Will County Zoning Ordinance

Section 14 - Administration and Enforcement
Section	Title
14.1	Organizations
14.2	Office of the Zoning Administrator
14.3	Office of the County Clerk
14.4	Planning & Zoning Commission
14.5	County Board
14.6	Soil & Water Conservation District
14.7	Zoning Certificates & Building Permits
14.8	Variation
14.9	Appeals
14.10	Special Use Permits
14.11	Amendments
14.12	Temporary Permits
14.13	Fees
14.14	Penalties
14.15	Reversions

The administration of this Ordinance is vested in the five offices or agencies of the County government as follows:

The Zoning Administrator and his authorized organizational personnel shall administer and enforce this Ordinance, and in addition, thereto and in furtherance of said authority, shall:

14.2-3 Conduct inspections of buildings, structures, and land to determine compliance with this Ordinance, and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it.

14.2-4 Order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, or structural changes; or shall take any other action authorized by Statute or by this Ordinance to ensure compliance with or to prevent violation of its provisions.

14.2-5 Prepare and cause to be available for public inspection, on or before March 31 of each year, maps showing the existing zoning districts, special uses, variations, property subject to legal action, and annexations and their boundaries, in effect on the preceding December 31.

14.2-6 Maintain permanent and current records of this Ordinance, including, but not limited to all maps, amendments, special use permits, planned unit developments, variations, appeals, applications, and text.

14.2-7 Advise all persons seeking zoning information of the existence of official plans of the County of Will and refer persons to the Planning Section for information about County plans.

14.2-8 Provide and maintain a source of public information relative to all matters arising out of this Ordinance.

14.2-9 Receive, file, and forward to the County Board (with copies to the Planning and Zoning Commission) all applications for amendments, special use permits, planned unit developments, and other matters on which the County Board is required to pass under this Ordinance.

14.2-10 Receive, file, and forward to the Planning and Zoning Commission all applications for variations and other matters on which the Commission is required to pass under this Ordinance.

14.2-11 Provide and maintain a public information bureau relative to all matters arising out of a comprehensive amendment.

14.2-12 Review all property which has been the subject of legal action, invalidating the County Zoning Ordinance as applied to a particular use on a specific parcel of land and submit information to the county Board on such matters and note such legal action directly upon the Zoning maps.

14.2-13 Review all property which has been disconnected from a municipality or that has come within the jurisdiction of the County as the result of the dissolution of a municipality and submit an amendment for reclassification of said property to the County Board, otherwise, the property is zoned E-1.

14.2-14 Initiate, direct, and review, from time-to-time, a study of the provisions of this Ordinance and make recommendations as such study requires.

14.2-16 Decide or make recommendations on all matters under this Ordinance upon which the Zoning Administrator is required to act.

The County Clerk and his authorized organizational personnel shall administer that portion of the Zoning Ordinance prescribing duties for the County Clerk, and shall:

14.3-1 Accept protests filed in the County Clerk’s office and forward them to the State’s Attorney for legal review and appropriate action.

14.3-2 Maintain copies of the Zoning Ordinance and Zoning Maps for reference by the public.

The existing Zoning Board of Appeals is hereby authorized to be continued as the Planning and Zoning Commission. The word “Commission” when used in this Section shall be construed to mean the Planning and Zoning Commission. The said Commission shall consist of seven members appointed by the County Executive and confirmed by the members of the County Board, and such members shall receive such allowances for expenses and such compensations as shall be provided by the County Board. The members of said Commission shall serve, respectively, for five (5) years, or until their respective successors are appointed. The terms of the members shall be staggered in accordance with State Statutes.

One of the members of said Commission shall be designated by the County Executive as Chairman of the Commission and another member shall be designated as Secretary, and each shall hold his office until his successor is appointed. The County Executive, subject to the approval of the members of the County Board, shall have the power to remove any members of said Commission for cause. Vacancies upon said Commission shall be filled by the County Executive and confirmed by the members of the County Board, for the un-expired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member.

14.4-2 Jurisdiction

The Planning and Zoning Commission is hereby vested with the following jurisdiction and authority:

1. To hear appeals from any order, requirement, decision or determination made by the Zoning Administrator under this Ordinance.

2. To hear and pass upon application for variations from the terms provided in this Ordinance in the manner prescribed by, and subject to, the standards established herein.

