Public hearing introduces Logan County zoning language modernization

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[February 07, 2015]  LINCOLN - The Logan County Zoning Board of Appeals held a public hearing Thursday night in the Logan County Safety Complex. The hearing was held in order to discuss and invite the public to comment on possible revisions to county language on the zoning process.

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.

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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]

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