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Unified Development Ordinance
Question & Answer

  • How were the new zoning rules chosen? The draft regulations are based on existing standards as well as best practice standards for similar uses, similar size communities, and similar size staff. They are also based on achieving the goals and objectives of the Comprehensive Plan.   

 

 

  • It seems that places like Bloomington, Ellettsville and most of Putnam county have less strict rules. Based on the ODU that they used...Are there exceptions for those who live outside town limits? Every property in the county has a zoning district assigned to it. Uses and corresponding development standards are customized for each zoning district.

 

 

  • Why would Owen county do it differently than those neighboring counties with more people and more businesses? It seems like these rules would inhibit rural residents from living the life that they choose. No two communities are exactly the same. State statute allows each jurisdiction to adopt their own land use regulations and development standards.  

 

 

  • What level of infringement are you okay with? If it doesn't effect you...it doesn't matter level? I am not okay with any infringement to our rights as free Americans. Property rights do not begin and end at property lines. The draft UDO strives to minimize negative impacts that various property uses may cause.

 

 

  • Last one, why go so far as to use words like sacrosanct in the documents? The word “sacrosanct” is not in the UDO

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  • How are changes made to the draft?  What is the process, who proposes them, and who votes on them? Per state statute, changes to the ordinances are drafted by the Plan Commission. The Plan Commission holds a public hearing on the changes and then votes to give a recommendation to the County Commissioners. The County Commissioners vote to make the final decision.

 

  • Who participated on the advisory committee of citizens? The Steering Committee for drafting the UDO:

                        Dana Kerr County Attorney

                    Gary DuBois Building Inspector

                   Bob Curry County Commissioner

                      Steve Carrell County Council

                      Norman Warner PC Member

                    John Reeves Environmentalist

                     Tori Floyd Health Department

            Suzanne Simmerman Zoning Administrator

                           Mary Skinner Citizen

                              Steve Fox Citizen

                   Marce King Chamber and EDC

                  Corbin Abrell AG representative

 

 

As it specifically relates to the regulation of animals:

 

  • Were the demographics of Owen County considered when establishing these limits? Land use regulations are designed around the use of the property and the location of the property.

 

  • Were any experts in supporting low-income citizens included in establishing these limits?  Land use regulations are designed around the use of the property and the location of the property.

 

  • Was it considered that medium and small animals in Owen County are used for 4H and to feed the household, and these limits will harm them?  The draft land use regulations for keeping animals are designed to protect the animal as well as protect neighboring property owners. There are no limits on keeping chickens for non-commercial use in the agricultural zoning districts. Chapter 4, Section M: Non-commercial Livestock, contains standards for keeping animals on a residential property NOT ZONED AGRICULTURALLY.

 

  • Were the limits in surrounding areas looked at?  For instance, the City of Bloomington allows 5 hens in city limits.  Ellettsville allows 9.  This proposal allows 1.  No two communities are exactly the same. State statute allows each jurisdiction to adopt their own land use regulations and development standards. In Chapter 4, Section M: Non-commercial Livestock, a residential property NOT ZONED AGRICULTURALLY could have 1 chicken for every 1,000sqft of lot area. For example, as proposed, a 1-acre property could have up to 43 chickens. There are no limits on keeping chickens for non-commercial use in the agricultural zoning districts.

 

  • Where are the funds coming from to enforce these changes?  Is that fund sustainable?  Could the funds be transferred to other funds in our County that need more support instead? Funds were allocated by the Owen County Council and the Owen County Chamber of Commerce for updating the land use ordinances.  ​

 

  • Will these questions be included as formal public comments and produced for remonstration hearing records? --These responses will be included in the public record.

 

  • Who are the members of the steering committee or others that physically represented the people of Owen County in drafting the UDO? --Already answered this question.

 

  • What were the dates and times for the UDO meetings, after the Comp Plan and Comp Plan Training was completed? --The Steering Committee met monthly to discuss the draft chapters of the UDO.

