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Commission keeps conditional‑use review for commercial roof heights after debate
Summary
After a lengthy discussion of legal defensibility and community character, Kane County commissioners decided not to replace conditional‑use review for commercial roof heights with a blanket permitted height; the commission opted to retain CUPs and evaluate height on a case‑by‑case basis.
Commissioners debated an ordinance proposal to set fixed permitted roof heights rather than continue using conditional‑use permits for taller commercial roofs and ultimately voted to retain the CUP process.
The county attorney (speaker 6) told the commission that replacing CUPs with a single permitted height could lead to difficult and legally fraught decisions over small differences in building elevation: “I much rather see permitted uses rather than conditional use, because they are so burdensome to get through and they are litigious,” he said, urging caution about arbitrary numerical limits. Several commissioners countered that CUPs allow the commission to consider context — trees, view sheds and community character — and to deny projects that clearly do not fit the county’s master plan. One commissioner asked, “Why would we put an arbitrary limit when circumstances can vary as much as in the way?”
After extended discussion, a motion to not recommend the proposed ordinance change (thereby leaving the current CUP option intact for building heights) was moved, seconded and carried. Commissioners agreed to keep evaluating tall‑building requests on a case‑by‑case basis and to seek fire‑marshal input when safety concerns are raised.
Next steps: The commission’s recommendation to retain CUP review will be reflected in its transmittal to the county commission; staff suggested further revisions could be brought back with recommended numeric limits only after consulting fire and safety experts.
