NOBLE COUNTY PLAN COMMISSION – SPECIAL MEETING FOR THE
PUBLIC HEARING OF PROPOSED AMENDMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE
DATE: September 23, 2024 · TIME: 5:30 PM
LOCATION: Noble County Annex Building – 109 N York Street Albion, Indiana
AGENDA
1. Call to Order
2. Roll Call
3. Determination of Quorum
4. New Business
A. Members will consider the Commissioner’s request as a whole with a favorable, unfavorable, or no recommendation to the County Commissioners to be heard on October 15, 2024.
3.04 D.2 Non-participating Landowner Setbacks:
- Commissioners requested a setback of “750’ from a non-participating property line”, in place of the existing setbacks of “300’ from any existing dwelling unit owned by a non-participating property owner and 50’ from the property line of a non-participating property line, whichever is greater”
· R. Sexton made a motion on 8/21/24 for no change to Article 3.04 D.2. T. Griffiths seconded the motion. The motion failed without a majority vote (4-2).
Article 3.04 N Surety:
- Commissioners requested a change of title from “Surety” to Financial Assurance”,
- Commissioner requested cash escrow only, to be held in an interest-bearing account held by the Noble County Treasurer.
· R. Sexton made a motion for no change to Article 3.04 T. Griffiths seconded the motion, which was approved by a unanimous 6-member majority voice vote: 6-0.
Article 3.04 H.6 Liability Insurance:
- The commissioner requests the Landowner also be required to hold a separate liability insurance policy of at least 2 million, submitted to the Commissioners and the Zoning Administrator Annually.
· T. Griffiths made a motion for no change to Article 3.04.H.6. R. Sexton seconded the motion, which was approved by a unanimous 6-member majority voice vote: 6-0.
Article 3.04 P Operation and Maintenance & Article 9.10 I.2 Surety Updates:
- The commissioners request to adjust the re-examination time frame to be every 3 years as opposed to every 5 years.
· R. Sexton made a motion for no change to Article 9.10 I.2 J. Cunningham seconded the motion, which was approved by a unanimous 6-member majority voice vote: 6-0.
Article 10.02 B Responsibility:
- The Commissioners request to replace the word “owner” with “landowner” in the last sentence to clarify the ultimate responsibility for any violation.
· A. Hess made a motion for no change to Article 10.02 B. R. Sexton seconded the motion, which was approved by a unanimous 6-member majority voice vote: 6-0
B. Members will consider their alternative proposal to the Commissioners’ request. Each topic will be presented individually with a favorable, unfavorable, or no recommendation to the County Commissioners to be heard on October 15, 2024.
a. Article 3.04 D.2 Non-participating Landowner Setbacks: A. Kline motioned for the amendment listed below. R. Sexton seconded the motion, which was approved by a 5-1 vote with A. Hess voting unfavorable.
i. all equipment and components of a CSES for parcels that are 3.00 acres or less shall be a minimum of 350’ from any existing dwelling unit owned by a nonparticipating landowner and 50’ from the nonparticipating landowner property line whichever is greater.
b. Home Based Business: R. Sexton made a motion for the amendments listed below. J. Cunningham seconded the motion, which was approved unanimously by a 6-member voice vote.
i. Article 2.21 Lake Residential (LR) District:
1. In the permitted uses column, add a notation to the end of home business (type 2) to read: “- lots of 1 acre of more”
ii. Article 5.26 Home Based Business Type 2:
1. The business owner shall reside in the primary dwelling
2. No outside employees
3. in the Lake Residential zoning district, the HBB is required to be on a parcel of 1 ac or more.
iii. Article 5.27 Home Based Business Type 3:
1. B (1) Remove “Light Manufacturing”
2. E (2) (a) limit structure size to 600sf
3. C (1) Business owner shall reside in the primary dwelling
4. C (2) No outside employees
5. E (4) (b) & (c) Changes to “Exterior storage”
6. b: Change the entire section to read: “Except for that listed in section a, all exterior storage shall be prohibited.”
7. c: remove this section.
c. Article 11 Adjustments and new proposed definition
i. Article 11 – Adjust the definition for “Owner”: A. Hess motioned to adjust (better define as suggested by County Commissioner Attorney) the definition of owner. R. Sexton seconded the motion, which was approved by a unanimous 6-member majority voice vote.
- Modified (new/changed) Definition for “Owner: Any legal entity having legal title to or sufficient possessional interest in the land sought to be subdivided, leased, or used under these regulations, or their legal representative. This would include any, legal property owner(s) (having record title), tenant, group of persons, firm(s), corporation(s), project owner(s), lessee(s), or contractual owner(s).”
ii. Article 11 – Add a definition for “Surety”: A. Kline made a motion to create a definition for “Surety”. T. Griffiths seconded the motion, which was approved by a unanimous 6-member majority voice vote.
- New Definition for “Surety: a financial guarantee and/or a guarantee of standards.” In the definition of Surety.
iii. Article 11 – Add a definition for “Wildlife Corridor”: A. Kline made a motion to create a definition for “wildlife corridor” R. Sexton seconded the motion, which was approved by a unanimous 6-member voice vote.
- New Definition for “Wildlife Corridor: Adequate habitat for species for use in travel, food, nesting, or escape.”.
5. Adjournment