 

  • Who is the County Engineer identified in the UDO? --A professionally licensed engineer that the County may employ/hire to represent the interests of the County.

 

  • What is the definition of commercial-livestock and what authority supports this definition? --Commercial livestock would be any livestock operation that requires an IDEM permit.

 

  • Why are there no non-rural subdivisions indicated on the zone map districts? --Subdivisions are defined and classified as commercial/industrial subdivisions, homestead subdivisions, major residential subdivisions, minor residential subdivisions, and exempt subdivisions. They are regulated by the overriding land use and the number of lots created.

 

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  • To eliminate extensive work by all parties, can you provide a word version of the UDO to allow tracking and comments to be entered for the public and the PC.  This was provided during the Comprehensive Plan process. No.

 

  •  As it is a requirement for the adoption of the UDO that a Comprehensive Plan (  correct and relevant) be in place, will the Comprehensive Plan be first amended so that the UDO reflects the true Comprehensive Plan facts ( current plan has significant errors)? What do you feel is not addressed?

 

  • How is the UDO impacted by Spencer’s rights to extend its zoning and planning authority 2 miles out from the boundary? The UDO has no impact. Spencer may establish/maintain extended jurisdiction per the statutory process extended to them.

 

  • What provision is identified in the UDO to allow for future annexation and retroactively applied jurisdiction of others “plans or ordinances”. The UDO only applies to the unincorporated areas of Owen County. Once property is annexed, the new jurisdiction will oversee its land use regulations.

 

  • Can you answer what the plan is to include UDO questions and concerns to the PC? Per the public notice requirements of IC 36-7-4-604, questions or comments may be submitted in writing in advance of the Plan Commission’s public hearing to the Planning Office. Questions and comments may also be made at the hearing itself. We have also included that the website forum for submitting comments will be provided to the PC and the Commissioners in advance of their hearings.

 

  • Is it correct that the Board of Commissioners will have no approval process in the recommendation made by the advisory plan commission. Per IC 36-7-4-602(b), the Plan Commission makes a recommendation on the UDO (favorable, unfavorable, or no recommendation). This recommendation is certified to the County Commissioners. The County Commissioners may adopt, reject, or amend the UDO, regardless of the Plan Commission’s recommendation.

 

  • The draft UDO does not contain any schematics and visuals to show lot sizes, developmental standards, and graphics as the company included in the dozens of other plans they helped to develop ( as example- Morgan County).  Will these graphics be withheld in the final draft version?  Other Counties drafts also didn’t have graphics until after the hearing and a finalized UDO was certified.  Will the public have opportunity to a second public hearing to review the UDO final version before it is presented to the PC for approval? As required by statute, the final UDO will be available at least 10 days prior to the Plan Commission’s public hearing.  
     

  • When did the County Council approve funding for the UDO? June of 2023
     

  • Was the UDO created by the same company that created the Comprehensive Plan? No. The UDO was written by the team of GRW and The Planning Workshop.
     

  • Why do we have a 900 sq ft living space limitation for a home in A-1?  Tiny homes are a big deal across the country and provide for a very affordable way to live.  Living small and simple as a way of life should be allowed if you live outside the city and are not part of a subdivision with HOA rules.  Please explain. The Steering Committee felt that 900sqft was a reasonable minimum area for new single-family dwellings. If someone wants to go smaller, they can always apply for a Variance from the BZA.
     

  • Page 48, Section 3E - Are you telling me that if I have a friend who lives in the country but her property is for some reason zoned as R-1, she cannot have a lawn mower shed in her front yard at the side of her driveway? She chose to live in the country because she wanted a little freedom with HER OWN PROPERTY.  When you buy property in town, you expect to have rules/regulations like this.  When you live in the country, many of these rules/regulations are simply silly. Page 48, section 3E says that accessory structures in the residential districts that do not require a building permit may be located in the front yard except swing sets, trampolines, and similar play structures.
     

