02-O-23
ADMINISTRATION AND ENFORCEMENT
The administration and enforcement of this Ordinance is vested in the Department of Building and Zoning and the Zoning Board of Appeals.
13.2 DEPARTMENT OF BUILDING AND ZONING AND THE ZONING ADMINISTRATOR
13.2.1 DUTIES OF THE DEPARTMENT OF BUILDING AND ZONING
A. Duties of the Department of Building and Zoning shall be as follows.
1. Inspect buildings, structures and land uses to determine compliance with provisions of this Ordinance.
2. Issue and maintain records of sign permits.
3. Issue and maintain records of certificates of occupancy.
4. Authorize illumination of parking lots between the hours of 10:00 p.m. and 7:00 a.m. in Residential Districts when necessary for public safety and welfare.
5. Issue permits regulating erection and use of tents for specific purposes, such as temporary carnivals, charity or eleemosynary uses, and churches and revival meetings not to exceed ten (10) days.
6. Duties as the Cook County Board of Commissioners shall by ordinance resolution or direction provide.
13.2.2 DUTIES OF THE ZONING ADMINISTRATOR
A. Administration of this Ordinance shall be exercised through a person in the Department of Building and Zoning designated as the Zoning Administrator. The Zoning Administrator shall be appointed by the President of the Cook County Board of Commissioners.
B. Duties of the Zoning Administrator shall be as follows.
1. Issue, upon request, a letter verifying the zoning classification of property to a person who is entitled to initiate a zoning amendment including interpretations giving the meaning and intent of provisions of this oOrdinance.
2. Maintain permanent and current records of this Ordinance including, but not limited to, all maps, map amendments, special uses, planned unit developments, variations, appeals and related applications.
3. Provide and maintain a source of public information for all matters arising out of this Ordinance.
4. Receive, file and forward to the Zoning Committee of the Cook County Board of Commissioners applications for special uses and map amendments. The Zoning Administrator shall not forward applications which fail to comply with this Ordinance.
5. Receive, file and forward to the Zoning Board of Appeals applications for variations, appeals and other matters which the Zoning Board of Appeals is required to pass under act upon as provided in this Ordinance. The Zoning Administrator shall reject applications for variations which are not authorized by this Ordinance.
6. Review properties subject to legal action which have resulted in the invalidation of zoning under this Ordinance and change official zoning maps to reflect court decrees.
7. Review properties which have been disconnected from a municipality, or which have come within the jurisdiction of Cook County as the result of the dissolution of a municipality, and recommend to the Zoning Board of Appeals amendments for reclassification of properties.
8. Determine use, lot and bulk requirements provided in this Ordinance.
9. Forward plans to the Cook County Superintendent of Highways for proposed uses which provide one hundred parking spaces for Highway Department review comment and approval pursuant to this Article.
10. Duties as the Cook County Board of Commissioners shall by Oordinance, resolution or direction provide. (Amend. Ord. 02-O-23, 07-09-02.)
13.2.3 REVIEW OF ALL PERMIT APPLICATIONS AND CERTIFICATES OF OCCUPANCY
All permits for use of land or buildings and certificates of occupancy, except as otherwise provided by this Ordinance, shall be reviewed and approved by the Department of Building and Zoning. The Zoning Administrator shall affix a certificate to the permit indicating that the proposed building or structure complies with all the provisions of this Ordinance. No officer, department or employee of Cook County shall issue a permit until a permit application has been reviewed and approved by the Department of Building and Zoning. Any permit or certificate of occupancy which is in conflict with the provisions of this Ordinance shall be null and void. (Amend. Ord. 02-O-23, 07-09-02.)
13.3 ZONING BOARD OF APPEALS
13.3.1 MEMBERSHIP
The Zoning Board of Appeals shall be composed of seven (7) members: five (5) voting members who shall be appointed by the President of the Cook County Board of Commissioners; and two (2) ex-officio, non-voting members, consisting of the Chairman of the Building and Zoning Committee of the Cook County Board of Commissioners and the Chief Administrative Officer of Cook County. Ex-officio members may be represented by a designee at any hearing or meeting of the Zoning Board of Appeals. Voting members shall receive compensation and an allowance for expenses as provided by the Cook County Board of Commissioners in its annual appropriation Ordinance. Members of the Zoning Board of Appeals serving at the time of adoption of this Ordinance shall serve for the remaining term of their appointments, or until their respective successors are appointed. All new and renewed terms of office for Zoning Board of Appeals members shall be for five (5) years.
One of the members of the Zoning Board of Appeals shall be designated by the President of the Cook County Board of Commissioners as Chairman of the Zoning Board of Appeals, and shall hold office until a successor is appointed. The President of the Cook County Board of Commissioners shall have the power to remove for cause any member of the Zoning Board of Appeals. Vacancies on the Zoning Board of Appeals shall be filled by appointment of the President of the Cook County Board of Commissioners for the unexpired term of the member whose position has become vacant.
The Zoning Board of Appeals is vested with the following jurisdiction and authority.
A. Hear and decide appeals from any order, requirement, decision or determination made by the Department of Building and Zoning under this Ordinance.
B. Hear and make recommendations to the Cook County Board of Commissioners on all applications for authorized variations from any quantitative requirement of as provided in this Ordinance.
C. Hear applications for special uses, planned unit developments, map amendments and unique uses as set forth in this Ordinance. The Zoning Board of Appeals shall report its findings and recommendations to the Cook County Board of Commissioners.
D. Conduct hearings at the request of the Cook County Board of Commissioners for map amendments to this Ordinance and make recommendations to the Board of Commissioners.
E. Conduct hearings at the request of the Cook County Board of Commissioners for text amendments to this Ordinance and make recommendations to the Board of Commissioners.
F. Conduct hearings at the request of the Cook County Board of Commissioners for amendments to the Cook County Comprehensive Land Use and Policies Plan and make recommendations to the Board of Commissioners.
G. Initiate, direct and review studies of this Ordinance and make recommendations to the Zoning and Building Committee of the Cook County Board of Commissioners.
H. Hear and decide matters as set forth in this Ordinance and matters referred to it by the Cook County Board of Commissioners.
I. Duties as the Cook County Board of Commissioners shall by ordinance, resolution or direction provide. (Amend. Ord. 02-O-23, 07-09-02.)
