with a population of less than one hundred eighty thousand (180,000):

(1)

A facility is permitted if its supporting structure is a qualifying structure or if both of the following conditions are met:

(A)

the height of the facility shall not exceed two hundred feet (200′), except that if a facility is located more than one and one-half (1½) miles from the corporate limits of any municipality with a population of twenty-five thousand (25,000) or more the height of the facility shall not exceed three hundred fifty feet (350′); and

(B)

the horizontal separation distance to the nearest principal residential building shall not be less than the height of the supporting structure: except that if the supporting structure exceeds ninety-nine feet (99′) in height, the horizontal separation distance to the nearest principal residential building shall be at least one hundred feet (100′) or eighty percent (80%) of the height of the supporting structure, whichever is greater. Compliance with this paragraph shall only be evaluated as of the time that a building permit application for the facility is submitted. If the supporting structure is not an antenna tower this paragraph is satisfied.

(2)

Unless a facility is permitted under paragraph (1) of this Subsection (g), a facility can be established only after the County Board gives its approval following consideration of the provisions of paragraph (3) of this Subsection (g). The County Board may give its approval after one (1) public hearing on the proposal, but only by the favorable vote of a majority of the members present at a meeting held no later than seventy-five (75) days after submission of a complete application by the telecommunications carrier. If the County Board fails to act on the application within seventy-five (75) days after its submission, the application shall be deemed to have been approved. No more than one (1) public hearing shall be required.

(3)

For purposes of paragraph (2) of this Subsection (g), the following siting considerations, but no other matter, shall be considered by the County Board or any other body conducting the public hearing:

(A)

the criteria in Subsection (d) of this section;

(B)

whether a substantial adverse effect on public safety will result from some aspect of the facility's design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant;

(C)

the benefits to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility;

(D)

the existing uses on adjacent and nearby properties; and

(E)

the extent to which the design of the proposed facility reflects compliance with Subsection (e) of this section.

(4)

On judicial review of an adverse decision, the issue shall be the reasonableness of the County Board's decision in light of the evidence presented on the siting considerations and the well-reasoned recommendations of any other body that conducts the public hearing.

(h)

The following provisions shall apply to all facilities established after the effective date of this amendatory Act of 1997 in the County jurisdiction area of any County with a population of one hundred eighty thousand (180,000) or more. A facility is permitted in any zoning-district subject to the following:

(1)

A facility shall not be located on a lot under Paragraph (4) of Subsection (d) unless a variation is granted by the County Board under Paragraph (4) of this Subsection (h).

(2)

Unless a height variation is granted by the County Board, the height of a facility shall not exceed seventy-five feet (75′) if the facility will be located in a residential zoning district or two hundred feet (200′) if the facility will be located in a non-residential zoning district. However, the height of a facility may exceed the height limit in this paragraph, and no height variation shall be required, if the supporting structure is a qualifying structure.

(3)

The improvements and equipment of the facility shall be placed to comply with the requirements of this paragraph at the time a building permit application for the facility is submitted. If the supporting structure is an antenna tower other than a qualifying structure then (i) if the facility will be located in a residential zoning district the lot line set back distance to the nearest residentially zoned lot shall be at least fifty percent (50%) of the height of the facility's supporting structure or (ii) if the facility will be located in a non-residential zoning district the horizontal separation distance to the nearest principal residential building shall be at least equal to the height of the facility's supporting structure.

(4)

The County Board may grant variations for any of the regulations, conditions, and restrictions of this Subsection (h), after one (1) public hearing on the proposed variations, by a favorable vote of a majority of the members present at a meeting held no later than seventy-five (75) days after submission of an application by the telecommunications carrier. If the County Board fails to act on the application within seventy-five (75) days after submission, the application shall be deemed to have been approved. In its consideration of an application for variations, the County Board, and any other body conducting the public hearing, shall consider the following, and no other matters:

(A)

whether, but for the granting of a variation, the service that the telecommunications carrier seeks to enhance or provide with the proposed facility will be less available, impaired, or diminished in quality, quantity, or scope of coverage;

(B)

whether the conditions upon which the application for variations is based are unique in some respect or, if not, whether the strict application of the regulations would result in a hardship on the telecommunications carrier;

(C)

whether a substantial adverse effect on public safety will result from some aspect of the facility's design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant;

(D)

whether there are benefits to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility; and

(E)

the extent to which the design of the proposed facility reflects compliance with Subsection (e) of this Section. No more than one (1) public hearing shall be required.

(5)

On judicial review of an adverse decision, the issue shall be the reasonableness of the County Board's decision in light of the evidence presented and the well-reasoned recommendations of any other body that conducted the public hearing.

Section 10. The Township Code is amended by changing Section 110-5 as follows:

(60 ILCS 1/110-5)

Sec. 110-5. Application of Article.

