WINNEBAGO COUNTY Unified Development Ordinance Public Presentation - - PowerPoint PPT Presentation

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WINNEBAGO COUNTY Unified Development Ordinance Public Presentation - - PowerPoint PPT Presentation

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WINNEBAGO COUNTY Unified Development Ordinance Public Presentation September 10, 2014 UDO ORGANZATION ADMINISTRATION USES Article 1. Title, Purpose, & Applicability Article 15. Use Standards Article 2. Administrative Boards Committees,

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WINNEBAGO COUNTY Unified Development Ordinance

Public Presentation

September 10, 2014

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Winnebago County Unified Development Ordinance

UDO ORGANZATION

ADMINISTRATION Article 1. Title, Purpose, & Applicability Article 2. Administrative Boards Committees, & Officials Article 3. Administrative Procedures Article 4. Land Use Applications & Development Review Procedures Article 5. Subdivision Applications Article 6. Enforcement DISTRICTS Article 7. Agricultural & Open Space Article 8. Residential Article 9. Commercial Article 10. Industrial Article 11. Overlays Article 12. Critical and Sensitive Areas Article 13. Conservation Design Article 14. Traditional Neighborhood Design USES Article 15. Use Standards Article 16. Planned Unit Developments Article 17. Commercial Wind Power Generating Facilities DEVELOPMENT STANDARDS Article 18. On-Site Development Standards Article 19. Off-Site Development Standards Article 20. Landscape & Screening Article 21. Nonconformities Article 22. Signs Article 23. Off-Street Parking & Loading DEFINTIONS Article 24. Definitions

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Winnebago County Unified Development Ordinance

AGRICULTURAL & OPEN SPACE DISTRICTS

District Structure

  • AG Agricultural Priority
  • A-1 Agricultural
  • A-2 Ag-Related Business
  • OS Open Space District

Key Elements

  • AG reserved for primarily Ag-uses;

non-AG-uses included to address nonconformities

  • A-2 allows for commercial &

industrial uses that compliment AG- uses

  • Maintained: Special standards for

SF dwellings based on existing regulations

  • In AG, one SF home allowed in ¼-

¼ section with 40 acre deed restriction

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Winnebago County Unified Development Ordinance

RESIDENTIAL DISTRICTS

District Structure

  • RA Agricultural Residential
  • R-1 SF
  • R-2 SF & 2F
  • R-3 MF (40’ height)
  • R-4 MF (50’; higher density)
  • R-MH Manufactured Home

Key Elements

  • RA combines existing RA, RE, RR
  • Special standards for R-MH
  • Anti-monotony standards
  • Residential allowed where currently

zoned & for rezoning for minor subdivision (4 or less buildable lots)

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Winnebago County Unified Development Ordinance

COMMERCIAL DISTRICTS

District Structure

  • C-N Neighborhood Commercial
  • C-C Community Commercial
  • C-G General Commercial
  • OP Office Park; NEW

Key Elements

  • Difference scales of commercial
  • OP transitions between

commercial & industrial

  • Design standards

Modification for Consideration

  • C-N & C-C require infrastructure;

consider removing requirement based on existing conditions

  • Refine “infrastructure” to “public

sewer”

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Winnebago County Unified Development Ordinance

INDUSTRIAL DISTRICTS

District Structure

  • I-L Light Industrial
  • I-G General Industrial
  • I-H Heavy Industrial

Key Elements

  • Difference scales of industrial
  • 25,000sf without sewer; 10,000sf

with sewer

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Winnebago County Unified Development Ordinance

OVERLAY DISTRICTS

District Structure NEW DISTRICTS

  • FP Floodplain
  • SR Scenic Road
  • HB Highway Business

Key Elements

  • Floodplain

Restricts uses – no new residential Determined by FIRM maps

  • Scenic Road

100’ on each side of ROW IL Route 2 (Meridian to Highway 3/S. Main) Standards to maintain rural character

