RULES OF PROCEDURE

W/ ORDINANCES
WINNEBAGO COUNTY ZONING BOARD OF APPEALS
I. GENERAL PROVISIONS.
A. The following rules are adopted pursuant to Section 90-37 (b) of the Zoning Ordinance of
Winnebago County.

B. The office of the Winnebago County Zoning Board of Appeals shall be the Winnebago
County Zoning Office located in the Winnebago County Administration Building,
Rockford, Illinois.

II. OFFICERS and DUTIES.

A. The officers of the Zoning Board of Appeals shall be the Chairman appointed by the
Winnebago County Board and an Acting Chairman appointed by the Chairman of the
Zoning Board of Appeals.

B. The Chairman shall preside at all meetings of the Zoning Board of Appeals and shall
provide the oath to be administered to all witnesses.

C. In the Chairman’s absence, the Acting Chairman shall perform all duties and exercise all
powers of the Chairman.

III. MEETINGS.
A. All meetings of the Zoning Board of Appeals shall be open to the public.

B. Meetings shall be scheduled by the Chairman at a time when a quorum will be able to
attend.

C. A quorum shall consist of four (4) members of the Zoning Board of Appeals.

IV. ORDER OF BUSINESS.

A. The Chairman shall:
1. Call the meeting to order.
2. Provide an Opening Statement outlining the role of the Zoning Board of Appeals.
3. Outline the following ground rules for the public hearing:
a) Anyone wishing to speak must first be sworn in before providing testimony.
b) Only one person at a time may provide testimony.
c) Testimony will not be heard until the individual is recognized by the Chairman.
d) Base relevant testimony around the applicable standards pertinent to the petition.
Deliberation will be based on relevant testimony specific to the applicable standards.
e) Demonstrate respect for other points of view. Statements that are intended to be
inflammatory or derogatory will not be tolerated.
f) Disruptions/outbursts, such as applause or booing will not be tolerated.
g) If an individual is ruled “out of order” due to disruptive behavior, he/she may be
removed from the hearing.
4. Request action on transcripts of previous Zoning Board of Appeal’s meeting(s).
5. Call items on agenda requesting withdrawal. All withdrawals must be in writing and
may be requested by the petitioner at any time.

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WINNEBAGO COUNTY ZONING BOARD OF APPEALS

6. Call items on agenda requesting continuances. All continuances must be made in

writing either prior to the hearing or verbally at the hearing.
a) For items on the agenda for the first time, a continuance may be granted by
the Chairman.
b) For items which have previously been continued, a further continuance must
be approved by a majority of the Board members present upon the petitioner
presenting evidence why he/she is unable to proceed with the hearing. If the
continuance is granted and opposing parties are in attendance, they may be
permitted to present their evidence out of order at that time.
7. Call Old Business (if any).
8. Call New Business.

B. Failure of an applicant to appear.

1. For an item on the agenda for the first time, that item shall be continued until the next
scheduled hearing.
2. For an item which has previously been on the agenda, that item shall be denied by the
Board.

V. PROCEDURES AT HEARINGS.
A. At the time of the hearing, an applicant or objector may appear in person or may be
represented by counsel. Anyone may appear and testify on behalf of any interested party.

B. Prior to testifying, all witnesses, including staff, shall state their names and addresses and
testify under oath. If anyone provides testimony or evidence for more than one
petition/case, he/she shall be sworn in for each petition/case.

C. Evidence shall be presented in the following order:

1. The Chairman shall administer oaths to all who wish to testify.
2. The Petitioner presents his/her evidence, including others who wish to testify on his/her
behalf.
3. Opponents present their evidence, including others who wish to testify on their behalf.
4. The members of the Board may question anyone who has testified. Questions from the
Board shall solicit responses specific to the standards that are applicable to each
petition/case. No member of the Zoning Board of Appeals should debate or argue with
persons in the audience.
5. The Petitioner may present a summary.
6. The Opponents may present a summary.
7. The Petitioner may present a rebuttal.
8. Cross-examination will be allowed as required by law.

D. All exhibits used at the hearing shall be marked and submitted to the Zoning Officer and
retained for at least one year.

E. The Board shall not be bound by the strict rules of evidence. The Chairman may exclude
irrelevant, immaterial, incompetent, or unduly repetitious testimony or other evidence.

