A.   Purpose. The regulations imposed and the districts created by this Ordinance may be amended from time to time in accordance with this section. This process for amending the text or the map is intended to permit modifications in response to changed conditions or changes in County policy.

   C.   Authority. The County Board, after receiving a recommendation from the Zoning Board of Appeals, will take formal action on requests for zoning text or map amendments. Zoning text amendments can be applied for only in relation to the zoning standards of this Ordinance, including signs. Standards for subdivisions do not require the zoning text amendment process for changes. Chapter 16.24 (Subdivision Applications) and Chapter 16.76 (Subdivision Standards) can be amended directly by the County Board.

         a.   The Zoning Board of Appeals will conduct a public hearing on a proposed zoning amendment in accordance with § 16.16.040 (Public Hearing) within ninety (90) calendar days after receipt of a complete application. Notice for the public hearing shall be in accordance with § 16.16.030 (Notice).

         b.   The Zoning Board of Appeals will evaluate the application, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in subsection E. below (Approval Standards for Zoning Amendments). For zoning text amendments, the Zoning Board of Appeals may recommend approval, modified approval, or denial of the application. For zoning map amendments, the Zoning Board of Appeals may recommend approval or denial of the application.

         c.   The Department of Planning and Development shall prepare and submit an ordinance to the County Board for the next available meeting in accordance with the County Board rules.

         a.   The County Board will consider the application upon receiving the Zoning Board of Appeals recommendation. However, the County Board shall not act on a map amendment until thirty (30) calendar days following the close of the public hearing. The County Board shall take action in the form of approval or denial on applications for zoning text and map amendments. The County Board shall take action within one hundred eighty (180) calendar days of the close of the public hearing, unless an extension of time has been authorized by the County Board prior to the expiration of the one hundred eighty (180) calendar day timeframe. If the County Board does not act within the one hundred eighty (180) calendar day timeframe, plus any authorized extension of time, the application is deemed denied.

         b.   A majority vote of all the members of the County Board is required to pass a zoning text or zoning map amendment, unless any of the following conditions apply:

            (1)   A favorable vote of three-fourths (¾) of all the members of the County Board is required to pass a zoning map amendment if a written protest signed by the owner(s) of at least twenty percent (20%) of the land to be rezoned is filed with the County Clerk.

            (2)   A favorable vote of three-fourths (¾) of all the members of the County Board is required to pass a zoning map amendment if a written protest signed by the owner(s) of land contiguous to or located directly across a public right-of-way from at least twenty percent (20%) of the perimeter of the land to be rezoned is filed with the County Clerk.

            (3)   A favorable vote of three-fourths (¾) of all the members of the County Board is required to pass a zoning map amendment if the land affected by a proposed amendment lies within one and one-half (1½) miles of the limits of a zoned municipality and a resolution objecting to the amendment is passed by the municipal board/council and filed with the McHenry County Clerk.

            (4)   A favorable vote of three-fourths (¾) of all the members of the County Board is required to pass a zoning map amendment or a text amendment if a township plan commission objects to a map amendment or a text amendment affecting an unincorporated area of the township and the township board of trustees submits its written objection to the County Board. The letter of objection shall be delivered to the County Board chairman with a copy sent to the Zoning Enforcement Officer within thirty (30) calendar days of the close of the Zoning Board of Appeals public hearing.

            (5)   A favorable vote of three-fourths (¾) of all the members of the County Board is required to pass a zoning text amendment if a written protest against the proposed text amendment is signed by five percent (5%) of property owners in the County and filed with the McHenry County Clerk.

            A copy of the written protest or objection must be served by the protestor or objector on the applicant for the proposed amendment and a copy on the applicant’s attorney, if any, by certified mail at the address of the applicant and attorney shown in the zoning application and the proof of delivery shall be filed with the McHenry County Clerk prior to the County Board meeting where the zoning map or text amendment is to be considered.

         a.   The compatibility of the proposed zoning with the existing use and zoning of nearby property.

         b.   The extent to which property values of the subject property are diminished by the existing zoning.

         c.   The extent to which the public health, safety, and welfare of the public are promoted by the existing zoning.

         d.   The relative gain to the public, as compared to the hardship imposed upon the applicant, if the proposed zoning is denied.

         e.   The suitability of the property for the purposes for which it is presently zoned.

