Common Council - Regular Meeting

that was a good pairing that the committee really wanted to work on. Seven is your procedures. So, it's all these fun flowcharts um in there and it goes through all the procedures. And then eight is definitions. We define lots and lots of great things in there. Um so, your current ordinances

helpful and everything is hyperl in the document. So it says, you know, C section, whatever, it's hyperl and it pulls you right to that page. Um, okay. So, we're going to run through some of these chapters, some in more depth than others, right? Um, the first chapter again just talks about our general provisions. So those are some of our introductory provisions like our jurisdiction and basically our authorization. How do we we have the power to do this? Um that second section in there talks about if there's an application that's been submitted and then you adopt this thing, right? We we don't make them start over, right? They've already submitted a complete application, they get to continue upon their path, the rules in place that were when they started. Um and then powers of duty. So this is your administrator, which is your planning director. um plane commission and BCA, like what are their powers and duties? And that's really pulling from state statute stuff. So, I'm not going to go into details in this chapter today, but if you have questions, we definitely can. Um, and we're just going to try to focus some of our time on things that might be uh more discretionary, right? We can't change state statute quite that easily. So, our second chapter, that's the district one. That's a that's a big one. Um, so we first section in that is general provisions. It talks about again it doesn't matter where you are, you still have to follow our flood plan regulations, [cough] right? [clears throat] You still have to follow all of our basic things. You either still have to have sewer or water. You still have to so outline some of the basics within that stuff within that. And then for each of our zoning districts, we go through and I'm going to show you in just a minute. We talk about purpose, the general standards, lane uses, and development standards. So, I'm going to show you show you an example and we're going to walk through all of those for that in just a minute. So that goes through everything. And then we also have our table of permitted and special exception or conditional uses that we'll go through here too. Um, so that's kind of everything in chapter 2 as we get started on this one. And this is the one we'll probably I have

the most on. So if we spend the most time on chapter two and don't worry about that, we're going to get through these here still. Um, so chapter two, I wanted to show you kind of your current zoning districts and what the new one is, if that makes sense because that's always a very common and legitimate question is like, well, I was zoned this, so what happens now? Um, so your existing zoning map, I can always say it's converted, right? It's not like we're changing the districts on everything, but if it was AG and now R1, it might it might have been called R4 before, right? It's a name kind of change. Um, I'm going to walk through each one of these just so you can kind of see this. Your current district is a so it's the one on the fire side here and the close side that is your new district so name didn't change. Um again we can walk through the standards here. A couple the standards might have shifted here or there but a is a still residential agricultural is still the same thing. Hillside is still the same thing. Open space is still the same thing. Finally I have something that's going to change here. Um low density residential. It was currently called R4. um which was definitely a a probably a previous way of naming things it was by density, right? So generally you were allowed four units per acre. Not really because when you start to look at taking out roads and things, but that was like a that was definitely a a ' 80s 90s practice of naming residential districts. We're going to call it R1 now. So we're just that's much more of this kind of standard out there. So again, your name's going to change on the map here. Um R8 is now R2. So again, um this is just kind of aligning with more modern practices. R32 is just now called R3. So it's R123. That's more standard. The one thing other here is that you have a residential manufactured home park district right now. That is going to just be wrapped into your R3 district. It's not permitted by right. It's still a special exception. So it's not

something that's um going to I don't think cause issues. Um that is definitely a more modern practice with the amount of changes in state statute in the last sevenish years. Um they've we haven't really had significant changes in the last two years on this on these statutes, but it's starting to kind of push that way as well. Um so it's not permitted by right when you look in your use district. It is special exception, which is what you guys currently call conditional uses. We'll go through that here in a minute. Um but we'll we'll bring those into an R3 district. And I believe that's what the counties is as well at the moment if I'm [snorts] remembering off the top of my head. um your HDR district is still your HDR, right? That's the historic residential, but we have two districts we're going to wrap into that HDR. The professional um pro, which is professional research and office, there's only six parcels that are zoned at and it's like the tourism building block. It's like right there on the edge of of CBD. It's got a lot of HDR around it and some industrial actually. um so that it would be it it the the that use would be um permitted by a special exception or conditional use. So that's fine. That means that that's not non-conforming. We don't want to create a bunch of non-conformities here. That's the goal, too. Um and then the specialty district. This was like a kind of mix of a lot of things. Um it was really a lot of residential. We went through all the blocks that had those. It's mainly residential or these little small like businesses in a house, right? Um, and so again, HDR would allow that business in a house by a special exception, conditional use. So, we're going to bring that in there. So, they it's not going to create nonconformities there either. Um, so Riverfront, I didn't touch that one. Um, local business is still local business. General business is still general business. CBD is still CBD. Um, we did add one new district called aviation business. So, this is under the industrial districts. This is only going

to be the parcels at the airport owned by the airport. Um, and that is just to help alleviate some FAA, you know, things in terms of just regulations. Um, we'll go through those regulations here in a minute, but that was the intent of that. Um, your manufacturing, the name change to light industrial instead of manufacturing. Again, that's a name that was much more used in the 80s and 90s, and it's more than just manufacturing nowadays. So, and then the same thing with heavy, we change it from manufacturing to industrial and use the Y2. Um, and then the last thing is PUB. You have one today and we're going to have PUBS in the future. Does that make sense, Josh? I'm the pro district today. How does [clears throat] that way everybody can hear you?

And then the reason the reason we're reason we're using the microphone is so that uh it'll translate to the streaming. Okay. For the pro district, how does it vary today from general business? Yeah, I mean it's it's definitely not used because it's again it's that one half a block or block down by the tourism kind of building an area. Um it and I can go through some of those regulations.

It's really unclear. I don't know why it's in there honestly because it's not used. Um the it's not significantly different from some of your other districts. So I think that's why it's never been used. They either pick local business or general business. Um, and I don't know the history on why just those I think it's like six parcels were zoned that. I don't know the history on that either. So I I definitely think it's not needed. All right. Thanks. By all means. Okay.

All right. So the one other one I was going to touch on then before we get into the standards for each of these districts is overlays. So um we are going to establish this is establishing three overlays but these overlays are already in effect by other ordinances right. So these overlays are really being used as like red flags so that when we look at a zoning map and a property owner or a developer, whoever it may be, looks at a business, they look at the map, they're like, "Oo, I'm in a flood plane. Okay, better go pay attention to that." Right? And also staff. It helps the staff when they look at it, they're like, "Oh, flood plane. Go visit my friends at DNR." Um, yeah, it helps to to alleviate issues with things getting missed is the goal here. So the first one is a flood hazard overlay. um whether you adopt the the overlay or not, the same regulations are in effect. You have a flood plane ordinance already and you have DNR in FEMA. I mean, so all this is saying is we're mirroring DNR uh flood hazard zones and we're just putting it on our map as an overlay to say if you're in that, you got to go comply, right, with local flood plane ordinance and with the state feds. So whether you adopt it or not, it's still in effect. It just is helpful when you see it on a zoning map. It helps definitely staff too to be able to recognize and say, "Oh, I need to make sure it's one more level of like, you know, checkpoint." The historic district overlay. Um, so same thing here. Um, this is again in effect already. Um, you already have it. It's a standalone ordinance that's not being repealed by this. So your board of review, all those design standards, we're just making it again, it's [snorts] another layer. If a if a homeowner or someone buys a house, right, in a historic district, and they have no idea they're in historic district, this helps. Hopefully, one more place you can catch that, right? And then the final one is airport protection overlay. You don't necessarily have this as a local ordinance, but this is the federal

government. So FAANDO office of aviation. Um whether we put a lot of this in effect to whether we put this into effect today, most of this is already going to be regulated. So, it's looking at height zones. We can't have things interfere with approach zones. And then noise zones. Um, we don't [snorts] want to have someone move next to the airport and then complain the airport is really loud. Um, so we'll go through those here in a minute, too. So, whether we adopt those overlays or not, they're largely in effect anyway. Okay. So, on your districts, when you look through the the the chapters, um, you know, through the actual report here or document, each, um, district has a page. It's going to have a purpose for that district. It's going to give us some general standards which are very similar throughout all of those. It's going to reference this little handy dandy section, right? And then it's going to give us the meat of development standards, right? So, it's going to tell us what are my setbacks, what's my height, what's the lot area, all that fun stuff is going to be in one little table versus kind of spread out. So, we're going to run through each district. That's good for you guys. Again, this is going to be the the larger chunk of the time. Make sure not hitting any courts here. That's kind of click. Um, so we'll start at the rural kind of natural districts. The a district is the first one. Um, so we also have kind of graphics in there. Hopefully those are showing through. I can't see from the side here. Um, that start to help explain like what is a setback, what is my lot width, how do I, you know, those types of things. How do I measure building height? There's like 10 different ways you can measure building height. Um, we've defined it very clear. So it there's not going to be debate about that. Um, so when we start to look at some of these, each district again will have this little table. Um, I like putting it in tables because it's easy to find, right? I don't have to read a bunch of stuff. So here we're looking at a 200 foot lot width. 1.15 acres is minimum lot size. Um, and then we're looking at 50 foot setback. And you'll notice in the rural

kind of areas, one thing that's unique to Indiana is we don't have um our rightway is assumed rightway in a lot of the county In the cities, it's usually been dedicated, meaning it's been dedicated as right away by a document that's been recorded. In our counties, we have what we call assumed right ofway, and it's assumed from center of road, one rod on each side, really edge of pavement. It causes issues because your prop your deed will read to the middle of the road, though. So, on some of our rural districts, you'll see or 80 feet from center of road if a rideway is not dedicated. Basically, same thing we did with the county. That just helps us if there's not dedicated rightway, we know where we're measuring from. Um because we don't want to measure from the center of the road if that's where your property line is. Um so then we're looking at setbacks of we've defined uh again um your side and rear and that's where we we break out most of these districts a primary versus accessory buildings. Your accessory might be like your shed or a detached garage or whatever it may be. Um it does not include fences. That's specified in here too. So, it's a 20 foot side and 10 foot rear. Um, one thing we've done in this uh in the ordinance is impervious surface. So, you guys use floor area ratio in some of your districts, not all. Floor area ratio is definitely not the preferred route to do. Um, that looks at how much my the comparison between my footprint, my floor area, all my floor to the area of the lot. It's it's not as um it's definitely not the preferred way. Um, so we did 10% because again, that's that's probably reasonable within this district. Um, and then we looked at structure height. So again, a lot of your districts don't have a structure height specified. Um, so 40T or 50 for a sometimes our silos and that sort of thing might need to be a little bit bigger. Um, and then we also added in minimum living area. That's something that you don't have in in I don't think really most or any of your districts

right now. Um, and then we also specify public water and sewer. So we don't require that here. Doesn't mean you don't need a sept deck. You might have well or a septic, you still have to have some method of, you know, disposing of waste. Um, so I've kind of tried to interpret your current definitely look at the unclears because those are the ones where it's not specified. So I'm defaulting to one sentence somewhere in your current ordinance that says an accessory structure shall not be closer than 3 ft to any plot line. That's how I would have to interpret that. So I wanted to kind of show you where we vary. So each one of these I'm going to throw out the current and again I tried to use it for the primary use of that district because a lot of them vary based on what your um the uses right within that district. I will point out this is one where we did tweak and go up a little bit on the lot size and that was really to mirror the county standards. So the county's minimum uh lot size and and lot width in the their a district is 1.15 acres and 200 feet. So that's why it kind of mirrors that to try to um kind of make sure those are those are really kind of joined a little bit better together. Yes.