VI. DECISIONS.
A. When the testimony stage on a petition/case is concluded, the Zoning Board of Appeals
will proceed immediately with its deliberations and make its determination in public.
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WINNEBAGO COUNTY ZONING BOARD OF APPEALS

During deliberation, the testimony stage is closed. Members of the Board shall not ask
questions of any interested party at this time. Audience participation is out of order during
the deliberation stage.

B. Findings of fact, when required (Special Use Permits and Variations), shall be written and
approved by the Zoning Board of Appeals’ members during the deliberations. Evidence,
unrelated to required findings, is irrelevant and immaterial, and discussions pertaining to
that evidence would be out of order.

C. Motions shall be stated to recommend approval rather than to recommend denial of

petitions/cases heard by the Zoning Board of Appeals.

D. An affirmative recommendation to the County Board is achieved from the Zoning Board of
Appeals when four (4) or more members cast a favorable vote to recommend approval.

E. For a Special Use Permit, Section 90-39(c)(4) states that for the Zoning Board of Appeals
to make an affirmative recommendation on any proposed Special Use Permit, it must find
that all of the standards are met.

F. For a Variation, Section 90-40(c)(4) states that for the Zoning Board of Appeals to make an
affirmative recommendation on any proposed variation, it must find that a majority of the
standards are met.

G. For specific Special Uses in the AG district, Section 90-113(b) states that "the zoning board
of appeals may grant special use permits as allowed in subsections (17) and (19) below:

1. (17) The lot size and road frontage requirements set forth in subsections (c)(1) and
(c)(2) of this section may be reduced by special use permit.
2. (19) One single-family detached dwelling per quarter-quarter section, or single lot or
parcel of record as of June 24, 1982, which is determined unbuildable because it lacks
the frontage required under subsection (a)(2) of this section.

An affirmative recommendation of the Zoning Board of Appeals may grant the Special Use
Permits listed above without further action from the County Board.

VII. AMENDMENTS of RULES.

A. Any proposed amendment to these rules must be presented in writing to the Zoning Officer
at least fourteen days prior to the next meeting of the Zoning Board of Appeals and
thereafter entered on the agenda for that meeting.

B. A favorable vote of four (4) members shall be required to adopt any proposed amendments
to the Rules of Procedure.

VIII. CONFLICT of INTEREST.

A. Any Board member who has a conflict of interest in any matter before the Zoning Board of
Appeals shall not participate in either the subject hearing, deliberation, or decision in that
matter. A conflict of interest occurs when a Board member has a financial or personal
interest in the property or action concerned, or will be directly affected by the decision, or
has or believes he/she has any other conflict of interest as defined by applicable law. Any
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RULES OF PROCEDURE W/ ORDINANCES
WINNEBAGO COUNTY ZONING BOARD OF APPEALS

such conflict shall be reported to the Chairman of the Zoning Board of Appeals prior to
subject hearing. The Chairman shall have the ability to allow abstentions upon
demonstrated conflict of interest. If the Chairman is uncertain of the existence of a conflict
of interest, he/she shall seek advice from counsel to the Board.

(Adopted by the Winnebago County Zoning Board of Appeals December 4, 1985 by a unanimous
vote of 7-0; revised and adopted by the Winnebago County Zoning Board of Appeals June 14,
2006 by a unanimous vote of 5-0.)

ORDINANCES
TO RULES OF PROCEDURES

I. GENERAL PROVISIONS
(A) Chaper 90, Section Sec. 90-37(b)
Sec. 90-37(b). Zoning board of appeals.
(b) Meetings and rules. All meetings of the board of appeals shall be held at the call of the
chairman and at such other times as the board may determine. All hearings conducted by the
board shall be open to the public. Any person may appear and testify at a hearing, either in
person or by a duly authorized agent, or attorney. The chairman, or in his absence, the acting
chairman, may administer oaths and compel the attendance of witnesses. The board shall keep
minutes of its 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 hearings and other official
actions. Every rule or regulation, every amendment or repeal thereof and every order,
requirement, decision or determination of the board shall be filed immediately in the zoning
office and shall be a public record. The board shall adopt its own rules of procedure not in
conflict with this chapter or with the applicable state statutes, a copy of which shall be filed in
the zoning office.