  • Highway Business

Combines C-G & I-L use permissions Baxter & Rotary Roads

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Winnebago County Unified Development Ordinance

CRITICAL AND SENSITIVE AREAS

Environmental Overlay NEW

  • Protect natural resources
  • Tied to the Natural Resources Inventory on Future Land Use Map
  • Natural Resources Management Plan required
  • Applicable to subdivisions & land disturbance activities
  • Riparian buffers apply – three zones
  • Wildlife & wetland buffers
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Winnebago County Unified Development Ordinance

CONSERVATION DESIGN

New Development with Environmental Protections

  • Three levels: low, medium, high
  • Minimum of 40 acres & minimum common open space of 40%
  • 100’ buffer yard along perimeter
  • Residential clusters: 30 du max., 100’ apart
  • Preserve existing natural resources
  • Concept Plan required before rezoning

CD-L CD-M CD-H No Sewer Sewer No Sewer Sewer Sewer

  • Min. Lot Area

30,000sf 15,000sf 25,000sf 6,000sf 3,000sf

  • Max. Density

1.5du/ac 1.5du/ac 1.75du/ac 7du/ac 10du/ac

Uses

R-1 Uses R-1 Uses R-2 Uses R-2 Uses R-3 Uses

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Winnebago County Unified Development Ordinance

TRADITIONAL NEIGHBORHOOD DESIGN

NEW Comprehensive Neighborhood Development

  • Mixed-use, compact development
  • Encouraged contiguous to municipality & designated on land use

map – must be minimum of 20 acres

  • Four Sub-Districts: Neighborhood Center, Mixed Residential,

Neighborhood Edge, Employment Center

  • Min. & max. allocations of sub-districts & uses within sub-districts
  • Requirements for open space
  • Design standards for all use types
  • Specific street classifications
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Winnebago County Unified Development Ordinance

USE STRUCTURE

Generic Use Approach

  • Eliminated specific use approach
  • Uses tailored to each district

Organization 1. District Use Matrices 2. Principal Use Standards 3. Use Definitions New Uses

  • Medical Cannabis Cultivation &

Dispensing

  • Solar Farm
  • Wind Power (current regulations)

Retail Goods Establishment Retail Goods Establishment Clothing Store Clothing Store Book Store Book Store Record Store Record Store Convenience Store Convenience Store

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Winnebago County Unified Development Ordinance

PLANNED UNIT DEVELOPMENT APPROVAL

PUD Process Updated

  • Special use within district tables
  • NOT a substitute for former PCD (eliminated)
  • NOT ALLOWED within AG, CD, or TND Districts
  • Pre-application review with staff
  • Optional concept plan with P&Z Officer
  • Preliminary Plan: ZBA public hearing, County Bd final

approval

  • Final Plan: P&Z Officer review for conformance & approval
  • Allow district exemptions with provision of public

benefits/amenities – examples listed of potential benefits

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Winnebago County Unified Development Ordinance

ON-SITE DEVELOPMENT STANDARDS

Organization

1. General Requirements 2. Accessory Structures & Uses 3. Permitted Encroachments 4. Temporary Uses

General Requirements

  • Number of Structures on a Lot: In Ag Districts, RA, R-1, & R-2 - no more

than one principal building per lot

  • All Activities within an Enclosed Structure: Exceptions listed
  • Frontage Required on a Public or Private Street for subdivision: Alley or

limited access highway does not meet requirement

  • Applicability of Bulk Requirements & Use Restrictions
  • Sight Triangle: Structures limited to 3’
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Winnebago County Unified Development Ordinance

SITE DEVELOPMENT STANDARDS

Accessory Structures & Uses/Permitted Encroachments

  • Placement restrictions on yards
  • Must be 2.5’ from a lot line & max. of 20’ in height unless otherwise

permitted

  • Accessory structure coverage limited to 40% of rear yard
  • New accessory structures: apiaries, chicken coops, exterior lighting,

satellite dishes, solar panels, private wind turbines

  • Current standards refined: fences, garages, home occupations
  • Permitted encroachment table – allowances for encroachment into

required yards

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Winnebago County Unified Development Ordinance