         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 community need for the proposed use.

         h.   The consistency of the proposed amendment with the adopted comprehensive plan and the appropriateness of the comprehensive plan to the subject property.

         a.   The extent to which the proposed amendment promotes the public health, safety, and welfare.

         b.   The consistency of the proposed amendment with the purpose and general regulations of this Ordinance.

         c.   Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy or conditions.

         d.   The extent to which the proposed amendment creates nonconformities.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.1; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   D.   Authority. Variations are authorized by the terms of this Ordinance. Zoning variations are authorized by the County Board. The Zoning Enforcement Officer is authorized to grant certain administrative variances. Variations can be applied for only in relation to the zoning standards of this Ordinance, which includes sign regulations. Exemptions to standards for subdivisions are subject to the process contained in § 16.24.050 (Exemptions from Subdivision Standards).

         a.   Variation applications of ten percent (10%) or less of the bulk or setback regulations for principal structures, accessory structures, or signs. Encroachments allowed under Table 16.20-1: Permitted Encroachments are ineligible for administrative variation. All other variations are considered zoning variations.

         b.   No written objections have been received. If any noticed property owner files a written objection to the administrative variation within fifteen (15) calendar days of receipt of such notice, the variation shall be denied. The property owner may apply for a Zoning Variation to be considered by the Hearing Officer or Zoning Board of Appeals.

         a.   Applications for zoning variations that are filed in conjunction with an application of a conditional use permit or zoning map amendment shall be considered by the Zoning Board of Appeals simultaneously with the conditional use permit or zoning map amendment. Applications for zoning variations that are not filed in conjunction with an application for a conditional use permit or zoning map amendment shall be considered by the Hearing Officer. Such applications may be considered by the Zoning Board of Appeals only in the event that the Hearing Officer is unavailable.

         b.   The Zoning Board of Appeals or Hearing Officer will then conduct a public hearing on a zoning variation application in accordance with § 16.16.040 (Public Hearing). Notice for the public hearing shall be in accordance with § 16.16.030 (Notice).

         c.   The Zoning Board of Appeals or Hearing Officer will evaluate the application, based upon the evidence presented at the public hearing, pursuant to the applicable standards in subsection F. below (Approval Standards for Zoning Variations).

         d.   The Zoning Board of Appeals or Hearing Officer will recommend approval, modified approval or denial of the application within ninety (90) calendar days of receipt of the complete application.

         e.   Following the recommendation of the Zoning Board of Appeals or Hearing Officer, the Department of Planning and Development shall prepare an ordinance incorporating the findings and recommendations of Zoning Board of Appeals or Hearing Officer.

         f.   The Department of Planning and Development shall submit the ordinance and Zoning Board of Appeals or Hearing Officer recommendation to the County Board for the next available meeting in accordance with the County Board rules. The applicant shall pay all outstanding fees prior to the ordinance’s submittal to the County Board.

            (1)   The County Board shall take action within one hundred eighty (180) calendar days of the close of the public hearing, unless an extension of time has been authorized by the County Board prior to the expiration of the one hundred eighty (180) calendar day timeframe. The County Board may take action in the form of approval, modified approval, or denial. If the County Board does not act within the one hundred eighty (180) calendar day timeframe, plus any authorized extension of time, the application is deemed denied.

            (2)   A simple majority vote of the members of the County Board present at a meeting is required to pass a variation, unless any of the following conditions apply:

               (a)   A favorable vote of three-fourths (¾) of all the County Board members is required to pass a variation if the Hearing Officer recommended denial of the variation.

               (b)   A favorable vote of three-fourths (¾) of all the County Board members is required to pass a variation if the variation requested did not receive five favorable votes from the Zoning Board of Appeals.

               (c)   A favorable vote of three-fourths (¾) of all the County Board members is required to pass a variation if the township plan commission objects to the variation and the township board of trustees submits a written objection to the County Board. The letter of objection must be signed by a majority of the township trustees and shall be delivered to the County Board via the County Board chairman with a copy sent to the Zoning Enforcement Officer within fifteen (15) days after the close of the public hearing.

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

      2.   The conditions upon which the application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning district.

      3.   The purpose of the variation is not based exclusively upon a desire to increase the monetary gain realized from the property.

      4.   The alleged difficulty or hardship is caused by the Ordinance and has not been created by any person presently having an interest in the property.

      5.   That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

      6.   That the proposed variation 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 adjacent neighborhood.

      7.   That the granting of the variation requested will not confer on the applicant any special privilege that is denied by this Ordinance to other land or structure of the same zoning district.

