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ZBA members present at the meeting were chairman, Doug Thompson;
Rick Sheley, Judy Graff and Brett Farmer. Zoning Officer Will
D'Andrea was also present.
Logan County Zoning Officer Will D’Andrea provided copies of the
existing language and proposed changes. In some instances, D’Andrea
inserted state statutes into the proposed language, which could be
read more clearly. D’Andrea said the current language can be very
confusing and vague in referencing other areas of the ordinances.
Additionally, he said most counties in the area use the state
statute, and that Logan County’s ordinances as they are now do not
match up.
Increase 'advanced notification'
One of the sections proposed concerned the required time for nearby
landowners to be informed. Currently, landowners must be notified at
least fifteen days prior to a hearing. The change would increase
that to twenty-five days.
“One of the complaints that the county board received was that
fifteen days’ notice of the hearing is not enough time to get
organized,” said D’Andrea.
More specific identity of property
The proposed new language would make it more clear as to what is
required before a hearing is held, which would be the location of
the property by parcel number, a legal description and street
address (or nearby landmark), and contain a description of the
request.
According to D’Andrea, the requirements were quoted directly from
state statutes.
Which neighbors would be notified
In addition, the new language would clarify which landowners would
be notified within a specific distance from the application: “all
property owners within two hundred feet in areas zoning residential,
three hundred feet in areas zoning business or manufacturing, and
one-quarter mile in areas zoned agricultural or Special District.”
Brett Farmer asked what the state’s minimum time frame for public
notice is for zoning hearings. D’Andrea said the minimum requirement
is fifteen days, but the county is allowed to require more time in
their ordinances. “We can’t say we require less than fifteen days,
but we can ask for more,” said D’Andrea.
Conditional use
Another section with proposed changes concerns conditional use
procedures. One example of the proposed changes is a consistent
reference to the Regional Planning Commission, which is given
different titles throughout the existing ordinances.
[to top of second column] |
New language for amendments to ordinances or to the zoning
map
A third section that would be changed is the ordinance for
amendments to ordinances or to the zoning map. Most of the
existing language would be removed in favor of a clearer
rewriting of the regulations. The suggested revision would be to
simply insert the state statutes on amendment procedures,
replacing the current language altogether.
Protests to zoning amendments
County Board vote, landowners and municipality protests -
Additionally, D’Andrea inserted the state statute on protests
against amendments into the ordinance. The statute requires a
three-fourths majority vote by the county board for a textual
amendment if a written protest is signed by five percent of
landowners or by resolution of a zoned municipality.
It would also require such a vote for a map amendment; if twenty
percent of landowners on the land to be rezoned signed a
petition, or twenty percent of the landowners on the proposed
perimeter, or within an area of one-and-a-half miles from a
zoned municipality.
Chairman Doug Thompson asked if any of the towns or township has
a planning commission of their own in Logan County.
Lincoln and Atlanta both have their planning commission, and by
the proposed new language would be able to file a petition
within thirty days after an amendment hearing.
In order for the ZBA to vote on these recommended changes, the
Regional Planning Commission has to provide a recommendation.
The Planning Commission could not provide said recommendation
due to the lack of a quorum at its February session on
Wednesday. As a result, the ZBA will take its vote at the next
hearing scheduled for Thursday, March 5th at 6 p.m. in the
Safety Complex.
Proposed
zoning change processes (Pdf)
[Derek Hurley] |