3. To hear and make recommendations to the County Board on all matters as is required under this comprehensive amendment as prescribed by statute.

1. All meetings of the Planning and Zoning Commission shall be held at the call of the Chairman and at such times as the Commission shall determine.

2. Public hearing shall be conducted by the necessary quorum of the Commission. A quorum shall consist of five members.

3. Public hearings concerning any proposed text amendments or any proposed technical map corrections to the Zoning Ordinance shall be held in the Will County Courthouse or an office building of the County.

4. Public hearings concerning any application for map amendment, special use permit, variance, or administrative appeal shall be held either in the township affected by the terms of such application, or in the Will County Courthouse, or an office building of the County, as shall be determined from time-to-time, by the Chairman, or in the absence of the Chairman, the Vice-Chairman of the Planning and Zoning Commission.

5. Before an application may be filed with and officially accepted by the Zoning Administrator, the applicant must insure that the application is complete and in triplicate and the following documentation is provided in triplicate.

a. Evidence that the applicant is the owner of record of the property in question. If the owner is represented by an agent other than an attorney, the owner must supply a notarized statement naming the agent and indicating that said agent is acting on the owner’s behalf.

b. Evidence that the property described in the application is a legally recorded “lot of record,” as herein defined by the provisions of Section 16.2-1.

c. A single plat of survey which encompasses the entire property subject to an application for a map amendment, special use permit, or variance, prepared by a State of Illinois Registered Land Surveyor, showing the property boundaries and the location of any existing or proposed structures on the property. The plat of survey shall be submitted on paper having dimensions not larger than 11 inches X 17 inches.

d. Permitting approval or necessary corrective action indicated by the Health Department.

e. Permitting approval or necessary corrective action indicated by the appropriate public roadway authorities or proof that the reviews required had not been completed within thirty (30) days of the applicant’s request.

f. Review approval or necessary corrective action indicated by the appropriate Fire Department, in whose primary jurisdiction the property is located, only when the application involves a multi-family dwelling, residential subdivision development, commercial or industrial property, any planned unit development (PUD), or any division of land which will create two (2) or more new principal uses of land.

g. Review and comment from the Will-South Cook Soil and Water Conservation District.

(i) Evidence from the Township Supervisor that all appropriate review agencies of that township in which the property is located have reviewed the application, stating their recommendation concerning the application, or evidence that the applicant has filed the matter with the appropriate township and that the reviews required by the township had not been completed within thirty (30) days. The Zoning Administrator shall provide the applicant with a list of Township Clerks. The applicant shall file the proposed zoning change for review with the Township Clerk, who shall inform the applicant of the various township reviews required. The foregoing does not apply to an application for a variance.

(ii) Evidence that all municipalities located within one and one half (1.5) miles of the property have reviewed the application, stating their recommendation, or evidence that the applicant has filed the matter with the appropriate municipalities and that the reviews required by those municipalities had not been completed within thirty (30) days. The Zoning Administrator shall provide the applicant with a list of Municipal Clerks. The applicant shall file the application for review with the Municipal Clerk, who shall inform the applicant of the various municipal reviews required. The foregoing does not apply to an application for a variance.

6. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney.

7. The Chairman, or in his/her absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses.

8. The Secretary shall keep minutes of the Commission 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 meetings and other official action. A copy of every rule or regulation, amendment, order, requirement, decision or determination of the Commission shall be filed immediately with the Zoning Administrator. The Commission may adopt other rules and regulations of procedure not in conflict with this Ordinance or the Illinois Compiled Statutes.

9. In the performance of their duties, the Zoning Administrator and the Commission may incur such expenditures as may be authorized by the Will County Board.

All decisions and findings of the Planning and Zoning Commission, on appeal or upon application for a variation after a hearing, shall, in all instances, be final administrative determinations and shall be subject to review by courts as the law may provide.

The County Board shall establish the standards, procedures, and content of this Ordinance and shall reserve certain matters of final decisions to itself. Decisions of County Board shall be subject to judicial review as the law may provide.

1. To decide amendments to this Ordinance after report by the Planning and Zoning Commission.

2. To decide on special use permits after report by the Planning and Zoning Commission.

3. To decide on planned unit developments after report by the Planning and Zoning Commission.

6. To initiate comprehensive amendments of this Ordinance at intervals of five (5) years.

The appellant requesting a proposed zoning change must submit along with the application, a report by the Will-South Cook Soil and Water Conservation District as required by the Illinois State Soil and Water Conservation District law.

