This chapter establishes the procedures for all approvals, administrative reviews, and administrative relief required by this unified development ordinance. It also provides a guide to the steps of application review and development requests. (Ord. 10-001, 1-12-2010)

A preapplication conference is mandatory prior to submitting certain applications. The purpose of the preapplication conference is to familiarize the applicant with any county concerns and with this title's applicable provisions. Also, this conference permits the department to assess the proposal and identify any problems or concerns.

   A.   Initiation: An applicant shall request a date for the preapplication conference with the department. The request shall be accompanied by a description of the character, location, and magnitude of the proposed development and the type of approval sought. If a concept plan is required, then it should be brought to the preapplication conference.

   B.   Scheduling: After receiving the request for a preapplication conference, the department shall schedule and hold the preapplication conference. The department shall notify the applicant of the time, date, and place of the preapplication conference.

   C.   Conference Determinations: At the preapplication conference, the department shall review the material, make recommendations, and indicate concerns, problems, or other factors the applicant should consider in pursuing the proposal.

   D.   Written Summary: The department shall mail to the applicant a written summary of the preapplication conference and provide a copy of the planning and zoning calendar that lists applicable meeting times. (Ord. 10-001, 1-12-2010)

Applications shall be submitted to the department, along with the corresponding application fee on a form approved by the department.

   A.   Initiation: Unless otherwise indicated in this chapter, applications shall be submitted by the owner, an authorized agent, or any other person having a contractual interest in the land for which the use is proposed.

   B.   Consent To Inspection: Accompanying any application that would directly authorize land disturbance or construction shall be a signed statement of the applicant's consent to inspection of the premises by department staff, in order to ensure compliance with this title and conditions of approval. The applicant shall give a right of reasonable access to view, enter, and inspect the property at reasonable times until a certificate of occupancy (or its equivalent) is issued. (Ord. 10-001, 1-12-2010)

The department shall determine if the application is sufficient and includes all data required or necessary to evaluate the application.

   A.   Notice To Applicant:

      1.   If the department determines the application is not sufficient, a written notice shall be mailed to the applicant specifying deficiencies.

      2.   When the application is determined sufficient, the department shall notify the applicant and begin the requisite reviews by forwarding the material to the appropriate recommending body or other staff, as appropriate. If a public hearing is required, the date shall be set to hear the application and the applicant notified in writing.

   B.   Additional Information: Nothing in this section shall limit the department's authority to require additional information deemed reasonably necessary following the determination that the application is sufficient. At any time during the review process, the department may require the applicant to provide additional information to thoroughly evaluate the application.

   C.   Rejection Of Successive Applications: A reapplication involving any land area for which a map amendment was denied within the prior twelve (12) months shall not be accepted by staff. An applicant who believes the intended amendment has merit may ask the county board to authorize the acceptance. However, the county board shall not authorize reapplication unless it finds there are changed circumstances or unless it finds that the new application addresses all the concerns that led to the earlier denial. (Ord. 10-001, 1-12-2010)

   A.   Acceptance Of Complete Application: Upon receiving a complete application, the department shall forward it to the applicable body. As appropriate, the department shall also provide copies of the application to county, school, municipal, and state agencies for review and comment. The department shall evaluate the comments of reviewing agencies regarding the application.

   B.   Notice To Applicant: The department shall notify the applicant as to when it will review the plan. All department and reviewing agency comments shall accompany the notification.

   C.   Meetings: The department shall conduct meetings as needed with county and other reviewing agencies to review the application. The applicant shall be given an opportunity to respond to the comments on the plan.

   D.   Recommendations: Upon completion of the application review, the department shall prepare a written recommendation regarding the application. Such recommendation shall be sent to the recommending body(ies). A copy shall also be provided to the applicant. (Ord. 10-001, 1-12-2010)

When a public hearing is required pursuant to this title, the department shall be responsible for scheduling the hearing and the applicant responsible for ensuring notice is properly provided.

   A.   Notice In Newspaper: Application shall be advertised in the legal notice section of a newspaper of general circulation in the township or road district in which the subject property is situated, as selected by the county board. Notice shall appear once at least fifteen (15) but not more than thirty (30) calendar days prior to the public hearing date and shall contain the following information:

      1.   The type of application sought, i.e., special use, variance, map amendment, or text amendment.

      2.   A short description of the proposed action requested.

      3.   A legal description of the parcel, the approximate street location or address, where possible, and a map of the area. If no street address is available, there shall be a reference to any well known landmark, highway, road, or intersection.

      4.   The name of the applicant and a statement indicating whether the petitioner or applicant is acting for himself or herself or as an agent, alter ego, or representative of a principal and the name and address of the principal.

         a.   If the applicant is a corporation, the correct names and addresses of all officers and directors of the corporation and of all stockholders or shareholders owning any interest in excess of twenty percent (20%) of all of the outstanding stock or shares of the corporation.

         b.   If the applicant is a business or entity doing business under an assumed name, the name and residence of all actual owners of the business or entity.

         c.   If the applicant is a partnership, joint venture, syndicate, or an unincorporated voluntary association; the names and addresses of all partners or members of the partnership, joint venture, syndicate, or unincorporated voluntary association.

      5.   The location, address, date, and time of the public hearing.

      6.   Information on where full details of the application may be obtained, including the location, hours, and telephone number.

The applicant will be responsible for the legal notices to be published.

   B.   Written Notice: The applicant shall provide written notice by certified mail to all owners of record of all residential property adjacent to the exterior boundary and within five hundred feet (500') of the subject property at least fifteen (15) but not more than thirty (30) calendar days prior to the public hearing. The notice shall contain:

      1.   The name of the applicant and type of application sought, i.e., special use permit, variance, or map amendment.

      2.   Short description of the proposed action requested.

      3.   A legal description of the parcel, the approximate street location or address, where possible, a map of the area, and the name of the person seeking the application.

      4.   The location, address, date, and time of the public hearing.

      5.   Information on where full details of the application may be obtained, including the location, hours, and phone number.

      6.   The applicant shall be responsible for providing the department with postal proofs of delivery, certifying that the notices were mailed and received. (Ord. 10-001, 1-12-2010)

The following rules apply to the conduct of hearings:

   A.   Appearance: Any party may appear at a public hearing, submit evidence, and be heard. Any party may appear in person or by agent or attorney.

