DEKALB COUNTY
ZONING ORDINANCE CHANGES
If you mean what you
say,
say what you mean
Comments: 20 (click
to view)
Addendums:
1
Paul R.
Miller, Planning and Zoning Director for the DeKalb
County Board, conducted the last of three “open house”
informational meetings to explain the proposed changes
to the DeKalb County Zoning Ordinance at the Sycamore
Center on Thursday, December 2nd. Open houses were held
on Tuesday (Nov. 30) in Waterman and on Wednesday in
Genoa. The council chambers of the Sycamore Center was
filled to capacity.
The topic of
discussion was Article 8 of eleven articles contained in
the proposed revised DeKalb County Zoning Ordinances.
This section refers to non-conforming property and their
uses. The goal is to rezone all property not within an
incorporated city, town or village as A-1 Agriculture
(farm land) which would result in all such land being
legally considered as non-conforming.
Mr.
Miller explained that the intent of these changes was to
"prevent deep-pocketed developers" from forcing the
County, through law suits, to allowing them to build
subdivisions and malls, etc. in the rural areas of the
county not serviced by the municipalities. According to
his stated reasoning, if the County was to rezone all
rural land as A-1 Agriculture then the developers would
not stand a chance in court.
Under the
proposed changes all existing properties in those
unincorporated areas that were previously zoned
residential, commercial, industrial, church, etc, would
become non-conforming but existing owners of those
properties would be protected by "grandfather" clauses
contained in Article 8 that would assign Special Use
Permits for these properties. The entire unincorporated
communities of Fairdale, Esmond and Clare would be
non-conforming.
But in
section 8.01 Scope of Provisions, the following
statement of intent is made:
It is the intent of this Article to permit pre-existing,
lawful nonconforming uses and buildings to continue only
until they are discontinued, removed or made to conform
through rezoning or Special Use Permit, except as
otherwise permitted herein, and not to encourage
their survival or allow their renewal once they have
been discontinued or removed. It is further the intent
of this Article that nonconformities shall not be
enlarged upon, expanded or extended, nor be used as
grounds for adding other structures or uses prohibited
elsewhere in the same zoning district, except as
otherwise specifically permitted herein.
Miller
assured the audience that present and future County
Board members would not interpret the above statement to
mean what it says but would instead interpret the intent
as to mean what he said about those deep pocketed
developers.
Sections
8.02 and 8. 03 appear to protect existing property
owners:
8.02: Any nonconforming building, structure or use which
existed lawfully at the time of the adoption of this
Ordinance and which remains nonconforming, and any such
building, structure or use which shall become
nonconforming upon the adoption of this Ordinance or of
any subsequent amendment thereto, may be continued
subject to the regulations of this Article.
Section 8.03: Buildings, structures, lots and uses of
land that are rendered nonconforming as a consequence of
the adoption of this Ordinance and the elimination of
the zoning district in which such building, structure,
lots and uses were located as of December 31, 2004,
according to the records of the County, shall be
subject to the bulk regulations and performance
standards of the previous zoning district, as set forth
in Section 8.13 below. Such buildings, structures, lots
and uses shall be considered legal, nonconforming and
the uses thereof and buildings and structures thereon
may be maintained, repaired, replaced, expanded and
improved in a manner consistent with the standards in
Section 8.13 and without regard to the other provisions
of this Article. All other nonconforming uses, buildings
and lots shall be subject to the regulations of Sections
8.04 through 8.12...
Miller
steadfastly believes he has covered all the bases
related to grandfathering the rights of existing
property owners. If their home burns down they can
replace it. They can sell their land, for the exact same
use as recorded by the County as of December 31, 2004,
and those uses can be transferred to the buyer.
The bases
are not covered.
Examples:
What if the owner of a now commercially zoned parcel
that is used as an automobile repair shop needed to sell
his/her property but the only buyer was one who wanted
to use it for an antique shop?
How does
having property designated as non-conforming impact the
ability to obtain financing? Will mortgage lenders be as
willing to loan money to the buyers of a property
currently zoned residential after it has been declared
non-conforming. Will such designation result in the
existing property owner having to pay higher interest
rates to make repairs or improvements?
If an
existing property owner felt short changed in their
ability to use or sell their land as what they believe
is its highest and best use, will they have more or less
of a chance in court as those "deep pocketed
developers?"
Miller
displayed contempt for some of the many questions he
received from the audience. It was obvious he was
annoyed to learn that there were concerns with these
changes and suggestions for changes.
