This title shall be administered and enforced by the zoning administrator who also may be the zoning enforcement officer appointed by the county board from time to time. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

The zoning administrator shall establish and enforce regulations, and determine compliance therewith, relating to plats, sketch plans, preliminary plats, permits and other applications, submissions or forms and the content thereof, as are necessary or desirable in administering this title. He shall collect fees and penalties. Standard applications, forms, permit requirements, schedules of fees relating to zoning and subdivision matters shall be published from time to time and maintained by the zoning administrator in the "county development manual" which shall be available to the public for a nominal fee. He shall advise and be present at the public meetings of the zoning hearing officer and the planning commission, prepare all agendas and shall act as liaison between said officer and the county board. The zoning administrator shall compile and maintain the zoning maps and make them available for public view. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

The zoning administrator is authorized to issue temporary use permits in appropriate circumstances for periods not to exceed ninety (90) days and to revoke them at their discretion. The zoning administrator shall revoke special use permits where said use has not been established (substantially underway) within one year from the date the special use was granted. The county board may extend this one-year period for such time as it shall determine, for good cause and without further hearing before either the zoning hearing officer or the county board. The zoning administrator shall monitor compliance with rules, regulations and standards imposed as a condition to the granting of a special use and shall impose penalties or recommend revocation of the special use permit to the county board in the event of any such noncompliance. (Ord. 04-16-003, 4-19-2016; amd. Ord. 2025-05-006, 5-22-2025)

The zoning administrator is authorized to issue variations, and to impose such conditions as are appropriate, without a hearing before the zoning hearing officer, where the variation sought is ten percent (10%) or less of the regulations authorized by this title relating to the location of structures or as to bulk regulations applicable to the district in which the lot is located, as provided in 55 Illinois compiled statutes 5/5-12009. Before such variation may be granted, however, notice of the intent to grant any such variation shall be sent by certified mail to all adjoining landowners and to any township board of trustees which has established a plan commission. If any adjoining landowner or such township board of trustees files an objection with the zoning administrator within fifteen (15) days of receipt of said notice then such variation may only be considered by the zoning hearing officer in the same manner as provided hereafter. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   The county, or any person or entity particularly aggrieved, may enforce the rules and regulations set forth in this title, or imposed as a condition to the grant of any variation, special use permit, or any other permit provided for in this title in any court of law or administrative tribunal having jurisdiction over the matter or the violation.

   B.   The zoning administrator may levy a fine of not more than five hundred dollars ($500.00) a day against any person, firm or corporation, their agents, employees or contractors who violate, disobey, omit, neglect or refuse to comply with, or who resist enforcement of this title, and each day a violation continues shall constitute a separate offense. The zoning administrator may also elect to refer any such violations to the state's attorney for prosecution as a misdemeanor punishable by imprisonment for not more than six (6) months, the imposition of fines, or both. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

Establishment. The position of county zoning hearing officer is hereby created in accordance with 55 ILCS 5/5/12015.

   A.   Appointment. The zoning hearing officer shall be appointed by the county board following recommendation by the designated committee of the county board. Such appointment shall be confirmed by a majority vote of the members of the county board present and voting thereon. The zoning hearing officer and alternate zoning hearing officer(s) shall serve at the pleasure of the county board. Alternate hearing officer(s) shall serve when the hearing officer is not available. Vacancies in the position of zoning hearing officer shall be filled expeditiously and in the manner herein provided for the appointment of such officer. (Ord. 2025-05-006, 5-22-2025)

   A.   Hear And Decide Appeals: The zoning hearing officer shall hear and decide appeals in which it is alleged there is an error in any order, requirement, decision, interpretation or determination (hereinafter referred to collectively as "decision") made by the zoning administrator. They shall also hear and decide all matters referred to them or upon which they are required to pass under this title. Any petition for variation or a petition to rezone which is denied cannot again be filed for a hearing on the same petition, until a period of six (6) months has elapsed from the date of the original denial by the county board.

   B.   Powers Generally: The zoning hearing officer may reverse or affirm, wholly or partly, or may modify or amend any order, requirement, decision or determination of any officer, department, board or bureau of the county appealed from, to the extent and in the manner that the zoning hearing officer may decide to be fitting and proper, in accordance with 55 Illinois compiled statutes 5/5-12015, and to that end the zoning hearing officer shall have all the powers of the officer, department, board or bureau from whom the appeal is taken.

