The general provisions of this Article apply to all development applications and procedures under this Ordinance unless otherwise stated. The application for any zoning amendment, special use or variation shall be filed with the Winnebago County Planning and Zoning Officer using forms provided. A hearing date for an amendment, special use, or variation will be set by the Zoning Board of Appeals or Hearing Officer when all of the filing requirements of this Ordinance have been met. Neither the Zoning Board of Appeals nor Hearing Officer will consider the sufficiency of the application and evidence until after a public hearing has been held and all parties have been given an opportunity to address such application, evidence and documents. After said hearing, the Zoning Board of Appeals or Hearing Officer shall make a finding as to the sufficiency of the application, evidence, documents and testimony and shall report this finding in its recommendation to the Winnebago County Board.

The Planning and Zoning Officer shall determine whether the application is complete based on the requirements of this ordinance. The Planning and Zoning Officer shall notify the applicant that the application is complete or inform the applicant of any deficiencies. The Planning and Zoning Officer shall take no steps to process the application until all deficiencies are remedied. Once the Planning and Zoning Officer determines that the application is complete, the application shall be scheduled for consideration by the appropriate board, commission or official.

Unless otherwise stated, all applications under this Article shall be initiated and filed pursuant to state law.

The following rules shall apply where applicable:

1.

If property is under contract: If the subject property is under contract for sale, the purchaser of the subject property shall be a petitioner. The owner of the subject property is encouraged to join the petition in either an active or silent role.

2.

If property is held in trust: If the subject property is governed by a land trust agreement, the trustee of the land trust shall be a petitioner or co-petitioner. When the petitioner or co-petitioner is a land trust or trustee of a land trust, the application shall identify each beneficiary of such land trust by name and address and define each beneficiary's interest therein. All applications shall be verified by the applicant, petitioner, or co-petitioner in his/her capacity as trustee.

3.

If owner is a corporation: When the petitioner or co-petitioner is a corporation, the petition or application shall include the correct names and addresses of all officers and directors, as well as all stockholders or shareholders owning any interest in excess of twenty percent (20%) of all outstanding stock of such corporation.

4.

If owner is a business entity: When the petitioner or co-petitioner is a business entity doing business under an assumed name, the petition or application shall include the names and addresses of all true and actual owners of such business or entity.

5.

If owner is joint venture: When the petitioner or co-petitioner is a partnership, joint venture, syndicate, or an unincorporated voluntary association, the application shall include the names and addresses of all partners, joint ventures, syndicate members, or members of the unincorporated voluntary association.

Applications will contain at a minimum, a completed application form obtained from the County, site plan (map), the nature of the request, a legal description, permanent parcel number and common description of the property, a statement of the present zoning of the subject property and surrounding properties, the current address of the petitioners, and a verification by the owners or their authorized agent attesting to the truth and correctness of all facts, statements and information presented.

If application is made by the trustee or beneficiary of any land trust for any zoning amendment, variation or special use, the application and notice shall identify each beneficiary of such land trust by name and address and define his interest therein.

All such applications shall be verified by the applicant in the applicant's capacity as trustee or by the beneficiary(s) as a beneficial owner(s) of an interest in such land trust.

No application for an amendment which has been denied wholly or partly by the County Board shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence not known to the applicant at the time of hearing on the first application, or as proof of changed conditions found to be valid by the Zoning Board of Appeals.

All notices required under this Ordinance, at the minimum, shall include the following:

1)

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

2)

A description of the subject property including both commonly known street address, as well as full legal description if required;

3)

A concise description of the nature, scope and purpose of the application or proposal; and

4)

Instructions where additional information on the matter can be obtained.

When provisions of this Ordinance require that notice to the neighbors be provided, the petitioner shall mail notice to all property owners of record who will be affected by the development or activity that is the subject of the application. At a minimum, notice shall be mailed to all record owners of property adjacent to the subject property, excluding rights-of-way. Ownership information shall be obtained from the Winnebago County Geographic Information System (WinGIS).