The meetings of the Zoning Board of Appeals shall be held at the call of the Chairman at such times as the Zoning Board of Appeals may determine. Hearings conducted by the Zoning Board of Appeals shall be considered public meetings under the Illinois Open Meetings Act and shall be held in conformance with the Illinois Open Meetings Act. Ex-officio members, or their designees, may fully participate in meetings, but shall not vote on any matters before the Zoning Board of Appeals. For purposes of conducting a public meeting, a quorum of four (4) members shall be present in person at the meeting, and two (2) of the four (4) members present may be ex-officio members or their designees. For purposes of conducting a vote at a public meeting, three (3) voting members must be present in person at the meeting. Any person may appear and testify at a hearing. The Chairman or Acting Chairman may administer oaths and subpoena witnesses. The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon each question. If any voting member is absent or fails to vote, that shall be reflected in the minutes. Zoning Board of Appeals voting members may not vote by proxy. Records shall be kept of all hearings and other official actions of the Zoning Board of Appeals. Applications, exhibits and all documents filed by applicants, as well as transcripts of hearings, meetings, testimony and deliberations, shall constitute the record of the Zoning Board of Appeals. The Secretary of the Zoning Board of Appeals shall be the keeper of the records. The Zoning Board of Appeals shall adopt its own rules and procedures, not in conflict with this Ordinance or with applicable State of Illinois Statutes, and may select or appoint such officers as it deems necessary. A copy of every rule, regulation, amendment, order, requirement, decision or determination of the Zoning Board of Appeals shall be filed immediately with the Department of Building and Zoning and shall be a public record.
The decisions and findings of the Zoning Board of Appeals, except as provided in 13.3.5, shall be final administrative decisions and shall be subject to review as provided by law.
13.3.5 APPEALS FROM DECISIONS OF THE ZONING ADMINISTRATOR
The Zoning Board of Appeals shall hear and decide appeals from an administrative order, requirement or determination of the Department of Building and Zoning under this Ordinance.
An appeal may be taken to the Zoning Board of Appeals by any person or entity or by any officer, department, board or bureau aggrieved by a decision of the Zoning Administrator Department of Building and Zoning under this Ordinance. An appeal shall be taken within thirty-five (35) days after the date of the Zoning Administrator’s Department of Building and Zoning’s decision by filing with the Zoning Administrator and the Zoning Board of Appeals a notice of appeal specifying the grounds for the appeal. Notice of appeal shall be given to all persons or entities entitled to receive notice as provided by Section 13.7.3.
The Zoning Board of Appeals shall select a reasonable time and place for hearing an appeal and give notice to the aggrieved person or entity and the Zoning Administrator Department of Building and Zoning. The hearing shall take place within thirty (30) days after the Zoning Board of Appeals receives notice of appeal.
The Zoning Board of Appeals shall render a written decision on the appeal within thirty (30) days after the hearing. The Zoning Board of Appeals shall forward its decision to all parties of record. The Zoning Board of Appeals may affirm, reverse, wholly or in part, or modify a decision of the Department of Building and Zoning. A written decision of the Zoning Board of Appeals shall contain findings of fact which support its decision. If the Zoning Board of Appeals affirms the decision of the Zoning Administrator Department of Building and Zoning, the decision of the Zoning Board of Appeals is a final administrative determination and shall be subject to review as provided by law.
If the Zoning Board of Appeals reverses the decision of the Zoning Administrator Department of Building and Zoning, the Zoning Administrator Department of Building and Zoning has the right to appeal the Zoning Board of Appeals' decision to the Cook County Board of Commissioners. The matter shall be heard upon the record of the Zoning and Building Committee, or a subcommittee, (“Committee”) of the Cook County Board of Commissioners. No additional testimony shall be taken and no additional documents shall be filed. The Committee shall provide notice of its hearing of an appeal as provided in this section. The Committee may affirm, reverse, wholly or in part, or modify the decision of the Zoning Board of Appeals. If the Committee reverses the Zoning Board of Appeals, the decision of the Committee shall be a final administrative determination and shall be subject to review as provided by law. The Secretary of the Zoning Board of Appeals shall maintain complete records of all actions relative to appeals. (Amend. Ord. 02-O-23, 07-09-02.)
13.3.6 SECRETARY OF THE ZONING BOARD OF APPEALS
A. The Secretary of the Zoning Board of Appeals shall be appointed by the President of the Cook County Board of Commissioners.
B. Duties of the Secretary of the Zoning Board of Appeals shall be as follows.
1. Maintain records of the Zoning Board of Appeals.
2. Forward to the County Board of Commissioners final findings of fact and recommendations of the Zoning Board of Appeals for map amendments and special uses and such other matters under this ordinance which require consideration or action by the Cook County Board of Commissioners.
3. Administer duties specifically identified in this Ordinance, as well as duties which may be delegated to the Secretary by the Cook County Board of Commissioners and the Zoning Board of Appeals. (Amend. Ord. 02-O-23, 07-09-02.)
13.4 BUILDING PERMITS/ZONING CERTIFICATES
13.4.1 APPLICATION
An application for a building permit shall be deemed an application for a zoning certificate. An application shall be accompanied by the following.
A. Plat of survey, in triplicate, drawn to scale and showing actual dimensions of lots and blocks. The plat shall be dated within the prior six (6) month period and it shall be certified by a land surveyor licensed by the State of Illinois as a true copy of the property according to the registered or recorded plat of subdivision.
B. Site plan signed and sealed by a registered professional engineer in the State of Illinois, in triplicate, drawn to scale in such form as may be prescribed by the Department of Building and Zoning. The site plan shall show the ground area, height and bulk of the building or structure, building lines in relation to lot lines, use to be made of the building, structure or land and such other information as may be required by the Department of Building and Zoning.
A copy of each plat of survey and site plan shall be attached to the application for a building permit when it is submitted to the Department of Building and Zoning for zoning certification. The Department of Building and Zoning shall retain the application, attached plats and plans as public records.
13.5 CERTIFICATES OF OCCUPANCY
A building shall not be constructed or occupied, an existing building shall not be expanded or otherwise altered or occupied, a new land use shall not be established and an existing land use shall not be changed until a certificate of occupancy is issued by the Department of Building and Zoning see section 13.5.1 Every certificate of occupancy shall state that the land use and occupancy of buildings or structures comply with all provisions of this Ordinance and that buildings or structures are habitable and in conformance with all applicable building regulations.
13.5.1 APPLICATION
An application for a building permit shall be deemed an application for a certificate of occupancy. Every application for a change in land use, where no building permit is required, shall be made directly to the Department of Building and Zoning.
A certificate of occupancy for a building, addition or alteration shall not be issued until construction has been completed, the premises inspected and the Department of Building and Zoning has certified that the use conforms with applicable Cook County Ordinances. Pending the issuance of a certificate of occupancy, a temporary certificate may be issued. A temporary certificate of occupancy shall not exceed six (6) months. The Department of Building and Zoning shall issue either a certificate of occupancy or provide written notice to the applicant setting forth why a certificate of occupancy cannot be issued.
13.5.3 APPEALS
An application for a certificate of occupancy which has been denied by the Department of Building and Zoning due to non-compliance with this Ordinance may be appealed to the Zoning Board of Appeals pursuant to this Ordinance.
13.6.1 PURPOSE
The Zoning Board of Appeals, after a public hearing, may grant or deny a variation of ten (10) percent or less from the quantitative requirements of this Ordinance and shall recommend to the Cook County Board of Commissioners to grant or deny authorized variations in excess of ten (10) percent from any quantitative requirement of under this Ordinance. In making a decision or a recommendation, the Zoning Board of Appeals shall make findings of fact in accordance with standards prescribed in this Ordinance for variations, and shall also find that there are practical difficulties or particular hardships which prevent the applicant from strictly following regulations of this Ordinance. (Amend. Ord. 02-O-23, 07-09-02.)
