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Jo Daviess County Unincorporated
City Zoning Code

CHAPTER 2

ORGANIZATION, ADMINISTRATION AND ENFORCEMENT

8-2A-1: ADMINISTRATION:

The administration of this title is hereby vested in the following:
   A.   Zoning administrator.
   B.   Zoning board of appeals. (Ord. 2009-3, 5-12-2009)

8-2A-2: AUTHORITY OF THE ZONING ADMINISTRATOR:

The zoning administrator is hereby designated pursuant to 55 Illinois Compiled Statutes 5/5-12008, as from time to time amended, to enforce this title, and in furtherance of such authority shall receive and review applications for permits to erect buildings or structures, or to alter or remodel existing buildings or structures, and shall have the power to make orders, requirements, decisions and determinations with respect to the enforcement of the terms of this title and to:
   A.   Administer all procedures concerning permits when such permits are required by this title, and in connection therewith shall:
      1.   Review all applications for construction permits required herein; issue such permits for application conforming with the regulations of this title; and make such periodic inspections during construction as may be necessary to ensure compliance with this title;
      2.   Upon completion of construction, or upon application for an occupancy permit for a change of use, inspect the premises and issue an occupancy permit if such construction or change of use complies with the regulations of this title;
      3.   Review applications for temporary occupancy permits and issue such temporary occupancy permits for applications conforming to the regulations of this title;
      4.   Maintain records of all applications and permits;
   B.   Make such investigations, decisions and determinations of requirements, and issue such violation notices and compliance orders as are necessary to enforce this title, and keep records of such notices and orders;
   C.   Decide or make recommendations on all other matters under this title upon which the zoning administrator is required to act;
   D.   Receive petitions for variations, amendments, and special use permits that are to be referred to the zoning board of appeals or other appropriate reviewing body;
   E.   Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, special uses, variations, appeals and applications therefor; and revise the zoning district map to show all amendments thereto;
   F.   Maintain and provide public information relative to all matters arising out of this title; and
   G.   Collect fees as authorized by the county board. (Ord. 2009-3, 5-12-2009)

8-2A-3: ZONING BOARD OF APPEALS:

