(A)   Applicability. The "common provisions" of this section apply to all of the procedures in this article unless otherwise expressly stated.

   (B)   Review and decision-making authority (summary table). The following table provides a summary of the review and approval procedures of this article. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this article, the detailed procedures govern.

 

   (C)   Applications and fees.

      (1)   Form of application.

         (a)   Applications required under this zoning ordinance must be submitted in a form and in such numbers as required by the Zoning Administrator.

         (b)   The Zoning Administrator must develop checklists of application submittal requirements and make those checklists available to the public.

      (2)   Application filing fees. Applications must be accompanied by the fee amount that has been established by the County Board.

      (3)   Application completeness, accuracy and sufficiency.

         (a)   An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required filing fee.

         (b)   The Zoning Administrator must make a determination of application completeness within seven business days of application filing.

         (c)   If an application is determined to be incomplete, the Zoning Administrator must provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 60 days, the application will be considered withdrawn.

         (d)   No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle.

         (e)   Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with applicable review and approval procedures of this zoning ordinance.

         (f)   The Zoning Administrator may require that applications or plans be revised before being placed on an agenda for possible action if the Zoning Administrator determines that:

            1.   The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with zoning ordinance requirements or other regulations;

            2.   The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/ application's compliance with zoning ordinance requirements or other regulations; or

            3.   The decision-making body does not have legal authority to approve the application or plan.

   (D)   Public hearings (process and notices).

         (b)    Subject to division (D)(2)(d) of this section, a public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for a specified date and time and that date and time is announced at the time of the continuance.

         (c)   If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public notice must be given before the rescheduled public hearing. If the applicant requests a postponement, the applicant must pay any costs of renotification.

         (d)   In furtherance of the intent of division (D)(2)(a) of this section, in the sole discretion of the Zoning Administrator, with costs to be borne by the applicant, new public hearing notice shall again be provided by the applicant pursuant to the provisions of division (D)(3) of this section, when the original public hearing has been continued.

      (3)   Public hearing notices.

         (a)   Newspaper notice. Whenever the provisions of this zoning ordinance require that newspaper notice be provided, the notice must be published in a newspaper of general circulation in Will County at least 15 days before and no more than 30 days before the public hearing.

         (b)   Delivered notice.

            1.   Unless otherwise expressly stated, whenever the provisions of this zoning ordinance require that notices be delivered to property owners, the notices must be sent by the applicant via United States Postal Service Certified mail (return receipt requested) or by personal service or hand delivery. Notices must be deposited in the mail or delivered at least 15 days before and no more than 30 days before the public hearing.

            2.   Addresses must be based on the latest property ownership information available. Delivered notice is required to be provided as a courtesy. Alleged failure of parties to receive such notice does not constitute grounds to invalidate any action taken.

            3.   Prior to the public hearing, the applicant must provide certified mail receipts, courier service receipts, property owner signatures or other verification that notice was delivered in accordance with the requirements of this section.

         (c)   Posted notice (signs). When the procedures of this zoning ordinance require that posted notice be provided, the applicant is responsible for posting signs provided by Zoning Administrator in accordance with the following requirements. Failure to post signs in accordance with these requirements constitutes grounds for deferral or denial of the application.

            1.   At least one sign must be posted per 500 linear feet of street frontage with a minimum of one sign on each street abutting the subject property.

            2.   Signs must be posted at least 15 days before and no more than 30 days before the public hearing.

            3.   Prior to the public hearing, the applicant must provide a sworn certification to the Planning and Zoning Commission secretary that notice was posted upon the subject property in accordance with the requirements of this section.

            4.   The applicant is responsible for removing notice signs within five days of the conclusion of the public hearing. If the applicant fails to remove signs in accordance with these requirements, the Zoning Administrator is authorized to have the signs removed and to bill the applicant for the cost of removal.

            5.   The Zoning Administrator may modify the sign posting requirements of this section when the requirements are found to be inappropriate or ineffective in providing the intended notice to passersby. This authority rests solely with the Zoning Administrator and not with the applicant. Modifications may include sign content, format, size, material, quantity, and location.

         (d)   Content of notices. All required public hearing notices must:

            1.   Indicate the date, time and place of the public hearing or date of action that is the subject of the notice;

            2.   Describe any property involved in the application by address or by general description of the location;

            3.   Describe the general nature, scope and purpose of the application or proposal; and

            4.   Indicate where additional information on the matter can be obtained.

   (E)   Action by review bodies and decision-making bodies.

      (1)   Review and decision-making bodies may take any action that is consistent with:

         (a)   The regulations of this zoning ordinance;

         (b)   Any rules or by-laws that apply to the review or decision-making body; and

         (c)   The notice that was given.

      (2)   Review and decision-making bodies are authorized to defer action or continue a public hearing in order to receive additional information or further deliberate.

