The administration of this chapter is hereby vested in the:
[Amended 7-10-1973; 5-15-1974; 8-9-1983]
A.
Establishment. There is hereby established the office of Zoning Administrator.
The Zoning Administrator shall be the executive head of this office.
Such other employees of the office of the Zoning Administrator shall
be appointed by the Zoning Administrator with the approval of the
County Board.[1]
B.
Duties. The Zoning Administrator shall administer and enforce this
chapter, and in addition thereto and in furtherance of said authority
he shall:
(1)
Examine and approve an application pertaining to the use of land
or structures when the application conforms with the provisions of
this chapter.
(2)
Issue zoning certificates and sign permits, and make and maintain
records thereof.
(3)
Issue occupancy certificates and make and maintain records thereof.
(4)
Supervise inspections of structures and uses of land to determine
compliance with the terms of this chapter, and where there are violations,
initiate action to secure compliance.
(5)
Receive, file, and forward to the Zoning Board of Appeals all applications
for appeal, variations, conditional uses, other than planned developments,
or for other matters on which the Zoning Board of Appeals is required
to pass under this chapter.
(6)
Receive, file, and forward to the County Planning Commission all
applications for the amendments, planned developments, or for other
matters which, under this chapter, require referral to the County
Planning Commission.
(7)
Maintain permanent and current records of this chapter, including,
but not limited to, maps, amendments, the rules of practice and procedure
of the Zoning Board of Appeals, conditional uses, variations, appeals
and applications therefor, and records of hearings thereon, including
the recording of district amendments and conditional uses on the Zoning
District Map.
(8)
Decide or make recommendations on all other matters under this chapter
upon which the Zoning Administrator is required to act.
(9)
Maintain all zoning records which are a part of the administration
of this chapter.
(10)
Initiate, direct and review, from time to time, a study of the
provisions of this chapter, and make reports of his recommendations
to the Zoning Board of Appeals, the County Planning Commission and
the County Board not less frequently than annually.[2]
(11)
Assist the office of the State's Attorney in the development
of proposed amendments to the provisions of this chapter as may be
necessary from time to time.
(12)
Publish periodically this chapter, including the Zoning District
Map.
(13)
Provide and maintain public information service relative to
matters arising out of this chapter.
(14)
In cases where an application for an amendment or conditional
use is made, the Zoning Administrator shall send notice by U.S. mail,
postage prepaid, to owners of all property surrounding and contiguous
to the property which is the subject of the application. For this
purpose, property is contiguous to a property which is the subject
of the application even if it is across an existing or proposed road,
stream, or other natural or man-made separation of the two land tracts.
(15)
Act as plat officer of the Subdivision Regulations of Stephenson
County, Illinois, enacted October 28, 1969:[3]
(b)
Receive and file all preliminary plans and plats (together with
applications).
(c)
Forward copies of the preliminary plat to other appropriate
agencies for their recommendations and report.
(d)
Receive and file all final plats, and check their compliance
with the preliminary plat and as-built plans.
(e)
Make all other determinations required of him by the regulations
herein.
(f)
Discourage the subdividing of lands that are far in advance
of the needs of the development of the County; or which, by their
locations, cannot be efficiently served by public utilities, fire
protection, police protection, or other community services; or which
are located in areas subject to flooding, or are topographically unsuitable
for development; or which, for any other reason, are being unwisely
or prematurely subdivided.
[Amended 2-14-1978; 3-8-1983; 7-11-1989 by Ord. No. 89-07-141; 11-10-1992 by Ord. No.
92-11-187; 11-15-2000 by Ord. No. 00-05-250; 9-10-2003 by Ord. No.
03-28-276]
A.
Applications for zoning certificates shall be accompanied by building
layout plans in triplicate, drawn to scale, and fully dimensioned,
adequate to show the shape, area and dimensions of the lot to be built
upon, the location, the ground area, height, and bulk of existing
and proposed structures and, if residential, the number of dwelling
units each structure is designed to accommodate, location and number
of off-street parking and off-street loading spaces, and such other
information as may be required by the Zoning Administrator for the
proper enforcement of this chapter. Wherever a structure or use is
of a type for which this chapter requires off-street parking on a
ratio to the number of employees, the number of employees on which
the parking requirement is based shall be shown on the application.
One copy of such plans shall be returned to the owner when such plans
shall have been approved by the Zoning Administrator. The lot and
location of the building thereon shall be staked out on the ground
before construction is started. Fees for zoning certificates for the
following shall be set from time to time by the County Board: established
buildings; cellular towers, including associated equipment structures;
WPGF towers.[1]
B.
No permit pertaining to the use of land or structures shall be issued
by any officer, department, or employee of Stephenson County unless
the application for such permit has been examined by the Zoning Administrator
and has affixed to it the authorization of the Zoning Administrator
indicating that the proposed structure or use complies with the provisions
of this chapter. Where no other permit is required for the use of
the land, this zoning authorization shall be construed as the permit
to so use the land.
C.