   B.   Organizations: If the party represents an organization, the body conducting the hearing may request written evidence of that party's authority to speak on behalf of the group in regard to the current matter.

   C.   Identification: Parties appearing at a public hearing shall identify themselves and state their name, address, and similar information about any organization they represent.

   D.   Expert Witnesses: Citizens, applicants, and the county have the right to employ expert witnesses to represent them. (Ord. 10-001, 1-12-2010)

   A.   General: After the close of a public hearing, the administrative body conducting the hearing shall consider the application, relevant support materials, staff report, and public testimony given at the public hearing. The administrative body shall render a decision or recommendations, as appropriate, either to approve, approve with conditions, or disapprove the application based on this title and the factual evidence presented. Administrative decisions shall follow the same rules once a completed application is received.

   B.   Time Limits: Action shall be taken as promptly as possible in consideration of the interests of the applicant and citizens.

   C.   Written Orders And Recommendations: All decisions or recommendations shall be in writing and include the following:

      1.   A clear statement of specific findings of fact and the basis upon which such facts were determined, with specific reference to this title's relevant standards.

      2.   A clear statement of approval, approval with conditions, or disapproval. Conditions may only be required by the county on special uses, variances, or site plan approvals.

      3.   Any other information deemed necessary by the decision making body. (Ord. 10-001, 1-12-2010)

Approving any application shall be deemed to authorize only the particular use, plan, or other specific activity for which the application was issued. Approvals shall run with the particular land or, in some cases, with the applicant for which approval is given, unless otherwise stated in that approval. Exceptions are zoning text changes and land use interpretations, which will generally apply to more than one parcel of land.

   A.   Time Limitations: Permitted time frames for an approval shall apply to the applicant and any successive owner(s) of the property involved. Approval times shall expire, and the approval shall become null and void at the times indicated in table 8-14-2-8, "Time Limitations And Extensions", of this section, if any of the following occur:

      1.   A building permit has not been issued and construction has not commenced to establish the use authorized in the approval of the application.

      2.   The use does not require a building permit and is not established, ongoing, and in operation.

TABLE 8-14-2-8
TIME LIMITATIONS AND EXTENSIONS

 

 

Note:

   1.    Unless specified otherwise in the special use permit or variance approval. The approval may also specify periodic review, at which time the approval could be terminated.

   B.   Approvals Not Subject To Time Limitations: Any approval not listed in table 8-14-2-8, "Time Limitations And Extensions", of this section, shall not expire upon a specified time limit. Such approvals shall continue in force until superseded by an ordinance change or specific action that alters them.

   C.   Extensions: Upon written request, a onetime extension may be granted by the decision making body for a period not to exceed the original approval period for good cause shown.

      1.   The department shall notify all applicants of a pending expiration two (2) months prior to that expiration date of the application.

      2.   No request for an extension shall be considered unless a written application requesting the extension is submitted to the land use department no later than one month prior to expiration.

      3.   Failure to submit an application for an extension within the time limits established by this section shall result in the approval's expiration as provided above.

   D.   Appeals: If there is an appeal or litigation during the time period specified in subsection A of this section, the time limitation shall be suspended until the appeal or litigation is complete. This section does not apply if the litigation is for violation of this title. (Ord. 10-001, 1-12-2010)

A certificate of zoning compliance may also be issued to a property owner or occupant as a means of validating conformity with this unified development ordinance to a financial institution or any other unit of government.

   A.   Application: The applicant shall provide sufficient detail on the proposed land use or improvements to enable the zoning officer to determine that the proposed occupancy and intensity in use of the structure will comply with the provisions of this unified development ordinance.

      1.   If the proposed parcel involves residential development, there must be an accompanying title search that demonstrates the original date and conditions associated with the split of that lot.

   B.   Approval: The zoning officer, within fifteen (15) working days following receipt of a complete application, shall approve and authorize or deny the issuance of a certificate of compliance.

      1.   If the application is denied, the zoning officer shall notify the person signing the application, in writing, of the findings.

      2.   The applicant may, within twenty (20) working days, either demonstrate that the application is in compliance or submit a revised application that is in compliance. (Ord. 10-001, 1-12-2010)

No new structure or change in use of an existing structure shall be occupied until a certificate of occupancy is issued by the zoning officer. A certificate of occupancy is normally issued after building construction or remodeling has been completed and the structure has passed all required inspections.

   A.   Application:

      1.   New construction: The zoning officer shall automatically issue a certificate of occupancy after all final inspections have successfully been completed.

      2.   Change in use or intensity of an existing structure: The applicant shall provide sufficient detail on the intended land use and configuration of premises to enable the zoning officer to determine that the intended use, parking, and other requirements of this title are being met.

   B.   Inspections: No occupancy permit for a change in use of an existing structure shall be granted until an on site inspection has been conducted by the zoning officer. The inspection shall be conducted to determine that the intended occupancy is permitted under the provisions of this title and that the building and site conforms to all district intensity, bulk, height, yard requirements, parking, and sign standards.

   C.   Approval: The zoning officer shall approve and authorize or deny the issuance of a certificate of occupancy within five (5) working days following receipt of a complete application.

      1.   If the application is denied, the zoning officer shall notify the applicant in writing of the findings.

      2.   In the event of a denial, the applicant may, within twenty (20) working days, either:

         a.   Modify the improvements to bring them into compliance, or

         b.   Submit a revised application for the improvements that is in compliance.

   D.   Effect: An approval shall be valid while the building, or portion of the building, is occupied and there is no change in principal use, increase in occupied space, intensification of activity, reduction in lot area, or reduction in the number of required off street parking spaces.

   E.   Temporary Occupancy: Temporary occupancies shall comply with the Grundy County building code. (Ord. 10-001, 1-12-2010)

Uses listed as temporary uses in section 8-2-2-1, "Table 8-2-2-1C, Temporary Uses", of this title, are allowed, subject to any limitations specified in section 8-2-4, "Administrative Review Use Standards", of this title. A temporary use permit may be issued, provided the use meets all other requirements of this title for setback and parking and receives approval of proposed signs from the zoning officer. Other specific requirements in section 8-2-6, "Temporary Uses", of this title, provide additional requirements such as hours of operation, duration of the activity, and requirements of other county agencies such as the sheriff and health department.

