HOW TO FILE A ZONING PETITION
A zoning petition is paperwork filed with the Department of Planning and Development that seeks to amend zoning, add a conditional use, or add a variation to a specified parcel of land. It is prepared by a petitioner or their representative, such as an attorney. Once the Zoning Coordinator determines a submission is complete and meets all requirements of the McHenry County Zoning Ordinance, a public hearing date will be assigned before the Zoning Board of Appeals (ZBA) or the McHenry County Hearing Officer (MCHO) –depending on the type of request. The ZBA and MCHO are recommending bodies that hear testimony and review evidence to determine if the change requested in the petition is in accordance with the Zoning Ordinance and the Comprehensive Plan. However, regardless of the ZBA/MCHO recommendation, it is the County Board vote that ultimately determines if a petition request will be granted.
Please note that this page is meant to be a summary of the zoning process. It is presented for informational purposes. Please consult the McHenry County Zoning Ordinance, the McHenry County ZBA Rules and Procedures, and the MCHO Rules and Procedures for complete filing requirements.
It is the petitioner’s responsibility to ensure the accuracy and sufficiency of the application. Careful review of the requirements for a specific request by the petitioner, their attorney, or representative is recommended.
ZONING PROCESS -SUMMARY
The table below summarizes the items that need to be gathered and the actions that must be taken to successfully complete the rezoning, conditional use, or variation process. Items marked with a star (*) are not the direct responsibility of the petitioner.
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Items Required when Submitting a Petition |
Items and Actions Required after a hearing date is assigned but before the hearing is held |
Items and Actions Required after ZBA or MCHO Recommendation |
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After the above items are received by the Zoning Coordinator and any required corrections are made, a hearing date will be assigned |
Attend your hearing: Give testimony and present evidence that supports your request. Upon conclusion of the hearing, the ZBA / MCHO will give a recommendation |
Once the above is submitted, the ordinance will be placed on the next open County Board agenda for the final vote |
Below is a list of all documents needed to file a petition. One original of each is required. Samples have been produced for many of the documents and can be downloaded below. Or, you can download the entire zoning packet (449 KB), which includes instructions, fees, checklists, applications, and sample documents.
ITEMS REQUIRED WHEN SUBMITTING A PETITION
1. Petition with verification
The petition must contain:
2. Acceptance of court reporting fees
This document confirms that you, as the petitioner, are aware that court reporting fees will be charged to you by a contracted court reporting service. Fees must be paid prior to a vote by the County Board.
A sample of the Acceptance of Fees for Court Reporting Services is available here for download (29 KB). Just replace the words in boldface type with your own information.
3. Legal notice of public hearing
This document will be published in a newspaper and sent to adjoining property owners and interested official bodies once a hearing date is set.
A sample of the Legal Notice of Public Hearing is available here for download (30 KB). Just replace the words in boldface type with your own information.
4. List of adjoining property owners
A list must be compiled of all adjoining property owners with the address of where each tax bill is sent. Those on the list will be sent a legal notice of public hearing by certified mail, which must be sent not less than 15 days and not more than 30 days before the hearing.
5. List of governmental bodies
A list must be compiled of all interested official bodies. This shall include: 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. Those on the list will be sent a legal notice of public hearing by certified mail, which must be sent not less than 15 days and not more than 30 days before the hearing.
6. Plat of Survey
This is a document prepared and stamped by a registered Illinois professional land surveyor. It must include a legal description, to be used on the petition, the legal notice of public hearing, and the ordinance. It should also depict all buildings and improvements on the parcel. The plat of survey will identify the boundaries of the proposed rezoning, conditional use, or variation. In some cases, this description will be identical to an existing parcel —so an existing plat (dated within 5 years of the date of the petition) may be used. In other cases, a zoning parcel will be created that does not match any existing parcels' boundaries. For those instances, a new plat of survey and legal description must be created.
7. Site Plan (for Conditional Use or Variation)
A site plan is a drawing that shows the location of a proposed structure or use. It does not need to be drawn to scale or produced by a surveyor. However, it is common for a site plan to be a copy of the plat of survey with proposed changes hand drawn on it.
8. Receipt of payment for a NRI letter or report
The McHenry County Soil and Water Conservation District reviews all proposed rezonings, conditional uses, and variations. At their discretion, a report or a letter will be produced expressing the District’s findings and conclusions. Because this may take a while to produce, only a receipt from the District is required to submit a petition. Please note, a report from the District may bring to light environmental issues on the parcel previously unknown to the petitioner. It may be helpful to wait for a report before submitting a petition in some cases.
The NRI application is available here for download (27 KB).
9. Consent to on-site inspection
This document authorizes the ZBA, MCHO, and County Staff to have access to the subject parcel prior to the hearing. The opportunity to inspect the property beforehand helps to reduce confusion at the hearing.
A sample of the Consent to On-Site Inspection is available here for download (25 KB). Just replace the words in boldface type with your own information.
