Another legal question - Permanent Living in Illinois

[91_Limited]

Hello everyone,

My wife and I have been pushing really hard to finish our AS renovation and were hoping to live in it by the end of the month while I finish grad school. We can't currently afford our own property plus board for horses. My wife has had the horses since she was 7 and they are arthritic and not rideable and getting rid of the horses is not an option.

My in-laws have 5 acres in Will County, IL (Washington Township), which is zoned agricultural (A-2) and has a primary dwelling. This is currently where the AS and the horses are. Since we've been working on the AS pretty much every evening on their property, someone must have noticed the lights on at night because in the winter, it is visible from the road. They called the Department of Land Use on us thinking we were living in it. They inspected it and saw that it was clearly being renovated and not currently lived in and closed the case. I looked online and couldn't find any information on zoning for recreational vehicles in my county except in residential areas. I called the woman that came out for the inspection and asked her to email me documentation regarding the storage of a recreational vehicle in A-2 zoning because when I looked up the zoning laws, I realized that everything she told me (can't be lived in, needs to be on a pad or driveway) was specifically referenced as a law for residential, not agricultural zones. I haven't heard from her yet. My question is, where can I find this information if I don't hear back from her, and has anyone had a similar experience and found a way to make it work?

Thank you

[out of sight]

In many towns the municipal code is available online at the municipal government website.

[91_Limited]

Originally Posted by out of sight

In many towns the municipal code is available online at the municipal government website.

I did find the zoning ordinance online, which is how I found out what she was telling me was for residential zones. I read everything related to recreational vehicles and agricultural zones and couldn't find any laws regarding living in a recreational vehicle. I did a lot of research before even purchasing our Airstream and couldn't find anything that said it was illegal to live in, so I thought we were legal. Now I'm not sure. The zoning ordinance is only 214 pages, so I'm guessing there has to be more information somewhere

[SYC2Vette]

In the county we came from they updated zoning to allow use of RV as a dwelling with an over the counter minor conditional use permit provided the tenant worked in the ag industry at least some X percent of their workweek (so possibly your wife could qualify if you have similar requirements). Living in an RV was pretty common on ag parcels anyway, and for the smaller 5-20 acre parcels usually ended only when a neighbor complained. Even where county code allows it, many PCR/CCR of homeowner associations prohibit it. Main county concern should just be proper waste disposal and shielding from neighbor's view IMHO. There is likely a specific code somewhere in there regarding using an RV as a dwelling, most likely unfortunately prohibiting it.

[Lily&Me]

There will be an office with humans in your county, who deal with codes and zoning and such, who can answer questions and give you a citation to the applicable sections.

Google Will County circuit clerk, and they should be able to direct you.

Maggie

[OTRA15]

Well said, Maggie!

Imagine . . . asking a real human being . . .

[SYC2Vette]

Originally Posted by OTRA15

Well said, Maggie!

Imagine . . . asking a real human being . . .

At the risk of going a bit off topic, the state and county we came from was not friendly or helpful when it came to permitting and zoning questions. When we moved to Texas and I had an inquiry to the local building dept it was such a pleasant relief to find cheerful and helpful folks who promptly provided me with answers and links to detailed utility maps and encouragement to call back with any further questions. I was astonished but in retrospect realized that is really how it should be!

[91_Limited]

Originally Posted by OTRA15

Well said, Maggie!

Imagine . . . asking a real human being . . .

Did you not read my original post? I called a real human being and have not heard back and was asking for advice from other real human beings in the full-time living forum that have had similar experiences.

Thank you everyone else for the advice. I will call the circuit clerk tomorrow. That is the information I was looking for. I will post how it goes for future members

[featherbedder]

I'm not a lawyer nor any legal adviser. Pertaining to your Q of living I googled Will Co. zoning updates, I found a section that pertains to ADU draft 05.12.2011. Hope this helps

[rideair]

Having worked with zoning, etc... on projects, I would suggest the following:

Put more effort into it, than just calling or trying to find something online. Get in your car and drive down to the local office . After meeting with the individual in-person, follow-up with a "Thank You" phone-call, card or even flowers (if a female) saying you appreciate their help and guidance through the matter.

If you do it right, you will find the folks will help you "around" certain rules/etc.. since they also know all the loop-holds. Go in as a head down, humble man, and you might just get what you need or find out how to do it.

OTRA15 did read your post, or they would not have been responding. The attitude in your response back to them, will not get you far with zoning.

Just Saying,

[91_Limited]

Originally Posted by featherbedder

I'm not a lawyer nor any legal adviser. Pertaining to your Q of living I googled Will Co. zoning updates, I found a section that pertains to ADU draft 05.12.2011. Hope this helps

Thank you. I hadn't seen that document before, but like most of the things I've read it mostly pertains to residential zones, accessory dwellings, and mobile homes, which does not apply to our situation. Hopefully the circuit clerk can help me more than the Department of Land Use. I also asked about building a privacy fence around the AS so it wouldn't bother the neighbors and she didn't know what the laws were about building a privacy fence in A-2 zones...

[Lily&Me]

Your best source of information is your county you want to live in, as every county and city is different.

