After a lengthy discussion Wednesday, the Kosciusko County Area Plan Commission decided not to approve an amendment to the county's zoning ordinances regarding rooming houses.

The amendment would have allowed rooming houses to be an exception use in residential, agricultural and commercial districts. Currently, they are exceptions in only residential districts.

The new amendment also would have defined a rooming house as "a residential structure with temporary lodging for five or more persons, not related by blood, marriage or adoption to the owner, where meals are regularly prepared and served for compensation and where food is placed upon the table family style without service or ordering of individual portions from a menu."

If the plan commission had approved the amendment, it would have gone before the Kosciusko County commissioners for final approval.

Matt Sandy, assistant planner, told the board the definition came from other counties' ordinances. It was the broadest definition he could find that still well-defined a rooming house. It does not, however, limit the number of people in the rooming house.

Attorney Steve Snyder said he saw no problem with the amendment as far as residential and commercial districts, but does have a problem allowing rooming houses in agricultural districts.

"I don't think it fits in an agricultural district," he said.

Historically, a rooming house allowed a widow to supplement her income by renting out rooms. Beyond that, Snyder said, it's a commercial enterprise. As an exception use, if the petitioner met all the criteria of the ordinance for a rooming house, the Kosciusko County Board of Zoning Appeals could not deny it.

Snyder said agricultural districts should be left as they were intended - for single-family uses. The rooming house amendment would allow anyone to build a 10-room house and rent out all the rooms as long as food is served family-style. That would fit the county's ordinance for a multi-family dwelling.

Plan commission member Charlie Haffner said the county's ordinance doesn't have any definition for a bed and breakfast, but this definition would cover them. "We need to have something in the ordinance." He said excluding rooming houses from agricultural districts would be "ridiculous."

Vic Virgil, plan commission chairman, said the good thing about the amendment was that anyone who wanted to have a rooming house just couldn't stop by the office and get approval. They would have to go through the BZA first. If someone came in for a rooming house for 20 people, he said, he didn't think it would fly by the BZA.

"I'm just in favor of it, I guess," said county surveyor Dick Kemper, who also serves on the plan commission. One of the reasons the plan commission is looking at the amendment is because a man recently wanted to start a group home for men just released from prison. Kemper said residents wouldn't want such a place in their back yards, so if a group home or rooming house isn't allowed in agricultural districts either, he asked, where were they going to build such a facilities?

Kelly Easterday, plan commission member, said there is a distinction between a group home and a rooming house. Snyder said the state legislates what is a group home. The only criteria for a group home is if the establishment houses the mentally handicapped, the physically handicapped or abused women. The state requires the county to treat those group homes as a single- family residence, and they are the only things that are considered group homes. Private convenances can't prohibit group homes.

Haffner asked if limiting the number of persons in a rooming house would be more comfortable for everyone. Virgil suggested doing that in agricultural districts only. Hal Strong, plan commission member, suggested limiting the number in an agricultural district to 20 people. For a rooming house for more than 10 people, plan commission member Kevin McSherry said, the house would have to have an exceptional kitchen and bathroom facilities. Snyder added it also would have to meet the state fire marshal's standards, including having a water sprinkler system.

Strong then suggested the plan commission may just want to leave the county ordinances as they are and not add the amendment. Haffner said the more they talked about the issue, the more it seemed they have their bases covered by current ordinances. Strong made a motion to discontinue the discussion on the amendment and the plan commission unanimously approved the motion.

Dan Richard, area plan director, said if the commission wants to bring it up again, it would have to be readvertised and reheard.

In another matter, the plan commission approved Russel Fahl's petition to rezone ground from an agricultural district to a residential district. The property is on the north side of Old Road 30E, 1,274 feet east of CR 300E in Wayne Township.

Richard also announced Warsaw's plan commission and the county plan commission will meet jointly Monday at 7 p.m. in the city council chambers.

Members of the plan commission present included Vic Virgil, Charlie Haffner, Kelly Easterday, Norm Lovell, Dick Kemper, Don Arms, Kevin McSherry and Hal Strong. Not present was Barbara Carwile. They meet at 1 p.m. on the first Wednesday of every month in the county courthouse, Warsaw. [[In-content Ad]]