      1.   Any approved variation shall be null and void if a building permit is not obtained or any structure not requiring a building permit is not erected within one (1) year from the date of approval.

      2.   The Zoning Enforcement Officer may grant one (1) extension of this period, valid for no more than one hundred eighty (180) additional calendar days, upon written application and with good cause shown, without notice or hearing.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.2; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

      1.   Application for a variation shall be filed with the Hearing Officer appointed by the County Board, using forms available from that officer. A hearing date for a variation will be set by the Hearing Officer when all of the filing requirements of this Ordinance have been met. The Hearing Officer will not consider the sufficiency of the application and evidence until after a public hearing has been held and all parties have been given an opportunity to address such application, evidence, and documents. After said hearing, the Hearing Officer will make a finding as to the sufficiency of the application, evidence, documents, and testimony and report this finding in the recommendation to the County Board.

      2.   Applications shall contain at a minimum, the nature of the request, a legal description, permanent parcel number and common description of the property, a statement of the present zoning of the subject property and surrounding properties, the current address of the petitioners, and a verification by the owners or their authorized agent attesting to the truth and correctness of all facts, statements, and information presented. In addition, applications for variations shall contain a survey of the property by a surveyor registered in the State of Illinois, including the location of the proposed tower. The legal description in the survey shall coincide with the legal description on the petition, legal notices, and ordinance, when presented.

      3.   All petitions shall be brought in the name of the record title owner, or the owner or owners of the beneficial interest, through their attorneys or authorized agents. If a contract purchaser or tenant is involved, either with or without a contingent right, the contract purchaser or tenant shall be revealed and become a second party to the petition, but such contract purchaser or tenant may not file without owner.

      4.   If application is made by the trustee or beneficiary of any land trust for a variation, the application and notice shall identify each beneficiary of such land trust by name and address and define his interest therein. All such applications shall be verified by the applicant in the applicant’s capacity as trustee or by the beneficiary(s) as beneficial owner(s) of an interest in such land trust.

      1.   Whether, but for the granting of a variation, the service that the telecommunications carrier seeks to enhance or provide with the proposed facility will be less available, impaired or diminished in quality, quantity, or scope of coverage.

      2.   Whether the conditions upon which the application for variations is based are unique in some respect or, if not, whether the strict application of the regulations would result in a hardship on the telecommunications carrier.

      3.   Whether a substantial adverse effect on public safety will result from some aspect of the facility’s design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant.

      4.   Whether there are benefits to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility.

      5.   The extent to which the design of the proposed facility reflects compliance with this Ordinance.

      1.   The particular location of the real estate for which the variation is requested by legal description; street address, or, if no street address exists, then by locating such real estate with reference to any well-known landmark, highway, road, thoroughfare, or intersection; permanent property index number; and township name.

      2.   Whether the petitioner or applicant is acting for himself or in the capacity of an agent, alter ego, or representative of a owner and stating the name and address of the actual and true owner.

      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 and shareholders owning any interest in excess of seven and one-half percent (7.5%) of all outstanding stock of such corporation.

      4.   Whether the petitioner or applicant or his owner, if other than applicant, is a business or entity doing business under any assumed name, and if so, the name and residence of all true and actual owners of such business or entity.

      5.   Whether the petitioner or applicant 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.

      6.   A statement of the present zoning on the parcel in question.

      7.   A brief statement of the proposed variation.

      8.   The time, date, and location of the hearing.

      1.   A hearing shall be held on any proposed variation in the County Government Center.

      2.   No more than one (1) public hearing will be held or required.

      3.   Filing fees for variation hearings are in accordance with the fee schedule adopted by the County Board and shall cover all costs.

      4.   The public hearing will be conducted by the Hearing Officer in the manner established by the Hearing Officer.

      5.   A detailed record of the proceedings shall be taken by a court reporter present at the hearing to transcribe the testimony.

