(A) General.
(1) The County Board may, from time to time, on its own motion, on petition of any persons in interest, or on initial recommendations of the Board of Appeals or Zoning Administrator, amend, supplement or repeal by ordinance the regulations or provisions of this zoning code.
(2) Any proposed amendment shall be referred to the Board of Appeals for an advisory report and public hearing thereon.
(B) Hearing on application. The Board of Appeals shall hold a public hearing on each application for an amendment and on each proceeding initiated by the Board of Appeals of its own motion, at such time and place in the township in which the property is located, provided, that in the case of general amendments to the Zoning Code hearing may be held at the County Administration Building, Edwardsville, Illinois (see §§ 93.177(E) and 93.178(F)).
(C) Action by the County Board. The county Board shall not act on any application for special use permit, variation, or amendment to this Zoning Code until a written report, consisting of a finding of fact and recommendation of the Board of Appeals, shall have been made available to the county Board on the proposed special use permit, variation, or amendment.
(D) Approval.
(1) After appropriate action by the Board or Appeals, the County Board may, by a majority vote, approve or adopt any proposed special use permit, variation, or amendment except in the following cases only, which require the favorable action of three-fourths of all members of the County Board:
(a) Any proposed variation that fails to receive the approval of the Board of Appeals;
(b) In case of written protest against any proposed amendment or special use permit signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite frontage proposed to be altered. Provided, the protest shall not be effective unless it specifically states that the owners listed thereon are owners of 20% or more of the frontage immediately adjoining or across an alley therefrom, or that they are owners of 20% or more of the frontage directly opposite the frontage proposed to be altered. Further provided, the written protest shall not be effective unless it is filed with the County Clerk prior to the consideration of the amendment or special use permit by the County Board, and a copy of the written protest is served by the protestor or protestors on the applicant for the proposed amendment or special use permit and a copy on the applicant's attorney, if any, by certified mail at the address of the applicant and attorney as shown in the application for the proposed amendment or special use permit.
(c) In cases where the land affected by a proposed amendment lies within one and one-half miles of the limit of a zoned municipality, or in the case of a proposed text amendment to the zoning code, where a resolution in opposition to the proposed amendment by the corporate authorities of the zoned municipality with limits nearest adjacent has been filed with the County Clerk prior to the consideration of the amendments by the County Board and a copy of the resolution is served by the municipality on the applicant for the proposed amendment and a copy on the applicant's attorney, if any, by certified mail at the address of such applicant and attorney as shown in the application for the proposed amendment.
(2) If an application for a proposed special use permit, variation, or amendment is not acted upon finally and favorably by the County Board within 120 days of the time of submission of the report of the Board of Appeals, the application shall be deemed to have been denied.
(3) The County Board may approve a special use permit or variation with or without change in the terms of conditions thereof.
(E) Special use. Application or any use listed n this zoning code as requiring a special use permit may be allowed only upon application to the Zoning Administrator on forms furnished by him or her and upon issuance of a special use permit by the County Board. Upon receipt of the application, the Zoning Administrator shall forthwith submit it to the Board and a public hearing shall be held (See § 93.177 (E)).
(F) Procedure to be followed by Board in reviewing special uses and amendments. Upon receiving an application, the Board shall, prior to rendering a decision thereof, consider at least the following:
(1) The effect the proposal would have on the county comprehensive plan;
(2) The effect the development would have on schools, traffic, streets, shopping, public utilities, and adjacent properties;
(3) Is the application necessary for the public convenience at that location;
(4) In the case of an existing nonconforming use, will a special use permit make the use more compatible with its surroundings;
(5) Is the application so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected;
(6) Will the application cause injury to the value or other property in the neighborhood in which it is located; and
(7) Will the special use be detrimental to the essential character of the district in which it is located.
(Ord. 2014-18, passed 4-16-2014)