   C.   Variations: The zoning hearing officer shall hold public hearings on petitions for variations in the manner provided in 55 Illinois compiled statutes 5/5-12009 on those matters set out in section 10-10B of this title. Municipalities whose boundaries are within one and one-half (1 ½) miles of any part of the property involved in the variation petition, and any township board of trustees, where the township in which the property is located has established a plan commission, shall also be notified of such hearing.

   D.   Special Uses:

      1.   Hearing: The zoning hearing officer shall hold public hearings on applications for special uses. At such hearing the zoning hearing officer shall hear evidence relating to the effect of such proposed special use upon the character of the neighborhood, effect upon surrounding properties, traffic conditions, public utility facilities, environmental concerns, compliance with rules, regulations and standards set forth in this title, and other matters pertaining to the public health, safety or general welfare. The zoning hearing officer shall file an advisory report, suggested conditions and/or recommendations with the county board within sixty (60) days from the date of the hearing regarding matters reviewed at the hearing, and no action will be taken by the county board on said application pending such report, suggested conditions and/or recommendations. If no report, suggested conditions and/or recommendations to the contrary are filed with the county board within ninety (90) days by the zoning hearing officer, it shall be conclusively presumed that the zoning hearing officer has recommended approval of the special use.

      2.   Notice: Prior notice of hearings on special uses shall be provided in accordance with the provisions of 55 Illinois compiled statutes 5/5-12009.5. Municipalities whose boundaries are within one and one-half (1 ½) miles of any part of the property proposed to be classified as a special use, and any township board of trustees, where said township has established a plan commission, shall also be notified of the public hearing.

      3.   Standing; Passage Requirements: The owner or owners of parcels immediately touching, or immediately across a street, alley or public right of way from at least twenty percent (20%) of the perimeter of the parcel to be affected by the special use, shall have standing to object to the allowance of a special use permit. A majority vote of the county board is required to grant a special use permit, unless the county board has provided by ordinance that a two-thirds (2/3) vote is required, or as otherwise provided in 55 Illinois compiled statutes 5/5-12009.5.

      4.   Amendments To Special Use Permits.

         a.   Purpose And Intent. The purpose of the section is to establish a procedure by which an applicant may seek to amend an approved special use permit in order to address changes in design, conditions or any other factors relevant to the underlying special use.

         b.   Applicability.

            (1)   This section shall apply to: approved special use permits: Any previously approved special use permit for which the petitioner (or successor in interest) seeks a material modification to the terms or conditions set forth in the original approval.

            (2)   Minor field adjustments that do not rise to the level of a material change as defined in subsection (C) below may be approved administratively and do not require a formal amendment to the special use permit.

         c.   Definitions. For the purposes of this section, the following definitions shall apply:

            (1)   Amendment (or Modification) to special use permit: A request by the applicant to alter, revise, or otherwise modify the terms, conditions, site plan, or use parameters of a pending or approved special use.

            (2)   Material Change: A change that substantially alters the proposed land use, intensity, capacity, traffic patterns, building footprint, operational characteristics, or other elements essential to the original petition.

            (3)   Minor Field Adjustment: An insubstantial revision to a site plan or condition (e.g., minor shifts in landscaping, internal parking layout, or similar) that does not significantly affect the approved use, public health and safety, and surrounding properties.

         d.    Initiation Of An Amendment.

            (1)   Application. An applicant wishing to amend a special use petition must submit a written request, on a form provided by the office of the zoning administrator, together with supporting documentation detailing the proposed amendment.

            (2)   Fee. A non-refundable fee in the amount established by the county's adopted fee schedule shall be paid at the time of application.

            (3)   Submittal Requirements. The applicant must provide:

               (A)   A revised site plan, if applicable, showing the proposed modifications;

               (B)   A written statement outlining the reason for the amendment and how it affects any conditions of approval.

               (C)   Any additional materials required by the zoning administrator, including but not limited to updated natural resources information report, updated EcoCAT, updated SHPO report, updated decommissioning cost estimate and plan, updated AIMA, updated results and recommendations from IDNR, updated results from United State fish and wildlife services information for planning and consulting environmental review, and any other information requested by the county or the county consultants that is necessary to evaluate the proposed amendment to the special use permit.

         e.    Classification Of Amendments.

            (1)   Minor Amendment. The zoning administrator shall determine whether a requested amendment constitutes a minor amendment, which may be processed administratively. Minor amendments typically include:

               (A)   Slight shifts in building placement;

               (B)   Changes to landscaping or buffering that do not affect the overall compatibility with adjacent uses;

               (C)   Adjustments to parking layout or internal circulation that do not significantly alter traffic impacts; and/or

               (D)   Other changes deemed minor in nature that do not affect the health, safety, or welfare of the general public or nearby properties.