      (3)   Review and decision-making bodies are authorized to defer action, continue the public hearing or deny an application whenever the applicant fails to appear for a scheduled and advertised public hearing or whenever the applicant fails, at more than one meeting, to provide the documentation necessary to demonstrate compliance with the notice requirements of this zoning ordinance.

   (F)   Conditions of approval. When decision-making bodies approve applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.

   (G)   Decision-making criteria; burden of proof or persuasion. Applications must address relevant review and decision-making criteria. In all cases, the bur-den is on the applicant to show that an application complies with all applicable review or approval criteria.

   (A)   Authority to file. Amendments to the text of this zoning ordinance may be initiated only by the County Board or the Planning and Zoning Commission.

   (B)   Review and report—Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed zoning ordinance text amendment in light of the review criteria of § 155-16.30(G). The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed text amendment.

   (C)   Notice of hearing. Notice of the Planning and Zoning Commission's required public hearing on a zoning ordinance text amendment must be published in the newspaper in accordance with § 155-16.10(D)(3).

   (D)   Hearing and recommendation—Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed text amendment. Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the County Board.

   (E)   Review criteria. The Planning and Zoning Commission may not recommend approval of a zoning ordinance text amendment unless it finds that the proposed amendment is in the public interest. The Planning and Zoning Commission must make findings based on the evidence presented to it in each specific case with respect to the following matters:

      (1)   Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition; and

      (2)   Whether the proposed zoning ordinance text amendment is consistent with adopted plans and policies of the county.

   (F)   Final action—County Board.

      (1)   Upon receipt of the Planning and Zoning Commission's findings and recommendation, the County Board may act to approve the proposed zoning ordinance text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The County Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.

      (2)   Zoning ordinance text amendments may be approved by a simple majority vote of the entire County Board, except that in the following cases approval of a zoning ordinance text amendment requires at least a three-fourths majority vote of the entire County Board:

         (a)   If a written protest petition (See also division (G) of this section) against the proposed zoning ordinance text amendment is signed and acknowledged by at least 5% of the land owners of the county; or

         (b)   An objection to the zoning ordinance text amendment is passed by the governing body of a zoned municipality within the county and filed in writing with the County Clerk prior to the County Board meeting at which action is taken on the proposed text amendment.

      (3)   If no action is taken by the County Board within six months after receipt of the report of the Planning and Zoning Commission, the proposed text amendment is deemed to have been denied.

   (G)   Protest petitions.

      (1)   A written protest petition opposing a zoning ordinance text amendment must be submitted to the County Clerk or on the public record before the County Board's vote, allowing sufficient time for the County Clerk to determine the validity of the petition.

      (2)   When a written protest petition has been submitted, the protest must be served by the protestors upon the applicant and upon the applicant's attorney, if any, by certified mail at the applicant's and attorney's addresses shown on the application.

(Ord. effective 10-1-2012)

   (A)   Authority to file. Amendments to the zoning map may be initiated only by the County Board, the Planning and Zoning Commission or by any other person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed zoning map amendment. Rezoning petitions may be filed by the property owner (described above) or by the owner's authorized agent.

   (B)   Application filing. Complete applications for zoning map amendments must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.

   (C)   Notice to Soil and Water Conservation District. Applicants requesting a proposed zoning map amendment must furnish a copy of the application to the Will/South Cook Soil and Water Conservation District. No hearing may proceed on the zoning map amendment until the Soil and Water Conservation District has submitted a written opinion on the application to the Planning and Zoning Commission or until at least 30 days have passed from the date of receipt of the application by the Soil and Water Conservation District, whichever occurs first.

   (D)   Review and report—Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed zoning map amendment in light of the review criteria of division (G) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed rezoning.

   (E)   Notice of hearing.

      (1)   Newspaper notice. Notice of the Planning and Zoning Commission's required public hearing on a zoning map amendment must be published in the newspaper in accordance with § 155-16.10(D)(3).

      (2)   Delivered notice. Notice of the Planning and Zoning Commission's required public hearing on a zoning map amendment must be delivered to the subject property owner and all owners of property abutting the subject parcel, in accordance with § 155-16.10(D)(3). Notice must also be delivered to the clerk of each municipality whose corporate limits are within one and one-half miles of the land proposed to be rezoned.

      (3)   Posted notice. Notice of the Planning and Zoning Commission's required public hearing on a zoning map amendment must be posted on the subject property in accordance with § 155-16.10(D)(3).

   (F)   Hearing and recommendation—Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed zoning map amendment. Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed map amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the County Board.

   (G)   Review criteria. The Planning and Zoning Commission may not recommend approval of a zoning map amendment unless it finds that the proposed amendment is in the public interest and is not solely for the interest of the applicant. The Planning and Zoning Commission must make findings based on the evidence presented to it in each specific case with respect to the following matters:

      (1)   Existing uses of property within the general vicinity of the subject property.

      (2)   The zoning classification of property within the general vicinity of the subject property.

      (3)   The suitability of the subject property for the uses allowed under the existing zoning classification.