After
all, he and staff and committee have worked six months
on these proposed changes. Six months. For changes that
will impact the residents of DeKalb County for decades
to come.
Insiders
say that these proposed changes are a lock to gain
approval of the DeKalb County Board. They point to the
fast track procedure employed by Paul Miller and staff
as proof.
From the
DeKalb County Government website:
The required public hearing will be held by the Zoning
Hearing Officer on Thursday, December 16, 2004, at
1:00 p.m. in the DeKalb County Legislative Center, “Gathertorium,”
2000 N. Main Street, Sycamore, IL 60178. All
interested persons are encouraged to attend and be
heard, as this will be the only opportunity for public
input on this zoning application.
It is
planned for this proposal to be approved so that it
takes effect January 1, 2005.
A member of
the audience asked Miller if the hearing could not be
held at a more convenient time. Miller retorted that,
"when you have to appear in court, you show up. If this
is important to you, you will show up."
If for any
reason you are not able to take off from work to attend
this hearing, at which very few County Board members
will be in attendance, you may want to contact your
district's County Board member, or all of them, and let
them know your concerns.
If you are a
property owner of land outside of the incorporated areas
of DeKalb County, you should make every attempt to make
sure that the current use of your land is what is
recorded in the county records.
The DeKalb
County Board would be wise, and of service to their
constituents, if they put the brakes on this one. At
least until all the bugs are worked out.
All Eleven Chapters of proposed changes
Article 8 Non-conforming uses
CONTACT YOUR COUNTY
BOARD MEMBERS...
Reader Comments:
EDITOR'S NOTE: Paul Miller responded to many of the
questions and concerns expressed here
(click to read)
Date: Saturday December 04, 2004
Zipcode: 60520
The real purpose
of this seems very vague. All I can assume from the proposal
made is a restriction of any further growth and future tax
base for the county. So therefore, we the property owners
will bear the future burden. It seems someone is racing
ahead into an uncertain future without any real facts or
consideration of the consequence of such a proposal. Who's
approval is the board looking for? Apparently not the
property owners.
Date: Saturday December 04, 2004
Zipcode: 60550
From what I've
read it looks like the highest and best use for all
unincorporated areas is now and forever decided as ag land.
So I guess if something happens and ag land values bottom
out a few of us farmers will be stuck. Looking at your
district map it looks like maybe the cities will decide
this. There certainly aren't enough of us farmers to make
any difference.
Date: Saturday December 04, 2004
Zipcode: 60178
Here's a four
letter word just for you. CARE!!! Go CARE!!! You and all
your greedy developers can't hire your greedy lawyers and
sue us to build your precious subdivisions when this passes.
Cry all you want but get used to it. Paul Miller said it
right because now you can't sue. If you don't like it, here
is another four letter word for you, MOVE, and take all your
builder buddies with you! That way we will have more farm
land to enjoy as open spaces and less of those big rich
homes! Your just mad because you didn't get your way at the
meeting. Go CARE!!!
editor's response: ummmm, where to begin... 1) my
concern is for the county moving ahead with this before the
farmers and those who this would create consequences for
have the chance to fully comprehend those consequences. 2) I
am opposed to residential subdivisions being built in the
unincorporated areas, and so are most of my "builder
buddies." But I do think that if a farmer's son or daughter
wants to build a new home on their family's farm they ought
to be able to. and 3) Just so you know this... farm land is
private property. It is not open space. We do have wonderful
local and state parks and forest preserves to enjoy for that
purpose. Stay out of the corn fields. There's a chance you
might cross pollinate.
Date: Sunday December 05, 2004
Zipcode: 60548
Has anyone
took the time to notice that we have a record surplus of
corn? That South America is taking a big share of our
international market? So what does forcing land use of 80%
of our land be for farming do? Force production so we can
pay our tax bills and create surplus so we can't get good
prices. This is ridiculous!
Date: Sunday December 05, 2004
Zipcode: 60178
Since this is
a lengthy item, eleven sections with multiple pages, I have
not finished reading all the material. This said, I have
already noticed that this is better termed an attack on the
farmers and farms. These laws would make farms worthless. No
one in their right mind would buy one to farm.
If something
happened like an illness, death, accident, that prevented
them from getting the crop in the ground or harvested, the
bank and the county would still want their money. The farm
would have to be sold, but who would want it?
