East Hazel Crest Zoning Ordinance Update Project
General Information
Welcome to the Project webpage for the East Hazel Crest Zoning Ordinance Update! This webpage will be used as a tool for public outreach and engagement throughout the update process. An online questionnaire, information about meetings and events, as well as project updates and documents will be posted on this page throughout the process.
Zoning Ordinance Update Overview – Why is the Village Updating its Zoning Ordinance?
The Village of East Hazel Crest’s current Zoning Ordinance was first adopted in the 1950’s and has been amended periodically since, leading to a document that is organized in a way that is somewhat contradictory to itself. An updated Zoning Ordinance will introduce new and enhanced development standards for nonresidential development and provide clear requirements for different uses to ensure compatibility and reduce conflicts with residential neighborhoods. Ultimately, the goal of the Zoning Ordinance Update is to provide a user-friendly set of regulations that will serve East Hazel Crest for years to come.
The update process will involve multiple steps and take approximately twelve months to complete.
What is zoning?
Zoning regulations are how local governments regulate land use. Local governments have authority to establish and adopt zoning ordinances from Illinois’s zoning enabling laws, which authorize municipalities like East Hazel Crest to manage how land is developed and used in order to protect public health, safety, and welfare.
There are several approaches to zoning, including but not limited to those detailed below.
Euclidean Zoning. Euclidean zoning is the traditional approach to zoning. Euclidian regulations are named for the famous Supreme Court case that determined zoning is constitutional in America. A “Euclidian” ordinance divides a community into zoning districts based on the types of desirable uses in different areas and establishes rules for how land in each district can be developed and used. Euclidean zoning districts keep high-intensity uses that may impact surrounding properties, like manufacturing, away from less intense uses, like homes and schools. Each district establishes different rules that limit development activity, including which use types are allowed and how they are permitted as well as building size, where on a lot a building can be located, how much open space must be left over, and how much parking has to be provided.
Form-Based Zoning. Form-based zoning primarily regulates what development looks like and, secondarily, how development is utilized. This is accomplished by establishing standards for different building types and how building façades relate to the public realm. Form-based zoning also divides a community into zoning districts; however, unlike Euclidean zoning, form-based zoning regulations are based on the urban forms and development patterns that a community finds are desirable in different areas. In many communities, the foundation of form-based zoning districts is the “rural to urban transect,” which defines a series of areas that transition from rural areas utilized for agriculture to dense downtowns and urban cores.
Incentive-Based Zoning. Incentive-based zoning is a type of Euclidean zoning that offers flexibility in standards and requirements in exchange for landowners providing improvements that help a community reach its goals - such as providing affordable housing or preserving open space and environmental features. Increased density, height, or lot coverage are some of the most common types of incentives offered, along with relief from requirements for parking and other development standards.
Development Standards. Development standards, often called “general regulations” or “standards of general applicability,” are an integral component of Euclidean zoning. Development standards typically apply to all uses throughout all zoning districts, and include basic requirements like off-street parking and loading, landscaping, screening, and buffer yards.
Use-Specific Provisions. Use-specific standards are another integral component of Euclidean zoning. These include detailed regulations applicable to specific activities, such as accessory dwelling units, home occupations, food trucks, drive-through uses, or outdoor storage. These provisions typically apply in any district in which a use is located.
Planned Unit Development. Planned unit development (or “PUD”) is a type of development review and approval procedure. PUD regulations allow greater flexibility in siting and design, but typically require much more detailed review of a development’s form and impacts. Through the PUD process, a developer can request deviations from standards such as lot area, building height, mix of uses, and other requirements, in exchange for providing tangible benefits such as preserving open space, creating active public gathering spaces, enhancing landscaped areas, or meeting a higher quality standard in architecture and design.
Sign Ordinances. Sign ordinances manage the type, size, and location of permanent and temporary signs. Sign ordinances often are part of the zoning ordinance but may also be part of a building ordinance or business ordinance, or a standalone title. In 2016, the Reed v. Town of Gilbert U.S. Supreme Court case affected the validity of most sign ordinances throughout the U.S. - East Hazel Crest’s included. This decision found that sign copy (words) is protected speech under the First Amendment and also held that signs cannot be regulated differently based on their communicative content. Today, if a sign regulation is enforced based only on what the sign says – such as a real estate sign or political campaign sign – rather than on its form or location, the sign regulation is held to violate First Amendment rights. Thus, regulations that communities traditionally have enforced for signs based on content are no longer valid and must be updated.
What will the updated Zoning Ordinance do?
The updated Zoning Ordinance will provide a user-friendly, easy-to-read document that residents, staff, developers, and elected and appointed officials can understand and interpret. It will integrate diagrams, flow charts, and tables to clarify regulations and standards, allowing the Village to apply and enforce them fairly and consistently.
What won’t the updated Zoning Ordinance do?
It is impossible for the updated Zoning Ordinance to accommodate every situation. It will not prevent all non-conformities, nor eliminate the need for relief from specific regulations in some cases. The general rule is that the Ordinance will seek to regulate the norm, not the exception.
Get Involved
The Zoning Ordinance Update process provides an opportunity for residents and businesses to communicate the issues they’ve experienced utilizing the current Ordinance and share their thoughts on how it can be improved. The Update process is designed to promote community involvement and encourage citizen participation. This web page is just one of many ways you can participate.
Upcoming Public Meetings
The Village Board of Trustees and Zoning Board will meet three times throughout the course of this project to provide initial feedback on what is and is not working with the current ordinance, follow-up feedback on preliminary recommendations for the update, and final feedback on the new draft ordinance. The public is invited to attend these meetings. Details will be posted here as they become available.