      (4)   The trend of development, if any, in the general vicinity of the subject property, including changes, if any, that may have taken place since the time the subject property was placed in its present zoning classification.

      (5)   Consistency (or inconsistency) with officially adopted plans of the county.

      (6)   The Land Evaluation and Site Assessment (LESA) findings, computed by the USDA Natural Resources Conservation Service and the land use department, based on soil conditions, soil groupings, existing and proposed land use, surrounding zoning, availability of urban services, compatibility and impact of the proposed use, and consistency with adopted county and municipal plans.

   (H)   Final action—County Board.

      (1)   Upon receipt of the Planning and Zoning Commission's findings and recommendation, the County Board may act to approve the proposed zoning map amendment, approve the proposed zoning map amendment with modifications (e.g., reducing the land area or recommending another zoning classification) or deny the proposed zoning map amendment. The County Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so. 

      (2)   Zoning map amendments may be approved by a simple majority vote of the entire County Board, except that in the following cases approval of a zoning map amendment requires at least a three-fourths majority vote of the entire County Board:

         (a)   If a written protest petition (see also division (I) of this section) against the proposed zoning map amendment is signed and acknowledged by:

            1.   The owners of 20% or more of the land area proposed to be rezoned; or

            2.   The owners of land immediately touching or immediately across a street, alley, or public right-of-way from at least 20% of the perimeter of the land proposed to be rezoned.

         (b)   If the land that is the subject of the zoning map amendment lies within one and one-half miles of the limits of a zoned municipality and an objection to the zoning map amendment is passed by the governing body of the zoned municipality and filed in writing with the County Clerk prior to the County Board meeting at which action is taken on the proposed amendment.

      (3)   If no action is taken by the County Board within six months after receipt of the report of the Planning and Zoning Commission, the application is deemed to have been denied.

      (4)   Notwithstanding any other provisions to the contrary, if a zoning map amendment is proposed solely to correct an error made by the county as a result of a comprehensive rezoning, the map amendments may be passed at a County Board meeting by a simple majority of the entire County Board.

   (I)   Protest petitions.

      (1)   A written protest petition opposing a zoning map amendment must be submitted to the County Clerk or on the public record before the County Board's vote, allowing sufficient time for the County Clerk to determine the validity of the petition.

      (2)   When a written protest petition has been submitted, the protest must be served by the protestors upon the applicant and upon the applicant's attorney, if any, by certified mail at the applicant's and attorney's addresses shown on the application.

   (J)   Successive applications. In the event that a rezoning application is denied, no application may be accepted that proposes reclassification of any of the same property for the same zoning district for 12 months from the date of the previous Planning and Zoning Commission public hearing.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   (A)   Intent. The special use permit approval procedure of this section is intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.

   (B)   Authority to file. Special use permit applications may be filed by any person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed special use permit. Applications may be filed by the property owner (described above) or by the owner's authorized agent.

   (C)   Application filing. Complete applications for special use permits must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.

   (D)   Notice to Soil and Water Conservation District. Applicants requesting approval of a special use permit must furnish a copy of the application to the Will/South Cook Soil and Water Conservation District. No hearing may proceed on the special use permit application until the Soil and Water Conservation District has submitted a written opinion on the application to the Planning and Zoning Commission or until at least 30 days have passed from the date of receipt of the application by the Soil and Water Conservation District, whichever occurs first.

   (E)   Review and report—Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed special use in light of the standards of division (I) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed special use permit.

   (F)   Notice of hearing.

      (1)   Newspaper notice. Notice of the Planning and Zoning Commission's required public hearing on a special use permit application must be published in the newspaper in accordance with § 155-16.10(D)(3).

      (2)   Delivered notice. Notice of the Planning and Zoning Commission's required public hearing on a special use permit application must be delivered to the subject property owner and all owners of property abutting the subject parcel, in accordance with § 155-16.10(D)(3). Notice must also be delivered to the clerk of each municipality whose corporate limits are within one and one-half miles of the land that is the subject of the special use permit application.

      (3)   Posted notice. Notice of the Planning and Zoning Commission's required public hearing on a special use permit application must be posted on the subject property in accordance with § 155-16.10(D)(3).

   (G)   Hearing and recommendation—Planning and Zoning Commission.

      (1)   The Planning and Zoning Commission must hold a public hearing on the special use permit application.

      (2)   Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed special use permit be approved, approved with modifications and/or conditions, or denied and transmit its findings and recommendations to the County Board.

   (H)   Final action—County Board.

      (1)   County Board decision process.

      (3)   The County Board may act by a simple majority vote of the entire County Board.

      (4)   If no action is taken by the County Board within six months after receipt of the report of the Planning and Zoning Commission, the application is deemed to have been denied.

   (I)   Review criteria and standards. No special use permit may be recommended for approval or approved unless:

      (1)   The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public's health, safety, morals, comfort, or general welfare.

      (2)   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood.

      (3)   Establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

      (4)   Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided to serve the proposed use.

