The primary administration and enforcement responsibilities of this ordinance are hereby vested in the zoning enforcing officer, the zoning board of appeals and the county board of Kane County, Illinois.

There is hereby created the position of zoning enforcing officer, whose office shall be located in the county government center, and said person to be selected by the county board shall be designated as the zoning enforcing officer. It shall be his duty to administer and enforce the provisions of this ordinance, and to that end he shall have the power to make such orders, requirements, decisions, and determinations as are necessary with respect to applications for permits and the enforcement of this ordinance.

The chairman of the county board of Kane County shall name one of the members of the zoning board as chairman upon his appointment and in case of vacancy shall name the chairman. All meetings of the zoning board shall be held at the call of its chairman or any three (3) members of the zoning board, at such times and places within the county as the zoning board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the zoning board shall be open to the public.

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. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the zoning board shall immediately be filed in the office of the zoning board located in the development and community services department and shall be a public record. In the performance of its duties, the zoning board may incur such expenditures as shall be authorized by the county board of Kane County. The zoning board shall adopt its own rules of procedure not in conflict with the statute or this ordinance.

In addition to the rules specified in sections 25-4-2-1 through 25-4-2-3 of this chapter as well as in the state statutes, the following rules of the Kane County zoning board of appeals, as adopted on May 26, 1938, and amended from time to time, shall apply:

   A.   Acting Chairman: The ranking member of the zoning board shall act as chairman in the absence of the chairman.

   B.   Points Of Order: All points of order, not otherwise covered, shall be decided by the chairman, subject to appeal to the zoning board.

   C.   Zoning Board Of Appeals Records: The director of the development and community services department shall be responsible for the keeping of the minutes of the proceedings of the zoning board and to direct the keeping of its records in the development and community services department. Each case coming before the zoning board shall be numbered consecutively and all records of the zoning board relating thereto shall carry such number and be filed together.

   D.   Publications And Notices: The chairman, or in his absence the acting chairman, shall determine the time and place of each meeting and hearing. Official publications and notices of the zoning board shall be prepared and processed by the director of the development and community services department, in the name of the zoning board.

   E.   Meetings And Hearings: Four (4) members shall be necessary in order to vote on: 1) the granting of a variation, 2) reversing any order, requirement, decision or determination of the enforcing officer, or 3) recommending passage of a proposed amendment. Any two (2) or more members may, upon the stipulation of all parties present at any public hearing, consent to sit for the purpose of hearing and taking evidence for submission to a subsequent hearing of the zoning board at which formal action may be taken.

   F.   Time Limit For Appeal: Notice of intention to appeal from any order, requirement, decision or determination made by the enforcing officer shall be made within thirty (30) days.

   G.   Withdrawals: Any appeal or application may be withdrawn prior to action with the consent of the zoning board, but in no case shall fees received be returned without proper action of the Kane County development committee.

   H.   Rehearings: No rehearing on an appeal or application for a variation or amendment previously denied by the zoning board, or reconsideration of the vote thereon, may again be entertained unless in the judgment of the zoning board new plans or new conditions materially change the aspect of the case or new evidence should be heard. In case of a reversal, the rights of others to appeal to a court shall not be prejudiced. All petitions for a rehearing shall be presented within ten (10) days after decision of the zoning board of appeals.

   I.   Annual Report: A report of the activities of the zoning board as of November 30 shall be made to the county board of Kane County at their December meeting each year.

   J.   Rules Of Order: "Robert's Rules Of Order" shall govern the procedure of the zoning board where they apply and do not conflict with these rules, the zoning ordinance or the statutes.

   K.   Suspension Of Rules: These rules may be suspended only upon the affirmative vote of five (5) members of the zoning board.

   L.   Amendment: These rules may be amended at any meeting by a majority vote of the zoning board, provided the notice of the meeting contains the proposed amendment.