No building or structure shall be erected, constructed, reconstructed, enlarged, moved, or structurally altered, nor shall any excavation or grading commence without a building permit, site development permit, or other appropriate permit. No building permit, and no other permit pertaining to other use of land, buildings or structures, shall be issued by employees of the county unless the proposed use thereof complies with all the provisions of this Ordinance, nor shall any such permit be issued unless the application for such permit has certification thereon under oath by the Zoning Administrator that the proposed use is in compliance with the provisions of this Ordinance. Any permit or zoning certificate issued in conflict with the provisions of this Ordinance shall be void.

Every application for a building permit shall also be accompanied by an application for a zoning certificate, and shall be made in duplicate in such form as the Zoning Administrator may from time-to-time provide, and shall include:

1. Plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings and structures already existing, if any; the location and dimensions of all proposed off-street parking and loading spaces and access ways thereof; and such other matters as the Zoning Administrator may deem necessary to determine conformance with this Ordinance.

2. Information describing the existing and proposed use of each building and land area on the lot; the number of families or dwelling units proposed to be accommodated; and 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 one half (½) foot to show compliance to provisions in Section 10.

4. Certification by the Project Engineer when applicable that the proposed construction or development is in accordance with the site development plan as required under Section 9.4 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 Section 10 herein.

6. Certification of the Project Engineer when applicable that the plans are in compliance with the appropriate special use permit as issued under provisions of Section 14.10.

Within fifteen (15) days after the receipt of an application for a zoning certificate, the Zoning Administrator shall issue the certificate, provided all applicable provisions of this Ordinance are complied with, or the Zoning Administrator shall refuse to issue a zoning certificate and shall advise the applicant in writing of the reasons for refusal. If the Zoning Administrator fails to act within fifteen (15) days, the applicant may then file with the Zoning Administrator a written demand, the applicant may treat the application as denied and may appeal from such denial to the Planning and Zoning Commission in the manner and subject to the standards of Section 14.10 of this Ordinance.

No zoning certificate shall be required for routine maintenance or repair of buildings, structures, or equipment.

In specific cases in which there are practical difficulties or a particular hardship in the way of carrying out the strict letter of the provisions of this Ordinance, the Planning and Zoning Commission shall have the discretion to determine and vary the application of such provisions, in harmony with their general purpose and intent, but only in accordance with the requirements hereinafter set forth.

An application for a variation shall be filed in triplicate with the Zoning Administrator, who shall forward a copy of the application to the Planning and Zoning Commission. The application shall be in such form, contain such information, and be accompanied by such plans as the Commission may by rule require. The Commission shall hold a public hearing on such application not more than ninety (90) days after its filing. The Commission shall hold a public hearing on Wireless Telecommunication Facility applications. The hearing time frame will facilitate a County Board decision within seventy-five (75) days after the application filing date. Notice of the time and place of such public hearing shall be published at least once, not less than fifteen (15) days before a hearing, in a newspaper of general circulation in the county and that the applicant has notified all adjoining property owners by certified letter return receipt requested at least fifteen (15) days prior to the hearing. The published notice may be supplemented by such additional form of notice as the Commission may provide by rule. No application for a variance to this Ordinance shall be made which proposes a variance for the same property or structure that has been the subject of public hearing held by the Planning and zoning Commission within the preceding six (6) months. The Commission may dismiss any 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.

No amendment to the classification and zoning of any property, including issuance of special use permits and variations, but excluding text and comprehensive map amendments to this Zoning Ordinance, shall be made without first having posted a sign(s) on the property in accordance with the provision of this Section. (Sign(s) will by provided by the Land Use Department.)

The applicant shall be required to erect at least one sign for every five hundred (500) linear feet of street frontage with a minimum of one (1) sign on each street abutting the property in order to adequately inform the public.

The applicant shall be responsible for ensuring that the sign(s) is/are placed and maintained as herein provided.

Failure to properly post sign(s) shall be grounds for deferral or denial of the application.

Sign(s) shall be posted upon the subject property at least fifteen (15) days prior and not more than thirty (30) days prior to the public hearing.