      6.   The recommendation of the Hearing Officer to the County Board shall be supported by written findings of fact upon each of the authorized matters for consideration.

         a.   Variations may be granted by the County Board upon receipt of a report and recommendation from the Hearing Officer, by a favorable vote of a simple majority of the members present at a meeting held no later than seventy-five (75) calendar days after submission of an application.

         b.   Failure of the County Board to act on the application within seventy-five (75) calendar days after submission will deem the application approved.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.3; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   A.   Purpose. This Ordinance divides the County into zoning districts, where, within each district, the use of land and structures are substantially uniform. It is recognized, however, that there are certain uses that, because of their unique characteristics, require individual consideration of the appropriateness of that use at a particular location.

         a.   The Zoning Board of Appeals will conduct a public hearing on a proposed conditional use in accordance with § 16.16.040 (Public Hearing) within one hundred eighty (180) calendar days after receipt of a complete application. In the case of applications for COMMERCIAL SOLAR ENERGY FACILITY and COMMERCIAL WIND ENERGY FACILITY the Zoning Board of Appeals shall conduct the public hearing within forty-five (45) calendar days of the filing of the application. Notice for the public hearing shall be in accordance with § 16.16.030 (Notice).

         b.   The Zoning Board of Appeals will evaluate the application, based upon the evidence presented at the public hearing, pursuant to the applicable standards in subsection E. below (Approval Standards for Conditional Use Permits).

         c.   The Zoning Board of Appeals will recommend approval or denial of the application. The Zoning Board of Appeals may recommend conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public interest consistent with 55 ILCS 5/5-12020 as may be amended from time to time.

         d.   Following the recommendation of the Zoning Board of Appeals, the Department of Planning and Development shall prepare an ordinance incorporating the findings and recommendations of Zoning Board of Appeals.

         e.   The Department of Planning and Development shall submit the ordinance and Zoning Board of Appeals recommendation to the County Board for the next available meeting in accordance with the County Board rules. The applicant shall pay all outstanding fees prior to the recommendation’s submittal to the County Board.

         a.   The County Board shall take action within one hundred eighty (180) calendar days of the close of the public hearing, unless an extension of time has been authorized by the County Board prior to the expiration of the one hundred eighty (180) calendar day timeframe. In the case of applications for COMMERCIAL SOLAR ENERGY FACILITY and COMMERCIAL WIND ENERGY FACILITY, the County Board shall act within thirty (30) calendar days. The County Board may take action in the form of approval or denial. If the County Board does not act with the one hundred eighty (180) calendar day timeframe, plus any authorized extension of time, the application is deemed denied.

         b.   In granting any conditional use permit, the County Board may impose conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public interest consistent with 55 ILCS 5/5-12020 as may be amended from time to time. The County Board may require such documentation and guarantees, as it deems necessary, to ensure compliance with stipulated conditions.   

         c.   A simple majority vote of the members of the County Board present at a meeting is required to pass a conditional use permit.

      1.   That the petitioner has demonstrated the ability to meet any applicable standards contained in Chapters 16.56 (Use Standards) and 16.60 (Site Development Standards).

      2.   That the site shall be so situated that the proposed use is compatible with the existing or planned future development of the area.

      3.   That the establishment, maintenance, or operation of the conditional use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the neighboring vicinity.

      4.   That the conditional use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

      5.   That the conditional use shall not substantially diminish and impair property value within the neighborhood.

      6.   That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided.

      7.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion and hazard on public streets.

      8.   That the conditional use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located.

      9.   That the conditional use is reasonably in the interest of the public welfare.

      10.   That adequate measures will be taken to provide protection to groundwater recharge and groundwater quality.

      1.   For conditional uses approved to occur within a structure yet to be constructed, the conditional use permit approval expires within two (2) years following the date of conditional use permit approval if a building permit has not been issued and construction has not commenced.

      2.   For conditional uses approved to occur within an existing structure that shall be modified to meet the applicable building code standard for the approved use, the conditional use permit approval expires within two (2) years following the date of conditional use permit approval if a building permit has not been issued and construction has not commenced.

      3.   For conditional uses approved to occur within existing structures which require no building modifications or for a parcel of land where no structure is planned, if the use is not established within one (1) year following the date of conditional use permit approval, the conditional use permit expires.

      4.   If a conditional use is discontinued for a continuous period of one (1) year, the conditional use permit will expire. When the conditional use granted is seasonal in nature and a disruption is due to the growing season or an act of God, such period is exempt from the calculation of discontinuation. In the case of an act of God, the property owner shall submit a written statement to the Zoning Enforcement Officer documenting the cause of the disruption.