10. Filing fee
The filing fee must be paid by cash or check when submitting a petition. Current fees are approved by the County Board and appear on the
fee schedule (28 KB) .
ITEMS AND ACTIONS REQUIRED AFTER A HEARING DATE IS ASSIGNED, BUT BEFORE THE HEARING IS HELD
1. Post zoning sign on property
A sign will be provided to the petitioner by the Zoning Coordinator. It is the responsibility of the petitioner to post the sign in a conspicuous place along the principal road frontage of the subject parcel at least 15 days prior to the hearing. The sign shall be removed as soon as possible after the hearing and returned to the Zoning Coordinator. An affidavit of posting (see below) must be submitted to confirm the posting has met all requirements.
2. Mail notices (unless for a conditional use)
Using the list of adjoining property owners and governmental bodies, the notice of a public hearing is to be sent out by certified mail (with return receipt required). Said mailing shall occur not less than 15 days nor more than 30 days prior to the date of the hearing. An affidavit of mailing (see below) must be submitted to confirm the noticing has met all requirements.
3. Submit affidavit of posting
This is a document that verifies through a sworn statement by the petitioner that the posting of the zoning sign was carried out in accordance with all requirements. THE ZONING SIGN IS NOT TO BE REMOVED FROM YOUR PROPERTY UNTIL AFTER YOUR ZONING HEARING HAS BEEN CLOSED BY THE HEARING BODY.
A sample of the Affidavit of Posting is available here for download (25 KB). Just replace the words in boldface type with your own information.
4. Submit affidavit of mailing (unless for a conditional use)
This is a document that verifies through a sworn statement by the petitioner that the notice of a public hearing was carried out in accordance with all requirements. In the case of a conditional use request separate from rezoning or variation, it is the responsibility of the ZBA to notice adjoining property owners and interested official bodies.
A sample of the Affidavit of Mailing is available here for download (26 KB). Just replace the words in boldface type with your own information.
5. Submit certified mail receipts and returned “green cards” (unless for a conditional use)
When a letter is sent certified mail, a receipt is generated that shows the addressee and a green index card is affixed to the letter. That green card is required to be signed upon delivery of the letter and is then mailed back to the sender. The green cards and receipts must be submitted to the Zoning Coordinator to help verify that all noticing requirements have been met.
6. Submit certificate of publication (unless for a conditional use)
The certificate of publication is document sent directly from the newspaper that published the notice of a public hearing. It is signed by a representative of the newspaper attesting when the notice ran. It also includes a clipping of the notice as it ran in the newspaper. The Zoning Coordinator reviews the date of publishing and the accuracy of the notice.
7. For conditional uses only, reimburse fees to Planning and Development
In the case of a conditional use separate from a reclassification or variation, the petitioner is required to reimburse the Department of Planning and Development for the costs of certified mailing and publication prior to the public hearing.
8. NRI report or letter, which is sent to the Zoning Coordinator from the McHenry County Soil & Water Conservation District
The Soil and Water Conservation District will send to the petitioner and the Zoning Coordinator the Natural Resources Inventory (NRI) report or letter, upon its completion. Information contained within the document will likely be a factor in the public hearing.
ITEMS AND ACTIONS REQUIRED AFTER ZBA VOTE OR MCHO RECOMMENDATION
1. Provide ordinance
An ordinance is a document that is created by the petitioner or his/her attorney. It contains the findings and recommendation of the ZBA or MCHO. The ordinance is what will be voted on by the County Board. It must be submitted to the Zoning Coordinator within 6 months of the ZBA or MCHO recommendation. The County Board votes on zoning matters at its meeting on the third Tuesday of the month. Ordinances must be submitted at least 18 calendar days prior to the County Board meeting to be eligible to be placed on the agenda.
Samples of a Reclassification Ordinance (30 KB), Conditional Use Ordinance (31 KB), and Variation Ordinance (30 KB) are available here for download. Just replace the words in boldface type with your own information.
2. Pay court reporting fees
The petitioner will receive a bill from the court reporting service contracted by the County to prepare the transcript of the public hearing. This bill must be paid before the petitioner’s ordinance can be voted upon by the County Board.
3. Return the zoning sign to the Zoning Coordinator
The zoning sign must be returned to the Zoning Coordinator after the ZBA or MCHO hearing but before the County Board vote. Failure to return the sign will result in a $25 penalty fee.
4. Transcripts, which are sent to the Zoning Coordinator from the court reporting service
Transcripts for all public hearings held on the petitioner’s request must be submitted at least 18 calendar days prior to the County Board meeting to be eligible to be placed on the agenda. The court reporting service contracted by the County will provide transcripts to the Zoning Coordinator within 10 days of a hearing. In some cases, petitioners may choose to request that the transcripts be prepared more quickly so as to meet submittal deadlines. Petitioners must deal directly with the court reporting service to have transcripts expedited.