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Consultants outline Newton County UDO rewrite; commissioners press to limit density in District 3

Newton County Board of Commissioners · December 4, 2024
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Summary

Consultants presented a draft Unified Development Ordinance (UDO) update, reviewed outreach findings and proposed drafting steps; commissioners raised strong concerns about overdevelopment in District 3 and asked whether overlays could ban multifamily housing there.

Consultants leading Newton County’s Unified Development Ordinance update told the Board of Commissioners on Monday that the UDO will be drafted to implement the county’s comprehensive plan and to give applicants and neighbors clearer, more predictable rules. "The unified development ordinance is the primary regulatory tool that the county has…to implement their comprehensive plan," said Brian Mabry, a consultant on the project.

The presentation reviewed the project schedule, stakeholder outreach from September and an assessment the consultants prepared in July. Mabry said the team will draft the ordinance in two modules: one covering zoning districts and land uses, the other covering development standards, subdivision standards and review procedures. He said the draft will use plain English, include tables and graphics for usability, and include appendices (for example, a plant list) that can be updated without a formal text amendment.

Consultants summarized common concerns heard during outreach, including perceived overdevelopment on the county's west side, narrow streets near townhouse and apartment projects, inconsistent notice thresholds for changes to approved plans, and a demand for both affordable and higher-end housing. Mabry said the UDO can help by aligning zoning with adopted plans, expanding housing types the code recognizes ("cottage courts," accessory dwelling units, tiny houses and live/work buildings), and by adding design standards to preserve small‑town character.

On procedural changes, Mabry described an example administrative adjustment process to reduce minor burdens on applicants: "If there's like a 15% encroachment into a setback…that can be approved by staff under certain criteria," he said, noting the alternative is a variance hearing before the zoning board of adjustment. He also cited standard elements staff requested be clarified in the UDO, including application timing, who makes recommendations, notice requirements and expiration rules (he used a sign-permit example and noted approvals could expire after two years if a sign is not built).

Commissioners used the work session to press the team on local priorities. Commissioner Lindsey said District 3 residents have repeatedly raised concerns about "overgrowth," traffic and density and asked whether the consultants would avoid adding density there or could draft a special overlay to prohibit multifamily housing. "No apartments. No town homes. No nothing in that area," Lindsey said, urging that such restrictions be made a priority in the assessment.

Mabry told the board that overlays can be crafted to remove uses (including multifamily) or to lower allowed density in a given area, and that the team will balance what commissioners and the public have asked for with the comprehensive plan and staff input. He gave a hypothetical of changing a district’s allowable units per acre (for example, from 6 units per acre to 4 or 5) as one tool to reduce future density in a location.

Other commissioners reiterated the need for balance. Commissioner Long said residents want the board "working for the people that live here now, not the people that are coming," and asked the consultants to avoid producing a generic document. Commissioner Mason urged countywide "smart growth" thinking that concentrates growth where appropriate while preserving rural character elsewhere.

Next steps the consultants outlined include outreach with a steering committee, an open-house event the following evening at the same facility, and individualized follow-up meetings between staff, consultants and each commissioner to collect targeted feedback before the first draft is circulated. Mabry said the draft will be provided to commissioners for review and revision.

The consultants concluded the work session without any formal votes; commissioners requested prioritized consideration of District 3 protections and pledged to provide written feedback and to meet with staff and the consultants ahead of the draft ordinance release.