An application for a permit pertaining to the use of land or structures
which requires compliance with the provisions of this chapter respecting
performance standards shall be signed by the landowner or a corporate
officer, or authorized representative of the owner or corporation,
certifying that the structure and the proposed use thereof comply
with the applicable performance standards of the district in which
they are located. Such certificates shall contain sufficient information
and detail to enable the Zoning Administrator to determine that the
proposed structure and use can and will be in compliance with the
applicable performance standards. The Zoning Administrator shall,
within 15 working days following receipt of such application and certificate,
approve and authorize or deny the issuance of a zoning certificate.
Approval also indicates that the application complies with other relevant
provisions of this chapter. Such authorization shall thereafter be
valid for all purposes for a period of one year, and if incomplete
at that time, may be extended for successive one-year periods by requests
in writing to and written authorizations for such extensions from
the Zoning Administrator. If the application is denied, the Zoning
Administrator shall notify the person signing the application, in
writing, of his findings. Upon receipt of such findings the applicant
may, within 20 working days, show that such application is in compliance,
or submit a revised application which is in compliance.
[Added 2-14-1978]
A.
Occupancy certificates shall be applied for coincidently with applications
for zoning certificates, and shall be issued within 10 working days
after completion of construction and the premises inspected by the
Zoning Administrator. Occupancy certificates shall be issued by the
Zoning Administrator to authorize occupancy of the premises in accordance
with the zoning certificate. Pending the issuance of the permanent
occupancy certificate, a temporary certificate may be issued, to be
valid for a period not to exceed six months from its date, during
the completion of any addition or during partial occupancy of the
premises. If the completion of an occupancy certificate is denied,
the Zoning Administrator shall notify the applicant in writing within
10 working days after he has been notified in writing that the premises
are ready for occupancy, stating the reasons why a certificate cannot
be issued.
B.
No occupancy certificate for a change of use in an existing structure
or land improvement shall be issued until the premises have been inspected
and certified by the Zoning Administrator to be in compliance with
applicable requirements for the zoning district in which it is located.
C.
A record of occupancy certificates shall be kept on file in the office
of the Zoning Administrator and copies shall be furnished, on request,
to any person having proprietary or tenancy interest in the land or
structure affected. There shall be no charge for the original occupancy
certificate, but there shall be a charge as set from time to time
by the County Board for each additional copy.[1]
Whenever there is found a violation of the terms of this chapter,
the Zoning Administrator shall at once issue written notice to the
owner and any other responsible party, specifying the nature of the
violation and citing the provisions of this chapter which are violated,
and said owner and any other party shall at once take appropriate
steps to correct said violation. In case of failure by the owner or
other responsible party to correct the violation within a reasonable
time, the Zoning Administrator shall initiate action or proceedings
as shall secure compliance with the applicable provision of this chapter.
When compliance is so secured, the Zoning Administrator shall issue
an occupancy certificate certifying such compliance.
A.
Establishment. The Zoning Board of Appeals of Stephenson County is
hereby created in accordance with the Illinois Statutes.
B.
Membership and term of office. The Chairman of the County Board shall
appoint a Zoning Board of Appeals consisting of five full-time members
and two alternate members, which shall be confirmed by a majority
vote of the members of the County Board present and voting thereon.
The members appointed shall serve respectively for the following terms:
one for one year, one for two years, one for three years, one for
four years, and one for five years; the successor to each member so
appointed to serve for a term of five years. The alternate members
to serve the following terms, one for four years and one for five
years. The first member so appointed to the five-member Board shall
be named as Chairman at the time of his appointment, and the second
member so appointed shall be named the Vice Chairman; and in case
of vacancy, the Chairman of the County Board shall designate a Chairman,
which shall be confirmed by a majority vote of the County Board present
and voting thereon. The Chairperson, with the advice and consent of
the County Board, shall have the power to remove any member of the
Zoning Board of Appeals for cause, after public hearing. Vacancies
on the Zoning Board of Appeals shall be filled, for the unexpired
term of the member whose place has become vacant, in the manner herein
provided for the appointment of such a new member.
[Amended 12-15-2004 by Ord. No. 04-12-1084; 8-10-2011 by Res. No.
11-08-1821]
C.
Jurisdiction. The Zoning Board of Appeals is hereby vested with the
following jurisdiction and authority:
(1)
To hear all applications for amendments, conditional uses and variations
to this chapter and report said findings and recommendations to the
County Board.
[Amended 8-9-1983]
(2)
To hear and decide on appeals from a decision of the Zoning Administrator
under this chapter.
(3)
To hear and decide upon all matters referred to it upon which it
is required to pass under this chapter.
D.
Meetings and rules. Meetings of the Zoning Board of Appeals shall
be held at the call of the Chairman and at such times and places within
the County as the Board may determine. The Chairman, or in his absence
the Acting Chairman, may administer oaths and compel the attendance
of witnesses. Meetings of the Zoning Board of Appeals shall be open
to the public. The Zoning Administrator shall keep minutes of the
proceedings, showing the vote of each member upon each question or,
if absent or failing to vote, indicating such facts and shall keep
records of examinations and other official actions. Every rule, regulation,
amendment or repeal thereof, and every order, requirement, decision
or determination of the Zoning Board of Appeals shall immediately
be filed in the office of the Zoning Board of Appeals and shall be
a public record. In the performance of its duties, the Zoning Board
of Appeals may incur such expenditures as shall be authorized by the
County Board.
