Planning & Zoning

OVERVIEW

 

The primary function of the Planning, Zoning and Building Department is to help direct and manage growth and land use changes in DeKalb County.  The principal way in which the Department aids in such management is through the interpretation, application and enforcement of the County’s Unified Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, building codes, and Stormwater/Grading Regulations.  The Department provides staff support and offers advice and assistance to the County Board, Planning and Zoning Committee, Zoning Hearing Officers and other County departments, as well as to local communities and citizens.  The Planning Director serves as the County Zoning Administrator, Plat Officer and Code Enforcement Officer, and is primarily responsible for interpretation and enforcement of the Zoning Ordinance, Subdivision Regulations, Stormwater Management Plan and Ordinance, and Unified Comprehensive Plan.  The Planning Director also serves as the Director of the DeKalb County Regional Planning Commission, a cooperative organization consisting of representatives from 14 municipalities and the County that serves as a forum for communication and coordination on issues of regional importance.  The Department staff prepares and updates elements of the Comprehensive Plan for the County and helps coordinate planning activities for the various communities within the County, and reviews and issues all building permits for construction in unincorporated DeKalb County, and conducts inspections of construction.  Authority for final interpretation and application of the Unified Comprehensive Plan rests solely with the DeKalb County Board.

 

Pursuant to Chapter 34, Illinois Revised Statutes, DeKalb County has a Zoning Hearing Officer to conduct public hearings to consider Zoning Map Amendments, Zoning Text Amendments, requests for Special Uses, Variations and Appeals of decisions from the Planning Director.  The Hearing Officer has final administrative decision authority on bulk regulation Variations and Appeals, and makes findings and recommendations to the County Board on Amendments, Special Uses and Use Variances.  Subdivision review and approval is the jurisdiction of the Planning and Zoning Committee and the County Board. 

 

DEPARTMENT STAFF

 

Paul R. Miller, Planning Director

Rebecca Von Drasek, Assistant Planner

Toby Petrie, Chief Building Inspector

Merle Carter, Plumbing Inspector

Gary Taylor, Building Inspector

Marcellus Anderson, Zoning Technician

Kathy West, Administrative Clerk
 

ZONING ACTIVITY IN FY 07

 

Zoning Map Amendments -- No Zoning Map Amendment applications were applied for in FY 07.  This reflects a change to the zoning regulations in 2005 which redefined all non-agricultural districts as “conservation” districts restricted to land already so zoned.  Any new zone changes will only be in the form of planned developments.

 

Special Uses -- There were eight (8) applications for new Special Use Permits, amendments to existing Special Use Permits or extensions of Special Uses due to expire, in FY 07.  Six (6) of these applications were approved and two are pending.  New Special Use Permits that were approved were for a public stables with riding lessons (Benavides), a day care home (Whitney), and an Interim Special Use for two agricultural labor houses (Illini Farms).  There was one (1) Amendment to an existing Special Use Permit to allow an expansion of an agribusiness (Conserve FS), and two (2) extensions of the deadline to commence construction of a Special Use (Aurora Sportsmens Club and Christ Community Church).  Those pending include an agribusiness for a trucking company (Underdog) and a home occupation for a home businesses (Flink).

 

Variations -- The County accepted or took action on five (5) Variation requests in FY 07: four (4) were approved and one (1) was denied. Of the approved Variations, one (1) was to allow multiple signs on a property (Kishwaukee Hospital), and three (3) were for nonconforming building setbacks (Elliott, Losey and Cain).  A request for Variations from two provisions of the Subdivision Regulations was denied (Pettee).

 

Use Variations -- The County Board received two (2) applications for Use Variations in FY 07.  These requests are to allow houses to be constructed on lots of less than 40 acres in size located in the A-1, Agricultural District.  Both applications were approved (Baumgartener and Heyob).

 

Planned Developments -- There were no applications for new planned development in FY 07.

 

Zoning Text Amendments -- Four (4) Zoning Text Amendments were applied for and approved during Fiscal Year 2007.  One (1) added “day care home” to the list of Special Uses in the A-1 District (Whitney), two (2) made changes to the Sign Regulations (DeKalb County), and one made changes to allow small wind energy systems as accessory structures (Winters).

 

Subdivisions -- There were no new subdivisions approved in FY 07.  This reflects the policy of the Unified Comprehensive Plan to discourage growth and development in unincorporated DeKalb County.

 

Miscellaneous -- In Fiscal Year 2007, the County initiated a ground water study project through the Regional Planning Commission.  This project, initially funded by the County and the cities of DeKalb and Sycamore as well as the Village of Malta, is intended to identify the issues and problems associated with ground water planning for the County and the municipalities within it.  The project is on-going, with the bulk of the work anticipated to occur in 2008.

 

Also in FY 07, the County initiated Phase 2 of the Countywide Stormwater Management Plan.  This entailed reconstituting the Stormwater Management Planning Committee, which is responsible for identifying the issues and possible amendments to the Countywide Stormwater Management Plan and Ordinance.  The bulk of this effort will occur in 2008.

 

In summary, the Planning, Zoning and Building Department processed 22 zoning and administrative applications in FY 07.  The following chart itemizes these zoning actions. 
 