II. DECISIONS
(E) Chapter 90, Sec. 90-39(c)(4)
Sec. 90-39. Special uses.
c) Public hearing. A public hearing shall be conducted as follows:
(4) Findings of facts. Within 45 days after the close of the public hearing on a proposed special
use, the board of appeals shall make written findings of fact and shall submit same together with
its recommendation to the county board. For the board of appeals to make an affirmative
recommendation on any special use permit, it must find that each of the following items are met:
a. The establishment, maintenance or operation of the special use will not be detrimental
to or endanger the public health, safety, morals, comfort or general welfare;
b. 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 and
impair property values within the neighborhood;
c. The establishment of the special use will not impede the normal or orderly development
and improvement of the surrounding property for uses permitted in the district;
d. Adequate utilities, access roads, drainage and/or necessary facilities have been, are
being or will be provided;
e. Adequate measures have been or will be taken to provide ingress or egress so designed
as to minimize traffic congestion in the public streets; and

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WINNEBAGO COUNTY ZONING BOARD OF APPEALS

f. The special use shall, in all other respects, conform to the applicable regulations of the
district in which it is located.

(F) Chapter 90, Sec. 90-40(c)(4)

Sec. 90-40. Variations.
(c) Public hearing. A public hearing shall be conducted as follows:
(4) Finding of fact. Within 45 days after the close of the public hearing on a proposed variation,
the board of appeals shall make a written finding of fact and submit its recommendation to the
county board. For the board of appeals to make an affirmative recommendation on any proposed
variation, it must find that a majority of the following items are met:
a. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations were to be carried out;
b. The conditions upon which a petition for a variation is based are unique to the property
for which the variation is sought and are not applicable, generally, to other property within
the same zoning classification;
c. The purpose of the variation is not based exclusively upon a desire to increase the value
or income potential of the property;
d. The granting of the variation will not be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located;
e. The proposed variation will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets or increase the danger
of fire, endanger the public safety or substantially diminish or impair property values within
the neighborhood; and
f. The proposed variance complies with the spirit and intent of restrictions imposed by this
chapter.

(G) Chapter 90, Sec. 90-113(b)

Sec. 90-113.AG agricultural priority district.
(b) Special uses. The following uses may be allowed by special use permit in accordance with the
provisions of article VI of this chapter, provided that the buildings and premises will be in compliance
with all the applicable state and county building, health and fire regulations.

The zoning board of appeals may grant special use permits as allowed in subsections (17) and (19)
below:
(1) One single-family detached dwelling in addition to those allowed under subsection (a)(2)
of this section, provided:
a. The entire quarter-quarter section was contained within a single lot or parcel of record
as of June 24, 1982.
b. The applicant submits the following at the time of application for a special use permit:
1. Clear and convincing evidence that the property in question is not suitable for
agricultural use. This shall require evidence that:
i. Eighty percent or more of the proposed lot contains land defined as nonprime
farmland by the county soil and water conservation district; and/or
ii. Manmade or natural barriers preclude the use of the site for agriculture.
2. Results of soil borings for the property showing that the soil is suitable for septic
systems.
c. The property meets all of the requirements established for single-family dwelling units
under subsection (a)(2) of this section.

(2) Cemeteries, including crematories and mausoleums in conjunction therewith, if not located
within 500 feet of any dwelling.

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WINNEBAGO COUNTY ZONING BOARD OF APPEALS

(3) Outdoor theaters and indoor theaters which are an integral part of an outdoor theater
complex.

(4) Penal and correctional institutions.

(5) Private and public recreational facilities and commercial entertainment and tourist
establishments, including, but not limited to, picnic and recreational campgrounds, as regulated
by section 90-246; dining and dancing establishments; archery clubs; gun clubs; Par-3 golf
courses; automobile, cycle, snowmobile race tracks or courses; commercial stables and riding
trails; and commercial fishing ponds or lakes and/or similar tourist facilities.

(6/a) Extraction and removal of sand, gravel, topsoil or other aggregate, but not including
equipment, buildings or structures for screening, mixing, washing or storage, except as may be
specifically authorized for a limited period of time.

