gprellwitz
Touchdown! Greaser!
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- Jun 19, 2005
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- Romeoville, IL
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Display name:
Grant Prellwitz
This came from one of the other boards I'm on. This is the second public meeting about this. (I updated it to show the date/time of the meeting after calling the zoning board.):
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Dear all Pilots, Students and friends of GA and UL Aircraft and AirStrips:
Boone County, Illinos has posted "the final draft of the proposed new Boone County Zoning Ordinance".
It includes proposed changes which will make it virtually impossible for several grass strips to continue operating in the county, and imposes restrictions which neither the Illinois Department of Transportation nor the FAA impose on such aircraft! (Contact and Public Hearing Information is below)...
These restrictions will serve to further reduce the available options for affordable personal flight in the area, and will impact aircraft that have few other viable options in the area.
According to information from the AOPA, these sorts of restrictions do not currently exist anywhere in the country!
The gist of the proposal is to require the issuance of a Special Use Permit (requiring 100% compliance) to continue operating such private airstrips, and to limit the permit-holder to a single aircraft! Given the high cost of the SUP, this is an untenable situation. One such strip has already been shut down, and many more are threatened.
Please call, e-mail, write and attend if you can! Please pass this on!
[SIZE=-1]From their web site:
The current zoning regulations are available for review at the Boone County Planning Office, 4[/SIZE]
[SIZE=-1]01 Whitney Boulevard, Suite 400, Belvidere, IL 61008.
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[SIZE=-1]Those interested in providing their comments on the proposed ordinance are encouraged to attend the [/SIZE]
Public Hearing scheduled for:
WEDNESDAY SEPTEMBER 26th
7:00 at the Court House.
Boone County Courthouse
601 North Main Street
Belvidere, IL 61008.
[SIZE=-1]A hard copy of the proposed ordinance is available for review at the Planning Office.
Any questions or concerns may be directed to the Planning Office at 815-544-5271 or planning@boonecountyil.org. [/SIZE]
Article 4.5 Airports and Aircraft
4.5.1Airports 4-11
4.5.2Restricted Landing Areas 4-11
4.5.3Ultralight Aircraft Restricted Landing Areas 4-11
4.5. Airports and Aircraft. In addition to the standards and criteria established in Section 2.7, herein, no Special Use Permit shall be granted for the uses listed in this Section below unless evidence is presented to establish the standards and criteria set forth herein can be completely satisfied.
4.5.1. Airports.
A. Commercial airports shall provide at least the following facilities on the airport property area: hangar or office, wind direction indicator, fuel and oil facilities, sanitary drinking water, first aid kit, sanitary toilets, adequate fire protection equipment, automobile parking area adequately fenced to prevent overrunning of landing area and aircraft parking area by automobiles, reasonably accessible telephone, adequate fencing, adequate tie down facilities, and circle marker where a non standard traffic pattern is used.
B. An airport is subject to the requirements of the Illinois Aeronautical Department and the Federal Aviation Administration.
C. Maximum Height of Adjacent Structures. No building or structure shall hereafter be erected or altered in any district in which an airport may be approved for a distance of three thousand five hundred (3,500) feet from all points on the runway center line that exceeds a height of one (1) foot for every seven (7) feet of horizontal distance from the center line (7:1). Further, an approach area starting at the runway end and continuing to a width of five hundred (500) feet at three thousand five hundred (3,500) feet from the runway end shall be protected from any structure of over one (1) foot in height for each twenty (20) feet of horizontal distance from the runway (20:1).
D. Airports may not be initially located closer to the limits of a municipality or to the boundary of a zoned residential zoning district, or to the lot line of an educational or institutional facility than one-half (1/2) mile from the end of a runway or one thousand (1,000) feet from the center line of the runway.
4.5.2. Restricted Landing Areas. Restricted landing areas shall meet the following requirements:
A. Only one (1) aircraft owned or leased by the holder of the permit for the restricted landing area may be based on the restricted landing area.
B. Aircraft operating on the restricted landing area are limited to small aircraft as described by Federal Aviation Regulations, Part 1 and are limited to three hundred horse power (300hp) per engine.
C. Every restricted landing area must be separated by one (1) statute mile (5,280 feet) from any point along the center line of any other restricted landing area.