   M.   Investigations: Upon the filing of an application for an amendment or for a variation and the payment of the required fee, the enforcing officer shall immediately make or direct such inspections, studies, photographs and drawings of the existing conditions involved and the effect of the proposed building, structure or use as may be necessary for careful consideration of the proposal by the zoning board, and after each member is encouraged to visit the site before the hearing. (Ord. 78-3, 1-10-1978; Ord. 78-141, 10-10-1978; Ord. 05-304, 9-13-2005; Ord. 12-295, 10-9-2012)

A written permit shall be obtained from the building enforcing officer, located in the county government center, Geneva, Illinois, before starting:

   A.   To establish any new use of property;

   B.   To excavate for or build any foundation;

   C.   To erect, construct, reconstruct, enlarge, alter or move any building or structure;

   D.   To change the use of any building, structure, or land from one classification to another; or

   E.   In the case of nonconforming uses, to change from one use to another;

   F.   To dig or drill any well; and

   G.   To install, add to or repair any sewerage disposal system.

Signs (except as herein provided) and fences which cannot be viewed through, and concrete, stone or masonry walls, shall require permits. Each permit issued for a main building shall also cover any accessory buildings constructed at the same time. Any new use or change in use authorized by permit but not started or made within ninety (90) days shall require a renewal permit.

Applications for the permits shall be filed in written form with the enforcing officer, shall state the legal description of the property as of public record and the name of owner and applicant and shall describe the uses to be established or extended, and shall give the estimated cost and such other information as may be required for the enforcement of this ordinance. Each copy of the application shall be accompanied by a dimensioned drawing of the building plot showing the location of buildings and structures, lot areas to be used, auto parking areas, and other pertinent information. All applications for permits and copies of permits issued shall be systematically kept for ready public reference by the enforcing officer.

No building permit as required by this ordinance shall be issued for a building to be constructed on any lot, piece, parcel or tract of land that does not conform with the provisions of 765 Illinois Compiled Statutes, in force from time to time, and the subdivision regulations and other applicable ordinances in force from time to time in this county, and also the building ordinance of Kane County, Illinois, adopted December 15, 1954, as amended from time to time.

No building or structure, except advertising signs as permitted herein, shall be constructed on land which is unsuitable for such construction by reason of flooding, bad drainage, adverse earth or rock formation or topography, or any other feature likely to be harmful to the health, safety or welfare of the future inhabitants of said land. Where such condition can be corrected or where construction can be designed to overcome such condition, such correction or construction shall be designed by an Illinois licensed professional engineer or architect, qualified for such work, prior to issuance of permit. (Ord. 88-62, 5-10-1988; Ord. 12-268, 10-9-2012)

Whenever in a specific case, after an application for a permit has been made to the zoning enforcing officer, an appeal is made to the zoning board that there are practical difficulties or particular hardship in the way of carrying out the strict letter of any regulations relating to the construction, alteration or location of buildings or structures, the zoning board may determine and vary its application in harmony with the general purpose and intent of such regulations, upon such conditions as may be considered appropriate and in the public interest, and in accordance with the rules herein set forth.

No variation shall be made except after a public hearing before the zoning board of which there shall be at least fifteen (15) days' notice of the time and place of such hearing published in a newspaper of general circulation published in the township where property is located. If no newspaper is published in such township, then such notice shall be published in a newspaper of general circulation published in the county where such property is located. Said notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists. However, the zoning board may consider an appeal for and decline to grant a variation without a duly advertised hearing upon seven (7) days' written notice to petitioner.

No variation shall be made unless the zoning board of appeals finds that there is a practical difficulty or some particular hardship upon the property if the regulations are applied, and shall further find that such variations will not:

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

   B.   Increase the hazard from fire and other dangers to adjacent property;

   C.   Diminish the value of adjacent land and buildings;

   D.   Increase the congestion or traffic hazards in the public streets and highways; and

   E.   Otherwise impair the public health, safety, comfort, morals and general welfare.

The board of appeals shall reach its decision within thirty (30) days from the date of the public hearing on the request for variance. Four (4) of the seven (7) members of the board of appeals must concur in order to grant a variance. If the variance is granted, the action of the zoning board in granting a variation shall contain or be accompanied by a finding of fact specifying the reason for making such variation.