[Amended 8-10-2011 by Res. No. 11-08-1821]
A.
Purpose. The Zoning Board of Appeals shall determine and vary the
regulations of this chapter in harmony with their general purpose
and intent, only in the specific instances hereinafter set forth,
where the Zoning Board of Appeals makes a finding of fact based upon
the standards hereinafter prescribed that there are practical difficulties
or particular hardships in the way of carrying out the strict letter
of the regulations of this chapter.
B.
Application for variation. Application for a variation shall be filed
with the office of the Zoning Administrator. Such application shall
be upon such form and accompanied by such information as may be required
from time to time by the Zoning Administrator and the Zoning Board
of Appeals. Upon receipt of an application for a variation, the Zoning
Administrator shall forward a copy of same to the Planning and Development
Committee of the County Board and a copy to the Zoning Board of Appeals.
[Amended 8-10-2011 by Res. No. 11-08-1821; 9-15-2016 by Ord. No. 16-09-1458]
C.
Approval standards.
[Amended 9-15-2016 by Ord. No. 16-09-1458]
(1)
The Zoning Board of Appeals shall not vary the regulations of this
chapter, unless it shall make findings based upon the evidence presented
to it in each specific case that:
(a)
The granting of the variation will not be materially detrimental
to the public welfare or injurious to other property or improvements
in the neighborhood in which the property is located;
(b)
The variation, if granted, will not drastically alter the essential
character of the locality;
(c)
The proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
congestion in the public streets, or increase the danger of fire,
or endanger the public safety, or substantially diminish or impair
property values within the neighborhood;
(d)
The granting of the variation will not be detrimental to the
public health, safety, comfort, morals and welfare, or injurious to
other property or improvements in the neighborhood in which the property
is located, or otherwise be inconsistent with any officially adopted
County plan or these regulations; and
(e)
That aforementioned circumstances or conditions are such that
the strict application of the provisions of this section would deprive
the applicant of reasonable use of his or her land. Mere loss of value
shall not justify a variance.
D.
Authorized variations.
[Amended 7-10-1973; 5-14-1974; 9-15-2016 by Ord. No. 16-09-1458]
(1)
Variation from the regulations of this chapter shall be granted by
the Zoning Board of Appeals only in accordance with the standards
as set forth in this section and may be granted in the following instances.
(a)
To permit setback or yard less than the setback or yard required
by this chapter.
(b)
To permit any building or structure to exceed the height limitations
imposed by this chapter, but not more than 30% of the allowable height
in a residential district.
(c)
To permit the use of a lot for use otherwise prohibited solely
because of insufficient area of the lot, but in no event shall the
area of the lot be less than 80% of the required lot area.
(d)
To permit the same off-street parking facility to qualify as
required facilities for two or more uses, provided the substantial
use of such facility by each user does not take place at approximately
the same hours of the same days of the week.
(e)
To reduce the applicable off-street parking by not more than
one parking space or 20% of the number of spaces required, whichever
number is greater.
(f)
To increase by not more than 25% the maximum distance that required
parking spaces may be located from the use served.
(2)
Exceptionally unique circumstances, as determined by the Planning
and Development Committee upon the recommendation of the Zoning Administrator,
that would involve instances other than or more extreme than allowed
above, may be considered as a variation from the regulations of this
chapter.
E.
Decisions.
(1)
A concurring vote of three members of the Zoning Board of Appeals
shall be necessary to approve a variation.
[Amended 9-10-1974; 8-10-2011 by Res. No.
11-08-1821]
(2)
No order of the Zoning Board of Appeals granting a variation shall
be valid for a period longer than six months from the date of such
order unless the building or other required permit is obtained within
such period and the erection or alteration of a building, structure,
or land improvement is started or the use is commenced within such
period.
An appeal to the Zoning Board of Appeals may be made by any
person, firm, or corporation or by any office, department, board,
or bureau aggrieved by a decision of the Zoning Administrator under
this chapter in accordance with Illinois Statutes and the following:
A.
An application for an appeal shall be filed with the County Clerk
within 20 days of the date of the action from which the appeal is
being filed, and thereafter the County Clerk shall forward such application
to the Zoning Board of Appeals for processing. The County Clerk shall
forward to the Zoning Administrator a notice of appeal specifying
the grounds thereof, and he shall forthwith transmit to the Zoning
Board of Appeals all the papers constituting the record upon which
the action appealed from was taken.
B.
An appeal stays all the proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certifies
to the Zoning Board of Appeals, after the notice of appeal has been
filed with him, that by reason of facts stated in the certificate
a stay would, in his opinion, cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Zoning Board of Appeals
or by a court of record on application, on notice to the officer from
whom the appeal is taken and on due cause shown.