      (5)   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

      (6)   The special use in all other respects conforms to the applicable regulation of the district in which it is located, except as such regulations may in each instance be modified by the County Board pursuant to the recommendation of the Planning and Zoning Commission.

   (J)   Lapse of approval.

      (1)   An approved special use permit will lapse and have no further effect two years after it is approved by the County Board, unless:

         (a)   A building permit or site development permit has been issued (if required);

         (b)   A certificate of occupancy has been issued; or

         (c)   The special use has been lawfully established.

      (2)   The County Board is authorized to extend the expiration period for good cause on up to four separate occasions, by up to 180 days each. Requests for extensions must be submitted to the Zoning Administrator before the special use permit expires. No hearings, notices or fees are required for extensions.

      (3)   A special use permit also lapses upon revocation of a building permit for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use permit.

      (4)   If any special use is abandoned, or is discontinued for a continuous period of one year or more, the special use permit for such use is void, and such use may not be reestablished unless and until a new special use permit is obtained in accordance with the procedures of this section.

   (K)   Successive applications. In the event that a special use permit application is denied, no application may be approved for substantially the same use on substantially the same site for 12 months from the date of denial by the County Board, unless the County Board determines that conditions in the area have substantially changed.

   (A)   Overview. There are two types of planned unit developments: one that requires concurrent approval of a special use permit and subdivision plat (because the property is being subdivided and is subject to county subdivision regulations) and one that requires concurrent approval of a special use permit and a development plan (because the property is not being subdivided and is subject to county subdivision regulations).

   (B)   Approvals required. Approval of special use permits and preliminary and final plats or development plans must occur before any building permit is issued and before any development takes place in a PUD. Permits may be issued for a development phase if a PUD preliminary plat or development plan has been approved for the entire PUD and a PUD final plat or development plan has been approved for the subject phase.

   (C)   Preapplication meeting. A preapplication meeting is required before filing of a PUD preliminary plat or development plan application. See Article 42 of the subdivision ordinance for information on preapplication meetings.

   (D)   Preliminary plats and development plans.

      (1)   Preliminary plats must be processed in accordance with the preliminary plat procedures of the subdivision ordinance (See Article 43).

      (2)   Preliminary plans (for single lot PUDs and developments that are not required to be subdivided) must be processed in a similar manner as preliminary plats, except that the Zoning Administrator assumes the role of the chief subdivision engineer (for administrative purposes) and the County Board assumes the role of the plat committee. The chief subdivision engineer continues to have authority over all engineering issues.

      (3)   Final approval of the preliminary plat or preliminary development plan is contingent on approval of a special use permit for the PUD.

      (4)   The following information must be submitted with the preliminary plat, unless waived by the Zoning Administrator based on a determination that specific item of information are irrelevant to the subject application or that a thorough and competent review of the application can be conducted without receiving the specific information:

         (a)   Architectural plan. Preliminary architectural plans for all principal buildings in sufficient detail to permit an understanding of the style of the development, the design of the buildings, and the number, size, type of dwelling units, location, and height, except for single-family structures proposed to be constructed in compliance with the applicable zoning district structural requirements.

         (b)   Plan compliance. Demonstration that the PUD will conform with the intent and spirit of the county comprehensive plan and the comprehensive plans of municipalities within one and one-half miles.

         (c)   School impact analysis. Information on the student count and financial impact on local school districts.

         (d)   Tax impact analysis. Information on the taxes to be generated by the proposed project and the cost for the various taxing bodies to provide the necessary services.

         (e)   Traffic study. A traffic study, in accordance with § 155-14.30.

         (f)   Economic feasibility. An economic feasibility study of the proposed development, including information on land utilization and marketing potential.

         (g)   Objectives. A statement of objectives to be achieved by the PUD. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.

         (h)   Character. Explanation of the character of the PUD and the manner in which it has been planned to take advantage of the flexibility of these regulations and referencing the specific public benefits that will be provided if the PUD is approved.

         (i)   Ownership. Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the County Recorder of Deeds. The site must be under single ownership and/or unified control at the time of final plat approval.

         (j)   Schedule. A development schedule indicating:

            1.   Stages in which the project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage must be shown on the plat/plan and through supporting graphic material.

            2.   Approximate dates for beginning and completion of each stage.

            3.   If different land use types are to be included within the PUD, the schedule must include the mix of uses to be built in each stage.

         (k)   Covenants. Proposed agreements, provisions, or covenants that will govern the use, maintenance, and continued protection of the PUD.

         (l)   Density. Data on the density (including density bonuses) of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each building and dwelling unit type. The base number of units allowed must be calculated by yield plan or yield formula in accordance with Article 31 of the subdivision ordinance.

         (m)   Nonresidential and common open space. Information on the type and amount of ancillary and nonresidential use, including the amount of common open space, if applicable.

         (n)   Service facilities. Information on all service facilities and off-street parking facilities.

