As used in this Ordinance, the "County Board" shall mean the duly elected County Board of Winnebago County, Illinois. The County Board shall be the ultimate decision making authority for all final decisions, as set forth in this Ordinance. Unless otherwise required by this Ordinance, or other applicable law, the County Board's decisions shall be made independently, and without obligation to, any other advisory or preliminary committee which may first hear the matter.

Without limiting any authority, powers, or duties granted to, or vested in, the County Board by state law or by other ordinances of Winnebago County, the County Board shall have the following powers and duties with respect to this ordinance, to be carried out in accordance with terms of this ordinance:

1)

To determine whether or not to adopt amendments to the text of this ordinance and amendments to the zoning district maps after receiving recommendations from the ZBA and designated committees of the County Board;

2)

To determine whether or not to approve, with or without conditions, or deny applications for zoning variations, special uses, including planned unit developments, subdivision variations, final plat subdivisions; and

3)

To determine whether or not to adopt amendments to and updates of the Winnebago County 2030 Land Resource Management Plan. If the County Board finds cause for revisions or amendments, it shall consider the zoning committee's recommendation with regard to the changed language or plan map, and upon approval, shall cause the plan to be amended and/or adopted for the County of Winnebago, in the State of Illinois.

The Zoning Committee shall have all of the powers and duties specifically assigned in this Ordinance including, but not limited to:

1)

Reviewing proposed text amendment, zoning map amendment, special use, including planned unit development, and variation applications and recommending that the County Board approve, approve with conditions or to deny such applications.

2)

Reviewing proposed final plat subdivision and vacation requests and recommending that the County Board approve, approve with conditions or to deny such applications. To approve, conditionally approve or to deny tentative plats with regard to conformity with all pertinent policies, laws, rules, regulations and particularly with the technical requirements of this Ordinance.

3)

Reviewing proposed 2030 Land Resource Management Plan amendment requests and recommending that the County Board approve such amendments, approve subject to changes or to deny such applications.

The Zoning Board of Appeals shall have all of the powers and duties specifically assigned in this Ordinance, including the following general duties and responsibilities.

(a)

Creation and membership. Membership shall be regulated by the following:

(1)

A Zoning Board of Appeals is hereby created, such board to consist of seven members appointed by the Chairman of the County Board, by and with the consent of the County Board.

(2)

The word "Board," when used in this Ordinance, shall be construed to mean the Zoning Board of Appeals. All members of the board shall be residents of the County. No member of the Board shall hold an elective office in the City or County government. All members of the Zoning Board of Appeals shall be residents of separate congressional townships at the time of their appointment.

(3)

The members of the Zoning Board of Appeals shall serve for the following terms, or until their respective successors are appointed and qualified:

a.

One (1) or a term of one (1) year;

b.

One (1) for a term of two (2) years;

c.

One (1) or a term of three (3) years;

d.

One (1) for a term of four (4) years; and

e.

Three (3) for terms of five (5) years.

(4)

Thereafter, as their terms expire, each new appointment shall be for a term of five (5) years. One (1) of the members of the Board shall be designated by the Chairman of the County Board, with the consent of the County Board, as Chairman and shall hold office as Chairman until his successor is appointed. The Chairman of the County Board shall have the power to remove any member of the Zoning Board of appeals for cause and after a public hearing. Vacancies upon the Zoning Board of Appeals shall be filled for the unexpired term of the member whose place has become vacant, in the manner provided in this section for the appointment of such members.

(b)

Meetings and Rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized agent, or attorney. The Chairman, or in his/her absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the board shall be filed immediately in the zoning office and shall be a public record. The Zoning Board of Appeals shall adopt its own rules of procedure not in conflict with this Article or with the applicable state statutes, a copy of which shall be filed in the zoning office.

(c)

Offices. The County Board shall provide suitable offices for the storage and presentation of records, documents and accounts, and a place for the public to examine the same.

(d)

Appropriations. The County Board shall appropriate funds to carry out the duties of Zoning Board of Appeals and the Zoning Board of Appeals shall have the authority to expend, under regular procedure, all sums appropriated to it for the purposes and activities authorized in this section.

(e)

Compensation. Compensation and expenses of the Zoning Board of Appeals shall be determined by resolution by the County Board.

(f)

Jurisdiction. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:

(1)

Establish rules of procedure, and such other rules as it deems necessary, not in conflict with Illinois law.

(2)

To hear and decide appeals from any order, requirement, decision or determination made by the Planning and Zoning Officer under this Ordinance. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the board may decide to be fitting and proper in the premises, and to that end, the Board shall also have all the powers of the Officer from whom the appeals are taken.

(3)

Compel the attendance of witnesses at hearings and administer oaths.

(4)

To hear and decide all matters referred to it or upon which it is required to pass under this Ordinance.

(5)

To hear all applications for zoning variations, special use permits, ordinance text amendments and zoning map amendments and make a report and/or findings and recommendation to the County Board.

(6)

File minutes of its proceedings and any written recommendations from any County Department, States Attorney, or other official bodies; show the vote of each member on every question or, if a member is absent or fails to vote, indicate such fact; and keep records of its examinations and other official actions.