C.
The Zoning Board of Appeals shall fix a reasonable time, not to exceed
90 days, for the hearing of the appeal and give due notice thereof
to the parties and decide the same within a reasonable time. Upon
the hearing, any party may appear in person or by agent or attorney.
The Zoning Board of Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, or determination as
in its opinion ought to be done or made on the premises, and to that
end shall have all the powers of the officer from whom the appeal
was taken.
A.
Authority. The regulations imposed and the districts created under
the authority of this chapter may be amended, from time to time, by
ordinance in accordance with applicable Illinois Statutes.[1] An amendment shall be granted or denied by the County
Board only after a public hearing before the Zoning Board of Appeals,
and after a report of its findings and recommendations has thereafter
been submitted to the County Board.
[Amended 8-10-2011 by Res. No. 11-08-1821]
[1]
Editor's Note: See 55 ILCS 5/5-12014.
B.
Initiation of amendments. Amendments may be proposed by the County
Board, the Zoning Board of Appeals, and by any person, firm, or corporation
having a possessory interest entitled to exclusive possession, a contractual
interest, an option to purchase, or any exclusive possessory interest
which is specifically enforceable on the land which is described in
the application for an amendment.
[Amended 8-10-2011 by Res. No. 11-08-1821]
C.
Processing.
(1)
An application for an amendment shall be filed with the Zoning Administrator
and a copy forwarded to the County Clerk.
[Amended 4-13-1976; 8-9-1983]
(2)
A copy of such application shall thereafter be forwarded by the County
Clerk to the Zoning Board of Appeals with a request to hold a public
hearing and submit to the County Board a report of its findings and
recommendations.
[Amended 8-10-2011 by Res. No. 11-08-1821]
(3)
At the time an application for an amendment is filed, the applicant
shall submit the names and addresses of all property owners, as taken
from the latest adopted tax rolls, who are adjacent and contiguous
to the lot of record of which all, or a portion, is subject to the
map amendment application.
[Amended 5-14-1974; 11-10-1992 by Ord. No. 92-11-183]
D.
Decisions.
(1)
The County Board, upon report of the Zoning Board of Appeals and
without further public hearing, may grant or deny any proposed amendment,
or may refer it back to the Zoning Board of Appeals for further consideration.
[Amended 8-10-2011 by Res. No. 11-08-1821]
(2)
Protests.
[Amended 5-14-1974; 11-10-1992 by Ord. No. 92-11-187; 9-8-1997 by Ord. No.
97-09-225]
(a)
In case of written protest against any proposed map amendment
that is signed by the owner or owners of at least 20% of the perimeter
of the lot of record to be altered, and said protest is filed with
the County Clerk prior to the public hearing of the Zoning Board of
Appeals, the map amendment cannot be passed except on the favorable
vote of 3/4 of all members of the County Board.
(b)
In case of written protest against any proposed text amendment
that is signed by 5% of the landowners of the County, such amendment
shall not be passed except by the favorable vote of 3/4 of all members
of the County Board.
(3)
For a period not longer than one year, an order of the County Board
granting an amendment of zoning classification shall be considered
valid. If by that time a building permit or other required permits
are not obtained or within such period the erection or alteration
of a building, structure or land improvement has not started or use
commenced, the County Board, the Zoning Board of Appeals, and any
person, firm, or corporation having a possessory interest may initiate
an amendment to reclassify the zoning district to its previous zoning
district classification.
[Added 8-9-1983; amended 11-10-1992 by Ord. No. 92-11-187; 8-10-2011 by Res. No. 11-08-1821]
[Amended 5-14-1974; 4-13-1976; 8-9-1983; 11-10-1992 by Ord. No. 92-11-184; 2-10-1998 by Ord. No.
98-02-230; 4-9-2003 by Res. No. 03-25-273; 12-14-2005 by Ord. No.
05-12-1194]
A.
Purpose. The development and execution of this chapter is based upon
the division of the County into districts, within which the uses of
land and structures and the bulk and location of structures in relation
to the land are substantially uniform. It is recognized, however,
that there are special uses which, because of their unique characteristics,
can not be properly classified in any particular district without
consideration, in each case, of the impact of those uses upon neighboring
land and of the public need for the particular use of this particular
location. Such uses, hereby designated as special uses, fall into
three categories:
(1)
Uses either governmentally owned and operated or operated by regulated
public utilities or traditionally affected by a public interest; and
(2)
Uses entirely private in character but of such a nature that their
operation may give rise to unique problems with respect to their impact
upon neighboring property or public facilities.
(3)
Uses, either public or private, that because of past or present conditions
need special consideration.
B.
