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Commissioners adopt broad package of zoning and overlay code changes including New Harmony and lighting rules

Washington County Board of Commissioners · September 18, 2024
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Summary

The Washington County commission approved a group of zoning updates—amendments to the Scenic Byway overlay, a new Village Commercial zone, an updated New Harmony Valley overlay, and consolidated walls/fences/lighting code—after extended staff presentations and redline amendments aimed at balancing dark-sky protections, private-property rights, and development flexibility.

Washington County commissioners on Sept. 17 approved a package of zoning and land-use changes intended to clarify overlay rules, provide new commercial options, and centralize standards for fences, retaining walls, landscaping and outdoor lighting.

Key votes included: adoption of ordinance 2024-1270-O (Scenic Byway overlay clarifications, including ADU sizing guidance), 2024-1271-O (revised Title 10 Chapter 15 covering retaining walls, landscaping, buffering and outdoor lighting with targeted amendments), 2024-1272-O (new Village Commercial zone), and 2024-1273-O adopting the New Harmony Valley overlay zone and related development standards. Many of the amendments were read into the record as red-line changes and addressed commissioner concerns about property-rights limits, signage near I-15/SR-144, and preserving dark skies in sensitive areas.

On the Scenic Byway overlay, staff proposed a 2,500-square-foot ADU cap but commissioners amended the limit to 3,500 square feet for lots that meet existing code thresholds, aligning the overlay with the county—ode's tiered ADU approach. The Title 10 Chapter 15 rewrite split retaining walls into 15A, buffering and fencing into 15B, and outdoor lighting into 15C; commissioners added specific language to allow barbed or razor fencing where used for livestock and restricted lighting requirements in some areas to overlay zones such as New Harmony, Pine Valley, Scenic Byway and Kolob to protect special places while not imposing countywide limits immediately.

The New Harmony Valley overlay was adopted with a "new" redline version intended to replace a temporary moratorium that would have expired on Sept. 29, 2024. Commissioners moved to add and clarify density bonuses (preserve 49% open space for a 50% density bonus under certain conditions), refine architectural-exemption language for single-family and two-family dwellings in planned developments, and allow several limited indoor commercial uses (for example, gunsmith, indoor recreation, limited auto sales/repair inside buildings) while retaining protections for open space and scenic views.

County staff and commissioners said the changes aim to balance private-property rights, economic vitality and resource protections; several commissioners asked staff to return with minor refinements where needed. No citizen-initiated amendments or defeats of the ordinances were recorded at the meeting.