County Proposes Changes In Zoning Ordinance
July 28, 2016 at 4:25 p.m.
At their Aug. 15 meeting, the Kosciusko County Commissioners will consider and possibly approve changes and amendments to the Kosciusko County Zoning Ordinance.
Wednesday, the Kosciusko County Area Plan Commission voted unanimously to recommend the commissioners approve the ordinance modifications.
While many of the changes may be considered minor, there are other changes that may be considered major by some.
One of the new changes establishes the parameters for communication towers. Previously, towers were addressed individually by the Kosciusko County Board of Zoning Appeals.
The new rules, if approved, will require the petitioner to present to the BZA a specific site plan for the tower illustrating the fall radius of the tower, its height, and all accessory and additional structures on the property. Any future structures also must be included.
A legal description of the entire tract of ground and leased area must be provided. All screening and security measures must be described.
Petitioners must provide a map and/or list of the towers nearest the proposed location. If any alternative sites were considered, the petitioner must provide a detailed reason why the site wasn't sufficient. The BZA also reserves the right to request additional information.
Other restrictions on towers include setback radius and type of supports. Districts in which towers can be built include agricultural, commercial and industrial.
Another change in ordinances is for an increase in fees. If any construction begins before the proper improvement location, occupancy or sign permits are attained, a filing fee will be assessed.
Previously, the fee for an improvement location permit for a residential accessory structure and residential addition after construction began was $30. Under the new revisions, the cost will be $250. For a single-family residence, the fee was $35; the changes will increase it to $500. Fees for permits after-the-fact for a multi-family residence will increase from $35 plus $1 per family unit to $1,000 plus $5 per square foot.
All others are $1,000 for structures 2,500 square feet or less; $1,500 for 2,501 to 5,000 square feet; and $1,500 plus $10 per each 10 square feet more than 5,000 square feet.
Fees for variance and exception petitions and zoning ordinance amendments also will increase from $15 to $75 each. However, with this increase, the plan commission will handle the advertising requirements for the petitioner.
Article 6 of the ordinances creates positions for two hearing officers to hear the "simple" petitions before the BZA. The Kosciusko County Division hearing officer will have "exclusive territorial jurisdiction" over all areas subject to the ordinance except within the corporate limits of Syracuse. The Syracuse hearing officer will have exclusive jurisdiction in Syracuse.
Each of the officers will be appointed from within the membership of each of the existing boards of zoning appeals and will serve for four months.
Duties of the hearing officer will include hearing and approving/denying exceptions for home occupations and home-based businesses subject to a few restrictions, and hearing and approving/denying variances from the development standards of the zoning ordinances, with a few restrictions.
If a petitioner is dissatisfied with the hearing officer's decision, an appeal can be made to the full county or Syracuse BZA.
Some other proposed changes in the ordinances include:
• Agricultural fences may be permitted on property lines, but the fences must be for confining livestock and/or protecting crops.
• Signs are not to be illuminated in any manner that causes undue distraction, confusion or hazard to traffic; they shall not reflect light on adjoining residential districts, road rights of way, easements or access drives.
• Temporary political signs are permitted in any district. They may be posted four months prior to the related election but must be removed within three days after the election concludes. They may not be posted in a road or easement right of way.
• Signs for temporary events and portable signs are permitted in commercial, industrial and agricultural districts but cannot be closer than 5 feet to any right of way, access drive or easement; no larger than 32 square feet; can't obstruct the flow or sight pattern of traffic; may not be used or placed on the property for more than 30 days per calendar year; may not be used for more than 15 consecutive days; may not be used for more than two times in a six-month period; no more than one temporary sign on a premise at one given time; and property owner must consent to the sign.
For more information regarding the changes in ordinances, contact the plan commission in the courthouse or call 372-2304. [[In-content Ad]]
At their Aug. 15 meeting, the Kosciusko County Commissioners will consider and possibly approve changes and amendments to the Kosciusko County Zoning Ordinance.
Wednesday, the Kosciusko County Area Plan Commission voted unanimously to recommend the commissioners approve the ordinance modifications.
While many of the changes may be considered minor, there are other changes that may be considered major by some.
One of the new changes establishes the parameters for communication towers. Previously, towers were addressed individually by the Kosciusko County Board of Zoning Appeals.
The new rules, if approved, will require the petitioner to present to the BZA a specific site plan for the tower illustrating the fall radius of the tower, its height, and all accessory and additional structures on the property. Any future structures also must be included.
A legal description of the entire tract of ground and leased area must be provided. All screening and security measures must be described.
Petitioners must provide a map and/or list of the towers nearest the proposed location. If any alternative sites were considered, the petitioner must provide a detailed reason why the site wasn't sufficient. The BZA also reserves the right to request additional information.
Other restrictions on towers include setback radius and type of supports. Districts in which towers can be built include agricultural, commercial and industrial.
Another change in ordinances is for an increase in fees. If any construction begins before the proper improvement location, occupancy or sign permits are attained, a filing fee will be assessed.
Previously, the fee for an improvement location permit for a residential accessory structure and residential addition after construction began was $30. Under the new revisions, the cost will be $250. For a single-family residence, the fee was $35; the changes will increase it to $500. Fees for permits after-the-fact for a multi-family residence will increase from $35 plus $1 per family unit to $1,000 plus $5 per square foot.
All others are $1,000 for structures 2,500 square feet or less; $1,500 for 2,501 to 5,000 square feet; and $1,500 plus $10 per each 10 square feet more than 5,000 square feet.
Fees for variance and exception petitions and zoning ordinance amendments also will increase from $15 to $75 each. However, with this increase, the plan commission will handle the advertising requirements for the petitioner.
Article 6 of the ordinances creates positions for two hearing officers to hear the "simple" petitions before the BZA. The Kosciusko County Division hearing officer will have "exclusive territorial jurisdiction" over all areas subject to the ordinance except within the corporate limits of Syracuse. The Syracuse hearing officer will have exclusive jurisdiction in Syracuse.
Each of the officers will be appointed from within the membership of each of the existing boards of zoning appeals and will serve for four months.
Duties of the hearing officer will include hearing and approving/denying exceptions for home occupations and home-based businesses subject to a few restrictions, and hearing and approving/denying variances from the development standards of the zoning ordinances, with a few restrictions.
If a petitioner is dissatisfied with the hearing officer's decision, an appeal can be made to the full county or Syracuse BZA.
Some other proposed changes in the ordinances include:
• Agricultural fences may be permitted on property lines, but the fences must be for confining livestock and/or protecting crops.
• Signs are not to be illuminated in any manner that causes undue distraction, confusion or hazard to traffic; they shall not reflect light on adjoining residential districts, road rights of way, easements or access drives.
• Temporary political signs are permitted in any district. They may be posted four months prior to the related election but must be removed within three days after the election concludes. They may not be posted in a road or easement right of way.
• Signs for temporary events and portable signs are permitted in commercial, industrial and agricultural districts but cannot be closer than 5 feet to any right of way, access drive or easement; no larger than 32 square feet; can't obstruct the flow or sight pattern of traffic; may not be used or placed on the property for more than 30 days per calendar year; may not be used for more than 15 consecutive days; may not be used for more than two times in a six-month period; no more than one temporary sign on a premise at one given time; and property owner must consent to the sign.
For more information regarding the changes in ordinances, contact the plan commission in the courthouse or call 372-2304. [[In-content Ad]]