   (E)   Special use permit. Special use approval for the PUD is required, in accordance with the procedures of § 155-16.40. A (tentatively) approved preliminary plat or preliminary development plan must be submitted as evidence before the Planning and Zoning Commission at the required public hearing. Proposed aspects of the project that do not comply with county regulations must also be identified at or before the hearing. Departure from any requirement specified in this zoning ordinance may be granted only upon recommendation of the Planning and Zoning Commission and final approval by the County Board. Special use permits for PUDs may be approved only if proposed development is found to comply with PUD regulations of § 155-9.200.

   (F)   Improvement plans. Improvement plans for PUDs involving the subdivision of land must be approved in accordance with Article 44 of the subdivision ordinance. A site development permit must be obtained prior to any construction.

   (G)   Final plat and development plan.

      (1)   Final plats must be processed in accordance with the final plat procedures of the subdivision ordinance (see Article 45).

      (2)   Final plans (for single lot PUDS and developments that are not required to be subdivided) must be processed in a similar manner as final plats, except that the Zoning Administrator assumes the role of the chief subdivision engineer (for administrative purposes) and the County Board assumes the role of the plat committee. The chief subdivision engineer continues to have authority over all engineering issues.

      (3)   All common open space must be conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the PUD, or retained by the developer with legally binding guarantees, in a form approved by the State's Attorney, verifying that the common open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or like entity is subject to the right of the entity to impose a legally enforceable lien for maintenance and improvements of the common open space.

   (H)   Amendments.

      (1)   Major amendments. Major amendments may be approved only through the procedure required for approval of the PUD. Major amendments are those that materially alter the approved PUD, including increases in density, increases in overall building coverage, substantial change of use or traffic circulation pattern, reductions in off-street parking and loading spaces, increases in the height of buildings (other than changes in roof design), reduction of proposed open space, changes in total bedroom count, substantial changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions, or covenants.

      (2)   Minor amendments. The Zoning Administrator is authorized to approve minor amendments that do not involve engineering issues. The chief subdivision engineer has authority to approve minor amendments that involve engineering issues. Minor amendments are those that are not classified as major amendments and that do not, in the determination of the Zoning Administrator or chief subdivision engineer, materially alter the approved PUD in a way that is likely to result in significant impacts on surrounding property.

(Ord. effective 10-1-2012)

   (A)   Intent. Administrative adjustments (sometimes referred to as "administrative variances") are intended to provide a streamlined approval procedure for minor modifications of zoning ordinance regulations. Administrative adjustments are further intended to:

      (1)   Allow development that is in keeping with the general purpose and intent of zoning ordinance regulations and the established character of the area in which it is located; and

      (2)   Provide flexibility that will help promote property owner investment and economic development when such flexibility will not adversely affect nearby properties or neighborhood character.

   (B)   Applicability; authorized administrative adjustments.

      (1)   Through the administrative adjustment procedures of this section, the Zoning Administrator is authorized to grant relief from any numerical or quantitative standard in this zoning ordinance by up to 10%, except the administrative adjustment procedure may not be used to:

         (a)   Vary or modify any definition or use classification;

         (b)   Vary or modify any of the review and approval procedures;

         (c)   Vary, modify or otherwise override a condition of approval or requirement imposed by an authorized county decision-making body or the state or federal government; or

         (d)   Vary or modify applicable "minimum lot area per unit" (density) standards (Note: this provision is not intended to prohibit administrative adjustments of minimum lot area requirements for individual lots).

      (2)   The Zoning Administrator is also authorized to approve an administrative adjustment reducing the number of bicycle spaces required and to modify the bicycle parking design and location requirements of § 155-11.90.

   (C)   Authority to file. Administrative adjustment applications may be filed by any person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed administrative adjustment. Applications may be filed by the property owner (described above) or by the owner's authorized agent.

   (D)   Application filing. Complete applications for administrative adjustments must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.

   (E)   Notice of filing/intent to approve. At least 15 days before taking action on an administrative adjustment request, notice of application filing and of the Zoning Administrator's authority or intent to approve the administrative adjustment must be delivered to all owners of property abutting the subject parcel. The notice must be provided in accordance with § 155-16.10(D)(3), except that in the case of an administrative adjustment, the mailed notice must be provided by certified mail, return receipt requested.

   (F)   Action by Zoning Administrator.

      (1)   The Zoning Administrator must review each application for an administrative adjustment and act to approve the application, approve the application with conditions, deny the application or refer the application to the Planning and Zoning Commission for consideration as a variance.

      (2)   The Zoning Administrator may not take final action to approve or deny an administrative adjustment application until at least 15 days after the date that required notices were received. If an adjoining landowner files a written objection with the Zoning Administrator during the 15-day period, then the administrative adjustment may not be approved by the Zoning Administrator. Instead, it must be heard and decided as a variance, in accordance with the variance procedures of § 155-16.70.

      (3)   The Zoning Administrator's decision to approve or deny an administrative adjustment must be based on the approval criteria and standards of division (G) of this section and accompanied by written findings of fact.

