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Planning committee reviews broad rewrite of Gary’s land-use code; final council vote set for May 19
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Summary
The Gary Common Council Planning & Development Committee on Monday reviewed Ordinance 2026-16, a comprehensive unified development ordinance that would add accessory-dwelling rules, design standards for signs/landscaping/parking/fences, solar permitting and a new development-plan intake process; enforcement changes and procedural updates for the plan commission and BZA were also discussed.
The Gary Common Council’s Planning and Development Committee spent its meeting reviewing Ordinance 2026-16, a proposed unified development ordinance that would rewrite large parts of the municipal code to add design standards, clarify review procedures and tighten enforcement.
Planning Director Corey Sharp told the committee the draft code — posted on the city’s website at gary.gov/planning — reorganizes land uses and sets new standards for accessory structures, accessory dwelling units (ADUs), signs, landscaping, parking and fencing. “This draft code is on our website at gary.gov/planning,” Sharp said, outlining the ordinance’s goals to align the code with the city’s comprehensive plan and to make submission requirements clearer for developers.
Why it matters: Committee members and staff said the rewrite is intended to prepare Gary for anticipated development and to make approvals more predictable. Sharp described a new pre-permit development-plan process that would collect site plans, landscape plans, building elevations and engineering studies earlier so the city can coordinate technical review across departments before building permits are issued.
Key provisions and staff explanation - Accessory uses and ADUs: The draft requires accessory structures to be subordinate to a primary structure and adds accessory dwelling units on single-family lots to increase housing diversity and affordable options for seniors and students while aiming to preserve neighborhood character. A council member asked whether ADUs could be used as short-term rentals; Sharp said ADUs are secondary to a primary structure and noted state law may affect permissible uses.
- Solar and permits: The ordinance creates noncommercial solar design standards for roof- and wall-mounted systems, requires neutral tones and prohibits signage on panels. Sharp said the city will require a solar permit and an application to verify structural safety.
- Development-plan triggers: Staff said certain thresholds will trigger a development-plan review: manufacturing buildings above 70,000 square feet and residential projects of 150 or more dwelling units will generally require traffic studies and additional technical review. Sharp said the city used INDOT standards and peer communities to set those triggers.
- Signs, landscaping and parking: Zoning Administrator Dr. Sylvia Martin described district-based sign rules, mandatory landscaping to provide buffers and lot-size-based parking requirements that aim to prevent auto lots and other sites from spilling vehicles into public rights-of-way. Sign size and flags are measured by square footage and height limits will vary by district; Martin stressed the city cannot regulate sign content but can limit size, height and lighting.
- Fencing and neighborhood character: The proposed fencing rules would align setback expectations with the prevailing pattern in a neighborhood to reduce the need for variances and avoid impractical setback requirements on small lots.
- Animals: The ordinance sets limits on the number of chickens, roosters and dogs based on lot size. Martin said enforcement is standards-based and that property owners can seek variances from the Board of Zoning Appeals (BZA); she emphasized enforcement would be handled case-by-case rather than by automatic removal of animals.
Procedural and enforcement changes - Plan commission and BZA: Attorney Marco Molina said sections 28 and 29 more explicitly state the authority, duties and procedures of the Plan Commission and the BZA, require written findings for decisions, and clarify terms, conflict-of-interest rules and recordkeeping. Commitments made to secure approvals could be recorded against land so future buyers see conditions attached to a parcel.
- Commitments and neighbor enforcement: Molina said recorded commitments can be enforced by the planning commission or by neighbors living within 600 yards of a property if a developer fails to honor agreed conditions.
- Enforcement coordination: Staff explained the planning department will coordinate with code enforcement and the BZA; code enforcement officers can issue citations and the planning department’s attorney will attend legal proceedings as needed.
Legal questions and timing Council legal counsel Renzo Williams raised a recent statutory change related to vacation of public ways (identified in the discussion as Indiana Code 36-7-3-12), which now allows petitioners to take some matters directly to the council. Molina confirmed the ordinance language reflects that change but cautioned the statute’s timelines (raised during the meeting) could present logistical challenges for the city.
Public comment and next steps One resident, Brian Segars, identified himself as a newly purchased homeowner in the Van Buren Corridor and thanked staff for the code work. Committee members and staff said the ordinance has been informed by community input, that neighborhood forums will be scheduled as the city adopts a new zoning map, and that the committee’s discussion was a second presentation of the draft. The chair said the ordinance will proceed to the full Common Council for a final vote on May 19.
What happened procedurally: No final vote was taken by the committee. The ordinance was discussed in detail and scheduled for final consideration by the full council on May 19. Staff offered to host neighborhood forums and post materials online so residents can review the draft and ask questions.