            (2)   Major Amendment. Any amendment deemed by the zoning administrator to be a material change to the original special use petition, or that may significantly impact surrounding properties, shall be treated as a major amendment and processed according to the procedure in subsection (f) below.

         f.   Review And Approval Procedure For Major Amendments.

            (1)    Public Hearing. A public hearing shall be required for any major amendment. The hearing shall be notices and conducted in the same manner as required for an original special use petition under section 10-2B-2(D) of this title and in accordance with 55 ILCS 5/5-12009.

            (2)   Notice Requirements. Prior to the public hearings on special uses, notice shall be provided in accordance with the provisions of 55 Illinois Compiled Statutes 5/5-12009.5. Municipalities whose boundaries are within one and one-half (11/2) miles of any part of the property proposed to be classified as a special use, and any township board of trustees, where said township has established a plan commission, shall also be notified of the public hearing.

            (3)   Zoning Hearing Officer. The zoning hearing officer shall hold the public hearing, review the request, and forward its recommendation to the county board.

            (4)   Decision by the county board. Following receipt of the recommendation from the zoning hearing officer, the county board shall approve, approve with conditions, or deny the major amendment request.

         g.   Standards For Approval. In reviewing any amendment to an approved special use, the reviewing bodies shall consider, at a minimum, the following:

            (1)    Consistency With The Comprehensive Plan. Whether the proposed amendment remains consistent with the county's comprehensive plan or other adopted land use policies;

            (2)   Compatibility. The amendment's compatibility with adjacent uses, zoning districts, and the character of the surrounding area;

            (3)   Impact On Public Services. Whether the amendment creates an increased burden on public services, including roads, utilities, and emergency services;

            (4)   Public Health, Safety And Welfare. Any potential for adverse effects on public health, safety, and welfare;

            (5)    Compliance With Conditions. Whether existing conditions of approval are maintained, changed, or have been satisfied as applicable.

         h.   Effect Of Approval.

            (1)   Revised Special Use Permit. Upon approval of an amendment, the applicant shall receive a revised special use permit or an amendment letter from the Lee County zoning office reflecting all updated conditions and plans.

            (2)   Conditions Of Approval. All previously imposed conditions not expressly modified by the amendment shall remain in full force and effect.

         i.   Standing; Passage Requirements. The owner or owners of parcels immediately touching, or immediately across a street, alley or public right of way from at least twenty percent (20%) of the perimeter of the parcel to be affected by the special use, shall have standing to object to the allowance of a special use permit. A majority vote of the county board is required to grant a special use permit, unless the county board has provided by ordinance that a two-thirds (2/3) vote is required, or as otherwise provided in 55 Illinois compiled statutes 5/5-12009.5.

         j.   Revocation Or Lapse. Failure to comply with the approved amendment or any conditions placed thereon may result in revocation of the special use, as outlined in section 10-2A-3 of this title, or the amendment may be deemed null and void if not implemented within one year, unless in conflict with a condition of the special use permit, in which case the condition shall govern.

         k.   Appeals. Decisions of the zoning administrator regarding classification of amendments as minor or major may be appealed to the zoning hearing officer in accordance with section 10-2B-2 of this title.

         l.   Severability. If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. The holding shall not affect the validity of the remaining portions hereof.

   E.   Conversion To Special Use: Any nonconforming use may be made a special use by the granting of a special use permit by the zoning hearing officer following the same procedures as for other special uses, if the use is a permitted special use in the district in which the use is located.

   F.   Limitation On Authority:

      1.   Nothing herein contained shall be construed to give or grant to the zoning hearing officer the power or authority to alter or change the zoning ordinance or the district map; such power and authority being reserved to the county board.

      2.   Neither the zoning administrator nor the zoning hearing officer shall exercise their powers so as to:

         a.   Deprive an owner of a parcel of its use or maintenance for the purpose to which it was lawfully devoted at the time of the enactment of this title, or subsequent amendments or revisions thereto;

         b.   Impose regulations or require additional permits for bona fide agricultural uses. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Keep Minutes; Records: The zoning hearing officer shall keep minutes of their proceedings, keep a record of their findings of fact, and shall also keep records of their examinations and other official action.

