Planning commission recommends revisions to text amendment to create zoning hearing officer, limit terms and allow certain amendments

The Lee County Planning Commission reviewed a petition to amend zoning text that would replace the current five‑member zoning board of appeals with a single, licensed zoning hearing officer and to permit limited amendments to special‑use permits before a building permit is pulled. The commission recommended the petition with revisions that would add language allowing removal of the hearing officer, limit the officer’s term, and require annual review by the county board.

The change was proposed by county staff as a response to litigation and perceived conflicts of interest in a small community, and staff said the county expects to hire an outside attorney to serve as the hearing officer to avoid local conflicts. Planning staff told the commission they had discussed the approach with other counties and cited Whiteside County as an example that recently moved to the hearing‑officer format.

Commissioners asked whether a hybrid model or periodic reviews would be appropriate. The planning commission first moved to accept the petition as written; that motion failed for lack of a second. The commission then moved to accept a revised version and that motion passed. Among the recommended revisions are: authority for the county to remove the hearing officer if necessary, explicit term limits for the position, and an annual review process by the county board. The commission also added language to prevent the hearing officer from creating standalone procedures without county board oversight.

Staff said the county attorney’s office would oversee hiring and that the county plans to name a hearing officer and an alternate; the officers would likely come from outside the county to avoid perceived conflicts. Commissioners discussed pay and workload; staff said the role would likely be filled by an attorney in private practice and would be budget‑neutral, used as needed and not necessarily full‑time.

Planning staff also told the commission they are drafting language that would allow certain special‑use permit conditions to be amended after county board approval but prior to pulling building permits so that practical contract timing issues (for example, removal timeframes in solar leases tied to commercial operation) do not force full rehearings of large projects.

The commission’s recommendation will go to the Lee County Board; staff said the county board may hold the petition over for a month under its rules and that the text amendment could possibly be enacted in April if the county board advances it.

The planning commission record lists the members present as Chuck Beckman (retired judge), Ben Forster, Emily Pratt, Chris Jones, Ellen Smith, and alternate Amy Palmer. Staff said retired judge Tim Slavin was being considered as a possible hearing officer, and that Mr. Zollinger (from Whiteside County) had been contacted but was not available.