PLANNING & ZONING HIGHLIGHTS IN FY 07

 

Among the significant projects undertaken by the Planning, Zoning and Building Department in Fiscal Year 2007 was participation in several Countywide initiatives, including the creation of a All Hazards Mitigation Plan, a groundwater study project, and Phase 2 of the Countywide Stormwater Management Plan.  By the end of 2007, the All Hazards Mitigation Plan was in final draft form and submitted for review and commentary by the Federal Emergency Management Agency.  This Plan is needed in order for the County to qualify for Federal hazard mitigation funding in the future.  One potential mitigation project is the Evergreen Village Mobile Home Park, which experienced significant flooding again in 2007.  The groundwater project was initiated under the auspices of the Regional Planning Commission.  The RPC selected a consultant to conduct the study, the bulk of which is expected to be completed and presented in 2008.  And during 2007, staff oversaw the completion of the first phase of the Countywide Stormwater Management Plan, which required working with the Committee to process applications for exempt status from each of the municipalities.  The Stormwater Management Plan and Ordinance became effective in May of 2007.  In November, the first meeting of a reconstituted Stormwater Management Planning Committee took place to initiate Phase 2 of the Countywide Stormwater Management Plan and any updates to the Stormwater Regulations.

 

The Department also devoted considerable time to plan review and inspections associated with some important construction projects.  These include the new hospital and medical office building for Kishwaukee Health Services, located on a 30-acre parcel on the west side of State Rte. 23, south of the existing Kishwaukee Hospital, and the new St. John’s Lutheran Church in Sycamore Township.  Both of these projects were completed in 2007.

 

SUBDIVISIONS IN FY 07

 

The DeKalb County Board has vested its Planning and Zoning Committee with subdivision review authority.  The full County Board approves an ordinance for Preliminary Plats, and the Committee has approval authority for Final Plats.  Zoning Amendments creating subdivisions through the Planned Development Zoning District Classifi­ca­tion are also under the jurisdiction of the full County Board.  The absence of new, stand-alone subdivisions within unincorporated DeKalb County is evidence of a general adherence to the policy of the 2003 DeKalb County Unified Comprehensive Plan which encourages development to occur within the corporate limits of the municipalities, or immediately adjacent to those limits, so that developing properties may be annexed and obtain municipal services.

 

ZONING CODE VIOLATIONS IN FY 07

 

The Planning Department enforces the Zoning Ordinance in part through the abatement of violations of its various provisions.  Formal zoning violations are typically the result of inquiries made by County residents or Sheriff’s Deputies, however, County Planning and Zoning Department staff may initiate violation inquiries in the event that public safety or welfare appears to be in danger.  During Fiscal Year 2007, the office investigated numerous citizen inquiries and complaints regarding potential Zoning Ordinance violations.  Of those, forty-seven (47) were determined to be apparent violations of the Ordinance.  Twenty-eight (28) of these cases have been resolved through compliance.  Additionally, twenty-three (23) cases from 2006 and four (4) from 2005 were also resolved through compliance this year. A total of nineteen (19) cases remain open.  Four (4) cases were forwarded to the DeKalb County Hearing Officer for a Code Violation Hearing.  One (1) went to hearing and was found in violation, with an assessment of a fee and fine; three (3) hearings were cancelled upon compliance or resolution of the violation.  Additionally, three (3) cases are pending action by the State’s Attorney’s office for resolution. A copy of the 2007 Zoning Violation Log is attached (see Attachment AA@). 

 

BUILDING PERMITTING IN FY 07

 

The DeKalb County Planning Department issued a total of 256 permits for construction proposed in unincorporated DeKalb County.  Of this total, 24 permits were issued for new house construction (ten (10) of which were for farm dwellings), 24 for commercial or industrial construction (including accessory structures), and 57 for alterations to existing residences (five (5) permits were for alterations to farm dwellings).  Also, 151 permits were issued for noncommercial, nonindustrial accessory structures (of these, 64 were issued for farm structures).  The largest number of new homes permitted in unincorporated DeKalb County in FY 07 were in Kingston Township (6), followed by Genoa and Sycamore Townships (3 each).

 

The Building Development Official and Building Inspectors conducted a total of 595 separate inspections of buildings under construction in FY 07.  This is an average of approximately 50 inspections per month and approximately two inspections per day worked.  The Building Inspector also averaged 8-10 hours a week reviewing plans for proposed residential projects.  Chief Building Inspector Toby Petrie spent approximately 45 hours in classroom/seminar training and obtained two additional certifications from the International Code Council (Commercial Building Inspector and Building Plans Examiner). Merle Carter assumed increased responsibilities for plumbing inspections, with the remaining inspections being conducted by Gary Taylor.  Merle Carter continues to maintain his Illinois State Plumbing Inspector license.  Gary Taylor spent four hours in classroom/seminar training and has renewed his Illinois State Plumbing Inspector License

 

The total number of permits reflect approximately $13,123,000 in construction value.  The Department collected and deposited with the County Treasurer approximately $49,000 in Building Permit fees.  For comparison, permit totals spanning the last ten years are presented in Attachment “B.”