Does that give us any does that give us any non-conforming current uses?

Um no, we did look at that. I don't think there's a significant there's not too much a zone in out if you take the proving grounds out. Uh in some of those areas like up towards that that are not going to be private, there's not a whole lot of egg in your buffet. Most things are are zoned residential agricultural. So it didn't really mess with that. Okay. So then we'll go to residential agricultural. That's what most of your buffer is zoned. Um so we are looking at lot width of 75 ft with sewer or 150 without. Um and the minimum lot area is half an acre if you have sewer or an acre without because we got to put a septic in there. Um front yard setback is looking at 40 foot setback. um 20 for sideyard and 20 for rear. And now we moved up to 40% impervious because we've got a smaller lot. Yeah, that makes sense. Um looking at a 40 foot height and then 20 for your accessory structures. We're not requiring sewer, but we are uh public water is required. And the reason for that is public water is everywhere in the buffer. So everybody has access to that public water is what it sounded like. Um, sewer, I'll give the caveat. It's not required, but if you're within 300 feet of a sewer line and they have capacity to put you on there, that's when you can be you can by state statute be um made to get on with new development, not existing stuff. New development like a new subdivision comes in or something. So, your current things on that again, we tried to stay kind of in line with that one. Um the 150 feet is already in there. The one acre um your front yard varies a whole lot. It didn't have a good consistency. Um so it really it's 25 ft for a dwelling. It's within 25 ft of the dwellings within 300 feet on each side. So you have to find the dwellings on each side. You have to be within 25 ft of the average of those setbacks. But it can't be closer than 40

feet on like local roads or 60 feet on, you know, collector arterial roads. That was a lot. Um, we want 40 feet. That's a pretty standard for this district. So, questions on that one. But again, you get some unclear stuff. It doesn't specify a rear yard setback. Like your current, there's not a rear yard setback specified. So, it's like, uh, we need to specify that. Okay. I'm gonna keep moving unless you got Josh. the there it is. So for the RA there was not a need for the 50 foot uh limit for the agricultural silos and stuff.

No, because it's most of those lots it doesn't appear that they are really a you know what I mean? It's much more of um it's kind of like me. I want to live in the in [clears throat] the country and have a couple acres, but I don't want to have all the egg stuff. You know what I mean? But my husband does want the huge barn. So, okay. So, we get into hillside. Um I'm going to go ahead and throw up your current ride so that might be easier for you guys to kind of look at. Um so, we didn't change the lot width. It's still 150. We still kept um an acre as your minimum lot size. Your front yard again is that same varying and I again I'm pulling the the set back for um the primary use which would be a house more or less a lot of these. Um so it's within 25 ft of the average of the dwellings within 300 feet on each side um but not less than 40 or 60 feet depending on your road classification. So, we again consolidated that um to go with 40 ft. Um 20 for your side, 20 for your rear. And then went back down to 25% on previous cuz you're on the hillside. Um and then we left the height the same, but did measure it from the uphill elevation instead of the average uh or sorry, we measured it from the lowest finished floor elevation instead of the the uphill because that gets a little tricky. Um, minimum living area here is 950 square feet. And then it is required to have water and sewer if you're in city limits, not if you're outside, but these are all, I believe, within city limits anyway. So, okay. Open space. Um, again, we didn't necessarily we kind of uh looked at some of this. a lot of your open space parcels are non-conforming um or the uses aren't even permitted in those because like parks is not a permitted use there. Um so we did specify some

things. So you currently have like 150 foot lot width and an acre minimum lot size. Um but if you look at the uses on open space like we really want those to be open, right? So we we didn't keep the minimum lot area or width just because if it wants to be open space that that's good, right? Let's let's grab that. Um, and then we did reduce some of those minimum setbacks too. Um, well, just for the front yard. So, it was 50. We went to 15. Um, because a lot of when we look through the uses, that's not necessarily going to be an issue, I don't think. Um, your current side and rear, it's 15 feet plus one foot for every foot over 25 ft. Like, we just let's just be based on the uses. And it's because you weren't regulating height prior. You don't have a max height. Now we have a max height, right? So let's just negate that issue. Um it's now 30 feet. You didn't you currently don't have a maximum height in open space. So um now that we have a max height, we can just set one set back. That's much easier to understand. All right. Okay. Next one. R1. So this is currently called R4. Still going to keep the same um lot width. Your minimum lot area varies a little bit. So it's a quarter acre currently. single family or a half acre for a duplex, but not a maximum density of more than 48 units per acre. That's your current like um lot size. So, we just went with the half or the quarter acre. Um when we look at your front yard setback, we went with 30 ft. Um again, right now it's 50 feet, which is makes a lot of your R4 current R4s non-conforming. Um there are issues with a lot of plotted subdivisions that just don't meet that. If you're on a quarter acre lot and have to set back 50 feet, like that does the math doesn't really work very well. Um, so we went with 30 feet, which is much more reasonable. We do talk about a 10 foot for single family attached if you

have a rear loading garage. So that is a town home, a row home, something of that nature, right? So we let them come a little closer to the road if they build their own little private alley in the back, right? To kind of get a little bit more of that feel. Um, and then our uh sideyards is 10 feet unless obviously you are attached town home, then you're going to be zero. Um, and then your rear is 10 as well. So, currently it's unclear on your rear. I I would personally interpret that as 3 ft because it doesn't state it. Um, you did have a 0.5 floor area ratio, which again, we we're just translating that into imperous surface now instead. Um, and max height of 30 feet for primary, 950 for living area, and have to have water. keep going unless you guys holler out definitely if you have questions. I just don't want to go too fast if somebody has something. Um so your R2 which is currently your like medium density one. Um we're still looking at the 40 foot lot width. Currently your lot is the way your lot area reads is a little weird. Um it says 5,400 square feet or eight units per acre. It's we're still just saying 5,400 square feet per dwelling. So, if it's single family, it's 5,400. If it's a two family, double it. Um, currently yours, your setback for the front yard is 20 to 40 ft based on road classification. Um, we went with 20 because really the 40 is on your really big roads and those have a lot of dedicated rightway and we're kind of accounting for that anyway. Um, when we look at then our side, we're looking at eight feet. So that was brightened just a little bit, but again trying to kind of match what is on a lot of these areas out there today. And then your rear is 10. Um that one I would have guessed three because it's not stated. And then we're upping a little bit on the impervious just because we're getting a little more dense. Um and then

40 foot height and 950T um living area. R3. So this is our um not I guess we have one more HDRs next too. Um but R3 is one of those that this in our ordinance again it's um apartments and that sort of thing. It's also the manufactured home parks as a um conditional or special exception use with additional standards that we'll touch on in a minute. Um so this is looking again 30 feet um or 25 for single family attached. So it's our town homes because we need those to be a little more narrow. Um 4,400 feet per dwelling unit. So whether you have one, that's 4,400. If you have eight apartments, multiply that by eight. Um, front yard setback is going to be 20 feet or 10 foot. If we have those town homes with the rear garages, we did bring that in a little bit, but again, I think looking at the dimensions and what some of these lot areas are, that is very appropriate. Um, so then your sideyards for a single family, two family, it's five feet. Um, all other things it's going to be 10 feet. So that any apartments or anything like that will be 10. Um and then 10 on the rear. And we did this one did it was one of the few districts you have a height specified. It's 45. So we just left that. Um and then uh living area is 950 for single family and two family and 600 square feet for multif family.

Okay. So HDR um currently you have a minimum lot width or area. So, we've left that alone as well. Um, currently it's it's really not stated that you have a zero foot lot line. When you look at the HDR parals, all very significant portion of them are have a zero foot setback. Like when you go down like West Main and that sort of thing, they're all built right on the lot line. Um, I said it's unclear because it's not specified saying it has a zero foot setback. So, I would have to take the more conservative interpretation, right? So, we went with what is out there today. So, we did a zero foot setback there. Um, three on the side and rear yard, which is what it currently is. Um, and then left the height the same as well. Um, this is one thing that we did kind of work into HDR because it has some like commercial or retail uses by conditional use or special exception approval. We went ahead and put I like to put a max ground floor area on those. So like if a little you know business wants to move into a house or something or that they can't build a huge structure right like the idea here is it's it's that like small quaint scale. So it's 10,000 square foot is the max ground floor ground floor area the footprint of a structure that just keeps that scale down too. Um and then 600 square feet for minimum living area.

Yes.

In HDR sorry Thank you. in HDR on the BZA a great deal of applications that we have [clears throat] 30% maybe are people who want to either rebuild a structure on an existing footprint which is too close to their lot line which under the old ordinance was 3 feet or they want to add a porch or something in line with a wall that's too close to the lot line. Would it be possible to put in this ordinance a provision that in cases like that they wouldn't need a variance?

So the front law, the front um setback is taken care of by saying zero. So that's good. We don't want them on the right of way. Um but you can go up to the right ofway. That's fine. Uh so that takes care of that one. Um the side then would be the only other thing. We left that at three because feeling like that was probably the most prevalent thing out there. um and not necessarily wanting to do always a zero on that. One thing we've done and we can do is sometimes I'll say again it is three feet unless you look at the three parcels on either side of you you could take their average setback. That's something that is common like a practice will do just to say okay if your three neighbors on each side are doing it then we that's an alternative without having to get a variance. Is that something to kind of consider?

I'm gonna make a note. If it were up to me, I would just simply include language in HDR that just says that if outlining the conditions that if you're rebuilding on an existing footprint that's non-conforming with your [clears throat] sideyards and or if you're adding [clears throat] onto your building in line with an existing wall that's nonconforming that a varian It's the only approval needed would be something to the effect [snorts] the building inspector or somebody approves it. It just seems to me that would save an awful lot of variance of standards applications that people are stuck with

and we can so our non-conforming um section so state statute changed a handful of years ago too that if there's a legally nonconforming residential structure it's still going to be used as residential. It's not a [clears throat] flood plane. couple things like that. It can be rebuilt as was, but one of those triggers is a historic district and HDR is all in the historic district as well. Um, so we can look at something like that. That might be a trigger instead of using the average that we can allow those residential structures to be rebuilt as long as they were legal to begin with. Um, I'm making it up. I'm making a note for question mark. So I think that's something we can even look there. It might be a good a good way to do that too because we don't maybe want to [clears throat] new ones that weren't there before to do that. But if it was already there, we can have a little more um ways that they can rebuild the same thing, same footprint is what you're saying. Okay. Good thought. Okay. Riverfront District. I did not touch this one or change anything on that one. Um so I I wrote what was in what you currently have adopted. I just translated that. Um, so I'm not going to go over that one necessarily because I just took your current ordinance and moved it into this one. Um, local business then was the next one. So, um, currently you don't have a lot with we went ahead and added one on because I think again here it was probably a good practice because we're trying to really in our in my mind this is like the this is the smaller businesses, right? This is not the big guys. Um, so we went ahead and added a 50 foot or you had a 50 foot, sorry. I don't think those are necessarily needed on this. Um, business parcels by the time they get everything they need in there, it's going to be that wide. Um, when we start to look at minimum lot