Delegation of power. The County Board is hereby authorized to decide
whether special use permits shall be granted subject to the general
and specific standards contained in the chapter; to grant special
use permits with such conditions or restrictions as are appropriate
to protect the public interest and to secure compliance with these
regulations; and to deny requests which fail to satisfy the standards
and requirements contained herein and which are not in harmony with
the purposes and interest of these regulations and the health, safety,
and welfare of the community. The County Board shall not act on a
special use permit application until after a public hearing has been
held by the Zoning Board of Appeals. In no event shall a special use
permit be granted where the proposed use is not authorized by the
terms of these regulations, or where the standards of this section
are not found to exist.
C.
Conditions and guarantees. Prior to the granting of any special use
permit, the Zoning Board of Appeals may recommend and the County Board
may stipulate such conditions and restrictions upon the establishment
location, construction, maintenance and operation to the special use
permit as is deemed necessary for the protection of the public interest
and to secure compliance with the standards and conditions contained
herein. In all cases in which a special use permit is granted, the
Zoning Board of Appeals may recommend or the County Board may require
such evidence and guarantees as may be deemed necessary to ensure
that the conditions stipulated are being, and will be, fully complied
with.
D.
Procedures for special uses.
(1)
Application. A written application for a general special use permit
shall be filed with the Director of Building and Zoning on forms prescribed
by the Director of Building and Zoning. Each general special use permit
application shall be accompanied by an area map and site plan of the
subject property.
(2)
Fees. Each application for a general special use permit shall be
subject to a filing fee as established by the County Board and the
actual cost of publishing the public hearing notice, certified mailing,
security, and administrative review.
(3)
Site plan. All applicants for a special use permit shall submit with
their application a copy of a development plan for the property which
shall include the following if applicable:
(b)
Location map showing development and zoning of adjacent property
within 100 feet.
(c)
A short legal description of the boundaries of said development
area.
[Amended 10-15-2005 by Ord. No. 08-10-1599]
(d)
Names and addresses of all property owners as taken from the
latest adopted tax rolls, whose property is adjacent and contiguous
to the lot of record of which all or a portion of is subject to the
special use application.
E.
Hearing. Upon receipt of the formal application and all accompanying
material, the Director of Building and Zoning shall call a public
hearing for the next scheduled meeting of the Zoning Board of Appeals;
provided, however, that notice must be published in a newspaper of
general circulation not more than 30 days and not less than 15 days
prior to the date set for hearing.
F.
Recommendation. The Zoning Board of Appeals shall submit a written
report and recommendation to the County Board within 30 days after
the close of the public hearing. The concurring vote of at least three
members of the Zoning Board of Appeals shall be necessary in order
to recommend approval to the County Board of a special use permit
application.
G.
Findings. In making a recommendation to the County Board, the Zoning
Board of Appeals shall specify the particular grounds relied upon
and their relation to the proposed use and shall make affirmative
findings that the proposed use conforms to the general standards set
forth in this section. In no case shall a special use permit be granted
if the proposed use will constitute a nuisance or a public health
or safety hazard to adjacent properties or to the community.
H.
Action by County Board. The County Board shall consider the Zoning
Board of Appeal's recommendation at the next regularly scheduled County
Board meeting for which the agenda item can be docketed. The County
Board, upon receiving the written report and recommendation of the
Zoning Board of Appeals, may, by majority vote, grant or deny any
proposed special use permit or may refer it back to the Zoning Board
of Appeals for further consideration. If said application for a proposed
special use permit is not acted upon finally by the County Board within
120 days of the date upon which such application is received by the
County Board, it shall be deemed to have been denied unless an extension
is authorized by the County Board.
I.
Additional conditions for special uses. In granting a special use,
the County may impose such conditions, safeguards and restrictions
upon the premises to reduce or minimize any potential injurious effect
of such special uses upon other property in the neighborhood, and
to carry out the general purpose and intent of these regulations.
J.
Time limit.
(1)
Sunset. Unless for good cause shown, a special use permit shall expire,
upon public hearing, unless a construction permit is taken within
24 months after approval of the County Board to effectuate such specially
permitted use; or if no construction permit is required, evidence
of use is filed with the Director of Building and Zoning.
[Amended 10-15-2005 by Ord. No. 08-10-1599]
(2)
Abandonment. Once a specially permitted use ceases or is abandoned
for a period of more than 12 months, the special use permit shall
expire upon public hearing and approval by the County Board; except
that the special use permit for an auto salvage yard shall automatically
expire if the state license for operating the auto salvage yard lapses
for a period of time more than six months.
(3)
Upon a public hearing, a special use permit may be revoked by the
County Board:
(a)
For a violation of the codes and ordinances of Stephenson County
including, but not limited to, the Zoning Ordinance;
(b)
For a violation of the district regulations;
(c)
For a violation of noncompliance with the conditions, limitations
or requirements contained in the special use permit or these regulations.
K.
Effect of denial of a special use permit. No application for a special
use permit which has been denied wholly or in part by the County Board
shall be resubmitted for a period of one year from the date of said
order of denial, except on the grounds of new evidence of proof of
change of conditions found to be valid by the Director of Building
and Zoning.
L.
Standards for issuance of special use permits; generally. Before
any permit shall be granted, the Zoning Board of Appeals shall make
written findings certifying that adequate provision has been made
for the following:
(1)
The proposed special use will not be detrimental to or endanger the
health, safety, morals, comfort, or welfare of the public.
