Zoneomics Logo
search icon

Sangamon County Unincorporated
City Zoning Code

CHAPTER 17

68 Amendments

17.68.010 Standards And Authority

The Sangamon County Board may from time to time, in the interest of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property throughout the county, and avoiding or lessening congestion in the public streets and highways, amend the regulations and the districts created in the manner set forth in this chapter. With respect to amendments relating to the agricultural district, the Sangamon County Board shall utilize the Land Evaluation and Site Assessment System (LESA) set out in Section 17.68.091 to this Chapter 17.68.

(Res. 12 §5(part), May 8, 2001; Res. 1-1 §7(G) (1), November 16, 1982)

17.68.020 Initiation

A petition for an amendment may be filed by an interested property owner, contract purchaser, county board member or the executive director of the Springfield-Sangamon County regional planning commission. In cases where a contract purchaser is the petitioner, the contract purchaser shall provide a letter from the owner, which states that the owner is aware of the petition and the request(s) contained therein, that the petitioner is indeed a contract purchaser, and that the owner approves of the action. Such petitions for amendments shall be filed in writing and shall contain such information as the zoning board of appeals may require by rule.

(Res. 1-1 §7(G) (2), November 16, 1982)

17.68.030 Petition; Filing And Processing; Map Included

A petition for an amendment shall be filed with the zoning administrator at least twenty (20) days prior to the date of the hearing. The zoning administrator shall forward such petition to the Sangamon County zoning board of appeals in accordance with the applicable statutes of the state of Illinois and forward a copy of the petition to the Springfield-Sangamon County regional planning commission. The petition shall include a list of adjacent property owners, including owners across the street and across the alley, as well as their mailing address. A map shall also be submitted which shows the boundaries of the property, the location of existing and/or proposed structures in relation to lot lines and adjacent land uses.

(Res. 1-1 §7(G)(3), November 16, 1982)

17.68.040 Public Hearing; Notice Requirement

  1. No amendment shall be granted by the county board except after a public hearing before the zoning board of appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than thirty (30) or less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within Sangamon County. A written notice shall be served at least ten (10) days before the hearing on the owners of the properties located adjacent to and across the street or alley from the location where the amendment is requested. In addition, at least fifteen (15) days prior to each hearing, notice of such hearing shall be posted on the street frontage of the land proposed to be reclassified by amendment. The notice need only to be placed in one place on the site. In the event the hearing is postponed, the property shall be reposted with the new time, place, and date, and shall be republished and as in the initial case, but with the new time, place, and date for the hearing. A copy of such notice shall be mailed to the clerk of each municipality, the corporate limits of which lie within one and one-half miles of the land proposed to be reclassified. If the real estate subject to the petition shall be situated within a township in which there is a newspaper regularly published or in which there is a newspaper generally circulated that is not published in the city of Springfield, Illinois, then there shall be published in said newspaper, a legal publication identical to and in addition to that above stated. Meetings of the zoning board of appeals on amendments may be held in the County Building.
  2. Where the amendment is initiated by a member of the county board or the planning commission, a true copy of the application or of the county board's order shall be served upon the owner or owners of record in person or by certified United States mail within ten (10) days after the filing of the application or order initiating the proceedings. The foregoing notice and service requirements shall be in addition to the posting and publishing requirements noted in subsection A of this section. No filing fee shall be required for a petition from the county board or the planning commission.

(Res. 7 §7(part), April 14, 1987; Res. 16a §14(part), November 19, 1985; Res. 1-1 §7(G) (4), November 16, 1982)

17.68.050 Proposed Amendment; Review And Report By Regional Planning Commission Staff

Prior to a public hearing to be held before the Zoning Board of Appeals on each and every proposed amendment to the regulations and the districts created by this title, the staff of the Regional Planning Commission shall study the proposed amendment and transmit to the Zoning Board of Appeals a written report setting forth pertinent planning facts and summary statements of the anticipated effect the proposed amendment may have on the particular locality and the region. The report will be of an advisory nature and may suggest any one of the following conclusions:

  1. That the proposed amendment is advantageous to the immediate vicinity, the community or the region; or
  2. That the proposed amendment with modification would be advantageous to the immediate vicinity, the community or the region; or
  3. That the proposed amendment would be disadvantageous to the immediate vicinity, the community or the region; or
  4. That the proposed amendment would be disadvantageous to the immediate vicinity, the community or the region, however, because of special circumstances related to the property, the Regional Planning Commission may in its written report suggest a use variance upon finding the standards for use variations have been met, in which case the Zoning Board of Appeals may recommend this use variance to the County Board and the petitioner is not required to file a petition for a use variance as required under Section 17.66.020(C).