(g)

Decisions of the Zoning Board of Appeals. The concurring vote of four (4) members of Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Planning and Zoning Officer or to recommend/decide in favor of the applicant on any matter upon which it is authorized by this chapter to render recommendations/decisions. All final administrative decisions of the Zoning Board of Appeals shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, 735 ILCS 5/4-101 et seq., as appropriate.

The Planning and Zoning Officer, or his/her duly appointed and acting designee, shall administer and enforce this Ordinance. It shall be the duty of the Planning and Zoning Officer to:

1)

Interpret, construe and apply the provisions of this Ordinance;

2)

Conduct inspections of structures or the use of land to determine whether there is compliance with this Ordinance, and, in cases of any violation, notify the person or person responsible, specifying the nature of the violation and ordering corrective action;

3)

Order discontinuance of uses of land, buildings or structures; order removal of buildings or structures and alterations or structural changes thereof; order discontinuance of work being done; or take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions;

4)

Enforce all regulations contained in special use permits;

5)

Maintain in current status the Official Zoning District Maps;

6)

Maintain records required by this Ordinance, including, but not limited to, records related to zoning inspections, zoning violations, subdivisions, and all official action on appeals, variations, zoning map amendments, zoning text amendments, and special uses, including planned unit developments;

7)

Provide to the public, as requested, copies of the Zoning District Maps, the compiled text of this Ordinance, and the rules and application forms for seeking zoning actions. Fees for the production may be charged to persons requesting said copies;

8)

Act as custodian of the records of the Hearing Officer in lieu of ZBA, if applicable;

9)

Receive on behalf of the Hearing Officer all such appeals and zoning variation application forms, when completed and executed by the appellant or applicant, or his agent or attorney, if applicable;

10)

Discharge such other duties as may be placed upon the Planning and Zoning Officer by this Ordinance;

11)

Refer any unabated violation of this Ordinance to the Code Hearing Unit for adjudication or other appropriate action when deemed necessary;

12)

Delegate responsibilities to other personnel within the Planning and Zoning Division of the Department of Regional Planning and Economic Development, as necessary, to properly administer and enforce the provisions of this Ordinance;

13)

Provide clerical and technical services to the County Board or its designee on issues related to this Ordinance, including maintaining records thereof, including review, analysis, reports and recommendations on:

a.

Map amendments to the Official Zoning District Maps;

b.

Text Amendments to this Ordinance;

c.

Special Use Permit Applications;

d.

Planned Unit Developments;

e.

Subdivision of Property;

f.

Variations;

g.

Appeals of decisions by the Planning and Zoning Officer; and

14)

Require the provision of additional pertinent information, submissions and review processes, or waive, if authorized herein, the provision of otherwise required information, submissions and reviews, for applications for site plan/zoning permit review, variations, appeals, special use permits, including planned unit developments, map amendments, and text amendments.

The Planning and Zoning Officer, or his/her authorized representatives, are hereby empowered in the performance of their function to enter upon any land in the unincorporated area of Winnebago County for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs or placards to effectuate the purpose and provisions of this Ordinance.

The above-authorized persons shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Ordinance. The Sheriff's Department shall aid in enforcing this Ordinance including posting stop-work or stop-use notices when requested by the Planning and Zoning Officer.

The County Building Official will oversee all aspects of the Building Division of the Department of Regional Planning and Economic Development including but not limited to, plan review, issuing of building permits, building code enforcement, supervision of building inspectors and general public relations.

The Planning and Zoning Officer is designated as the Plat Officer. The Plat Officer shall retain copies of plats, documents, correspondence, plans, specifications and other data as permanent public records.

It shall be the duty of the Plat Officer, or his/her designee, to review and process all preliminary plats of subdivision that are prepared and submitted in accordance with the provisions of this Ordinance.

It shall be the duty of the Plat Officer, or his/her designee, to review and process all final plats of subdivision that are prepared and approved in accordance with the provisions of this Ordinance and review and approve all plats of survey prepared in accordance with Article 5 of this Ordinance.

The County Engineer shall have the following responsibilities with regard to this Ordinance:

1)

Review of preliminary and final subdivision plats for compliance with engineering design standards for streets, sidewalks, storm water, water distribution, wastewater collection systems and other public improvements, as applicable, the cost of which shall be borne by the developer or owner. The same engineering design review shall be provided on plans submitted under planned unit development procedures;

2)

Monitor construction and enforce compliance to applicable standards of public improvements approved as part of subdivision, and determine compliance with the instrument to guarantee improvements;

3)

Review and when appropriate approve all permits and certifications requiring approval of the County Engineer;

4)

Review and approve traffic impact analyses and other studies prepared by the applicant as may be required;

5)

The County Engineer may delegate these responsibilities to other personnel within the department or professional consulting firms as necessary.

The County Engineer shall review all subdivision plans concerning street and drainage design standards and engineering specifications as stipulated in this Ordinance and forward recommendations to the Plat Officer. When the County Engineer desires additional technical data or professional assistance in completing his review, he/she may, with concurrence of the Plat Officer, take whatever measures are reasonably necessary to obtain such information or services. The costs of such data and assistance will be borne by the applicant.