(2)
The proposed special use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for purposes already permitted
or substantially diminish property values for permitted uses in the
immediate area.
(3)
The proposed special use will not impede the orderly development
of the surrounding property for uses permitted in the district.
(4)
Adequate utilities, access roads, drainage and/or other necessary
facilities have been or will be provided.
(5)
Adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public
streets.
(6)
The establishment, maintenance and operation of the special use will
be in conformance with the preamble to the regulations of the district
in which the special use is proposed to be located.
(7)
The proposed special use, in all other respects, conforms to the
applicable regulations of the district in which it is located.
[1]
Editor's Note: The Table of Conditional Uses in included at
the end of this chapter.
A.
Purpose. Planned developments are intended to encourage the most
imaginative and best possible design of building forms and site planning
for tracts of land where unitary plans would best adapt to topographic
and other natural features of such sites. Under this procedure, well-planned
residential, industrial, commercial and other types of land use, individually
or in combination, may be developed with complete design flexibility.
Planned developments must be environmentally compatible. They should
have a more beneficial effect upon the health, safety, and general
welfare of the people of the County and, particularly, in the immediate
surroundings than would developments built in conformity with standard
district regulations. Sites of planned developments shall be of sufficient
size to accommodate self-contained developments and to create their
own character. Planned developments are of such substantially different
character from other conditional uses that the following additional
standards are established to guard against their use solely as a means
of intensifying the use of land.
B.
Zoning Map. Approved planned developments shall be delineated and
designated by number on the Zoning District Map. A file, available
for inspection by the public, shall be maintained by the Zoning Administrator
for each planned development so designated. The file shall contain
a record of the approved development plan and all exceptions authorized
therein.
C.
Procedure.
(1)
Preapplication conference. Prior to official submittal of an application
for consideration of a planned development, the petitioner shall meet
with the County Planning Commission, or duly designated officer thereof,
for a preliminary conference as to the scope and nature of the proposed
development.
(2)
Application approval and appeal.
[Amended 8-10-2011 by Res. No. 11-08-1821]
(a)
Following the preliminary conference with the County Planning
Commission, or its designee, formal application shall be made by the
owner, or his agent, to the Zoning Administrator, who shall forward
the application to the County Board for its consideration pursuant
to the provisions of this chapter. The Zoning Administrator shall
transmit copies of such application and development plans to the County
Planning Commission for report and recommendation. The County Planning
Commission may approve or disapprove the plans submitted or may grant
conditional approval, or may require that the plans be modified, altered,
adjusted, or amended by the applicant prior to approval. In making
its recommendation, the County Planning Commission shall be guided
and give consideration to whether:
[1]
The plans for the development are in general conformance with
all elements of the Comprehensive Plan for the County and the needs
for the particular neighborhood.
[2]
The proposed development, when complete, will have a character
of sustained desirability and stability; that it will be in harmony
with its surroundings; and that it will not cause undue congestion
in local streets or thoroughfares.
[3]
The nature of the proposed development, the extent, location
or physical characteristics of the site, or other special circumstances
warrant exceptions to the regulations and requirements ordinarily
applicable under this chapter.
(b)
Further, the County Planning Commission shall forward its report
and recommendation in writing, together with the reasons therefor,
to the applicant, the Zoning Administrator, and the County Board,
within 30 working days after the application has been filed with the
County Clerk. In the event that the County Planning Commission shall
fail to so act on said application within that time, the development
plan shall be deemed to have been approved by the County Planning
Commission; provided, however, that the applicant may waive this time
limit and consent to an extension of such period, in which event he
shall give written notice of the waiver to the Zoning Administrator,
with a copy addressed and forwarded to the County Board.
(c)
Upon receipt of a recommendation of approval from the County
Planning Commission, the County Board may authorize approval of the
development in accordance with the procedures set forth for other
conditional uses. Such authorization by the County Board shall be
in the form of a written order, with copies to the County Planning
Commission and the Zoning Administrator. The application as authorized
by the County Board constitutes a binding agreement by the developer
that he will proceed with the development in strict accordance with
the approved plan.
(d)
Modifications of the plan, authorized by the County Board, shall
not be made unless they are processed as a new application under these
provisions, except that the County Planning Commission may approve,
upon written request, minor modifications of design features. However,
in no event shall this be interpreted to include any change or increase
in the applicable density or bulk regulations. Any such authorization
by the County Planning Commission for minor modifications shall be
reported in written form to the Zoning Administrator and the County
Board. An extension or minor modification in the time schedule may
be made by the Zoning Administrator upon a showing of reasonable cause
by the developer. Such authorizations shall be reported in written
form to the County Planning Commission and to the County Board.