(Res. 9 Exh. A (part), July 8, 2008; Res. 1-1 § 7(G)(5), November 16, 1982)

17.68.060 Proposed Amendment; Findings Of Fact And Recommendations Of The Zoning Board Of Appeals

  1. Within thirty (30) days after the close of the hearings on a proposed amendment, the zoning board of appeals shall make written findings of fact on eight and one-half by eleven inch (8.5” x 11”) paper and shall submit the same together with its recommendations to the Sangamon County board. If the proposed amendment is to change the zoning classification of a particular property, the zoning board of appeals shall make findings based upon evidence presented to it in each specific case with respect to the following matters:
    1. Existing uses of property within the general vicinity of the property in question;
    2. The zoning classification of property within the general area of the property in question;
    3. The suitability of the property in question for the uses permitted under the existing zoning classification;
    4. The trend of development within the vicinity since the property was originally classified.
  2. The zoning board of appeals shall only recommend the adoption of a proposed amendment when it finds that the public interest will be served in addition to the interest of the applicant.

(Res. 1-1 § 7(G)(6), November 16, 1982)

17.68.070 Action By The County Board; Prerequisites

The Sangamon County board shall act on a proposed amendment only when it has received a written report and recommendation from the zoning board of appeals on the proposed amendment. In the event that such report does not recommend passage of the proposed amendment, such amendment shall not be passed except by the favorable vote of a majority of all the members of the county board.

(Res. 1-1 § 7(G)(7)(a), November 16, 1982)

17.68.080 Waiting Period For New Applications Following County Board Action

After any application for an amendment has been acted upon by the county board, another application requesting the same relief shall not be accepted or considered by the county board for a period of six (6) months after such action, unless the application shows that there has been a substantial change in circumstances as determined by the zoning board of appeals, since such action.

(Res. 1-1 §7(G)(7)(b), November 16, 1982; Res. 9, February 13, 1973)

17.68.090 Protests Against Proposed Amendments

In case of written protest filed with the county clerk against any proposed amendment, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered, or by resolution of the corporate authorities of a zoned municipality where the land affected, either by map amendment or text amendment, lies within one and one-half miles of the limits of the municipality, such amendment shall not be passed except by the favorable vote of three-fourths (¾) of all members of the county board. In such cases, a copy of the written protest or resolution shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. In order to perfect its protest, the protestor(s) or municipality shall file its protest or resolution with the Sangamon County clerk and the Sangamon County zoning administrator at least twenty-four (24) hours before the county board meeting.

(Res. 1-1 §7(G)(7)(c), November 16, 1982; Res. 9, February 13, 1973)

17.68.091 Land Evaluation And Site Assessment System

Agricultural Land Evaluation

Soil #Mapping Unit DescriptionProductivity IndexCapability ClassPrime/Important Farmland
Group #1 - Total Acres: 166,030 - Average Productivity Index: 159
36ATama1501Prime
43Pave1601Prime
198Elburn1551Prime
Group #2 - Total Acres: 131,695 - Average Productivity Index: 151
36BTama1482EPrime
73Ross1451Prime
77Huntsville1461Prime*
199APlano1451Prime
68Sable1552WPrime
451Lawson1552WPrime*
Group #3 - Total Acres: 27,730 - Average Productivity Index: 143
134ACamden1201Prime
36C2Tama1432EPrime
199BPlano1442EPrime
284Tice1452WPrime*
Group #4 - Total Acres: 88,440 - Average Productivity Index: 138
50Virden1352WPrime
67Harpster1352WPrime*
74Radford1402W
Prime*
107Sawmill1402W
Prime
138Shiloh1352W
Prime
144Hartsburg1402W
Prime
684BBroadwell1392EPrime
Group #5 - Total Acres: 63,995 - Average Productivity Index: 122
17Keomah1252WPrime
45Denny1102WPrime
112Cowden1202WPrime
134BCamden1192EPrime
242Kendall1302WPrime
249Edinburg1302WPrime
259CAssumption1232EPrime
280BFayette1252EPrime
567CElkhart1232EPrime
685BMiddletown1042EPrime
131CAlvin1033EPrime
131DAlvin1013EPrime
208Sexton1153WPrime
684C2Broadwell1332EPrime
Group #6 - Total Acres: 37,680 - Average Productivity Index: 114
19C2Sylvan1052EImportant
134C2Camden1152EImportant
280C2Fayette1192EImportant
685C2Middletown1052EImportant
19DSylvan1063EImportant
36D2Tama1403EImportant
119DElco1023EImportant
250D2Assumption1133EImportant
80D2Fayette1133EImportant
567D2Elkhart1133E
Important
Group #7 - Total Acres: 13,750 - Average Productivity Index: 88
8D3Hickory644EImportant
8EHickory714EImportant
19D3Sylvan954EImportant
119D3Elco954EImportant
131E2Alvin844EImportant
134D3Camden1024EImportant
212D3Thebes874EImportant
280D3Fayette1044EImportant
Group #8 - Total Acres: 9,865 - Average Productivity Index: 82
8E3Hickory637ENon-prime
19E3Sylvan877ENon-prime
119E3Elco870Non-prime
Group #9 - Total Acres: 8,050 - Average Productivity Index: 0
8FHickory07ENon-prime
551FGosport07ENon-prime
801Orthents00Non-prime
*Subject to flooding.

