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REZONINGS AND ZONING ORDINANCE TEXT AMENDMENTS

Updated June 16, 2006
 

This brochure is not intended to be a substitute for City Ordinance Chapter 150: the Highland Park Zoning Ordinance. The Ordinance is available in its entirety through the Department of Community Development.

Zoning is a system of land use regulations which divides all land in the City into residential, commercial, and industrial districts in order to ensure proper balance between such uses and also to ensure that such uses are located in appropriate areas. Within each zoning district, development standards limit the height and bulk of buildings, ensure adequate parking and open space, and otherwise regulate the development of sites within the district in order to maintain attractive and well functioning neighborhoods and business districts.

When a development proposal does not conform to the zoning regulations, an applicant may request a rezoning of the site (also referred to as a Zoning Ordinance map amendment.) Alternatively, an applicant can request a change to a specific development standard within the zoning district through a zoning text amendment. This brochure will describe the difference between a rezoning and a Zoning Ordinance text amendment, and will provide a step by step guide for both procedures.

Should I Apply For a Rezoning or a Zoning Ordinance Text Amendment?
There is no simple rule which can be applied to all cases to determine whether a rezoning or Zoning Ordinance text amendment is most appropriate. Rather, this determination is made in consultation with Planning staff on a case by case basis. To make this determination, it is important to understand the significant difference between a rezoning and a Zoning Ordinance text amendment.

Rezonings are generally used to develop a land use which is not permitted within the current zoning district. A rezoning will change the zoning classification of your site only. For example, in order to permit the development of a beverage bottling facility, a site could be rezoned from a commercial zoning district to an industrial zoning district.

Zoning Ordinance text amendment are used to change a specific development standard within one or more zoning districts. For example, a development standard for a neighborhood commercial zoning district may limit buildings to two stories. A Zoning Ordinance text amendment could be utilized to revise this development standard to allow three story buildings within the neighborhood commercial zoning district. It is important understand that a Zoning Ordinance text amendment will affect not only your site, but all other properties within the sane zoning district.

If you are uncertain which process is best suited to your proposal, Planning staff will advise you during the preliminary staff meeting discussed in Step 1.

Processing Time
The City of Highland Park is committed to processing your application in a professional and timely manner. You can prevent unnecessary delays by fulfilling all requirements, by submitting all necessary documents no later than the designated deadline and by following the guidelines described in the step-by-step process which follows. Processing time may vary on a case by case basis. It important to note that some proposals may take a longer time to resolve, and not all requests are approved.

Before You Begin
As the applicant, it is your right to seek either a rezoning or a Zoning Ordinance text amendment. However, to rezone a parcel you must be the owner of the subject property or have owner authorization to initiate the procedure. (If an application is made by the trustee or beneficiary of a land trust, all beneficiaries must be identified by name and address.)

Step 1: Preliminary Staff Meeting
You will first review your proposal with one of the professional planners in the Department of Community Development. At this meeting, the planner will provide a preliminary evaluation of the development proposal and describe relevant City regulations. You will receive a Public Hearing application, and a pre-application discussion when the Plan Commission will be scheduled.

Step 2: Pre-Application Discussion
The pre-application conference provides an opportunity for you to receive early feedback from the Plan Commission. Two weeks prior to the pre-application discussion, you must submit a written description of your project to Planning staff who will prepare a formal report to the Plan Commission. You may also include a letter, map, or other information in support of your request. At the pre-application discussion you will make a brief presentation regarding your proposal. The Plan Commission will inform you of any questions or concerns it may have and may ask for additional information about you project. You will then consider the Plan Commission's comments as you prepare for the public hearing.

Step 3: Submitting Your Application
After the pre-application discussion, you are ready to initiate the public hearing process. Four weeks prior to the scheduled public hearing, the following information must be submitted to the Department of Community Development:

  • Completed application form.
  • Filing fee.
  • Affidavit of Title.

Note: In the event the title appears in the name of a land trust, the trustee or beneficiary of such land trust shall identify each person associated with the trust by name and address and define their interest. In addition, the application for a special use permit shall be signed by the applicant in his or her capacity as trustee, or by the beneficiary as a beneficial owner in such land trust.

  • Copy of a Title Insurance Policy.
  • Cover Letter addressed to the Mayor and City Council.
  • Any additional information required by the Zoning Ordinance or requested by Planning staff.

Step 4: Public Notification
For both rezonings and Zoning Ordinance text amendments, notice of the hearing must be published in the newspaper at least 15 days prior to the hearing, but no more than 30 days prior to the hearing. For rezoning, the City will post a notice of public hearing on your site. In addition, for a rezoning, you must notify by certified mail:

  • The owners of all properties within 400 feet of the site. Planning staff will prepare a map for you indicating the properties within 400 feet of your site. Take the map to the Deerfield Township Tax Assessor's office at 616 Laurel Avenue or the West Deerfield Township Tax Assessor's office at 858 Waukegan Road in Deerfield to generate a list of names corresponding to the property addresses.
  • The elementary and high school districts within which the property is located. (Addresses will be provided by Planning staff.)
  • The Park District of Highland Park located at West Ridge Center at 636 Ridge Road.
  • The utility companies which provide service to the site. (Addresses will be provided by Planning staff.)

    All notifications must include the nature of the application and the date and location of the hearing. A sample letter will be provided to you, and all letters must be reviewed and approved by Planning staff before they are mailed. Collect the green return receipts form the certified letters, and bring the receipts with you to the public hearing.

Step 5: Public Hearing
After the Plan Commission Chair calls the meeting to order, the notice of the public hearing is read into the record. For a rezoning, you must submit for the hearing record: 1) evidence of ownership, 2) proof of proper notification (as explained in step 7), and 3) your exhibit(s), including an 11"x17" reduction of all over-sized exhibits. Planning staff will give a brief explanation of the nature of your proposal. You may then state your case, and members of the Plan Commission and interested citizens may question you and your witnesses. The public will also be given an opportunity to speak, and anyone in support or opposition may present evidence and likewise be questioned by the Plan Commission and you or your representative. You may the respond to any objections.

Prior to the close of the hearing, the applicant and members of the public have the right to file any pertinent documents or written statements with the Commission. If the Plan Commission desires more time for additional testimony or discussion, it may continue the hearing to one or more additional meetings.

Step 6: Plan Commission's Findings of Fact
After the public hearing has been closed, the Plan Commission will direct Planning staff to prepare Findings of Fact either in support of or in opposition to the proposal. Planning staff will prepare the Findings of Fact which will include appropriate development conditions. The Findings will be returned to the Plan Commission for approval. You will be notified of the meeting date and should attend in case the Plan Commission has any additional questions. The Plan Commission will then forward its recommendation to the City Council.

Step 7: City Council Action
If the City Council adopts the Findings of Fact in support of the proposed rezoning or Zoning Ordinance text amendment, the Council will direct the Corporation Counsel to prepare and ordinance revising the zoning map or Zoning Ordinance. The City Council will vote whether or not to approve this ordinance at its next meeting. Once an ordinance has been signed by the Mayor, your rezoning or Zoning Ordinance text amendment has been granted.

If the City Council votes to deny your request for a rezoning or Zoning Ordinance text amendment, you may not submit a new application for 1 year following the date of the decision. Exceptions can be made if the Plan Commission approves evidence of new conditions that may affect the Council's decision.

Contact Information
For More Information please Contact the Department of Community Development, 1150 Half Day Road, Highland Park, IL 60035 at (847) 432-0867.