Zoning FAQ

Below is a list of frequently asked questions about Zoning, Subdividing/Rezoning, Special Use Permits, and Variances.  If you have any additional questions, please contact the Planning & Development Department at (815) 591-3810 or plan@jodaviesscountyil.gov.

FAQs

What is Zoning?
Zoning is a tool used to bring about orderly development of a community. It works by regulating how land and buildings may be used. As the name implies, zoning creates “zones” or districts which allow certain uses according to specific requirements. A zoning ordinance usually consists of a map which illustrates the different districts, and a written document that describes each district and the applicable standards
Why does Jo Daviess County have Zoning?
There are several reasons why Jo Daviess County adopted zoning:

* Protection of Property Values. This is accomplished by requiring consistent, orderly development. Zoning seeks to ensure that all property may be used to its most fitting and practical purpose so that investing in Jo Daviess County is a benefit to both individuals and the County.

* Compatibility. Through the establishment of various zoning districts, it is possible for the County to locate similar uses together. For example, a residential district may contain only homes, while a limited commercial district may permit shops and offices. This ensures compatibility between adjacent uses within the district. Some uses of land such as schools and parks may be good neighbors for residential areas; while industrial uses, because of the potential traffic or noise, may need to be excluded from residential districts. Zoning may be used to prevent neighboring uses from creating noise, odor, glare or other nuisances that could affect the quiet enjoyment of your property.

* Predictability.Zoning protects you from the uncontrolled actions of others. If you purchase a home within a residential zone, you may have the comfort of knowing that the area around you will develop in a similar pattern and all of your neighbors will meet the same requirements you do. Without zoning, a neighboring landowner could develop an asphalt plant or junkyard adjacent to your home.

* Density. Zoning helps protect residents and property owners through the establishment of minimum lot sizes that help control density. By limiting the amount of development that can occur in a certain area and by requiring adequate facilities to serve the site or use, the County can help to preserve prime agriculture land.

* Protection of Agriculture. Jo Daviess County has a unique history, and residents and property owners have worked hard to retain the original character of the County. Zoning helps protect farmland and ensures that new development is compatible with the neighboring uses.
What should I know about Zoning?
* Where Zoning Applies.  All property outside of a Municipality is subject to County zoning.
* What Zoning Regulates.
(1)  The use of buildings and property
(2)  The intensity of development-location
(3)  Bulk of buildings on the site.
* What Zoning Protects.
(1)  Property owners rights
(2)  The character of neighborhoods
When do I have to check the Zoning of a parcel?
Nobody wants a zoning surprise! Too often, people make assumptions regarding zoning that turn out later to be false. It is easy to save time, effort, money and future headaches by first checking with the County Building and Zoning Office before you:

-Purchase property
-Change how you are using a building or property
-Add to or otherwise modify your home or business, or install improvements to the site
-Offer property for sale or lease.

The time necessary to receive approval for a significant change in use or for a construction project should be considered early in project planning.
What should I expect or not expect from Zoning?
Zoning takes a public perspective; it reflects the type of growth and development the County desires. It would be nice if everyone could do whatever they wanted with their property, without worry of community-imposed restrictions. Experience has shown, however, that no one is satisfied with the resulting conflicts between property owners and the chaos of uncontrolled growth and change. Zoning provides a compromise which allows everyone reasonable freedom and enjoyment of their property. You are expected to comply with the ordinance, its requirements and restrictions; in return you will receive equal treatment and consideration, and the benefits associated with the control of growth and change around you.

Please keep in mind that zoning works parallel with all other ordinances and codes of the County. For instance, permission to build according to the Zoning Code does not necessarily allow for construction; a building permit is also necessary, and additional restrictions, such as septic and well permits, may be required. Information pertaining to additional requirements such as these can be obtained through the Jo Daviess County Planning & Development Department.

Zoning is not a means to cure all rural ills; it is not an enforcer of private deed restrictions, nor is it a device for intervention in feuds between neighbors. Zoning is not used to control or limit open market competition. Zoning does not assure development, it merely permits it where property and surroundings best suit it.
Who should I talk to about Zoning questions?
The Jo Daviess County Planning & Development Department is who you should talk to first. The zoning office is assigned the task of assisting the public with zoning questions, reviewing applications and inspecting property for compliance with the ordinance. The Jo Daviess County Planning & Development Department can be contacted at: Phone: (815) 591-3810, Fax: (815) 591-2728, or Email plan@jodaviesscountyil.gov during normal business hours.
What is Subdividing and/or Rezoning?
Subdividing is needed when lot(s) are being created from a larger piece and are smaller than 5 acres or are creating a new easement of access. Your surveyor should be knowledgeable in this area.