13.6.2 APPLICATION AND NOTICE OF HEARING
An application for a variation shall be filed in triplicate with the Department of Building and Zoning. The Zoning Administrator shall reject applications for variations which do not comply with the provisions of this Ordinance. The Department of Building and Zoning shall forward one copy of the application to the Cook County Board Commissioner in whose district the property is located. The application shall contain such information as required by the rules of the Zoning Board of Appeals Department of Building and Zoning. Notice of the time and place of a public hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days, before the hearing in a newspaper of general circulation in Cook County. The published notice may be supplemented by additional notice as required by the rules of the Zoning Board of Appeals. In addition, notice of public hearings shall be as follows.
A. Notices shall be given to current real estate tax assesses, as shown on the records of the Cook County tax collector, and to all persons whose names are listed on mailboxes, doorbells or signs on lots lying within one hundred and fifty (150) feet of the property lines of the lot for which the variation is sought. When a condominium development is within one hundred and fifty (150) feet of the subject property, notice need only be sent to the condominium association.
B. Notices shall be in writing and shall give the variation number assigned by the Zoning Board of Appeals, the place, date and time of the hearing and shall be given not less than seven (7) days nor more than forty-five (45) days before the hearing. The applicant shall file a sworn affidavit containing a complete list of the names and last known addresses of the owners of the properties required to be served, the method of service, and the names and last known addresses of the persons served with copies of the notice. The affidavit shall create a presumption that notice was given as required. (Amend. Ord. 02-O-23, 07-09-02.)
The Zoning Board of Appeals shall not grant or deny a variance, or recommend to the Board of Commissioners that it grant or deny a variance, unless it the Zoning Board of Appeals first makes written findings of fact on each of the following standards based upon evidence presented.
A. Physical surroundings, shape or topographical condition of the property would result in hardship upon the owner, as distinguished from a mere inconvenience, if the provisions of this Ordinance were followed.
B. Conditions which are unique to the property exist and are not applicable to other properties within the same zoning classification.
C. Variation sought is not based exclusively upon a desire to make the property more profitable.
D. Hardship or alleged difficulty is caused by the this Ordinance and not by any person presently having an interest in the property.
E. Variation will not be detrimental to the public welfare or injurious to other properties or improvements in the neighborhood.
F. Variation will not impair an adequate supply of light and air to adjacent properties, substantially increase congestion in the public streets, increase the danger of fire, cause increased flooding risk to adjacent property, endanger public safety or substantially diminish or impair property values within adjacent neighborhoods. (Amend. Ord. 02-O-23, 07-09-02.)
13.6.4 CONDITIONS AND RESTRICTIONS
The Zoning Board of Appeals may impose or, in cases of variations in excess of ten (10) percent, recommend to the Board of Commissioners, such conditions and restrictions upon the premises benefited by a variation as may be necessary to reduce or minimize the effect of the variation upon other properties in the neighborhood and to better carry out the general intent of this Ordinance. Failure of the applicant to comply with conditions and restrictions imposed shall constitute a violation of this Ordinance. (Amend. Ord. 02-O-23, 07-09-02.)
13.6.5 AUTHORIZED VARIATIONS
A variation from the regulations of this Ordinance may be granted by the Zoning Board of Appeals Cook County Board of Commissioners only in the following instances and in accordance with standards set forth in this Ordinance.
A. Permit a yard or setback less than the yard or setback required by this Ordinance, but in no event shall the variation be greater than ten (10) percent from any quantitative requirement of this Ordinance.
B. Permit the use of a lot or lots for a use which is otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the area of the lot authorized by the variation be less than ninety (90) percent of the required area. The Zoning Board of Appeals Cook County Board of Commissioners shall not grant a variation which results in the division of a conforming lot or lots into two or more nonconforming lots. The Zoning Board of Appeals Cook County Board of Commissioners shall not allow a lot less than twenty forty thousand (240,000) square feet to be used for an individual septic system and water supply system, unless the Cook County Department of Public Health has approved the systems.
C. Permit the same off-street parking facility to qualify as a facility for two (2) or more uses, provided the substantial use of the facility by each user does not take place at the same hours of the same days of the week, and that the Cook County Highway Department has approved the proposed request.
D. Reduce required off-street parking or off-street loading facilities by not more than one (1) parking or loading space or ten (10) percent of the applicable requirements, whichever number is greater, provided that the Cook County Highway Department has approved the proposed request.
E. Increase by not more than ten (10) percent the maximum distance that required parking spaces are permitted to be located from the use served, provided that the Cook County Highway Department has approved the proposed request.
F. Increase dimensions or square footage of signs as provided in Article 12 and Ordinance No. 02-O-05.
G. Increase the maximum gross floor area of any use by an amount not to exceed ten (10) percent of the floor area ratio required by this Ordinance.
H. Grant variations for property located in a floodplain in accordance with the Floodplain Ordinance for Cook County, Illinois.
I. Reduce lot size when property has been diminished in size by eminent domain or by a conveyance in lieu of an eminent domain proceeding.
J. Grant height variations for freestanding cellular tower facilities by an amount not to exceed ten (10) percent of the permitted height as provided in Ordinance No. 01-O-32. No height variation for a cellular radio facility which is attached to or installed on a building shall be allowed. (Amend. Ord. 02-O-23, 07-09-02.)
13.6.6 GRANTING RECOMMENDING VARIATIONS
A majority vote of four (4) three (3) of the five (5) voting members of the Zoning Board of Appeals is required to:
A. Grant a variation of ten (10) percent or less.
B. Rrecommend to the Cook County Board of Commissioners to grant or deny a variation in excess of ten (10) percent.
No decision of the Zoning Board of Appeals Cook County Board of Commissioners granting a variation or recommending to the Board of Commissioners that a variation be granted or denied shall be valid for more than one (1) year, within which time unless a building permit must be is obtained and construction of the building or the use commenced. (Amend. Ord. 02-O-23, 07-09-02.)
An application for a variation of ten (10) percent or less which has been denied wholly or in part by the Zoning Board of Appeals, or an application for a variation of more than ten (10) percent which has been denied wholly or in part by the Cook County Board of Commissioners, shall not be resubmitted for a period of one (1) year from the date of the denial, except on grounds of new evidence or proof of changed conditions found to be valid by the Zoning Board of Appeals. (Amend. Ord. 02-O-23, 07-09-02.)
The districts established by this Ordinance may be amended by the Cook County Board of Commissioners. No map amendment shall be made without consideration of existing conditions, property values, trends of development and uses to which property is devoted.
13.7.2 INITIATION
A map amendment may be proposed by the President or a member of the Cook County Board of Commissioners or by any person or entity having an interest in the subject property. A map amendment shall be initiated as provided in this Article.
