A First-Timer's Guide: Dealing with Rezoning Issues in McHenry County

Opposition Strategy

The first indication will be the certified letters to the adjoining property owners & the posted signs on the property. This can be as little as 2 weeks before the ZBA hearing, so you need to spring into action.

• Organize- someone should volunteer their home for a neighborhood meeting - set a time and date. Write up a short explanation with a meeting details & Xerox. Distribute copies to all homes within area that might be concerned. Do not put in U.S. mail boxes - it is illegal without postage. Put notices in doors.

 

• Educate yourselves - a copy of the Zoning Ordinances was helpful in clearing up zoning classifications & what the petitioner was trying to do.

  A copy of the McHenry County 2010 Land Use Plan was well worth the $20. On page 47 there are 15 questions that "should be used by ZBA, Planning Commission & County Board as a point analysis to ensure consistent evaluation of land use changes". You can take these 16 questions and hopefully find many facts, figures and maps within the 2010 Land Use Plan to be picked up at the ZBA office.

  An NRI Report must be completed by the Soil & Water Conservation District. This may be helpful in showing if wetlands exist on the property. It also shows soil and slope analysis which might look bad for septic, wells, buildings with basements, etc. Also, floodplain and land erosion information is contained in the NRI. A LESA (Land Evaluation & Site Assessment) score is also given for property which may be helpful if it is over 200 - "Save for Agriculture."

  Call the Planning Department and see if their report on the property is complete. This is good to have because their "conclusions" may back up yours. You may be required to sign a Freedom of Information Act form to get copies of some of these - NO BIG DEAL!

Petition of Opposition

After a few of you have read all the materials you've gathered, put together a preliminary petition citing all the items you've found that would be contradictory to the zoning amendment. Make copies and go over these items with everyone at the neighborhood meeting. Decide which ones are relevant to your cause.

Finalize the points and have someone type up a statement that can be taken door to door for signatures. The same person/persons should take this petition around so they can have it notarized that they witnessed the signatures. We also left a copy of the petition with all who signed so they could read it and know exactly what they signed.