Rezoning is when a change in the designated zoning of a parcel takes place. Not all uses are permitted in all zones. Sometimes it is necessary to go to the Planning Commission and request a zoning change in order to accomplish what you would like to use a parcel for.
When do I Subdivide and/or Rezone?
There are three categories of when to subdivide and/or rezone?

1. When the parcel is part of any larger parcel.

2. When the parcel is an individually owned parcel in that gray area size between 10 and 40 acres.

3. When creating a subdivision of multiple lots.
What is the Subdividing and/or Rezoning process?
To assure that the approval of the subdividing and/or rezoning is fair to all parties involved, the law requires a formal procedure which includes:

1. A conference between the permit applicant and the Planning & Development Department to discuss application and timing.

2. A surveyor preparing the plat of survey/subdivision plat and any other needed documents.

3. The submission of the application package, on County forms, along with a fee to cover the cost of the County’s review of the request. Additional documents may be required to be submitted with the application.

4. The Planning & Development Department reviewing the application and other documents to assure that they are complete, and then scheduling a public hearing date before the Planning Commission. The Commission is a board appointed by the County Board for the purpose of reviewing and recommending action on zoning requests.

5. A notice of a public hearing is given in a newspaper of general circulation and to owners of property surrounding the property in question and also legal notice signs posted on the property.

6. A public hearing is held before the Planning Commission. The applicant or his/her representative must be present at the hearing to explain why the request should be granted. The public is invited to comment, and the Planning Commission will ask questions of the applicant and public so that they may better understand the possible affects of their decision to approve or deny the request. Once the questions have been answered, the public hearing will be closed. After rendering their recommendation, the Planning Commission will ask the Planning & Development Department to draft the findings of fact based on the application and testimony received at the public hearing.

7. The final decision is made by the County Board, usually at their next regularly scheduled meeting.
How do I apply for Subdividing and/or Rezoning?
After discussion with the Zoning office, the application form, a filing fee, and supporting documents must be submitted. The Zoning Office will explain in more detail what is required, but it is the applicant’s responsibility to supply all the information about the property, the proposed use of the property and its surroundings necessary to convince the Planning Commission that the subdividing and/or rezoning should be granted.

After receiving a completed application, the Building and Zoning Office will assign the application to the Planning Commission agenda. The Building and Zoning office will inform the applicant of the date, time, and place of the hearing. Normally, the meetings are held on the fourth Wednesday of the month at 7:00 p.m. in the County Courthouse, 330 N. Bench Street, Galena.
How long will the Subdividing and/or Rezoning process take?
The process often takes as long as 90 to 120 days from date of application. Large or complicated projects may take even longer. This length of time is generally needed because public notification is required in advance of the public hearing, the Planning Commission members usually visit the site to have a better understanding of the request.
Do I have to appear at a Hearing for Subdividing and/or Rezoning?
Yes, you or your representative must appear at the hearing otherwise the request will not be reviewed or approved. Your neighbors and the general public may wish to comment during the meeting. Both those in favor and those in opposition will have an opportunity to speak to the issue. It should be remembered, however, that zoning is not a popularity contest. The Planning Commission makes their recommendations based on the information presented, sound planning, land use principles, and limits set forth in County Ordinance, guided by the Comprehensive Plan for the overall good of the County.
Do I need an Attorney for Subdividing and/or Rezoning?
An attorney is not required. The Planning & Development Department and the Planning Commission do their best to make the process understandable to everyone. However, some applicants feel uncomfortable speaking in public or convincing others of the merits of their request. In some cases, zoning can be a complicated matter, and the advice of an attorney may be helpful.
What goals will the Planning Commission try to reach when reviewing subdivision and/or rezoning requests?
Goals of the Planning Commission when reviewing subdivision and rezoning requests are:

1. Keep new residential growth close to services and adequate roads.

2. Keep new growth close to existing residential development and/or close to town.

3. Protect environmentally sensitive areas.

4. Protect rural atmosphere, pastoral look of the County, scenic vistas, and productive farmland.

5. Avoid conflicts between farm operations and residential uses.

6. Avoid creating development precedents that will encourage residential growth in areas that would result in not attaining the preceding goals.

