GLOSSARY OF TERMS
Please note: Definitions in this glossary are stated in plain language for easier understanding. Please refer to the McHenry County Zoning Ordinance for more precise definitions, where applicable.
A
Adjoining property owner
The owner of a property that touches the subject parcel. This includes property that would touch if property lines were extended across a public road, street, alley, or any other public way.
Affidavit of mailing
This is a document in which a petitioner attests that all noticing requirements of the McHenry County Zoning Ordinance have been met (i.e. certified letters have been sent to adjoining property owners and interested official bodies within the proper time frame).
Affidavit of posting
This is a document in which a petitioner attests that all posting requirements of the McHenry County Zoning Ordinance have been met (i.e. a zoning sign was placed on the subject parcel along the principal road frontage within the proper time frame).
Athena
The online interactive GIS map of McHenry County. Click here to access Athena.
B
Buildability
This term is typically used to describe whether or not a parcel can be improved with a residence. The Department of Planning and Development can examine a parcel’s history to determine if it meets the legal requirements of the Zoning Ordinance and the State Plat Act. This determination of buildability, however, does not address whether or not soils on the parcel can support a septic system, if a well can be placed on the parcel, or if it is in a flood hazard area or wetland. So, while a parcel can posses the legal rights to be “buildable,” there may still be site-specific factors which make constructing a residence impossible.
C
Certified mail
A U.S. Post Office service whereby, for a special fee, a letter’s addressor receives a receipt stamped with the date of the mailing, the letter must be signed by the addressee before final delivery, and the addressee-signed card is returned to the addressor as proof of receipt.
Code Enforcement Officer
Personnel designated by the McHenry County Board as the employee responsible for enforcing and administering the requirements of the McHenry County Zoning Ordinance. (Sometimes also referred to as the Zoning Enforcement Officer)
Comprehensive Plan
See McHenry County Land Use Plan
Conditional use
A use which, because of its unique characteristics, cannot be classified in any particular zoning district. Conditional use requests are heard by the ZBA before being put forth to the County Board for the final vote. Restrictions are typically placed on the use (in the form of conditions) that limit potential harmful effects of such a use in a given location.
County Board
See McHenry County Board
Court reporting service
The service agency contracted by McHenry County to record public hearings and produce a true and accurate transcription of the proceedings.
F
Fee schedule for petitions
In order for a petition submittal to be accepted by the Zoning Coordinator, it must include the fee for the type of zoning action requested. The fee schedule for petitions dictates the fees. All fees are approved by the County Board.
G
Governmental bodies
See Interested official bodies.
H
Hearing date
A date, time, and location at which a public hearing is held before the ZBA or MCHO. Public hearings are subject to the Illinois Open Meetings Act, and as such, open to the public, who may ask questions or make comments during the proceedings.
I
Illinois Freedom of Information Act
This law is intended to open government to all citizens by guaranteeing access to governmental records in whatever form they are maintained. The law states that, “…it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government […] Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest.”
Illinois Open Meetings Act
A law of the State of Illinois that dictates rules and procedures of certain government activities. It states that, “in order that the people shall be informed, the General Assembly finds and declares that it is the intent of this Act to ensure that the actions of public bodies be taken openly and that their deliberations be conducted openly.”
Interested official bodies
Government bodies that are required to receive notice of a public hearing for a zoning petition. They are: the McHenry County Conservation District, McHenry County College, all municipalities within 1 ½ miles of the subject parcel, all fire protection and school districts covering the subject parcel, and the highway commissioner(s) and supervisor(s) for the township(s) in which the subject parcel is located.
L
Legal description
Also sometimes referred to as a “legal,” this is a description of the subject property’s boundaries. A land surveyor will include the legal description on the Plat of Survey.
Legal notice of public hearing
The notice that is published in a newspaper and sent by certified mail to all adjoining property owners and interested official bodies not less than 15 days and not more than 30 days before the hearing.
M
Map Amendment
A zoning amendment that changes the zoning district that is applied to a lot or parcel
McHenry County Board
The McHenry County Board is comprised of 24 elected officials representing six districts of McHenry County. Any zoning change, conditional use, or variation must ultimately be approved by this body. (also, County Board)
McHenry County Hearing Officer (MCHO)
The official appointed by the McHenry County Board to conduct public hearings and make recommendations on variation requests. The MCHO is an advisory body. It is the County Board that ultimately approves or denies a variation request.
MCHO Rules and Procedures
An supplement to the McHenry County Zoning Ordinance that lays out the rules and procedures that the MCHO must follow. (Follow the link to download the MCHO Rules and Procedures (19 KB) .)
