County prepares to update Conditional Use sections in Zoning Ordinance

[January 15, 2016]  LINCOLN - On January 6, 2016, the Logan County Board's Planning and Zoning Committee met to discuss proposed changes to the conditional use sections of the county's zoning ordinance. On the same evening just after this group met, the Logan County Regional Planning Commission also reviewed and discussed the topic. And on the following evening of January 7th, a public hearing was held by the Logan County Zoning Board of Appeals to consider the proposed amendments.

Each of these groups are populated by a different representation of person's knowledgeable about land use, the county's needs, or direction of development. At each of the meetings there were questions and concerns raised, as much as two and a half hours discussion took place at the public hearing, and dozens more hours of discussion have taken place prior to this current, possibly final phase of decision making.

While simple in appearance, as evidence in prior discussions and those at recent meetings, the zoning ordinance and its proposed changes carry considerable weight and are responsible for healthy economic growth having tremendous impact on the county's future. Zoning law is one of the more difficult to design regulations of governance.

Why are amendments needed at this time?

As years go by many of the aspects that influence the 'use of land' change - the diversity of new businesses and housing developments fill-in spaces requiring periodic review of the whole; state and federal laws change; new understandings and more awareness based on environment impacts and past experience may change land use plans. It becomes prudent and necessary to review the full picture periodically.

By way of an example: Residential development requires careful planning not to create future conflicts with already established or possible future manufacturing or agricultural uses; such as it would be short-sited to approve an upscale subdivision development near to a hog confinement operation. A look at the impact on natural resources for surrounding homes, businesses or other nearby agriculture operations, such as if there would be a high demand for water use, could that demand be sustained over time. And where would refuse water go, or any other waste product disposal. These are all things that conditions and requirements change over time.

Currently, the board has been examining the terms defining conditional use, which may be offered in any of the zoning districts - Agriculture, business, manufacturing, residential areas.

Examples of rezoning for conditional use has been in Agricultural Districts where wind turbines, coal and lime stone mining operations have recently been approved.

Changes to the Logan County Zoning Ordinance first fall to the Logan County Board's Planning and Zoning Committee to work on. Logan County's Zoning Officer Will D'Andrea was asked to examine what other counties are doing for conditional use terms, and then to present those findings and make recommendations to the committee.

With information from D'Andrea in hand, the P&Z Committee began honing the ordinance in September 2015, and following much discussion presented recommendations to the full board in November. There too, much discussion took place.

The board sent the document back to committee asking for some changes, most specifically to the sunset clause. The sunset clause is a dated period that a project must begin, show progress, and/or finish after building permits are issued. The goal of setting dates is to progress approved projects to keep economics in the area dynamic and to give the county greater opportunities in its future development.

[Jan Youngquist/Angela Reiners]