Jo Daviess County encourages smart growth. When reviewing Subdivision proposals the Planning Commission looks for Conservation Subdivision design with the use of greenspace.
What are my chances of getting approval for subdividing and/or rezoning?
Every application is different and must be reviewed on its own merit. You can be assured that your application will receive the attention and the fair and honest review it deserves. The following are some of the factors the Planning Commission takes into consideration:

  • Soil productivity
  • Septic suitability
  • Access
  • Proximity to similar uses/developments
  • Comprehensive Plan
Think about how your building or property will be viewed from your neighbors’ perspective. The plan you present for approval should make it easy for your neighbors to understand and accept.
If I receive approval for Subdividing and/or Rezoning, what comes next?
After a recommendation is made by the Planning Commission, it is then sent to the County Board for their consideration. After approved by the County Board it is necessary to apply for appropriate building permits and discuss with County Staff the other requirements for the development of the property. Please keep in mind that the Zoning Ordinance works in parallel with the other ordinances and codes of the County. County Staff tries to make this clear from the start, but it is the responsibility of the applicant to research the requirements for development of the property.
What is a Special Use Permit?
There are three categories of uses in the Jo Daviess County Zoning Ordinance:

* Permitted uses

are allowed to be established or continue within a zoning district, without community involvement or authorization.

* Prohibited uses

are never allowed within a particular zoning district, no matter what the circumstances.

* Special uses

are uses that may be allowed within a district with an appropriate permit when it can be shown that a use is compatible and appropriate to the surrounding uses.

A special use permit is the permit that allows a special use to occupy a lot that is not necessarily zoned for that use, provided that the use is compatible with surrounding uses.

Generally, special uses may be appropriate for certain areas within the zone, so long as special attention is paid to assuring that the use will not have a negative impact on surrounding uses. Often, special uses are granted with conditions which must be met before the use is allowed, and which must be maintained while the use exists.
What is the Special Use Permit process?
To assure that the approval of the special use is fair to all parties involved, the law requires a formal procedure which includes

1. A conference between the permit applicant and the Planning & Development Department.

2. The submission of an application, on County forms, along with a fee to cover the cost of the County’s review of the request. Additional documents may be required to be submitted with the application.

3. The Planning & Development Department will review the application and other documents to assure that they are complete, and then will schedule a public hearing date before the Planning Commission. The commission is a board appointed by the County Board for the purpose of reviewing and recommending action on zoning requests.

4. A notice of a public hearing is given in a newspaper of general circulation and to owners of property surrounding the property in question.

5. A public hearing is held before the Planning Commission. The applicant must be present at the hearing to explain why the request should be granted. The public is invited to comment, and Planning Commission will often ask questions of the applicant and public so that they may better understand the possible effect of their decision to approve or deny the request. Once the questions have been answered, the public hearing will be closed. After some discussion, the Planning Commission will ask the Planning & Development Department to draft the finding of fact based on the application and testimony received at the public hearing.

6. The final decision is made by County Board, usually at their next regularly scheduled meeting.
How do I apply for a Special Use Permit?
After discussion with the Zoning office, the application form, a filing fee, and supporting documents must be submitted. The Zoning Office will explain in more detail what is required, but it is the applicant’s responsibility to supply all the information about the property, the proposed use of the property and its surroundings necessary to convince the Planning Commission that the special use permit should be granted.

After receiving a completed application, the Building and Zoning Office will assign the application to the Planning Commission agenda. The Building and Zoning office will inform the applicant of the date, time, and place of the hearing. Normally, the meetings are held on the fourth Wednesday of the month at 7:30 p.m.
How long will the Special Use Permit process take?
The process often takes as long as 90 to 120 days from date of application. Large or complicated projects may take even longer. This length of time is generally needed because public notification is required in advance of the public hearing, the Planning Commission members usually visit the site to have a better understanding of the request, and a public meetings is required before the Planning Commission and one before the County Board.
Do I have to appear at a Hearing for a Special Use Permit?
Yes, otherwise the request will not be reviewed or approved. Your neighbors and the general public may wish to comment during the meeting. Both those in favor and those in opposition will have an opportunity to speak to the issue. It should be remembered, however, that zoning is not a popularity contest. The Planning Commission makes their recommendations based on the information presented, sound planning, land use principles, and limits set forth in County Ordinance, guided by the Comprehensive Plan for the overall good of the county.
Is an Attorney required for obtaining a Special Use Permit?
An attorney is not required. The Planning & Development Department and the Planning Commission do their best to make the process understandable to everyone. However, some applicants feel uncomfortable speaking in public or convincing other of the merits of their request. In some cases, zoning can be a complicated matter, and the advice of an attorney may be helpful.
What are my chances of getting approval for a Special Use Permit?
Every application is different and must be reviewed on its own merit. That is what makes it a special use. You can be assured that your application will receive the attention and the fair and honest review it deserves. The more your proposed use can be made similar and compatible with surrounding uses, the greater the chance it will be judged to be appropriate and will receive approval. Think about how your building or property will be viewed from your neighbors’ perspective. The plan you present for approval should make it easy for your neighbors to understand and accept.
If I receive approval of a Special Use Permit, what comes next?
After recommendation is made by the Planning Commission, it is then sent to the County Board for their consideration. It is necessary to apply for appropriate building permits and discuss with County Staff the other requirements for the development of the property. Please keep in mind that the Zoning Ordinance works in parallel with the other ordinances and codes of the County. County Staff tries to make this clear from the start, but it is the responsibility of the applicant to research the requirements for development of the property.
What is a Variance?
A variance is an action granted by the County Zoning Board which provides property owners relief when strict compliance with the requirements of a zoning ordinance czuses undue hardship.

