This chapter establishes the responsibilities of decision making and administrative bodies identified by this title. This chapter does not attempt to recite all responsibilities granted under the State Enabling Act, only those required by this title. (Ord. 10-001, 1-12-2010)

The responsibility for major actions required by this title is set forth in this chapter. The following table 8-13-2, "Procedural Responsibilities", of this section, indicates responsibility. A group may have more than one responsibility, such as holding a public hearing in addition to taking action. Further, regardless of the appeal notation, all decisions may be appealed to the courts in accordance with State and Federal law.

TABLE 8-13-2
PROCEDURAL RESPONSIBILITIES

 

R = The body makes recommendations to the decision makers.

H = The body must hold a public hearing.

D = The body makes the final decision.

A = The body hears an appeal to the decision.

(Ord. 2018-012, 6-12-2018)

   A.   General: The County Board shall have all powers conferred upon it by Illinois Statutes and the Grundy County Charter. With respect to development approval and amendments to this title and the County's comprehensive plan, the County Board retains and shall exercise the powers set out in this section.

   B.   Approvals: The County Board shall decide on the following applications after a public hearing is held and after reports and recommendations are provided by the County staff, Zoning Board of Appeals and the Land Use Committee:

      1.   Amendments to the text and maps within the comprehensive plan.

      2.   Text amendments to this title.

      3.   Amendments to the official zoning map.

      4.   Special use permit approvals.

   C.   Staff: The County Board shall hire staff when necessary and shall designate the Director, Land Use Department.

   D.   Appointments: The County Board shall appoint the Zoning Board of Appeals members. (Ord. 2018-12, 6-12-2018)

In exercising its powers, the County Board may under its own rules and regulations establish a Planning and Zoning Committee, also referred to as the "P&Z Committee", which is made up of members of the County Board appointed by the Chairman. It shall act as a facilitator to the full County Board in all planning and development related matters.

   A.   Approval Of Actions: The P&Z Committee shall review and recommend actions to the County Board for the following approval process functions:

      1.   UDO text amendment.

      2.   Zoning map amendment.

      3.   Special use approval.

      4.   Major subdivision preliminary and final plat approval.

      5.   Minor subdivision final plat approval.

   B.   Staff Oversight: It shall serve as the Oversight Committee of the Building and Zoning, and Planning Offices of the Land Use Department.

   C.   Fee Schedules: It shall recommend fee schedule changes to the County Board.

   D.   Comprehensive Plan: After receiving the recommended comprehensive plan from the Planning Commission, the P&Z Committee shall place the document on file and recommend the resolution for adoption by the County Board. (Ord. 10-001, 1-12-2010)

(Rep. by Ord. 2018-012, 6-12-2018)

The Grundy County Zoning Board of Appeals shall be maintained in accordance with Illinois Statutes. It may also be referred to as the "Zoning Board".

   A.   Membership And Compensation: The Grundy County Zoning Board of Appeals shall consist of seven (7) members appointed by the Chairman of the County Board subject to confirmation by a majority of the full County Board.

      1.   Residency: All members shall be residents of separate townships at the time of their respective appointments.

      2.   Compensation: Members of the Zoning Board may receive compensation in an amount that is established by the County Board.

   B.   Terms:

      1.   Each member shall serve a five (5) year term and may be reappointed. These terms shall be staggered so that one member's term shall expire each year.

      2.   Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as the original appointment.

      3.   Members of the Zoning Board who are already seated as of the effective date hereof shall continue to serve out their respective terms.

   C.   Removals: The Chairman of the County Board shall have the power to remove any member of the Zoning Board for cause, after a public hearing.

   D.   Officers:

      1.   One of the members of the Zoning Board of Appeals shall be designated by the County Board as Chairman at the time of his/her appointment.

      2.   In the case of a vacancy, the Chairman of the County Board shall designate a new Chairman, which shall be confirmed by a majority vote of the County Board present and voting on the matter.

   E.   Rules:

      1.   All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such times and places within the County as the Zoning Board of Appeals may determine.

      2.   All meetings shall be open to the public.

      3.   The Zoning Board, or designated staff member, shall keep minutes of its examinations, proceedings, and other official business that indicate the vote of each member upon every question or, if absent or failing to vote, indicating such fact.

