Details About Ordinance/Plan Commission Meeting

Home
Featured News
Details About Ordinance/Plan Commission Meeting

The Washington County Plan Commission is holding a public meeting on Tuesday, February 4, to discuss the current draft of “The Zoning Ordinance of Washington County, Indiana.” This meeting will be held at 6:30 p.m. on the second floor of the Washington County Courthouse in the Commissioners and Council Chambers.

Upon entering the chambers, attendees will be asked to sign in, providing their name, address, and contact information. Individuals may check a box indicating that they wish to pose questions or make a statement during the hearing. Two minutes will be provided for each person to make a comment, and at 6:40 p.m the actual hearing on the current draft of the zoning ordinance will begin. Washington County Plan Commission President Todd Ewen will moderate the hearing. Questions collected during the open comment period at the beginning of the hearing will be addressed at approximately 7:30 p.m. by Conner Barnette. Barnette contributed to the authorship of the current draft of the ordinance and is the building commissioner for Jackson County Planning and Zoning. It is estimated the meeting will adjourn at 8:45 p.m.

To provide clarity about the ordinance having an adverse effect concerning particular land use rights, it will be helpful if those posing questions and statements refer to the specific chapter and section of concern in the proposed ordinance. The complete current version of the ordinance is available on SalemLeader.com at https://salemleader.com/featured-news/proposed-zoning-ordinance-of-washington-co-to-be-discussed-feb-4. Also on the website of the Washington County Planning Commission at https://cms7files1.revize.com/washingtonin/Washington%20County%20Zoning%20Ordinance1-12-25.pdf

There will be at least one more public meeting before drafting a final version of the ordinance. According to the “Frequently Asked Questions” section of the planning commission’s website, once a draft of the ordinance is finalized, “the Plan Commission can choose to (1) recommend the proposed ordinance to the Commissioners for approval, (2) amend the proposed ordinance and recommend to the Commissioners for approval, or (3) make no recommendation to the Commissioners. If the ordinance is recommended to the Commissioners, they are required to have two meetings of the proposed ordinances.”

The proposed ordinance will establish comprehensive zoning regulations for the county and will provide for administration and regulation. Furthermore, it will serve to repeal prior conflicting ordinances and amendments.

The purpose of the ordinance is to “promote health, safety, comfort and quality of life, as well as conserve and protect property values within Washington County.”

Planning Commission President Todd Ewen said, “although most of the rules are already on the books, we need to bring them up to modern times.” For example, solar farms are not addressed in earlier versions of ordinances. “Things change,” added Ewen. “State legislators passed laws suggesting what counties need to adopt to regulate solar farms.”

He added that rules determining where to put driveways, disallowing stacked vehicles and excessive junk, and even setting standards for accepted swimming pool covers can all have a great impact on ensuring safety. The rules and regulations are not put into place to infringe on rights, but to protect the safety and quality of life for all county residents. This will also serve to make the county more attractive to those considering moving here and help attract businesses, thereby improving the county’s economic standing.

The current draft of the ordinance is a compilation of previous ordinances, amendments and other documents, state laws, and portions of ordinances that have been adopted by other counties.

Ewen said, “The state gives general guidelines. We are not making rules that are more stringent than current state law.”

Members of the Washington County Plan Commission include:

Todd Ewen, president, county commissioner for District 2
Kevin Baird, Vice President
Andrew Katt, director for county erosion control
Andrew Davisson, county councilman for District 2
Danielle Walker, county extension agent
David Lyles
Emily Rodman, county surveyor
Lori Gilstrap
Marsha Dailey
Lisa M. Fleming, attorney for Washington County Plan Commission/Board of Zoning Appeals

The board members represent over 41 years of experience with the planning commission. “Everyone lives in this community, and we all have to follow the rules,” said Ewen.

Ewen wants the Feb. 4 meeting to be run in a professional, truthful and civil manner. “You will do your friends and neighbors a disservice if you don’t tell the truth.” It is hoped that much of the misinformation surrounding the ordinance will be absent from this meeting.

The plan commission released the following information on Jan. 20 set the record straight on much of the misinformation:

Proposed Zoning Ordinance Frequently Asked Questions, Updated 1/20/2025

1. If my neighbor complains more than three times about my farm animals, can I be fined?
This is not true and is not included in the proposed ordinance.

2. Is it being proposed that all vehicles must have current registration to be on the property?
This is not true and is not included in the proposed ordinance.

3. Is it being proposed that garages cannot be closer to the roadway than the home?
This is not true and is not included in the proposed ordinance.

4. Is it being proposed that I must have a residence on the property prior to building a barn or garage?
The proposed ordinance only regulates this in Residential Zoning Districts (Residential 1 & Residential 2). As proposed, only platted communities such as Canton and Martinsburg are zoned Residential.

5. Is it being proposed that I have to receive a special exception or a variance from the Board of Zoning Appeals to build a residence in the Agricultural Zone or the Recreational Zone?
This is not true. Single-family dwellings are permitted uses in the Agricultural, Recreational, and Residential Zoning Districts.

6. Is it being proposed that I cannot have livestock on my property if I do not have more than 5 acres?
The proposed ordinance only regulates livestock in Residential Zoning Districts (Residential 1 & Residential 2). As proposed, only platted communities such as Canton and Martinsburg are zoned residential.
Note: Standards exist for animal feeding operations, confined feeding operations, and confined animal feeding operations. These standards are found in Chapter 10-3.

7. Does this ordinance stop me from building a barndominium?
This is not true and not included in the proposed ordinance. A barndominium is a single-family dwelling and would follow the proposed ordinances as such.

8. Why are swimming pool regulations being proposed, especially the part about pools having to be in the backyard?
The proposed ordinances regarding swimming pools are based on state statutes and cannot be amended by a local municipality.

9. Is it being proposed that businesses cannot operate from a garage?
Low-Impact Home Occupations are permitted and shall comply with the standards in Chapter 10-2 Residential (4) Low-Impact Home Occupations.

10. What if I already operate one of the home occupations that is listed as “not permitted”?
Home occupations in operation before the adoption of the proposed ordinance can continue operating as they are after adoption of the proposed ordinance. This is considered a legal non-conforming use or “grandfathered exemption.”

11. What if I want to operate one of the home occupations that is listed as “not permitted” after the proposed ordinance is adopted?
Occupations listed as “not permitted” in the Home Occupation portion of the proposed ordinance would require a special exception from the Board of Zoning Appeals to begin operation after the proposed ordinance is adopted.

12. Do I have to sign-up to speak at the Public Hearing at the Plan Commission Meeting on Tuesday, February 4, 2025?
Yes, upon arrival at the Public Hearing, anyone interested in speaking should sign-in on the sign-in sheet available with their name, address, and contact information.

13. What is the timeline for adoption, if this ordinance is recommended to the Commissioners for approval?
After the Public Hearing on February 4, 2025, the Plan Commission can choose to (1) recommend the proposed ordinance to the Commissioners for approval, (2) amend the proposed ordinance and recommend to the Commissioners for approval, or (3) make no recommendation to the Commissioners. If the ordinance is recommended to the Commissioners, they are required to have two
meetings of the proposed ordinances.