   A.   Creation: The zoning board of appeals of Jo Daviess County ("zoning board") is hereby created in accordance with Illinois law, including 55 Illinois Compiled Statutes 5/5-12010.
   B.   Membership And Term Of Office:
      1.   Appointment Of Zoning Board: The chairperson of the county board, with advice and consent of the county board shall appoint a zoning board of appeals consisting of five (5) members. One of the members so appointed shall be named as chair at the time of his/her appointment, and in case of vacancy the chairperson of the county board shall designate a chairperson.
      2.   Additional Members: The chairperson of the county board, with the advice and consent of the county board may appoint two (2) additional members to the zoning board.
      3.   Terms Of Membership On Zoning Board: The zoning board shall consist of five (5) members to serve, respectively, for the following initial terms:
         a.   One member for one year;
         b.   One member for two (2) years;
         c.   One member for three (3) years;
         d.   One member for four (4) years; and
         e.   One member for five (5) years.
Thereafter, each member of the zoning board shall serve for a term of five (5) years. The additional members so appointed shall serve a term of five (5) years. At the end of the term of the two (2) additional members, the county board may provide for the appointment of successors in the same manner or may allow the board of appeals to revert to a membership of five (5).
      4.   Residency Of Members Of Zoning Board: All members of the zoning board shall be residents of separate townships at the time of their appointment.
      5.   Alternate Members Of The Zoning Board: The chairperson of the county board may appoint two (2) persons to the zoning board, subject to confirmation by majority vote of the members of the county board, who shall serve as alternates for the other members of the board. Such alternates shall serve respectively, for the following initial terms:
         a.   One alternate for four (4) years;
         b.   One alternate for five (5) years.
Thereafter each alternate member of the zoning board shall serve a term of five (5) years. Alternate members of the zoning board may reside in any township, provided that they do not reside in the same township as any other member at the time of their appointment.
Alternate members, if appointed, shall serve as members of the board only in the absence of regular members, with the alternate member who has the greatest amount of time remaining in his or her term to have priority over the other alternate members in determining which alternate member shall serve in the absence of a regular member.
      6.   Removal: The county board chairperson shall have the power to remove any member of the zoning board for cause, after a public hearing.
      7.   Vacancies On Zoning Board: Vacancies shall be filled by the chairperson of the county board for the unexpired term of any member whose place has become vacant.
   C.   Jurisdiction And Authority: The zoning board is hereby vested with the following jurisdiction and authority:
      1.   Appeals Of An Administrative Decision Interpreting/Enforcing The Ordinance: Hear and decide appeals from and review any order, requirement, decision or determination made by the zoning administrator.
      2.   Variation: To hear and decide, after public hearing, variations from strict application of this title, in accordance with Illinois law, including 55 Illinois Compiled Statutes 5/5-12010. On a particular appeal for a variation from strict application of this title, the zoning board shall determine whether the requested variation would be in harmony with the general purpose and intent of the ordinance, and whether there are practical difficulties or particular hardships in the way of carrying out the strict letter of any such regulations relating to the use, construction or alteration of buildings or structures or the use of land.
      3.   Special Use Permits: To hear applications for special use permits in the manner set forth and under the standards established in article D of this chapter, and, after public hearing, report its finding(s) and make its recommendation(s) to the county board. The county board may accept or reject, in whole or in part, the finding(s) and/or recommendation(s) of the zoning board on such applications for special use permit(s), and may refer any such application back to the zoning board for further hearing(s), finding(s), and/or recommendation(s).
      4.   Amendments: To hear applications for amendment(s) to this title, in the manner set forth and under the standards established in article E of this chapter, and, after the public hearing, report its finding(s) and make its recommendation(s) to the county board. The county board may accept or reject, in whole or in part, the finding(s) and/or recommendation(s) of the zoning board on such applications for amendment(s), and may refer any such application back to the zoning board for further hearing(s), finding(s), and/or recommendation(s).
   D.   Meetings And Rules:
      1.   Time And Place: All meetings of the zoning board shall be held at the call of the chairperson and at such times and places within the county as the zoning board may determine.
      2.   Open To The Public: All meetings of the zoning board shall be open to the public.
      3.   Minutes: The zoning board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
      4.   Public Record: Every rule, regulation, every amendment or repeal thereof, and order, requirement, decision or determination of the zoning board shall immediately be filed in the office of the board and shall be a public record.
      5.   Oaths; Witnesses: The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses.
      6.   Notice: Where a public hearing before the zoning board is required by this title, unless otherwise specified to the contrary elsewhere in this title, notice of each hearing shall be published at least fifteen (15) days in advance thereof in a newspaper of general circulation published in the township or road district in which such property is located. If no newspaper is published in such township or road district, then such notice shall be published in a newspaper of general circulation published in the county and having jurisdiction where such property is located.
      7.   Expenses: In the performance of its duties, the zoning board may incur such expenses as are authorized by the county board.
      8.   Compensation Of The Zoning Board: The members of the zoning board shall be compensated on a per diem basis with a mileage allowance for travel, the amounts to be determined by the county board.
      9.   Decisions Of The Zoning Board: The concurring vote of three (3) members of a board consisting of five (5) members, or the concurring vote of four (4) members of a board consisting of seven (7) members is necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or resolution, or to effect any variation in such ordinance or resolution to the county board. (Ord. 2009-3, 5-12-2009)

8-2A-4: ACTIONS SUBJECT TO ADMINISTRATIVE REVIEW:

All final administrative decisions of the zoning board hereunder shall be subject to judicial review pursuant to the provisions of the administrative review law 1 and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in section 3-101 of the code of civil procedure. (Ord. 2009-3, 5-12-2009)

8-2A-5: ACTIONS SUBJECT TO DE NOVO REVIEW:

Any decision by the county board in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. (Ord. 2009-3, 5-12-2009)

8-2A-6: TIME FOR SEEKING REVIEW:

Any action seeking the judicial review of such a decision shall be commenced not later than ninety (90) days after the date of the decision 1 . (Ord. 2009-3, 5-12-2009)

8-2A-7: DUE PROCESS REQUIREMENT:

The principles of substantive and procedural due process apply at all stages of the decision making and review of all zoning decisions. (Ord. 2009-3, 5-12-2009)

8-2B-1: PERSONS WHO MAY APPEAL:

An appeal may be taken to the zoning board of appeals by any person aggrieved or by an officer, department, board or bureau of Jo Daviess County affected by any order, requirement, decision, or determination of the zoning administrator relative to the interpretation of this title. (Ord. 2009-3, 5-12-2009)