area, we did do a quarter acre. Um, right now it varies. It's a maximum of a half acre or a quarter acre if it's adjacent to a residential district. We're going to limit the scale of this in other ways than lot size. um if they want to be on a little bit bigger lot, they're still not getting a bigger building based on the standards here. So that just gives you a little more buffer between you and the neighbor then. Um so we did look at a front yard setback of 20. Um right now it's not stated, so I would have to interpret it with that one sentence, you know, and there that says no no structure should be closer than 10 feet from a front property line or from a rideway line. Um and the same thing on your your side and rear. Those are really not stated. So we've gone with 15 and 15. So on front and rear for your primary I think that's very reasonable. Um structure height we that is one again you did have a structure height specified so we left 30 feet there but the way we're really controlling the scale is through the ground floor area. So um that 10,000 square foot. So a footprint of a building can't be more than 10,000 square feet. That makes it smaller. Um that makes it a smaller scale. It's not going to be this giant thing. Questions on that one? All right. All right. Some general business. This one was very interesting because your general business district is like we're just going to figure it out when it comes to plan commission. Like that's literally what it says. It's all like to be determined by the plan commission. That's not a good practice. That's not being able to like apply things equally and consistently across the board. Um so [clears throat] we actually set some standards for these. So again, lot width and lot area I'm not ever really concerned about. when we start to get to business districts, they take care of themselves, but we did set do some setbacks. So, 40 feet on the front, 20 on the side and rear. Um, and then a 50 foot structure height. So, this is your bigger things. This is like the Walmart. This is the, you know, the grocery

store. This is the the bigger things, right? The strip malls, that sort of thing. That's what this this district's going to be. Okay. All right. CBD is our next one. Um, so again, a lot of your standards, we tried to to somewhat match those. Um, but we don't need a minimum lot width or area because it's downtown. Um, we specified it needs to be placed on the property line, the front setback. So, it's a zero minimum maximum. We're telling you where to put it. That matches more of your historic district guidelines. Um, right now it just doesn't say in your ordinance. Uh, and then we did do currently it says it's a three-foot setback. So like all your buildings on Main Street have to have a three-foot sideyard setback, not a common wall. That doesn't make sense. So we went with zero. Um, the rear though we did say is three foot rear if you have a public alley. And the purpose of that is like trash trucks or anything else that's going down there, they're going to hit you. Uh, so we want them off the alley a little bit. Um, and then 45 foot height, which is nearest your current and nears your store district. Okay. Um, so aviation business. This is the new one. So there's nothing on the little red text put on the side here. Again, the purpose of this one is just the airport partials. Just the partials owned by the airport. And FAA has their own thoughts on things. Um, my favorite variance I ever had to get was for um a large uh partial distribution that they were required to put sidewalks next to the runway. not going to happen, you know? I mean, it just doesn't make sense, right? Because that's what the zoning ordinance said, but obviously FA has something else to say about that. Um I mean, and it was a it was a it was a gimme. Okay. Yeah, I understand that, but we had to go through the process. Um so, we're looking at 40 foot front yard set back, 20 rear side. Um and then the height is

40 foot unless it's required for aviation per like FAA. So, you know, if you ever had um you know, a tower out there or something of that nature FA is going to make us do something, then obviously we're going to do that. Um so, we kind of left that a little bit. Uh again, it just helps them to be able to kind of navigate their requirements. They're going through a lot more approvals than local approvals. So, [snorts] um and then our I1 um so we left the 10,000 foot minimum lot size. Um again, on your setbacks. There's no setbacks dated for these, which is a little scary. So, we went with 50 for front yard. I think that's a very good standard average and 25 side and rear. Um, and then, uh, we went with a 50 foot height. It was only 5T more than what it is currently, but just to kind of match the other districts we did. Okay. And then your I2 that is um, currently your minimum lot area is only 10,000 square feet, so it doesn't make a lot of sense. Um, so we did up that. This is heavy industry. This isn't just like the light stuff. Um, and then again, your setbacks are unclear. So, we've specified 75 for front and 50 for side and rears. And then upped a little bit on the height as well. Sometimes they do need that. Right. So, PUD is our last actual district. This is always a fun one. Um, I don't think you have any PUDS today. Okay. So, PUBS, um, there's a with those, right? The essence of a PUB is very, very good. The intention of that is for something that is just so unique, right? But doesn't fit any of our zoning districts, right? It's for one of those things that they you have this great idea of like mixed uses and different things happening that we need to write our own rules. A PUD though is basically its own zoning district. So remember that when it comes to you guys, it's it's a reszoning, but it's resoning and

they're making their own zoning district. So, they make all of their rules for the zoning district, not subdivision though. Make sure that's clear. Um, in our ordinance now though, your current ordinance is kind of like very not descriptive of what it is. We are much more descriptive. We are going to make them um they have to specify all of their lot and structure standards. Those little tables we went through, they have to fill it out. Um, I one of my pet peeves is that in Indiana you can do a PUD by by development plan, that little site and the plat looking thing that they give you and that's all they've put in there. That's that's it, right? And you're like, well, you told me a front, set, back, but like what are my side? What's my rear? What are my uses? What are my building height? What's what's all the other rules? You told me like one rule, right? Um, so we we would make them fill out this little chart here. Um, and we would also make them tell us what are the permitted land uses. Is it just single family residential? Is it something else? Um, we also make them specify all these use standards that are in our ordinance. Um, if they're going to not apply, we need to know. If not, guess what? We're saying they apply. And then same thing with our site standards. So, that's another one. Again, PUB makes its own zoning rules, but they won't ever talk to you about signs or about or not a lot of times signs or parking or any of those things. [clears throat] We're making them say, tell me what the rules are, and if you don't, then we're going to use our rules, right? Our adopted rules. Um, so that's kind of what your PD, but they shouldn't be used to circumvent your zoning districts. You shouldn't be used because it's like, oh, well, I just don't want to go get a variance for this or a waiver and I'm just going to like, you know, finagle it and make this happen. It really should be a unique kind of thing. Um, questions on that one because I know that's a different Yes.

Could you give us an example of what

a good PUD? Um, I'll give you an example with a caveat of like the fanciness. Don't take that. Norton Commons, right? Because a lot of people here are familiar with that. That's great. Like you have this little core center of like retail and living and working happening and then it organically comes to like town homes and small lots and then to bigger lots, right? So, that's a good example because it's it's different. Um, but if you had something where you wanted to [clears throat] integrate, um, a halfway decent one too, if anybody's familiar with Hawthor and Glenn, and I'll explain why I'll say this is halfway decent. It's like near Sersburg if you off 403 if anybody's familiar. The reason I say it's halfway decent is because they have single family homes, but they also integrate. Um, it's independent living still. Um, so well they're almost like uh either two or four plexes, but there's a nurses station and it's all um developmentally um challenged adults. So they get integrated in. They use the same pool house and it's in the neighborhood, but that's not single family, right? That's all one lot. If you drive through that section, it's all one or two lots, right? Owned by Rush like and then they should they were going to have better retail at the corner. Now it's a Dollar General or hotel or something. Um, so the idea they wanted to mix those things into the same subdivision and you would had to reszone this, this, and this, you know, R1 and this R3 or something. So that would be a decent, again, something [clears throat] that it's combining uses that just aren't permitted under the current.

Yeah, new urbanism. That's for sure. Yeah. If you want to have like this, again, that kind of idea of you have some sort of core density of housing and retail or something and then it transitions out, right? That's that's a good because you'd have to either zone everything really dense which might be a little scary to the community or you'd have to like partial these things out before it's partial out. So that makes sense. Not when they come in with just single family houses because they don't want to follow the zoning rules. That's not that's not my duties because then that's hard to administer because I've just got another zoning district. I got to know the rights for it. So, our overlays, I'm not going to touch on these too much, but again, this is just going to mirror the DNR maps, right? And as the DNR maps are updated, this automatically just mirrors that because even if we don't, they are going to tell us we have to um your historic overlay. Um I didn't throw the map on this one because it's not in your GIS system, but it's the same thing is we're not changing that district. Like, it's it's just taking the district, we're mirroring it. It mirrors your other ordinance that is adopted. The overlay is one that's a little different. So, it's um the airport and also your helport helipad out at the new new hospital. So, those are two that we need. Again, whether we regulate some of this or not, it's going to happen. Um so, it also provides for review by the Madison airport to eliminate some of those issues where development might happen and they're like, "Oh, you built something. Guess what? It's too big. It's in my flight path." Ah. You know, so it helps to reduce conflicts. We don't want people spending money doing things to then have to undo them. Um, so it has two subzones. The first is a height limit zone. So the one on your left um is the airport and you'll notice like there's this odd like straight line. That's because that's the end of your jurisdiction and the beginning of the counties. The county is something similar. So it continues just not in your jurisdiction. This is the area that basically um again we've worked with the

airport on this and they've reviewed it and they're They're good. We've made some tweaks with them, some good things. Um, when you really look at the FAA's flight, there's multiple threedimensional cones coming out from your airport, right? Um, it takes a lot of thought process brain power engineer, somebody else to figure out when it talks about, well, this this approach zone goes out at a 1 to 40 angle for, you know, this many 10,000 ft and then after 10,000 ft, it goes at this at this type of slope for another 40,000 ft. And then on this side, you know, it it gets a lot. So, what we've done is we've simplified it. We've said the max height in any district is 60 feet, right? You can't be above 60 feet here anyway, unless you're a cell tower. That's another world. Cell towers know the rules. We'll we've already taken care of them. So, 60 feet is our limit. So, all we really care about is where can you be 60 feet within those zones, right? Within those slopes. Um, well, this is about it. It's it's a little it's about 6,000 ftish. So, we've just gone out and simplified it. Again, gone out from the boundaries at the airport rather than the runway too or the end of the runway. Again, that allows them to expand if they're going to expand the the runway on those parcels. We're good. Um it it all it is is it's a red flag. So, all it says is if you're in the zone, go talk to the airport, talk to FAA and do and if they're good, we're good. You know, it's just making sure nobody builds something and it has to tear it down. Um, so the other one is the the helport helipad. Again, we've just used the partial boundaries for simplicity here. Um, it's still governed by FAA. Uh, and that's much solid, smaller. That's I think 2500 uh feet because helicopters don't need they can go up and down a lot easier than airplanes. So, questions on those. I want to make sure you guys understood what those are. We're not putting additional rags like in that aspect. FA is going to come do their thing anyway. So, the noise is the other one. We don't have that around the

helipad because They're not quite as loud um or it's probably frequent um as the airport. So again, this the intention by FAA dot is what this is like. You don't build next to the airport and then you're like, "Oh, those airplanes are so loud." Um they were there for so it's more of an acknowledgement. It doesn't mean you can't build. This means that you the end do process is basically you have to get a noise sensitive or uh permit. You record something through your deed that says, "I understand there's planes and they're loud and I'm building to it voluntarily. So I can't complain. Um the one thing we did with this is um so um INDOT FAA they regulated 1500 ft on the side of a runway and one nautical mile on the ends of a runway. Right? So I try to talk I'm point real quick. So this would be the side of your runway and that would be the end of your runway just to orient you in case you because there's not an aerial under that. So, we did go one nautical mile down from the end of the property line because it's just easier. And then on the side, instead of going 1500 feet, we did work with the airport and went 3,000 ft. And the intention is again not to prevent development from happening, but it's to just have those folks acknowledge that they might be loud, right? So, 1500 feet, they have to get a permit from INDOT. Between 1500 and 3,000 ft, [clears throat] they don't have to get a permit from INDOT. All that we're asking to do is record something with their deed saying I understand I'm next to an airport and it might be loud. So not preventing it just making sure really also it's when the next person buys that house it's hopefully another place they find that right they are aware of it. Okay questions on that. [clears throat] Okay told you this is the chapter we're going to spend the most time on. Um so also within this then we have our permitted use tables here and a section for that. I'm going to go over the the the legend first because it's different