13.7.3 NOTICE OF APPLICATION
An applicant shall, not less than fifteen (15) days nor more than thirty (30) days before filing an application, serve written notice, return receipt requested, to the property owners within two hundred and fifty (250) feet of the lot lines of the subject property. The property owners receiving notice shall be those persons or entities whose names appear on the Cook County tax records. The number of feet occupied by public roads, streets, alleys and other public ways shall be excluded in computing the two hundred and fifty (250) feet requirement. Notice need not be sent to owners more than four hundred (400) feet from the subject property when public streets, alleys and other public ways are included in the computation. In addition, the applicant shall serve notice to the clerk of each municipality within one and one-half (1½) miles of the subject property, the superintendent of each local school district, the fire chief of each local fire protection district, the township clerk and township highway commissioner. Notice shall contain the address of the subject property, a brief statement of the nature of the application, the name and address of the applicant and a statement of the approximate date when the applicant intends to apply. If the property owner on which notice is served cannot be found, or the mailed notice is returned, the notice requirements of this provision shall be deemed satisfied provided the applicant made a bonafide effort to determine the owner's address.
13.7.4 APPLICATION
A. Applications shall be submitted to the Department of Building and Zoning in such form and accompanied by such information as required by the Department of Building and Zoning. The applicant shall file one (1) original and fifteen (15) copies of the application and all supporting documents. The applicant shall attest, and the Department of Building and Zoning shall independently verify, that no judicial proceeding for a violation of any Cook County Ordinance is pending pertaining to the subject property.
B. Applicants shall furnish to the Department of Building and Zoning a list of names and last known addresses of the persons served with notice. Applicant(s) shall also furnish a written statement to the Department of Building and Zoning certifying compliance with the notice requirements of this Ordinance.
C. Notices, as set forth in this Article, shall be served by the Secretary of the Zoning Board of Appeals when the applicant is either the President or a member of the Cook County Board of Commissioners. Notice shall be served not less than fifteen (15) days nor more than thirty (30) days before a scheduled public hearing.
D. Applications which fail to comply with this Section shall be returned by the Zoning Administrator to the applicant. The Zoning Administrator shall retain one (1) copy of the application and supporting documents.
13.7.5 DISCLOSURE
A. Property.
1. Applicants of property held in a land trust, shall disclose the identity of each beneficiary of the trust including the name, address and percentage of interest of each beneficiary. Disclosure shall be a statement under oath and filed at the time of the application.
2. Applicants of property owned by a partnership or association of two or more persons holding a common interest shall disclose the name and address of each partner or associate shall be listed. Disclosure shall be a statement under oath and filed at the time of the application.
3. Applicants of property owned by a corporation shall disclose the name, address and percentage of ownership interest of shareholders owning 5% or more of the corporation shall be disclosed. Disclosure shall be a statement under oath and filed at the time of the application.
B. Applicant.
1. Applicants acting as agents or nominees shall disclose their agency relationship shall be disclosed and the name and address of the principals and their interest in the subject property. If the principals are not individuals, the identity of the principals shall be disclosed as set forth. Disclosure shall be a statement under oath and filed at the time of the application.
2. Applicants who are either the President or a member of the Cook County Board Commissioners shall disclose any ownership interest in the property or any direct or indirect interest in the property and the nature of the interest. Disclosure shall be a statement under oath and filed at the time of the application.
3. Applicants who are a partnerships or associations of two or more persons holding a common interest the name, address and percentage of ownership interest of each partner or associate having more than a 5% interest Disclosure shall be a statement under oath and filed at the time of the application.
4. Applicants who are a corporation shall disclose the name, address and percentage of ownership interest of shareholders owning 5% or more of the corporation. Disclosure shall be a statement under oath and filed at the time of the application.
C. Applications which fail to comply with this Section shall be returned by the Zoning Administrator to the applicant. The Zoning Administrator shall retain one (1) copy of the application and supporting documents.
13.7.6 PROCESSING APPLICATIONS
The Zoning Board of Appeals shall forward a copy of the application, and all supporting documentation to the Cook County Commissioner in whose district the property is located, the Cook County Department of Planning and Development, the Cook County Department of Building and Zoning, the Cook County Department of Highways, the Cook County Forest Preserve District, the Cook County Department of Public Health, and the Department of Environmental Control at least thirty (30) days before a scheduled hearing date. Each reviewing department shall submit recommendations and comments to the Secretary of the Zoning Board of Appeals at least three (3) days before the scheduled hearing date. In addition, the Zoning Board of Appeals shall provide notice of the availability of the Application and supporting documents for inspection and copying to the superintendents of local school districts, the fire chiefs of local fire protection districts, the township highway commissioner, the township clerk and municipalities within one and one half (1 1/2 ) miles form the subject property.
Each reviewing department shall examine the application and supporting documentation based upon the following, as well as similar criteria.
A. Department of Planning and Development.
1. Economic impact.
2. Community need.
3. Trend of development.
4. Demographics.
5. Property values.
B. Department of Building and Zoning.
1. Site plan review.
2. Land use and permit review of properties in the vicinity of the proposed use.
3. Lot size.
4. Subdivision regulations.
C. Department of Highways.
1. Wetland mitigation and compensation.
2. Floodway and floodplain capacity and storage.
3. Drainage detention requirements.
4. Roads, bridges, culverts, driveways, sidewalks, ingress, egress and access control.
5. Subdivision regulations.
6. Drainage, utilities, road easements and dedications.
7. Criteria from other regulatory agencies such as the Metropolitan Water Reclamation District, Illinois Department of Transportation, Illinois Department of Natural Resources, United States Army Corps of Engineers, local fire protection agencies and townships.
8. Erosion and sediment control requirements.
D. Forest Preserve Districts
1. Compatibility of the proposed use with Forest Preserve holdings.
2. Impact on value of Forest Preserve holdings.
3. Future Forest Preserve acquisitions.
E. Department of Public Health.
1. Lot sizes for private septic systems and wells.
2. Subdivision regulations.
3. Swimming pools.
4. Public or community well and septic or sewage systems.
5. Health and safety concerns.
F. Department of Environmental Control.
1. Noise and odor regulations.
2. Soil geology and composition.
3. Wetland mitigation and compensation.
4. Discharges of effluent and particulate into the air, land and water.
5. Criteria from other regulatory agencies such as the Metropolitan Water Reclamation District, Illinois Environmental Protection Agency, Illinois Department of Natural Resources, United States Army Corps of Engineers and United States Environmental Protection Agency.
The County departments recommendations and comments shall be available to the applicant or its representative, upon request for review and/or reproduction prior to the hearing date.