The applicant shall be responsible for removing said sign(s) within five (5) days after completion of the public hearing.

Should the applicant and/or his assigned agent refuse or fail to remove such sign or signs as herein provided, the Land Use Department shall cause said sign(s) to be removed and shall bill the applicant for the cost of said removal.

The applicant shall provide a sworn certification to the Planning and Zoning Commission Secretary that such notice was posted upon the subject property prior to the public hearing.

The Zoning Administrator, or his/her designee, may vary the provisions of this Section when these provisions are found inappropriate under the circumstances to provide the intended notice. This discretion shall rest solely with the Zoning Administrator, or his/her designee, and not with the applicant; shall include, but not limited to, sign content, format, size, material, quantity, and location; not withstanding the exercise of this discretion, the minimum requirements provided in this Section shall be satisfied. All expenses incurred to fulfill the requirements of this Section shall be the responsibility of the applicant.

1. The Planning and Zoning Commission shall not vary the provisions of this Ordinance as authorized in this Section, unless it shall have made findings based upon the evidence presented to it in the following cases:

b. That the variation, if granted, will not alter the essential character of the locality.

2. A variation shall be permitted only if the evidence, in the judgment of the Planning and Zoning Commission, sustains each of the two (2) conditions enumerated above.

3. For the purpose of supplementing the above standards, the Planning and Zoning Commission, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
a. That the particular physical surroundings, shape, or topographical conditions of the Specific property involved will bring 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 petition for variation is based would not be applicable generally to other property within the same zoning classification;
c. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;
d. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;
e. That the granting of the variation 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; or
f. That the proposed variation 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.

4. The Planning and Zoning Commission may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this Section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this Ordinance.

Variations from the regulations of this Ordinance shall be granted by the Planning and Zoning Commission only in accordance with the standards set forth in this Section and may be granted only in the following instances, and in no others:

1. To permit any setback that is less than the setback required for a front, side or rear yard.

2. To permit the use of a “lot of record,” as herein defined by the provisions of Section 16.2-1, for a use otherwise prohibited, solely because of insufficient area or width.

3. To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses; provided that substantial use of such facilities by each user does not take place at approximately the same hours of the same days of the week.

4. To reduce the applicable off-street parking or loading facilities required by twenty percent (20%) of the applicable regulations.

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

7. To increase by not more than twenty percent (20%) the maximum square footage for accessory uses.

a. Authority – In the case of hardship in which there are particular difficulties in observing the side yard as herein required, then the Zoning Administrator shall have the authority to vary the required side yard for garages.

(1) The Zoning Administrator shall not vary the provisions of this Ordinance as authorized by this Section, unless it can be shown by aerial photographs or plot plans that such a garage line variation is compatible with the neighborhood.

(2) Garage line variations shall not be granted less than five (5) feet from side lot lines or thirty (30) feet from the front lot line.

a. Authority – In cases of hardship in which there are particular difficulties in observing the lot frontage as herein required, then the Zoning Administrator shall have the authority to vary the required lot frontage by no more than ten percent (10%) for any lot of record legally created on or before July 20, 1978.

b. Standards – The Zoning Administrator shall not vary the provisions of this Ordinance as authorized by this Section, unless it can be shown by aerial photographs or plot plans that such a lot frontage variation is compatible with the neighborhood.

a. Authority – In cases of hardship in which there are particular difficulties in observing the lot area as herein required, then the Zoning Administrator shall have the authority to vary the required lot area by no more than ten percent (10%) for any lot of record legally created on or before July 20, 1978.

b. Standards – The Zoning Administrator shall not vary the provisions of this Section, unless it can be shown by aerial photographs or plot plans that such a lot area variation is compatible with the neighborhood.

11. To increase not more than two (2) feet the maximum fence height allowed herein.

12. To permit the use of a “lot of record,” as herein defined by the provisions of Section 16.2-1, which was created prior to August 2, 1994, for a use otherwise prohibited, solely because of insufficient frontage on a public right-of-way.

a. Authority – In the case where a lot in a subdivision created prior to July 20, 1978 does not observe the lot frontage or lot area as required, then the Zoning Administrator shall have the authority to vary the required lot frontage and lot area for the purpose of issuing a permit to build a room addition or accessory structure.

b. Standards –

(1) The Zoning Administrator shall not vary the provisions of this Ordinance as authorized by this Section, unless it can be shown by aerial photograph or plot plans that such variations are compatible with the neighborhood.

