BANI Newsletter- January 2010

The following article appears in "The Higher Standard," the newsletter for the Builders Association of Northeast Indiana. http://www.ba-ni.com/

This is the first of many articles from the Steuben County Plan Commission in this newsletter. We are excited for this opportunity to share information about our Zoning and Subdivision Control Ordinances and all things planning and believe it will be beneficial for the building community and this office.

As many of you already know, Steuben County recently adopted its first new Zoning and Subdivision Control Ordinances since the original in the early 1970s. It was a much needed update; but no ordinance can be perfect.

In an effort to make sure our ordinances stay current, the Plan Commission will conduct annual reviews to make adjustments as conditions change or problems are identified.

Today, we’ll look at some of the proposed ordinance changes the Plan Commission is considering this year. Please contact this Office for the full list and text of the proposed amendments.

Basements on Sloping Lots. The current definition for a basement works pretty well, on flat lots; it does not work so well on sloping lots. The proposed amendment will add a different definition on lots that slope downward twelve feet or more from the adjacent roadway. We will look at the corner of the basement closest to the roadway rather than the entire perimeter. In order to be considered a basement, at least 75% of the distance between the floor and ceiling need to be below the natural grade (prior to and after construction).

Accessory Structures. The present ordinance only allows one accessory building (detached garages, sheds, boat houses, etc) per lot, no matter how small or large that lot is. (Accessory buildings used for agricultural purposes and one gazebo do not count towards that total.) The proposed amendment will allow for up to two accessory buildings on lots that are two acres in size and larger.

Retaining Walls. The present ordinance requires all retaining walls to be setback at least two feet from the property line and to be no taller than four feet (unless receiving a variance). The proposed amendment will allow for a zero setback if the neighbor writes a letter of non-objection, similar to fences, and allow for concrete retaining walls to be up to seven feet tall if a railing is installed.

The proposed amendments are on the agenda for the next Steuben County Plan Commission Hearing, Wednesday, January 6, 2010. Members of the public are encouraged to attend and voice their opinion. The Plan Commission may table the amendment to a later time or forward it to the County Commissioners with a favorable, unfavorable, or no recommendation. The County Commission is the body with the authority to make any amendments official.

Please contact this office if you have any questions or suggestions for future topics.