13.7.7 NOTICE OF PUBLIC HEARING
A. Time and place of a public hearing shall be published in a newspaper of general circulation in Cook County not less than fifteen (15) days before the hearing. In addition, at least fifteen (15) days before the hearing, notice of the hearing shall be posted on the property proposed to be rezoned in such a way as to be plainly visible from the roadway or right-of-way passing the frontage of the property. Notice posted on the property shall be maintained until the date of hearing on a weatherproof sign that is at least three (3) feet by four (4) feet in size. The sign shall have a white background and contain the word "NOTICE" in red capital letters at least six (6) inches high. The remaining lettering shall be in black capital letters a minimum of three (3) inches in height. Notice shall contain at least the following language: "This property is the subject of a rezoning hearing before the Cook County Zoning Board of Appeals on (date) at (time) at (location)."
B. Written notice shall be served by regular mail and also by certified mail, return receipt requested, at least fifteen (15) days before the hearing, to the clerk of each municipality within one and one-half (1 1/2) miles of the property proposed to be rezoned. Notice shall also be sent, in the same manner, to the clerk of the township in which the property is located the superintendent of each school district and the fire chief of the local fire protection district in which the property is located. The notices shall contain the same information as the posted notice and shall also contain the legal description of the property, the common address of the property, the name of the applicant, the applicant's representative and a brief description of the requested map amendment. In addition, notice of all hearings shall be sent to each civic or property owners' organization requesting notice of hearings on map amendments. Failure to notify a civic or property owners' organization, however, shall not invalidate the hearing. Supplemental or additional notices may be published or distributed as prescribed by the Zoning Board of Appeals' rules. All required notices shall be provided at the expense of the applicant.
C. Applicants shall be responsible for the preparation of both posted and mailed notices and shall be solely responsible for the adequacy and accuracy of the information. The applicant shall also be responsible for placing and maintaining posted notice and for mailing and maintaining records of written notices. The Secretary of the Zoning Board of Appeals shall be responsible for assuring that notice by newspaper publication, at the expense of the applicant, is given.
D. Copies of an application shall be served in person or by certified mail on the owners of record within ten (10) days after the application is filed when the applicant is the President or a member of the Cook County Board of Commissioners. Where the application is filed by a person having an interest in the subject property, a notice and copy of the application shall be served in like manner upon persons or entities having an interest in the property. Notice and service requirements shall be in addition to posting and publishing requirements of this Article.
13.7.8 HEARING
The Zoning Board of Appeals shall hold at least one (1) public hearing on each application for a map amendment in the township in which the property is located an authorized representative of any County department that provided comment on the Application shall testify at the hearing if requested by the Zoning Board of Appeals. A record of proceedings shall be preserved in the manner prescribed by Zoning Board of Appeals' rules.
If there is a judicial proceeding for a violation of any Cook County Ordinance involving the subject property, the applicant shall not be entitled to seek, nor shall the Zoning Board of Appeals grant, a continuance.
13.7.9 STANDARDS AND FINDINGS OF FACT AND RECOMMENDATION OF THE ZONING BOARD OF APPEALS
A. Evidence submitted shall be reviewed by the Zoning Board of Appeals to determine whether the proposed use benefits public health, safety and welfare with respect to the following standards.
1. Uses of surrounding property.
2. Zoning classification of surrounding property.
3. Suitability of the subject property for the use permitted under the existing zoning classification.
4. Trend of development in the area.
5. Length of time the property has been vacant as zoned considered in the context of land development in the surrounding area.
6. Extent to which property values are diminished by particular zoning restrictions.
7. Need in the community for the proposed use.
8. Consistency with the Cook County Comprehensive Land Use and Policies Plan.
B. Applicants shall submit one (1) original and fifteen (15) copies of proposed findings of fact documenting how the proposed amendment meets the standard to the Zoning Board of Appeals within thirty (30) days of the public hearing. The applicant may seek, and the Zoning Board of Appeals may grant for good cause shown, one (1) thirty (30) day extension of time for the applicant to submit findings of fact. The Zoning Board shall, within seven (7) days from receiving the applicant's proposed findings of fact, forward the proposed findings of fact to the Cook County Commissioners in whose district the property is located, the Cook County Department of Planning and Development, the Cook County Department of Building and Zoning, the Cook County Department of Highways, the Cook County Forest Preserve District, the Cook County Department of Public Health, the Cook County Department of Environmental Control, to each municipality within one and one-half (1½) miles of the subject property. Any interested party, upon written request to the Zoning Board of Appeals, may review the applicant's proposed findings of fact. County departments, municipalities and other interested persons shall have thirty (30) days from receiving the applicant's proposed findings of fact to file a written response with the Zoning Board of Appeals.
The applicant or its representative may, within fourteen (14) days of the response period, review and/or furnish the Zoning Board of Appeals with any reply to the written responses filed.
C. Recommendations and comments of the Cook County Department of Planning and Development, the Cook County Department of Building and Zoning, the Cook County Department of Highways, the Cook County Forest Preserve District, the Cook County Health Department, the Cook County Department of Environmental Control and municipalities within one and one-half (1 1/2) miles of the subject property and local school and fire protection districts shall be considered and addressed in writing by the Zoning Board of Appeals in its findings and recommendations. The Secretary of the Zoning Board of Appeals shall prepare findings of fact and recommendations in accordance with this Article.
D. Written findings of fact and recommendations to approve or deny the Application shall be made by the Zoning Board of Appeals within ninety (90) days after the close of a public hearing on a proposed amendment. The Zoning Board of Appeals shall submit its findings and recommendations to the Cook County Board of Commissioners. The ninety (90) day period may be extended for thirty (30) days if the Zoning Board of Appeals granted an extension pursuant to this Article. Failure of the Applicant to provide a transcript of the hearing within sixty (60) days following the hearing shall void the Application.
E. Recommendation for the adoption of a proposed map amendment shall not be made by the Zoning Board of Appeals unless it makes written findings of fact that the proposed use satisfies each of the standards and is in the best interest of the public. In all cases, the recommendations to the Cook County Board of Commissioners are advisory only.
13.7.10 ACTION BY THE COOK COUNTY BOARD OF COMMISSIONERS
A. Final action shall not be taken on a proposed map amendment by the Cook County Board of Commissioners until the Zoning Board of Appeals' findings of fact and recommendations have been received.
B. Map amendments shall be approved by a favorable vote of three-quarters (3/4) of all members of the Cook County Board of Commissioners in cases where the Zoning Board of Appeals has not recommended adoption of a proposed map amendment or where there has been a written protest filed against a proposed map amendment in accordance with this Article.
C. Applications for map amendments shall be deemed denied if the Cook County Board of Commissioners has not taken final action within sixty (60) days of receiving the Zoning Board of Appeals' findings and recommendations.
The sixty (60) day period may be extended if a request for an extension is made by the applicant or by a Cook County Board Commissioner and is granted by the Board of Commissioners.
D. Decisions reached by the Cook County Board of Commissioners shall take into account the findings and recommendations of the Zoning Board of Appeals.
E. Map amendments granted by the Cook County Board of Commissioners shall be included in an ordinance passed by the County Board.