than what you currently have. I want to make sure we understand that. Currently, you have X's which mean permitted. When I first picked up your ordinance, I thought that meant prohibited because that would be more common. X means like, you know, do not go, do not pass. Um, so we're updating this to just kind of be a little more standard. So, where you see a P under the zoning districts, these first chunk of mine's upside down. Sorry. These first chunk of columns, that means it's permitted by right. So, you can do that, right? You don't you still have to get a building permit and things like that, but the use doesn't have to be approved. Um, PLF or - S, that means it's permitted by right, but chapter 3 has some additional standards for you to follow. You still have to follow. It's still permitted by right though, right? [snorts] But if you are a um sexually oriented businesses coming to mind, we definitely have learners on that, you know. Um, if you're one of those uses, you still follow the standards, but you're permitted by right. Um, that one would not be. That would be a conditional use. Um, and then A means it's permitted as an accessory use, right? So, that means it's not the primary use, it's something else. Um, but by right, so we don't have to have approvals. And to remind you guys, we're regulating parcels, right? We don't regulate what's within the right of way. So, we don't regulate like a bus stop or things like that. You got a trolley stop. that's not it. We regulate partials, but then the right of way is regulated by board of works and other entities in the city. So then we also then have special exceptions. So you guys currently call these conditional uses. Um down here in the southern area, we definitely like to get things mixed up between us and other side of the river. Um so we'll go through a couple of these too when we get to the the processes, but conditional use, you can call them conditional uses. Most Indiana communities, vast majority come special exceptions. That's how it's outlined more frequently in state statute. Conditional use is a Kentucky term. When

we get to the processes, conditional use permit is 100% a Kentucky thing, not an Indiana statute thing. So, we're going to talk about that, too. Um, that's in Kentucky. That's a whole different process. You have to do that annually until it's permanently fulfilled. And I don't like to do those things. So, that's not an that's not an Indiana thing. Same thing with some of our terms with plats. Um, it's not a final plat in Indiana. It's a secondary plat in Indiana. Kentucky calls them final plats. Um, so S just means it's permitted by special exception, which is what you guys currently call conditional uses, right? So it requires that public hearing, public notice, public input, and a approval by BCA. S-s means it's still a special exception, right? But we have those standards, right? So I don't care if you still have to go to BCA and get it approved. We still set in your baseline, right? And any special exception can have additional conditions put on it by BCA. So even if something comes in and it's a whole, you know, very unique thing and they need to put other standards on it, BCA can do that. And then finally, if it's blank, it's prohibited, right? And then the unique thing too is we have our overlay districts. These little three on the side here. This when we when we work through our districts, your use is regulated by your base district, right? The only thing that we do put a little extra on is we then prohibit things in the overlay districts, right? So if you are um use general business, right, in the historic district, something might be appropriate in general business, but maybe not in historic district, right? So we would then prohibit it. So X is over here and the little key, it printed out a little funny on your handouts. It looks correct in the the PDF. Um X's just mean it doesn't matter if it's prohib if it's allowed in the base district like your zoning district. If it's xed out, you can't do it in that overlay. Um so the only things we really look at are flood plane. There are

things that shouldn't be in a flood plane, right? Um confined feeding, right? We don't want confined feeding in a flood plane. That's all going to go down the river. Um in the historic district, there's just some things like we probably don't want uh I'll pick the first one. I see correctional institution in a historic district, right? It might be permitted in a base district. you don't want it there. And then the airport overlay, the things we try to prevent in that are things that are really high density people wise. Um, and this is like that FAA guidance. Um, unfortunately, we just experienced some of that that if uh you have a plane, not make the runway or crash, and it's an apartment complex or a nursing home or a hospital, that's a really big deal. warehouses. Hopefully, we have less injuries and fatalities and casualties. So, that's the goal of prohibiting things in the airport overlay as well as things that attract a lot of birds, geese especially because those don't mix with airplanes. So, that's the reason we have things prohibited in that airport overlay. Um, so I printed these out for you guys um so you can because that's one I know everybody usually wants to look at in detail. I'm not going to go through them all here unless you have a question for them. But we do I want to go through a couple uses at least. We do have them categorized by like type of use. So ad uses go first. Um and again you see like the A's and the P's and the S's. Um we also then go into commercial uses. So one thing I was going to point out is general retail. So, one thing in your current ordinance, it's very, it's a modified version of um like a use classification system that has way more uses, but it gets into things like I think yours had like women's shoes, but not men's. Okay. Well, you can sell women's shoes, but not men's. Sorry. Um it's some of those get very dated, right? Um and so, or shoe repair, but you can't sell the shoe. So, what we try to do is modernize your uses. So,

general retail, and these are all definitions in that last chapter. Um, general retail, I wanted to explain what that was. If you think of general retail, it's I'm going to buy something. I'm going to go buy this pen, right? I'm taking something with me. I'm going to buy it. So, the examples are department stores, superto, retail, supermarkets, groceries, drugstores, and there's some caveats with um medical things with that, discount stores, that sort of thing. Josh, yep, this one. Yes. So, is it on? Test test test.

There we go. Um, one of the things that's [snorts] come up in the past with our current ordinance is that the um names of the land uses don't always have uh clear common definitions and there's no clear guidance within the ordinance for where those definitions should come from.

Yes. So ours are we have lots of definitions of those in there. So if you look through this list and then go to our definitions um I'm not going to say 100% of them like liquor store is not defined. Um we also in our definition state that if there is not a definition it is using the most current version of Miriam Webster dictionary. That's what we define it as. Then um liquor store is probably not something but right below it medical offices and outpatient that's defined um and it specifies exactly what that is. Um again professional office businesses is defined restaurant is defined event venue um serviceoriented retail we define the vast majority of these uses in the definitions and

is Miam's the Miam Webster's dictionary the best source of the that's the most common I would tend to use that um if there is also a question on that again that can be interpreted um your administrator has the ability to interpret these things I don't I like interpreting that. I like black and white. Um I've not run into issues with that before. Are there any national zoning organizations that publish definitions? Not that stay consistent for years and years. Okay.

That's why Marryiam Webster, it's not going away. You know what I mean? It's a consistent source we know is going to be there for the next 20 years, I would think. You know, so that's I think that continuity is important in my mind, too. Okay.

So, if you go through there, Josh, and you don't see a definition, you want it just mark it and I will make sure we have a definition for it. So, okay. Um, so the other one I was going to point out is serviceoriented retail. That is when I'm getting a service, right? So, I'm going to go to a yoga studio. They're giving me a service. I'm not coming out purchasing like an actual thing like a pin. Um, so those are things like instructional instructional services could be ballet, you know, uh, studio. It also includes food establishments and restaurants because I might be leading with something but it's in my stomach. Um, or will be in my stomach soon. Um, marinas and docking areas for boats, pleasure craft, that was specifically added because this is a, you know, unique thing to you guys. Um, service and repair, service and repair services and personal services like banks, um, you know, that sort of thing. And those are more elaborated in your definitions. I didn't want to take up the entire page, one slide on that, so I I took off the all the such ases. Um but those are expanded upon in their definitions. So there questions um we also again go through industrial and then we have residential and then institutional uses. So again when you look at those if it's an X in the overlays that just means it's prohibited right regardless of what happens in your zoning district it's prohibited. So um when you start to look at some of those hopefully that makes sense.

Yes. Um I can we use the mic. I can't hear what Tonyy's saying.

Yeah. Okay. He wanted to know. Tony wanted to know. I'll repeat it for you. Um if I could talk about wireless communication facilities, cell towers basically. So cell towers. Yes. If they're within the right of way, we have very little ability to regulate those. Um right now that's really more of like your mini towers. we have more ability in your historic district um through your your design port um your design guidelines on that like you can make them look like a a light pole and the historic board of review could do that. Uh we really are regulating them within a parcel itself. So um when you start to look at those it's on the bottom of the last page of your handout. We basically make them special exceptions in every district except for um the riverfront district. And the only reason I didn't do that is because it wasn't in the one you guys passed and I didn't want to touch that. So, um, left that alone. So, it's special exception and basically it's going to have to come through, you know, BCA to get approved. Um, we can't regulate some things with them now. We can't regulate their setbacks other than the fall zone determined by a professional engineer. So, they tell us how it's going to if it falls over, it's going to fall x feet. Um, and we can't regulate height of those anymore. So, that's state statute changes in the last handful of years. Um, but we can regulate them as a use on the private parcels and we have a whole use standard I'm not going to go through tonight because it basically mirror state statute on that. Okay, good question. Any others in that one? Okay, these that was the longest one. That was the one I wanted to make sure I got in most depth with you guys on. So, bear with me. Um, so I'm going to go through some of these and I'm going to pick out highlights from some of these chapters um that I thought maybe you guys would want to know more about. So, our third TA chapter talks about land or certain standards for certain uses. Um, we have things like accessory dwelling units. That's like your mother-in-law suite. I'm going to go through that one in a minute. Batter battery energy storage. Um, campgrounds, homebased business,

home occupations, junkyards, salvage yards, uh, long-term care facilities. It's like a nursing home. Uh, manufactured home park. Talked about that one again. It's a special exception. Um, but it also has certain standards. Recovery residences. It's like transitional houses, you know, that sort of thing. Um, sexually oriented businesses, you guys have independent ordinances on that, so we're really referencing those. Short-term rentals, those are like Airbnbs, VRBOs. And then the others are solar energy systems, accessory, which is just like it's on my roof on my house, or commercial, which is what you guys all know. Um, utility facility. Again, some of our ability to regulate the utility facilities that are uh public ones through the IURC is more limited. Um but vehicle and other vehicle uh equipment repair service, wind energy, which isn't going to probably be a big use here because of where you guys are. Um and then wireless communication facility, cell towers as um was just mentioned. So the ones I'm going to run through are the ones I just highlighted in orange here. Um, so ADUs, battery, battery energy, homebased business, manufactured homework, and short-term rental. I just wanted to run through these to give you like an orientation to them. The others I'm not going to run through just because um I have really time um but definitely read through those. I'll give you a couple little heads up. Home occupation is basically work from home. Have at it. You'll see it's permitted everywhere as long as you meet our standards. The reason we have standards is so that it is work from home and not running a business, right? Um it basically is no customers, no um no employees. You look like a duck, walk like a duck, you are a duck, right? Um have fun working from home. We like that. Um the other sexually oriented businesses that really again you have independent ordinances on that and we're basically referencing those. Um solar. So we largely did mirror the county

standards on that with some exceptions. So some of those setbacks are um less a little less here. um some of your uh charities are again just switched up and kind of changed a little bit, but we largely tried to mirror um or follow a lot of the standards from the county's newer solar ordinances that were just done. Um I will point out to you that that is a special exception in a and I2. So you don't have a lot of A parcels right now on your buffer. vast majority of those are residential ag um so it would require a reszone and a special exception two processes currently um if it's in the buffer area so it's for those assurances there um okay so I'm going to run through these an ADU so that is your mother-in-law suite I just pulled two pictures from the internet um a lot of times it's like the detached garage conversion um So again, some of these are great. We want to make sure that we're really regulating some of these though. So it's only permitted by with these standards in R3 right now and CBD because CBD is a lot of density anyway. Um otherwise it's a special exception with the standards in a RA, R1, and R2. Um oh, and HDR, sorry. It's permitted with standards and HDR. So the idea is it could be it could fit, it might not fit, right? So we need to kind of through that. So, um when we look at these standards again, it's a separate access. This is not it's detached. This is if it's attached, I call it a duplex. Um it's detached from your primary. Um and it has all the provisions for living, right? It's not just like a shed. I'll also point out though that if a structure has provision areas for sleeping, cooking, you know, bathroom, aka a really fancy pool house, we are going to consider that an ADU unless

they sign a use affidavit that gets recorded saying I am not living in this area. And that just helps with enforcement, right? Understand you might want to have a barn or pool house that has, you know, a bathroom, a sink, and a little later, you know, area you in theory could live in. Um, if they use data, then that helps us with enforcement. It's easy to be like, "Oh, nope. Look, you said you weren't going to do this, so you're doing it. I can very clearly [clears throat] enforce you now." Um, so that's just an easier way to deal with those and not have issues. Um, but some of the quick standards on this, um, again, you'll kind of go through these. The one thing I wanted to point out was, um, minimum setbacks. So, it is an accessory structure, but we're making them comply with the primary structure setbacks because, you know, it has some activity going on. Do you want to do that? You want to do it now or you going to go [clears throat] through the standards first? Which one? Josh,

just on the the living thing, what is the difference between [clears throat] living and using like a pool house? It requires sleeping. Yes, you're sleeping in it.

