Woods & Wetlands Sprawl and Zoning

Updated 7/24/05

Zoning has been one of the primary factors encouraging sprawl, but now can be helpful in preventing it.

Zoning was conceived as a way for communities to isolate polluted and undesirable areas from places where affluent residents could live in peace. As population has grown, communities' boundaries have expanded toward each other, and the damage to our environment has become a vital concern of Americans. The use of zoning to ignore pollution and social dysfunction has become unpopular, and even illegal. With modern environmental laws, many industrial pollution sources have been restricted, and their impact has decreased, making industry more compatible with livable communities. Notable exceptions are facilities that predated the passage of our national environmental laws in the 1970's and continue to exploit enforcement loopholes in the 21^st century, and the entrenched enforcement practices of the IL EPA.

While pollution from industry is now less of a concern, many communities still have zoning in place that restricts uses in pre-designated areas, and the legal ability of a municipality to enforce its zoning relies on consistency, fairness, and benefit to the community. New communities are adopting mixed zoning that reduces transportation problems. And conservation zoning and open space districts, which recognize the value of open space in a community, have become more common.

Developers interested in maximizing their profits will typically envision more intensive use of the land, and seek a zoning change from the host community. If the land is presently unincorporated, this will often be a stipulation within a request for annexation into an incorporated village or city capable of supporting more services. Providing these services always places a greater burden on the community to maintain infrastructure and services that cannot be directly attributed to the new development, even if impact fees are levied to compensate for those that can. The Lake County Board is presently not receptive to widespread zoning density increases, so annexation requests have become common to circumvent that as well. Annexation is a topic unto itself, and we would appreciate having you write a primer like this on it. Higher density can be a good thing for the environment, and reduce sprawl, if it is adopted in urban areas with walkable and bikable access to transit and services, because it redirects development away from our prairies, woods, wetlands, savannas, bluffs; all areas we refer to as "open space." But we expect that those reading this are alarmed that a neighboring property is under consideration, are concerned that a change will damage the value of your property and your personal environment, and feel that anything like this should be "Not In My Back Yard." If so, you are a NIMBY, and we hope you will join us with a more regional concern when you have done what you can to protect your neighborhood.

Zoning changes have been legally opposed and argued before courts in Illinois, and continue to be. The outcomes of these cases, and the judges' written opinions in deciding the outcomes have become important precedents in arguing and deciding future cases. Citing these requirements, whether or not you decide to sue to protect your property, will signal to the municipality that they might have to defend their decision in court, and strongly encourage them not to take their responsibility to the community lightly. In 2000 the landmark case in Lake County of Northern Trust Bank v. Co. of Lake, No. 2-99-0368 clearly set out the eight requirements for a zoning change.

In deciding whether the zoning change is valid, courts consider the following factors:

1. the existing uses and zoning of nearby property;
2. the extent to which property values are diminished by the particular zoning restrictions;
3. the extent to which the destruction of the value of plaintiffs' property promotes the health, safety, morals, or general welfare of the public;
4. the relative gain to the public compared to the hardship imposed upon the individual property owner;
5. the suitability of the subject property for the zoned purposes;
6. the length of time the property has been vacant as zoned, considered in the context of land development in the vicinity;
7. community need for the proposed use; and
8. the care with which the community has undertaken to plan its land use development.

It's worthwhile devoting a little time researching each of these factors.

Zoning classification can be found on the Lake County planning website. Zoning can also often be determined through your village (check their website), or on-line at Lake County Maps Online (Click on Property Tax, select your area on the map, click on Topic, click Label, click Property Index Number, write down the 10 digit Property Index Number (PIN), click Search, enter the PIN. This site can also be used to determine the values of surrounding properties, which you can use to compare property values near similar developments to your own.) The Framework Plan Map(14MB!) is also available on the County's Framework Planwebsite, showing future land use zones, as well as the Environmental Resources Map(16MB!). (Printed versions of these maps are available for $10 each.)

Items 3, 4 and 5 are good places to address details of the environmental impacts of the proposed development. When addressing item 8, be sure to stress that consistently applied and respected, well thought-out zoning is legally defendable, but that whimsical zoning changes can put the entire zoning classification on a slippery slope if a precedent for rezoning is set.

If the municipality or county appears in favor of the zoning change, you can still ask that they ask the developer for consideration in the plat in return, including: reduced impervious surface area, generous buffers around remaining wetlands, conservation development (clustered construction with larger contiguous open space protected by conservation easement), a bikeway cut-through to a planned transportation or recreational amenity, sidewalks, and any other feature that respects the nature of the site.

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