D. Each restricted landing area must meet all current State Department of Aeronautics and Federal regulations.
4.5.3. Ultralight Aircraft Restricted Landing Areas.
A. Definition: FAA describes a powered ultralight vehicle is a vehicle that (1) is used or intended to be used for manned operation in the air by a single occupant (through exemptions, FAA allows 2-place ultralights to be used for instruction only - see below); and Single-Place weighs less than two hundred fifty-four (254) pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation, has a fuel capacity not exceeding five (5) U.S. gallons, is not capable of more than fifty-five (55) knots (63 mph) calibrated airspeed at full power in level flight, and has a power-off stall speed which does not exceed twenty-four (24) knots (28 mph) calibrated airspeed (also known as a single-place); or (2) Two-Place is used or intended to be used for manned operation in the air by a single occupant FAA defines 2-place ultralight vehicles in several exemptions to be used for flight instruction only and weighs less than four hundred ninety-six (496) pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation, has a fuel capacity not exceeding ten (10) U.S. gallons, is not capable of more than seventy-five (75) knots (86 mph) calibrated airspeed at full power in level flight, and has a power-off stall speed which does not exceed thirty-five (35) knots (40 mph) calibrated airspeed.
2. All air vehicles not licensed by the FAA are considered ultralight aircraft. Due to the unique operating characteristics, licensing procedures and minimal federal aviation regulations shall follow the procedures outlined in Federal Aviation Regulations (FAR) Part 103.
3. Maximum Number of Vehicles.
4. Minimum Separation Required.
This is the section which deals with Special Uses:
2.7. Special Uses
2.7.1. Purpose.Because of their unique and/or potentially harmful characteristics, and as set forth in the Illinois Complied Statutes, certain uses set forth in this Ordinance shall be located in a district or districts only upon consideration in each case of the impact of such use upon neighboring land and of the public need for such a use at the particular location. Such uses, hereby designated as Special Uses, fall into three categories:
A. Public or quasi-public uses either municipally operated, or operated by regulated public utilities, or traditionally affected by a public interest;
B. Uses entirely private in character but of such nature that their operation may give rise to unique, special, or unusual impacts upon the use or enjoyment of neighboring property or public facilities; and
C. Uses that affect planned developments.
2.7.2. Authorized Special Uses. The County Board may authorize, by ordinance, the establishment, operation or construction of any Special Use as designated in each of the zoning districts. All of the other applicable provisions of this Ordinance, including the requirements and restrictions of the zoning district in which the proposed Special Use is to be located, shall be applicable to the establishment and maintenance of such Special Use unless the ordinance authorizing the establishment or construction of the particular Special Use expressly provides otherwise. Subject to the findings contained in Section 2.7.3, the County Board shall have authority to permit Special Uses as designated in each of the zoning districts of land or structure, or both, provided it shall find that the proposed Special Use will comply with the findings contained in Section 2.7.3.
2.7.3. Findings. A Special Use Permit shall be granted only if the County Board finds evidence of the following:
A. The proposed structure or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public and will contribute to the general welfare of the neighborhood or community;
B. The proposed structure or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and
C. The proposed structure or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations, and
D. Such other standards and criteria as are established by the ordinance for a particular Special Use as set forth in Section 2.7.4 and as applied to Planned Developments as set forth in Section 2.10 shall apply to the property for as long as the Special Use Permit is in effect, and
E. That the Special Use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the County Board pursuant to the recommendations of the Zoning Board of Appeals.
2.7.4. Conditions. The Zoning Board of Appeals may recommend and the County Board may impose such conditions or restrictions upon the location, construction, design and operation of a special use as they shall respectively find necessary or appropriate to secure compliance with the standards set forth herein. In cases in which a Special Use 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 Ordinance.
A. All conditions and restrictions regarding non-operational requirements shall be satisfied prior to the commencement of the Special Use.
B. When a Certificate of Occupancy is required, all conditions and restrictions regarding non-operational requirements shall be satisfied before the Building Officer issues a Certificate of Occupancy following a final inspection of the premises intended to accommodate the Special Use.
C. In any case, except those discussed in this subsection, all conditions, restrictions and guarantees including those addressed by (a) and (b) above, shall be satisfied within one (1) year from the date of granting thereof.
2.7.5. Procedures.
A. Authorization. The County Board is authorized to issue a Special Use Permit for those listed in the Table of Permitted Uses, Section 3.16, and for Planned Developments, subject to the standards set forth in Section 2.10 and such conditions as may be imposed pursuant to Section 2.7.4. Prior to the issuance of any Special Use Permit, a public hearing shall be held and published notice shall be given, in the manner prescribed in Section 2.7.5.E.
