Tuesday, July 09, 2013
 
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County zoning committee addresses mining regulations, building codes for unincorporated areas

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[July 09, 2013]  The Logan County Planning and Zoning Committee met for a brief discussion on July 3. Committee members present were David Hepler, Pat O'Neill, Kevin Bateman, Bill Martin and Jan Schumacher. Zoning officer Will D'Andrea was also present.

The first conversation of the night was the possible revamping of laws concerning conditional use zoning for extraction.

An issue that arose during discussions surrounding a recent land rezoning, for the purpose of mining, was the lack of a precedent for this specific type of conditional use permit and the subsequent lack of guidelines. D'Andrea said that other counties, such as McLean and Peoria, do have such guidelines in place.

D'Andrea also provided an outline of the five regulations under which current conditional use permits are granted. The regulations are examined by the planning commission and the board of appeals. Currently, the county allows for conditional use permits with the creation of concrete mixing plants.

Committeeman Kevin Bateman said he believes it would be easier to prevent such future issues if the list of permitted uses in an M-3 district would be moved under conditional uses.

D'Andrea said the downside to such a move would be an M-3 district with no outright permitted use.

Bateman asked if it would be possible to move the five regulations in order to make them part of the criteria for a permitted use. D'Andrea said it would not be advisable, as those types of operations, such as gravel pits or coal mines, are outright permitted by the county; those operations are already deemed appropriate for that type of work.

D'Andrea said some counties do not have an M-3 district. The county could remove those districts, and future operations would file for conditional use permits under an ag district. Existing and operating businesses could possibly be grandfathered under the old regulations.

Should those operations become conditionally approved in an ag district, they would have to follow the five regulations.

"I don't think these five things are so chokingly drastic that we're going to stop people from coming into this county to do business," said Bateman.

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Bill Martin said he would prefer not to change anything the night of the meeting, as there was still research that could be done on the subject. Bateman responded, saying that he just wants to see progress begin on this issue. D'Andrea added that the actual process would be a series of written drafts containing new language, followed by approval from the committee with each draft.

The committee voted to approve the writing of such a draft to begin reading next month, with David Hepler voting no.

The second discussion of the night concerned the lack of building codes under county regulations in unincorporated areas.

D'Andrea said he strongly believes the county needs to adopt building codes, but there is difficulty in determining what types of codes to use and how to enforce these codes.

Bateman suggested that to keep things simple, the committee could begin looking into codes for housing in rural areas before looking at any other building codes.

"Since we're starting at zero, we need to work up some kind of building codes for housing," said Bateman.

The committee members agreed that the creation of codes is not a matter of gaining money through housing permits; it is considered a quality-of-life issue. The committee hopes to continue discussing the creation of building codes after more research is completed in the interim.

The same discussion occurred between the committee members as to the lack of fencing regulations in rural Logan County.

"This is a quality-of-life issue," said Jan Schumacher.

The last topic of the night was the application for an ITEP grant. The county would be applying for the grant in order to potentially look into bike trail planning. The full board is expected to discuss the issue later this month.

[By DEREK HURLEY]

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