The County Board shall have all the authority granted by State law, including the following powers and duties in regard to these regulations:

1.

To approve the County Board Chairman's appointments to the Zoning Board of Appeals (hereinafter "ZBA").

2.

To adopt, review, and amend the Comprehensive Plan of the County as it may deem necessary and appropriate.

3.

To initiate, review, and adopt amendments to the text of these regulations and to the Zoning District Map after recommendation by the ZBA.

4.

To review, grant, or deny applications for special use permits after recommendation by the ZBA.

5.

To review, grant, or deny waivers from Section 3.16 ("Plat Approval") and Article 8 Subdivisions subject to the requirements of Section 3.15 ("Subdivision Waivers and Appeals").

6.

To hear, review, and decide appeals of determinations of an appointed Plat Officer in accordance with Section 3.15.5, Appeals.

7.

To review, grant or deny variations from Section 7.1 ("Telecommunications Carrier Facilities").

8.

To take such other action not delegated to the ZBA as the County Board may deem desirable and necessary to implement the provisions of these regulations and the Comprehensive Plan.

There is hereby established a Zoning Board of Appeals (hereinafter "ZBA").

2.2.1

Powers and Duties. The ZBA shall have the following powers and duties:

1.

To review and analyze all information filed with the Zoning Administrator in each case prior to all public hearings, and if deemed necessary, to personally inspect the physical property which is the subject of the petition.

2.

To attend all hearings and deliberative sessions. Those members not present at the hearing shall not participate in the decision of the case, unless they have listened to the entire tape of the hearing and have reviewed the entire case file.

3.

To make complete detailed findings of fact of each case, when required, and furnish such findings to the Secretary.

4.

To hear, review, and make recommendations to the County Board concerning special use permits in accordance with the provisions of Section 3.5 ("Special Use Permits") of these regulations.

5.

To hear, review, and make recommendations to the County Board concerning amendments to the text of these regulations and the Zoning District Map in accordance with the provisions of Section 3.6 ("Text and Map Amendments") of these regulations.

6.

To hold hearings, review, and make decisions in regard to applications for variances in accordance with the provisions of Sections 3.7 ("Variances"), 3.9 ("Telecommunications Carrier Facilities-Variances"), 7.14 ("Floodplain Regulations"), and 7.15 ("Swimming Pools") of these regulations.

7.

To hear, review, and decide appeals from administrative decisions made by the Zoning Administrator or other administrative official concerning any order, requirement, or determination in accordance with the provisions of Section 3.8 ("Appeals of Administrative Decisions") and Section 7.14 ("Floodplain Regulations") of these regulations.

8.

To incur expenditures as shall be authorized by the County Board.

9.

To adopt such rules to govern its proceedings as are necessary for the administration of its responsibilities, not inconsistent with State law or these regulations.

2.2.2

Powers and Duties of the Chairman and the Vice Chairman. The Chairman of the ZBA, and in his absence, the Vice Chairman, shall have the following powers and duties:

1.

To supervise the affairs of and preside at all meetings of the ZBA.

2.

To appoint such committees and sub-committees of the ZBA as may be necessary to carry out the purposes of the ZBA and to be an ex-officio member of all such committees.

3.

To administer the oaths and compel the attendance of a witness before the ZBA.

2.2.3

Conflict. Any member of the ZBA who has a direct or indirect interest in a matter before the ZBA, or who lives within five hundred (500) feet of any property which is the subject of ZBA action, shall disclose such fact at the hearing, prior to voting on the matter. If such member has a direct or indirect financial interest in such property, he shall not sit with the ZBA nor act with the ZBA in such matter under consideration.

2.2.4

Membership, Appointment, Removal, Terms, and Vacancies.

1.

The ZBA shall be composed of seven (7) members and two (2) alternate members appointed by the Chairman of the County Board, with the advice and consent of the County Board.

2.

Upon his appointment, the Chairman of the County Board shall name one of the members of the ZBA as Chairman, and in the case of a vacancy, he shall name a successor Chairman. The other officers of the ZBA shall be a Vice Chairman named by the ZBA, and a Secretary who shall be the Zoning Administrator.

3.

All members shall serve a term of five (5) years. Alternate members shall serve as members of the ZBA only in the absence of regular members, with the alternate member who has the greatest amount of time remaining on his term to have priority over the other alternate member.

4.

