Proposed zoning changes aim to encourage affordable housing development in greater Cook County

Cook County may soon be embarking on what Planning and Zoning Administrator Neva Maxwell described as a “zoning adventure.”

Maxwell is proposing the establishment of an overlay district amendment to the zoning ordinance that aims to address the difficulty that some property owners and developers have faced in building affordable homes in the county.

The proposal Maxwell has presented to the Planning Commission, Housing Redevelopment Authority (HRA), and Board of Commissioners, would allow for the establishment of overlay districts. While the Residential Open Space Overlay district (ROSO) has been presented and those boards were able to provide feedback, none of them were asked to take any official action at that time.

Why an overlay district

An overlay district establishes a new set standards and uses on top of the original zone district. The proposed overlay district would only impact properties currently zoned FAR 2 or FAR 3 (Forest/Agriculture Residential), though Maxwell clarified that property owners would need to opt into the overlay district. It would not automatically be applied to all FAR 2 and 3 properties. None of the properties eligible for the proposed ROSO fall within the Grand Marais subdivision jurisdiction, or are located on a lake shoreline.

Maxwell explained that the particular overlay district that she has proposed is based on the existing open space subdivision ordinance. She said it is an underutilized tool for developers, adding, “That is a planning method that we have outlined in our subdivision ordinance that allows people to create higher density lots with a certain open space requirement.”

The ROSO would allow owners of qualifying properties to build several smaller homes on a lot and combine some infrastructure needs, like road access and septic systems. Another hurdle for many people looking to build in the area is the amount of land that is difficult to build on; many properties contain bluffs, wetlands, or steep slopes. Maxwell said she hopes the proposed overlay district and use of the open space subdivision ordinance will make building more affordable housing in the county possible.

Prioritizing smaller homes

In developing the proposal, Maxwell said she tried to consider both the needs of people seeking affordable homes in the area, and maintain the character of the county and access to nature, a draw for many residents. Her focus, she said, was on making building starter homes easier, avoiding “McMansion” development, and creating the opportunity for small multi-family buildings, like duplexes. 

The proposed overlay district would also limit the size of a home. Maxwell explained, “Only allowing 30% coverage is kind of a self correcting mechanism to ensure that we’re not creating really large houses. If you only have a quarter acre in size, you can’t create a really large house on a quarter acre.”

Other limitations in the ROSO

In addition to establishing smaller lots, and by extension, necessitating smaller houses, the ROSO would come with a few additional limits over what is usually allowed in FAR 2 and FAR 3 zones. First, the activities allowed would shift to primarily residential, meaning that activities like keeping a sled dog kennel would no longer be allowed. The other major change is that the overlay district would not allow vacation rentals.

“I just want to take that totally off the table in my effort to achieve my goal of trying to create houses that don’t get out-competed either by the second home market or by vacation rentals,” said Maxwell. While vacation rentals would be prohibited, during several of the county board meetings at which Maxwell presented the proposal, commissioners clarified that long-term rental would remain an option.

Because the ROSO would require a property owner to request the zoning change, and their neighbors would have the opportunity to weigh in before the overlay district was granted, Maxwell said each property would be considered on a case-by-case basis, which is one of the advantages of the model. “It is a very flexible tool that would be extremely site specific” she said, “It’s a lot more preferable to the alternative, which would be just changing whole zone districts, which could have unforeseen consequences.”

What’s next

Before the proposed overlay district becomes part of the county’s zoning ordinance there are several additional steps. The Planning Commission will hold a public hearing about the proposal on May 14, 2025. County residents can attend the hearing or submit their written feedback by May 7. If the Planning Commission supports it, they will recommend that the Board of Commissioners officially consider the proposal at their May 27 meeting. 

Maxwell encouraged those interested in the proposal to consult both the text of the proposed ordinance amendment, and some supplemental educational material, before submitting feedback. The Land Services department has also created an interactive map of the county that shows which properties fall into zoning that could make them eligible for the overlay district.

While the HRA will not be part of the formal ROSO approval process, after Maxwell presented the proposal, there was strong support from commissioners. HRA Executive Director Jeff Brand also told WTIP that he was excited about the proposal and the opportunities it could create for developers.

WTIP’s Kirsten Wisniewski spoke to Planning and Zoning Administrator Neva Maxwell about the proposed overlay district. Audio of that interview is below.
An except from a conversation with HRA Executive Director Jeff Brand can also be found below.

Kirsten Wisniewski April 25, 2025