(2) Such variations for lot frontage and lot area shall not be granted unless the proposed addition or accessory structure shall meet setback requirements in accordance with Sections 4.5-8(3), 4.5-8(4), and 4.5-8(5) of this Ordinance.

14. Lot width variations by the Zoning Administrator in Agricultural Districts as follows:

a. Authority – In the case where a parcel in an Agricultural Zoning District legally created and recorded prior to January 1, 1998, when changes were made to the Illinois complied statutes, does not observe the lot width as required, then the Zoning Administrator shall have the authority to vary the required lot width for the purpose of issuing a permit to build a residence or accessory structure commonly associated with a residential use.

c. Effective period – Such administrative variations for lot width in agricultural districts shall be valid for a period no longer than three (3) years form the date such variation was granted by the Zoning Administrator unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The Zoning Administrator may grant one (1) extension of this period, valid for no more than one (1) year, upon written application and good cause shown, without notice or hearing.

a. Authority – In cases of hardship in which there are particular difficulties in observing the lot coverage as herein required, then the Zoning Administrator shall have the authority to vary the required lot coverage by no more than ten percent (10%) for any lot of record legally created.

b. Standards – The Zoning Administrator shall not vary the provisions of this Ordinance as authorized by this Section, unless it can be shown by aerial photograph or plot plans that such variations are compatible with the neighborhood.

16. To increase by not more than twenty percent (20%) the maximum height for any structure.

17. The Commission shall hold a public hearing on such application not more than ninety (90) days after its filing. The Commission shall hold a public hearing on Wireless Telecommunication Facility applications. The hearing time frame will facilitate a County Board decision within seventy-five (75) days after the application filing date.

No order of the Planning and Zoning Commission granting a variation shall be valid for a period longer than one (1) year from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The Commission may grant one (1) extension of this period, valid for no more than one hundred and eighty (180) additional days, upon written application and good cause shown, without notice or hearing. If any of the benefits conferred by any variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one (1) year, said variation shall, to the extent of such abandonment or non-utilization, become invalid after a public hearing as provided for herein.

Not more than sixty (60) days after the close of the public hearing, the Planning and Zoning Commission shall make its findings of fact and its determination in writing, and shall forthwith transmit a copy thereof to the applicant. The concurring vote of five (5) members of the Commission shall be necessary to grant a variation.

The Planning and Zoning Commission shall hear and decide appeals from an administrative order, requirement or determination under this Ordinance.

An appeal, in which it is alleged that there is error in any decision made by the Zoning Administrator under this Ordinance, may be taken to the Planning and Zoning Commission by any person or governmental agency aggrieved by such decision or by any department, officer, board or bureau of the County. Such an appeal shall be taken within such time as shall be prescribed by the Commission by rule, by filing with the County Clerk a notice of appeal in such form as the Commission may provide by rule. The County Clerk shall, without delay, forward to the Commission a copy of the notice of appeal together with all of the papers constituting the record upon which the decision appealed from was made.

An appeal shall stay all proceedings in furtherance of the decision appealed unless the Zoning Administrator certifies to the Planning and Zoning Commission after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed unless by a restraining order, which may be granted by the Commission or by a court of record on application, in notice to the Zoning Administrator and on due cause shown.
14.9-4 Hearing

The Secretary shall provide notice to the applicant and the Zoning Administrator of the time and place for the hearing of the appeal. The Secretary shall give notice to the applicant not less than fifteen (15) days as provided herein by Section 14.4-3.

14.9-5 Decisions

The Planning and Zoning Commission shall render a written decision on the appeal within a reasonable time, but in no event more than ninety (90) days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The Commission may affirm or may, upon the concurring vote of five (5) members, reverse, wholly or in part, or modify the decision of the Zoning Administrator, as in its opinion ought to be done, and to that end shall have the powers of the Zoning Administrator. All decisions, after hearing of the Planning and Zoning Commission from the administrative order requirement, decision, or determination of the Zoning Administrator shall be subject to appeal before the Will County Board. The Commission may dismiss any appeal whenever the applicant fails to appear at the scheduled hearing.