All members appointed to the ZBA shall serve no more than two (2) consecutive terms. Partial terms do not count towards the two-term limit.

5.

Members may be removed for cause prior to the expiration of their term of appointment by majority vote of the County Board, after a public hearing and upon giving ten (10) days' notice thereof.

6.

In the event of a vacancy caused by the death, removal for cause, or resignation of a member of the ZBA, a successor shall be named by the Chairman of the County Board for the unexpired term, subject to confirmation by the County Board at its next meeting.

2.2.5

Quorum and Necessary Vote.

1.

Except as provided in subsection 2.2.5-4 below, no meeting of the ZBA may be called to order, nor may any business be transacted without a quorum consisting of four (4) members of the ZBA being present. The Chairman shall be considered and counted as a member.

2.

All questions which arise at meetings shall be determined by the votes of the majority of members present.

3.

The concurring vote of at least four (4) members shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant in any matter upon which it is required to pass under these regulations.

4.

Public hearings may be held with less than a quorum of the members, provided:

a.

Three (3) members are present;

b.

The hearing consists of taking evidence and hearing arguments only. No deliberations on any issue shall take place;

c.

The absent members listen to the tape recording of the hearing and read the official record of the hearing prior to deliberating on the matter; and

d.

The deliberation of the ZBA occurs at a subsequent time at which at least a quorum of the members are present.

2.2.6

Hearing Procedures.

1.

Applicability. The procedures set out in this subsection shall be applicable to all public hearings before the ZBA that are required by any provision of these regulations.

2.

Hearings.

a.

All meetings of the board of appeals shall be held at the call of the chairman and at such times and places within the county as the board may determine.

b.

Regular meetings may be canceled by the Chairman of the ZBA when there are no cases pending. Notification must be given to members not less than forty-eight (48) hours prior to the time set for such meeting.

c.

Special meetings may be called by the Chairman of the ZBA at his discretion or upon the request of two (2) or more members of the ZBA, provided that forty-eight (48) hours notice is given to each member and to the media.

d.

In the event that the Chairman and Vice Chairman of the ZBA are absent during a regular or special meeting, the members present shall select one of the members present to act as Chairman pro tem.

e.

If a matter is postponed due to a lack of a quorum or any other reason, the Chairman of the ZBA shall continue the meeting to be held at the same location at the next available meeting date or as otherwise agreed to by the petitioner and the ZBA. The Secretary shall notify all members of the date of the continued meeting.

f.

All meetings and hearings of the ZBA shall be open to the public.

g.

Public hearings shall be set for a time certain.

3.

Hearing Notice.

a.

Provision and Distribution of Notice.

1.

A copy of the notice shall be sent by mail to each owner of record, if different from the applicant, of any land on which development is proposed;

2.

At least fifteen (15) days before the hearing before the ZBA, a copy of the notice shall be sent by mail to any person owning property adjacent to or immediately across any street, alley, or public right-of-way from the petitioned property.

3.

At least fifteen (15) days before the hearing before the ZBA, a copy of the notice shall be sent by mail to any municipality whose boundaries are within one and one-half (1½) miles of any part of the area proposed to be classified as a special use.

4.

At least fifteen (15) days before the hearing before the ZBA, a copy of the notice shall be sent by mail to any township planning commission and the township road commissioners.

5.

At least fifteen (15) days before the hearing before the ZBA, a weatherproof sign at least four (4) square feet in surface area shall be conspicuously posted along each right-of-way of each property that is the subject of a request before the ZBA. Said sign shall remain posted until the conclusion of the public hearing. Failure to comply with the provisions of this subsection shall not render the public hearing invalid, provided that good faith effort was made to comply; and

6.

A copy of the notice shall be posted in the Planning and Zoning Department.

b.

Notice Content. The notice to be published and mailed shall contain at a minimum the following.

1.

The location, date, and time of the hearing.

2.

A summary of the petition including the petitioner's name.

3.

The particular location of the property for which the request is made by legal description, and street address. If no street address exists, then by locating such real estate with reference to any well-known landmark, highway, road, thoroughfare, or intersection. The notice shall also include the parcel identification number (PIN).

4.

A statement as to whether the applicant is acting for himself or in the capacity of an agent, an alter ego, or a representative of a principal. The applicant shall include the name and address of the true principal.

5.

For Special Uses and Variances, a statement as to whether the applicant is a corporation, and if a corporation, disclose the correct names and addresses of all officers and directors and of all stockholders or shareholders owning any interest in excess of twenty (20) percent of all outstanding stock or shares of such corporation.