(a)

This Article applies only in those townships in which the electors of the township, at an annual or special township meeting, authorize the township board to exercise the powers conferred by this Article.

(b)

This article does not apply in any County in which a County Zoning Ordinance or resolution is in effect. A County zoning ordinance or resolution adopted after the adoption of a township zoning ordinance or resolution under this article supersedes the township zoning ordinance or resolution.

(c)

Regulations adopted under this article do not apply to any area that is governed by a municipal zoning ordinance.

(d)

This article does not apply to the facilities of a telecommunications carrier defined in Section 5-12001.1 of the Counties Code. (Source: P.A. 82-783; 88-62.)

Section 15. The Illinois Municipal Code is amended by changing Section 11-13-l as follows:

(65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-l)

Section 11-13-1. To the end that adequate light, pure air, safety from fire and other dangers may be secured, that taxable value of land and buildings throughout the municipality may be conserved, that congestion in the public streets may be lessened or avoided, that the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters may be lessened or avoided, and that the public health, safety, comfort, morals, and welfare may otherwise be promoted, and to insure and facilitate the preservation of sites, areas, and structures of historical, architectural and aesthetic importance; the corporate authorities in each municipality have the following powers:

(1)

to regulate and limit the height and bulk of buildings hereafter to be erected;

(2)

to establish, regulate and limit, subject to the provisions of Division 14 of this Article 11, the building or setback lines on or along any street, traffic-way, drive, parkway or storm or floodwater runoff channel or basin;

(3)

to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings;

(4)

to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses;

(5)

to divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this Division 13;

(6)

to fix standards to which buildings or structures therein shall conform;

(7)

to prohibit uses, buildings, or structures incompatible with the character of such districts;

(8)

to prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this Division 13;

(9)

to classify, to regulate and restrict the use of property on the basis of family relationship, which family relationship may be defined as one (1) or more persons each related to the other by blood, marriage or adoption and maintaining a common household; and

(10)

to regulate or forbid any structure or activity which may hinder access to solar energy necessary for the proper functioning of a solar energy system, as defined in Section 1.2 of The Comprehensive Solar Energy Act of 1977.

The powers enumerated may be exercised within the corporate limits or within contiguous territory not more than one and one-half (1½) miles beyond the corporate limits and not included within any municipality. However, if any municipality adopts a plan pursuant to Division 12 of Article 11 which plan includes in its provisions a provision that the plan applies to such contiguous territory not more than one and one-half (1½) miles beyond the corporate limits and not included in any municipality, then no other municipality shall adopt a plan that shall apply to any territory included within the territory provided in the plan first so adopted by another municipality. No municipality shall exercise any power set forth in this Division 13 outside the corporate limits thereof, if the County in which such municipality is situated has adopted "An Act in relation to County Zoning," approved June 12, 1935, as amended. No municipality may exercise any power set forth in this Division 13 outside the corporate limits of the municipality with respect to a facility of a telecommunications carrier defined in Section 5-12001.1 of the Counties Code. If a municipality adopts a zoning plan covering an area outside its corporate limits, the plan adopted shall be reasonable with respect to the area outside the corporate limits so that future development will not be hindered or impaired; it is reasonable for a municipality to regulate or prohibit the extraction of sand, gravel, or limestone even when those activities are related to an agricultural purpose. If all or any part of the area outside the corporate limits of a municipality, which has been zoned in accordance with the provisions of this Division 13, is annexed to another municipality or municipalities, the annexing unit shall thereafter exercise all zoning powers and regulations over the annexed area.

In all ordinances passed under the authority of this Division 13, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire municipality and the uses to which the property is devoted at the time of the enactment of such an ordinance. The powers conferred by this Division 13 shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted, but provisions may be made for the gradual elimination of uses, buildings and structures which are incompatible with the character of the districts in which they are made or located, including, without being limited thereto, provisions (a) for the elimination of such uses of unimproved lands or lot areas when the existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued; (b) for the elimination of uses to which such buildings and structures are devoted, if they are adaptable for permitted uses; and (c) for the elimination of such buildings and structures when they are destroyed or damaged in major part, or when they have reached the age fixed by the corporate authorities of the municipality as the normal useful life of such buildings or structures.

This amendatory Act of 1971 does not apply to any municipality, which is a home rule unit.

(Source: P.A. 86-1025.)

Section 20. The Airport Zoning Act is amended by adding Section 10.5 as follows:

(620 ILCS 25/10.5 new)

Sec. 10.5. Effect of other laws. None of the following shall be construed to limit the authority created by this Act:

(A)

Section 5-12001 of the Counties Code;

(B)

Section 5-12001.1 of the Counties Code;

(C)

Section 110-5 of the Township Code; and

(D)

Section 11-13-1 of the Illinois Municipal Code.