The variance process provides a method to modify the rigid requirements of the ordinance, in a particular way, when there is evidence that:

  • the purpose of the variance is not based exclusively upon a desire to obtain higher financial return on the property
  • if the strict letter of the ordinance were carried out it would result in a hardship and not a mere inconvenience
  • the plight of the owner is due to unique circumstances beyond the owner’s control
  • the variance, if granted, will not alter the essential character of the area.
Who needs a Variance?
The need for a variance can arise from a number of circumstances which include:

  • The strict application of the ordinance in relation to use, construction, alteration of buildings or structures, or difficulties or hardship on a property owner, which were not intended or foreseen when the zoning ordinance was adopted.
  • The property owner would be deprived of the rights commonly enjoyed by other properties in the same district under the terms of the ordinance.
A variance may not merely serve as a convenience to the applicant or merely allow the applicant to receive greater revenue from the use of sale of the property. A variance should be necessary to alleviate some demonstrable and unique hardship, and the hardship cannot be self-created. For instance, variances can be granted for setback relief because of severe topography.
What is the Variance process?
To assure that the approval of a variance is fair to all parties involved, the law requires a formal procedure which includes, but is not limited to:

  1. A conference between the applicant and the Zoning Officer
  2. The submission of an application, along with a fee to cover the cost of review. Additional documents may be required to be submitted with the application.
  3. The Planning & Development Department will review the application and other documents to assure that they are complete, and then will schedule a public hearing date before the Zoning Board of Appeals.
  4. A notice of a public hearing is given in a newspaper of general circulation
  5. A Public Hearing is held before the Zoning Board of Appeals. The applicant must be present at the hearing to explain why the request should be granted. The public is allowed to comment, the Zoning Board has discussion and a motion is made to either approve, deny or continue the request until the next hearing for further information. The Zoning Board of Appeals has the final decision in a variance.
How do I apply for a Variance?
After discussion with the Zoning Officer, the application form, a filing fee, and supporting documents must be submitted. The Zoning Officer will explain in more detail what is required, but it is the applicant’s responsibility to supply all the information about the proposed variance.

After receiving a completed application, the Zoning Officer will assign the application to the Zoning Board of Appeals agenda.
How long will the Variance application process take?
The process may take as long as 90 days from the date of application. This length of time is needed because public notification is required in advance of the public hearing and the Zoning Board of Appeals members usually visit the site to have a better understanding of the request.
Do I have to appear at a Hearing for a Variance application?
Yes, otherwise the variance application will not be reviewed. Your neighbors and the general public may wish to comment during the meeting. Both those in favor and those in opposition will have an opportunity to speak to the issue. It should be remembered, however, that zoning is not a popularity contest and the Zoning Board of Appeals make their decisions based on the information presented, sound planning, land use principles, limits set forth in the County Zoning Ordinance, and the overall good of the County.
Is an Attorney required for obtaining a Variance?
An attorney is not required. The Zoning Officer and Zoning Board of Appeals do their best to make the process understandable to everyone. However, some applicants feel uncomfortable speaking in public or convincing others of the merits of their request. In some cases, zoning can be a complicated matter, and the advice of an attorney may be helpful.
What are my chances of getting approval for a Variance?
Every request is different and must be reviewed on its own merit. However, the chance of receiving approval increases when the request shows:

  • No reasonable or appropriate use of the property can be made without a variance;
  • The variance is modest in comparison to the overall zoning standards imposed on the property;
  • The result of the variance will not be obvious or have a negative effect on the essential character of the area.
Think about how the proposed variance will be viewed from your neighbors’ perspective. Present your case in such a way as to make it easy for your neighbors to understand how the variance will affect their properties. You can be assured that your application will receive the attention and the fair and honest review it deserves.
If I receive approval for a Variance, what comes next?
After approval of the variance, it is necessary to apply for appropriate building permits, and discuss with County Staff the other requirements for the development of the property. Please keep in mind that the Zoning Ordinance works in parallel with the other ordinances and codes of the County. County Staff tries to make this clear from the start, but it is the responsibility of the applicant to research the requirements for development of the property.