      1.   A conditional use permit may be revoked by the County Board after a public hearing by the Zoning Board of Appeals and a finding that any of the provisions of this Ordinance or any of the terms and conditions of the conditional use permit approval have been violated.

         a.   The Zoning Enforcement Officer shall send written notice to property owner and/or operator to whom the conditional use permit approval was issued describing the reasons for revocation.

         b.   The Zoning Board of Appeals shall hold a public hearing on the revocation of the conditional use permit within sixty (60) calendar days after providing notice to the property owner and to a newspaper of general circulation in accordance with § 16.16.030B. (Published Notice).

         c.   The County Board shall take action within one hundred eighty (180) calendar days of the close of the public hearing, unless an extension of time has been authorized by the County Board prior to the expiration of the one hundred eighty (180) calendar day timeframe. The County Board may take action to approve or deny the revocation. If the County Board does not act with the one hundred eighty (180) calendar day timeframe, including any extension of time, the revocation is deemed denied.

      2.   A property owner granted conditional use permit approval may request in writing for the voluntary revocation of conditional use permit approval to the Zoning Enforcement Officer. Once the request is accepted and any applicable fees are paid, all conditional use activities shall cease and all conditional use structures shall be removed. If re-establishment is desired, a new application is required.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.4; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-202201-ZBA-002, passed 1-18-2021; Ord. O-202304-12-016, passed 4-18-2023)

      1.   Compatibility of land uses and structures.

      2.   Efficient use of land.

      3.   Minimization of traffic and safety hazards.

      4.   Efficient parking layout.

      5.   Minimization of environmental problems.

      6.   Optimization of stormwater management and ground water protection.

      7.   Incorporation of sustainable design techniques.

      8.   Compliance with all County permit requirements including, but not limited to, McHenry County Stormwater Management Ordinance, McHenry County Public Health Ordinance, and McHenry County Access Control and Right-of-Way Management Ordinance.

      9.   Protection of Class III Special Resources Groundwater Protection Areas and Sensitive Aquifer Recharge Areas, as required by Chapter 16.52 (Overlay Zoning Districts).

      1.   Site plan review and approval is required for the following:

         a.   Conditional uses and planned developments.

         b.   Those uses identified in Chapter 16.56 (Use Standards) as requiring site plan review prior to approval.

      2.   No building permit may be issued by the Department of Planning and Development and no conditional use permit may be approved by the County Board until site plan approval has been granted, as required in subsection B.1. above. Prior to issuance of a building permit, review of the proposed development for compliance with the McHenry County Public Health Ordinance, the McHenry County Stormwater Management Ordinance and the McHenry County Access Control and Right-of-Way Management Ordinance is required.

      3.   As part of subsequent conditional use permit approval, the Zoning Board of Appeals may recommend and the County Board may impose additional conditions on an approved site plan consistent with 55 ILCS 5/5-12020 as may be amended from time to time.

      1.   Applications for site plan review shall be submitted to the Department of Planning and Development in accordance with the requirements in § 16.16.020 (Application). Once it is determined that the application is complete, the application will be scheduled for review at a Staff Plat Review Committee meeting at least twenty-eight (28) days from the time of submittal. In the case of applications for COMMERCIAL SOLAR ENERGY FACILITY and COMMERCIAL WIND ENERGY FACILITY, Planning & Development Staff shall, as soon as practicable after application submission, send a copy of the application to each member of the Staff Plat Review for individual review and comment at least fourteen (14) calendar days prior to the scheduled public hearing.

      2.   The Staff Plat Review Committee will review the completed site plan review application and evaluate the site plan pursuant to the applicable standards in subsection D. below (Standards for Site Plan Review).

      3.   During review of the site plan, the Staff Plat Review Committee may request modification of the submitted site plan and resubmittal of a revised plan. The revised site plan will be processed in the same manner as the initial application.

      4.   Site plan review fees shall be paid in accordance with the County adopted fee ordinance.

      1.   Each site plan submitted for review shall include the following details:

         a.   The location of principal and accessory structures, and all open space.

         b.   The location of all water supply and sanitary waste (well and septic) facilities.

         c.   All existing and proposed screening and landscaping.

         d.   All exterior lighting.

         e.   The location of parking lots, including required landscape islands, buffers, number of parking spaces, driveways, and internal access roads.

         Depending on the complexity of the project, the required details shall be divided into multiple plan sheets as necessary to ensure legibility.

      2.   In addition, the following characteristics will also be considered:

         b.   Compliance with other applicable County ordinances.

         c.   The location, arrangement, size, design, and general site compatibility of structures, lighting, and signs, including:

            (1)   Efficient use of land that responds to the existing off-site utilities and service conditions in order to minimize the demand for additional municipal services, utilities, and infrastructure.