   (G)   Review criteria and standards. The administrative adjustment may not be approved unless the Zoning Administrator makes all of the following findings:

      (1)   That strict compliance with the applicable requirement poses a hardship in which there are particular difficulties; and

      (2)   Using aerial photographs, plot plans, visual inspection or other reliable means, that the requested administrative adjustment:

         (a)   Will not have significant adverse impacts on the health, safety, or general welfare of surrounding property owners or the general public; and

         (b)   That any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible.

   (H)   Conditions of approval. In granting an administrative adjustment, the Zoning Administrator may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this zoning ordinance.

   (I)   Transferability. Administrative adjustment approval runs with the land and is not affected by changes of tenancy, ownership, or management.

   (J)   Amendments. A request for changes in conditions of approval of an administrative adjustment must be processed as a new administrative adjustment application, including the requirements for fees and notices.

   (K)   Lapse of approval.

      (1)   An approved administrative adjustment will lapse and have no further effect one year after it is approved by the Zoning Administrator, unless:

         (a)   A building permit has been issued (if required); or

         (b)   Or the use or structure has been lawfully established.

      (2)   The Zoning Administrator is authorized to extend the expiration period for good cause on up to two separate occasions, by up to 180 days each. Requests for extensions must be submitted to the Zoning Administrator before the administrative adjustment expires. No hearings, notices or fees are required for extensions.

      (3)   An administrative adjustment also lapses upon revocation of a building permit for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the administrative adjustment.

   (L)   Appeals. If an administrative adjustment request is denied, the applicant may file an application for a zoning variance, in accordance with the variance procedures of § 155-16.70.

(Ord. effective 10-1-2012)

   (A)   Intent. Zoning variances (sometimes referred to as variations) are intended as a way to provide relief from practical difficulties or unnecessary hardships resulting from strict application of zoning ordinance requirements.

   (B)   Applicability; authorized variances. The Planning and Zoning Commission is authorized to grant a variance to any regulation in this zoning ordinance in accordance with the variance procedures of this section, except that the variance procedures may not be used to:

      (1)   Permit a principal use in a zoning district that is not otherwise allowed in that zoning district (i.e., "use variances" are prohibited);

      (2)   Waive, modify or amend any definition or use classification;

      (3)   Waive, modify or otherwise vary any of the review and approval procedures;

      (4)   Waive, vary, modify or otherwise override a condition of approval or requirement imposed by an authorized decision-making body or the state or federal government; or

      (5)   Waive, vary or modify applicable "minimum lot area per unit" (density) standards (Note: this provision is not intended to prohibit variances of minimum lot area requirements for individual lots).

   (C)   Authority to file. Variance applications may be filed by any person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed variance. Applications may be filed by the property owner (described above) or by the owner's authorized agent.

   (D)   Application filing. Complete applications for variances must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.

   (E)   Notice to Soil and Water Conservation District. Applicants requesting a proposed zoning variance must furnish a copy of the application to the Will/South Cook Soil and Water Conservation District. No hearing may proceed on the variance until the Soil and Water Conservation District has submitted a written opinion on the application to the Planning and Zoning Commission or until at least 30 days have passed from the date of receipt of the application by the Soil and Water Conservation District, whichever occurs first.

   (F)   Notice of hearing.

      (1)   Newspaper notice. Notice of the Planning and Zoning Commission's required public hearing on a variance must be published in the newspaper in accordance with § 155-16.10(D)(3).

      (2)   Delivered notice. Notice of the Planning and Zoning Commission's required public hearing must be delivered to the subject property owner and all owners of property abutting the subject parcel, in accordance with § 155-16.10(D)(3). Notice must also be delivered to the clerk of each municipality whose corporate limits are within one and one-half miles of the land that is the subject of the special use permit application.

      (3)   Posted notice. Notice of the Planning and Zoning Commission's required public hearing must be posted on the subject property in accordance with § 155-16.10(D)(3).

   (G)   Hearing and final decision—Planning and Zoning Commission.

      (1)   The Planning and Zoning Commission must hold a public hearing to consider the variance request.

      (2)   Following the close of the hearing, the Planning and Zoning Commission must make its findings of fact and act to approve the requested variance, approve the variance with modifications and/or conditions, or deny the variance request based on the standards and review criteria of division (I) of this section.

      (3)   Approval of a variance requires an affirmative vote of at least four members of the Planning and Zoning Commission.

   (H)   Appeals.

      (1)   If a variance is not approved by the Planning and Zoning Commission, the applicant may appeal the decision to the County Board by filing a written appeal with the Zoning Administrator. The appeal must be filed within 15 days of the Planning and Zoning Commission decision.

      (2)   Upon receipt of a complete appeal application, the Zoning Administrator must forward the appeal to the County Board.

      (3)   The County Board may overturn the decision of the Planning and Zoning Commission (i.e., approve the variance) only if approved by at least a three-fourths majority vote of the entire County Board.

