5-8-4: MINIMUM LOT SIZE:
   A.   Minimum lot size for a residential structure requiring a private sewage disposal system shall be in accordance with the Jo Daviess County zoning and subdivision ordinances. However, a greater area may be required for such lots if, in the opinion of the health department, there exist factors of drainage, soil conditions, or other conditions which may cause potential health problems. Lots platted and on record before the effective date hereof will be given special consideration when applying for a permit. If a smaller area is requested, and there are extenuating or unusual circumstances, a variance may be granted if, in the opinion of the health department, an approved system can be installed and no potential health hazards will exist. However, the area shall be large enough to provide for a second private sewage disposal system of a size and type equivalent to the minimum system approved for the lot.
   B.   Such variance requests shall be in writing and shall accompany the required permit information and any other information required by the health department. Upon review of the variance request information, the health department may grant a permit variance. The proposed variance must be approved by the health department prior to beginning work on the septic system. Any person who has been denied a variance may appeal to the health department administrator for further consideration.
   C.   The health department shall require subdivision developers to furnish information concerning soil absorption capacities or require changes in a proposed subdivision plat to reasonably ascertain that each lot of said proposed subdivision meets the requirements of the Jo Daviess County subdivision ordinance and will be able to support the installation and subsequent use of an approved private sewage disposal system as defined in the Illinois private sewage disposal licensing act and code and this chapter. (Ord., 4-7-2008)