SITE DEVELOPMENT STANDARDS

Temporary Uses Temporary use permit, when required, issued by P&Z Officer

  • Temporary outdoor festivals
  • Outdoor seasonal sales lots & events
  • Outdoor flea markets
  • Farmers markets, farmstands
  • Temporary retail stands
  • Temporary car sales
  • Temporary storage containers (PODs)
  • Garage sales, arts & crafts sales
  • Contractor trailers, real estate model units, construction dumpsters
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Winnebago County Unified Development Ordinance

SUBDIVISION STANDARDS

Article 19. Off-Site Development Standards

  • Required conformance with plans
  • Lots meet the district requirements
  • Maintained controls on division based on soil quality
  • Street & sidewalk construction
  • Sidewalk requirements for residential lots less than 25,000sf
  • Stormwater drainage
  • Sewer & water connection required within 1.5 miles of municipality

(some districts require connection; no variation allowed)

  • Utilities
  • Schools & parks:
  • Park land/cash dedication (new; required per request of

Rockford Park District)

  • Educational facilities impact fee
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Winnebago County Unified Development Ordinance

LANDSCAPE REQUIREMENTS

NEW Basic Design Requirements

  • Landscape plan required
  • Planting sizes
  • Species diversity
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Winnebago County Unified Development Ordinance

LANDSCAPE REQUIREMENTS

Parking Lot Perimeter

  • Where a parking lot abuts public right-of-way
  • 5’ planting area
  • One shrub every 3’ & one shade tree every 50’ of frontage
  • 4’ open fence allowed
  • Alternatively, a low pedestrian wall

Parking Lot Interior

  • Parking lots with 15 or more spaces
  • One parking lot island every 15 parking spaces
  • Minimum total landscape, including parking lot

islands: 10% of total parking lot area

  • One shade tree for every parking lot island or

landscape area

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Winnebago County Unified Development Ordinance

LANDSCAPE REQUIREMENTS

Buffer Yard

  • When a non-residential parking lot abuts a residential

use or district

  • Minimum 10’ in width
  • One shrub for every 3’ & one shade tree every 25’
  • 5’ solid fence or wall

Screening Requirements

  • Dumpsters & refuse storage areas
  • Loading berths
  • Outdoor storage
  • Outdoor sales & display
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Winnebago County Unified Development Ordinance

LANDSCAPE REQUIREMENTS

Tree Preservation

  • Existing trees credited toward landscape requirement
  • Tree dies within 3 years of construction, must be replaced
  • Planting requirements for tree health

Stormwater Management

  • Specific stormwater techniques described
  • If two or more are utilized, 10% lot coverage bonus awarded
  • Techniques may be required for CSA or CD as part of site plan

review

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Winnebago County Unified Development Ordinance

SIGN REGULATIONS

Signs Types

  • Prohibited signs
  • Exempt signs (permanent & temporary)
  • Temporary signs - permit required NEW
  • Permanent signs – permit required

General Requirements

  • Permitted locations
  • How to calculate dimensions
  • General construction standards
  • Items of information limitation
  • Master sign plan required
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Winnebago County Unified Development Ordinance

SIGN REGULATIONS

Major sign types addressed

  • A-frame signs: exempt from permits
  • Billboards: allowed only in Ag Districts, C-C, C-G, OP, & Industrial

Districts within 660’ of expressway or highway; special use for electronic billboards in CC & OP

  • Awnings & canopies
  • Electronic message: commercial, industrial, & office park as part of

wall or freestanding; in Ag Districts if institutional use

  • Freestanding: Pole & monument NEW; area & height permissions

by district; larger monument sign or smaller pole sign

  • Projecting: Size & permissions by district
  • Wall: proportional controls
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Winnebago County Unified Development Ordinance