If you leave a message and don’t hear back, call again, or even go down there and talk with someone.

I don’t know that the circuit clerk is the right person, but they should be able to tell you exactly who you need to speak to.

Maggie

[91_Limited]

Originally Posted by rideair

Having worked with zoning, etc... on projects, I would suggest the following:

Put more effort into it, than just calling or trying to find something online. Get in your car and drive down to the local office . After meeting with the individual in-person, follow-up with a "Thank You" phone-call, card or even flowers (if a female) saying you appreciate their help and guidance through the matter.

If you do it right, you will find the folks will help you "around" certain rules/etc.. since they also know all the loop-holds. Go in as a head down, humble man, and you might just get what you need or find out how to do it.

OTRA15 did read your post, or they would not have been responding. The attitude in your response back to them, will not get you far with zoning.

Just Saying,

Thanks for the advice. I'm going to try calling around first because it's over an hour drive to talk to someone in person, but I will do that if it comes down to it.
If OTRA wasn't trying to be antagonizing, I apologize.

Thank you everyone that provided advice. I'll let you know how it goes

[out of sight]

If you want to live in a trailer on land zoned for agriculture, assuming there are no restrictions specifically related to trailers, you may have to declare that there is an agricultural reason for living there. Can you show that you are working on the farm or helping your inlaws watch over the place?

[rideair]

A friend of mine just recently went to the zoning office for the exact same thing. She was nice to the folks at the county office, asked for any idea's etc... The zoning lady at one point said the following "You are not allowed a to live or camp for more than two days in a camper on the property", "So, if I ride by and see you are, you will be in violation". In the next breath: "But you are allowed to build a pole-barn on that property" "Now, if the camper was in the closed pole-barn, I'd never see it, would I (and wink).

Just a thought,

[bweybright]

If it is zoned agriculture try looking at your state's agriculture law via the State Ag department. That defines appropriate ag use. It is not uncommon for local zoning departments to be lacking in knowledge of state ag law.

[turk123]

I'm traveling in California right now and California has a real problem with RV's and parking on the streets. It's allowed. RV's are everywhere in parks, city streets, and on campuses.

The reaction you may have got maybe a county "rule" that may not exist in code as a reaction to many communities prohibiting RV's from just squatting anywhere they like. This is a similar reaction that communities are having to the Walmart overnight "problem" and Walmart's reaction by prohibiting parking in some stores. It may not be just one branch of the county government that you will be dealing with. The building department, health department, county supervisor and local politicians may all be involved in this unclear "rule".

If the legal code does not exist, you may have to find that right person that can work this through for you. If this is a new "rule" it may require more than one visit and it may require of you a well thought out reason for what you want to do and the reasons why that your local government can hang their hat on and allow it. Try to distinguish yourself from just a "squatter" on your relative land and as said here earlier, give them reasons like taking care of the farm and that this is until I graduate with my masters or temporary for 3 years, etc.

I deal with the county government all the time in my business. They are not there to be unfair to their constituency, but they will protect them if they feel you are up to no good. It's important that they see your side of it. You will only get to explain your side if you approach this in a well thought out way and not antagonize them with threats; not that you've done that. If you start with the county building department and work your way up by asking, "Well, why does that rule exist if it is not in code?", you will eventually be moved up to the county supervisor (or the next person). If you can let them see you mean no harm, they may eventually come up with a reason why your case is different from the "squatter" case and can still uphold their rule later on with others, and grant you what you want. I may be with a wink and nod, but in most cases, I have not found this. No one wants to be caught showing favoritism these days.

In my county in Ohio, there are virtually no zoning laws for the land you own in the county. Living in a trailer is allowed as long as it meets the permanent housing code. Many of these codes are not enforced unless a neighbor has objected to the situation. You may find that someone "reported" you to the authorities and that caused the visit to your trailer. The county has to react to a call like that. You may find out who that report came from (you may be able to guess!) and go talk to them. If they see your side of things the issue may go away. The county is not in the habit of making visits to check up on people on their own land.

Good luck and PM me if you want to talk.

[jimfa440]

What about the busy-body reporting them in the first place. Tend to your own knitting.

[SYC2Vette]

For what it is worth I asked your local zoning administrator if I could live in an RV in your county on ag or residentially zoned land, and she wrote back.....

"We received your email about living permanently in an RV on a property located in the unincorporated area of Will County. This is not permitted. Through a temporary use permit, you may be allowed to temporarily reside in an RV during construction of a residence. This is a temporary use permit that would go to a public hearing for approval at the Planning and Zoning Commission. "

So even temporary use is apparently not an "over the counter permit"

[out of sight]

I think there is a good chance that you could get approval from the zoning commission, especially if it is temporary and you can demonstrate a hardship. It is easy to do and you don't need an attorney. You will have to pay a filing fee, certified mail fees to the neighboring property holders and publishing fees. At the hearing present your case and offer to shield the view from the neighbors with a fence or landscaping. Agree to comply with the board's requests and especially have a plan for the sanitary drainiage. The public will be asked if there are any objections or comments. If you're in a rural area it's possible than nobody from the public even shows up. The downside of the process is that it can take several months.