ExPRESS
An ExPRESS news feature - January 13, 2007

Not in my back yard!
(wanna bet?)

Planning comes first. Zoning is the tool to help implement the plan.

Land Use Planning,
Zoning

local leaders believe the
time has long since come ...
are we ready yet?

By Karen Clem Fritz

Pulaski County is a rural paradise, and most who live here hope to preserve its small town wholesomeness for a long time to come.

But that will never happen, according to community and economic development experts, unless county leaders move quickly to initiate planning and zoning measures to protect the county from the ever increasing dangers of haphazard development which can result in a negative impact on local economy and quality of life issues.

Demographics show that each year, the number of families relocating to rural areas from the larger cities is growing. Modern communications technology, transportation and the desire to raise families in a small town setting all contribute to the move. Pulaski County is experiencing growing pressure from the continual expansion of northwest Indiana, and U.S. 421 is a funnel into the county - for better and worse.

Over the past 40 years, Pulaski County has had a long and agonized history involving the various attempts to draw up a comprehensive land use plan to guide its future development. A referendum on a zoning plan was turned down by voters in the late 1960s. In the years since, meetings to discuss the issue have been disrupted by outspoken opponents of zoning, and county officials have even been threatened if they pursued the matter.

“Planning scares some people,” acknowledges Val Slack of Purdue University’s Cooperative Extension Service in West Lafayette. “No one wants to be told what to do, and some feel planning threatens individual rights.”

But more and more, local residents appear to be reaching the understanding that land use planning is a vital means of protecting their own property values, and more importantly, enhancing the local economy and preserving the rural nature of the communities.
Pulaski County is the only remaining county in northern Indiana without county-wide planning and zoning. Residents, business owners, farmers and county economic developers have come to realize this leaves the county very vulnerable.

When the county council created the Pulaski County Community Development Commission (CDC) over 10 years ago, the new commission members soon concluded that the county’s economic development was hampered by the lack of county planning.
Whether it’s outside residential housing developers or prospective business and industry owners looking to locate in Pulaski County, they are all accustomed to zoning and feel unprotected and uneasy about proceeding without it.

After several years of attempting to work without a zoning plan, the CDC undertook a study of the county’s needs and potential and developed its own strategic plan to assist the commission in its community development efforts. A centerpiece of the plan, adopted in early 2004, was to develop a land use master plan and zoning ordinances by 2005.

“I guarantee you that the lack of planning and zoning is hampering your economic development,” Jim Mooney, a Valparaiso consultant on the strategic plan, told the CDC at the time.

But any effort to proceed with planning and zoning for the county must be approved by the county commissioners.
Three years after adopting its strategic plan, the CDC has yet to win the support of the commissioners.

A new effort begins

But recent events in the county have led the CDC to initiate a new effort to educate county residents and prepare a guide and timeline to present to the commissioners to enable them to begin the process for land use planning for Pulaski County.

The CDC is not alone in promoting this issue. Many other elected officials, including county council members and town board members, plus business, industrial and agricultural leaders, developers, and health department and school officials are in favor of county planning and zoning.

What zoning can and cannot do

Zoning Can:
•assist economic growth by helping reserve adequate and desirable sites for industrial and commercial users.
•protect property from inconsistent or harmful use.
•protect individual property owners from harmful or undesirable uses of adjacent property.
•provide orderly and systematic transition in land use that benefit all land uses through public hearings and local decisions.
•help prevent objections to normal and necessary farming operations.
•make the community more attractive by assisting the preservation of open space, unique natural resources, and natural terrain features.
•inform residents where industry will be allowed to develop in an orderly fashion.
•protect a community's historic and architectural heritage.
•provide standards for population density and traffic circulation.
Zoning Cannot:
•change or correct land uses already in existence.
•prohibit farm buildings or interfere in farming decisions, such as crop or livestock selection.
•establish higher development standards than the community desires.
•guarantee that industrial, commercial, or tourism development will take place.
•assure that land uses will be permanently retained as assigned under the zoning resolution. (Rezoning is possible in response to changing conditions and unanticipated opportunities.)
•replace a building code.
•assure the proper administration of the zoning ordinance.