Yep. Yeah. Pool house. You want to go shower in there, hang out, have your little cookout. Um, you have someone sleeping in there. Now, granted, if your kids sleep there for a sleepover, nobody's probably going to notice, right? Um, but grandma shouldn't be living there or your your child shouldn't be living there after they graduate um without being approved. So, also the location is it has to be in a rear yard. Can't be in a side or front yard. Um, and then some of the other quick little structure standards. I'm just kind of pointing out some of the highlights. Um, one of the big things here is because we're allowing some by permitted or special exceptional standards, we're putting some good standards on there. I think they have to be at least 300 square f feet, but they can't be bigger than 800 square f feet or half of the footprint of your primary dwelling, right? The intention is not that I have a 2,000 foot house and then I'm going to have a 2,000 foot accessory dwelling. The intent is if my footprint of my house is 2,000 square feet, I only get 800 square feet, right? If my footprint of my house is 1,000 square feet, I can only make it 500 square feet. It's accessory. It should be smaller. It shouldn't be big and giant, right? So, and that's the living area. Um, and then the other thing I was going to point out, types of structures. Again, it has to be illegal. It has to meet building code for a dwelling. You can't just like stick the mother-in-law in the barn. That is not intended for [clears throat] um dwelling. It's not the building code. Um, it cannot be within an RV or anything of an RV sort. Um and it cannot it has to be again has to be something for permanent human occupancy building code here. So questions on that. Okay.

All right. Battery energy storage system best. Um I do have a question. Yeah. Yeah of course. May go. All right. I'm live. The last bullet point may be used as a rental unit but is not considered a short-term rental. So, you can't use an ADU as an Airbnb, for example. Is that what you're saying?

Correct. So, um that's a good one. And I put it on the screen so you'd annoy me if I did. Um so, like if I have an an ADU in my backyard, right, and it's approved, I can rent it to some I can rent it to Tony to live in, right? Um but I cannot use that as an Airbnb. So, the difference is is I am not using it for short-term rental. And we have a definition for that. Um, I believe it's seven days, you know, no more than 30. But if I'm going to rent it to him for 12 months, that's fine. Or I can let my mother-in-law live in there for free. Or I could charge her. Um, it can be it they can have rental. It does not have to be a family member, basically. I want to make sure everybody's usually aware of that. That is way too hard to regulate. Um, but it cannot be a short-term rental. Now, if you also go through and get it approved as a short-term rental, that's another story. But it just because you have an ADU does not mean I'm going to Airbnb this thing out. Um it has to ADU is not a short-term rental. If you go get it approved as a short-term rental, that could be

So So you're saying you'd have to come in and maybe get a special exception twice then. Okay.

Yeah. So when you come in, you're like, I want a special exception for my ADU and a short-term rental because I don't know if my mother's going to live in it or if I, you know, I'm going to rent this thing out on the weekends for uh you know, all the fun festivals. Good, good comment. Okay, so battery um this is considered a separate use from wind or solar. So this is not if it is included with one of those, we say in our ordinance that you have to get approval for both uses. Um and basically it's one or more devices that store energy, right? Um more or less. We have two tiers of these though. So tier one is typically on-site backup, right? So, if you have a generator at your house, you have a vest. Um, if you're a business that has a backup generator or backup, you know, power the hospital, that's that is a best technically. Um, we define those as 600 kilowatts or less. That's kind of more of a again aligning with industry standards. Indiana code aligns them a little bit differently, but this helps us to be a little bit more stringent on these. Um, we are not as concerned about that generator at your house or the generator at the hospital or at Walmart, right? Those things are not what we're concerned about. That's this picture here. It's like a box somewhere. You know, it sits on a pad. It looks like your utility box. That's not a big deal. They all have to meet state building codes. So, we're not worried about that either. There's lots of codes on these. It's the bigger ones that we're more worried about. So, tier 2 is typically used either for some sort of utility function. Uh substations actually have these sometimes as well um to help to store meet peak loads. Um, and those are the ones greater than 600 kilowatts, which aka they're the big ones, right? They're the big containers that you're going to see um out on a site. Um, so yeah, they all again have to there's there are multiple national and state codes regulations regulating um safety

of those. So, they have to meet all of those regardless, but we're going to regulate them as a use. So, that's the reason I threw this one in because it's a different use you guys probably haven't discussed before um versus like solar you have discussed that and have had discussions so you can read those through those regs. Um but we do outline again um additional standards for emergency response or noise or vibration. We have additional lot standards for them and the one I was going to point out too is minimum setbacks. So again I don't care what district you're in. Um, you're going to have to at least be 50 foot from a right ofway, 350 feet from a a dwelling or existing uh community building, 200 feet from an adjacent um property line. So, we're not as much concerned if you're next to the right of way, but my neighbors, we want more space, right? Um, and if there's more than one parcel, that's all best. We don't really care about that setback. Um, we also do have some screening requirements. Again, they're big boxes, right? So they're big like container boxes on a concrete pad. It's not as obtrusive as maybe like you go up north, right? And you like see the the wind the wind turbines see them at night. It looks really kind of cool and freaky. Um so we do have some screening regulations we did put on these as well. And again tried to mirror some of our um solar things in here too. So we're kind of treating these somewhat similar. Um some other things I was going to point out, we also do require decommissioning for these. So again, this isn't probably as big of a thing to decommission maybe sometimes as like those wind turbines or solar fields because they're very large. These are usually concentrated. They're not nearly as many acres. Um but we do want to make sure we do that and they have to resubmit that every 5 years or if that owner operator changes. Um and if basically they're not used for 12 consecutive months, you got to start decommissioning them. So we do have a lot of our standards in here. I'm not going to go through all those just because of time. Um, but a lot of these

again are mirrored into our solar and wind as well. On the setbacks, uh, does that apply to both internal or I guess uh, battery systems that are inside of a another structure as well as exterior? Those are those are just property line setbacks. So the building would your building code is going to pick the others like how you saying separation between them? Well, I'm guess I'm looking at 200 or 200 feet and 350 ft. Those are really big.

Those are big from just the property owners and those sometimes again not an expert in those necessarily, but [clears throat] they can hum more than other energy uses like solar, something of that nature. They do have a little bit more of a hum to them. So I guess I'm is that standard for that distance or is that so large?

There's probably less like industry standards on this versus solar and wind at the moment because it's come along after those uses. Um but these are based on some of the best practices from like APA, National American Planning Association, other organizations. Um paired with trying to also partner it or pair it with your solar regulations and wind. So trying to kind of come to a mirroring point between those. A lot of times if if this is paired with like a solar use, they're going to usually put this on the internal of that. Anyway, um so where you might get them is sometimes a substation. Um but like I know regionally Duke was looking at doing one because it was and it was not related to any of the wind or solar. It was just an independent one to um have peak loads. So when we start to have peak load issues um that helps to offset it because they basically store energy at night when nobody's using energy and then they can offload it during the day when everybody wants to use the energy.

Okay. And then going back to the ADUs, sorry. Um on the permitted uses, so HDR, CBD, and R3, they're permitted to have the ADUs, but you have this additional standards apply. Yes. But R1 and R2, they're they require the special exception. What's the

reason? Why? Um it's more of a density type of thing. So HDR, when you think about it, that's pretty dense district, right? R3, we allow multifamily. So if you have a single family house in an ADU, probably not a big deal because you would be allowed to do an apartment. Um when you get to R1 and R2, those are more of like your normal subdivisions, normal housing areas where we just need to make sure it's not going to impact your neighbors. So it's just one layer of consideration that really needs to probably paid because there's it would be appropriate and there's probably some areas it would not be appropriate in that district. Okay, cool. Good questions. Okay, home based businesses. This one again, work from home is our home occupation and the reason we have standards is so we can say you're not working from home, you're running a business. Um home homebased business is kind of that next level, right? I'm kind of running a little little bit of something happening out of here, right? Um, it might be like your one one stall hairdresser who just does like four or five people a day. Um, it could be uh your CPA, right, who doesn't have an office, but like she might have a client come over, meet and leave or have like a an employee during tax season or something like that come over. So, in my mind, when I kind of say homebased business, you might just think they have a couple friends over. That should be the limit, right? So, that's the level of intensity where this really should be. And right now homebased businesses, so they'd be permitted with standards in a um and also in general business in CBD because well there's a lot of other things happening in those business districts. But it's special exception um it's special exceptional standards in RA, R1, R2, R3, and HDR. So it's just trying to make sure there's not an impact right on those. Um so it has to be entirely within your building or a structure. um can't include a short-term rental or child care. That's a childare is a separate use um in the

use table. So, some things just to point out, we do a maximum of um employees and customers. So, you can't have max of six employees per day, but no more than two at a time, right? So, it's myself or whoever. I don't know if my husband also works for the business. If you work there, if you live there, you can hang out all day long, but I can only have two employees come over at a time. Max is six per day. That's so it's not like a revolving door. And similar with customers, 10 per day um but no more than two at a time. So we just don't want a whole bunch of people coming in at once, right? Um and making it in making it um entirely within a building is our car repair, car detailing, right? Not doing it in our driveway and have a bunch of cars lined up. I don't want to see it. If I don't see it and I don't see people coming and going other than what looks like kind of company, that's probably not a big deal.

Um on that, yeah, the two employees, does that include the owner? No. So it says excluding residents of the property. So anyone who lives there, they would be there anyway. So it's external people for the entirely enclosed within a building thing. I guess some small business may be I don't know art based or like somebody does I don't log carving. I'm trying to think of something that would be in their backyard maybe instead of inside the building. Is that would that be restricted? That's the next one. Oh, I got one. Did I jump?

Did it highlight? Okay. I can't from this side. I can't see the highlights because it's washed out. But the outdoor storage. So that's Yeah. Um so when you start to look at that, yes, it does need to be incidental. Outdoor display of products of goods is prohibited. So I can't put like my wood carving out front or my art out front. Um all outdoor storage areas used to park equipment have to be behind the primary building like so behind your house basically in your rear. Um and they need to be either within a fully enclosed structure or have a solid fence. So, I need to screen it. While you might love your art or your wood carving, the neighbor might not love the big piles of wood or whatever it may be. So, we want to make sure it's just screened.