6.

For Special Uses and Variances, a statement as to whether the applicant, or his principal if other than the applicant, is a business or an entity doing business under an assumed name, and if so, the name and residence of all true and actual owners of such business or entity.

7.

For Special Uses and Variances, a statement as to whether the applicant, or his principal if other than the applicant, is a partnership, a joint venture, a syndicate, or an unincorporated voluntary association, and if so, include the names and addresses of all partners or members of the partnership, joint venture, syndicate, or unincorporated voluntary association.

c.

Notice Publication.

1.

At least fifteen (15) days notice of the time and place of such public hearing before the ZBA shall be published in a newspaper of general circulation published in the County as well as in a newspaper of general circulation published in the township or road district in which such property is located.

2.

If no such newspaper is published in such township or road district, then such notice shall be published in a newspaper of general circulation published in the County and having circulation where such property is located.

3.

Notice shall be mailed to the entities identified in subsection 2.2.6-3.a, above at least fifteen (15) days before the hearing before the ZBA.

4.

Hearing Location.

a.

Specific Proposals. Public hearings for specific proposals, including variances, special uses, and map amendments, shall be held in the County Courthouse. However, if the owners of any property affected by a map amendment so requests in writing, such hearing shall be held in the township or road district affected by the terms of such proposed map amendment.

b.

General Proposals. Public hearings for public uses that are more general in character, that affect either public operations or the public interest, and for text amendments may be held in the County Courthouse instead of within the particular township or road district.

5.

Hearing Conduct. Hearings shall be conducted pursuant to the Rules of Order adopted by the ZBA.

6.

Action by the Zoning Board of Appeals.

a.

General. Except as otherwise provided herein, the ZBA shall render its decision as soon as practicable after the close of the public hearing on the matter.

b.

Findings. All decisions of the ZBA shall be in writing and shall include at least the following:

1.

Findings relevant to the standards governing the application for development approval under consideration;

2.

Conclusions regarding each standard applicable to the proposed development; and

3.

A final recommendation or final decision.

c.

Notification. Notification of all recommendations and decisions shall be mailed to the applicant and the owner of record if different from the applicant.

2.2.7

Order of Business. All meetings of the ZBA shall proceed as follows:

1.

Call meeting to order and declaration of quorum.

2.

Announce hearing procedures and deliberation date.

3.

Call items on agenda as published.

4.

Unfinished business.

5.

New business.

6.

Adjournment.

2.2.8

Secretary.

1.

The Zoning Administrator shall act as the Secretary to serve the ZBA and shall attend all meetings and hearings of the ZBA.

2.

The Secretary shall keep minutes of all proceedings of the ZBA, which minutes shall be a summary of all proceedings before the ZBA, attested to by the Secretary, and which shall include the vote of each member upon every question, or if absent or failing to vote, indicating such facts. The minutes shall also include the names and addresses of all persons appearing before the ZBA.

3.

The minutes shall be approved by a majority of the members of the ZBA voting.

4.

Every rule, regulation, or amendment, every repeal thereof, and every order, requirement, decision, or determination of the ZBA shall be immediately filed in the office of the ZBA at the office of the Zoning Administrator and shall be a public record.

5.

The Secretary shall maintain a Docket of Cases and shall note each appeal or application. Each case shall be numbered consecutively and all records relating thereto shall carry such number and shall be heard in the order prescribed by the Chairman.

6.

The Secretary shall maintain all records of ZBA meetings, hearings and proceedings, shall conduct the official correspondence of the ZBA, and shall administer the clerical work of the ZBA, including the maintenance of a mailing list of persons wishing to receive notice of meetings, agendas or minutes and who have paid an annual fee set by the County Board to cover copying and mailing costs.

7.

All records shall be a public record and the Secretary shall be the custodian of the files of the ZBA.

2.2.9

Technical Consultant. The Zoning Administrator, or his delegate, shall also be the technical consultant to the ZBA and shall attend public hearings of the ZBA. The technical consultant's reports shall be included in the minutes and shall be a part of the record of the ZBA.

2.2.10

Legal Consultant. The State's Attorney of Peoria County, or his designated Assistant, shall be consulted on all legal questions, parliamentary questions, and interpretations of questions where the powers of the ZBA are not clearly defined, and shall generally serve as Legal Counsel to the ZBA.

