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County loosens height and ADU rules in UZO amendment; disability advocate supports rural ADU flexibility
Summary
Tippecanoe County adopted UZO Amendment No. 124 (Ordinance 2026‑09‑CM) to raise multifamily height limits to 40 feet and expand accessory dwelling unit (ADU) size caps (to the lesser of 50% of primary dwelling GFA or 1,200 sq ft, with a basement exception); public comment supported the change and noted accessibility concerns.
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The commissioners adopted UZO Amendment No. 124 (Ordinance 2026‑09‑CM), a package of zoning text changes that include raising an antiquated multifamily height limit and liberalizing accessory dwelling unit (ADU) standards for rural properties.
Staff explained that R3W and R4W multifamily height limits were originally set low when local fire departments were less prepared for taller buildings; the amendment sets a 40‑foot building height measure consistent with other zones and leaves variance or plan development processes available for taller projects.
On ADUs, the ordinance replaces the previous cap (the lesser of the primary dwelling gross floor area or 750 sq ft) with a cap equal to the lesser of 50% of the primary dwelling's gross floor area or 1,200 sq ft, and makes that cap non‑variable by placing it in the definition section. The amendment also allows an ADU to occupy a full basement floor even if that floor exceeds 1,200 sq ft, prohibits transient guest houses on properties with ADUs, and removes the requirement for a separate driveway cut for an ADU (leaving driveway access control to County Highway safety determinations).
Steven Riggs, a rural property owner who uses a wheelchair and supports the change, told the board the language preserves some flexibility for exceptional circumstances (for example, ramps or other accessibility improvements that slightly increase gross floor area) and thanked APC for the approach. "I appreciate the area plan commission's consideration of this...gross living area is not simply the definition of living space," he said.
The ordinance committee and the Area Plan Commission recommended approval; the board adopted Ordinance 2026‑09‑CM by unanimous voice vote (3–0). Staff said the changes will be published and implemented in the county zoning code; staff also noted municipalities did not join early versions of the ADU change and the amendment principally affects unincorporated Tippecanoe County.
Next steps: staff will update the UZO text, publish the amended definitions and standards, and field inquiries from property owners planning ADUs under the new thresholds.