A written appeal from final decisions of the Planning and Zoning Commission, where the proposed variation failed, may be filed by an aggrieved party with the Land Use and Zoning Committee of the Will County Board within fifteen (15) days of the date of the Planning and Zoning Commission decision. The Land Use and Zoning Committee will make a recommendation to the full Will County Board. Any proposed variation which failed to receive Planning and Zoning Commission approval shall not be passed except by a three-fourth (¾) vote of all members of the Will County Board. Every variation shall be accompanied by a finding of fact specifying the reason for making such variation.

Any decisions of the Planning and Zoning Committee not appealed to the full Will County Board via its Land Use and Zoning Committee within fifteen (15) days of the date of the Planning and Zoning Committee decision shall in all cases be final administrative determinations and shall be subject to judicial review only in accordance with applicable Illinois Statutes.

14.10-1 This Ordinance is based upon the division of the County into districts, within which the uses of land, and the uses and bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into three (3) categories:

2. Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property, public facilities, or the county as a whole;

3. Uses, either public or private, that because of past or present conditions, need special consideration.

Special use permits may be granted by the County Board, but only in accordance with the requirements hereinafter set forth pursuant to the County’s Code Section 12009.5 (55 ILCS 5/5-12009.5).

An application for a special use permit shall be filed in triplicate with the Zoning Administrator, who shall forward a copy of the application to the Planning and Zoning Commission. The application shall be in such form, contain such information, and be accompanied by such plans as the Commission may by rule require. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) days before the hearing, in a newspaper of general circulation in the county. The published notice may be supplemented by such additional form of notice as the Commission may provide by rule. Notice of the public hearing shall be mailed to the clerk of each municipality, the corporate limits of which lie within one and one half (1½) miles of the land proposed for reclassification. The applicant shall have notified all adjoining property owners by certified letter returned receipt requested at least fifteen (15) days prior to the hearing. The Commission may dismiss any application whenever the applicant fails at more than one meeting to provide the documentation necessary to demonstrate compliance with the notice requirements.

The applicant shall be responsible for ensuring that the sign(s) is/are placed and maintained as herein provided.

Failure to properly post sign(s) shall be grounds for deferral or denial of the application.

Sign(s) shall be posted upon the subject property at least fifteen (15) days prior and not more than thirty (30) days prior to the public hearing.

The applicant shall be responsible for removing said sign(s) within five (5) days after completion of the public hearing.

The applicant shall provide a sworn certification to the Planning and Zoning Commission Secretary that such notice was posted upon the subject property prior to the public hearing.

Within sixty (60) days after the close of the hearing, unless the applicant shall have consented to a longer period, the Planning and Zoning Commission shall transmit to the county Board a written report giving its findings and recommendations for action to be taken by the County Board on the restrictions to be imposed upon the premises benefited by the special use permit.

1. That 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. That 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. That the 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. That adequate utilities, access roads, drainage, and/or other necessary facilities have been or are being provided.

5. That 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. That the special use shall in all other respects conform 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.

7. At least one (1) year has elapsed since any denial by the County Board of any prior application for a special use permit that would have authorized substantially the same as all or part of the sites, unless conditions in the area have substantially changed.

14.10-6 The following development in the floodplain shall be exempt from the requirement of a Special Use Permit for floodplain development:

2. Single-family residential accessory structures including decks, terraces, patios and stairs.

3. Single-family residential detached garages and sheds, six hundred (600) square feet or smaller, that meet the permitting requirements outlined in Section 10.10 of the Will County Zoning Ordinance.

7. Agriculture use of land included in a farm conservation plan approved by the Will/South Cook and Water Conservation District, including bank stabilization or the implementation of conservation practices.

8. Construction of a berm or retaining wall for flood proofing purposes that does not extend more than ten (10) feet from a building.

9. Elevating an existing structure above the Base Flood Elevation without requiring fill or increasing the square footage of the structure below the Base Flood Elevation.

10. Improvement or repairs to a structure that are not a substantial improvement as defined in Section 10.3 of the Will County Zoning Ordinance.

All development exempt from the requirement of a Special Use Permit for Floodplain Development will continue to be subject to the requirements of a Site Development Permit in accordance with Section 10 of the Will County Zoning Ordinance (Flood Damage Prevention Ordinance).