2.2.11

Agenda Limits. Any Hearing conducted by the ZBA shall be limited to a maximum of twelve (12) new cases plus any continuations or deliberations rescheduled from a previous hearing. If more than twelve (12) cases are filed with the Zoning Administrator for a hearing, the first twelve (12) cases filed in chronological order shall be scheduled for the hearing. The remaining cases shall be scheduled for the next available hearing.

(Res. of 7-12-12; Ord. of 7-9-20)

The Zoning Administrator, and his staff at the County Department of Planning and Zoning, shall perform the planning functions for the County, shall provide technical support and guidance for action on applications for development approval, and shall perform such other functions as may be requested by the County Board and the ZBA. The Zoning Administrator shall coordinate the review of all applications for development approval by the County Department of Planning and Zoning and other County departments.

2.3.1

Creation and Appointment. The Zoning Administrator shall be the department head of the County Department of Planning and Zoning and shall be appointed by and serve at the pleasure of the County Board.

2.3.2

Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Zoning Administrator by other ordinances, the Zoning Administrator shall have the following jurisdiction, authority and duties:

1.

Act as the enforcing officer of these regulations and make, or cause to be made, periodic inspections of all work authorized by permits issued in accordance with these regulations and make, or cause to be made, investigations of violations of these regulations and cause any such violations to be corrected.

2.

Serve as both the Secretary and the Technical Consultant to the ZBA and inform such body of all facts and information at his disposal with respect to applications for development approval or any other matters brought before it.

3.

Assist in the preparation and review of the County's Comprehensive Plan, any special area plans, these regulations, and any proposed amendments thereto.

4.

Maintain the Zoning District Map.

5.

Maintain development review files and other public records of all official actions taken by the Department of Planning and Zoning with respect to the administration and enforcement of these regulations.

6.

Review all applications for permits for the construction, enlargement, structural alteration, conversion, or relocation of any building or structure.

7.

Review and recommend approval or disapproval of applications for special use permits, variances subject to Section 3.9 ("Telecommunications Carrier Facilities Variances") and amendments to these regulations.

8.

Issue building permits and certificates of occupancy, and inspect, if necessary, the building for which the permit or certificate applies.

9.

Evaluate and act upon claims of nonconforming uses and structures and issue certificates of nonconforming use.

10.

Issue development compliance certificates and sign pre-application conference letters of understanding in accordance with these regulations.

11.

Determine whether an application for development approval is materially different from a previously denied application.

12.

Issue written notice to the person responsible for any violation of these regulations.

13.

Take, or cause to be taken, any other action necessary to ensure compliance with, and prevent the violations of, the provisions of these regulations.

14.

Coordinate all local, regional, state and federal environmental and other land development permitting processes affecting development in the County.

15.

Review and evaluate all planned transportation improvements for the County with the County Highway Department.

16.

Establish such rules of procedure as are necessary for the administration of his responsibilities under these regulations.

17.

Whenever requested by the County Board or by his own initiative, with the assistance of other County departments, conduct or cause to be conducted, surveys, investigations and studies, and prepare or cause to be prepared, such reports, maps, photographs, charts and exhibits as may be requested or desired.

2.3.3

Additional Duties Concerning Flood Administration. In addition to those duties and powers set forth in Section 2.3.2, Jurisdiction, Authority and Duties, above, the Zoning Administrator shall have the following powers and duties in areas designated as "Special Flood Hazard Areas" by the Flood Insurance Study:

1.

Periodically inspect buildings, structures, and uses of land to determine compliance with the provisions set forth for floodplain management.

2.

Notify in writing any person responsible for violating any provisions set forth for floodplain areas, indicating the nature of the violation and ordering action that is necessary to correct such violations.

3.

Order a discontinuance of the illegal construction of buildings or structures below the Base Flood Elevation, as determined by a Flood Insurance Study, and the Flood Protection Elevation.

4.

Maintain a current file of all floodplain development permits, elevation certificates, notices of violation, statewide IDNR permits, Letters of Map Amendment, Letters of Map Revision, Non-Conversion Deeds, discontinuances or removals for such time as necessary to ensure continued compliance with the provisions of these regulations, and on request, provide information to any person having proprietary or tenancy interest in any specific property.

5.

Determine damage caused to property and structures as a result of flooding events. Maintain a current file of all damage caused to structures as it relates to substantial damage determinations.