      (4)   Every variance decision must be based on the standards and review criteria of division (I) of this section and be accompanied by written findings of fact.

      (5)   Any decisions of the Planning and Zoning Commission not appealed to the County Board within 15 days of the date of the Planning and Zoning Commission decision will be considered a final administrative determination and will be subject to judicial review only in accordance with applicable Illinois Statutes.

   (I)   Standards and review criteria.

      (1)   No variance may be approved unless the Planning and Zoning Commission makes both of the following findings based upon the evidence presented:

         (a)   That the plight of the owner is due to unique circumstances; and

         (b)   That the variance, if granted, will not alter the essential character of the locality.

      (2)   For the purpose of supplementing the two preceding standards for approval, the Planning and Zoning Commission, must also weigh and consider the extent to which the following facts, favorable to the applicant, have been established by the evidence presented:

         (a)   That the particular physical surroundings, shape, or topographical conditions of the subject property results in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

         (b)   That the conditions upon which the variance application is based would not be applicable generally to other property within the same zoning classification;

         (c)   That the purpose of the variance is not based exclusively upon a desire to make more money out of the property;

         (d)   That the alleged difficulty or hardship was not created by any person presently having an interest in the property;

         (e)   That the granting of the variance will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; and

         (f)   That the proposed variance will not impair an adequate supply of air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

   (J)   Transferability. Approved variances run with the land and are not affected by changes of tenancy, ownership, or management.

   (K)   Amendments. A request for changes in conditions of approval of variance must be processed as a variance application, including the requirements for fees and notices.

   (L)   Lapse of approval.

      (1)   An approved variance will lapse and have no further effect one year after it is approved by the Planning and Zoning Commission, unless:

         (a)   A building permit has been issued (if required); or

         (b)   The use or structure has been lawfully established.

      (2)   The Planning and Zoning Commission is authorized to extend the expiration period for good cause on up to two separate occasions, by up to 180 days each. Requests for extensions must be submitted to the Zoning Administrator before the variance expires. No hearings, notices or fees are required for extensions.

      (3)   A variance also lapses upon revocation of a building permit for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the variance.

   (M)   Wireless telecommunications facilities. Variances involving wireless telecommunications facilities must be processed in accordance with the variance procedures, as set forth in divisions (A) through (L) of this section, except as expressly stated in this section.

      (1)   Application contents. Applications must include or be accompanied by at least the following information:

         (a)   The legal description and address (if available) of the premises;

         (b)   The variance sought;

         (c)   The present and proposed land use;

         (d)   The present zoning classification;

         (e)   The surrounding zoning classifications;

         (f)   The names and addresses of owners of petitioned property;

         (g)   An explanation of the need for the variance;

         (h)   A site plan of one inch = 20 feet, which shows all existing and proposed buildings and structures on the site;

         (i)   A copy of such site plan at reproducible size not to exceed 11 x 17 inches; and

         (j)   The location of and distance to surrounding communication towers and antennas within 0.25 miles of the proposed tower or within the carrier's search ring.

      (2)   Public hearing notice. Regardless of any other provision in these regulations to the contrary, notice of the hearing is only required to be published in the newspaper, in accordance with § 155-16.10(D)(3).

      (3)   Action by the Planning and Zoning Commission.

         (a)   The Planning and Zoning Commission may conduct no more than one public hearing to consider the application.

         (b)   The Planning and Zoning Commission must review the application, the report of the Zoning Administrator and the public hearing testimony, and send its findings of fact and recommendation to the County Board recommending approval or denial of the wireless telecommunications facility variance. The Planning and Zoning Commission's action must occur within a time-frame that allows the County Board to make its final decision within 75 days after submission of a complete application, as required by statute.

      (4)   Action of the County Board.

         (a)   The County Board must review the record before the Planning and Zoning Commission and the Planning and Zoning Commission's recommendation and findings and grant or deny the variance by a simple majority vote of the County Board members present at the meeting.

         (b)   The County Board must make its final decision no later than 75 days after submission of a complete application. If the County Board fails to act on the application within 75 days after submission of a complete application, the applicant is deemed approved.

         (c)   All decisions by the County Board must be supported by written findings of fact.

      (5)   Standards and review criteria. In making their required findings and making recommendations and decisions, the Planning and Zoning Commission and the County Board must consider the following factors and no other matters:

         (a)   Whether, but for the granting of a variance 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;

         (b)   Whether the conditions upon which the application for variances 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;

         (c)   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 the design or construction is modifiable by the applicant;

         (d)   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; and

         (e)   The extent to which the design of the proposed facility reflects compliance with these regulations.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   (A)   Applicability.

      (1)   No building or structure may be erected, constructed, reconstructed, enlarged, moved, or structurally altered, nor may any excavation or grading commence without a building permit, site development permit, or other required permit.

      (2)   No building permit or other permit pertaining to the use of land, buildings or structures may be issued until a zoning certificate is issued by the Zoning Administrator certifying that the activities proposed on the permit are in compliance with the provisions of this zoning ordinance. No zoning certificate is required for routine maintenance or repair of buildings, structures, or equipment.