Why can't we
get a state or federal law passed that would make it
impossible for anyone to bring law suits to force the
community to issue building permits? There needs to be an
end to suing for everything that bothers or inconveniences
an individual. Attacking the value of farms is not the
answer.
editor's response: Mr. Miller and a few of the
board members who have communicated with me about this
maintain that their goal and intent is to prevent
development in the unincorporated areas. Mr. Miller told us
that he receives telephone calls from developers interested
in doing just that on a regular basis. He tells them that
such an attempt would very likely not be approved. According
to a board member present at the Open House there has not
been an application for such a development in eight years.
Keep in mind that the developer must sell their lots in
order to pay their loans off and make money. Suing your
customers before they become your customers goes against
good business principles. Taking away the right to sue for
one means taking it away for all.
A much simpler method, if the goal really is to prevent
developers from developing unincorporated areas, is just
what Mr. Miller is doing now. Tell them no. It costs tens of
thousands of dollars just to start the process of getting
subdivision approval and up to hundreds of thousands of
dollars through the completion of the approval process. The
developers will not invest that money if there is a probable
chance they will lose it. They're investors not gamblers.
Date: Sunday December 05, 2004
Zipcode: 60115
I sincerely
hope that the people of DeKalb County appreciate your time
consuming effort and service in this extremely important
matter that will effect their property sometime in the
future. A terrific job of reporting!!! Thanks on behalf of
all of us.
Date: Sunday December 05, 2004
Zipcode: 60115
I find your
personal attack of one who criticizes you rather sophomoric
and takes away from an otherwise good effort to inform.
Date: Sunday December 05, 2004
Zipcode: 60178
As I am in
the business I will offer my opinion on your concerns
regarding lending and property legally classified as
non-conforming. In residential lending, as long as the
property is legal non-conforming, there shouldn't be much of
a problem.
Creditworthiness is the key here. If the mortgage is sold to
the secondary market and the buyer has other barriers to
overcome then having such classification could be more of a
barrier. Local lenders know more about the local zoning
classifications.
Generally
speaking, it is easier to obtain a loan for residential
purposes than it is for commercial. Such a classification
could be more of a problem here but again there are other
factors.
I think you
should ask those in the insurance industry how
non-conforming classification affects insurance rates.
Date: Monday December 06, 2004
Zipcode: 60115
I just
thought that people reading this might want to know that the
OFFICIAL DeKalb County web page is www.dekalbcounty.org. You
have no business doing this web page and you're spewing out
garbage and lies. Get a life! Do something positive and end
this cheap imitation.
Date: Monday December 06, 2004
Zipcode: 60178
If memory
serves me right the attempt to build a subdivision in rural
DeKalb County eight years ago was made by a local developer
that owned land on Plank Road. The county turned him down
and he sued. He also lost. So it is wrong to assume that the
developers will automatically get their way in court. That
property might be annexed into Sycamore by now.
Date: Monday December 06, 2004
Zipcode: 60556
Thank you for
telling people that farm land is not open space. There are
certain groups out there that are misleading the public into
thinking that it is. Meanwhile we get college kids and city
slickers destroying our crops, harassing our livestock and
just being jerks. As for this deal the county is up to, why
don't they just pass an ordinance that says DeKalb County
does not approve subdivisions in the middle of our
cornfields. It don't take a rocket scientist to figure that
out but it sure takes one to read all the mumbo jumbo that's
in this new zoning ordinance. Keep up the good work!
Date: Monday December 06, 2004
Zipcode: 60135
My concern is also about
financing. All of the properties in the county will be Non
Conforming if they are less than 40 acres. We must remember
that the people that have the final word on loans are the
underwriters. These people do not know the property and
could care less, they simply determine if the loan requested
is secure. As Non Conforming this may mean more down
payment, a greater rate of interest or perhaps additional
fees. I would hope that this and the other concerns would be
addressed before we make such an important move. Perhaps
this would be best determined by a county wide referendum.
editor's response: A county wide referendum was
suggested at the Open House in Sycamore. Sounds like a good
idea to me.
Date: Monday December 06, 2004
Zipcode: 60178
First of all I thank you for taking the time and making the
effort to help all of us seek to know the meaning of the
proposed ordinance changes. I am listening to every word and
every opinion in an effort to make up my mind just how this
will effect me personally and the other fellow property
owners of DeKalb County. I freely admit that I feel sadly
under-educated when it comes to planning and zoning, no
matter how much I read or how many meetings I attend.
