DuPage chairman candidates weigh in on zoning proposal

Both candidates vying for the DuPage County Board Chairman's post in November agree with a proposal to prohibit religious facilities and other places of assembly in unincorporated residential areas.

Republican Dan Cronin and Democrat Carole Cheney said the county's zoning laws need to strike a balance between property rights and religious freedom, but sided with the controversial proposed zoning law amendments.

Cheney said she doesn't want the county to rush the zoning amendments. Currently, the county's zoning board of appeals is holding hearings so that stakeholders can voice their opinions on the issue. The board will take up the topic again Sept. 27.

"I hope the ordinance isn't targeted to a group of people," Cheney said. "If the legislation is necessary to address legitimate traffic concerns and that is the conclusion, then I think it is an appropriate exercise."

Cronin said the issue has been around for some time and noted that a county prohibition doesn't mean religious groups can't locate a facility in a residential area in a municipality.

"It's probably not something that can done on a case-by-case basis because you would then run afoul of someone who didn't get what they wanted and would argue discrimination," he said.

In fact, the county board did discuss placing similar restrictions on religious facilities last year, but the measure was defeated. Its current incarnation takes into account all places of assembly, including civic, service and military veteran organizations. The initiative was prompted after residents in various parts of the county complained about proposals in the works that would have located religious facilities in residential neighborhoods. There are five such plans under scrutiny that would not be impacted by the proposed law. Three of the current proposals are Muslim facilities, one is a Hindu site and the fifth is a Christian church.

Additionally, the county recently created a new building code violation hearing process. This was in response to several cases that have lagged in the judicial system, including a case involving a residential property near West Chicago charged with being used illegally as a religious facility. The new process calls for the county to hire an attorney fluent in development law to act as a hearing officer to adjudicate the complaints in short order.

Cheney worries the new process lacks independent oversight because the hearing officer is paid by the county.

"We need to be especially vigilant making sure our system works properly and protects against potential abuses," she said. "We want to make sure property owners are protected in the process."

Cronin said malingering building code violations create a blight and can become a quality-of-life issue. He said he would put safeguards in place to monitor results of proceeding to ensure property owners aren't abused.

"At this stage, it's worthwhile to try and do something different," he said. "It sounds as if the current process has become ineffective. This is an important tool."