   B.   Decisions Public Record: Every rule, regulation, every amendment or appeal thereof, and every order, requirement, decision or determination of the zoning hearing officer shall immediately be filed in the office of the zoning hearing officer and shall be a public record.

   C.   Expenditures: In the performance of their duties, the zoning hearing officer may incur such expenditures as shall be authorized by the county board.

   D.   Rules Of Procedure: The zoning hearing officer shall prepare their own rules of procedure, not in conflict with statute or this title, and these rules shall be approved by the County Board. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

A regional planning commission is hereby created primarily to coordinate the revision and application of the comprehensive plan. The regional planning commission has heretofore been defined as the "planning commission". (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

The planning commission shall review sketch plans and subdivision preliminary plats, and other matters which due to LESA scores, or other matters designated in title 11 of this code, require public hearings. The planning commission shall also be empowered to make recommendations to the county board as to these matters, revisions and applications of the comprehensive plan and any other matter referred to the planning commission by the county board. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

The planning commission may adopt criteria, not inconsistent with the provisions of this title, and providing due process, relating to the application of subdivision regulations and the waiver of LESA standards in proceedings before it, and copies of such criteria shall be published in the "county development manual" and available to petitioners after said criteria have been approved by the county board. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Membership: The planning commission shall consist of five (5) members and two (2) alternates all of whom shall be appointed by the county board chairman with the advice and consent of the county board. Alternate members, if appointed, shall serve as members of the planning commission 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 member in determining which alternate member shall serve in the absence of a regular member.

   B.   Terms: Initially, two (2) members shall be selected to serve a one-year term, two (2) members shall be selected to serve a two (2) year term, and one member shall be selected to serve a three (3) year term. One alternate shall serve a two (2) year term, and the other alternate shall serve a three (3) year term. All subsequent appointments shall be for a three (3) year term.

   C.   Quorum; Action: Three (3) members shall constitute a quorum of the planning commission, and three (3) concurring votes are necessary to recommend action to the county board.

   D.   Chairman: The chairman of the planning commission shall be appointed for a two (2) year term by the chairman of the county board upon the advice and consent of the county board. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Regular meetings of the planning commission shall be held at such time and place within the county as the planning commission may determine.

   B.   Special meetings may be held at the call of the chairman or as determined by the planning commission. Such chairman, or in their absence, the acting chairman, may administer oaths. All meetings of the planning commission shall be open to the public. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

The planning commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such facts, and shall also keep records of its examinations and other official action. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

No petition heard by the planning commission shall be allowed to be reconsidered after an adverse decision by the county board for a period of six (6) months following the decision of the county board. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   County Board Action: The county board may from time to time initiate a map amendment, a text amendment or supplement, or change by ordinance any regulations herein established, upon its own motion, or after receipt of appropriate petition, or recommendation of the zoning administrator. The county board shall then refer the matter to either the zoning hearing officer or the planning commission for the proper hearings, all in accordance with 55 Illinois compiled statutes 5/5-12014. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Hearings Conducted: The zoning hearing officer or the planning commission, as designated by statute, or by the county board, shall conduct the proper hearings after public notice has been provided in the manner prescribed by statute and by this title.

   B.   Notice Of Hearing: Notice of hearing regarding proposed map amendments, in addition to publication in a newspaper as required by statute, shall be posted on the roadway or street frontage of property proposed to be reclassified, and shall be mailed, to each municipality within one and one-half (11/2) miles thereof, and to the board of trustees of any township, in which the property is located, which has established a plan commission, at least fifteen (15) days in advance of the hearing on said map amendment. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

In the case of property previously classified, other than pursuant to a countywide general map amendment, but not used for a purpose permitted, either as a principal or special use, in the district in which it was classified within one year from the date of its classification, or, if the use of said property has been discontinued for a continuous period of three (3) years, the zoning hearing officer has the power to institute proceedings on their own motion to consider the reclassification of the property to another district. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

The zoning hearing officer shall consider the following standards, and make findings thereon when evaluating a map amendment:

   A.   The existing uses of nearby property.

   B.   The extent property values will be diminished by any zoning restrictions.

   C.   The extent to which the destruction of property values promotes the public health, safety and welfare.

   D.   The gain to the public versus the hardship to the individual property owner.

   E.   The suitability of the subject property for zoned purposes.

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

   G.   The compatibility of the present, and proposed, classification with the comprehensive plan.

   H.   Whether there is a public need in the neighborhood for the proposed use. (Ord. 2025-05-006, 5-22-2025)