When it comes to protecting and preserving the character of an old residential area, community zoning ordinances are used more often than specific historic preservation laws. Preservation laws typically require the consent of a homeowner before a property is designated a landmark. The owner agrees to some restrictions on what will be done with the property in the future and, in return, may be eligible for a property tax break.
Zoning and appearance review ordinances, on the other hand, are based on the principle that the wants of a property owner must be balanced with the property rights of the neighbors. Rather than giving consent, the property owner usually is the one who must get the approval and consent of neighbors and local government.
”We talk so much about individual property rights, but we neglect to talk about the rights of the group. There has to be a recognition that the whole group benefits if the sense of place is preserved,” said Carol Wyant, executive director of the Landmarks Preservation Council of Illinois.
Those who would subdivide their properties or replace an old house with a new one have found that zoning regulations don`t make change impossible, but they don`t make it easy, either.
As do many other communities, Lake Bluff, Liberytville and Barrington strictly limit the proportion of space a home can cover on a lot. These bulk ordinances apply to new home construction as well as to additions to old homes. The maximum area that can be covered typically ranges from 25 percent to 35 percent of the lot, according to local zoning ordinances. The problem with that, noted Lake Bluff Village Administrator Peter Cummins, is that ”no matter how you get to the formula, people will always build to the maximum.” Setback ordinances also govern the placement of a home on a lot, but problems arise when the actual setback of most houses in the area is greater than the required setback. Again, to get the most bang for the buck, the tendency is to build to the limit. The new house may comply with the zoning code, but it is still out of character with the neighborhood.
New Highland Park ordinances take bulk and setback regulations a step further. The floor area ratio ordinance not only limits the bulk of the property that can be covered, but the total floor space, including upper floors, noted Ann Sabol, coordinator of the city`s building division.
In that way, the city hopes to prevent the construction of immense new homes that tend to dwarf the older homes near them.
A refinement of the setback ordinance bases the front setback for a new home on the average setback of surrounding homes. If that average is greater than the basic setback required in the area, the builder must comply with the greater distance, Sabol said.
Lake Forest`s subdivision ordinance gives the city`s Plan Commission broad powers in determining whether a property may be divided and how that division should occur. The review process takes into account not only what is legally permissible under the zoning laws but the potential effect on the area`s historic and architectural significance.
Builders and property owners who want to tear down a Lake Forest house and build a new one in its place must also get the approval of the Building Review Board before demolition.
The ordinance doesn`t prevent anyone from tearing down a house, but it does protect the neighbors from new structures that would be totally out of keeping with the old, noted Linda Shields, president of the Lake Forest Foundation for Historic Preservation.
Lake Forest has had an appearance review process for more than 40 years and was one of the first communities in the United states to establish a review board, noted board chairman Gail Hodges. The board`s basic criterion is to make sure that any new construction isn`t excessively dissimilar to the other buildings in the area.
”That doesn`t mean that we want everything in a neighborhood to match. It`s really to make sure that things harmonize in texture and scale,” Hodges said. ”The biggest problem with the in-fill question is when someone wants to come in and tear down a house and build a much larger one that is out of scale,” Hodges added. By withholding approval, the review board can put pressure on a builder to downsize a project. Rejecting a design based on the basis of style and taste becomes more difficult.
”I think that many people think that is a very personal, subjective thing. We try to respect the rights of the person to have the house he wants, but we also have to consider the feelings of the neighbors,” Hodges continued.
Lake Bluff is considering the adoption of a similar appearance review process. Village Administrator Cummins believes that the greatest advantage of such zoning and appearance review laws are that they give neighbors a chance to express their views about a new project. When the neighbors talk, government listens, Cummins said. ”Zoning boards react to them. That`s really democracy in action,” he said.
The process also provides a forum for negotiations, Cummins believes.
”Good government is compromise. It`s finding that fine line between position A and position B. Most issues, including this one, can be winnable on both sides.”