OFF-STREET PARKING

General Requirements

  • Full design standards – surfacing, striping, curb stops, etc.
  • SF & 2F residential spaces on same lot; other residential may be

within 450’; non-residential within 1,000’

  • Driveways

SF & 2F driveways the width of the garage; one curb cut for up to 60’ lot width, 2 curb cuts for over 60’ lot width, SF & 2F permitted a parking pad MF & non-residential driveways up to 24’ Stacking space design standards for drive-thrus

  • No loading spaces facing I-90, I-39, & US Route 20

Required Off-Street Parking & Loading Spaces

  • Number of required spaces tied to uses
  • Revised standards
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Winnebago County Unified Development Ordinance

OFF-STREET PARKING

Shared Parking Permission

  • Mixed-use developments, multi-use office parks, and similar
  • Based on how the lot is used (table calculation)

Land-Banked Parking Permission

  • Non-residential uses
  • Land-bank up to 25% of required parking spaces
  • P&Z Officer authorized to require the conversion
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Winnebago County Unified Development Ordinance

OFF-STREET PARKING

Commercial Vehicles In Residential Districts Maintained - Only passenger sized vehicles allowed (may have logo) Recreational Vehicles In Residential Districts

  • Allowed in driveway of front yard, interior side yard, or rear yard if

3’ from a lot line

  • In Residential Districts - only 2 trailers outdoors, must be 22’ in

length or less

  • Temporary storage tents are not considered a permanent structure
  • Must be in mobile condition
  • All racecars must be in a permanent structure

Outdoor storage of derelict, junked, abandoned, unlicensed vehicles prohibited

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Winnebago County Unified Development Ordinance

Specifically address the variety of nonconforming situations 1. Nonconforming use 2. Nonconforming lot 3. Nonconforming structure 4. Nonconforming sign Nonconforming use Cannot re-establish if change or use or abandoned for 6 months Nonconforming structures 50% or more damage, cannot continue Special one year exemption for structures in the FP

NONCONFORMITY REGULATIONS

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Winnebago County Unified Development Ordinance

UDO ADMINISTRATION

  • The Unified Development Ordinance (“UDO”) supersedes,

repeals and replaces the provisions of the existing Winnebago County Zoning Ordinance, Chapter 90 and the existing Winnebago County Subdivision Ordinance, Chapter 74.

  • In the event of any conflicting provisions between the UDO

and existing State or Federal law, the more restrictive provision will apply (as permitted by law).

  • The regulations of the UDO are to be effective as of the date

the UDO is adopted and approved by the Winnebago County Board.

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Winnebago County Unified Development Ordinance

UDO ADMINISTRATION – TRANSITION RULES

  • Pending Zoning Applications

– May be reviewed under the terms of the original zoning ordinance or the UDO – at the applicant’s discretion – Once the applicant selects which ordinance will govern, the decision is final

  • Pending Special Use Permit and Variance Applications

– May be reviewed under the terms of the original zoning ordinance or the UDO – at the applicant’s discretion – Once the applicant selects which ordinance will govern, the decision is final

  • Final Zoning Clearance Issued prior to Effective Date

– The project may be completed in conformance with the issued zoning clearance and any other permits or conditions, even if the development does not comply with the provisions of the UDO – Unless the applicant fails to commence and pursue construction as stated in any granted permit; in which case the existing permit would expire any future applications will be governed by the UDO

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Winnebago County Unified Development Ordinance

  • Existing Special Use Permits, Planned Unit Developments, Vested

Rights, Subdivision Plans, Site Plan Approvals, Sign Permits and Variances granted prior to the UDO’s effective date

– Remain in full force and effect – Governed by the terms and conditions of the ordinance in effect at the time it was granted – EXCEPT any future change in use must comply with the UDO

  • Existing violations of Chapter 90 or Chapter 74

– Will continue to be a violation unless the use, development, construction or other activity is no longer a violation under the provisions of the UDO – Amendment does not affect any pending or future prosecution of violations occurring before the Effective Date of the UDO – Payment will still be required for any civil penalty assessed under the prior Ordinances, even if the original violation is no longer prohibited under the UDO