   A.   Application: The applicant shall provide sufficient detail on the proposed activity or event to enable the zoning officer to determine compliance with the provisions of this unified development ordinance.

   B.   Approval Criteria: All temporary uses shall be reviewed against the criteria provided in section 8-2-6, "Temporary Uses", of this title.

   C.   Determination: The zoning officer shall make a determination whether to approve, approve with conditions, or deny the permit within five (5) working days after the date of application. Any applicant denied a permit by the zoning officer shall be notified in writing of the reasons for the denial and of the opportunity to appeal the denial to the zoning board of appeals.

   D.   Effect: If approved, such approval shall thereafter be valid for the specified duration of the activity or event. (Ord. 10-001, 1-12-2010)

Except as otherwise provided in this title, no person shall commence or perform any grading, stripping, excavating, or filling of land without having first obtained a site development permit from the department.

   A.   Exemptions From Permit: A site development permit shall not be required for any of the following activities. However, these activities are not exempt for other permitting requirements.

      1.   Development of a site of less than 2.5 acres for commercial or industrial use, provided that the person responsible for any such development shall implement necessary erosion and sedimentation control measures to satisfy the principles set forth in section 8-4-5 of this title.

      2.   Residential uses that do not require a site development permit include:

         a.   Fencing;

         b.   Garages or carports, attached or detached;

         c.   Sheds and storage buildings for garden equipment and household items; and

         d.   Terraces, patios, decks, and other accessory uses.

      3.   Excavation below final grade for the basement and footings of a single-family residence and appurtenant structures on a site in excess of five (5) acres for which a building permit has been issued by the county.

      4.   Agricultural use of land including the implementation of conservation measures included in a farm conservation plan approved by the soil and water conservation district, and including the construction of agricultural structures.

   B.   Application: Application for a site development permit shall be made by the owner of the property or his/her authorized agent to the department on a form furnished for that purpose.

      1.   Each application shall include the following:

         a.   The name(s) and address(es) of the owner(s) or developer(s) of the site.

         b.   Proof of land ownership and, if applicable, proof that a developer or agent is acting with the owner's permission.

         c.   The name of any consulting firm retained by the applicant for the project.

         d.   The name of the applicant's principal contact.

         e.   A filing fee, amount available from the land use department.

      2.   Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.

      3.   To ensure technical validity, all applications should be signed and sealed by a licensed professional engineer.

   C.   Submission: Any applicant seeking approval of a site development permit shall submit to the department five (5) copies of the submittal materials specified in section 8-14-2, "General Procedures", of this chapter. The department shall declare the application as complete or incomplete within fourteen (14) days. If complete, the department shall forward copies to the development review committee.

   D.   Review: Each application for a site development permit shall be reviewed and acted upon according to the following procedures:

      1.   The development review committee will review each application for a site development permit to determine its conformance with the provisions of this chapter and other applicable federal and state requirements.

      2.   The department shall also refer any application to the county soil and water conservation district and/or any other local government or public agency within whose jurisdiction the site is located for review and comment.

   E.   Approval:

      1.   Within thirty (30) days after receiving an application, the department shall, in writing:

         a.   Approve the permit application if it is found to be in conformance with the provisions of this chapter and issue the permit;

         b.   Approve the permit application subject to such reasonable conditions as may be necessary to substantially secure the objectives of this chapter and issue the permit subject to these conditions; or

         c.   Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

   F.   Conditions Of Approval: No site development permit shall be issued for an intended development site unless:

      1.   The development, including, but not limited to, subdivisions and planned unit developments, has been approved by the county where applicable; or

      2.   Such permit is accompanied by or combined with a valid building permit issued by the county; or

      3.   The proposed earthmoving is coordinated with any overall development program previously approved by the county for the area in which the site is situated.

   G.   Variances And Appeals:

      1.   In cases where strict compliance with the terms of this chapter would result in particular hardship and practical difficulty, the applicant may apply for a variance under the provisions of section 8-14-7, "Variances", of this chapter.

      2.   The decision of the department may be appealed in accordance with the provisions of section 8-14-12, "Appeals", of this chapter.

   H.   Expiration Of Permit: Every site development permit shall expire and become null and void if the work authorized by such permit has not been commenced within one hundred eighty (180) days or is not completed by a date specified in the permit. The department may, however, grant a reasonable extension of time if written application is made before the expiration date of the permit. Before this extension may be granted, the permittee must present satisfactory evidence that unusual difficulties have prevented work being commenced or completed within the one hundred eighty (180) day time limit.

   I.   Suspension Or Revocation Of Permit: The department may suspend or revoke the site development permit in the event of the following circumstances:

      1.   The person holding the site development permit violates the terms of the permit.

      2.   Site development is conducted in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working near the development site.

      3.   Site development is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

   J.   Stop Work Order: Suspension of a permit shall be by a written stop work order issued by the department and delivered to the permittee or his/her agent or the person performing the work. The stop work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. (Ord. 10-001, 1-12-2010)

The department shall perform administrative use reviews, solely to determine whether the uses listed in section 8-2-2-1, "Land Use Tables", of this title and any applicable standards contained in section 8-2-4, "Administrative Review Use Standards", of this title, and any other applicable section of this title will be met by the proposed action. If the conditions have been satisfied, the criteria for approval shall be deemed met. A report noting all conditions have been met shall be attached to the file on the use's approval. (Ord. 10-001, 1-12-2010)

There are other uses which may be necessary or desirable to allow in a given district but which, on account of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified as "special uses". The inclusion of a special use provision in a zoning district does not constitute an authorization that such use will be approved. Rather, each proposed special use shall be evaluated by the conditions set forth in this title and a determination if it is consistent with the community character of the immediate vicinity of the parcel proposed for development. A special use may incorporate additional standards that ensure compatibility with the surrounding area. These additional standards may be imposed through this title or as assigned during the approval process. Special uses are approved by the County Board after a public hearing and recommendations by the Zoning Board of Appeals, and the Land Use Committee.

