WinnCo UDO PRESENTATION

WINNEBAGO COUNTY
Unified Development Ordinance
Public Presentation
September 10, 2014
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
Winnebago County
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
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 AGuses
• Maintained: Special standards for
SF dwellings based on existing
regulations
• In AG, one SF home allowed in ¼¼ section with 40 acre deed
restriction
Winnebago County
Unified Development Ordinance
RESIDENTIAL DISTRICTS
District Structure
• RA Agricultural Residential
• R-1 SF
• R-2 SF & 2F
• R-3 MF (40’ height)
Key Elements
• R-4 MF (50’; higher density)
• RA combines existing RA, RE, RR
• R-MH Manufactured Home
• Special standards for R-MH
• Anti-monotony standards
• Residential allowed where currently
zoned & for rezoning for minor
subdivision (4 or less buildable
lots)
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
Modification for Consideration
• C-N & C-C require infrastructure;
consider removing requirement
based on existing conditions
• OP transitions between
commercial & industrial
• Design standards
• Refine “infrastructure” to “public
sewer”
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
Winnebago County
Unified Development Ordinance
OVERLAY DISTRICTS
District Structure
NEW DISTRICTS
• FP Floodplain
Key Elements
• SR Scenic Road
• Floodplain
Restricts uses – no new residential
Determined by FIRM maps
• HB Highway Business
• 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
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
Winnebago County
Unified Development Ordinance
CONSERVATION DESIGN
New Development with Environmental Protections
• Three levels: low, medium, high
CD-L
No Sewer
CD-M
Sewer
No Sewer
CD-H
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
• 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
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
Winnebago County
Unified Development Ordinance
USE STRUCTURE
Generic Use Approach
•
Eliminated specific use approach
•
Uses tailored to each district
Clothing Store
Organization
1.
2.
3.
District Use Matrices
Principal Use Standards
Use Definitions
Book Store
Retail Goods
Establishment
Record Store
New Uses
•
Medical Cannabis Cultivation &
Dispensing
•
Solar Farm
•
Wind Power (current regulations)
Winnebago County
Convenience
Store
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
Winnebago County
Unified Development Ordinance
ON-SITE DEVELOPMENT STANDARDS
Organization
1.
2.
3.
4.
General Requirements
Accessory Structures & Uses
Permitted Encroachments
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’
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
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
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
Winnebago County
Unified Development Ordinance
LANDSCAPE REQUIREMENTS
NEW Basic Design
Requirements
• Landscape plan required
• Planting sizes
• Species diversity
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
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
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
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
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
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
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
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
Winnebago County
Unified Development Ordinance
NONCONFORMITY REGULATIONS
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
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.
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
Winnebago County
Unified Development Ordinance
UDO ADMINISTRATION – TRANSITION RULES
•
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
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
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
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
Winnebago County
Unified Development Ordinance
UDO ADMINISTRATION – LAND USE APPLICATIONS
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.
Winnebago County
Unified Development Ordinance
UDO ADMINISTRATION – SUBDIVISION APPLICATIONS
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
Winnebago County
Unified Development Ordinance
UDO ADMINISTRATION – ENFORCEMENT
•
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
Winnebago County
Unified Development Ordinance
THANK YOU!!
QUESTIONS? COMMENTS?
Winnebago County
Unified Development Ordinance