An application for a map amendment which has been denied wholly or in part by the Cook County Board of Commissioners shall not be resubmitted for a period of one (1) year from the date of the denial, except on grounds of new evidence or proof of changed conditions found to be valid by the Cook County Board of Commissioners.
13.7.12 TEXT AMENDMENTS
The Cook County Board of Commissioner's home rule authority to amend the text of this Ordinance shall not be limited by this Article.
13.8 SPECIAL USES
13.8.1 PURPOSE
The development and execution of this Ordinance is based upon the division of Cook County into zoning districts. In addition to permitted uses, there are special uses which may be necessary because of the unusual characteristics or services special uses provide to the public. Special uses require case by case consideration to determine public need, appropriate location, impact on adjacent, existing or future uses and compatibility to the planned development of the community. Special uses fall into two categories.
A. Uses publicly operated or traditionally associated with a public interest.
B. Uses generally consistent with permitted uses which give rise to unique problems or benefits by virtue of their impact on neighboring property, public facilities or Cook County as a whole.
A special use may be proposed by the President or a member of the Cook County Board of Commissioners or by any person or entity having an interest in the subject property. A special use shall be initiated as provided in this Article.
13.8.3 NOTICE OF APPLICATION
Applicants shall, not less than fifteen (15) days nor more than thirty (30) days before filing an application, serve written notice, return receipt requested, to the property owners within two hundred and fifty (250) feet of the lot lines of the subject property. The property owners receiving notice shall be those persons or entities whose names appear on the Cook County tax records. The number of feet occupied by public roads, streets, alleys, other public ways shall be excluded in computing the two hundred and fifty (250) feet requirement. Notice need not be sent to owners more than four hundred (400) feet from the subject property when public streets, alleys and other public ways are included in the computation. In addition, the applicant shall serve notice to the clerk of each municipality within one and one-half (1 1/2) miles of the subject property, the superintendent of each local school district, the fire chief of each local fire protection district, the township clerk and township highway commissioner. Notice shall contain the address of the subject property, a brief statement of the nature of the application, the name and address of the applicant and a statement of the approximate date when the applicant intends to apply. If the property owner on which notice is served cannot be found, or the mailed notice is returned, the notice requirements of this provision shall be deemed satisfied provided the applicant made a bonafide effort to determine the owner's address.
13.8.4 APPLICATION
A. Applications shall be submitted to the Department of Building and Zoning in such form and accompanied by such information as required by the Department of Building and Zoning. The applicant shall file one (1) original and fifteen (15) copies of the application and all supporting documents. The applicant shall include a written statement and evidence establishing that the proposed special use will conform to the standards set forth in this Article. The applicant shall attest, and the Department of Building and Zoning shall independently verify, that there is no judicial proceeding for a violation of any Cook County Ordinance pending pertaining to the subject property.
B. Applicants shall provide a development plan or schedule for phased development of the special use if the special use is not intended to be established within one (1) year. Upon approval, the development plan or schedule for the phased development shall be considered as a limitation and condition on the special use permit.
C. Applicants shall furnish to the Department of Building and Zoning a list of names and last known addresses of the persons served with notice. The applicant shall also furnish a written statement to the Department of Building and Zoning certifying compliance with the notice requirements of this Ordinance.
D. Notices, as set forth in this Article, shall be served by the Secretary of the Zoning Board of Appeals when the applicant is either the President or a member of the Cook County Board of Commissioners. Notice shall be served not less than fifteen (15) days nor more than thirty (30) days before a scheduled public hearing.
E. Applications which fail to comply with this Article shall be returned by the Zoning Administrator to the applicant. The Zoning Administrator shall retain one (1) copy of the application and supporting documents.
13.8.5 DISCLOSURE
A. Property.
1. Applicants of property held in a land trust shall disclose the identity of each beneficiary of the trust including the name, address and percentage of interest of each beneficiary. Disclosure shall be a statement under oath and filed at the time of the application.
2. Applicants of property owned by a partnership or association of two or more persons holding a common interest shall disclose the name and address of each partner or associate. Disclosure shall be a statement under oath and filed at the time of the application.
3. Applicants of property owned by a corporation shall disclose the name, address and percentage of ownership interest of shareholders owning 3% or more of the corporation. Disclosure shall be a statement under oath and filed at the time of the application.
B. Applicant.
1. Applicants acting as agents or nominees shall disclose their agency relationship and the name and address of the principals, and their interest in the subject property, shall be disclosed. If the principals are not individuals, the identity of the principals shall be disclosed as set forth below. Disclosure shall be a statement under oath and filed at the time of the application.
2. Applicants who are either the President or a member of the Cook County Board of Commissioners shall disclose any ownership interest in the property or any direct or indirect interest in the property and the nature of the interest. Disclosure shall be a statement under oath and filed at the time of the application.
3. Applicants who are partnerships or associations of two or more persons holding a common interest shall disclose the name, address and percentage of ownership interest of each partner or associate having more than a 5% interest. Disclosure shall be a statement under oath and filed at the time of the application.
4. Applicants who are corporations shall disclose the name, address and percentage of ownership interest of shareholders owning 5% or more of the corporation. Disclosure shall be a statement under oath and filed at the time of the application.
C. Applications which fail to comply with this Article shall be returned by the Zoning Administrator to the applicant. The Zoning Administrator shall retain one (1) copy of the application and supporting documents.
13.8.6 PROCESSING APPLICATIONS
The Zoning Board of Appeals shall forward a copy of the application, and all supporting documentation to the Cook County Commissioner in whose district the property is located, the Cook County Department of Planning and Development, the Cook County Department of Building and Zoning, the Cook County Department of Highways, the Cook County Forest Preserve District, the Cook County Department of Public Health, and the Cook County Department of Environmental Control at least thirty (30) days before a scheduled hearing date. Each reviewing department shall submit recommendations and comments to the Secretary of the Zoning Board of Appeals at least three (3) days before the scheduled hearing date. In addition, the Zoning Board of Appeals shall provide notice of the availability of the Application and supporting documents for inspection and copying to the superintendent of local school districts, the fire chiefs of local fire protection districts, the township highway commissioner, the township clerk and municipalities within one and one half (1 1/2) miles from the subject property.
Each reviewing department shall examine the application and supporting documentation based upon the following, as well as similar criteria.
A. Department of Planning and Development.
1. Economic impact.
2. Community need.
3. Trend of development.
4. Demographics.
5. Property values.
B. Department of Building and Zoning.
1. Site plan review.
2. Land use and permit review of properties in the vicinity of the proposed use.
3. Lot size.
4. Subdivision regulations.
C. Department of Highways.
1. Wetland mitigation and compensation.
2. Floodway and floodplain capacity and storage.
3. Drainage detention requirements.
4. Roads, bridges, culverts, driveways, sidewalks, ingress and egress and access control.
5. Subdivision regulations.
6. Drainage, utilities and road easements and dedications.
7. Criteria from other regulatory agencies such as the Metropolitan Water Reclamation District, Illinois Department of Transportation, Illinois Department of Natural Resources, United States Army Corps of Engineers, local fire protection agencies and townships.