All petitions for variances which seek a variation of ten percent (10%) or less of the requirements of this code regarding the location of structures or bulk requirements shall be reviewed and decided upon by the Kane County zoning enforcement officer without a hearing before the zoning board of appeals. However, before such variation may be granted, a notice of the intent to grant such variation shall be sent by certified mail to all adjoining landowners. If any adjoining landowner files a written objection with the zoning enforcement officer within fifteen (15) days of the receipt of such notice, the variation shall not be considered by the zoning enforcement officer under this subsection, but shall be considered pursuant to section 25-4-4-2 of this chapter. (Res. 91-52, 3-12-1991; Ord. 05-304, 9-13-2005)

Any person aggrieved or any officer, department, board or bureau of the county may appeal to the zoning board to review any order, requirement, decision or determination made by the enforcing officers or to interpret the regulations. Such appeal shall be taken within such time as shall be prescribed by the zoning board by general rule as set forth in section 25-4-2-4 of this chapter, by filing with the enforcing officers from whom the appeal is taken and with the zoning board, a notice of appeal, specifying the grounds thereof. The enforcing officer shall forthwith transmit to the zoning board all the papers constituting the record upon which the action appealed from was taken.

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

The zoning board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney. 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 enforcing officer.

The board of appeals shall reach its decision within thirty (30) days from the date of the public hearing on the appeal. The concurring vote of four (4) members of the zoning board shall be necessary to reverse any order, requirement, decision or determination of the enforcing officer. (Ord. 05-304, 9-13-2005)

All final administrative decisions of the board of appeals are subject to judicial review pursuant to the provisions of the "administrative review act", approved May 8, 1945, and all amendments and modifications thereof and the rules adopted pursuant thereto.

For the purposes of this section, the term "text amendment" means an amendment to the text of this ordinance, which affects the whole county, and the term "map amendment" means an amendment to the zoning map which affects an individual parcel or parcels of land. Amendments may be proposed by the county board, the zoning board of appeals or by any person, firm, corporation, or other legal entity having a freehold interest in the subject property, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest and which is specifically enforceable. Proposed amendments shall be directed to the zoning board of appeals for consideration and report to the county board.

No amendment to this ordinance shall be made without a hearing before the zoning board of appeals. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the county. Hearings on text amendments shall be held in the courthouse or other county building with more adequate facilities for such hearings. Hearings on map amendments shall be held in the township or road district affected by the terms of such proposed amendment or in the courthouse, or other county building with more adequate facilities for such hearings. 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. Within thirty (30) days after the final hearing, the zoning board shall file a report with the county board.

   A.   Text Amendments: Text amendments may be passed at a county board meeting by a simple majority of the elected county board members, unless:

      1.   Written protests against the proposed text amendment are signed by five percent (5%) of the landowners of the county, or

      2.   A written protest by resolution of the corporate authorities of a zoned municipality is filed with the county clerk, or

      3.   In the case of a text amendment affecting an unincorporated area of a township having a plan commission, written objections are submitted by the township board of trustees to the county board within thirty (30) days after the hearing before the zoning board of appeals,

in which case such amendments shall not be passed except by the favorable vote of three-fourths (3/4) of all members of the county board.

   B.   Map Amendments: Map amendments may be passed at a county board meeting by a simple majority of the elected county board members, except that in case of written protest against any proposed map amendment that is either:

      1.   Signed by the owner or owners of at least twenty percent (20%) of the perimeter of the land to be rezoned, or

      2.   Signed by the owner or owners of land immediately touching, or immediately across a street, alley, or public right of way from at least twenty percent (20%) of the perimeter of the land to be rezoned, or

      3.   In cases where the land affected lies within one and one-half (11/2) miles of the limits of a zoned municipality, by resolution of the corporate authorities of the zoned municipality with limits nearest adjacent, filed with the county clerk, or

      4.   In the case of a map amendment affecting an unincorporated area of a township having a plan commission, written objections are submitted by the township board of trustees to the county board within thirty (30) days after the hearing before the zoning board of appeals.