8-2B-2: REQUESTS FOR CONSIDERATION:

Prior to taking of an appeal, the aggrieved person may file, within thirty (30) days of the decision, a request for reconsideration with the office of the zoning administrator. The request for reconsideration shall specify the grounds for the request. Upon receipt of the request for reconsideration, the zoning administrator shall, within thirty (30) days, prepare a written answer to the aggrieved person's request. Such answer shall include findings of fact, conclusions, and a final decision. This document shall be signed by the zoning administrator and thereafter forwarded to the aggrieved person. (Ord. 2009-3, 5-12-2009)

8-2B-3: TIME FOR TAKING APPEALS OF ZONING ADMINISTRATOR'S DECISIONS:

An appeal from a decision of the zoning administrator shall be taken within ninety (90) days of receipt of the final decision of the zoning administrator, unless, some other time is fixed by the zoning board of appeals pursuant to 55 Illinois Compiled Statutes 5/5-12011. (Ord. 2009-3, 5-12-2009)

8-2B-4: PROCEDURE FOR APPEALS:

   A.   An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning board, after the notice of appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in the zoning administrator's opinion, cause an eminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board or by a court on application, on notice to the zoning administrator and on due cause shown.
   B.   The zoning board shall fix a reasonable time for the hearing of the appeal. (Ord. 2009-3, 5-12-2009)

8-2B-5: DECISION OF APPEALS:

The zoning board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the zoning administrator. (Ord. 2009-3, 5-12-2009)

8-2B-6: FINALITY OF ZONING DECISIONS OF THE ZONING BOARD FOR ADMINISTRATIVE APPEALS:

All final administrative decisions of the zoning board hereunder shall be subject to judicial review pursuant to the provisions of the administrative review law 1 and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in section 3-101 of the code of civil procedure 2 . (Ord. 2009-3, 5-12-2009)

8-2B-7: RECORDS OF APPEALS:

The zoning administrator shall maintain complete records of all actions of the zoning board with respect to appeals, and shall keep the county board informed on the current basis of the disposition of each case. (Ord. 2009-3, 5-12-2009)

8-2B-8: TIME FOR TAKING APPEALS:

Appeals from final zoning decisions of the county board must be filed within ninety (90) days unless a shorter filing period is required by another law. (Ord. 2009-3, 5-12-2009)

8-2C-1: ADMINISTRATIVE VARIATION AS TO LOCATION OR BULK OF STRUCTURES:

If an application is made for a variation of ten percent (10%) or less of the regulations of this title governing the location of structures or as to the bulk requirements under this title, such variation may be granted by the zoning administrator without a public hearing, provided that, before such variation is granted, a notice of intent to grant such is sent by certified mail to all adjoining landowners, and no adjoining landowner files a written objection with the zoning administrator within fifteen (15) days of receipt of such notice of intent. If within fifteen (15) days after receiving such notice of intent, an adjoining landowner files a written objection to such variation with the zoning administrator, then the requested variation shall be heard and decided, after a public hearing, by the zoning board in accordance with this article. (Ord. 2009-3, 5-12-2009)

8-2C-2: PROCEDURE FOR VARIATIONS:

   A.   Process: All variations, except for administrative variations as described herein, shall be made only by ordinance, resolution or otherwise in a specific case and after a public hearing before the zoning board.
      1.   Applications For Variations: An application for a variation shall be filed with the zoning administrator in such form and accompanied by such information as may be required by the zoning administrator.
      2.   Public Hearing: The zoning administrator shall deliver the application to the zoning board who shall hold a public hearing on each application for a variation at such time and place as shall be established by the zoning board.
      3.   Standards For Variations: The zoning board of appeals shall make findings of fact based upon the evidence presented to it specifying the reason for making such variation including findings with respect to the following standards:
         a.   The physical surroundings' shape or topographical conditions of the specific property will cause practical difficulties or a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
         b.   The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property within the same zoning classification.
         c.   The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
         d.   The alleged difficulty or hardship is caused by this title and has not been created by persons presently having an interest in the property.
         e.   The granting of the variation will not alter the essential character of the locality, and 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 variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public street, or increase the danger of fire or flooding, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
         g.   The variation requested is the minimum variation that will make possible the reasonable use of the land or structure.
   B.   Notice Published: There shall be at least fifteen (15) days' notice of the date, time, and place of such public hearing published in a newspaper of general circulation published in the township or road district in which the subject property is located. If no newspaper is published in such township or road district, then such notice shall be published in a newspaper of general circulation published in Jo Daviess County having circulation where such property is located. Costs or charges for publication of such notice shall be paid by the petitioner or applicant.
   C.   Notice To Contain Certain Information: The notice of public hearing for a variation shall contain:
      1.   The particular location of the real estate for which the variation is requested by legal description and street address, and if no street address then by locating such real estate with reference to any well known landmark, highway, road, thoroughfare or intersection;
      2.   Whether or not the petitioner or applicant is acting for himself or in the capacity of agent, alter ego, or representative of a principal, and stating the name and address of the actual and true principal;
      3.   Whether petitioner or applicant is a corporation, and if a corporation, the correct names and addresses of all officers and directors, and of all stockholders or shareholders owning any interest in excess of twenty percent (20%) of all outstanding stock of such corporation;
      4.   Whether the petitioner or applicant, or his principal if other than the applicant, is a business or entity doing business under an assumed name, and if so, the name and residence of all true and actual owners of such business or entity;
      5.   Whether the petitioner for application is a partnership, joint venture, syndicate or an unincorporated voluntary association, and if so, the names and addresses of all partners, joint ventures, syndicate members or members of the unincorporated voluntary association; and
      6.   A brief statement of what the proposed variation consists.
   D.   Conditions And Restrictions On Neighborhood Property: The zoning board may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set out in this title to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this title.
   E.   Finality Of Zoning Decisions Of The Zoning Board For Variations: The decision and findings of the zoning board on an application for variation, after a public hearing, shall, except as provided in subsection F of this section, be final.
   F.   Objection Of Townships In Certain Cases: If a township located within the county has a plan commission, and the plan commission objects to a zoning variation which affects unincorporated areas of the township, the township board of trustees within fifteen (15) days after the public hearing before the board of appeals on such zoning variation, may submit its written objections to the county board of the county where the unincorporated areas of the township are located. In such case, the county board shall not approve the zoning variation, except by the favorable vote of three-fourths (3/4) of all members of the county board. (Ord. 2009-3, 5-12-2009)

8-2C-3: AUTHORIZED VARIATIONS:

   A.   Variations from the regulations of this title may be granted only in the following instances, and in no others, except as otherwise provided herein:
      1.   To permit setback or yard less than the setback or yard required by this title;
      2.   To permit any building or structure to exceed the height limitations imposed by this title;
      3.   To permit the use of a lot for a use otherwise prohibited solely because of insufficient area of the lot;
      4.   To permit variations in the required off street parking imposed by this title;
      5.   To permit variations in the required lighting regulations imposed by this title;
      6.   To permit variations in the required supplemental regulations as imposed by this title;
      7.   Exceptionally unique circumstances, as determined by the planning and zoning board upon the recommendation of the zoning administrator, that would involve instances other than or more extreme than allowed above, may be considered as a variation from the regulations of this title. (Ord. 2012-3, 2-14-2012)

8-2D-1: DEFINITION:

Special uses may include, but are not limited to, public and quasi-public uses affecting the public interest; uses that have a unique, special, or unusual impact upon the use or enjoyment of neighboring property; and uses that affect planned development. A use may be permitted in one or more zoning districts and may be a special use in one or more other zoning districts. (Ord. 2009-3, 5-12-2009)

8-2D-2: NOTICE:

A special use may be granted only after a public hearing conducted by the board of appeals. There must be at least fifteen (15) days' notice before the hearing. The notice must include the time, place, and date of the hearing and must be published in a newspaper published in the township or road district where the property is located. If there is no newspaper published in the township or road district where the property is located, the notice must be published in a newspaper of general circulation in the county. The petitioner or applicant must pay the cost of the publication of the notice required by this section. The notice must also contain:
   A.   The particular location of the property for which the special use is requested by legal description and by street address, or if there is no street address, by locating the property with reference to any well known landmark, highway, road, thoroughfare, or intersection;
   B.   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;
   C.   Whether the petitioner or applicant is a corporation, and if so, 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;
   D.   Whether the petitioner or applicant, or his or her principal, is a business or entity doing business under an assumed name, and if so, the name and residence of all actual owners of the business or entity;
   E.   Whether the petitioner or applicant, or his or her principal, is a partnership, joint venture, syndicate, or an unincorporated voluntary association, and if so, the names and addresses of all partners or members of the partnership, joint venture, syndicate, or unincorporated voluntary association; and
   F.   A brief statement of the proposed special use. (Ord. 2009-3, 5-12-2009)