  • Legal Non-Conformities

– Existing legal non-conformities under the existing Ordinances will continue to be legal non-conformities, except if the provisions of the UDO make such use conforming

UDO ADMINISTRATION – TRANSITION RULES

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Winnebago County Unified Development Ordinance

UDO ADMINISTRATION – BOARDS/COMMITTEES/OFFICIALS

  • Defines the various bodies and officers charged with the

administration and enforcement of the UDO:

– County Board: Has the ultimate decision-making authority over all application made under the UDO, except variations – Zoning Committee: Reviews applications made under the UDO and makes recommendations to the Board as to approvals, denials, or approvals with conditions - advisory only with exception of preliminary plats (formerly staff duty) – Zoning Board of Appeals: Holds public hearings on applications made under the UDO; approves or denies such applications pursuant to state law - advisory with exception of variations – Hearing Officer: Hears appeals of decisions by the Planning and Zoning officer and hears and decides applications for zoning variations from bulk regulations and other dimensional requirements imposed by the UDO if the County Board decides in the future to exercise this option

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Winnebago County Unified Development Ordinance

UDO ADMINISTRATION – BOARDS/COMMITTEES/OFFICIALS

  • Defines the various bodies and officers charged with the

administration and enforcement of the UDO:

– Planning and Zoning Officer: Administers and enforces the provisions of the UDO; reviews and processes final development plans for planned unit developments, and reviews and approves plats of survey – County Building Official: Oversees plan review, permit issuance, building code enforcement and supervises inspectors and general public relations – Plat Officer: Reviews and processes all preliminary and final plats of subdivision – County Engineer: Reviews subdivision plans concerning street and drainage design standards and engineering specifications

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Winnebago County Unified Development Ordinance

UDO ADMINISTRATION - PROCEDURES

Article 3 – ‘ADMINISTRATIVE PROCEDURES’:

  • Establishes rules for filing applications under the UDO
  • Sets general requirements applicable to all notices required to

be given under the UDO

– Publication Requirements – Notification of Adjacent Neighbors and other Interested Parties – Posting of Notices

  • Sets general requirements applicable to all public hearings to be held for

special use permits, variances, text or map amendments

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Winnebago County Unified Development Ordinance

Article 4 – ‘LAND USE APPLICATIONS AND DEVELOPMENT REVIEW PROCEDURES’ sets the requirements of public hearings, applications, fees, revocations, etc. for the following applications:

  • Text Amendments
  • Variances
  • Special Use Permits
  • Site Plan Review
  • Zoning Interpretations
  • Zoning Appeals
  • Zoning Permits

The requirements are based in state law and do not differ substantially from the existing ordinances regulating these applications.

UDO ADMINISTRATION – LAND USE APPLICATIONS

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Winnebago County Unified Development Ordinance

ARTICLE 5 – ‘SUBDIVISION APPLICATION’ is essentially a restatement of Chapter 74 of the existing County Code with minor revisions:

  • Preliminary plat approved by Zoning Committee (formerly approved by staff)
  • Maintained - Calls for a Plan Review Fee Schedule to be adopted by the

County Board, which may be amended from time to time without amending the UDO

UDO ADMINISTRATION – SUBDIVISION APPLICATIONS

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Winnebago County Unified Development Ordinance

  • Sets requirement for posting of ‘construction completion guarantee’ – via either a

certificate of deposit at a federally insured financial institution or an irrevocable letter of credit

– 120% of the cost of the improvements required to be posted

  • Clearly defines persons liable for a violation under the UDO – “owner, tenant,

architect, builder, contractor, agent or other person” who commits a violation

  • Maintained - Authorizes the revocation of permits, other than a special use permit,

as a result of violations under the UDO

UDO ADMINISTRATION – ENFORCEMENT

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Winnebago County Unified Development Ordinance

THANK YOU!! QUESTIONS? COMMENTS?