I guess I was looking more at that location when where if they wanted to do it in their backyard where it is screened from fences, is that reasonable? And that would not be permitted by this, right? Right. It's going to be within a structure. Again, the intent here is it should still really be a house. Um, we're not talking about like a business, right? Um, where you're having art shows or you go to like, you know, Gatlinburg and they have the wood carvings all outside their houses. That's that's a business. Um, this is intended to allow for some flexibility for businesses to happen in your house, but it really still looks like a house. I shouldn't drive by and think it's a business, if that makes sense. If not, then you are a business and let's go through a business. You know what I mean?

That's the [snorts] intent. I was I was just thinking maybe there should be the incidental allowance should that be in the location or should we maybe allow it just um within like in the backyard screened if it's really screened or something maybe there's I didn't make a note of that because I can think of a lot of those home businesses where somebody's building something small they're not they're doing a small volume but they need to take it outside and paint it and yeah if you paint it outside probably not if you're painting it every sing that gets to be a little bit maybe there's some reasonable language we put I can do something. Maybe it's again this fully screened idea. Yeah. Good thought, Josh.

Okay, we're getting through these here. So, I know we're we got about 25 minutes left, but manufactured home park. This is one I just want you guys to look at. These standards apply only to manufactured home parks, right? So, the park is when there's more than one on one parcel. Um, this does not apply to a single manufactured home on a single residential lot. Um, that is a big change from your current and that's a state statute change. That is not an US change. That is not a anybody here sitting in this room's decisions change. That's a state statute change. We cannot um we can no longer regulate manufactured mobile homes as a use. We have to on a single lot. We have to treat them the same that we would treat sticku. So that is a big change from your current use. And that is a state statute thing. So we don't have the ability to change that. Um so on R1, R2, anywhere we permit a single family dwelling, a manufactured home is permitted as a structure. Um we can regulate parks still. Um we have some [clears throat] some things we can slightly regulate [cough] and that's why we have some minimum square footages in some of our districts um and some of those things. And we have a few minor standards on those single lot homes that are allowed by state statute. So these I'm going to flip through these kind of fast, but these are really intended for you guys to look through. It's for the parks. Um we do have some operational standards. We have some additional lot standards. Uh really that again each one has to be at least an acre um for the whole thing and 3,000 square feet per home site. No more than eight homes per acre. Some of that's based on your current stuff as well. I'm just kind of translated into this. Um and we do one big thing is though we do require site access. So those internal roads remain private, but they're going to function like roads. We want them to build them to our public road standards and we are going to have um sidewalks required within that so people can actually walk around that that

subdivision as well. Um it prohibited types of structures just to point out this is not RVs, this is not travel trailers. Um it can't be like a I do you even write boat or similar vessel because again being a river town we have different thoughts and processes here right you can't live in your boat you dry docked um there sorry that's not that is not a manufactured home um so definitely want you guys to look through those but again these are the parks I want to make sure that's a distinction not an individual lot um short-term rentals these are Airbnbs um again this is defined by largely by state statute now um And we do, we will require an annual registration permit and that's pretty much regulated by state statute if you're going to do it too. So this is one of my fun ones. Airbnb or VBO, one of the two. Rented out Barbie's Dreamhouse when that movie was really big. So book a night at Barbie's Dreamhouse. You know, that was kind of one of their funny joke promotions. Um, but we do have some standards on those. It's permitted and prohibited types of structures is something to look at. It is basically going to be in a dwelling, right? Whether it's single family, apartment, condo, it's in a dwelling. Um, it is not in an RV stuck in the backyard. It is not in a boat stuck in the backyard. So, again, it's in an actual dwelling and that's a big distinction. Questions on those as I ran through some of those standards. Okay. Um, I'm going to keep us moving here, but our site standards, these are the things that are outlined in that chapter in terms of site standards and um, oops, somehow flipped on and off. I'm going to walk through just some of these um, and pieces and parts of some of these. So outdoor storage is one I'm going to run through your parking. We're going to kind of touch high level. Screening and buffer yards. I want to explain that because um that's how we're kind of attacking previously in your current ordinance. Like you know you've got 8,000 things outlined in each district of like if it's this use then it's going to be this setback. If it's this use it's this setback. If it's next to residential it's this setback. We're tacking that with our buffers.

Amy, I got a quick question. Yeah, of course. I know you moved on to uh site standards. Yes. But back on the use standards. Okay. You know, we didn't talk about solar or wind. We did not. Um, so I will I know that's an important topic and maybe you could just touch on it. Yeah. Let me touch on some of that. I'm going to turn to that page. Thank you.

So, um, solar again, we use the county's new ordinance as a base so that we can hopefully kind of jive with them. There are some differences. Um, one of the bigger differences is the setbacks. Um, and so that was reduced. I'm trying to flip to my right size, my right, um, page here. Sorry. Road use. So, in terms of all run through capitalist like the the emergency response and um the road use agreements and damage to public roads that again both from the county's kind of standards here. Um the insuranceances are similar to theirs. Um they're not quite as high as as the counties. um minimum setbacks that is on page 74 whenever you do get to looking into that. Um those are less than the county standards and that was a big big long debate in the counties. Um but we're looking at it's 350 setback from a dwelling, church, school, cemetery or community building. Um I believe do this off the cuff. Warren, you might correct me. Is it 650 in the county for a setback?

500. 500. Okay. So we're a little bit less um 200t uh other other lean uses that are non-participating. Um so those got reduced a little bit but not

significantly slashed or anything like that. And that was just trying to kind of again marry some of what input we got from the committee. It's still a pretty good setback. One thing too is you're going to have two points pretty much in the the city's area that you're going to have to go through. you're going to have to go through reszoning which allows some discretion and allows written commitments to be put in place for certain houses or properties that need more buffer. And then they're going to go through a special exception which allows for the same thing. If there's a certain situation that needs more buffer or more screening that allows for written commitment or a condition to be placed on that approval for a certain condition, right? A certain situation. So that is somewhere that that does um vary a little bit. Um but like the screening we we tried I tried to mirror that in terms of um like even the fence specs and that sort of thing in there. Um so the biggest difference is again the setbacks and a little bit of the um there's some other things here but uh some of the um insurance requirements as wellies um but we still require them to do a decommissioning plan. Um, and I do have a strike change like a uh track changes from the counties this one if anybody wants to see that like when we went through and I kind of did that. Um, but we still require due to an affidavit of responsibility and a lot of the commissioning items that start on page uh 78. So um again some of the shies are are slightly different here than they are in the counties. Uh, and that's largely for again against solar. Wind just kind of mirrors a lot of the best practices in state statutes. Um, this is not a big wind area. You're not in the wind zone that you're going to get wind coming here. Um, that's up in northern Indiana. They get the wind that's actually going to be efficient. Um so in terms of our commercial solar wind again uh some of those things are are looking at are minimum setbacks

following some of the state guidance um for the small and then the large as well. Um so Amy real quickly looking at the schedule uses. Oh yeah solar for example commercial solar would not be allowed in residential agriculture. Okay. And that's why you were talking about they'd have to go to a reszoning. Then they'd also have to get a special exception. But there's not a lot of a parcels. And so there's only two districts. There's only two districts, correct? Where I'm using solar as an example because we have some friends here who I know that's very concerning and and important to them. We just went through all that with the Yep. And u and we're that's why we want to mirror what the county is doing because we've had all that public dialogue before.

Mirror it. That's fine, too. That's up to you. when we talked about it as a committee, it was trying to kind of balance maybe there's probably not going to be um as much land area available under the current zoning for that. So, it's probably not going to be it's going to have multiple levels of kind of scrutiny, but but in none of these districts, commercial solar is allowed as a permitted use, correct? Without a special exception. And only two districts, it's allowed with a special exception. Correct. and everything else all these other there's probably you know 10 other districts you would have to get a resoning and a special exception correct

and the big difference too is again like the countyy's vast majority zoned a um you don't have a lot of a zoning compared to the the RA in your your buffer so um and we don't want it in residential district that's not appropriate so um I have it's not how many when I am done I have the number of parcels but a lot of that is um north towards the proving grounds. It's not necessarily um we can I have a map too if you want to look at that. Good question though. Okay. Yes. Yeah. [snorts] I have a question about home businesses.

Yeah. Six possible employees. So that's conceivably two employees, three shifts. Yeah. And home business. Let's just pick an example. Somebody wants to have a dress business there and sew dresses. Okay. Okay. What rules here? We have permitted land uses, general industrial light. That's not allowed in residential districts where the where the home business is. So what rules or suppose somebody wants to make small industrial parts on a couple of little CNC milling machines, right?

Well, that's definitely light industry and that's not allowed. So what rules are are these land uses moot in the case of a home industry? No. So homebased business again is completely within your dwelling and that's why we had it initially inside or your accessory like well exactly the accessory garage

right so you could do like your little woodworking like CNC type of machine in the in the barn or garage right and the idea is that I have very minimal people coming and going and I don't even see it or know it. I don't have extra I don't have extraordin uh people dropping off like pallets or semi trucks backing into there and so we have thing on deliveries on that one. Um so if you're doing your own little CNC 3D printing kind of thing in your barn and if I don't notice it that's the that's the the kind of ideas that's not really an issue.

Has this been litigated yet? So because frequently like in the case of the Riker's Ridge cell tower that hadn't been litigated at the time in our judicial district so we were flying kind of blind on that and we ended up going on what likely would happen. But has there been litigation that'll guide us on what kind of things that we can put in? Is there litigation on how much bother there is? Is there litigation on where the employees park? I mean, two employees and typical actual parking like your driveway or if it's public.

Has it been thought out and litigated about litigated? That's something we can ask the plane commission attorney about. Um I don't know that what I what I'm thinking, ma'am. If you're going to have accessory units like this and you're going to have people parking, does that mean that people are going to be paving their front yards?

So, that's where we have like a maximum curvous surface in those residential districts, too. So, they can't pave the whole thing um by any means. They can pave a portion of that, right? Depending upon what they're in. Um but again, the idea is that I'm turning back to that page, so sorry about that. um that again you're not it is not it's not creating significant noise traffic or other nuisances. So, the easiest way to explain is I can't tell you're doing it and it looks like you just have two, you know, two cars over at somebody's house is not unheard of, right? Um I have that most days because my mom and dad both come over at different times because they have to pick a kid up from a different school and both their cars are at my house, you know. Um,

but ma'am, does intent stand up in court? Because, okay, I'm not an attorney, so I'm not gonna completely give you an answer on that. It's generally what it says.

I have always been told by attorneys, intent does stand up and you can base decisions on intent, but um, again, I think as we start to look at like there's no commercial partial delivery service, um, no bulk material being delivered and semi-tractor using semi-tractor trailer trucks. uh when you start to limit all of that, it's really what can you put in your pickup truck and bring home, right? Um and it's by limiting the number of employees and customers. I think that in my mind helps to solve your issue of impacts because most I wouldn't know if you're there, right? Um sometimes those start to come like the plumbers, they might have like two guys come over in the morning, load up trucks or something and leave. Um, they usually have a pull barn. That's the idea of it being completely enclosed because I don't want to see all of this stuff. So, I think Elma asked a question. I'll put it We'll ask the attorney if he has any litigation items on that. Okay. Okay. Out storage is our next one just to touch on real quick. Um, inoperable inoperable vehicles. Um, city has an ordinance on that. Um, but basically they can be stored seven consecutive days unless they're inside. Again, if they're in your, if you're in the buffer and they're in your pole barn, I don't see them. That's totally fine. Um, or they, you know, can't be seen from adjacent parcel right away. That's fine. They can't be in a setback and they have to follow all the current city ordinances if they're in within the right of way. Um, very similar to boat, RV, um, heavy equipment, it needs to be parked on a gravel surface. Um, we're going to let three in in per partial in the rural districts. Um so it's most things in the buffer basically. Um and one in the other districts. So we don't need three RVs in the middle of you know the urban neighborhood here. Um and then if

they're on the rightway city ordinances are governing that items too. Okay. Parking. Um it's always a good one. So, I wanted to point out in there there are a couple things for parking reductions just in the CBD for well first thing is the CBD. Um, so in the CBD the goal is is you know above the coffee shop we want that to be a loft right to put one, two, three units, whatever it may be. We want to encourage that and promote that so it helps build up our downtown.