8-2D-3: ADDITIONAL NOTICE:

In addition to any other notice required by this article, the board of appeals must give at least fifteen (15) days' notice before the hearing to:
   A.   Any municipality whose boundaries are within one and one-half (11/2) miles of any part of the property proposed as a special use; and
   B.   The owner or owners of any land adjacent to or immediately across any street, alley or public right of way from the property proposed as a special use. (Ord. 2009-3, 5-12-2009)

8-2D-4: NECESSITY TO MEET STANDARDS:

A special use may be granted only upon evidence that the special use meets the standards established for that classification in the ordinance. The special use may be subject to conditions reasonably necessary to meet those standards. In addition to any standards or conditions that may be applicable to a specific special use, the following general standards shall apply to all special uses:
   A.   The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, or general welfare.
   B.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair values within the neighborhood.
   C.   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
   D.   Adequate utilities, access roads, drainage, and/or other necessary facilities have been or are being provided.
   E.   Adequate measures have been or will be taken to provide ingress and egress designated to minimize traffic congestion in public streets. (Ord. 2009-3, 5-12-2009)

8-2D-5: ADDITIONAL COMPLIANCE:

The special use shall in all other respects conform to the applicable regulations of the district in which it is located. In addition, the special use shall meet any applicable standards set forth in this title which specify additional standards to that specific special use as defined in this title. (Ord. 2009-3, 5-12-2009)

8-2D-6: ACTION BY THE ZONING BOARD OF APPEALS AND COUNTY BOARD:

The board of appeals shall report to the county board a finding of fact and a recommendation as to whether the county board should deny, grant, or grant subject to conditions the special use. The county board may, by ordinance and without a further public hearing, adopt any proposed special use on receiving the report, deny the request for special use, or it may refer the proposal back to the board of appeals for further consideration. (Ord. 2009-3, 5-12-2009)

8-2D-7: DURATION OF THE SPECIAL USE PERMIT:

No ordinance granting a special use permit shall be valid for a period longer than one year from the date of such ordinance unless the erection of a building or structure is started or the use is commenced within such a period, unless such time period is extended through appeal to and approval by the zoning board of appeals. If no appeal is made, or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the one year period. Upon granting of a special use permit, the county board may stipulate a period longer than one year to commence the authorized use considering the nature of said use. (Ord. 2009-3, 5-12-2009)

8-2E-1: TYPES OF AMENDMENTS:

For purposes of this article, the term "text amendment" means an amendment to the text of a zoning ordinance, which affects the whole county, and the term "map amendment" means an amendment to the map of a zoning ordinance, which affects an individual parcel or parcels of land. (Ord. 2009-3, 5-12-2009)

8-2E-2: AUTHORITY TO AMEND; WHO MAY FILE:

   A.   The regulations imposed and the districts created under the authority of this title may be amended from time to time by ordinance or resolution, after the ordinance or resolution establishing same has gone into effect. Amendments may be proposed by the county board, zoning board, any property owner, or a person or organization with a property interest in the subject property.
   B.   An application for an amendment shall be filed with the zoning administrator, who after ascertaining it contains the information required by this title shall forward the application to the zoning board. (Ord. 2009-3, 5-12-2009)

8-2E-3: HEARING REQUIREMENT:

No such amendments shall be made without a hearing before the zoning board. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation published in such county. (Ord. 2009-3, 5-12-2009)

8-2E-4: PLACE OF HEARINGS:

   A.   Hearings on text amendments shall be held in the courthouse of the county or other county building with more adequate facilities for such hearings.
   B.   Hearings on map amendments shall be held in the township or road district affected by the terms of such proposed amendment or in the courthouse, or other county building with more adequate facilities for such hearings, of the county in which the affected township or road district is located. Provided, that if the owner of any property affected by such proposed map amendment so requests in writing, such hearing shall be held in the township or road district affected by the terms of such proposed amendment. (Ord. 2009-3, 5-12-2009)

8-2E-5: ZONING BOARD PROCEDURES:

