What is zoning?
Zoning is a tool employed by the City of Mount Carmel to assist the community in responsible and planned growth. Zoning designations provide parameters and guidance on the types of buildings or land use that is allowed in every zone district. In general, uses include a variety of residential, commercial, industrial, and recreational land uses. Zoning can be found in Mount Carmel's Municipal Code.
What is the purpose of zoning?
The purpose of zoning is to prevent incompatible land uses from being sited too close to each other, such as a heavy industrial use next to a residential neighborhood. For all cases, the City considers, among other things, whether a proposed rezoning would be detrimental or injurious to the public health, safety, morals or general welfare of The City of Mount Carmel. The City of Mount Carmel has the right to administer zoning up to 1 ½ miles outside its incorporated city.
What is my property zoned?
A copy of the Zoning Map is located in the office of the City Inspector. You can also see a copy of the map here: Zoning Map
Zoning Districts in Mount Carmel
The provisions of this ordinance are cumulative.
- A-AGRICULTURAL DISTRICT
- R-1 SINGLE-FAMILY DWELLING DISTRICTS
- R-5 SINGLE-FAMILY DWELLING DISTRICTS
- R-2 SINGLE-FAMILY DWELLING DISTRICT
- R-3 TWO-FAMILY DWELLING DISTRICT
- R-4 MULTIPLE-FAMILY DWELLING DISTRICT
- B-1 OUTLYING BUSINESS DISTRICT
- B-2 CENTRAL BUSINESS DISTRICT
- B-3 RESTRICTED BUSINESS DISTRICT
- I-INDUSTRIAL DISTRICT
- SPECIAL DISTRICT
Besides designating a zone district for a particular set of land uses, zoning laws also prevent the close proximity of incompatible structures, activities, or uses. Zoning must be consistent with the City’s adopted Comprehensive Plan which contains the overall goals and policies for each land use designation.
What does my zoning allow me to do?
The City of Mount Carmel’s Zoning ordinance ( Appendix A Zoning ) contains a table of “Zoning District Uses,” which references specific ways a property can be used based on its zoning. If you have a use in mind that is not specifically listed in the table, you may request the Zoning Enforcement Officer make a determination as to which zoning district the proposed use would be allowed in.
How do I change my property’s zoning?
The zoning districts were created through the City of Mount Carmel’s comprehensive plan. In order to change specific uses in your zoning, get a special use, or get a variation, you must submit a completed zoning petition application to the Department of Code Enforcement. Once a submission is determined to be accurate and complete, a public hearing date will be assigned before the Zoning Board of Appeals. Upon conclusion of the hearing, the hearing body will make a recommendation. That recommendation is then sent to the City of Mount Carmel’s Mayor and Council (in the form of an ordinance) for a final vote. The process typically takes a minimum of three months.
Why does it take so long?
The total time to go through the zoning process varies by petition type, but most take three to four months from the submittal of a complete application. After a zoning petition application is received, it is researched and reviewed by Staff, which can take one to two weeks. The petitioner may be required to supply additional information based on Staff comments. Once all pertinent information has been received, Staff will prepare the petition and legal notices. Special use permit applications are scheduled for site plan review by the City Clerk’s Office. Applications, including special use with approved site plans, are then assigned a hearing date. Zoning Board meetings are the second Tuesday of each month. Because legal notice is required to be sent out at least 15 days prior to a hearing, dates are assigned more than two weeks out, and sometimes significantly longer, depending upon the number hearing dates already filled. Some hearings before the Zoning Board of Appeals will not be voted upon on the day of the hearing, depending on the complexity of the request. These hearings will be continued to additional hearing dates as needed. In most cases a special use permit will have a minimum of two hearing dates. After a vote is made and a recommendation is put forward by the Zoning Board of Appeals and a transcript of the hearing is prepared, an ordinance is forwarded to the next available Council meeting.
Can I request a change in allowed uses before I purchase a property?
In order for you to request a change in the zoning requirements you must have a vested interest in the property. some cases individuals are interested in buying a property, but only if can be used for the new desired use. A request of this type is allowed with the cooperation of the owner. The buyer can handle all zoning matters (outside of owner signatures) as long as he or she is listed in the petition as the contract purchaser. Remember, not every seller will be interested in waiting several months without knowing if they will be able to sell their property.
How much will it cost?
The application fee is $100 established by the City Council:
There are other costs outside of the petition fee. If the City Council approves the application, then there is a recording fee with the County Clerk’s Office.
Who presides over hearings?
Petitions that seek a change in zoning requirements a special use or variance are heard by the Zoning Board of Appeals. These bodies hear testimony and review evidence for and against a proposed change. At a hearing's conclusion, the hearing body makes a recommendation which may be “positive”, “negative”, or “no recommendation.”
Who ultimately decides if a property will be rezoned?
After a recommendation is made by the Zoning Board of Appeals, Mount Carmel City Council will vote on the proposed ordinance. In most cases, a simple majority of those present voting yes will pass the ordinance. In certain instances, an ordinance may need three-quarters of those present to vote yes for the ordinance to pass.
What are my chances of getting my zoning requirement changed?
The likelihood of getting your zoning changed depends on dozens of variables. Primary consideration is given to a petitioner’s ability to effectively demonstrate that their request meets the standards outlined in the Zoning Ordinances Special Uses. Input from neighbors, city departments, In short, there are no guarantees and all fees must be paid before the final vote is taken.
Who is required to be notified of a hearing?
Notification by certified mail is required to be sent to adjoining property owners and interested official bodies. Additionally, a legal notice must be published in a newspaper.
When and where are hearings held?
All hearings are held at Mount Carmel City Hall Building. The address of the building is 631 N Market Street, Mount Carmel, Illinois 62863. Hearings are typically scheduled on the second Tuesday of each month at 5:00 p.m. for the Zoning Board of Appeals. The Mount Carmel City Council meetings are held twice a month, every other Monday at 5:00 p.m. Check the calendar for the current schedule of council meetings.
Who can attend and speak at a hearing?
Hearings are open to anyone who would like to attend. At designated points in the hearing, the chairman or hearing officer will call on the public to see if they have any questions of the petitioner (or witness). At another point, the public will be able to make statements for the record.
Zoning Ordinances:
Board of Appeals , Special Use , Exceptions and Variance , Non-Conforming Use
Zoning Permits
Email: mgidcumb [at] cityofmtcarmel.com (subject: City%20Inspector) (City Inspector)