4.1.1 Initiation of Amendments. For the purposes of this section, the term "text amendment" means an amendment to the text of this ordinance, which affects the whole county, and the term "map amendment" means an amendment to the Zoning Map which affects an individual parcel or parcels of land. Map amendments may be proposed by the County Board, the Zoning Board of Appeals or by any person, firm, corporation, or other legal entity per state law. Text amendments may be proposed by the same entities listed above, but shall only be processed if the proposal is agreed to be initiated by the Zoning Board of Appeals or the County Board. Proposed amendments shall then be directed to the Zoning Board of Appeals for consideration and report to the County Board for approval. The application for an amendment under this section shall be accompanied by a fee, in accordance with the fee schedule adopted by the County Board, to cover the cost of processing the application. Additionally, the applicant shall pay the cost or charges of any required publication notice.

4.1.2 Public Hearing. No amendment to this ordinance shall be made without a hearing before the Zoning Board of Appeals. Within thirty (30) days after a recommendation, the Zoning Board of Appeals shall file a report with the County Board.

4.1.3 Action by the County Board.

a.

Text Amendments: Text amendments may be passed at a County Board meeting by a simple majority of the elected county board members, unless:

1)

Written protests against the proposed text amendments are signed by five percent (5%) of the land owners of the County, or

2)

A written protest by resolution of the corporate authorities of a zoned municipality with limits nearest adjacent, filed with the County Clerk, or

3)

In the case of a text amendment affecting an unincorporated area of a township having a Plan Commission, written objections are submitted by the Township Board of Trustees to the County Board within thirty (30) days after the hearing before the Zoning Board of Appeals,

in which case such amendments shall not be passed except by the favorable vote of ¾ of all the members of the County Board.

b.

Map Amendments: Map amendments may be passed at a County Board meeting by a simple majority of the elected County Board members, except that in case of written protest against any proposed map amendment that is either:

1)

Signed by the owner or owners of at least twenty percent (20%) of the land to be rezoned; or

2)

Signed by the owner or owners of land immediately touching, or immediately across a street, alley, or public right-of-way from at least twenty percent (20%) of the perimeter of the land to be rezoned; or

3)

In cases where the land affected lies within one and one-half (1.5) miles of the limits of a zoned municipality, by resolution of the corporate authorities of the zoned municipality filed with the County Clerk; or

4)

In the case of a map amendment affecting an unincorporated area of a township having a Plan Commission, written objections are submitted by the Township Board of Trustees to the County Board within thirty (30) days after the hearing before the Zoning Board of Appeals

such amendment shall not be passed except by the favorable vote of 3/4 of all members of the County Board.

c.

Written protests: The original copy of a written protest must be filed with the Winnebago County Clerk not later than 12:00 p.m. the day of the County Board meeting. A copy of the written protests shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

Notwithstanding any other provision of this Article, if a map amendment is proposed solely to correct an error made by the County as a result of a comprehensive rezoning by the County, the map amendments may be passed at a County Board meeting by a simple majority of the elected board.

d.

Approvals shall be governed by existing state law.

4.1.4 Effect of denial of an amendment. 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. The above limitation does not preclude the applicant from seeking judicial review of the decision of the County Board.

4.1.5 Optional Revocation. In the case of property zoned by the Winnebago County Board but not used within one (1) year from date of said zoning, for purposes permitted in classification to which said property has been zoned, or, if the use of said property has been discontinued for a continuous period of three (3) years, the Zoning Board of Appeals or County Board shall have the power to institute proceedings, on its own motion, to consider the rezoning of said property to another classification.