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Plan Commission narrows agricultural height exception for accessory structures; removes wide exception outside A-1/A-2 zones
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Summary
Porter County planning staff proposed — and the Plan Commission approved — removing an administrative exception that allowed accessory structures up to 50 feet tall across nonagricultural zones when applicants claimed agricultural use.
Porter County planning staff proposed — and the Plan Commission approved — removing an administrative exception that allowed accessory structures up to 50 feet tall across nonagricultural zones when applicants claimed an agricultural use. The change limits the 50-foot agricultural height exception to A-1 and A-2 zoning and asks applicants in other zones to seek relief through the Board of Zoning Appeals (BZA).
Why it matters: staff told the Plan Commission that the county's current rules allow applicants in residential and rural-residential zones to seek an agricultural exemption for accessory structure height by providing a USDA eligibility number. Staff said USDA numbers vary in how they are issued and can be claimed without on-site verification, producing inconsistent administrative approvals.
Staff explanation and proposal Planning staff asked the commission to withdraw the administrative exception in chapter 5, section 5.06 (and related provisions) that treated agricultural use as an automatic avenue to exceed standard accessory structure limits. Staff noted an existing cap in the UDO that limits total accessory structure area on many parcels (the transcript cites a 1,300-square-foot cap for accessory structures in certain contexts) and said the agricultural-height exception was being used too broadly.
Staff proposed removing the farming exemption for height in all zoning districts except A-1 and A-2; applicants on parcels outside A-1/A-2 could still pursue relief through the BZA on a case-by-case basis. A staff speaker summarized the change: "remove the exception for all but the A 1 and A 2." (staff comment.)
Questions and rationale Commissioners and staff discussed that some townships are mapped as rural residential even though active farms operate there; that reality creates enforcement and consistency challenges when applicants present USDA paperwork or claim agricultural uses. A commissioner noted the assessor and staff frustration with people presenting USDA forms and expecting automatic allowances.
Outcome and implementation A motion to approve staff's recommendation to remove the exception outside A-1 and A-2 was made and seconded; the commission approved the change by voice vote. Staff said it will draft the amended text for the UDO that removes the exception in non-A zones and will retain the right for property owners to seek BZA relief in unusual circumstances.
Ending: The commission voted to adopt staff's recommendation; staff will prepare ordinance language reflecting the narrower agricultural exemption for accessory-structure height and present it for the County Commissioners' consideration.
