NOTICE OF PUBLIC HEARING FOR

THE ADOPTION OF A UNIFIED DEVELOPMENT ORDINANCE and ZONING MAP,

AND REPLACING THE ZONING AND SUBDIVISION CONTROL ORDINANCES AND ZONING MAP

In accordance with IC 36-7-4-602(b), IC 36-7-4-602(c), and IC 36-7-4-604, notice is hereby given that the City of Huntingburg Plan Commission will conduct a public hearing on March 22, 2021 at 5:30 p.m., at the Council Chambers of the City Office Building, 508 E. Fourth Street, Huntingburg, Indiana, to consider the City of Huntingburg Unified Development Ordinance and Zoning Map.

The geographic area affected by the proposed amendment includes all area within the corporate limits of the City of Huntingburg (City), and the unincorporated contiguous areas surrounding the City in Patoka Township, Dubois County, bounded as follows:

Bounded on the north by the north section lines of Section nos. 20, 21, 22, and 23 in Township 2 South, Range 5 West; bounded on the east by the east section lines of Section nos. 23, 26 and 35 in Township 2 South, Range 5 West, and the east section lines of Section nos. 2 and 11 in Township 3 South, Range 5 West; bounded on the south by the south section lines of Section nos. 11, 10, 9, and 8 in Township 3 South, Range 5 West; and bounded on the west by the west section lines of Section nos. 8 and 5 in Township 3 South, Range 5 West, and the west section lines of Section nos. 32, 29 and 20 in Township 2 South, Range 5 West.

A summary of the contents and general subject matter contained in the UDO and Zoning Maps is set forth below:

• Unified Development Ordinance
  1. Chapter 1 – Introductory Provisions: the enabling language for a UDO as well as its purpose and intent.
  2. Chapter 2 – Zoning Districts: identification of each zoning district and the respective purpose, permitted uses, and development standards.
  3. Chapter 3 – Site Development Standards: the specific development standards such as buffer yards, lighting, parking, signage, and structures.
  4. Chapter 4 – Use Development Standards: the specific development for certain uses such as adult businesses, accessory dwellings, home occupations, and wireless communication facilities.
  5. Chapter 5 - Subdivision Types: a description of the various types of subdivisions, including commercial, industrial, major residential, and minor residential.
  6. Chapter 6 – Subdivision Design Regulations: the design standards for the development of a subdivision, including access, drainage, sidewalks, and utilities.
  7. Chapter 7 – Subdivision Administration and Procedures: the procedures for the approval, platting, and construction of a subdivision.

Sec. E.5. Enforcement.

1. Penalties.
2. Fines and Costs. Any person, corporation, firm or other entity who shall violate any of the Subdivision Control Regulations of Chapters 5, 6, or 7 of this Unified Development Ordinance (UDO), or fail to comply therewith, or with any of the requirements thereof, shall, for each such violation, be guilty of an ordinance violation and shall be subject to the fines and costs as set out in Chapter 8., Sec. F. 3.
3. Chapter 8 – Zoning Administration and Procedures: the role of the PC and BZA as well as the procedures for their duties and other responsibilities and fees. Also, the procedures for complaints/violations/remedies as well as penalties as more specifically described below:

    Sec. F.  Complaints, Violations, and Remedies

3. Penalties.
4. Fines and Costs. Any person, corporation, firm or other entity who shall violate any of the provisions this Unified Development Ordinance (UDO), or fail to comply therewith, or with any of the requirements thereof, or who shall build, reconstruct or structurally alter any structure or site in violation of any of the provisions of this UDO, shall, for each and every violation, be guilty of an ordinance violation, and upon conviction by a court of competent jurisdiction shall be fined not less than one hundred dollars ($100.00), and not more than three hundred dollars ($300.00) for each such violation.  Each day that such violation or non-compliance shall be permitted to exist after issuance of an ordinance violation citation shall constitute a separate violation for which a separate fine shall be assessed.  If the jurisdiction is required to institute legal action to enforce compliance with this UDO or to collect a fine thereunder, the violator shall also be responsible for the jurisdiction’s reasonable attorney fees and costs related to enforcement or collection.
5. Chapter 9 – Non-conforming Lots, Structures, and Uses: the provisions for non-conformities after adoption of this UDO.
6. Chapter 10 – Definitions: the definitions relative to the administration of this UDO.

• Zoning Map
• Changes to the zoning map include allocation of new zoning districts that align with the UDO Zoning Districts such as the Parks/Institutional District, Mixed-Use District, and Neighborhood Commercial District.
• Some of the abbreviations and names for existing zoning districts have been updated to align with the UDO such as the residential zoning districts, business zoning districts, and the Downtown Mixed-Use District.
• All parcels outside of the City municipal boundaries and within the extra-territorial jurisdiction have been zoned based on their existing use.
• The Aircraft Overlay District has been amended based on federal standards.
• The previous Conservancy District has been updated as an overlay district and new zoning districts have been applied to that area based on their existing use.
• The Mobile Home Park District was removed.

A copy of the proposed Unified Development Ordinance and Zoning Map is available for public review at the Clerk-Treasurer’s office, 508 E. Fourth Street, Huntingburg, Indiana, during the regular business hours of Monday thru Friday, 8:00 am-4:00 pm and on the City’s website: https://www.huntingburg-in.gov/egov/documents/1611675732_78058.pdf.

Written objections to the proposed UDO may be filed with the City in advance of the public hearing at: Huntingburg Plan Commission, Attn.: Paul Lake, 508 E. Fourth Street, P.O. Box 10, Huntingburg, Indiana 47542 during the regular business hours of Monday thru Friday, 8:00am-4:00pm or by U.S. mail. Oral comments concerning the proposed amendment will be heard at the public hearing. The public hearing may be continued from time to time as may be found necessary.

Dated: March 5, 2021                                                 City of Huntingburg Plan Commission

                                                                                    /s/ Paul Lake                                      

                                                                                    Planning Director

Note:   Publish in The Herald one time no later than March 12, 2021, and post at City Office building and on City’s website.