(e)
Failure to comply with the conditions and regulations as herein
established and as specifically made applicable to a specific project
shall be cause for termination of the approval of said project. At
least 10 working days' notice shall be given by the Zoning Administrator
to the developer to appear before him and answer any such charge of
noncompliance. If the Zoning Administrator finds the charges substantiated,
he may recommend or order, subject to the right of appeal to the County
Board, the termination of the project approval, unless the situation
is satisfactorily adjusted within a specified period of time, and
he may take such other action as he deems appropriate.
D.
General standards.
(1)
Comprehensive Plan. All plans, designs or proposals for a planned
development shall be in general conformance with all elements of the
Comprehensive Plan.
(2)
Use regulations. Uses which may be allowed under this section which
would not otherwise be allowed within the district in which they are
located shall be necessary or desirable and appropriate with respect
to the primary purpose of the development, and not of such a nature,
or so located, as to exercise a detrimental influence on adjacent
properties.
(3)
Bulk regulations. Exceptions to the bulk regulations which may be
allowed under this subsection within the existing district shall be
solely for the purpose of promoting a physically integrated site plan
no less beneficial to the residents or occupants of such development,
as well as neighboring property, than would obtain under the bulk
regulations of this chapter for structures developed on individual
lots.
(4)
Development plan and specifications. The design features and standards
of planned developments shall include, as a minimum, the following:
(a)
An accurate topographic and boundary line survey of the project
area, and a location map showing its relationship to adjacent properties.
(b)
Proposed plans and related documents, as follows:
[1]
The pattern of existing and proposed public and private roads,
if any, driveways, and parking facilities, and intended design standards.
[2]
The size, arrangement, and location of lots, if any.
[3]
The use, type, size and location of structures.
[4]
Architectural drawings or sketches illustrating the design characteristics
of proposed structures.
[5]
Location, type and size of plant material.
[6]
The location of recreational and open space areas and areas
reserved or dedicated for public use such as school and park sites,
and any open space to be owned and maintained by a property owners'
association.
[7]
Existing topography and storm drainage pattern and proposed
storm drainage system showing basic topographic changes.
[8]
Statistical data acreage, number of dwelling units, by type,
total floor area for both floor area ratio computations, and other
similar data pertinent to an evaluation of the proposed development.
[9]
A draft of the documents related to a property owners' association,
protective covenants, and provision of services.
[10]
Time schedule estimates for the completion of
the development, in whole or by stages.
E.
Residential planned developments. For planned developments located
in one or more residence districts, exceptions may be made in the
regulations of such districts, as follows:
(1)
Use regulations.
(a)
In the R-1, R-2 and R-3 Districts, uses listed as permitted
uses are allowed, and single-family attached, single-family semidetached,
and multiple-family dwellings may be allowed.
(b)
Uses listed as permitted uses in the R-4 District are allowed,
and uses listed as permitted uses in the B-1 District may be allowed.
(c)
Uses listed as conditional uses in the zoning district in which
the development is located may be allowed.
(d)
In developments containing over 50 dwelling units, uses specified
as permitted and conditional uses in the B-1 Limited Retail Business
District may be allowed, provided that such uses and accessory uses
shall not occupy more than 10% of the gross floor area of the development.
(2)
Bulk regulations.
(a)
Gross density:
[1]
In the R-1 District, not more than two dwelling units per gross
acre.
[2]
In the R-2 District, not more than four dwelling units per gross
acre.
[3]
In the R-3 District, not more than six dwelling units per gross
acre.
[4]
In the R-4 District, not more than 14 dwelling units per gross
acre.
[5]
In a combination of residence districts, dwelling units may
be permitted to be located without regard to district lines, provided
the total density does not exceed the allowable densities within such
districts.
(b)
Gross density premiums. The maximum gross densities for residential
planned developments may be increased up to a maximum of 25% in accordance
with and when the development includes one or more of the following:
[1]
Is adjacent to, or across a public or permanent private way
from, a public open space which is not less than 10 acres in area,
with a depth perpendicular to a lot line of the planned development
of not less than 300 feet, not more than 10%.
[2]
For the dedication of public recreational and educational sites
recommended in the Comprehensive Plan, equal to the number of dwelling
units that would otherwise have been permitted upon lands so dedicated.
[3]
For the provision of unique design features which require unusually
high development costs and which tend to achieve an especially attractive
and stable development, as determined by the County Planning Commission.
[4]
In the R-4 District, for the provision of permanent open space
at grade, in addition to required yards, a percentage equal to two
times the percentage of the site devoted to such use.
(c)
Yards. Yard requirements may be waived, except along the perimeter
of the development.
(d)
Building height and floor area ratio. Building height requirements
of the district are applicable to the entire planned development and
not to specific uses which may be located within the planned development,
except that the qualifications for a gross density premium shall increase
the maximum floor area ratio by an equal percentage. For this purpose,
the net site area shall be used in the computation.
F.
Business planned developments. For planned developments located in
one or more business districts, exceptions may be made in the regulations
of such districts, as follows:
(1)
Use regulations. Uses listed as permitted and conditional uses in
the residential and business districts are allowed.
(2)
Bulk regulations.