  • This entire document is written like the entire county is becoming an HOA.  It appears to be written with a lot of city-type rules being applied to country properties.  Why are we applying these types of rules to R-1 properties that are outside city limits and not in subdivisions.  Perhaps these R-1 properties that are not part of the city or a subdivision should have a different designation R-1A with a much more relaxed set of guidelines??? There are already similar standards in place for residentially zoned properties in the unincorporated areas in the Zoning Ordinance. The proposed regulations parallel the current regulations.   
     

  • And finally, why oh why does a single chicken need 1000 sq feet where a family of humans only need 900 sq feet.  Please say this is a typo and you meant to say 10 sq feet per chicken (which is still high and very generous).  Your UDO document lost most of its credibility from this one piece alone.  Look it up in any book and the expert consensus is that a chicken needs 4-8 sq ft of space per chicken.  Please explain where this number of 1000 sq ft came from. There are no limits on keeping chickens for non-commercial use in the agricultural zoning districts. In Chapter 4, Section M: Non-commercial Livestock, a residential property NOT ZONED AGRICULTURALLY we are using the lot size to determine the number of chickens and small animals allowed. As proposed, you could have 1 chicken for every 1,000sqft of lot area. For example, a 1-acre property could have up to 43 chickens.

  • Can you explain how the new zone districts, have additions such as rural subdivisions - r2 ? As you can see in the comparison chart below, there are very few new zoning districts. Several districts were renamed, including changing the Single Family to R-2, Rural Subdivisions to reflect more standard zoning naming conventions. The County is not rezoning anyone’s property. Property owners may request rezoning to a new district.

 

 

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  • Did the county assign a term to include all land not falling inside of a municipality to be rural?  These terms, rural, urban are not included in the definitions.Please see the Purpose Statement for R‐2, RURAL SUBDIVISIONS DISTRICT in the UDO, which explains it: The R‐2, Rural Subdivisions District provides for low‐density single‐family and two-family dwellings with less agricultural uses within major or minor residential subdivisions in appropriate locations in the County. Subdivisions are to be located close to water and sewer systems where those utilities can be provided to the subdivision. This district was created to accommodate larger rural developments separate from the agricultural zoning districts, to promote and protect the agricultural economy. major residential subdivisions or minor residential subdivisions are preferred over single lot dwellings to encourage more compact and contiguous development. Limited public uses are also allowed if they are compatible with the area and can be supported by available infrastructure.

 

  • The description of current zoning and the new udo zoning are different.  There is no light business, or heavy business on today’s zone map, only one of commercial.  There are residential estate, residential multi family and residential single family on the current zoning map. But look at the UDO, which lists rural estate, rural subdivision, or special residential.  Please answer why the County does not consider these zone changes? Please refer to the previous chart to see which districts are new and which are simply being renamed.

 

  • The Co stated there is no zone changes in the UDO. Did you forget about the PUD language, which is a rezone and recording of a PUD Ordinance?  Isn’t adding a new zoning group a change? Adding new Zoning Districts as choices that may be requested by the property owner is not a zoning map change or rezoning. Indiana Code (IC 36-7-4-603) governs rezoning.

 

  • Questions about agricultural zoning. …per the new zoning timber farming may not take place on agricultural zoned land.  Sawmills and Timber Processing are allowed by right in the A-2, Intensive Agricultural District, but require a Special Exception from the Board of Zoning Appeals in the A-1, General Agricultural District.

 

  • Does the UDO define row crops to include forestry land?  Please see this proposed definition in the UDO: CROP PRODUCTION. The production, storage, keeping, and/or harvesting of plants and crops, including but not limited to forages and sod crops; grains and seed crops; trees and forest crops; fruits; vegetables; nursery or greenhouse plant products (without general retail sales); and lands devoted to a soil conservation or forestry management program; or similar row, field, tree, or nursery crop production without general retail sales.