6.

Maintain all flood related information as it relates to the Community Ratings System (CRS) and prepare required documentation for CRS Cycle Visits.

7.

Issue Floodplain Verification upon property owner request.

The plat officer shall be appointed by the County Board.

2.4.1

Jurisdiction, Authority, and Duties. In addition to the jurisdiction, authority, and duties which may be conferred upon the Plat Officer by other sections, the Plat Officer shall have the following jurisdictions, authority, and duties:

1.

Administer and enforce Sections 3.15 ("Subdivision Waivers and Appeals"), 3.16 ("Plat Approval") and Article 8, Subdivisions.

2.

Make or cause to be made investigations of violations of Section 3.16 ("Plat Approval") and Article 8 Subdivisions and shall cause any violations to be corrected.

3.

Review, approve, or deny tract surveys and subdivision plats.

4.

Collect appropriate tract survey or subdivision review fee.

5.

Comply with appropriate review timelines.

6.

Coordinate inspections of improvements with the County Highway Department and township road commissioner and the developer's licensed engineer for street construction and the County's Erosion, Sediment, and Stormwater Control Review Consultant for erosion and stormwater control measures.

7.

Review and recommend approval or disapproval of applications for waivers to these regulations.

8.

Require appropriate financial security when improvements are proposed.

2.5.1

Jurisdiction, Authority, and Duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Erosion Control Administrator by other sections, the Erosion Control Administrator shall have the following jurisdiction, authority and duties:

1.

Administer and enforce Sections 3.12 ("General Erosion and Sediment Control Permits"), 3.13 ("Erosion, Sediment, and Stormwater Control Permits") and 7.13 ("Erosion, Sediment, and Stormwater").

2.

Review, approve, or deny applications for General Erosion and Sediment Control Permits and Erosion, Sediment, and Stormwater Control Permits.

3.

Review and collect financial security as required for Erosion, Sediment, and Stormwater Control Permit.

4.

Make or cause to be made periodic inspections of all work authorized by permits issued in accordance with Sections 3.12 ("General Erosion and Sediment Control Permits"), 3.13 ("Erosion, Sediment, and Stormwater Control Permits"), and 7.13 ("Erosion, Sediment, and Stormwater Control").

5.

Make or cause to be made investigations of violations of Sections 3.12 ("General Erosion and Sediment Control Permits"), 3.13 ("Erosion, Sediment, and Stormwater Control Permits"), and 7.13 ("Erosion, Sediment, and Stormwater Control") and cause any violations to be corrected.

The Appeals Board is hereby authorized to be established.

2.6.1

Powers and Duties. The Appeals Board shall consider and decide upon appeals of any decision, order, or requirement of the erosion control administrator made pursuant to this chapter. The Appeals Board shall be the same as the Building and Property Maintenance Code Board of Appeals established in Chapter 12 of this code and shall follow the procedures and regulations under Section 109 of the 2006 International Mechanical Code.

2.6.2

Appeals to the Erosion Control Appeals Board.

1.

Any person directly aggrieved by any decision, order, requirement, or determination of the Erosion Control Administrator made pursuant to Sections 3.12 ("General Erosion and Sediment Control Permits"), 3.13 ("Erosion, Sediment, and Stormwater Control"), and 7.13 ("Erosion, Sediment, and Stormwater Control"), shall have the right to appeal such action to the Appeals Board.

2.

Such appeal shall be made within thirty-five (35) days from the date of the action appealed from, shall be filed in writing, and shall include a short, concise statement of why the action is being appealed.

3.

The fee, as set forth in Appendix A, for such an appeal shall be payable to the Department of Planning and Zoning and is due with the application. In addition, the person filing the appeal shall pay all required publication costs associated with the appeal.

4.

Upon receipt of a notice of appeal, the Department of Planning and Zoning shall set a date for a public hearing before the Appeals Board. Such public hearing shall be set in accordance with the provisions of Section 109 of the 2006 International Mechanical Code. 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. The Appeals Board shall decide the appeal within seven (7) days after the conclusion of the public hearing. The Appeals Board may affirm, modify or reverse any appealed action.

2.6.3

Appeals to Court. Appeals from the Appeals Board shall be made in conformity with the provisions of the Illinois Administrative Review Act, 735 ILCS 5/3-101 et seq. Copies of any orders or proceedings ordered by the appellant shall be furnished to him at his own cost.