(a)
Gross density:
[1]
In the B-1 District, not more than nine dwelling units per gross
acre; except that an efficiency unit shall be counted as 0.67 of a
dwelling unit, and a lodging room as 0.5 of a dwelling unit.
[2]
In the B-2 District, not more than 17 dwelling units per gross
acre; except that an efficiency unit shall be counted as 0.67 of a
dwelling unit, and a lodging room as 0.5 of a dwelling unit.
(b)
Gross density premiums. The maximum gross densities for residential
planned developments may be increased up to a maximum of 25%, in accordance
with and when the development includes one or more of the following:
[1]
Is adjacent to, or across a public or permanent private way
from, a public open space which is not less than 10 acres in area
with a depth perpendicular to a lot line of the planned development
of not less than 300 feet, not more than 10%.
[2]
For the dedication of public recreational and educational sites
recommended in the Comprehensive Plan, equal to the number of dwelling
units that would otherwise have been permitted upon lands so dedicated.
[3]
For the provision of unique design features which require unusually
high development costs and which tend to achieve an especially attractive
and stable development, as determined by the County Planning Commission.
[4]
For the provision of permanent open space at grade, in addition
to required yards, a percentage equal to two times the percentage
of the site devoted to such use.
(c)
Yards. Yard requirements may be waived, except along the exterior
boundaries of the development.
(d)
Floor area ratio. Floor area ratio requirements of the district
are applicable to the entire planned development and not to specific
uses which may be located within the planned development, except that
qualifications for a gross density premium shall increase the maximum
floor area ratio by an equal percentage. For this purpose, the net
site area shall be used in the computation.
(5)
Performance standards: in accordance with the standards of the district
in which the development is located.
G.
Industrial planned developments. For planned developments located
in one or more industrial districts, exceptions may be made in the
regulations of such districts as follows:
(1)
Use regulations: uses listed as permitted and conditional uses in
the commercial and manufacturing districts.
(2)
Bulk regulations.
(a)
Yards. Yard requirements may be waived, except along the exterior
boundaries of the development.
(b)
Floor area ratio. Floor area ratio requirements of the district
are applicable to the entire planned development and not to specific
uses which may be located within the planned development. For this
purpose, the net site area shall be used in the computation.
(5)
Performance standards: in accordance with the requirements of the
prevailing district.
H.
Special exceptions as to bulk. The County Board, after public notice
and hearing, may determine and authorize special exceptions as to
bulk from the regulations of this chapter in harmony with their purpose
and intent, only in the specific instances hereinafter set forth,
where the County Board makes findings of fact in accordance with the
standards hereinafter prescribed and, further, finds that the special
exceptions to bulk will not be contrary to the public interest.[1]
(1)
Application for special exceptions as to bulk. An application for
a special exception as to bulk shall be filed with the Zoning Administrator
on a prescribed form. The application shall be accompanied by such
plans and data as required by the Zoning Administrator and the County
Board and shall include a statement that the proposed special exception
as to bulk will conform to the standards set forth in this chapter.
The Zoning Administrator shall forward to the County Board such application
and all relevant data for those special exceptions as to bulk upon
which the County Board is required to act.
(2)
Conditions and guarantees. Prior to the granting of any special exception
as to bulk, the County Board may stipulate such conditions and restrictions
upon the establishment, location, construction, maintenance, and operation
thereof as deemed necessary to protect the value, utilization and
enjoyment of neighboring properties, and to secure compliance with
the standards and requirements specified in this section. In cases
in which a special exception as to bulk is granted, the County Board
may require such evidence and guarantees as it may deem necessary
as proof that the conditions stipulated in connection therewith are
being and will be in compliance. Failure to comply with such conditions
or restrictions imposed shall constitute a violation of this chapter.
(3)
Special exceptions as to bulk from the regulations of this chapter
shall be in accordance with the standards established in this section,
and may be granted by the County Board only in the following instances
and in no others:
(a)
To authorize the applicable minimum lot area requirements to
be reduced by not more than 10% in the R-1 through the R-4 Districts.
(b)
To authorize a yard or setback requirement to be reduced by
not more than 50% of the applicable regulations.
(c)
To authorize a floor area ratio factor to be increased by not
more than 15% of the applicable regulations.
[Added 1-10-1995 by Ord. No. 95-01-208]
The jurisdiction of the County Planning and Development Committee
with respect to zoning shall be as follows:
A.
To receive from the office of the Zoning Administrator copies of
all applications for amendments.
B.
To receive from the Zoning Administrator all applications for zoning
certificates filed for conditional uses.
C.
To initiate, direct, and review, from time to time, a study of the
provisions of the text and the map compromising this chapter, and
to make reports of its recommendations to the County Board not less
frequently than annually.
At least one year shall elapse between the date of an adverse
decision and the reapplication or repetition for a variation, amendment
or conditional use.
[Amended 8-10-2011 by Res. No. 11-08-1821]
A fee payable to the County Treasurer by certified check shall
accompany an application for an appeal, variation, amendment, conditional
use, zoning certificate or occupancy permit in amounts set from time
to time by the County Board.