So some of this is is based on that. The multifamily with six to 10 units they can reduce their parking by 50%. overnight accommodations can reduce theirs by 50%. This is only in CBD, right? Only in CBD. We're not expected to have some of these things. Multifamily, if it's one to five units, so it's again the two or three units that might go above the coffee shop, right? Um they don't have to provide parking. Other parking things we allow outside of the CBD, only nonresidential uses. Repeat that. Only non-residential uses. Apartments do not get into this thing. Um, non-residential uses outside of the CBD can have an administrative reduction if they provide us calculations based on it um, which is an industry um, you know, entity or other industry standards. So, I'll use an example. You've got a very specific like industrial use, right? And when you look at our parking schedule, you can base it on employees or square or um, square footage, right? Well, if it's just a different kind of thing and like you literally have two employees but this big huge, you know, area, um, if you provide us the detailed use classification from it or another industry source that's justified, then yeah, we'll we'll go with it, right? So, it's allowing those like unique different kind uses to not overpark basically. Um, but residential uses including multif family cannot be reduced without a variance. So, those are those are what they are. Um, and we do have some standards on parking lot design. One I was going to point out, um, because I know I've already got a couple questions about it, so that's why I'm pointing it out. The minimum stall size is currently listed as 10 by 22 in your ordinance, which is really, really big. Um, typical industry standards are 9 by 18 or 10 by 20. 10 x 22 is long. Um, so you are going to get a whole

bunch of variance requests for that. if that's going to be the case. That was something the committee discussed for probably 45 minutes. Um, so that's why it's in there at the moment, but I do want some feedback on that here eventually. Um, but basically things to point out, you can't park in a buffer or setback. Um, we do require some islands on parking lots that have 30 or more spaces and we do have to do screening if it's next to a residential district. So, those are all good things. Again, those right now are tucked into like various pieces of your your district regulations. let's just say it once. Um, and then you'll notice when you go through this, I'm not going to go through these in detail, but we have parking standards. So, we um, again go through our accessory uses or basically the administrator determines it based on the use. Um, we do have a, so um, if you have employees, we have a little bit of parking required. If you don't have employees, you don't need to have parking. Um, or public visiting you. Then we do have residential lane uses that go into that. Um, you'll notice that two spaces per dwelling for a manufactured home park. Um we have one and a half spaces per dwelling except for one in the riverfront district for multif family and condos and two spaces per dwelling for single and two family. Um we have commercial land uses outlined here and a couple of them you'll notice it's either based on square footage or number of customers. There is a footnote at the bottom of these tables that basically says the they can use either one. It does not the greater or lesser. It's whatever one they think is more applicable to their business. For the large part, commercial industrial uses will provide the parking that they need. Um it's sometimes other uses. Some of the residential sometimes get a little bit more um questionable, but eventually I find that they always do because if not they can't rent their units. Um then we also have industrial uses and institutional uses. So wanted to point those out. Um I'm going to keep us moving here unless you have questions. Holler out, but screening and buffer yards. So this

is the idea of two incompatible or uses that could have conflicts. We want to provide a little buffer between them. Right? So your buffer is either distance additional setback or it's some sort of vertical screening. So I'm just going to give an example of how we use this table and then you guys can look through those standards. Um you have a big long table but I'm going to phase it in here. So if you have like a um your rule districts are one thing. So say I was zoned rural right? one of those rule and I'm adjacent to follow my arrow all districts. This is an easy one. I don't have to provide a buffer or screening. Okay, that's a really easy one to start with. But say I'm zoned R1 or R2, right? And I am next to HDR, right? So I'm R1, my neighbor is or R2, my neighbor is HDR, I [snorts] still don't have to provide a buffer. But if I'm R1 or R2 and I'm next to general business, so I'm a single family quarter acre lot and I'm going to come in next to Walmart. I'm gonna have to provide a buffer. Now granted, that's a more intense use versus the other way around, but I also find that if you don't, then they complain that their Walmart is loud. Um, so it's minimal. We require them in this instance. Um, and this is just new development. If they're there, this is not h is this is just new stuff. Um, so 20 foot buffer or they can do zero if they do a type A type A. So that means they're going to put some shrubs and shade trees and evergreen trees in between us. So we give them options basically. So these continue for our three CBD RF U and HDR and your um commercial businesses districts. Sorry, can't talk today. And your industrial districts. So look at those. They come more intense. Industry goes next to single family. Guess what? You're putting up a whole bunch of stuff, right? And a fence and a and you're buffering. Um so more intense, more more buffer needed. Basically science. else I just want to point out

we do have a list of exempt signs. Um so these ones are don't have to necessarily we're not worried about it from complying with our ordinance. They're all very basic stuff. It's like the historical markers, right? Um my one I always like is non-visible signs. I can't see the sign from a parcel or from um the street. Does it exist? No. Um we are not going to regulate that. Uh there are larger like commercial parcels of internal signs and there's always the debate of like does that count? I can't from anywhere. I don't really I'm not concerned about it. Right. Um the other thing we do have prohibited sign features and types. So like we don't want the blinking and flashing lights, right? That emulates emergency services or can be very distracting if you're next to um so there's a list of those as well. And then we go through and um also list prohibited um sign locations. Sorry. So we can't be in the right of way. you can't obstruct vehicle sight lines like sight triangles and you can't be in your set X. So those are pretty basic. Um in that in that section we also have our sign tables. So we have a little graphic here of what those are but each district is in that gray bar across. So these are our rural districts for example and if I temporary signs I could have a yard sign and I kind of drew a little arrow there. You can see what the yards your normal yard sign. And this table will outline how big it can be, how tall it can be, how long I can have it, if it can be lit or not lit. So basically on this one, I can have one of those signs that's 4 foot height, eight square feet, and I can have it when my house or whatever's for sale or lease. Or I can have it two months out of the year basically, right? So my kid graduates and I get the like fun little graduation sign. That's great. Or Joe [snorts] does a new fence and I could say Joe's fence did the sign, something of that nature. Or I could just say, "I hurt Madison." Right? You can put anything you want on those. Um, and then

you get, and this is the example, the wall sign. So, think about it on a house. It's mounted on your primary structure. It's just, um, two square feet, so it's not big, right? Um, and then the monument signs are just for those subdivisions, entrance signs. Um, in this district in particular, so this gets outlined for all our different districts. So we have um again those first one is our rural districts and our residential districts. Then we go with our our downtown kind of districts with CBD and the riverfront. We go with our commercial districts and then our industrial districts. So make sure you look through those. But wanted to explain what those were. Last thing on this chapter um is really fences and walls. So three foot fence in the front yard, six in the side and rear. That's your current. So we kind of kept that. But we have little graphics. We've now better defined though too that they have to be 5 foot from a ride of way. That just causes issues. If not, um they can be placed on the property line if your neighbor agrees. Um and we have specifications like what that means. Um if they don't agree, then it could be up to the property line, right? So you put it on the property line, technically it's on their property, too. Um and it can't be in a drainage or utility ement. That's just a good practice. And then there are few things on manufacturers, too. Want to pass a mic to it. uh fence height.

Yes. Three feet. Does that apply to the downtown historical district, too? Yes, that applies to all districts. Could there be language? We had this come up in the 2016 ordinance because so many of these fences downtown are very old, beautiful iron fences and they're like three and a half, four feet high. Mhm. And should these things be destroyed or have to be replaced? It just seems to me so we stuck with the current a lot of times if I can just do three foot is the height in the front yard in my mind. I I I don't All I'm saying is could there be language in this that would exempt people with exist you know if if you have an existing fence in the

as long as if it's in the CBD and approved by the board of review then it's okay right because that they're going to catch anything that's not like appropriate. Um, I'm just trying to keep the applications for variances to a minimum or wording wording maybe something with regards to wording of um like fence fences that are contributing to the historical district or have historical and that's what I think we we default to the border review on that one. But I can write something in there.

Yeah. Okay, I think that's good thought. No, good one. Good one. Um, so manufactured homes under our structures, we have a couple standards under that. I'm not going to totally run through these because again, it's state statute. This is what we are allowed to uh regulate. We can make them put um a concrete block foundation, make them take the hitches and the axles and stuff off the front door facing the road because that helps to orient you more like a traditional house. Um and then in our districts, we do have minimum living areas that comply with the state statutes that we can't make it, you know, um if it's about 950 square feet, it varies city to county. Um then we can't exclude them basically. [clears throat] Um, non-conforming. I'm not going to go through the things on this chapter, but this just says again, if you're legal today, it outlines all the the standards for being still legal. Subdivisions. Um, I know we're getting over on time here, so I'm going to kind of go through these a bit fast, but if you want to stay, I'll stay however long you want. Um, we have a couple different types of subdivisions, but I'll run through those here quickly, but I'm not going to run through the design standards for those subdivisions. I'll just broadly say we have uh a lot of those design standards are included in your separate documents for the city or if it's in the buffer we have referenced the county's design standards on a lot of those since those would be county roads making sure they meet their design standards and their approvals just so that all works and drives. Um but basically there's different kinds of subdivisions. You have exempt subdivisions. So this is um they don't have to necessarily go through our subdivision process. They still have to comply with all our zoning regulations though. But these are just things like if I need to if if I own a parcel, my neighbor does and I need three feet of his parcel, I can move the line over as

long as we all still comply with the regulations, right? Or the court tells us to do something. Guess what? We're going to be able to do that exempt. So those are pretty standard things. Um major residential subdivisions, this is seven or more parcels um included in that or includes right of way because that needs to go through a different process or public utility main extension. So we do have standards for all of these. Um again, some of the highlights is just uh we've got common area of 4% for major residential subdivisions. That is uh I think the same as your current, I believe. Um but these start to outline just basically we are going to require sidewalks um throughout those as well. A minor residential subdivision is seven or fewer parcels. Um and so no new roads, no utility exemptions. So the idea is having an expedited process for these. Um and so again, we outline the same number of all of the same um regulations or standards on these. We outline what districts it's allowed in. Um here again, we're not going to require sidewalks internal because we don't have roads. Um we're not going to require um you know, street lights and all of that type of stuff. And then we did create a new one for downtown subdivisions. That's the idea of an expedited process if you're doing a subdivision downtown. and it's not doing any new public infrastructure, right? Um because that should be an expedited process. So they could basically go through one meeting to get approved versus having to go through two meetings like a major residential subdivision. So all those regulations are still outlined here. Um again, because we don't infrastructure other than they do have to build the sidewalk in front of them, they would have to do that regardless. Um but we don't have to deal with all of that other approvals because it should be streamlined. The new one too though is cluster subdivision. This is something we added. Um, and again, all the standards outlined in the document for you guys to review. But the gist of this is if I I'm going to use very simple

