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 Board approves Zoning Ordinance changes
Board member Pat O'Neill motioned to approve a resolution to change
sections of the Zoning Ordinance relating to dwelling, recreational
vehicles, and agricultural minimum lot size.
For the past couple of months, the board's Planning and Zoning
Committee has been working on making changes to some of the language
in the zoning ordinance.
Board member Emily Davenport asked if the motions could be separated
so they could vote separately on the section about lot size.
Zoning Officer Will D'Andrea said the Regional Planning Commission
and the Zoning Board of Appeals made three separate motions on the
three different sections of the ordinance being amended.
Board Chairman David Hepler agreed, the motion could be amended.
Davenport motioned for an amendment to separate the resolution into
two motions.
Hepler asked for a vote on the amended motion.
 The motion to divide passed with Miles Craig, Emily Davenport, Gene
Rohlfs, David Hepler, Pat O'Neill, and Scott Schaffenacker voting
yes. Bob Farmer, Dave Blankenship, Rick Aylesworth, Chuck Ruben, and
Kevin Bateman voted no.
The board then voted on the motions separately with the first one
focusing on dwellings and recreational vehicles. The second motion
focused on the agricultural zoning.
The board unanimously approved the motion on dwellings and
recreational vehicles.
What the ordinance now says:
The language added to
zoning ordinance section 15.2 says a dwelling is “A building or
portion thereof designed or used exclusively as a residence or
sleeping place, but not including boarding or lodging houses,
motels, hotels, tents, cabins, recreational vehicle, or mobile
homes.”
A definition of a Recreational Vehicle has also been added to zoning
ordinance section 15.2. A Recreational Vehicle will be defined as “A
vehicular type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as
temporary living accommodation for recreational camping and travel
use.”
Section 12.1 of the Zoning Ordinance now has provisions for permit
applications to grant use of a Recreational Vehicle as a temporary
dwelling unit. This section says, “When constructing a new dwelling
or when a fire or natural disaster renders a dwelling unit unfit for
habitation, the temporary use of a recreational vehicle on the
property is permitted during the construction, rehabilitation or
reconstruction of the dwelling unit.”
The ordinance sets up the following six provisions for using the RV
as a temporary dwelling:
1. The request for use of a recreational vehicle shall be included
with a building permit application for the construction,
rehabilitation, or reconstruction of the dwelling unit.
2. Such a permit will be issued without charge for the recreational
vehicle during construction.
3. The recreational vehicle shall be located at least ten (10) feet
from the dwelling unit and shall meet all applicable side and rear
setbacks for the principal structure.
4. The Zoning Officer shall require appropriate health department
permits for water supply and sewage disposal prior to the issuance
of the permit.
5. Use of the recreational vehicle for permanent habitation shall
cease upon completion of the construction, rehabilitation, or
reconstruction of the dwelling unit.
6. The maximum length of the use of the recreational vehicle shall
be one (1) year but may be extended by the Planning & Zoning
Committee if the need for such continuance is demonstrated.
Agricultural Zoning
There was discussion and questions from board members before the
vote on the section about agricultural zoning.
Board member Kevin Bateman said people could still get permission to
build on lots smaller than five acres by getting a Conditional Use
permit. He said the words "not well suited for agriculture" just
"muddied up the field of what we are calling agriculture."
Board member Miles Craig said he is concerned over decisions that
may be made by future boards "giving out acreage any way they want."
Bateman said he could understand Craig's point. He said, "My point
is also to allow someone to purchase less than five acres to put a
homestead on." Bateman said, "I envision family farms" and know of
someone who wants to raise his family on the family farm on less
than five acres.
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Bateman said those wanting to build on smaller lots would still have
to get approval from the Zoning Board of Appeals and the Logan
County Board. If neighboring residents do not want someone building
on a smaller lot, they could present their reasons.
Bateman said he does not foresee a farmer "chucking off a plot of
land" and saying "I have two acres for sale, come buy it." Each
person that buys two acres would have to go through an "arduous
process" to get the permit to put the home on.
D'Andrea said, though the request for an application for less
than five acres follows a 'Conditional Use' procedure, it is a
'Permitted Use' rather than a 'Conditional Use.'
Board member Chuck Ruben said the only change to the section about
agricultural minimum lot size was to remove the words "not well
suited for agriculture." He said they are removing an ambiguous
statement that "could be contested." Ruben asked who would determine
what is "not well suited for agriculture.
Davenport asked about the Farm Bureau's opposition to the changes.
Bateman said he has been told that many farmers do not want to take
any land out of production. He
said the changes are fair to people who want a smaller homestead.
Hepler said it sends the message to people who do not know the
processes that they could buy one acre and put up a home.
The Board voted 7-4 to approve changes to the section about
agricultural minimum lot size with Rick Aylesworth, Kevin Bateman,
David Blankenship, Pat O'Neill, Gene Rohlfs, Chuck Ruben and Scott
Schaffenacker voting yes. Miles Craig, Emily Davenport Bob Farmer
and David Hepler voted no.
What the amended ordinance now says
Section 3.41-6 of the
amended zoning ordinance says lots shall be five acres with three
exceptions:
The first exception (part a) is “Farms and farmsteads in existence
prior to the adoption of this amendment which may be subdivided into
two parcels.” These two parcels may include “one containing an
existing farmstead and one containing the remaining unimproved land
which shall be at least five (5) acres in size”
It also says, “The parcel containing the farmstead shall have a
minimum area of one (1) acre. Farmsteads not adjacent to or abutting
a public road right-of-way may have a private road right-of-way of
no less than 30 feet extending from the public road to the existing
farmstead.”
In addition, “ Lots or parcels previously permitted by the Logan
County Board and recorded in the office of the Logan County Clerk
and Recorder of Deeds will be exempted from compliance of this
amendment.”
The second exception (part b) is that there may be, “Legitimate
farming operations on tracts of less than five acres, provided that
the tract is for the purpose of a farming operation and does not
provide a rural homesite.”
The third exception (part c) allows for “lots on tracts of less than
five (5) acres if approved through the Conditional Use Procedure and
if proven by the petitioner that the parcel will not adversely
affect adjoining agricultural uses, or that the parcel was created
by the acquisition of a public right-of-way and construction of a
public street or highway.”
On other matters, the board voted unanimously, 11-0, to approve both
Water and Fire Districts.
Also voted during the April meeting, Betsy Pech's appointment to
Northern Logan County Water Authority was approved unanimously.
[Angela Reiners]
Past related article:
Logan County to vote RV use and lot sizes; District 3 Board Seat
could be filled
Resolutions
LO 15-16
44 - RESOLUTION TO AMEND THE ZOINING ORDIANCE - CASE 2-A-16
LO 15-16
50 - RESOLUTION TO AMEND THE ZONING ORDINANCE - CASE 2-A-16
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