City Amending Zoning Regs for “Special Type Dwelling Units”

By Gordon Hopkins The City of Fairbury is looking at changing zoning regulations to allow for addition of ‘special’ types of dwelling units and grain bin gazebos within designated areas of the city limits, with a conditional use permit. At several meetings, the Planning and Zoning commission held extensive discussion and review regarding: building types, building construction, housing needs, building code, code compliance, zoning districts, lot sizes, zoning definitions and neighborhood characteristics. Examples from other communities and suggestions from the Comprehensive Plan and Zoning consultant were discussed at several meetings on hearings in 2023 and 2024. On May 13 the planning commission held a hearing to review the aforementioned request and the planning commission voted six-to-none to recommend the city council approve proposed amendments to zoning to allow for special dwelling units to be conditionally permitted in the Medium Density Residential (R-2), High Density Residential (R-3), Mobile Home Residential (RM) and Residential/Commercial Flex (RCF) districts, to modify the definitions to reflect allowed special type dwellings, to add required conditions to the special type dwellings. The categories of Dwelling Special Types, as listed in the proposed amendments, include:Cargo Container Dwelling: a dwelling unit constructed of one or more new or used cargo containers used for multi-modal shipping. Grain Bin Dwelling Unit: A dwelling unit constructed of one or more grain bins, new or used meeting the definition of dwelling unit above. Quonset home: A home constructed beneath and in a structure referred to as a Quonset.Shouse: A combination of a dwelling unit and machine shed under a common or connect roofing system.Tiny House: A structure containing living spaces including sleeping and kitchen areas which measure 500 square feet or less in area excluding lofts and basements. Tiny Houses on Wheels (THOWs): would be considered RVs (Recreational Vehicles). The use of shipping containers in the construction of homes has become a popular trend in recent years.The city had previously considered allowing conditional use permits for shipping and storage containers in 2021. However, after multiple discussions, hearings and votes, the proposal failed. The new regulations would not allow for the use of shipping containers for storage but only as housing.The new regulations would also modify the definition of gazebo to include one constructed from a grain bin.“This is a significant change to zoning,” said Fairbury Development Services Director Laura Bedlan. “There are some specific requirements to the dwellings if they are allowed.” Bedlan explained these Dwelling Special Types would have to follow a number of rules for compliance of the new regulations, “There are some specific requirements to the dwellings if they are allowed. Under the requirements, it talks about the code compliance, it talks about HUD (United States Department of Housing and Urban Development) compliance, it talks that it needs to be anchored, for a minimum of 120 square feet, installation, ventilation standards, electrical code, egress requirements. They need to be structurally designed. All cantilevers and attachments will need to be structurally designed by licensed architects, any modifications to a structure will need to be designed by a licensed architect or engineer. Structures will be permanently attached.” These new dwellings would also need to meet “aesthetic community standards,” so that those additions are consistent with the surrounding neighborhood. City Councilperson Bradley Kuzelka asked, “What's the aesthetic community standards?”“So each of these will be reviewed by Conditional Use Permit,” Bedlan explained, “We have some other things that do require they review for aesthetic standards. And what they'll do is they'll look at the neighborhood, they'll go in one block out, essentially, from wherever they're located.” Bedlan said, “So, if it's a Conditional Use Permit, they'll review to make sure that it meets with the aesthetics of the neighborhood now.” Fairbury Mayor Spencer Brown said he believes the new regulations will prevent the new dwellings from clashing with existing housing, “I think the way it's written and, with it being a Conditional Use Permit, I think there's enough regulation behind it that you're not going to have three identical single family homes and then your going to slap in a container house, right? I think P and Z is smarter than that. The council, when they want to get the conditional use permit, they'll be able to make a proper recommendation.”The ordinance to approve the changes to the zoning regulations requires three readings to give the public the opportunity for input. The city council voted to approve the ordinance at the first reading.The city council also voted for the first of three readings to approve changes to zoning regulations that would require a special use permit for fencing made out of certain materials, such as scarp lumber, scrap metal, pallets, snow fences and chicken wire.

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