      4.   The Chairman, or in his/her absence the Vice Chairman, may administer oaths and compel the attendance of witnesses.

   F.   Powers And Duties: The Zoning Board shall have the following authority:

      1.   Ordinance Amendments: The Zoning Board shall hear applications for amendments to this title, as provided for in sections 8-14-8, "Ordinance Text Amendments", and 8-14-9, "Map Amendments", of this title, report its findings and recommendations to the County Board.

      2.   Variances: The Zoning Board shall hear and approve or deny applications for variances to the density, bulk, yard, and height provisions of this title, as provided in section 8-14-7, "Variances", of this title.

      3.   Special Use Permits: The Zoning Board shall hear applications for special use approvals and report its findings and recommendations to the County Board, in accordance with the provisions of section 8-14-6, "Special Use Permits", of this title.

      4.   Appeals: The Zoning Board shall also hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of this title.

      5.   Subdivisions: The Zoning Board of Appeals shall review the preliminary and final plats of major or minor subdivisions or replats, shall recommend approval or disapproval to the Land Use Committee and shall provide a statement of reasons supporting its recommendation. (Ord. 2018-012, 6-12-2018)

   A.   Director, Land Use Department:

      1.   Powers And Duties: The Land Use Department Director, also referred to as "Director", shall:

         a.   Administer and enforce, or share in the administration and enforcement of, the provisions of this title.

         b.   Oversee the policies and practices of the Building and Zoning, Planning and Environmental and Resource Conservation Offices of the Land Use Department. Supervisory staff of these offices shall report to the Director.

         c.   Have the authority to enter property to make inspections, as required to carry out necessary administration and enforcement.

         d.   Interpret and enforce the County comprehensive plan and confer with local authorities, land planners, and development specialists on Best County Land Use Practices.

         e.   Serve as the Plat Officer and may delegate these duties to department staff when deemed necessary.

      2.   Recommendations: The Director shall provide a recommendation with regard to all discretionary approvals.

      3.   Approvals: The Director shall overview the processes of the following types of applications:

         a.   Zoning clearance.

         b.   Special use permits.

         c.   Development plans.

         d.   Administrative variances.

   B.   Building And Zoning Officer: A staff member of the Land Use Department, also referred to as "Zoning Officer" or "Building Officer", and/or designee, may share in the administration and enforcement of all of the chapters of this title.

      1.   Powers And Duties: The Zoning Officer shall:

         a.   Have the authority to grant or deny building permits and/or occupancy permits and to enter property to make inspections necessary for the administration and enforcement of this title.

         b.   Act in accordance with the decisions of the County Board, Land Use Committee and Zoning Board of Appeals.

         c.   Review and prepare cases for minor subdivisions.

         d.   Supervise all aspects of building construction, limited and special use compliance, preparation of zoning map updates.

         e.   Provide input into UDO text amendments and adjustments to administrative procedures.

         f.   Report and confer with the Director, as needed.

      2.   Approvals: The Zoning Officer shall approve or deny building permits and other County regulations.

   C.   Development Review Committee:

      1.   Committee Established: A Development Review Committee is established, which is comprised of the following members:

         a.   Land Use Department Director.

         b.   County Highway Engineer.

         c.   Plats Review Engineer (consultant).

         d.   Director of Environmental Health.

   D.   Floodplain Administrator:

      1.   Appointment: The Floodplain Administrator is the Zoning Officer and Review Engineer.

      2.   Powers And Duties: The Floodplain Administrator shall administer section 8-4-5 of this title. (Ord. 2018-012, 6-12-2018)

Any municipality within the County that has adopted a municipal zoning ordinance shall be notified of an application for a zoning map amendment, special use approval, variance, or subdivision if the land affected is located within 1.5 miles of its corporate limits.

   A.   Public Hearing Participation: A designated representative of the affected municipality may attend the scheduled public hearing and provide a written statement and testimony regarding the municipality's position regarding the proposed action.

   B.   Zoning Map Amendments: If the proposed action is a zoning map amendment, the affected municipality's written protest shall have the effect of increasing the required vote of approval by the County Board from a simple majority to a three-fourths (3/4) majority. (Ord. 10-001, 1-12-2010)

If a township located within the County has a Planning Commission and the Planning Commission objects to a proposed rezoning of property within that township or any UDO text amendment, the township Board of Trustees may submit a written protest of the proposed action. The effect of this protest shall be to increase the required vote of approval by the County Board from a simple majority to a three-fourths (3/4) majority. (Ord. 2018-012, 6-12-2018)