When notice to the neighbors is required, the petitioner shall also provide written notice to the following reviewing agencies and individuals, when applicable, as deemed appropriate by the Planning and Zoning Officer in light of the subject matter, including but not limited to:

a)

Cable Television Company

b)

Reserved

c)

Electric company

d)

Fire department/protection district

e)

Gas company

f)

Illinois Department of Natural Resources

g)

Illinois Department of Transportation

h)

JULIE

i)

Winnebago County Forest Preserve District

j)

WinGIS

k)

All municipalities within a 1.5-mile radius of the subject property

l)

Reserved

m)

Soil and Water Conservation District

n)

Sanitary District, if applicable

o)

Superintendent, grade school district

p)

Superintendent, high school district

q)

Telephone company

r)

Township Assessor

s)

Township Highway Commissioner

t)

Township Supervisor

u)

Water District, if applicable

v)

Others as may be required by Planning and Zoning Officer

Failure to provide notice to reviewing agencies or other interested parties shall not invalidate any action taken.

When the provisions of this Ordinance require that notice be published in the newspaper, the petitioner shall ensure that notice is published in a newspaper of general circulation in the township in which the subject property is located. In the case of Ordinance text amendments or when there is no newspaper of general circulation in the township, the notice shall be published in a newspaper of general circulation in the County.

When the provisions of this Ordinance require that notice be posted, the petitioner shall post the notice on the subject property in a manner that makes the notice clearly visible to neighboring residents and passers-by from each adjacent street.

Substantial Compliance with Notice

Minor defects in a notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements, and all requirements are substantially complied with. However, requirements providing for notice of the time, date, and place of a public hearing, the timing requirements of the notice, and location of the subject matter property shall be strictly construed. Questions as to the validity and substantial compliance of the notice shall be determined by a formal finding of the body conducting the hearing or meeting.

A hearing shall be held on any proposed text or map amendment, variation or special use in the Winnebago County Administration Building. If the owner of any property affected by such proposed amendments, variations or special uses so requests, such hearings shall be held in the township affected. All requests for hearings in a township must be filed with the Winnebago County Clerk and served upon the petitioner and the petitioner's attorney at least five (5) days before the scheduled date of the hearing. Any additional costs incurred as a result of changing the location of the hearing, including costs for re-notification, shall be borne by the requester(s). Property located in two (2) or more townships will be considered as existing in that township in which the major portion of the property is located.

The petitioner shall present clear and convincing evidence to the Zoning Board of Appeals or Hearing Officer at the hearing with regard to the requested amendment, special use or variation that the standards required by this ordinance have been met.

Requirements for noticing a public hearing before the Zoning Board of Appeals or Hearing Officer shall be met by the petitioner according to the following:

Every lot, parcel or zoning lot involved in a request for a map amendment, special use permit, or variation shall be posted with a zoning poster. Such posting shall be performed by the petitioner, and proof of posting will be required (i.e. by filing an affidavit or other similar instrument serving the same purpose) stating the time, date and place of the hearing. Posters must be placed on the principal road frontage of the subject property at such intervals as are determined by the Planning and Zoning Officer. If the parcel or zoning lot(s) has no principal road frontage, posters must be placed at such locations as are determined by the Planning and Zoning Officer. Zoning posters shall be provided by the Planning and Zoning Officer, and they shall be posted at least fifteen (15) days before each hearing and shall be removed by the petitioner as soon as possible after the hearing.

Notice (or the final notice for those notices which require multiple publications by law) of the time and place of any public hearing required by this Ordinance for amendments, variations and special uses shall be published not less than fifteen (15) days and not more than thirty (30) days before such hearing in a newspaper of general circulation that is published in the township or road district affected by the proposed amendment, variation or special use, or if there is none such, in a newspaper of general circulation published in Winnebago County. A Certificate of Publication shall be furnished to the Planning and Zoning Officer no less than four (4) business days prior to the scheduled date of the hearing.