   A.   Initiation Of Special Use Permit Approval: Any person, firm, or corporation owning land, options to purchase land, or contract for purchase of land in the County's unincorporated jurisdiction may apply for a special use permit, provided that the intended special use is allowed within the zoning district in which the subject property is situated.

   B.   Preapplication Conference: A preapplication conference, as specified in section 8-14-2-1, "Preapplication Conference", of this chapter, is required.

   C.   Processing:

      1.   A special use permit application shall be filed with the Land Use Department, which shall forward copies to the Land Use Committee, and Zoning Board of Appeals.

      2.   The department shall schedule a public hearing by the Zoning Board of Appeals, to be held within ninety (90) days of receipt of a complete application.

   D.   Department Review: The department shall review the special use permit application and provide a written analysis to the Land Use Committee, and Zoning Board of Appeals. (Ord. 2018-012, 6-12-2018)

   E.   Planning Commission Workshop: (Rep. by Ord. 2018-012, 6-12-2018)

   F.   Zoning Board Of Appeals Meeting: The Zoning Board of Appeals shall complete the review and make a recommendation for approval or denial at a regularly scheduled meeting. The Zoning Board of Appeals' recommendation shall then be forwarded by the department to the Land Use Committee. (Ord. 2018-012, 6-12-2018)

   G.   Planning And Zoning Committee: The Planning and Zoning Committee shall review the application and recommend to the County Board that it be placed on file in its records.

   H.   County Board: The County Board shall place the application on file.

   I.   Zoning Board Of Appeals Public Hearing:

      1.   The applicant shall publish notification of the public hearing. The applicant shall provide direct mail notification to property owners and abutting property owners within five hundred feet (500'), in accordance with subsections 8-14-2-5A and B of this chapter, at least fifteen (15), but no more than thirty (30), calendar days before the date of the public hearing before the Zoning Board of Appeals. The applicant shall provide proof of notification to the Land Use Department.

      2.   The Zoning Board of Appeals shall conduct a public hearing on the proposed special use permit in accordance with section 8-14-2-6, "Public Hearings", of this chapter.

   J.   Recommendation Of The Zoning Board Of Appeals: After closure of the public hearing, the Zoning Board of Appeals shall submit a report of its findings and recommendations to the Planning and Zoning Committee.

      1.   The Zoning Board of Appeals shall base its recommendations on the provisions of section 8-2-5, "Special Use Standards", of this title, that apply to the intended special use and the district in which it is proposed.

      2.   In making its recommendation, the Zoning Board of Appeals shall also consider the health, safety, general welfare, neighboring uses, influence on road and traffic conditions, erosion of adjacent property, and water supply infringement.

      3.   The Zoning Board of Appeals may impose on the permit certain conditions and restrictions in addition to any conditions or requirements provided in section 8-2-5, "Special Use Standards", of this title.

   K.   Planning And Zoning Committee: The Planning and Zoning Committee shall meet to review the application and recommendation of the Zoning Board of Appeals and consider any public comments received since the application was placed on file. The committee may issue a recommendation of approval or denial to the full County Board or may refer it back to the Zoning Board of Appeals for further consideration.

   L.   County Board Decision: Upon receiving the recommendation of the Planning and Zoning Committee, the County Board shall act on the special use permit at its next regular meeting.

   M.   Effect:

      1.   No order of the County Board granting a special use permit shall be valid for a period longer than twelve (12) months from the date of such order, unless:

         a.   The building permit or any other permit required has been issued and erection or alteration is started; or

         b.   If a building permit is not required, the occupancy has begun within the twelve (12) month period.

      2.   Once the use has begun in a lawful manner, the special use permit shall apply to all current and future owners of the property, provided that all conditions imposed by the Zoning Board of Appeals on the special use permit continue to be met. (Ord. 10-001, 1-12-2010)

In cases where strict compliance with the terms of this title would result in unreasonable hardship and practical difficulty, the Zoning Board of Appeals may authorize a variance in height, lot area, and/or yard regulations. The Zoning Board of Appeals may act only in a manner so as to grant relief without substantial injury to the public health, safety, and general welfare.

   A.   Initiation Of Variance Approval: Any person, firm, or corporation owning land, options to purchase land, or contract for purchase of land in the County's unincorporated jurisdiction may apply for a variance.

   B.   Preapplication Conference: A preapplication conference, as specified in section 8-14-2-1, "Preapplication Conference", of this chapter, is optional.

   C.   Processing:

      1.   The Zoning Officer shall forward a copy of such application to the Director, Zoning Board of Appeals, and other County and governmental review agencies, as deemed appropriate.

      2.   The Zoning Officer shall schedule a public hearing by the Zoning Board of Appeals, to be held within ninety (90) days of receipt of a complete application.

   D.   Department Review: The department shall review the variance application and provide a written analysis to the Zoning Board of Appeals.

   E.   Public Hearing:

      1.   The applicant shall publish notification of the public hearing. The applicant shall provide direct mail notification to property owners and abutting property owners. Both actions shall be in accordance with subsections 8-14-2-5A and B of this chapter, fifteen (15) to thirty (30) days before the date of the public hearing before the Zoning Board of Appeals.

      2.   The Zoning Board of Appeals shall conduct a public hearing on the proposed variance in accordance with section 8-14-2-6, "Public Hearings", of this chapter.

      3.   The Zoning Board of Appeals may table and continue the hearing to later special or regularly scheduled meetings. It may also request the applicant to provide additional information regarding the variance request.

   F.   Decision Of The Zoning Board Of Appeals: After closure of the public hearing, the Zoning Board of Appeals shall approve, approve with conditions, or deny the variance. The concurring vote of three (3) members of the Zoning Board of Appeals is required to approve the variance or approve the variance with conditions.

      1.   The Zoning Board of Appeals shall not vary the regulations of this title unless it shall make findings based on the evidence presented to it in each specific case that:

         a.   The plight of the owner is due to unique circumstances.

         b.   The variation, if granted, will not alter the essential character of the locality.

