Logan County Regional Planning Commission reviews Bed and Breakfast Ordinance

 

[February 09, 2019] 

On Wednesday, February 6, the Logan County Regional Planning Commission heard from Logan County Zoning Officer Will D’Andrea on two proposed Logan County Zoning Ordinance amendments.

The focus of discussions was on a bed and breakfast ordinance, and language changes to the recently approved solar ordinance.

Commission members present were Chairman Blair Hoerbert, Matt Bobell, Fred Finchum, Jeff Hoinacki, Dave Schonauer, Jim Vipond, Bob Farmer, Kevin Bateman and Logan County Highway Engineer Bret Aukamp.

Bed and breakfast establishments

The Logan County Board Planning and Zoning Committee has been working the past few months on developing on an ordinance for bed and breakfast establishments.

D’Andrea gave commission members a handout with the definition and a list of criteria, which said:

• An operator-occupied residence providing accommodations for a charge to the public with no more than 5 guest rooms for rent.

• In operation for more than 10 nights in a 12-month period.

• Breakfast may be provided to the guests only.

• Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments.

The B&B definition would be added to Section 15.2 of the zoning ordinance.

D’Andrea said a special use permit will be required for these establishments, but they can be in any zoning district.

Section 3.8-2 of the zoning ordinance lists approval criteria that would apply when considering a special use permit for a bed and breakfast establishment:

1. The establishment shall be located within a one or two-family dwelling unit.
    

2. The establishment shall be located on a lot that is a minimum of one acre in size.
    

3. The establishment shall be located in a dwelling unit permanently occupied by the owner or manager wherein, as an accessory use to the residential use, rooms are rented to the public.
    

4. Breakfast may be provided to guests of the bed and breakfast only.
    

5. Two off-street parking spaces with one additional off-street parking space per lodging room shall be provided. All off-street parking spaces for each lodging room shall be adequately screened from neighboring property.
    

6. No more than five guest rooms may be provided. The County Board may, however, further limit the number of lodging rooms allowed in order to maintain the character of the neighborhood in which the bed and breakfast facility is located.
    

7. No signs other than a 3’ x 5’ identification sign shall be allowed. The maximum height of a freestanding sign shall not exceed six feet (6') above the natural grade where the sign is installed. Lighting is permitted by floodlight only. Signs shall be non-flashing and digital signs are not permitted.
    

8. The establishment shall comply with the requirements of the State Fire Marshal for one- and two-family dwellings.
    

9. The operator of the establishment shall obtain certification from the State Fire Marshal that the proposed bed and breakfast establishment meets the requirements of Section 6 of the State of Illinois Bed and Breakfast Act.
    

10. In conjunction with the special use permit application, a floor plan of the proposed bed and breakfast establishment shall be submitted illustrating that the proposed establishment will comply with the requirements for bed and breakfast establishments as set forth by this chapter.

11. The operator shall obtain all required licenses and permits for a bed and breakfast establishment as required by the Logan County Health Department prior to beginning the operation of the bed and breakfast establishment.

Logan County Board member Kevin Bateman told commission members the Planning and Zoning Committee had looked at other counties’ ordinances and are trying to regulate [these establishments] without being restrictive. Bateman said discussions included parking criteria and not having flashing or digital lights.

Logan County Highway Engineer Bret Aukamp asked if taxes collected would go under the county motel/hotel tax and whether the owners would have to report how many were staying in the bed and breakfast.

Bateman said motel/hotel tax kicks in, but it is a different entity. He said for stays of more than ten nights, the state says you must get a hotel/motel license.

Commission member Fred Finchum motioned to recommend approval of the criteria for the bed and breakfast ordinance, and all approved.

Amendments to solar ordinance

The solar ordinance was adopted last May, and D’Andrea said six applications for solar gardens were made in late fall. A state lottery in January would determine which solar projects would be chosen.

D’Andrea said through review of the solar ordinance, he noticed a break down with details found for solar gardens and not solar farms. D’Andrea changed and restructured the ordinance to use the same criteria for both.

The dimensional standards for solar gardens that are part of a subdivision will now say, “All solar garden related structures in either existing or newly platted subdivisions must comply with setback, height, and coverage limitations for the subdivision in which the system is located. The setback from property lines will be ten (10) feet minimum unless otherwise specified in the district in which the system is located.”

Setbacks for solar panels are to be “at least five hundred (500) feet from a residence.” A proposed addition to this section is, “this setback shall not apply to solar gardens that are a part of a subdivision.”

D’Andrea said for requirements of site plans, he has added, “a drainage report shall be submitted along with the site plan.”

Language to be added includes Solar Energy Systems and Solar projects. These terms replace the term solar farm.

Aukamp asked why the ordinance said Solar Energy Systems in one area and Solar projects in another. He said the same term should be used throughout the ordinance.

Bateman said he thinks it would be better to use the term Solar Energy Systems throughout the ordinance.

Aukamp then asked why the term “navigable streams” was used in the section on setbacks since there are no navigable streams in Logan County. He said “natural streams” would be better.

D’Andrea said it could be changed to just a stream.

Bateman said maybe it could say waterway, but then motioned to just strike the language about streams.

Aukamp said language about “margins of public roads” should be changed to “right of way.”

Hoerbert motioned to recommend the language changes and all approved.

The two matters would next be taken to the Zoning Board of Appeals. The RPC and ZBA each assess changes that involve property use, look at impact on other property owners, compatibility and overall planning for the future. Both groups’ recommendations go to the Logan County Board, who make the final decision by vote.

[Angela Reiners]