The County Board, upon recommendation of the Planning and Zoning Commission, may grant or deny any proposed special use in accordance with applicable statutes of the State of Illinois, or may refer it back to the Commission for further consideration. The County Board shall impose such conditions and restrictions upon the premises benefited by a special use permit as may be necessary to assure compliance with the above standards, to reduce or minimize the effect of such permit upon other properties in the neighborhood, and to better carry out the general intent of this Ordinance. Failure to comply with such conditions or restrictions shall constitute a violation of this Ordinance.

No special use permit shall be valid for a period longer than one (1) year from the date it is granted unless a building permit or certificate of occupancy is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The County Board may grant one (1) extension of this period, valid for no more than one hundred eighty (180) additional days, upon written application within the first year of the special use permit and upon good cause shown without notice or hearing. If any special use is abandoned, or is discontinued for a continuous period of one year, the special use permit for such use shall become void, and such use shall not thereafter be reestablished unless a new special use permit is obtained.

The regulations and districts established by this Ordinance from time-to-time by the County Board through the enactment of an amending Ordinance. No such amendment shall be made without a public hearing before the Planning and Zoning Commission and a report of findings and recommendations has been submitted to the County Board by the Planning and Zoning Commission.

14.11-2 Initiation

Amendments may be proposed by the County Board, Planning and Zoning Commission, and by any other person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.

No application for amendment to this Ordinance shall be made which proposes reclassification of any of the same property for the same zoning district that has been the subject of a public hearing held by the Planning and Zoning Commission within the twelve (12) months preceding the date of filing. One application shall be filed for each zoning classification requested and, if parcels are not contiguous, a separate application shall be made for each noncontiguous parcel of land.

1. An application for an amendment shall be filed with the Zoning Administrator and thereafter entered into the records of the first meeting thereafter of the County Board. The application shall be in such form as to contain such information and be accompanied by such plans as the Planning and Zoning Commission by rule may require.

2. A copy of such application shall thereafter be forwarded by the Zoning Administrator to the Planning and Zoning Commission with a request to hold a public hearing.

3. The Planning and Zoning Commission shall hold a public hearing within ninety (90) days after receiving the application from the County Board. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) days before the hearing in a newspaper of general circulation in the county. Notice of public hearing shall be mailed to the clerk of each municipality, the corporate limits of which lie within one and one half (1½) miles of the land proposed to be reclassified.

The applicant shall be responsible for ensuring that the sign(s) is/are placed and maintained as herein provided.

Failure to properly post sign(s) shall be grounds for deferral or denial of the application.

Sign(s) shall be posted upon the subject property at least fifteen (15) days prior and not more than thirty (30) days prior to the public hearing.

The applicant shall be responsible for removing said sign(s) within five (5) days after completion of the public hearing.

The applicant shall provide a sworn certification to the Planning and Zoning Commission Secretary that such notice was posted upon the subject property prior to the public hearing.

4. The applicant shall have notified all adjoining property owners, by certified letter return receipt requested, at least fifteen (15) days prior to the hearing.

5. The Planning and Zoning Commission shall, within sixty (60) days after the hearing, transmit a written report giving its findings and recommendations to the County Board.

Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

a. Existing uses of property within the general area of the property in question.

b. The zoning classification of property within the general area of the property in question.

c. The suitability of the property in question for the use permitted under the existing zoning classification.

d. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.

f. The Land Evaluation and Site Assessment (LESA) findings, computed by the USDA Soil Conservation Service and the Will County 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.

The Planning and Zoning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Planning and Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any different classification than that requested by the applicant.

The Commission may dismiss any 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.

The County Board upon recommendation of the Planning and Zoning Commission may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the Commission for further consideration.

Map amendments may be passed at a county board meeting by a simple majority of the elected Will County Board members, except that in case of written protest against any proposed map amendment that is either: (A) signed by the owner or owners of at least 20% of the land to be rezoned, or (B) signed by the owner or 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 to be rezoned, or in cases where the land affected lies within 1½ miles of the limits of zoned municipality, filed with the county clerk, such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of all the members of the Will County Board. In such cases, a copy of the written protest shall be served by the protestor(s) 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 Section, 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.

