The Town of Burns Harbor has a new zoning ordinance that replaces the 1995 version previously in use.

The new zoning code became effective Tuesday with the Advisory Plan Commission voting 4-0 to adopt proposed amendments suggested by the Town Council last week.

The ordinance was approved only because commission member Virginia Bain voted yes in light of a June 30 deadline that could forfeit a $100,000 grant paying for half the town’s recent zoning work.

“I’m just doing it for speediness,” said Bain, who previously voted against the zoning ordinance’s final draft. Initially her position Tuesday was, “I didn’t vote for this once; why would I vote for it now?”

But with commission members Louis Bain and Jim McGee absent and Cliff Fleming, a developer in town, having recused himself, Virgina Bain’s vote was needed for official action to occur.

Without the June 30 grant deadline for zoning-ordinance adoption, the Plan Commission would have had 45 days to consider the Town Council’s ordinance recommendations.

One council request was that the commission develop language restricting uses and placement of adult businesses. The commission voted 4-0 last night to set a public hearing July 6 on the matter. It will be the zoning ordinance’s first amendment; final adoption is up to the council.

A building moratorium imposed by the Town Council while a new zoning map and zoning laws were enacted also expires June 30 unless extended.

Consultants from Short, Elliott Hendrickson Inc. of Munster were paid $200,000 to produce a $40,000 comprehensive plan previously adopted; the $60,000 zoning ordinance; a $50,000 downtown district plan and a $50,000 hike/bike trail plan, the latter two also adopted June 10 by the Town Council.

No one from SEH attended Tuesday’s meeting. The zoning projects began in January. In addition to the $100,000 grant from the Lake Michigan Coastal Program, the Northwest Indiana Regional Development Authority supplied $50,000 for the trails study and the town itself $50,000 for the downtown plan.

Plan Commission attorney Charles Parkinson said probably the biggest change between the old and new zoning ordinances is now specifically providing for the creation of a Burns Harbor downtown district.

“Chesterton developed, then it was zoned,” said Parkinson. “This (Burns Harbor ordinance) is zoning in hopes it develops.”

The downtown would be located generally on about 40 acres at the northwest quadrant of U.S. 20 and Indiana 149; some parcels on the south side of U.S. 20 to Old Porter Road are included. The downtown would abut and have connections to Fleming’s 200-home The Village subdivision.

The 40 acres has approximately six owners and existing businesses there would not have to participate in a downtown district unless they wanted to.

At one time up to 340 condominiums, townhomes and/or apartments were planned along with the district’s shops, offices and eateries, but the height and maximum number of living units per apartment building were substantially reduced.

Another difference in the new zoning ordinance, according to Parkinson, is that in some respects it moves from zoning based on permitted uses to zoning that is more form and function of buildings as opposed to uses in buildings.

That changes the look and layout of what’s permitted, Parkinson added, especially in the new neo-traditional neighborhood district. Where other ordinances set minimums, such as parking spaces, Burns Harbor’s ordinance sets maximums.

The new zoning code also regulates the placement of buildings, discourages large parking lots and promotes pedestrian/bicycle connections.

The town, which was incorporated in 1967 when the former Bethlehem Steel, now ArcelorMittal, was new, is moving away from its previous reliance on industry, generally limiting it to what’s currently zoned heavy and light industrial with those uses maintaining the maximum standards previously in effect.

A new emphasis is being placed on landscaping and tree preservation/planting in town, although bonding is not required for landscaping. Plantings specified represent minimum requirements and applicants are encouraged to exceed them.

Parkinson said the new standards in the ordinance will work well for the town when it becomes subject to the federal MS4 stormwater regulations now in effect in larger communities including Chesterton and Porter.

Two types of improvement location permits now will be used in Burns Harbor: limited review and extensive review.

The town has to receive copies of the final zoning map and the amended zoning ordinance from SEH. Then it’s up to town officials to enforce them.

According to Parkinson, “Administration of this will take a little bit of time for everyone to get used to.”

Posted 6/17/2009