APC debates zoning-ordinance updates: accessory units, PUD size, flag lots, tiny homes and staffing needs

Boone County Area Planning Commission members reviewed a package of proposed zoning-ordinance amendments and related planning topics, including rules for single-family homes in Agricultural districts, accessory dwelling units, planned-unit developments, flag lots, tiny homes, and departmental staffing and fees.

The commission discussed staff-drafted language and gave the planning director and county attorney direction to begin drafting text for formal consideration and advertisement; no ordinance changes were adopted at the meeting.

Why it matters: The changes under discussion would alter how homes and small secondary dwellings are permitted in rural areas, how large mixed-use developments (PUDs) are reviewed, whether flag lots remain allowable, and how tiny homes are treated inside town limits. The items affect future permitting, enforcement and county staffing needs.

Single-family in Ag district

Interim Planning Director Deborah Luzier proposed allowing some new single-family residences in the Agriculture district to proceed through a technical-advisory-committee (TAC) review process rather than requiring a special exception to the Board of Zoning Appeals. Luzier said current practice has most single-family requests approved by the BZA conditioned on TAC comments, and the ordinance change would streamline that review while retaining technical scrutiny. Commissioners asked for clarifying language on appeal rights if TAC raises concerns; Luzier confirmed an appeals path to the commission could be retained.

Accessory dwelling units (ADUs)

Staff proposed formal ADU rules to address frequent inquiries. Luzier said proposed standards would set a minimum ADU size of 400 square feet and cap ADUs at the lesser of 1,500 square feet or 50% of the primary dwelling’s ground-floor living area. Draft language also would require ADUs to remain under the same ownership as the primary dwelling and the owner to live on-site in one of the units. Commissioners raised enforcement concerns about residency or family-only conditions and noted past practice of affidavits and deed restrictions; staff said deed restrictions or recorded agreements could be used but warned enforcing “family-only” restrictions is difficult.

Planned-unit development (PUD) standards

The commission discussed revising PUD rules to require clearer content and process in the PUD district ordinance. Staff suggested reducing a prior 1,000-acre threshold to a proposed minimum of about 100 acres before using the PUD process, but commissioners noted precedents in the county and that recent commissioner action eliminated some acreage/utility requirements for specific projects. The group agreed the developer should prepare a comprehensive PUD document up front and that the PUD ordinance itself should be sufficiently standalone to avoid future administration headaches.

Flag lots and lot-ratio rules

Commission members reviewed concerns raised by the Board of Zoning Appeals about flag lots. Discussion focused on the 3:1 depth-to-width ratio used to limit flag-lot creation, emergency-access/addressing issues, and the potential for a house behind another residence to create privacy or enforcement issues. Some members supported an explicit ban on new flag lots; others said clarifying measurement rules and variance standards could address the problem.

Tiny homes and town requests

Luzier reported that the Town of Advance asked to allow smaller homes within their limits, proposing 400–799 square-foot homes limited to one bedroom and up to two occupants, and 800–899 square-foot homes limited to two bedrooms and up to four occupants. Commission members said they could support a tiny-home category limited by bedroom count but recommended omitting occupant caps (difficult to enforce). Staff will ask Advance for clarified expectations.

Fees, inspection coverage and staffing

Commission members discussed proposed fee-schedule changes and inspection services for small towns. Planning staff recommended setting inspection fees to $45 per inspection to standardize charges and support interlocal inspection services for towns that request them. Members raised ongoing capacity concerns: the planning office currently has limited inspection and planning staff, and commissioners asked staff to propose part-time or entry-level planner options during upcoming budget discussions. Members generally supported drafting an ordinance and fee schedule, and staff was directed to prepare formal text for review and advertisement.

Ending

The APC did not adopt ordinance changes at the meeting. Directors were authorized to draft proposed ordinance language, consult the county attorney, and return the text for public hearing and formal action. Commissioners asked staff to provide more detailed language and enforcement options for ADUs, flag-lot rules, PUD content, and tiny-home parameters.