terms. If I had 100 acres and I could put 100 homes on it, right? Um, you have to be on sewer to do these. But the idea is that my gross density doesn't change, right? It's still only 100 homes, but I can cluster them on smaller lots and the rest of that area becomes dedicated open space. So, it's maintained by the homeowners within that that subdivision. Um, so it's not a burden on city or county to take on. Um, and so the idea is we're not increasing density, we're just concentrating the density in one area of that subdivision, if that makes sense. And then they basically follow the standards of that major subdivision as well. So it's a little different, but um, I think it allows flexibility and it allows open space to be created without increasing density, overall density. Okay. Um, and then we have our last one is the non-residential subdivisions. Um, this is basically anything that's not exclusively residential. So, it could be mixed use. That is one of those things. It could have some residential in it too, but it's not just a residential subdivision. And we outline the standards for those as well. Um, but basically requiring those public streets or roads [clears throat] built to public street standards, requiring sidewalks and that sort of thing. Um, administration. These are the things that I have in front of you. I did print off at least the the the applications or some of the processes that are more common. Um so this is everything that's included in that chapter. Every procedure you might go through plus your permits plus some of your document stuff and then some other procedures. Um the ones to kind of point out I'm going to at least touch on really quickly are the ones I've just highlighted. Um again as we go through some of these you'll see spreads like this in the document. So, for each procedure, you're going to have a flowchart, which is how 95% of the people will use it. Um, it is colorcoded. So, you say, "Find all the gray things." That's the applicant,

right? And then they know what they're responsible for at a quick glance. Um, but we also have all of the words, right? We have all the detailed description of like when it says request pre-application meeting. Well, there's like multiple lines then that describe that specifically tell you what that is. And then we also have applicability like when is this process apply right? So that's for every single one of these. And I also want to just clarify a couple of things. Um in each of these procedures we have standards and evaluation. That's what's printed on the side. This is all in the draft document. I've just put it on one slide for you. Um findings of fact. Those are important especially for VCA. You have to be putting findings of fact in these things. So we have standards of evaluation. BCA should be making a finding for each of those facts or for those standards. Um, and it's going to be it's going to kind of vary. I give examples as we go through this, but BCA, if they're approving of something, they need a finding of a fact supporting each standard that they're approving it for. Special exception, variance use, development standard, variance. Um, or if they're denying it, you just need one total, one reason to deny it and that's all. But that's something that needs to be in your motions and actually documented in your um approvals and in your minutes. The PC has standards of evaluation that should be referenced as a best practice. So reszoning, there's five criteria you should pay reasonable regard to from Indiana code, right? So we need to reference those in our motions as well as administrative approvals. While it's just administrative, we should be documenting that. This is how it complies, right? So nobody's questioning it tomorrow, next year, next month, five years from now. So I'll give some examples of those. The other thing is staff recommendations. I know you guys a lot of your um staff reports and stuff don't give a recommendation to your boards. They should be you should be you're hiring professional staff. They should be giving you a professional opinion. Does not mean you have to go

with their professional opinion, but they should be giving you guidance. They should be giving you draft findings and facts. So you don't have to come up with those on the spot because that's difficult, right? They can give them for and against even, right? Um, so you need to rely on your staff and request that from your staff. If they're not if if you want additional findings, have them write up additional findings, right? If you want during a meeting for them to help you draft, what would be a finding if I this is my reason they can draft that as they um, you know, as you make your motions. Um, so this is one of my favorite pictures, too. They wouldn't let me put up a house. They put a bouncy house up. It's temporary. Um, fun little zoning things here. But as you go through these development plans, this is basically um it's required for non- single family, non- two family, non-aggricultural things, right? You have an apartment complex coming in. You have the new Walmart coming in. Development plan review is very straightforward. Show me your drawings. Show me that you comply. It's black and white. It's do you comply with setbacks? Do you comply with the lottery? Do you comply with the hype? Yes. No. So this is an administrative approval. So basically they turn in their applications. Um we we go through and do still sign it a docket number because it's going to be approved, right? It still goes through internal reviews. If it goes to historic board of review, that's fine. Um, but the the administrator is making the determination on this unless the applicant requests to go to plan commission or the administrator requests to go there. Um, but the big thing is there's standards of evaluation on there that you need to look at. Um, and then basically they would move to their permitting building permit process. So, it's it's pretty straightforward. This is just an example of finding a fact. This is like a worksheet I've made for other communities that it's every standard that would apply to a development plan. Administrator says yes, no, or NA. And that goes in their their approval. Right? That's your documentation of those findings. Um, subdivisions I'll run through really fast, too. I know we're over on time

here, so sorry about that. If you do need to go, I can follow up with you. But um subdivisions they go through a primary plot, a secondary plat uh process as we go through here. Um so primary plots again that's the the initial drawing that you guys usually see. So it kind of outlines what we do to begin with. It does go to a plan commission. There are standards of evaluation for that. Um and then you get that documented decision. Yeah, these standards are listed in the ordinance, but you should have a motion that references I have a checklist. All standards were met. That's why we move to approve it or move to deny it. Um, and I even gave some example motions here um that I can email this out too, but your administrator can even come up with fill-in- thelank motions that are nice and good, but it should be referencing those findings of fact. Um, and then your secondary plat is a very similar process. Um, except for secondary plat administratively approved. So, they don't need to go to plan commission if they match the primary, right? Take primary, put secondary on top of it. Same exact thing. There's no need to go back to plan commission. If they don't match issue, we're back to a public hearing, right? That's that's going back and amending our primary plat. But if they match the primary, you've already approved them. We don't need to to redo that whole thing, right? when you can't legally deny that then um because if you approve the primary and the secondary matches the primary you need it needs to be approved you can't deny that um and then so there's standards for that that are outlined um and then they start that development process so again your your um staff report should have these bindings in it if it's for the primary they should have a motion that references all those requirements are met um now Our subdivisions go into construction, right? And this just outlines two different processes. The first is they build [clears throat] the

infrastructure, you inspect it, you approve it, and then they record their plat. The second is they post assurity or bonds for that infrastructure, record the plat, then they start to build it. Right? You still can't have a you can't get your certificate of occupancy until all your roads are bu built and all that stuff. Um, but this outlines that process very clearly for you guys. And it's not really different from what you guys did today. Um other ones again special exception variance it follows a very similar process goes to BCA though their special their standards evaluation for special exceptions there's six that state statute um and that's the note that this is what we call conditional uses today conditional use permits are not an Indiana thing that is a Kentucky thing so that is not in this new ordinance because it's not a thing if you approve it as a special exception conditional use and nothing's [snorts] changed you you can't take that away from them unless there was a time limit as a written commitment or conditional on that approval. So, you can't just be like, "Oh, nope. Sorry. I'm taking it back." That that doesn't work. Um, so I wanted to point that out like we won't be doing conditional use permits every year. That's a Kentucky thing. Um, but there's standards, three three standards for development standards variance and five for use variance. Those are state statutes. Again, you should be making motions that include these a finding a fact for everyone if you approve it, supporting it, or just at least one denying it. And then resonings and puds. You guys are familiar with this process basically that it goes to plan commission. They make a recommendation to you guys as a legislative body to council. There's findings of fact. Um usually attorneys always will reference those as the things to pay reasonable regard to just we need to discuss them and have them in our conversations, right? Um, and then it goes to council for that final decision. Waivers, the last thing I was just going

to point out is that a waiver is like a variance, but it's asking to vary from your subdivision rags, right? So, that one chapter, chapter six, am I correct if I'm guessing? Yeah, chapter six. So, if it's something they don't want to follow in chapter six, it does not go to BCA. That is not a variance. That is a waiver. It goes to plan commission. That's who approves waivers. Typically they come in with your primary flat. Um but that's just a distinction that gets confused sometimes. Um and that's something outlined in state statute. Um [cough] and again we have provisions in there. If they don't want to follow a road standard, we're going to go to board of works and say, "Hey, Board of Works, what's your opinion?" You know, is this is this okay or not? And if you say no, then we're not going to approve that. Um so again, and there's standards of evaluation for that, too. So, all our decisions have standards of evaluation. To make it much more clear, that last chapter is just terms and definitions. I didn't put anything in here for that. Um, good [clears throat] because I'm 17 minutes late now. Um, but so, as we're kind of wrapping up these questions, do you feel overwhelmed or do you feel empowered [clears throat] to lead? Hopefully, it's empowered to lead. Hopefully, we're not overwhelmed because there's lots of changes, but I think there's lots of good things that are going to happen. Gosh.

Um I see there is a section that uh says that any existing building permits and some other things are going to still be in effect per the old ordinance if they're already there. What about conditional uses and variances that have been approved? Is there language there? Yeah. Very good. Um that's a good question. Yes. So, if it's a if it's conditional use special exception that was previously approved and it is a special exception in the new in the in the new new ordinance in that district, it is considered approved. So, if they they don't need to go through any other approvals and that's there's language that's

there is language in that. Yes. In the um non-conforming chapter. The other thing it says though is if it now the difference would be if it's not a special exception or permitted use in the new district, it becomes non legally non-conforming. Does that drive them to need to take action or No, they would not need to take any action. If you're legally non-conforming, you can continue on doing exactly what you're doing. You just can't expand your building. You can't change your, you know, you can't go from one legally non-conforming use to another use. Um, you can't discontinue that use and then want to come back a couple years later and institute it again. But

for variances in particular to the standards, do those As long as the structure isn't changed or like I said it needs to be rebuilt on the same footprint is that so it depends if it's there's a use that could be legally nonforming the structure to be legally nonforming the structure and the variant for the varian

so we allow um if a structure is legally non-conforming we would allow you to make changes that make it more conforming right so like say you wanted to take a porch off because your front setback's not conforming that's fine or you wanted to add to the back of it and that would conform that's fine Um there are provisions if it's residential because there state statute on that and it the whole structure goes so you can build that same thing if it's a permit of use in that same footprint. So there's a couple things on that our ordinance point to that state statute in reference to it or not. Yeah. So in that chapter five and I can show you this right after Josh too it references the 3674 statute on that.

Thank you Amy. for this um a lot of information. Overwhelmed might be the right word. Um I would just say uh for uh for everyone. It was our it's our goal as staff to make this as uh thorough of a process as possible to update what we have to 2025 standards and the best practices that are used throughout all communities in Indiana following our state statutes and to ultimately get to uh a place that a makes it very easy for our constituents, two makes it uh welcoming to those who want to invest in our community and understand the standards and processes that they usually are normally see in other communities because right now we don't have those and three for our volunteers and those appointed on boards and commissions to try to make your job easier and less confusing. Uh and uh we'll try to do that. Amy will be uh doing a number of things for us as we move forward and implementing this once uh we get our UDO approved through the process and will be helping us with implementation additional board training making sure all our documents are and all the checklists and all the motions and all the stuff the technical background stuff for staff uh to help with our boards and our agendas. She'll be helping us through that through the So she's not going to go away anytime soon. we'll be seeing her u through most of uh next year probably uh helping us with that transition to a new and improved document. So I just want to give you that h uh heads up on that and it is our intent I think depending on the feedback of the next couple weeks uh to be moving this process forward in January at the PC and then ultimately in early February at the city council. Uh we haven't set those dates yet because we're just waiting to see the feedback and the input from tonight and next week and then we'll we'll assess that and uh set those dates. But that's that's sort of our goal.

Thank you. And if you have questions, feel free to let me know. I'll walk you through any of those. I know with a couple of you, we've already done that and that's been helpful. So, well done. Thank you guys. Thank you. Sorry it's long, but I feel like you just have to be How many How many misspellings? Very informative. I've been waiting a few