Commissioners approve accessory-dwelling rules, new 'fueling center' definition and three rezonings

Tippecanoe County commissioners on March 3 adopted an ordinance allowing accessory dwelling units in specified rural zones, approved a new zoning definition for hybrid fueling centers and approved three related rezoning and commitment requests, each by a 3-0 vote.

The accessory dwelling unit ordinance limits the new unit to a subordinate dwelling on the same lot, requires owner occupancy of one of the dwellings, caps the accessory unit at no more than 50% of the main house’s area and sets a hard ceiling of 750 square feet for the unit. "It allows you to create a unit within the interior of the existing structure, it could be an attachment or it could be detached," Ryan [last name not specified], Area Plan staff, told the board. "It is ultimately a subordinate, residential dwelling." The county version restricts the use to agricultural (A, AA, AW) and rural estate (RE) zones, and staff recommended approval.

The board also created a new "fueling center" category to cover hybrid facilities that serve both passenger vehicles and some trucking needs but are not full truck stops. Area Plan staff said the change was prompted by recent rezoning requests that had required heavy industrial (I3) zoning under existing definitions. "We're trying to create a definition and assign it to zones for something that is in between," Ryan said. The new category would be permitted in HB and GB zones, with some NB allowances via special exception; the ordinance before the commissioners does not include a 500-foot separation requirement that the ordinance committee had discussed.

Kevin Riley, an attorney with RTS Law representing a petitioner mentioned during the hearing, told the board his client supported the new classification and the committee's approach to leaving separation decisions to the legislative body. "We agree with the new classification for fueling center and that they're restricted to the GB and HB zones," Riley said.

On individual land-use items, the commissioners approved: - Ordinance 2025-04-CN: Accessory dwelling unit amendment (passed 3–0). - Ordinance 2025-05-CM: New definition for fueling centers (passed 3–0). - Ordinance 2025-06-CM: Rezone Z-2960 (Greg Suter / Winborn Real Estate) from its prior classification to rural estate (RE) for a roughly 21-acre, seven-lot subdivision (passed 3–0). - Ordinance 2025-07 (commitment): Rezoning/commitment related to the Domino Group gasoline service station to extend previously agreed commitment language onto an adjacent site (passed 3–0).

Area Plan staff noted the ADU change does not override homeowners association covenants; an HOA may still prohibit ADUs within its covenants. Staff also stressed that duplexes remain a separate, existing allowance in certain agricultural zones but subject to stricter construction standards (for example, firewall separation).

The measures were routine and drew no public opposition at the meeting. The board recorded roll-call style confirmations of the ordinances: Commissioner Jennifer Murtaugh, Commissioner Brown and Commissioner Byers voted yes on the measures where names were recorded; several items were adopted by general assent in open voice votes when no roll-call was requested.

The ADU ordinance and fueling-center definition will appear on the county zoning map and in the county code as adopted; staff said the city of Lafayette is separately pursuing a study that may lead to additional parameters for fueling centers inside city limits and that the county will coordinate as that process proceeds.