A protest petition is a document objecting to a rezoning signed by owners of lands proposed to be rezoned and / or by owners of land abutting property. To be effective, the lands owned by the signers must make up 50% or more of the lands being rezoned or must be over 50% of the total perimeter of the area located within 300 feet of the area proposed to be rezoned. The protest petition must be received by the county clerk at least 24 hours prior to the DATE of the County Board meeting at which the board is to consider the report of the planning commission on the proposed change (amendment).
The County Clerk should bring any such petition to the attention of the county board. Ownership facts, area and perimeter facts must be verified and the date of receipt must be reviewed. The responsibilities rest with the board to accomplish this check. The board can have the check done before or during the board meeting by the officers and staff or it may refer the matter back to the planning commission for a report the authenticity of the ownership statements.
After the board receives the report on the petition, it can proceed. If the petition is found to be valid, the proposed rezoning must be adopted by the affirmative vote of ¾ of the County Board members PRESENT and VOTING. If the petition is found to be untrue to the extent that the required frontage or area ownership is not present, the protest may be disregarded.