I did attend the public information meeting in Sycamore and
I also visited the Planning and Zoning office this
afternoon. Both Paul Miller and Marcellus Anderson spent
time with me to explain the reason for the changes... and
the effect that it will and will not have on specific
properties. I appreciate the time they spent explaining and
accept the explanations they gave. As I understand it, the
underlying reason is to further detour a judge from forcing
a zoning change as a result of an application from a
potential residential developer in an area of the county
that is now zoned agriculture. {they did tell me that we had
not had an application in 8 years}. They were very willing
to answer all my questions and take all the time necessary
to satisfy my concerns and I truly appreciate that.
At this point my biggest concern is WHY THE HURRY? If we
haven't had a new application in 8 years, would it not be
the prudent thing to do, to pass some sort of temporary halt
to any changes or any applications for a few weeks in order
to give the public a chance to have a better look at this
proposal? For one, I would like to hear from the Farm
Bureau. If we are indeed trying to preserve the farm land
then lets hear what the farmers have to say. I am sure if we
were considering changes to a specific street in town we
would listen to what the neighborhood had to say. All of the
meetings seem to be filled with perception and speculation.
I hope that we will take a step back and look for facts.
We have in this community some of the very finest minds...
on both sides of all issues... let us ask for the facts and
their guidance... then carefully way the results before
voting. Please.
Date: Monday December 06, 2004
Zipcode: 60556
You have to
deal with the anti-growth people. We have one of those
groups here in Waterman. They're big on imposing their
beliefs on to everyone else. This whole thing sounds like
they're up to it again. Maybe they should become farmers or
at least buy the farmland so they can protect it as they see
fit. They shouldn't be able to tell farmers what to do with
their own land.
editor's response: Mr. Miller says that this is not
an anti-growth measure. He says the intent is to prevent
developers from building subdivisions in the unincorporated
areas.
Date: Monday December 06, 2004
Zipcode: 60115
So what's
your take on this? Will it pass?
editor's response: I'm not an oddsmaker. :-) I hope
some changes are made to address the concerns expressed here
and verbally at the Open House(s). It would be great if the
County responded to public concerns.
Date: Tuesday December 07, 2004
Zipcode: 60178
I think this
issue will take a back seat until the public hearing anyway.
At last nights county board meeting all of the Republicans
walked out of the meeting. A couple of their members didn't
show up and the Democrats tried to take advantage of it.
Things are going to be heated for awhile.
Date: Tuesday December 07, 2004
Zipcode: 60115
For the life
of me, I can't figure out what you people who are
complaining are complaining about. Have you tried talking to
a board member? I did. Whatever your property is today is
GRANDFATHERED. That means its protected. Period. You have
nothing to worry about. You are all a bunch of whining
conspiracy theorists. I guess the next thing I'll read is
that the big corporate farmers are behind this because
they're trying to grab land at cheap prices. Get a clue,
people! You should at least try to talk to a board member.
editor's response: I'm going to try real hard not to
be sophomoric again but I ain't very good at it. The
concerns expressed here are valid and take the so-called
grandfathering into consideration. Even with this protection
there appears to be some risk that these changes will cost
property owners more money or perhaps even a loss in value.
County board members are aware of this page and I email them
copies of these responses, periodically. There's a
one-liner, something about the word ASSUME, that is
appropriate here, but again, that would be sophomoric of me.
Date: Tuesday December 07, 2004
Zipcode: 60178
This won't do
anything to keep Cortland from trying to be the next poor
man's version of Naperville. Growth belongs in the
communities that can handle it.
Date: Thursday December 09, 2004
Zip Code: 60115
Years back,
the government intruded with regulation upon fee upon
regulation upon fee and the small independent manufacturers
were replaced by huge corporations. The small businesses
said nothing because it didn't mean anything to them
personally. Soon the government came after the small
independent businesses, offering huge tax breaks to the big
box stores and soon the downtowns were empty while the
shopping centers on the edge of town had full parking lots.
The big corporate retailers replaced the small shops while
the builders said nothing, because it didn't impact them.
So the government came after the small independent builders
and now only the big corporate production builders are able
to keep up. But the small independent farmers said nothing
because it didn't impact them. So now the government is
telling the small independent farmers, "we're going to
protect you" by preserving your land so it can only be used
for farming. Some have called it a conspiracy theory, but
just watch with time... DeKalb County will be the richest
farm soil in the nation, owned by the richest corporations
in the world. Ain't it funny how an old broken bottle, looks
just like a diamond ring?