      2.   For the purpose of implementing the above rules, the Zoning Board of Appeals shall also, in making its determination, establish whether there are practical difficulties or particular hardships and take into consideration the extent to which the following facts favorable to the applicant have been established by evidence:

         a.   The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship on the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

         b.   The conditions on which the petition for a variance is based would not be applicable, generally, to other property within the same zoning district classification.

         c.   The purpose of the variance is not based exclusively on a desire to make more money out of the property.

         d.   The alleged difficulty or hardship has not been created by the owner of the property or by a previous owner.

         e.   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

         f.   The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

      3.   The Zoning Board of Appeals may impose on the permit certain conditions and restrictions on the premises benefited by a variance as may be necessary to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and better carry out the general intent of this title.

   G.   Effect:

      1.   No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six (6) months from the date of such order, unless the building permit or any other permit required within such period and erection or alteration is started, or the use is commenced within such period.

      2.   Once the use has begun in a lawful manner, the variance shall apply to all current and future owners of the property, provided that all conditions imposed by the Zoning Board of Appeals on the variance continue to be met. (Ord. 10-001, 1-12-2010)

The text of this title may be amended from time to time by ordinance in accordance with the procedures outlined in section 8-13-2, table 8-13-2 of this title and Illinois Statutes. Amendments shall be granted by the County Board only after a public hearing before the Zoning Board of Appeals and after it has received a report of the Zoning Board of Appeals' findings and recommendations.

   A.   Initiation Of Amendment: Amendments may be proposed by the County Board; Land Use Committee; Zoning Board of Appeals; Land Use Department; or any person, firm, or corporation owning land or options to purchase land in the County's unincorporated jurisdiction.

   B.   Processing:

      1.   A proposed text amendment shall be filed with the department.

      2.   The department shall schedule a public hearing by the Zoning Board of Appeals, to be held within ninety (90) days of receipt of a complete application. Notification of the public hearing shall be in accordance with subsection 8-14-2-5A of this chapter, fifteen (15) to thirty (30) days before the date of the public hearing before the Zoning Board of Appeals.

   C.   Department Review: The department shall review the recommended text amendment(s) and provide a written analysis to the Land Use Committee, and Zoning Board of Appeals.

   D.   Zoning Board Of Appeals: The Zoning Board of Appeals shall meet to discuss the proposed text amendment(s) at its regularly scheduled meeting. It shall then provide a written recommendation, which shall be forwarded to the Land Use Committee by the Director. (Ord. 2018-012, 6-12-2018)

   E.   Planning And Zoning Committee: The Planning and Zoning Committee shall review the proposed text amendment(s) and recommend to the County Board that it/they be placed on file in its records.

   F.   County Board: The County Board shall place the amendment(s) on file.

   G.   Public Hearing:

      1.   The Zoning Board of Appeals shall conduct a public hearing on the proposed amendment(s) in accordance with section 8-14-2-6, "Public Hearings", of this chapter.

      2.   After closure of the public hearing, the Director shall submit to the Planning and Zoning Committee a report of the Zoning Board of Appeals' findings and recommendations.

   H.   Planning And Zoning Committee: The Planning and Zoning Committee shall meet to review the amendment(s) and recommendation of the Zoning Board of Appeals and issue a recommendation to the full County Board. The committee may issue a recommendation of approval or denial to the full County Board or may refer it back to the Zoning Board of Appeals for further consideration. (Ord. 10-001, 1-12-2010)

   I.   County Board Action:

      1.   Approval Or Denial: The County Board, upon recommendation by the Land Use Committee and without further public hearing, shall approve or deny the proposed text amendment(s) in accordance with applicable Illinois Statutes.

      2.   Township Protest: If any township located within the County has a Planning Commission and the Planning Commission objects to a text amendment, then the township Board of Trustees may submit its written objections to the County Board. The protest must be submitted within thirty (30) days after the Zoning Board of Appeals' advertised public hearing. If a protest is filed, the County Board may not adopt the amendment except by the favorable vote of at least three-fourths (3/4) of all members of the County Board.

      3.   Municipality Protest: In cases where a proposed text amendment would affect the regulation of land that lies within 1.5 miles of the limits of a zoned municipality, the elected body of that municipality may issue a written protest. If a protest is filed, the County Board may not adopt the amendment except by the favorable vote of at least three-fourths (3/4) of all members of the County Board. (Ord. 2018-012, 6-12-2018)

As a County that has stated its intent to remain rural, there is little need for zoning map amendments. Development of suburban or urban residential uses should occur mainly within incorporated municipalities, where urban services can be provided. The Commercial General (CG) and Industrial (I) Districts primarily serve to ensure that existing nonresidential development in the unincorporated areas remain conforming. Thus, because the County does not provide public water and sewer, rezonings to this category will be rare. The Commercial Interchange (CI) District is intended to provide for commercial uses at interchanges that are outside of current municipal service areas; this district will seldom require expansion. The Agricultural Residential (AR) and Planned Residential (PR) Districts recognize that there may be circumstances where residential development in the unincorporated area may be acceptable if it fulfills specific County needs. Following are the procedures for a zoning map amendment:

   A.   Initiation Of Amendment: Map amendments may be proposed by the County Board; Land Use Committee; Zoning Board of Appeals; Land Use Department; or any person, firm, or corporation owning land or options to purchase land in the County's unincorporated jurisdiction.

   B.   Processing:

      1.   A proposed map amendment shall be filed with the Land Use Department.

      2.   The department shall schedule a public hearing by the Zoning Board of Appeals. Notification of the public hearing shall be in accordance with subsection 8-14-2-5A of this chapter, fifteen (15) to thirty (30) days before the date of the public hearing before the Zoning Board of Appeals.

   C.   Department Review: The department shall review the recommended map amendment(s) and provide a written analysis to the Land Use Committee, and Zoning Board of Appeals. A contributing factor in the analysis is the land evaluation site assessment (LESA) score, which assesses the lands that are most suitable for agriculture preservation. Higher scoring lands are recommended to remain as agricultural zoned areas.

   D.   Land Use Committee: The Land Use Committee shall review the proposed map amendment(s) and recommend to the County Board that it (they) be placed on file in its records.