 

  • Why is the UDO using land use terminology that does not align with DLGF manuals and definitions? The Indiana State Department of Local Government Finance (DLGF) provides budget data for local governments. The UDO uses common land use and zoning terminology.

 

  • Why does the UDO prevent ag from using accessory buildings for commercial or non-commercial? Agricultural structures, such as barns, are defined separately in the UDO (see Chapter 12, Definitions). Agricultural structures are not considered accessory structures, which are limited in size and use.

 

  • It appears that subdivisions are allowed in ag zoned land?No subdivisions are allowed by right on AG zoned land.The A-1, General Agricultural District allows only a Farmstead by right, but a property owner may request a special exception from the Board of Zoning Appeals for:

    • conservation residential subdivision

    • · single-family home

    • · duplex

    • · minor residential subdivision

    • · farm worker housing

 

  • The A-2, Intensive Agricultural District allows only a Farmstead by right, but a property owner may request a special exception from the Board of Zoning Appeals for:

    • · conservation residential subdivision

    • · single-family home

    • · duplex

    • · farm worker housing

 

  • The permitted sizes of the minor plats do not align with “farmstead”.  A Farmstead is not a minor subdivision.

 

  • Is the UDO stating an exempt subdivision trumps the permitted uses under zoning? Exempt Subdivisions are explained in Chapter 6, Section G. The intent is to specify a limited list of legal situations, such as a judge’s decree, that are not required to go through the other subdivision processes. The UDO clearly says the exempt subdivision provision shall not be used to bypass the subdivision process and that it is the responsibility of the person subdividing land to verify exemption eligibility with the Administrator.

 

  • Property that is zoned now as Rural Residential, that is in a unrecorded subdivision, has lot sizes from 1 acre to 25 acres, has an industrial limestone business in the subdivision, hunt on their lands, have everything from abandoned mobile homes off their foundations, to working hobby farms, businesses in and outside of their dwelling, more than 2 rabbits per 1000 foot pen… how will the UDO categorize it? Again, the adoption of an updated UDO will not change the zoning of property. Existing LEGALLY ESTABLISHED uses become legally nonconforming under the new UDO and are protected. Illegal uses are still illegal and subject to Code Enforcement. Please see Chapter 9 for Non-conforming Lots, Structures, and Uses.

 

  • Current zoning and planning laws prohibit accessory dwellings ( bringing in portable yard barns for rental, for friends, for family to live in). How with a change in land uses that alters building set back lines, allows for multiple people/families to move onto land after the udo they are not permitted to now, and substantial different land uses than as allowed now, is this UDO protecting current land owners? New land uses develop all the time, and accessory dwellings are one such use that were not previously listed in Owen County. One reason for updating UDO’s is to address new land uses. Please note that portable yard barns do not meet the standards of Indiana’s Building Code for habitation and that compliance with zoning standards (setbacks, etc.) is required. By definition, accessory dwellings must be smaller than the primary dwelling. AARP and other organizations recommend Accessory Dwellings as a recommended option for accommodating aging populations and providing affordable housing, something your Comprehensive Plan acknowledged the need for.

 

  • Is the UDO only applicable for new IPA’s and new parcel splits?  We are not sure what an IPA is, but the new UDO will be applicable to new development going forward.

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  • Can the BOC appoint a person to oversee the UDO administration instead of the PC?  The UDO reiterates that the Administrator shall be appointed by the Plan Commission in accordance with IC 36‐7‐4‐311, and cited in the UDO.The structure of the UDO places ministerial duties and  administrative interpretations of the UDO without appeal or recourse for most developmental and subdivision interpretation.  There is an appeal process is set by Indiana State Law. As outlined by IC 36‐7‐4‐918.1, and in Chapter 5, Section E of the UDO, the BZA shall hear appeals from and review an appeal to any order, requirement, decision, or determination made by:

              i. An administrative official, hearing officer, or staff member under the UDO;

              ii. Other body (except the PC) in relation to the enforcement of the UDO; or

              iii. An administrative board or other body (except the PC) in relation to the enforcement of an ordinance adopted under this UDO requiring an ILP or BP. c. Appeals to all other decision shall be made pursuant to and governed by IC 36‐7‐4‐1000 thru 36‐7‐4‐1020.