8. Erosion and sediment control requirements.
D. Forest Preserve District.
1. Compatibility of the proposed use with Forest Preserve holdings.
2. Impact on value of Forest Preserve holdings.
3. Future Forest Preserve acquisitions.
E. Department of Public Health.
1. Lot sizes for private septic systems and wells.
2. Subdivision regulations.
3. Swimming pools.
4. Public or community well and septic or sewage systems.
5. Health and Safety concerns
F. Department of Environmental Control.
1. Noise and odor regulations.
2. Soil geology and composition.
3. Wetland mitigation and compensation.
4. Discharges of effluent and particulate into the air, land and water.
5. Criteria from other regulatory agencies such as the Metropolitan Water Reclamation District, Illinois Environmental Protection Agency, Illinois Department of Natural Resources, United States Army Corps of Engineers and United States Environmental Protection Agency.
The County department's recommendations and comments shall be available to the applicant or its representative, upon request, for review and/or reproduction prior to the hearing date.
13.8.7 NOTICE OF PUBLIC HEARING
A. Time and place of a public hearing shall be published in a newspaper of general circulation in Cook County not less than fifteen (15) days before the hearing. In addition, at least fifteen (15) days before the hearing, notice of the hearing shall be posted on the property for which a special use application has been filed in such a way as to be plainly visible from the roadway or right-of-way passing the frontage of the property. Notice posted on the property shall be maintained until the date of hearing on a weatherproof sign that is at least three (3) feet by four (4) feet in size. The sign shall have a white background and contain the word "NOTICE" in red capital letters at least six (6) inches high. The remaining lettering shall be in black capital letters a minimum of three (3) inches in height. Notice shall contain at least the following language: "This property is the subject of a special use hearing before the Cook County Zoning Board of Appeals on (date) at (time) at (location)."
B. Written notice shall be served by regular mail and also by certified mail, return receipt requested, at least fifteen (15) days before the hearing to the Clerk of each municipality within one and one-half (1½) miles of the property for which the special use application has been filed. Notice shall also be sent, in the same manner, to the clerk of the township in which the property is located and to the superintendent of each school district and the fire chief of the local fire protection district in which the property is located. The notices shall contain the same information as the posted notice and shall also contain the legal description of the property, the common address of the property, the name of the applicant, the applicant's representative and a brief description of the requested special use. In addition, notice of all hearings shall be sent to each civic or property owners' organization requesting notice of hearings on special uses. Failure to notify a civic or property owners' organization, however, shall not invalidate the hearing. Supplemental or additional notices shall be published or distributed as prescribed by Zoning Board of Appeals' rules. All required notices shall be provided at the expense of the applicant.
C. Applicants shall be responsible for the preparation of both posted and mailed notices and shall be solely responsible for adequacy and accuracy of the information. The applicant shall also be responsible for placing and maintaining posted notice and for mailing and maintaining records of written notices. The Secretary of the Zoning Board of Appeals shall be responsible for assuring that notice by newspaper publication, at the expense of the applicant, is given.
D. Copies of an application shall be served in person or by certified mail on the owners of record within ten (10) days after the application is filed when the applicant is the President or a member of the Cook County Board of Commissioners. Where the application is filed by a person having an interest in the subject property, a notice and copy of the application shall be served in like manner upon all other persons or entities having an interest in the property. Notice and service requirements shall be in addition to posting and publishing requirements of this Article.
The Zoning Board of Appeals shall hold at least one (1) public hearing for a special use in the township in which the property is located. An authorized representative of any county department that provided comment on the application shall testify at the hearing if requested by the Zoning Board of Appeals. A record of proceedings shall be preserved in the manner prescribed by Zoning Board of Appeals' rules.
If there is a judicial proceeding for a violation of any Cook County Ordinance involving the subject property, the applicant shall not be entitled to seek, nor shall the Zoning Board of Appeals grant, a continuance.
13.8.9 STANDARDS AND FINDINGS OF FACT AND RECOMMENDATION OF THE ZONING BOARD OF APPEALS
A. Special uses shall not be recommended by the Zoning Board of Appeals unless it makes written findings of fact consistent with the following standards.
1. Establishment, maintenance or operation of the special use will not be detrimental to or endanger public health, safety or general welfare.
2. Establishment, maintenance or operation of the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses already permitted, nor diminish and impair property values within the neighborhood.
3. Establishment, maintenance or operation of the special use will not impede the normal and orderly development and improvement of surrounding property for permitted uses.
4. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
5. Adequate measures have been, or will be, taken to provide ingress and egress designed to minimize traffic congestion in public streets.
6. Establishment, maintenance or operation of the special use shall in all other respects conform to all Cook County Ordinances, unless otherwise authorized by the Cook County Board of Commissioners pursuant to the recommendation of the Zoning Board of Appeals.
B. Applicants shall submit one (1) original and fifteen (15) copies of proposed findings of fact documenting how the proposed special use meets the standards, to the Zoning Board of Appeals within thirty (30) days of the public hearing. The applicant may seek, and the Zoning Board of Appeals may grant for good cause shown, one (1) thirty (30) day extension of time for the applicant to submit findings of fact. The Zoning Board of Appeals shall, within seven (7) days of receiving the applicant's proposed findings of fact, forward the proposed findings of fact to the Cook County Commissioner in whose district the property is located, the Cook County Department of Planning and Development, the Cook County Department of Building and Zoning, the Cook County Department of Highways, the Cook County Forest Preserve District, the Cook County Health Department, the Cook County Department of Environmental Control to each municipality within one and one-half (1 1/2) miles of the subject property and local school and fire protection districts. Any interested party, upon written request to the Zoning Board of Appeals, may review the applicant's proposed findings of fact. County departments, municipalities and other interested persons shall have thirty (30) days from receiving the applicant's proposed findings of fact to file a written response with the Zoning Board of Appeals.
The Applicant or its representative may, within fourteen (14) days of the response period, review and/or furnish the Zoning Board of Appeals with any reply to the written response filed.
C. Recommendations and comments of the Cook County Department of Planning and Development, the Cook County Department of Building and Zoning, the Cook County Department of Highways, the Cook County Forest Preserve District, the Cook County Health Department, the Cook County Department of Environmental Control, and municipalities within one and one-half (1 1/2) miles of the subject property and local school and fire protection districts shall be considered and addressed in writing by the Zoning Board of Appeals in its findings and recommendations. The Secretary of the Zoning Board of Appeals shall forward findings of fact and recommendations in accordance with this Article.
D. Written findings of fact and recommendations to approve or deny the Application shall be made by the Zoning Board of Appeals within ninety (90) days after the close of a public hearing on a proposed special use. The Zoning Board of Appeals shall submit its findings and recommendations to the Cook County Board of Commissioners. The ninety (90) day period may be extended for thirty (30) days if the Zoning Board of Appeals granted an extension pursuant to this Article.