   E.   County Board: The County Board shall place the map amendment(s) on file.

   F.   Public Hearing:

      1.   The applicant shall publish notification of the public hearing. The applicant shall provide direct mail notification to property owners and abutting property owners. Both actions shall be in accordance with subsections 8-14-2-5A and B of this chapter, fifteen (15) to thirty (30) days before the date of the public hearing before the Zoning Board of Appeals.

      2.   The Zoning Board of Appeals shall conduct a public hearing on the proposed amendment(s) in accordance with section 8-14-2-6, "Public Hearings", of this chapter.

      3.   After closure of the public hearing, the Director shall submit to the Land Use Committee a report of the Zoning Board of Appeals' findings and recommendations.

   G.   Land Use Committee: The Land Use Committee shall meet to review the map amendment(s) and recommendation of the Zoning Board of Appeals and issue a recommendation to the full County Board. The committee may issue a recommendation of approval or denial to the full County Board or may refer it back to the Zoning Board of Appeals for further consideration.

   H.   County Board Action:

      1.   Approval Or Denial: The County Board, upon recommendation by the Land Use Committee and without further public hearing, shall approve or deny the proposed map amendment(s) in accordance with applicable Illinois Statutes.

      2.   Property Owner(s): The owner(s) of at least twenty percent (20%) of the land to be rezoned may submit its written objection(s) to the County Board. The protest must be submitted within thirty (30) days after the Zoning Board of Appeals' advertised public hearing. If a protest is filed, the County Board may not adopt the map amendment(s) except by the favorable vote of at least three-fourths (3/4) of all members of the County Board.

      3.   Abutting Property Owner(s): The owner(s) immediately touching, or immediately across the street, alley, or public right-of-way from at least twenty percent (20%) of the perimeter of the land to be rezoned may submit its written objection(s) to the County Board. The protest must be submitted within thirty (30) days after the Zoning Board of Appeals' advertised public hearing. If a protest is filed, the County Board may not adopt the map amendment(s) except by the favorable vote of at least three- fourths (3/4) of all members of the County Board.

      4.   Township Protest: If any township located within the County has a Planning Commission and the Planning Commission objects to the map amendment, then the township Board of Trustees may submit its written objections to the County Board. The protest must be submitted within thirty (30) days after the Zoning Board of Appeals' advertised public hearing. If a protest is filed, the County Board may not adopt the map amendment(s) except by the favorable vote of at least three-fourths (3/4) of all members of the County Board.

      5.   Zoned Municipalities: In cases where a proposed map amendment would affect the regulation of land that lies within 1.5 miles of the limits of a zoned municipality, the elected body of that municipality may issue a written protest. The protest must be submitted within thirty (30) days after the Zoning Board of Appeals' advertised public hearing. If a protest is filed, the County Board may not adopt the map amendment(s) except by the favorable vote of at least three-fourths (3/4) of all members of the County Board. (Ord. 2018-012, 6-12-2018)

The Agricultural Residential (AR) District is carried over from the previous Grundy County zoning ordinance. As stated in section 8-1-4-2, "Agricultural Residential (AR) District", of this title, this district is provided to allow a limited amount of single- family residential development to take place on large lots in rural areas that are not well suited for agriculture. In order to assure that highly productive farmland is not affected, the following criteria must be established as a condition to rezoning land into this category:

   A.   Agricultural Use: A determination shall be made that the tract of land is not well suited for agricultural use by virtue of one or more of the following factors:

      1.   A substantial portion of the soils on the property is not classified as "prime agricultural soils" by the USDA, Natural Resources Conservation Service (NRCS).

      2.   The agricultural productivity of the property will not yield a reasonable return in comparison to the general level of return of other agricultural properties in the vicinity.

      3.   The topographic characteristics of the property make it unsuitable for agricultural use.

   B.   Nonagricultural Use: It shall be established that the nonagricultural use of the tract of land will not adversely affect agricultural uses in the neighborhood, by virtue of one or more of the following factors:

      1.   Residential dwellings will not be located where existing or future livestock, fertilizer, or grain drying operations may cause an incompatible relationship of uses.

      2.   Residential dwellings shall have direct access from local subdivision streets to a thoroughfare, which will be reasonably safe. Consideration shall be given to road dimensions, quality of surface, visibility, and adequacy of the road to serve a mix of traffic that includes farm vehicles and implements.

      3.   The property is physically separated from adjoining agricultural properties by significant natural or constructed features.

      4.   The property lends itself to sound residential development considering its existing and proposed topography, soil conditions, soil absorption, stormwater runoff provisions, and the availability of necessary services such as fire and police protection, schools, roads, electricity, sewage disposal, or water supply. (Ord. 10-001, 1-12-2010)

Residential sprawl is highly undesirable. The Planned Residential (PR) District is in this title as a floating zone, as no land was zoned planned residential when this title was adopted. All existing residential development was classified as Residential (R); a district that does not permit new rezonings. There are situations where, in the future, it may be in the best interest of the County to permit limited residential development in one of three (3) forms: recreational community, clustered development, and single-family residential subdivision. The provisions of section 8-1-4-3, "Planned Residential (PR) District", of this title, outline the rationale for each of these residential options. A zoning map amendment to the PR District shall be adopted only with the approval of a planned development for the specific development option. This section provides the standards upon which each of the map amendments must be judged.

   A.   All Residential Options: All residential rezoning shall meet the following criteria:

      1.   A special service district shall be created for all the districts to provide for the maintenance of common open space, stormwater systems, water or sewer systems and any recreation facilities.

      2.   The approval of a site development permit pursuant to section 8-14-4, "Site Development Permit", of this chapter.

      3.   The site's LESA score shall comply with the County's adopted land evaluation and site assessment system plan.

   B.   Recreational Community Planned Development: This type of planned development is intended as a recreation community with access to golf, equestrian, or other recreational open space areas being the purpose of the residential community. The following standards shall be met in granting approval of a rezoning to this use:

      1.   The site's topography shall be significantly influenced by river or stream corridors.

      2.   A comprehensive recreational theme for the development to use the required open space to create a community where use or visual access to the recreational areas shall be provided by the site plan. All residents shall have access to the recreational facilities by trails that can be used at any time of the day.