 

  • Is the only appeal process to the PC regarding the administrators “ enforcement or interpretation of the UDO” required to pay a fee to file a BZA appeal? All applications require a fee. The County has the ability to determine if a refund is in order.

 

  • Can you provide the new written PC or BZA rules and procedures that will govern the UDO, if it is adopted?  PC and BZA Rules are separate documents that are updated after adoption of a new UDO.

 

  • Will ordinance changes, policies, rules, etc be made (sic) accessible online before they may be applied or enforced (sic)? The Draft UDO is available on the County’s website for review.

 

  • The UDO did not include language of the application process and petition process to a petitioner, will these forms and processes be provided for the public to make comment on, before they are adopted, since they are in support of the new UDO? Application processes are covered extensively in the UDO. Please see CHAPTER 5, Zoning Ordinance Provisions - Administration and Procedures and in CHAPTER 8, Subdivision Ordinance Provisions- Administration and Procedures. Chapter forms and checklists are separate documents that are updated after adoption of a new UDO.​​

 

  • What will the UDO procedure be to ask questions  or obtain consultation that are not satisfied by the Administrators responses?  How does the PC become informed of disputes or problems with UDO administration, other than after an appeal is eligible to be filed? Please see previous reply regarding Appeal of Administrative Decisions, which goes to BZA. Note that under Indiana law, the BZA includes members of the Plan Commission.

 

  • Please answer why it is an option to have TAC reviews, not a requirement? The UDO requires that the Administrator “shall forward subdivision applications to the Technical Advisory Committee (TAC) for technical review.”

 

  • Can the County produce their fact finding used to develop the UDO “ animal to environment ratios”?   The UDO Steering Committee reviewed standards from similar communities and adjusted for ease of administration.

 

  • What section of the UDO addresses land use or zoning for commercial surface, spring, and/or aquifer extraction? Water extraction is addressed by other agencies.

 

  • Where are developmental standards found to identify mineral extraction, mining, quarry use of explosives, and considerations to permit land near residential properties to be initiated or reactivated in these operations?   Please identify where zoning or land use is addressed for sand and gravel processing and extracting. Mineral extraction is listed as a Special Exception only in the I-2 District, meaning the BZA must hold a public hearing, and may set conditions and commitments as part of any approval. Furthermore, it is listed as a prohibited land use within the Floodplain Overlay District.

 

  • Where are development standards and zoning laws located at in the UDO to address building subdivisions ( exempt or not), and other development land uses ( commercial, industrial, residential, business, or institutional) on or around karsts, seeps, and other environmental sensitive areas?  The new Technical Review Committee will review and make recommendations on drainage, erosion, septics, wells, etc. for all subdivisions.

 

  • How will future changes and amendments be noted in the UDO future versions? All amendments to the UDO must have a public hearing at Plan Commission and be adopted by ordinance of the County Commissioners.

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  • What will the stations be at the UDO open house? Boards will be displayed that show the old vs the new as well as how the Comprehensive Plan was addressed in the language. 

 

  • Who will be available to field public questions at the open house? Deborah Luzier of GRW

 

  • How will the public have input to make changes in the UDO before the hearing? The purpose of the Public Open House is for the consultant to answer questions and collect public feedback. These issues will be discussed with the Plan Commission at the Public Hearing.

 

  • How will the PC request changes to the UDO before the hearing? Because the Plan Commission is an official body and is governed by a Indiana Code, members are not meant to request changes to the DRAFT UDO document before it formally comes to them. Note that Plan Commission had representation on the UDO Steering Committee that guided the UDO development.