McHenry County Land Use Plan
The McHenry County 2030 Comprehensive Plan is the County Board approved document designed to guide land use decisions, such as zoning, for unincorporated McHenry County.
McHenry County Soil and Water Conservation District
This agency was created in 1947 under the Soil and Water Conservation Districts Act, which directs the agency to assist in conserving and protecting the land, water, air and other resources of the state. Zoning requests must be reviewed by the agency, which then produces a Natural Resources Inventory (NRI) report or letter. (Follow this link to go to the McHenry County SWCD website.)
McHenry County Zoning Ordinance
This ordinance establishes the powers of the McHenry County Board to regulate land use as granted under Illinois state law.
N
NRI application
The form which must be completed and submitted to the McHenry County Soil and Water Conservation District as a part of zoning petition application. That agency will then provide the ZBA or MCHO with a report or letter containing its findings. (Follow the link to download the NRI application form (23 KB).)
O
Ordinance
The document that must be prepared by a petitioner (or petitioner’s attorney) which contains the recommendation of the ZBA or MCHO. It must be submitted at least 18 days prior to the meeting at which the County Board is to consider the request.
P
Parcel Identification Number (PIN)
The unique 10-digit number assigned to each parcel in the county by the McHenry County Office of Assessments.
Petition fee
The fee paid at the time of initial application for zoning petitions. (Follow the link to download the current schedule of fees (28 KB) .)
Petitioner
The applicant who properly files a zoning petition application. The petitioner may be the owner, beneficiary, contract purchaser, or representative of a principal.
PIN
See Parcel Identification Number.
Plat of Survey
A document comprised of a parcel diagram and legal description. It is prepared by and contains the signature and seal of a registered Illinois professional land surveyor. It must be dated within five years of the date of the petition.
R
Reclassification
The change from one zoning district to another as applied to a lot or parcel of land.
Recommendation
A statement from the ZBA or MCHO indicating a positive or negative assessment of a zoning request based on its ability to meet the standards outline in the McHenry County Zoning Ordinance as established in a public hearing.
Recommending bodies
The ZBA and MCHO, which do not ultimately decide the approval or denial of a zoning request. Instead, they present a recommendation to the County Board.
Rezoning
A zoning reclassification. (also, Rezoning)
S
Soil and Water Conservation District
See McHenry County Soil and Water Conservation District.
Staff
Employees of the McHenry County Department of Planning and Development.
Standards
The criteria set forth in the McHenry County Zoning Ordinance by which a zoning amendment, conditional use, or variation is considered. It is the petitioner’s responsibility to present clear and convincing evidence in the public hearing to establish that the standards have been met.
T
Testimony
Statements of fact made under oath at public hearings.
Transcript
The record of statements made at a public hearing, including testimony.
V
Variation
A divergence from the zoning ordinance bulk, loading and/or parking requirements. (Examples include: reduced side yard setback or increased building height)
Voting meeting
A meeting of the ZBA wherein a vote is taken to recommend or deny a zoning petition. The voting meeting may be held immediately upon the close of zoning petition hearing, or on the fourth Tuesday of each month at 9:30 a.m. Typically, this meeting will have multiple petitions on the agenda to be voted on.
Z
ZBA Rules and Procedures
An appendix to the McHenry County Zoning Ordinance that lays out the rules and procedures that the ZBA must follow. (Follow the link to download the ZBA Rules and Procedures (42 KB) .)
Zoning
A classification system which establishes regulations and requirements governing use, lot size, building size, yards, setbacks and other conditions of use.
Zoning amendment
A reclassification, or a change in the text of the McHenry County Zoning Ordinance. (Note: the public cannot petition for changes to the zoning ordinance text.)
Zoning Board of Appeals (ZBA)
A County Board-appointed body comprised of seven regular members and two alternate members that conducts public hearings on applications for zoning amendments and conditional uses. The ZBA votes to determine what recommendation will be provided to the County Board.
Zoning Coordinator (also, Zoning Board of Appeals Coordinator)
The McHenry County Department of Planning and Development staff member responsible for accepting, reviewing, and administering applications for rezonings, conditional uses, and variations.
Zoning district
An area or areas within the unincorporated portions of McHenry County for which the regulations and requirements governing use, lot size, building bulk, yards, setbacks and other conditions of use are uniform. (Examples include: A-1 Agriculture, B-3 General Business, I-2 Heavy Industry)
Zoning packet
A document prepared by the Zoning Coordinator that contains the rules, procedures, and other information required in the filing of a zoning petition. (Follow the link to download the zoning packet (450 KB) .)
Zoning petition
Any application to the ZBA or MCHO for the reclassification of a zoning district, a conditional use, or a variation.