   C.   Conservation Development: The county cannot control annexation or the preservation of agriculture when a municipality makes large annexations. In order to protect the agricultural areas, the county preservation cluster places the farmlands in a conservation easement. When the county determines that allowing a higher density of residential development, in order to create a greenbelt around one of the municipalities, it may determine that approving a conservation easement is in its best interest. The following criteria shall be met in granting a map amendment to the planned residential (PR) district to allow higher density conservation developments:

      1.   The site is outside the existing sewer service area and/or facility planning area of any municipality.

      2.   The site is not between two (2) or more municipalities, whose sewer service areas are less than two (2) miles apart.

      3.   Land further away from the urban service boundary is currently in agricultural use.

      4.   The agricultural open space creates a barrier to further expansion of development into agricultural areas. (Ord. 10-001, 1-12-2010)

Within areas of the county where there are existing residential (R) zoning districts, map amendments changing the zoning district to R may be acquired. However, the density and character of that rezoned area shall match the existing residential area such that the land use may be preserved within that area.

   A.   Comprehensive Plan: The area shown shall be indicated for residential use in the Grundy County comprehensive plan; and

   B.   Character: The character of the zoning district should be predominantly a single-family use.

   C.   Contiguity: The property being considered for an R zoning shall be contiguous to existing residentially zoned parcels that are similar in density and character. (Ord. 10-001, 1-12-2010)

No new commercial general (CG) district map amendments may be considered unless the area proposed is designated for future commercial use in the Grundy County comprehensive plan. (Ord. 10-001, 1-12-2010; amd. Ord. 2021-016, 6-8-2021)

Property that is adjacent to I-80 and I-55 interchanges (or future interchanges within the unincorporated areas of Grundy County) would be available for commercial development under this zoning district. As the intended uses would be those that motorists would use, some possible land uses would include, but would not be limited to, fueling stations, food establishments, and short term lodging.

   A.   Comprehensive Plan: The areas proposed for commercial interchange are those areas designated on the comprehensive plan may for commercial use that are also adjacent to the current and future interchanges within the unincorporated areas of Grundy County.

   B.   Character And Landscaping: The character of the site should be dominated by parking and allowances for the motorists. Landscaping should be used that will soften the impact of the development while enhancing the structures intended for the site.

   C.   Infrastructure: The facilities for these uses shall be on site or shared facilities. (Ord. 10-001, 1-12-2010)

There are two (2) industrial areas associated with the county's nuclear power plants and along the Route 6 corridor. In general, new industry shall be encouraged to annex into the cities where sewer, water, and firefighting services suitable for these uses can be provided. Any rezoning to the industrial (I) district shall meet the following conditions:

   A.   Comprehensive Plan: The area shown shall be indicated for industry in the Grundy County comprehensive plan; and

   B.   Contiguity: The property shall either be contiguous to other industrially zoned land in the county or cities; or

      1.   Be within five hundred feet (500') of industrially zoned land; or

      2.   Be within one thousand feet (1,000') of industrially zoned land in two (2) directions and not separated by the Illinois River. (Ord. 10-001, 1-12-2010)

At the request of the applicant, the zoning officer may conduct an informal review of a concept plan that is provided by the applicant.

   A.   Preapplication Conference: Submittal of a concept plan shall take the place of the preapplication conference specified in section 8-14-2-1, "Preapplication Conference", of this chapter.

   B.   Review Of Plan: The department may designate the subdivision review committee to review the concept plan.

   C.   Contents: The applicant shall submit all items stipulated in section 8-6-2-1, "General Requirements", of this title, at least twenty (20) days before the concept plan meeting.

   D.   Outcome Of Review: A written summary of the concept plan review shall be provided within fourteen (14) days of the concept plan review meeting, provided the applicant has paid the required fee. Neither the applicant nor the county shall be bound by the outcome of the concept plan review. (Ord. 10-001, 1-12-2010)

   A.   Submission: Any applicant requesting approval of a proposed minor subdivision shall submit fifteen (15) copies of the items specified in section 8-6-2-1, "General Requirements", of this title, to the department. Applications for minor subdivisions shall include a combined preliminary and final plat submittal.

   B.   Determination Of Completeness: The land use department shall declare the application complete or incomplete within seven (7) days of its receipt. An incomplete submission shall be immediately returned to the applicant with a list of missing items requiring completion before a submittal can be determined to be complete.

   C.   Review And Approval Of Preliminary And Final Plat:

      1.   Development Review Committee: The development review committee shall review the combined preliminary and final plat submittal of the proposed minor subdivision and make a recommendation to the planning and zoning committee. Other reviewers, such as the health department and the county's review engineer, shall participate in the review, as needed.

      2.   Planning And Zoning Committee: The county board may schedule a meeting of its planning and zoning committee to review the application and provide its own recommendation on the application to the full county board.

      3.   County Board: Upon receiving the recommendation of the planning and zoning committee, the full county board shall act on the minor subdivision at its next regular meeting. The county board shall approve or reject the combined preliminary and final plat submittal of the proposed minor subdivision. (Ord. 10-001, 1-12-2010)

   A.   Concept Plan Or Preapplication Conference: Submittal of a concept plan or participation in a preapplication conference, as specified in section 8-14-2-1, "Preapplication Conference", of this chapter, is mandatory.

   B.   Preliminary Plat:

      1.   Submission: Any applicant seeking approval of a preliminary plat shall submit to the department fifteen (15) copies of the materials specified in section 8-6-2-1, "General Requirements", of this title. The application shall be declared complete or incomplete by the Land Use Department, and copies shall be forwarded to members of the Subdivision Review Committee and other County and external review agencies as deemed appropriate.

      2.   Review And Recommendations:

         a.   Land Use Department: The Land Use Department shall review the application and shall comment and make recommendations to the Zoning Board of Appeals.

         b.   Zoning Board Of Appeals: The Zoning Board of Appeals shall review the application and shall recommend approval or denial of the preliminary plat.

         c.   Land Use Committee: The Land Use Committee shall review the application and recommendation from the Zoning Board of Appeals and provide recommendations on the application for consideration by the full County Board.

      3.   County Board Action: The County Board shall review and accept or reject the preliminary plat of a major subdivision. After receiving the department's recommendation, the County Board shall act on the subdivision following a recommendation made on the preliminary plat by the Land Use Committee.