      (3)   Any permit or zoning certificate issued in conflict with the provisions of this zoning ordinance is void.

   (B)   Application. Every application for a building permit must also be accompanied by an application for a zoning certificate. Zoning certificate applications must include at least the following information:

      (1)   Plans in duplicate, drawn to scale, showing:

         (a)   The actual shape and dimensions of the lot to be built upon;

         (b)   The sizes and locations on the lot of buildings and structures already existing, if any;

         (c)   The location and dimensions of all proposed off-street parking and loading spaces and access drives; and

         (d)   Such other matters as the Zoning Administrator may deem necessary to determine conformance with this zoning ordinance.

      (2)   Information describing:

         (a)   The existing and proposed use of each building and land area on the lot;

         (b)   The number of dwelling units proposed to be accommodated; and

         (c)   Such other matters as the Zoning Administrator may deem necessary to determine conformance with this ordinance.

      (3)   The certification and seal, when applicable, of a registered professional architect or project engineer when any building or structure is below the established flood protection elevation plus 0.5 feet, to show compliance to provisions in the Water Resource Ordinance.

      (4)   Certification by the project engineer, when applicable, that the proposed construction or development is in accordance with the site development plan as required in the Water Resource Ordinance and that the required permit has been filed.

      (5)   Certification by the project engineer, when applicable, that the plans for the building permit are in compliance with compensatory storage and detention requirements of the Water Resource Ordinance.

   (C)   Action by Zoning Administrator. Within 15 days of receipt of a complete application for a zoning certificate, the Zoning Administrator must act on the application. If the proposal complies with all applicable provisions of this zoning ordinance, the zoning certificate must be issued. If the Zoning Administrator determines that the proposal does not comply with one or more provisions, the zoning certificate must be denied, and the Zoning Administrator must advise the applicant in writing of the reasons for denial. If the Zoning Administrator fails to act within the required 15 days, the zoning certificate will be considered denied.

   (D)   Appeals. If the Zoning Administrator denies a zoning certificate, the applicant may appeal the action in accordance with the appeal procedures of § 155-16.100.

(Ord. effective 10-1-2012)

   See § 155-10.20.

(Ord. effective 10-1-2012)

   (A)   Authority. The Planning and Zoning Commission is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Zoning Administrator or any other administrative official in the administration, interpretation or enforcement of this zoning ordinance.

   (B)   Right to appeal. Appeals of administrative decisions may be filed by any person aggrieved by the Zoning Administrator or other administrative official's decision or action. The Planning and Zoning Commission is authorized to make determinations about whether individuals filing appeals are "aggrieved" by the decision or action.

   (C)   Application filing.

      (1)   Complete applications for appeals of administrative decisions must be filed with the Zoning Administrator.

      (2)   Appeals of administrative decisions must be filed within 30 days of the date of the decision being appealed.

   (D)   Effect of filing. The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the Planning and Zoning Commission, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the Planning and Zoning Commission or by a court of record based on due cause shown.

   (E)   Record of decision. Upon receipt of a complete application of appeal, the Zoning Administrator or other administrative official whose decision is being appealed must transmit to the Planning and Zoning Commission all papers constituting the record upon which the action appealed is taken.

   (F)   Notice of hearing. Notice of the Planning and Zoning Commission's required public hearing must be published in the newspaper in accordance with § 155-16.10(D)(3).

   (G)   Hearing and final decision.

      (1)   The Planning and Zoning Commission must hold a public hearing on the appeal.

      (2)   Following the close of the hearing, the Planning and Zoning Commission must take action on the appeal. Their decision must be supported by written findings of fact.

      (3)   In exercising the appeal power, the Planning and Zoning Commission has all the powers of the administrative official from whom the appeal is taken. The Planning and Zoning Commission may affirm or may, upon the concurring vote of at least four members, reverse, wholly or in part, or modify the decision being appealed.

      (4)   In acting on the appeal the Planning and Zoning Commission must grant to the official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

   (H)   Review criteria. An appeal may be sustained only if the Planning and Zoning Commission finds that the Zoning Administrator or other administrative official erred.

   (I)   Appeals.

      (1)   Appeals of the Planning and Zoning Commission's decisions may be filed by any person aggrieved by their action. The appeal must be filed with the Zoning Administrator within 15 days of the Planning and Zoning Commission decision.

      (2)   Upon receipt of a complete appeal application, the Zoning Administrator must forward the appeal to the County Board.

      (3)   The County Board may overturn the decision of the Planning and Zoning Commission only if approved by at least a three-fourths majority vote of the entire County Board.

      (4)   Any decisions of the Planning and Zoning Commission not appealed to the County Board within 15 days of the date of the Planning and Zoning Commission decision will be considered a final administrative determination and will be subject to judicial review only in accordance with applicable Illinois Statutes.

(Ord. effective 10-1-2012)