Relative Point Value for Soil Groups

Group #Relative Value
1100
295
390
487
577
672
755
852
90

Parcel # _____________________ Zoning Case # _____________________

LAND EVALUATION AND SITE ASSESSMENT

Part 1: Site Assessment


Available PointsPoints

AGRICULTURAL/RURAL LAND WITHIN .5 MILE
90% or more
75-89%
50-74%
Under 50%  


20
10
5
0

CONTIGUOUS AGRICULTURAL/RURAL LAND
90% or more
75-89%
50-74%
Under 50% 


20
10
5
0

PERCENTAGE OF SITE AGRICULTURAL/RURAL
75-100%
50-74%
Under 50%


10
5
0

COUNTY SECTOR
Rural
0.5 mile from incorporated area
Incorporated area

20
10
0

SOIL WITH SEVERE RESTRICTIONS FOR ON-SITE WASTE DISPOSAL
75% or more
50-74%
25-49%
Less than 25% or sewer available


20
10
5
0

ENVIRONMENTAL IMPACT OF PROPOSED USE
Negative impact
Little or none with protective measures
Little or none


15
5
0

IMPACT ON UNIQUE HISTORICAL/CULTURAL FEATURES
Negative impact
No impact

10
0

CONDITION OF ROAD
unpaved, <40' ROW or <16' pavement
16'-18' pavement, 40' ROW
18'-20' pavement, 40' ROW
>20' pavement, 40' ROW or County or State Highway

20
15
10
0
 
AVAILABILITY OF PUBLIC SEWER
Not available
Sewer over 600'-1200' away
Private central sewage system
Sewer 600' or less away and available

15
8
5
0
 
AVAILABILITY OF PUBLIC WATER
Not available
1,000-1,500' away
Less than 1,000' away
Public water available at site

20
15
5
0
 
DISTANCE FROM RESPONDING FIREHOUSE
Not in fire protection district
More than 5 miles or fire protection by assignment
2.6-5 miles
0-2.5 miles

20
10
5
0
 
DRIVING TIME TO HIGH SCHOOL
Over 30 minutes
15-30 minutes
Less than 15 minutes

10
5
0

SITE ASSESSMENT TOTAL
0

Part 2: Agricultural Land Evaluation (Based of Sangamon County Soil Survey)

SoilNameType%Relative ValuePoints
8D3HickoryImportant
55
8EHickory
Important

55
8E3Hickory
Non-prime
52
8FHickory
Non-prime

0
17KeomahPrime
77
19C2Slyvan
Important

72
19DSlyvan
Important

72
19D3Slyvan
Important

55
19E3Slyvan
Non-prime

52 
36ATamaPrime 100 
36BTamaPrime 95 
36C2TamaPrime 90 
36D2TamaImportant 72 
43IpavaPrime 100 
45DennyPrime 77 
50VirdenPrime 87 
67HarpsterPrime 87 
68SablePrime 95 
73RossPrime 95 
74RadfordPrime* 87 
77HuntsvillePrime* 95 
107SawmillPrime* 87 
112CowdenPrime 77 
119DElcoImportant 72 
119D3ElcoImportant 52 
119E3ElcoNon-prime 52 
131CAlvinPrime 77 
131DAlvinPrime 77 
131E2AlvinImportant 55 
134ACamdenPrime 90 
134BCamdenPrime 77 
134C2CamdenImportant 72 
134D3CamdenImportant 55 
138ShilohPrime 87 
198ElburnPrime 100 
199APlanoPrime 95 
199BPlanoPrime 90 
208SextonPrime 77 
212D3ThebesImportant 55 
242KendallPrime 77 
244HartsburgPrime 87 
249EdinburgPrime 77 
259CAssumptionPrime 77 
259D2AssumptionImportant 72 
280BFayettePrime 77 
280C2FayetteImportant 72 
280D2FayetteImportant 72 
280D3FayetteImportant 55 
284TicePrime* 90 
451LawsonPrime* 95 
551FGosportNon-prime 0 
567CElkhartPrime 77 
567D2ElkhartImportant 72 
684BBroadwellPrime 87 
684C2BroadwellPrime 77 
685BMiddletownPrime 77 
685C2MiddletownImportant 72 
801OrthentsNon-prime 0 
*subject to flooding
AGRICULTURAL LAND EVALUATION TOTAL
GRAND TOTAL

Fewer than 150 points shall be deemed acceptable for non-agricultural development.

From 150 - 175 points is considered marginal requiring mitigating factors for non-ag development.

Greater than 175 points shall be considered suitable for agricultural use only.

SUITABILITY

SubdivisionAgriculture
0 points300 Points

For purposes of this evaluation for suitability of non-agricultural development:

  • Fewer than one hundred fifty (150) points shall be deemed for non-agricultural development.
  • Between one hundred fifty (150) points and one hundred seventy-five (175) points shall be considered marginal for non-agricultural development and mitigating factors shall be evaluated.
  • Greater than one hundred seventy-five (175) points shall be considered suitable for agricultural use only.

(Res. 12, Exh. A, 11-12-2003; Res. 13 Exh. A (part), June 11, 2002; Res. 12-1 Ex. C § 8, May 8, 2001)