      4.   Effect Of Approval: Preliminary approval of a major subdivision shall confer upon the applicant the following rights for a one year period from the date of approval of the preliminary plat by the County Board.

         a.   Terms: The general terms and conditions upon which preliminary approval was granted shall not be changed.

         b.   Phased Development: The applicant may submit an application for final plat approval for the entire subdivision or for any section or sections of the preliminary subdivision plat. The application must be submitted before the expiration date of the preliminary plat.

         c.   Extension Of Time: The applicant may apply for an extension of the time limit identified in this subsection for additional periods of up to one year, but no more than one such extension shall be granted.

         d.   Expiration: If, by the end of the one year period, the applicant has failed to submit at least twenty five percent (25%) of the lots in the proposed subdivision for final plat approval, the approval of the preliminary plat shall be rescinded.

   C.   Final Plat:

      1.   Submission: Any applicant seeking approval of a final plat shall submit to the Director fifteen (15) copies of the materials specified in section 8-6-2-1, "General Requirements", of this title. The application shall be declared complete or incomplete by the Land Use Department, and copies shall be forwarded to members of the Development Review Committee.

      2.   Deviations From The Approved Preliminary Plat: Any significant deviations between the approved preliminary plat and the final plat submittal, as determined by the Development Review Committee, will void the prior preliminary plat and require an amendment to the preliminary plat.

      3.   Review And Recommendations: Review of the final plat shall be based solely on its conformity with the proposed layout, facilities, and improvements specified in the approved preliminary plat and with the documentation requirements specified in subsection B1 of this section.

         a.   Land Use Department: The department shall review the application and shall comment and make recommendations to the Zoning Board of Appeals and the Land Use Committee.

         b.   Zoning Board Of Appeals: The Zoning Board of Appeals and Land Use Committee shall review the application and shall recommend approval or denial of the final plat.

         c.   Land Use Committee: The Land Use Committee shall review the application and recommendation from the Zoning Board of Appeals and provide recommendations on the application for consideration by the full County Board.

      4.   County Board Action: The County Board shall accept or reject the application for final plat approval after receiving the recommendation from the Land Use Committee. (Ord. 2018-012, 6-12-2018)

Following approval of the final plat by the County Board of a minor or major subdivision, the following certificates, signed by proper authority, shall be affixed to or referenced electronically from the plat document. The form of each certificate and identity of the proper authority is explained in section 8-17-2 of this title.

TABLE 8-14-10-4
REQUIRED CERTIFICATES

 

Note:

    1.    If applicable.

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

Approval of the preliminary and final plats of a subdivision shall expire ninety (90) days from the date of County Board approval, unless within such a period, a plat in conformity with such approved subdivision is filed with the County Recorder. The Plat Officer may, for good cause, extend the period for recording not to exceed one hundred eighty (180) days from the approval of the plat by the County Board. (Ord. 10-001, 1-12-2010)

All questions of interpretation and enforcement related to zoning or subdivision approvals shall be first presented to the department, and then such questions may be presented to the Zoning Board of Appeals only on appeal from the decision of the department, in accordance with the provisions of section 8-14-12, "Appeals", of this chapter.

   A.   Official Record: The department shall maintain a record of all interpretations rendered pursuant to this section. This record shall be available for public inspection through the department, upon reasonable request, during normal business hours.

   B.   Unlisted Uses:

      1.   General: Determining the classification of a use that is not explicitly addressed by this title is an administrative interpretation.

      2.   Standards For Decision: The department shall place uses that are not listed in chapter 2, "Permitted Uses", of this title, or defined in chapter 16, "Definitions", of this title, into the most functionally similar category. For nonresidential uses, a recognized land use classification system (such as the North American Industrial Classification System, NAICS) may serve as a guideline for determining related land uses. In determining an appropriate listed use, the interpretation shall seek similar characteristics, including the use's intensity and its likely adverse impacts. Where a choice remains after reviewing for adverse impacts, the use should be classified with the similar use that has the most adverse impacts.

   C.   Meaning Or Application Of Standards: When evaluating a provision of this title as to its meaning or application, the provisions of this section shall be applied. Interpretations of the meaning or application shall not lessen protection, but may provide greater flexibility in meeting this title's objectives. Determining the provision's public health, safety, and welfare purposes should guide the decision.

   D.   Adverse Consequences Of An Interpretation: Adverse consequences of an interpretation must be determined. If there are adverse consequences to neighbors, the environment, infrastructure, quality of life, or an unintended consequence, the interpretation should be denied. If there are no consequences or the consequences are positive, the interpretation should be approved. (Ord. 10-001, 1-12-2010)

Any person who disagrees with the decision of the Zoning Officer pertaining to this title may appeal to the Zoning Board of Appeals. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the decision, as in its opinion ought to be made on the premises. To this end, the Zoning Board of Appeals shall have all the powers of the Zoning Officer.

   A.   Application: An appeal shall be taken within twenty (20) days of the decision, as provided by the rules of the Zoning Board of Appeals, by filing with the Zoning Officer a notice of appeal specifying the grounds for appeal.

   B.   Processing:

      1.   The Zoning Officer shall promptly forward a copy of the appeal to the Zoning Board of Appeals.

      2.   The Zoning Officer shall schedule a public hearing by the Zoning Board of Appeals, to be held within ninety (90) days of receipt of the application.

   C.   Public Hearing: The Zoning Board of Appeals shall conduct a public hearing on the appeal in accordance with section 8-14-2-6, "Public Hearings", of this chapter.

   D.   Decision Of The Zoning Board Of Appeals: After closure of the public hearing, the Zoning Board of Appeals shall approve or deny the appeal by a concurring vote of three (3) or more of its members.

   E.   Effect Of Appeal: An appeal stops all proceedings and enforcement activities. However, the Zoning Officer may certify to the Zoning Board of Appeals (or court of record, as appropriate) that nonenforcement would cause imminent peril to life or property. In such case, the Zoning Board of Appeals (or court of record) may refuse to stop the enforcement proceedings.

   F.   Decision: The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination involved in the appeal. (Ord. 10-001, 1-12-2010)