B. Pre-application Meeting (Optional). Prior to application, any person or group may meet with the Zoning Administrator or his/her staff to evaluate permitting options for a given property, and particularly for controversial uses, the meeting should include the State’s Attorney, Planning Director Zoning Enforcement Officer, Zoning Administrator, County Engineer, Township representative Road Commissioner, a representative from each of the County Health Department and County Soil and Water Conservation District.
C. Application for Special Use. Any person having a proprietary interest in the premises may file an application for a Special Use with the Zoning Administrator. The application shall be in such number, in such form, and contain such information as the Zoning Administrator may prescribe. The Zoning Administrator shall process such application and hearing shall be held in the manner prescribed below.
D. Recommendation of Zoning Administrator. The Boone Zoning Administrator shall review the application for Special Use and send his findings and recommendations to the County Regional Planning Commission and the County Zoning Board of Appeals. The Zoning Administrator shall apply the standards, conditions, and requirements contained in this Ordinance to the Special Use under review.
E. Recommendation of Regional Planning Commission. Prior to consideration of the Special Use application by the Zoning Board of Appeals, the County Regional Planning Commission shall review and evaluate the Special Use request for consistency with the County Comprehensive Plan. The Commission’s report and recommendation shall be forwarded to the Zoning Board of Appeals for its consideration.
F. Public Hearing Notice. Notice of hearing shall be published at least once, not more than thirty (30) days or less than fifteen (15) days before the hearing, in conformance with the requirements of Illinois Complied Statutes. This includes providing notice to municipalities within one and one-half (1.5) miles of the proposed Special Use.
G. Report of Hearing. following the hearing, the Zoning Board of Appeals shall transmit to the County Board a written report giving its findings as to compliance of the proposed Special Use with the standards governing Special Uses and giving its recommendations for action to be taken by the County Board.
H. Conditions. The Zoning Board of Appeals may recommend and the County Board may impose such conditions or restrictions upon the location, construction, design and operation of a Special Use, including but not limited to, provisions for off-street parking spaces and the duration of such permit, as they shall respectively find necessary or appropriate to secure compliance with the standards set forth in Section 2.7.4, Section 2.10, and in Chapter 4 of this Ordinance.
I. Action by County Board. After receiving the recommendations and report of the Zoning Board of Appeals, the County Board shall review the recommendations and report and may accept or reject the findings and recommendations of the Zoning Board of Appeals in whole or in part; or the County Board may refer the matter back to the Zoning Board of Appeals for further consideration; or, in the case of rejecting the Zoning Board of Appeals’ recommendation and findings, the County Board may or grant or deny the Special Use request.
2.7.6. Effect of Denial of a Special Use. No application for a Special Use which has been denied wholly or in part by the County Board shall be resubmitted, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the County Board.
2.7.7. Termination of Special Use Permit.
A. If the proposed Special Use is not established within twelve (12) months from the date of the authorization by the County Board, or if the conditions of approval established by the County Board are not constantly satisfied while the Special Use is established and/or operating, the authorization shall become null and void and all rights thereunder shall lapse. Upon written application, the County Board may authorize an extension of the time limit for a period of not more than one year.
B. In any case where a Special Use has been established and has satisfied its conditions of approval is then discontinued for a period of at least one (1) year or discontinues satisfying its conditions of approval for one (1) year, then, without further action by the County Board, the Special Use and authorization thereof shall be null and void, unless upon the permittee’s requested review by the County Board prior to the end of said year, circumstances beyond the control of the permittee indicate that continuance of the use has been impossible.
C. This time limitation shall not apply to any real property or interest in real property owned by Federal, State or local government, including but not limited to Fire Districts and School Districts. This time limitation shall not apply to any real property or interest in real property owned by any entity that has received tax exempt status from the federal government or whereupon the land in question has been granted current tax exempt status by the Boone County Board of Review.
2.7.8 Additional Standards and Criteria. In addition to the standards and criteria established in Section 2.7, herein, no Special Use Permit shall be granted for the following uses unless evidence is presented to establish that the standards and criteria set forth in Chapter 4 of this Ordinance are satisfied: airports, mobile home parks, mineral extraction, wind towers (WECS), planned developments, and group homes.