The zoning board upon receipt of the application from the zoning administrator shall:
   A.   Conduct a hearing as required by this title within a reasonable period of time, and
   B.   Consider the following factors:
      1.   Existing uses and zoning of nearby property;
      2.   Extent to which property values are diminished by particular zoning restrictions;
      3.   Extent to which destruction of value of plaintiff's property promotes the health, safety, morals, or general welfare of the public;
      4.   Relative gain to public compared to hardship imposed upon individual property owner;
      5.   Suitability of subject property for zoned purposes, including, but not limited to, LESA score;
      6.   Length of time the property has been vacant as zoned, considered in context of land development in vicinity;
      7.   Community need for the proposed use; and
      8.   Care with which community has undertaken to plan its land use development.
Although no one factor is determinative as to validity of the appropriateness of an amendment, the primary concern is whether the property in question is proposed to be zoned in conformity with surrounding uses and whether those uses are uniform and established.
   C.   Make a recommendation to the county board based upon its consideration of the factors listed in this section which may include terms and conditions of approval. (Ord. 2009-3, 5-12-2009)

8-2E-6: COUNTY BOARD VOTING REQUIREMENTS TO AMEND:

   A.   Text Amendments: Text amendments may be passed at a county board meeting by a simple majority of the elected county board members, except that in the following circumstances, a vote of three-fourths (3/4) of all of the members of the county board shall be required:
      1.   Written protests against the proposed text amendment are signed by five percent (5%) of the landowners of the county;
      2.   The corporate authorities of the zoned municipality with limits nearest adjacent, file a duly adopted resolution objecting to the amendment with the county. In such cases, 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 shown in the application for the proposed amendment; or
      3.   As to text amendments that affect an unincorporated area of a township located within Jo Daviess County that has a plan commission and the plan commission objects to a text amendment, and the township board of trustees submits its written objections to the county board within thirty (30) days after the hearing before the board of appeals.
   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 the following circumstances, a vote of three- fourths (3/4) of all of the members of the county board shall be required:
      1.   In case of written protest against any proposed map amendment that is either:
         a.   Signed by the owner or owners of at least twenty percent (20%) of the land to be rezoned; or
         b.   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; or
         c.   In cases where the land affected lies within one and one-half (11/2) miles of the limits of a zoned municipality, and that municipality has duly adopted a resolution objecting to the amendment and filed the objection with the county clerk.
      2.   In such cases, 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 shown in the application for the proposed amendment.
   C.   Votes Required With Township Protests: If a township located within Jo Daviess County has a plan commission, and the plan commission objects to a text amendment or a map amendment affecting an unincorporated area of the township, then the township board of trustees may submit its written objections to the county board within thirty (30) days after the hearing before the board of appeals, in which case the county board may not adopt the text amendment or the map amendment affecting an unincorporated area of the township except by the favorable vote of at least three-fourths (3/4) of all the members of the county board.
   D.   Rezoning Error: Notwithstanding any other provision of this article, if a map amendment is proposed solely to correct an error made by the county as a result of a comprehensive rezoning by the county, the map amendments may be passed at a county board meeting by a simple majority of the elected board. (Ord. 2009-3, 5-12-2009)

8-2F-1: ZONING CERTIFICATE:

When a building permit is required by any ordinance of this code the zoning administrator, or his/her authorized assistants or deputies, shall examine the application for such permit and/or certificate, and if such application and supporting documents show that the proposed project is in compliance with the regulations of this title, shall issue a zoning certificate indicating the zoning district wherein the property is located. Where the zoning administrator of Jo Daviess County has issued a zoning certificate for a permitted use or special use, such permit shall become null and void unless work thereon is substantially under way within one year of the date of the issuance of such permit, or within the period of time beyond one year granted by the county board. (Ord. 2009-3, 5-12-2009)

8-2F-2: FEES:

Fees for appeals, variations, map amendments, text amendments, concept plans for planned unit developments, planned developments, special use permits and zoning certificate or any type of request shall be as established by resolution of the county board. (Ord. 2009-3, 5-12-2009)

8-2G-1: VIOLATION AND ENFORCEMENT:

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this title, or other regulation under authority conferred hereby, the proper authorities of the county or of the township in which the building, structure or land is located, or any person the value or use of whose property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceedings in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises. (Ord. 2009-3, 5-12-2009)

8-2G-2: PENALTY:

Any person who violates the terms of this title shall be guilty of a petty offense punishable by a fine not to exceed five hundred dollars ($500.00), with each week the violation remains uncorrected constituting a separate offense. (Ord. 2009-3, 5-12-2009)