4.2.1 Purpose. The Zoning Board of Appeals shall determine and may vary the regulations of this chapter in harmony with its general purpose and intent, only in specific instances where the board makes a finding of fact, based upon the standards prescribed in this section, that there are practical difficulties in carrying out the strict letter of the regulations of this chapter, and that the granting of a variation will not merely serve as a convenience to the applicant but is necessary to alleviate some demonstrable difficulty. Zoning related variations from the regulation of this chapter shall be granted by the Zoning Board of Appeals only in accordance with the standards set forth in this subsection and may be granted only in the following instances and in no other:

1)

To permit any yard of less dimension than required by the applicable regulations;

2)

To permit any building or structure to exceed the height limitations imposed by the applicable regulations;

3)

To permit the creation of a new lot or the use of an existing lot prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than sixty (60) percent of the required lot area;

4)

To waive or modify the applicable off-street parking and loading requirements;

5)

To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served;

6)

To permit the same off-street parking facilities to qualify as a required facility for two or more uses, provided the substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

7)

To waive or modify any fence, wall, noise abatement structure, screening or other enclosure requirement to be greater than or less than the required height limit;

8)

To waive or modify the requirements that regulate the distance of dwellings from feedlots;

9)

To waive or modify the performance standards for mobile home parks;

10)

To permit an accessory building to be larger in area, extent or purpose than the principal building to which it is accessory;

11)

To waive or modify the requirements of the regulations regarding noise abatement structures;

12)

To modify sign regulations;

13)

To waive or modify landscaping regulations;

14)

To permit lot frontage on a public road or a private road created by a recorded plat of subdivision and/or a minimum lot width of less than what is required by applicable regulations, but in no event shall lot frontage and/or minimum lot width be varied to less than thirty-three (33) feet when said frontage and/or minimum lot width is required; or

15)

To permit the use of an area larger or smaller, other than lot size, than what is allowed by code.

The Planning and Zoning Officer may exercise, if he or she so chooses, the limited powers given in accordance with the standards set forth in 55 ILCS 5/5-12009.

4.2.2 Application and fee. The contents of the application and the fee for a variation shall be as follows:

1)

Data to be furnished. Application for a variation shall be made to the planning and zoning officer on a form prescribed by the zoning board of appeals, which shall include the following data:

a.

Name and address of the applicant.

b.

Address or description of the property.

c.

Statement of the precise nature of the variation requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter that would result from a strict or literal interpretation and enforcement of a specified regulation of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a variation.

2)

Map. The accompanying map shall have the following:

a.

The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, use, structures, driveways, pedestrian walks, off-street loading and off-street parking facilities and landscaped areas.

b.

If required for a public hearing, as prescribed in section 4.2.3, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

c.

The Planning and Zoning officer may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the zoning board of appeals to determine whether the circumstances required for the granting of a variation exist.

3)

Fee. The application for variation shall be accompanied by a fee, in accordance with schedule adopted by the county board, to cover the cost of processing the application as described in this article. Additionally, the applicant shall pay the cost or charges of the required publication notice.

4.2.3 Public hearing. A public hearing shall be conducted as follows:

1)

Notice. The zoning board of appeals shall hold a public hearing on an application for a variation within 45 days of the date when the application was filed. Notice of a public hearing shall be given in accordance with state statute.

2)

Procedure. At a public hearing, the zoning board of appeals shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variation, particularly with respect to the findings prescribed in this section.

3)

Referral to the Zoning Board of Appeals. The Planning and Zoning officer shall refer the application for a variation to the Zoning Board of Appeals before the public hearing for consideration. The Planning and Zoning officer shall submit a report and recommendation to the Zoning Board of Appeals on the variation no later than at the time of the public hearing.

4)

Finding of fact. At the close of the public hearing on a proposed variation, the Zoning Board of Appeals shall make its determination and shall issue a written finding of fact as to the required variation. For the Zoning Board of Appeals to make an affirmative recommendation on any proposed variation, it must find that a majority of the following items are met:

a.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

b.

The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification;

c.

The purpose of the variation is not based primarily upon a desire to increase the value or income potential of the property;

d.

The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

e.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood; and

f.

The proposed variance complies with the spirit and intent of restrictions imposed by this chapter.

5)

Failure of Zoning Board of Appeals to act. If the Zoning Board of Appeals fails to make a recommendation to approve, approve with conditions or to deny a variation application within 45 days of the public hearing, then a recommendation for denial is assigned to the subject variation. Said recommendation and records shall be forwarded by the planning and zoning officer onto the county board within 30 days after said recommendation.

6)

Action of county board. The county board may affirm, modify or reverse a recommendation of the zoning board of appeals on a variation application, provided that if a recommendation for a variation is reversed, the county board, on the basis of the record and such additional evidence as may be submitted at public hearing that is transmitted by the planning and zoning officer, shall make findings of fact that establish the circumstances prerequisite for the variation as prescribed in subsection 4) of this section; provided further that any proposed variation which fails to receive a favorable recommendation of the zoning board of appeals shall not be passed except by the favorable vote of three-fourths of all the members of the county board. A variation shall become effective immediately after it is granted by ordinance of the county board.

4.2.4 Lapse of variation; renewal. The lapse of a variation and its renewal shall entail the following:

1)

A variation shall lapse and shall become void one year following the date on which the variation became effective unless, prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variation application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variation application, or the site is occupied if no building permit or certificate of occupancy is required.

2)

A variation may be renewed for an additional period of one year, provided that prior to the expiration of one year from the date when the variation originally became effective, an application for renewal of the variation is made to the zoning board of appeals.

3)

The zoning board of appeals may grant or deny an application for renewal of a variation.

4)

Section 4.2.2 - Section 4.2.3 shall apply to an application for renewal of a variation.

4.2.5 Revocation. A variation granted subject to a condition may be revoked by the County Board if the condition is not complied with. The zoning board of appeals shall hold a public hearing in accordance with the procedure prescribed in 4.2.3 and, if not satisfied that the regulation, general provision or condition is being complied with, the zoning board of appeals may recommend to revoke the variation or such action as may be necessary to ensure compliance with the regulation, general provision or condition. The County Board shall review the recommendation of the zoning board of appeals on the revocation and render a decision as prescribed in Section 4.2.3. The decision shall become effective the date on which the variation was revoked. Other remedies, in lieu of revocation, may be pursued.

4.2.6 Effect of denial of a variation. No application for a variation 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.

4.2.7 Amendment or withdrawal of application. Once filed, an application cannot be amended, except to correct a scrivener's error. Up to the time the County Board renders its decision on an application, the applicant may withdraw the application but no portion of the filing fee will be refunded.