County considers actions on recreational vehicles, junk yards and other zoning matters

[February 05, 2016]  LINCOLN - On Wednesday, February 3, 2016, the Planning and Zoning Committee met to discuss setting ordinances for recreational vehicles and junkyards in subdivisions, consider two-acre rural residential zoning, and suggest some additional amendments to the Conditional Use Ordinance.

Committee member Kevin Bateman said there is a property in the county with several recreational vehicles, or campers, sitting on it. At the Committee’s January meeting, Zoning Officer Will D’Andrea said the property owners have building permits, but have not finished building. Bateman then asked if there were regulations about how long one can stay in the recreational vehicle.

D’Andrea said are no regulations of the time length, and Bateman said there is a need to craft an ordinance saying that people cannot live in campers. Bateman said potential buyers who looked at a house for sale near the property did not want to live next to a place with campers on it.

Bateman said he likes Laurie Muck’s suggestion that they follow Whiteside County’s ordinance, which prohibits using recreational vehicles for “permanent housing outside of a legal campground.” It only allows recreational vehicles to be used as temporary housing for up to 180 days if someone’s residence was destroyed.

D’Andrea asked if the committee wanted a definition section on recreational vehicles near a dwelling, regulations for specific uses, what zones they could be allowed in, and whether to prohibit use of campers outside a campground. He said they need to figure out specific language and definitions.

Bateman said he would like to add the use of recreational vehicles to dwelling standards. He said allowing people to use them as temporary housing when their home is destroyed seems acceptable.

Board Chairman David Hepler said D’Andrea could craft language to be brought to the committee next month.

Bateman motioned D’Andrea adopt language to add to Logan County’s dwelling standards to eliminate people from using campers or trailers as a permanent residence, and all approved. D’Andrea will have new language ready at the next meeting.

The committee also discussed junkyards in subdivisions which had been brought up at January’s meeting. Hepler said there is a property on Nicholson road that has several code violations and has had seven site visits and received multiple certified letters. This case and six others have been turned over to the State’s Attorney’s office, but Hepler said the cases had not been resolved as of January.

Committee Chairman Pat O’Neill said maybe they should have a retired lawyer, judge, or University of Illinois law student come and help with such cases. Muck said some counties have civil attorneys that handle these types of cases. He said the board may need to consider hiring someone to handle these problems even if it is on a part-time basis.

Bateman said they need to draft a letter to the State’s Attorney, that the entire board would like to see movement on this issue. Committee members Emily Davenport and Gene Rohlfs had questions about the fines and cases being postponed.

Both Bateman and Hepler said there is a need for more enforcement since the code violations can affect many people.

Bateman said the State’s Attorney should draft a letter listing all the charges and fines, and giving a deadline for taking care of them. If the person does not meet the deadlines, a court appearance would be required.

Hepler said he would like the Health Department to share the status of the seven cases with the County Board. Bateman motioned that the board ask for copies of the information by next month.

Two-acre residential zoning

Two-acre residential zoning was then discussed. Bateman said he and committee member Dave Blankenship had been talking about the zoning, and would like two-acre plots to be used for residential purposes if 60 percent is deemed non-tillable. He said there are several pieces of hilly and non-tillable land that could be sold. Right now, lots sold are at least five acres. Blankenship said they do not want to take away good farmland.

Rohlfs said he thought two-acre lots used be sold, and D’Andrea said there was a Country Home Ordinance allowing a minimum of one acre of land to be sold, but that ordinance changed.

Guest Todd Steinberg said his family is interested in buying a two-acre plot near his home, though it is tillable, and most farmers would not give up a lot of land.

Doug Muck said the Plat Act addresses how much land can be split off, so the committee should look at the Act.

D’Andrea said he gets “chewed out” by those who just want two acres, but the other side is that Logan County is largely agricultural. He said more people moving to the country can cause conflicts.

Bateman said he lives next to a farm and has to be careful where he stands when the neighbor is combining or he may get hit in the head by corncobs. People moving from a big city may not be aware of these hazards.

Guest Aaron Steinberg said when people are spending so much money to live in the country, they will know what they are getting into, but realizes others may not.

Rohlfs and O’Neill both said perhaps there needs to be a “buyer beware” disclosure, but Muck said buyer beware is almost dead in real estate transactions. Muck said a civil law principle of “moving to a nuisance,” or next to a cement plant, race track, farm, hog operation, or limestone quarry means people cannot complain in court because they were aware of what was there when they moved in.

Bateman’s motion to change the ordinance from five to two acres was passed and will be further discussed. The issue will need to go before the Zoning Board of Appeals at some point.

The committee also had some suggestions for language to be added to the Conditional Use Amendment currently on display at the courthouse. The changes will be considered after it is taken off display later in the month.

Committee member David Hepler motioned that the Board insert language about toxic and volatile chemicals into the Conditional Use Ordinance since there are potential dangers where chemicals are stored. The board will look into possible fencing and barriers and do more research into state rules as they consider new standards. Police already watch the tanks with anhydrous chemicals closely. Chemical owned by farmers and stored on their residence would be excluded. O’Neill motioned to bring this language forward.

Committee member Dave Blankenship said he wants to add language about “sequential” activity into the Sunset Clause so that it is more business friendly and encourages dialogue with the Zoning Officer during the process. Hepler said the term may also be less obscure and less adversarial, allowing people to advance with their business. Hepler said the term sequential could also show a business is moving step-by-step, and large projects such as wind farms would have more time to "maximize quality." Rohlfs and Muck felt the term was less subjective than the term "substantial" that they had discussed previously.

D’Andrea said they should consider tying the term “sequential” to extensions rather than the first five years set in the Sunset Clause.

Hepler motioned to bring this language forward to the board.

Discussions of these issues will continue in upcoming months.

The next Planning and Zoning meeting will be Wednesday, March 2, 2016.

[Angela Reiners]