 

  • Owen County has codified ordinances, how does the UDO impact those ordinances? The consultant reviewed the current codified ordinance at the beginning of the process to identify issues. There was much work needed by the consultants to reorganize information into a more user-friendly ordinance, correct conflicts with State and Federal law/case law and fill in missing information.

 

  • I read a height (sic) limit of 20 feet on agricultural accessory building limits.  Is this correct?  Both agricultural zoning districts (A‐1 and A-2) allow a 40’ maximum height on non-residential primary structures, such as barns. Note that the UDO states that building height does not include antennas, chimneys, steeples, or agricultural/industrial appurtenances.

 

  • Under what legal authority can the UDO put restrictions on farming operations and accessory buildings needed to house their operations?  Agriculture is a land use that may be regulated by local communities through zoning, which is enabled in state code. Note that Indiana State Law (IC 36‐7‐4‐616) provides special nonconforming agricultural land use protections, which are included in Chapter 9, Section D.2.

 

  • What is the animal to pen size ratio for emu, ostrich, rhea and other non traditional livestock? If not listed in the UDO, the Administrator will make an interpretation.

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  • Why did the UDO process not follow best practices guidelines from IN (Department of Agriculture) regarding involvement of stakeholders for creation of Agritourism standards?The creation of the DRAFT UDO relied on standard planning best practice by using a steering committee composed of local officials, citizens, and business owners, including several with Agricultural ties. Because Agritourism encompasses so many different uses, with varying impacts of nearby properties, the steering committee felt it was best to classify it as a special exception use, which requires Board of Zoning Appeals review and a public hearing.

 

  • Why does the UDO essentially disallow businesses serving alcohol? The UDO does not prohibit restaurants, wineries, or breweries from serving alcohol; it is simply a separate process to do so. The Indiana Alcohol and Tobacco Commission governs alcoholic beverage licenses for selling beer, wine, and liquor. Each County in Indiana has a local alcoholic beverage board that investigates and votes on all applications for alcoholic beverage retailer and dealer permits in their respective county.

 

  • Why does the UDO not promote tiny homes as an affordable housing option? The UDO does allow tiny homes as a Special Exception in the R-3, Special Residential District. The purpose of this zoning district is to allow more types of housing in the County.  Since this is a new type of housing development, the Steering Committee thought review and a public hearing by the BZA for a Special Exception was prudent.

 

  • Why not promote glamping, especially as part of farmstays? Camping, including “glamping” is considered a separate use from Agritourism and has a specific set of standards. Note that while camping is not considered as part of Agritourism, it may occur in conjunction with a Rural Event Venue.  

 

  • Why not permit accessory housing units? The UDO does permit accessory dwelling units in the following zoning districts: A-1, A-2, R-1, R-2, B-1 (by Special Exception) and B-2 (by Special Exception).

 

  • Where is oversite for decisions? Indiana Code governs the appeals process for decisions by the Plan Commission, Board of Zoning Appeal and County Commissioners. Administrative decisions may be appealed to the Board of Zoning Appeals, per Indiana Code.

 

  • Why does the UDO adopt standards out of sync with IN? For example, the definition of a campground?  Indiana law allows local communities to be more restrictive than the state on regulating land uses in their zoning, apart from a very few land uses. Each community is allowed to decide what works best for their situation and this DRAFT UDO reflects the steering committee’s considerations for Owen County.

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  • Because the proposed UDO is beyond the enforcement capabilities of the county, it will be enforced arbitrarily. Has the county factored in litigation costs for a fairly unenforceable code? State Statute gives its various jurisdictions (cities, towns, and counties) the power to draft and adopt land use laws for their community in the form of a unified development ordinance, zoning ordinance, and/or subdivision control ordinance. In Owen County, the administration and enforcement of these ordinances is overseen by the Planning Director, the Plan Commission, the BZA, and the County Commissioners. Chapter 7 of the UDO contains language that gives these agencies the ability to leverage fines and penalties to the maximum allowed by Indiana Law when necessary. It also allows them to see civil penalties and suits for injunction if needed.

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