E. Recommendation for the adoption of a proposed special use shall not be made by the Zoning Board of Appeals unless it makes written findings of fact that the proposed use satisfies each of the standards and is in the best interest of the public. In all cases, the recommendations to the Cook County Board of Commissioners are advisory only.
13.8.10 CONDITIONS AND GUARANTEES
The Zoning Board of Appeals may recommend, and the Cook County Board of Commissioners may impose, conditions and restrictions upon a special use to assure compliance with standards and requirements of this Ordinance. The Cook County Board of Commissioners may require evidence and guarantees to ensure that the applicant complies with the conditions and restrictions of the special use. Failure of the applicant to comply with such conditions or restrictions shall constitute a violation of this Ordinance.
13.8.11 ACTION BY THE COOK COUNTY BOARD OF COMMISSIONERS
A. Final action shall not be taken on a proposed special use by the Cook County Board of Commissioners until the Zoning Board of Appeals' findings of fact and recommendations have been received.
B. Special uses shall be approved by a favorable vote of three-quarters (3/4) of all members of the Cook County Board of Commissioners in cases where the Zoning Board of Appeals has not recommended adoption of a proposed special use or where there has been a written protest filed against a proposed special use in accordance with this Article.
C. Applications for special uses shall be deemed denied if the Cook County Board of Commissioners has not taken final action within sixty (60) days of receiving the Zoning Board of Appeals' findings and recommendations. The sixty (60) day period may be extended if a request for an extension is made by the applicant or by a Cook County Board Commissioner and is granted by the Board of Commissioners.
D. Decisions reached by the Cook County Board of Commissioners shall take into account the findings and recommendations of the Zoning Board of Appeals.
E. Special uses granted by the Cook County Board of Commissioners shall be included in an ordinance passed by the County Board.
13.8.12 PLANNED UNIT DEVELOPMENTS
A planned unit development shall conform to the requirements in Article 9.
13.8.13 EFFECT OF DENIAL
Applications for special uses which have been denied wholly or in part by the Cook County Board of Commissioners shall not be resubmitted for a period of one (1) year from the date of the denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Cook County Board of Commissioners.
13.8.14 REVOCATION
A special use which has been approved but not established on a zoning lot within one (1) year or as otherwise provided by the special use permit shall be null and void. A special use is established on the date of issuance of a building permit. The Zoning Board of Appeals shall not have authority to extend the time limitation contained in a special use permit. If a special use is revoked by operation of this provision, and if the special use was granted in conjunction with a map amendment, the map amendment shall be revoked concurrently with revocation of the special use. Upon revocation, zoning of the subject property shall revert to the prior zoning classification unless otherwise authorized by the Cook County Board of Commissioners.
An application for a map amendment, special use or variation shall be accompanied by a fee established by resolution of the Cook County Board of Commissioners. All fees shall be collected by the Department of Building and Zoning for deposit with the Cook County Treasurer.
A person, firm or corporation, or their agents, employees or contractors, who violate, disobey or refuse to comply with, or resist enforcement of any provision of this Ordinance shall be subject to a fine of not more than two hundred dollars ($200) for each offense. Each day a violation continues to exist shall constitute a separate offense and a separate fine.
The Department of Building and Zoning shall determine what properties, buildings, uses or structures fail to comply with provisions of this Ordinance. The Department of Building and Zoning shall give due notice of existing violations to owners, their agents, lessees, assigns or contractors. Failure to bring violations into compliance with this Ordinance shall result in the Department of Building and Zoning using any enforcement authority available to it including referring the violation to the Cook County State's Attorney. The Cook County State's Attorney may file legal action in any court of competent jurisdiction seeking an injunction to require compliance or for such other relief as the State's Attorney deems appropriate.
13.12 DISCLOSURE OF BENEFICIARIES OF A TRUST
The liabilities imposed by this Ordinance shall attach to a trustee under a land trust unless the trustee discloses, in writing, the name and the last known address of each person holding a beneficial interest in the trust.
13.13 PROTESTS BY MUNICIPALITIES OR PROPERTY OWNERS
The following persons and entities may file written protests pertaining to map amendments and special uses (including planned unit developments and unique uses) and shall have the right to present their comments at a public hearing.
A. Owners of twenty (20) percent of any property immediately adjoining the subject property.
B. Owners of twenty (20) percent of any property whose land has frontage across an alley or street from the subject property.
C. City Council or Board of Trustee members of a municipality within one and one half (1 1/2) miles of the property. Protests shall be made by resolution or ordinance.
13.13.1 RULES FOR WRITTEN PROTEST
A. Protesting parties must file a written protest with the Secretary of the Zoning Board of Appeals not earlier than seven (7) days and not later than thirty (30) days after the last public hearing. If the 30th day falls on a weekend or a holiday observed by Cook County, the 30th day shall be considered the next weekday.
B. Protesting parties shall indicate in their written protest that they have considered the application, supporting documents and the evidence presented at the hearing.
C. Protesting parties must circulate their protest to the applicant or the applicant's attorney of record.
D. Protesting parties, or their authorized representative, shall give oral testimony, under oath, if requested by the Zoning Board of Appeals.
E. Protesting parties must address one or more of the standards upon which the Zoning Board of Appeals is required to base its findings as set forth in this Ordinance.
F. Validity of protest shall be determined by the Cook County Board of Commissioners.
13.14 ADULT REGULATED USES
The Supreme Court of the State of Illinois has determined that the purpose of Adult Regulatory Ordinances serves a valid governmental interest. In the development and execution of this Ordinance, it is recognized that there are some uses which, because of their very nature, cause negative secondary effects which have a deleterious effect upon adjacent residential and commercial areas where nurseries, schools, nursing homes, churches and similar uses are located. Zoning and special regulations of adult uses are necessary to ensure that adverse effects will not blight, down-grade or discourage normal development of surrounding neighborhoods. To prevent adult uses from having an adverse effect upon residential and commercial areas, adult uses are permitted only in I-2, I-3 and I-4 industrial zoning districts. Adult uses consist of the following.
A. Adult booths.
B. Adult entertainment cabarets.
C. Adult motion and mini-motion picture theaters.
D. Adult stores.
E. Massage parlors.
F. Massage schools.
13.14.2 SPECIAL PROVISIONS
A. Provisions of this Ordinance pertaining to adult uses shall not be construed to permit any use or activity that is prohibited by law.
B. Requirements shall apply to adult booths as set forth below.
1. Booths shall be visible from a well-illuminated continuous main aisle.
2. Booths shall not be obscured by any curtain, door or other enclosure.
3. Booths shall have all side and rear walls without holes or openings.
4. Booths shall not be occupied by more than one patron or person at the same time.
5. Booths shall be illuminated by an incandescent light no less than 25 watts.
Approved and adopted this 9th day of July 2002.
XXXXXXXXXXXXXXXXXXXXX
JOHN H. STROGER, JR., President
Cook County Board of Commissioners
(S E A L)
Attest: XXXXXXXXXXXXXXXXX
DAVID ORR, County Clerk