            (2)   Adequate water supply and sewage disposal in compliance with the McHenry County Public Health Ordinance.

            (3)   Compatibility with, and mitigation of, any potential impact upon, adjacent property.

            (4)   Site illumination designed and installed to minimize adverse impact on adjacent properties.

         d.   Landscape and the arrangement of open space or natural features designed to:

            (1)   Create a desirable and functional environment for motorists, pedestrians, bicyclists, and occupants of residences and businesses. To achieve such an environment, landscape may take advantage of open space design features such as bike paths, running paths, and outdoor relaxation areas.

            (2)   Preserve unique natural resources, including preservation and protection of existing healthy, mature trees.

            (3)   Protect natural resources and landscape on adjacent sites.

            (4)   Design drainage facilities to promote retention of water onsite and preservation of natural watercourses and patterns of drainage.

            (5)   Utilize plant materials suitable to withstand the climatic conditions of the County and microclimate of the site.

            (6)   Use of screening to buffer the impact of the development on adjacent uses and screen incompatible uses and certain site elements, creating a logical transition to contiguous lots and developments.

         e.   Circulation systems and off-street parking designed to:

            (1)   Provide adequate and safe access to the site for motor vehicles as well as alternate modes of transportation, including pedestrians and bicyclists.

            (2)   Minimize potentially dangerous traffic movements.

            (3)   Separate pedestrian and auto circulation, and provide for bicycle parking or storage insofar as practical.

            (4)   Minimize curb cuts by using cross-access easements and shared parking.

            (5)   Design off-street parking lots or garages to minimize adverse impacts on adjacent properties, particularly through the use of perimeter and interior landscape, and promote logical and safe parking and internal circulation.

            (6)   Clearly define pedestrian access from the parking area to the structures.

         a.   An application for an amendment to an approved site plan shall be submitted to the Department of Planning and Development. Amendment applications shall include a written description of the proposed change, including the reason for such change, and a notation of the location on the approved site plan.

         b.   Minor changes, as required by technical engineering or other physical site circumstances not foreseen at the time that the site plan was approved, may be authorized by the Zoning Enforcement Officer, who reserves the right to forward any such request to the Staff Plat Review Committee for approval. All other changes require approval by the Staff Plat Review Committee.

         c.   The Zoning Enforcement Officer may decide that the proposed change or changes to the approved site plan is such a significant change that it constitutes a new application and is subject to the complete site plan review provisions of this section, including fees.

         d.   The Staff Plat Review Committee may determine that a proposed amendment to an approved site plan requires submittal of a revised site plan for proper evaluation. Submittal of the revised site plan only requires those components of the submittal package impacted by the proposed change. Until such revised site plan is submitted, the application is not considered complete. Nothing within this section prevents an applicant from submitting a revised site plan with the amendment application at the time of initial submission.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.5; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-202304-12-016, passed 4-18-2023)

      1.   An application for a map correction shall be filed with the Department of Planning and Development. All applications for a map corrections shall be filed in accordance with the requirements in § 16.16.020 (Application).

      2.   If the map correction is proposed by the Zoning Enforcement Officer, notification shall be provided to the person who last paid taxes on the property in accordance with the records of the McHenry County Treasurer’s Office. The County shall mail notice by certified mail no less than fifteen (15), but no more than thirty (30), calendar days prior to the date the map correction is to be considered by the County Board.

      3.   The County Board may either approve or deny the application for a map correction. The County Board shall not approve a map correction if the property owner objects. In such a situation, the procedures in § 16.20.010 (Zoning Map and Text Amendment) shall be utilized.

      4.   No application for a map correction, which has been denied by the County Board, may be resubmitted to County Board for a period of one (1) year from that date of denial, as described in § 16.16.020G. (Successive Applications).

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.6; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.7; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   D.   Procedure. Upon the filing of an application for a permit for construction, alteration, or relocation of a sign, the Zoning Enforcement Officer and Building Enforcement Officer determine whether the application is complete. Once it is determined that the application is complete, the Zoning Enforcement Officer and Building Enforcement Officer will issue a permit if the sign complies with the requirements of this Ordinance and all other ordinances.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.8; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   C.   Authority. The Zoning Board of Appeals may review only those decisions of the Zoning Enforcement Officer that are directly related to the zoning provisions of this Unified Development Ordinance. The Zoning Board of Appeals may review the Zoning Enforcement Officer’s decisions with respect to the classification of uses under § 16.32.060D. (Zoning District Uses). The zoning provisions include Chapter 16.72 (Signs), but exclude Chapter 16.76 (Subdivision Standards). Other decisions and actions that are the responsibility of the Zoning Enforcement Officer, but are based on ordinances separate from this Unified Development Ordinance, cannot be appealed under this process.

