How can I stop a zone change from my neighbor who wants to change his residential property to build a "church"?

Asked in New Berlin, IL - 8 months

we live in a rural area and do not want a bunch of strangers driving out to our neighborhood, nor do we want our property to lose value. Do we have a leg to stand on?

Attorney Answers (2)

Judy A. Goldstein

Mokena (Will County) Divorce / Separation Lawyer

Licensed in IL

Answered 8 months ago. In order for a change in the zones to be effectuated, a hearing must be conducted before the local zoning board. Notice of the hearing must be given to all residents, usually by newspaper. You can probably also go online and learn when these hearings take place. Attend the meeting and express your objection. If possible, gather other neighbors and friends to also express their objection. Churches are not taxpaying bodies and so your village is probably not strongly motivated to approve a zoning change.

You might also wish to consult with an attorney who concentrates his or her practice in zoning and municipal matters.

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Brandy Ann Peeples

Frederick Land Use / Zoning Attorney

1

Answered 8 months ago. Your question doesn't give me enough information. Is it a true zoning change or is it an application for something known as a "conditional use" or "special exception"? Generally jurisdictions do not favor what's called "piecemeal rezoning" which allows specific property owners to seek a zoning change absent fraud, change, mistake or irregularity. If this is what your neighbor is attempting to do, he's likely to have a tough road ahead of him.

That being said, if operating a church is a use permitted by "special exception" then it means that the use is presumed compatible with your neighborhood upon a showing that it doesn't overburden the rest of the neighborhood. (I'm being general here). This also involves hearings.

If you're truly worried, consult a land use attorney in your area to find out what's going on and how your neighbor is attempting to obtain this use for his property. Keep in mind, however, that there is a presumption that a property owner can use his property for any use deemed permitted in whatever zone you're in.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more