Such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of all the members of the county board.

   C.   Written Protests: The original copy of a written protest must be filed with the Kane County clerk not later than the Friday preceding the county board meeting. 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. Notwithstanding any other provision of this section, 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.

In the case of property zoned by the county board of the county but not used within one year from date of said zoning, for purposes permitted in classification to which said property has been zoned, or, if the use of said property has been discontinued for a continuous period of three (3) years, the zoning board of appeals shall have the power to institute proceedings, on its own motion, to consider the rezoning of said property to another classification. (Ord. 78-79, §§ 3, 4, 6-13-1978; Ord. 79-229, § 1, 12-11-1979; Ord. 82-66, 5-11-1982; Ord. 92-187, 9-8-1992; Ord. 97-214, 8-12-1997; Ord. 97-240, 9-9-1997; Ord. 02-81, 3-12-2002)

The development and execution of this ordinance is based upon the division of the county into districts within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location.

To provide for the location of special classes of uses which are deemed desirable for the public welfare within a given district or districts, but which are potentially incompatible with typical uses herein permitted within them, a classification of "special uses" is hereby established.

Uses as hereinafter enumerated, which may be proposed for classification as "special uses", shall be considered at a public hearing before the zoning board, and its report of findings of fact and recommendations shall be made to the county board following the public hearing; provided, that the county zoning board, in its report of findings of facts and recommendations to the county board, shall not recommend a special use unless the zoning board shall find:

   A.   That the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare;

   B.   That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

   C.   That 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.   That adequate utility, access roads, drainage and/or other necessary facilities have been or are being provided;

   E.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets and roads;

   F.   That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the county board pursuant to the recommendations of the zoning board of appeals.

Prior to the granting of any special use, the zoning board may recommend and the county board shall stipulate such conditions and restrictions, upon the establishment, location, construction, maintenance and operation of the special use as is deemed necessary for the protection of the public health, safety and welfare. In all cases in which special uses are granted, the county board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

It shall be required that a detailed plat of all improvements (site plan) shall be submitted to the zoning board of appeals for approval or amendment at the public hearing. Such plat, when approved by the county board, shall become a part of this ordinance and development of the site shall be in accordance with said plat. Minor variations in the development of the approved plat may be authorized by the development committee.

No application for a special use, which has been denied wholly or in part by the county board, shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the zoning board or county board.

In any case where a special use has not been established (substantially under way) within one year from the date of granting thereof, then, without further action by the county board, the special use or authorization thereof shall be null and void, unless in the opinion of the zoning enforcing officer, circumstances beyond the control of the permittee indicate that establishment of the use has been impossible.

If the special use has been established and subsequently discontinued, the zoning board of appeals shall have the power to institute proceedings on its own motion to consider revocation of said special use.

   A.   A special use may be passed at a county board meeting by a simple majority of the elected county board members. (Ord. 76-29, 3-9-1976; Ord. 82-66, 5-11-1982; Ord. 97-240, 9-9-1997; Ord. 02-81, 3-12-2002; Ord. 05-304, 9-13-2005)

The fee schedule for activities associated with the enforcement of the requirements of this zoning ordinance shall be established by the Kane County board, as amended from time to time.

None of the fees established by the Kane County board shall be collected from any municipal, public or governmental body or corporation. (Ord. 97-240, 9-9-1997)

Any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall be subject to a fine not to exceed five hundred dollars ($500.00) for each offense. Each week that a violation remains uncorrected constitutes a separate offense.

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 ordinance, the proper authorities of the county, 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:

   A.   To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

   B.   To restrain, correct or abate such violation;

   C.   To prevent the occupancy of said building, structure or land; or

   D.   To prevent any illegal act, conduct, business or use in or about the premises. (Ord. 76-29, 3-9-1976; Ord. 94-79, 4-12-1994; Ord. 97-240, 9-9-1997)