From “Communities on Course: Land Use”
Purdue University Cooperative Extension

Pulaski County’s new commissioner, Paul Grandstaff, admits he has much to learn on the issue.

“I can see that there are points on both sides,” he says. “But my general impression is that not having it (zoning) is going to hurt us more than help us. I think ultimate approval will depend on how a proposed plan is worded.”

Commissioner Terry Young has expressed an interest in developing ordinances that would address residential subdivision development, junk yards, mobile homes and right-to-farm issues.

Fred Jeffers, Pulaski County’s new building commissioner, is eager for the county to adopt a land use plan. In fact, he stresses the county “needs it yesterday.

“Businesses are not going to come here unless we have the rules and regulations that protect them,” he explains. “Starke, Marshall and Jasper counties are booming, and we’re missing out.”

Jeffers is also troubled by some of the requests coming into his office. If scare tactics are what’s needed to move people on this issue, he can provide them.

“In the last four weeks, I’ve had four separate inquiries about locating junk yards in the county,” he reports. “They already have the land, and there’s nothing to be done to prevent them.”

Jeffers shares another new inquiry that gives him pause, a proposal to build a primate “nursing home,” reportedly a facility for the baboons used in pharmaceutical testing to live out the remainder of their lives.

Such a business may prove in the end to be a sound enterprise. But the lack of zoning here leads to suspicion about such inquiries and places the county in danger of being a laughing stock or worse.

Apparently even the Amish - the standard bearers of separation from the modern world - won’t locate a business in Pulaski County without zoning.

Extension educator Michael Reetz relates a recent experience of meeting with two Amish men, driven to his office from Ohio, who were seeking to purchase land in Pulaski County to expand their business. After asking a series of questions, they inquired about the county’s zoning regulations. When Reetz told him there weren’t any, they responded that they felt uncomfortable locating in an area without zoning and left.

How to begin?

Val Slack of Purdue’s community land use department says communities need “maps,” or comprehensive plans, to lead them successfully into the future.

The first step the commissioners must take to begin the land use planning process is to appoint a county plan commission. A plan commission is a legally mandated group of people who draft a comprehensive plan and a zoning ordinance. They also make recommendations to elected officials on proposed changes.

Planning comes first. Zoning is the tool to help implement the plan.

Plan commissions prepare communities for growth and change. They serve a unique position in local government. It is an independent commission made up of private citizens with neither legislative nor administrative authority. It is an advisor to a governing body. It also advises local governmental departments and officials, public agencies, private developers and other individuals on matters related to the community’s development.

The planning legislation found in the Indiana Code encourages each city, town and county of the state to create a plan commission. Planning and zoning assist local governments in the protection of the health, safety and welfare of citizens.

Once the plan commission prepares a draft for a comprehensive land use plan and zoning ordinances, a public hearing is held. Finally, the commission recommends it to the commissioners who may reject, amend or approve the ordinance.
It usually takes as long as two years to complete the process, but the CDC hopes it can be done sooner.

A county-wide discussion on land use planning and zoning needs to take place - similar to the debate this past year on the time zone issue.

Feedback on this issue may be directed to the CDC office at (phone) 574-946-3869,
(fax) 574-946-3852 or (email) ddolezal@pulaskionline.org
Comments may also be directed to ExPRESS by email at express@pulaskicountyexpress.com

To Learn More about Land Use Planning and Zoning

Purdue Land Use Publications - click here
To see a Comprehensive Plan & Zoning Ordinances (Fulton County) - click here
Benton County land use plan gets support from residents (Lafayette Journal & Courier) - click here

Last Updated: Thursday, March 15, 2007
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