H.A.N.D.S. History

In the summer of 2001 Heather McMeekan got together with a couple in her single-family neighborhood near the WIU campus to discuss the declining quality of life there. Houses in neighborhoods close to campus were starting to be bought and rented to students. The definition in Macomb's unified code at that time allowed "4 unrelated individuals" to substitute for a "family." As a result. the character of those neighborhoods began to change dramatically. Heather began researching ordinances in other communities. Sally and Dave Egler joined her to plan how to recover stability for single-family neighborhoods. Heather already had a name for the group: H.A.N.D.S., Homeowners and Neighborhood Defense Strategy. The name was changed a few years later to Homeowners and Neighborhood Development Strategies.

This small group gathered other interested citizens and met to craft a plan to get the city to change its definition of "single family." The group investigated other campus communities to see how they dealt with the problem and presented their findings to individual members of the Planning Commission. The plan used in Ithaca, NY, seemed to encompass the best language for adoption in Macomb. That plan limited unrelated individuals to 2 in single-family housing. In early December a crowd of supporters gathered before the Planning Commission; sophisticated visual aids created by members of the group demonstrated how swiftly neighborhoods were being changed by rentals. Several in the group testified about the need to stem these changes and signaled our willingness to accept as "grandfathered" those properties already renting to four unrelated persons. The Planning Commission voted unanimously to recommend the change in definition to the city council. It was adopted by unanimous vote of the city council December 18, 2001.

This action was welcomed by many citizens in the community but criticized by realtors and landlords. Those groups continue to be opposed to the definition adopted in 2001. They claim real estate prices have fallen, although no hard evidence of that has been presented.

With this dramatic change in family definition and the higher visibility of HANDS as protectors of family neighborhoods, the group began speaking out at Planning Commission meetings considering zoning changes. By helping defeat several cases of rezoning, HANDS was seen as a kind of "power broker" for policy. The Mayor urged new developers to consult with neighbors and with HANDS before presenting any zoning requests to the city.

A further effect has been that some landlords have ignored the requirements of the new definition. After purchasing a house in an R1 or R2 (single-family neighborhoods) zone, they have rented to 3 or more unrelated individuals in direct violation of the current code. Neighbors have complained and HANDS has spoken out at many city council meetings. The city says it is difficult to prove overoccupancy and has been slow to seek enforcement of the definition. However, the persistent complaining by HANDS has put landlords on alert that violations will net them bad publicity at council meetings. As a result, at least one landlord has sold property in a neighborhood where they were violating the code for occupancy and others have been deterred from pursuing the same violations.

Because the city is now working with a few definitions of "single-family" due to the changes made and the grandfathering allowed, confusion about what applies to a particular residence has resulted. HANDS has suggested "sunsetting" the nonconforming properties to bring them into conformity with their zone over a specified time period. This amortization policy was initially suggested by a previous Director of Development in 2005. The city attorney objected to that as illegal and against case law. But another respected attorney in the city, at the request of HANDS, found case law that supported the practice of amortization. That attorney presented those findings to the city attorney and then she agreed to pursue investigation of such a policy. The Development Director put the issue on the agenda for the Planning Commission's meeting in 2006 where they were to consider an amortization plan passed 10 years ago about paving parking lots in the city. Because the city attorney had said that the language made it likely that "parking lot" could also mean any private "driveway," the community was aroused. Many letters to the editor were written and ads run to energize opposition to this amortization. Hundreds turned out for the Planning Commission meeting and many angry speeches were given. Abuse was heaped on city council members who had proposed this amortization and when the tumult and the shouting died, the Commission voted unanimously to rescind the requirement. THEN the subject of amortizing grandfathered properties was raised. It was immediately voted down.

Further violations of the zoning codes due to confusion have resulted in the city council's wish to consider some plan of amortization of nonconforming properties. Sept. 29, 2008, in a Committee of the Whole meeting, the Macomb City Council will discuss this matter. Landlords are expected to oppose any change and HANDS will seek to gain a hearing for a fair settlement of the issue. We want homeowners protected and landlords given an opportunity to recover their investment.

Although HANDS has addressed many zoning issues, the group seeks a good quality of life for all neighborhoods and works to create good neighbors of the students who live in the city. To that end we write letters to the editor urging respectful behavior of neighbors, endorse housing developments of good quality with responsible management, and serve on CUPP (Community and University Partnership Program) to create and preserve good relations between longtime city residents and students.