(6/b) Stone and gravel quarries and crushing, grading, washing and loading equipment and
structures.

(7) Radio and television towers and accessory facilities.

(8) Sanitary landfills.

(9) Filling of holes, pits, quarries and lowlands with protrusive material free from refuse or
food waste.

(10/a) Manufacturing of asphalt and asphalt products or concrete and concrete products,
provided that such manufacturing is performed only at the site where gravel or crushed stone
aggregate is extracted.

(10/b) Concrete storage and crushing, provided all EPA requirements are met.

(11) Institutions for the rehabilitation, education or training of disabled persons.

(12) Automobile wrecking yards, provided they are screened from view from adjacent
property or rights-of-way.

(13) Agribusinesses, including:

a. Feedlots, stockyards, or other concentrated animal feeding operations (CAFOs).
b. Agricultural and horticultural consulting services.
c. Sod laying services.
d. Wine and brandy making.
e. Slaughterhouses.
f. Sawmills.
g. Store to conduct retail sales of feed, seed and such farm implements as are incidental
thereto; but excluding sales of farm implements used for tillage and harvesting of crops.

(14) Golf courses, regulation size, but not including Par-3 golf courses, commercially operated
driving ranges or miniature golf courses, and provided that no clubhouse or accessory buildings
shall be located nearer than 200 feet to any dwelling.

(15) Seminaries, convents, monasteries and similar religious institutions, including

dormitories and other accessory uses required for operation, provided such uses are located on a
tract of land of not less than ten acres.
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WINNEBAGO COUNTY ZONING BOARD OF APPEALS

(16) Veterinary office and hospital.

(17) The lot size and road frontage requirements set forth in subsections (c)(1) and (c)(2) of
this section may be reduced by special use permit.

(18) Every special use authorized in the AG district shall be located on a tract of land the
minimum size of which shall be specified in the special use permit.

(19) One single-family detached dwelling per quarter-quarter section, or single lot or parcel of
record as of June 24, 1982, which is determined unbuildable because it lacks the frontage
required under subsection (a)(2) of this section.

(20) Accessory land uses and activities allowed as special uses, including:
a. Remote, isolated, or off-premises off-street parking as required or permitted in
accordance with the provisions of article VII of this chapter.
b. The sale of products produced on the property direct to the public from other than a
temporary, seasonal roadside stand or an existing farm building, or when items not
produced from agricultural activities on the property are available for sale, as an
accessory use by occupant of single-family residence.
c. Dog kennels, commercial, as an accessory use by occupant of single-family residence.
d. Medical or dental office or clinic, as an accessory use by occupant of single-family
residence.
e. Day care centers, as an accessory use by occupant of single-family residence.
f. Use of buildings previously allowed under subsections (a)(1), (a)(5), (a)(6), (b)(4) and
(b)(16) of this section, as an accessory use by occupant of single-family residence,
provided that:
1. There is no enlargement or expansion of the buildings.
2. There is no alteration of the external appearance of the premises unless
approved in accordance with the procedures in section 90-39.
3. For buildings previously allowed under subsection (a)(2) of this section, in
addition to the other provisions of subsection (b)(19)f. [(b)(20)f.] of this section:
i. The building must have been used for agricultural purposes for at least
one year;
ii. A residence cannot be considered for conversion; and
iii. A preapplication conference with the building and zoning departments
must be held.
g. Bed and breakfast establishments, or lodging rooms not meeting the home occupation
regulations as provided for in article V of this chapter, as an accessory use by occupant of
single-family residence.
h. Residential and agricultural contractor's office and buildings, provided that all
material, equipment, and vehicles, excluding motor vehicles requiring periodic
registration, shall be stored or parked within a completely enclosed building which meets
all of the requirements of the county building code, contained within chapter 18 of this
Code, as an accessory use by occupant of single-family residence.
i. Restricted landing areas, as an accessory use by occupant of single-family residence.
j. Automobile service or repair shops, as an accessory use by occupant of single-family
residence, provided the number of customer vehicles present on the property is limited to
the number of vehicle work spaces available inside the shop building.
k. Live bait shops, with limited fishing supplies, as an accessory use by occupant of
single-family residence, provided the area of outside display or sales shall not exceed the
area of inside space.

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