If a township located within Will County, a county with a population of less than 600,000, has a plan commission and the plan commission objects to a text amendment or a map amendment affecting an unincorporated area of the township, then the township board of trustees may submit its written objections to the county board within 30 days after the hearing before the Planning and Zoning Commission, in which case the county board may not adopt the text amendment or the map amendment affecting an unincorporated area of the township except by the favorable vote of at least three-fourths (¾) of all the members of the Will County Board.

No amendments to the classification and zoning of any property, including issuance of special use permits and variations, but excluding text and comprehensive map amendments to this Zoning Ordinance, shall be made without first having posted a sign(s) on the property in accordance with the provision of this Section. (Sign(s) will be provided by the Land Use Department.)

If no action is taken by the County Board within six (6) months after the report of the Planning and Zoning Commission, the application shall be deemed to have been denied and shall not thereafter be granted.

The Zoning Administrator is authorized by this Ordinance to issue a “temporary permit” for uses specifically authorized in particular zoning districts as temporary permit uses. The Zoning Administrator shall not authorize a temporary use permit for the sale of fireworks.

An application for a “temporary permit” shall be made to the Zoning Administrator in writing on a form provided by the county. The Zoning Administrator shall issue a permit only after he is satisfied that the use allowed by the “Temporary Permit” will not adversely affect the public health, safety or general welfare of the county and/or immediate neighborhood.

The Zoning Administrator may, if he so desires, hold a public hearing on the request for a “temporary permit,” or may contact the property owners affected by the proposed use regarding their opinion of the use.

The Zoning Administrator may require that certain conditions relating to the public health, safety, or general welfare be complied with before the issuance of a “temporary permit.”

The Zoning Administrator shall render a written decision on the application for a “temporary permit” within a reasonable time and promptly forward a copy of the decision to the petitioner.

Appeals from the decision of the Zoning Administrator can be made to the Planning and Zoning Commission.

The County Board shall establish a schedule of fees, charges, and expenses required for building permits, zoning certificates, certificates of occupancy, variations, special use permits, temporary use permits, amendments, planned unit development approvals, and other matters pertaining to this Ordinance.

Until all such required fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application.

Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any provisions of this Ordinance, shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. Each day a violation is permitted to exist after notification thereof shall constitute a separate offense.

The owner or tenant of any building, structure, or land, and any architect, planner, surveyor, engineer, realtor, attorney, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may be found guilty of separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the county from taking such other lawful action as is necessary to prevent or remedy any violation.

1. A variance, special use permit, or change in zoning shall be reverted or revoked as provided in this Section if the testimony upon which such variance, special use permit, or zoning change was falsely given.

2. A change of zoning shall be reverted as provided for in this Section if the permitted variance, special use permit, or permitted use is not in full compliance with the applicable requirement of this Ordinance.

3. A change of zoning may be reverted as provided for in this Ordinance if the land zoned has not been put to use as allowed in such zoned district within three (3) years of its change of zoning.

4. A change of zoning shall be reverted as provided for in this Section if the application has been made for agricultural (productivity) tax assessment on parcels zoned for other than agricultural uses (A-1 and A-2).

Reversions may be proposed by the County Board, Planning and Zoning commission, or by any person aggrieved by a variance, special use permit, or change in zoning.

The process for reverting a variance, special use permit, or change in zoning shall be as follows:

1. An application for a reversion shall be filed with the Zoning Administrator and shall be in such form, contain such information, and be accompanied by such plans as the Planning and Zoning Commission by rule may require.

2. A copy of such application shall thereafter be forwarded by the Zoning Administrator to the Planning and Zoning Commission with a request to hold a public hearing.

3. The Planning and Zoning Commission shall hold a public hearing within ninety (90) days after receiving the application from the Zoning Administrator. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) days before the hearing in a newspaper of general circulation in the County. A copy of the notice of public hearing shall be mailed to the Clerk of each municipality, the corporate limits of which lie within one and one half (1½) miles of the land for which a reversion is being proposed. Copy of such notice shall be mailed by registered letter to the current interest holders of the land as found on the last tax assessment.

5. The Planning and Zoning Commission shall within sixty (60) days after the hearing transmit a written report giving its findings and recommendations to the County Board.

The County Board, upon recommendation of the Planning and Zoning Commission, may grant or deny any proposed reversion or may refer it back to the Planning and Zoning Commission for further consideration.

When a reversion action has been initiated, no building permit or zoning certificate for the site shall be issued, until the Will County Board has decided the matter of the reversion.