Building and commercial solar development ordinances pass Logan County Regional Planning Commission

[May 03, 2018] 

LINCOLN  On Wednesday, May 2, the Logan County Regional Planning Commission heard a report from Logan County Zoning Officer Will D’Andrea. Several Logan County Zoning Ordinance Amendments will be brought to the Zoning Board of Appeals at a public hearing this evening, Thursday, May 3.

The focus of discussion was on building standards, tiny homes, and a solar ordinance, which are the areas being amended or added.

Commission members present were Vice Chairman Blair Hoerbert, Tom Anderson, Ryan Murphy, Dave Schonauer, Jim Vipond, Chuck Ruben, Scott Schaffenacker; and Joyce Maxheimer, representing Mount Pulaski. In addition to D’Andrea and Logan County Highway Engineer Bret Aukamp was also present. Guest was Logan County Board member Dave Blankenship.

Building Standards
One amendment is to Zoning Ordinance Section 12.0 on Permits, which will have an added section for a Certificate of Occupancy and Inspection process.
D’Andrea said right now a Certificate of Occupancy is not required and there are no building codes or an inspection process.

In summer 2016, the Logan County Planning and Zoning Committee decided there should be some type of review for code compliance and some standards set. They have been developing the standards over the past several months.

Blankenship said the committee decided against code inspection due to the expense to the county and “uproar from contractors.” The committee put their heads together and came up with a “much softer way to increase standards and meet best practices.” It will be “more palatable for the contractors and homeowners.”

Blankenship said the American Society of Home Inspectors Executive Director and other top people spoke to the Planning and Zoning Committee this summer. It is the first time these standards have been attempted nationwide. Blankenship said he was told that other rural communities that cannot afford code inspectors may soon adapt some of the standards. He said the insurance company may lower rates if the standards are passed.

The proposed language to be added to Section 12.21 says a certificate of occupancy must be issued for a new “single family dwelling or an addition greater than 500 square feet to a single-family dwelling” before anyone occupies the home.

D’Andrea said he issues permits for around fifteen new houses a year.

Section 12.2 describes the inspection process. It says, “No certificate of occupancy shall be issued until construction has been completed and the project inspected by a qualified building inspector. The building inspector shall submit inspection reports to the Zoning Office which state that the construction meets best practice standards (ASHI Standards). It shall be the responsibility of the property owner to hire the building inspector.”

These inspections will be done at two points and shall include a pre-drywall inspection and final inspection.

The pre-drywall inspection will include foundation components; floor, wall, and roof structural components; plumbing, electrical, and rough-in components; windows and exterior doors; and HVAC systems.

The final inspection shall include exterior stairs and handrails, surface drainage, porches that are screened year-round or open, decks, entrance steps, and patios.

Blankenship said he is an electrical contractor and has seen some serious quality control issues and seen homeowners get ripped off by qualifiers.
Hoerbert asked for examples of the issues.
Blankenship said he has seen hundreds, including contractors that don’t do static pressures on ductwork in a house, so you have a hot and a cold room; and electrical contractors that make major mistakes on return pathways that can cause heat up conditions. Blankenship has also had contractors ask him how to frame stairs because they couldn’t do the treads and risers right. He has seen spindles on the stairs that are too far apart, and center beams of houses improperly supported. Run-off and drainage are other issues Blankenship has come across.

Aukamp asked about the costs of the inspection and whether there would be a checklist of standards.

Blankenship said the costs for inspection would likely be $300 to $500 depending on the square footage of the property.
D’Andrea said they must satisfy the bare minimum standards of the items listed on the inspection checklists.

Schonauer said the standards bring integrity back.

Werth said banks will want to see the certificate of occupancy before a loan can be closed.

The Regional Planning Commission recommended that the Zoning Board of Appeals approve these changes.

Tiny Homes
Another amendment is being made to the zoning ordinance section on mobile homes with the addition of language regulating tiny homes

D’Andrea said they are striking out language on mobile home parks and changing it to tiny home parks. A tiny home subdivision could go in a residential district as a conditional use. The language on mobile home developments is being changed to tiny home developments.

In Appendix B, the mobile home park regulations are being adjusted for the tiny home concept.

D’Andrea said Appendix B Section 1 defines a tiny home as “a dwelling that is between 200 and 800 square feet that is intended for permanent occupancy and is placed on a permanent foundation.” The home cannot be on wheels.

D’Andrea said the tract of land for the park should be at least five acres and there shall be no more than five tiny homes per acre.

A secondary entrance will be required to connect the tiny home park with public streets or roads to allow fire department access.

The parks will need to have a water and sewer supply system. Each tiny home will have water and sewer access and its own independent electrical access.

There would also be a shared street system with sidewalks.

Garages are to be separated from a tiny home by “a minimum of ten feet.”

Werth said some people might want an attached garage and said they should have the ten-foot setback if the garage is attached.

Ruben said the garage might end up turning into a living space.

Schonauer motioned that they add attached garages to the amendment and recommend approval to the Zoning Board of Appeals.

Solar Farms and Solar Gardens
D’Andrea said he has recently received several calls from solar companies inquiring whether the county allowed commercial solar farms and the answer had been no. Due to the volume of calls, he asked the board if there was interest in developing an ordinance for Solar Energy Farm and Solar Garden Installations in Unincorporated Logan County.

D’Andrea and members of the Planning and Zoning Committee looked at several ordinances used in other counties and decided what they wanted to cover in the solar ordinance.

Ruben said many solar farms are going up in nearby counties and tax credits are available for using solar energy. The Illinois Power Authority has money available. Companies must be certified by the state.

Proposed amendments to Section 3.41-4 on Agricultural District Conditional Uses includes adding solar farms and solar gardens as a conditional use and adding Appendix F with regulations for solar farms.

One conditional use is aviation protection with a regulation that “Solar Gardens located within five hundred feet of an airport of within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

D’Andrea said a solar farm is larger than a solar garden. The solar farm is defined as “commercial facility that converts sunlight into electricity, whether by photovoltaics [an active solar energy system that converts solar energy directly into electricity], concentrating solar thermal devices, or other conversion technology, for the primary purpose of wholesale sales of generated electricity.” The solar farms would be more than five acres.

A solar garden is defined as “A commercial solar-electric (photovoltaic) array of no more than five acres in size that provides retail electric power (or a financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar energy system. A county solar garden may be either an accessory use, when a part of an existing or a proposed subdivision, or a Conditional Use if it is a stand-alone garden.” The solar gardens would be less than five acres.

D’Andrea said the County Board may hire an independent engineer and may “provide for a final site inspection before the facility is authorized to become operational.”

D’Andrea said the ordinance sets many regulations for site plans, height requirements, setbacks, fencing, and decommissioning plans. Anything electric must be underground.

The solar energy systems shall also comply with the International Building Code, the State Electric Code, Illinois State Plumbing Code requirements, and the Illinois State Energy Code.

Hoerbert made a motion to recommend approval of this ordinance to the ZBA.

The Zoning Board of Appeals will consider these Zoning Ordinance Amendments at a Public Hearing on Thursday, May 3, 2018 at 7:30 p.m. in the Logan County Safety Complex Blue Room.

[Angela Reiners]