      1.   Zoning appeals are filed with the Department of Planning and Development. All applications for a zoning appeal shall be filed in accordance with the requirements in § 16.16.020 (Application). Upon the filing of an application for an appeal of a Zoning Enforcement Officer determination, the Zoning Board of Appeals will review the appeal within ninety (90) calendar days.

      2.   The Zoning Board of Appeals may reverse, affirm or modify the determination. A concurring vote of five (5) members of the Zoning Board of Appeals is necessary to reverse any determination of the Zoning Enforcement Officer. The Zoning Board of Appeals decision shall be on the record.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.9; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

      1.    An application for a temporary use permit shall be filed with the Zoning Enforcement Officer in accordance with the requirements in § 16.16.020 (Application) at least 30 days in advance of the date of the event. The Zoning Enforcement Officer may allow application close than 30 days in advance of the date of the event. An increased permit application fee may be assessed for permit applications submitted close than 30 days in advance of the date of the event.

      2.   The Zoning Enforcement Officer may grant temporary use permits for those temporary uses listed in § 16.56.040 (Temporary Use Standards) when it is determined that the proposed temporary use complies with all requirements of this Ordinance and the standards of subsection E. below (Standards). Unless otherwise permitted by this Ordinance, every temporary use or structure shall comply with the bulk requirements applicable in the district in which it is located.

      3.   Every temporary use shall comply with this Ordinance and all local regulations. The Zoning Enforcement Officer or County Board may impose other conditions as part of the temporary use permit approval to achieve the purposes of this Ordinance and to protect the public health, safety, and welfare.

      4.   Multiple event periods require a temporary use permit for each scheduled event period.

      5.   The temporary use permit is issued for the days of the event. A temporary use permit is not required for the additional days necessary for event set-up or clean-up.

      1.   The temporary use will not cause or threaten to cause an on-site or off-site threat to the public health, safety, and welfare.

      2.   The temporary use will be operated in accordance with fire department restrictions and conditions.

      3.   The additional vehicular traffic reasonably expected to be generated by a temporary use will not have undue detrimental effects on surrounding streets and uses, and does not block handicapped or fire lanes.

      4.   The temporary use will not unreasonably reduce the amount of parking spaces available for use in connection with any permanent uses located on the same zoning lot.

      5.   The temporary use will not conflict with another previously authorized temporary use for the same zoning lot.

      6.   Provisions have been made for waste disposal (solid, animal, and human) and for clearing debris, to be approved by the Department of Health.

      7.   Temporary food establishments will be operated in accordance with County ordinances, to be approved by the Department of Health.

      8.   A security plan acceptable to the McHenry County Sheriff with security personnel

provided by an Illinois-licensed security contractor agency licensed by the State of Illinois Department of Financial and Professional Regulations to provide such security services, or by the Sheriff’s Department.

      9.   The location of paved or graded ingress and egress for emergency, police, and regulatory traffic, including parking areas and traffic control locations.

      10.   General liability insurance in an amount determined by the Zoning Enforcement Officer is required for all temporary use events. McHenry County shall be listed as a named insured. Additionally, dram shop insurance is required for any temporary use event at which liquor is to be sold.

      11.   If applicable, the appropriate liquor license, issued pursuant to the McHenry County Liquor Control Ordinance.

      12.   All other state and/or federal permits have been issued, as required.

      13.   The maximum number of persons to be on-site per day, including staff, participants and spectators.

      14.   All structures used for a temporary use meet the building-code requirements for that occupancy.

      15.   The time required for event set-up and tear-down is specified and reasonable, as determined by the Zoning Enforcement Officer.

      16.   All temporary use events with an anticipated attendance of greater than 500 at any given time shall have an Incident Action Plan approved by the McHenry County Emergency Management Agency. The Incident Action Plan shall include law enforcement, fire, public health, and public works/transportation roles and responsibilities during the operational periods of the event. The McHenry County Emergency Management Agency will coordinate development of the Incident Action Plan with the applicant and appropriate agencies.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 5.10; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-2023-12-ZBA-074, passed 12-19-2023)