The Chesterton Advisory Plan Commission has forwarded proposed zoning-ordinance changes to the Town Council that would make it easier for legal non-conforming structures damaged in the Aug. 19 tornado to be rebuilt.

About five such properties are involved. The commission conducted a special public hearing Thursday to fast-track the amendments. No member of the public commented or attended. The Town Council could take up the changes for final action at its Oct. 12 meeting.

Under the proposal a legal non-conforming structure or a portion of it that has been partly or completely destroyed by accidental cause, such as a fire or tornado, may be repaired/replaced if it cannot be fixed in a manner that makes it legally conforming. This would avoid having to go to the Chesterton Board of Zoning Appeals seeking such permission.

Stipulated was that the owner of a damaged/destroyed structure applies for a building permit within three months of the destruction and construction is completed within six months; also, that the replacement structure is on the same footprint, no higher than the old structure, retains similar architectural design and is built of similar or upgraded materials.

Prior to the 6-0 vote with member Jeff Trout absent, commission member Mike Bannon clarified that the town “wasn’t shooting ourselves in the foot” by allowing changes that would make it harder to eliminate non-conforming uses as opposed to structures. Under state law and town code the goal is that both eventually come into compliance.

Commission attorney Chuck Parkinson said it’s hard to damage a use, and he did not anticipate problems with the amended language. A section of it states in the event a legal non-conforming use has ceased for six months or more, it generally can be presumed that the use has been abandoned and may not be resumed without BZA approval. In no event shall an owner resume a legal non-conforming use that has ceased for more than one year.

Parkinson also noted the new ordinance text does not apply to signs.

The amendments provide that a legal non-conforming structure, such as a garage built too close to the property line prior to zoning setbacks being enacted, may continue provided it not be enlarged or altered in a manner that increases its non-conformity, such as an addition bringing it even closer to the property line. Such structures may be altered to reduce or eliminate the non-conformity.

Parkinson said he was reviewing the ordinance regarding non-conforming structures with town building commissioner Dave Novak prior to the tornado. Commission and Town Council member Emerson DeLaney said the new language will clarify town code “so it will be crystal clear, black and white, no grey.”

Bannon said the town doesn’t have a lot of opportunity to make changes to legal non-conforming property, which is considered grandfathered from certain current zoning rules, and he didn’t want to paint the pending ordinance proposal with too broad a brush and regret it later. DeLaney said ordinances always can be changed in the future.

Parkinson said he’s studying a state law regarding abatement of abandoned/vacated property and he will report back to the commission. The attorney reminded that Chesterton’s comprehensive plan now is being updated and a statement could be included that the town prefers more expeditiously to pursue elimination of non-conforming uses.

On another matter, DeLaney suggested and the commission voted unanimously to have town officials research the feasibility of allowing freestanding signs on front sidewalks in the downtown area only; such signs technically are not allowed under town code.

DeLaney said part of the ongoing comprehensive plan update is preparing a downtown zoning overlay, and the Town Council this week adopted a resolution designating the downtown as a Riverfront Development District. Sidewalk signage would give downtown businesses more visibility, he added, noting that issues of safety, line of sight and handicapped accessibility would need to be addressed and some areas would not be appropriate for sidewalk signs.

Bannon said although he’s sensitive to the need, downtown sidewalks are not overly wide and he’d have to weigh the proposal carefully. Likewise, commission members Sig Niepokoj and George Stone urged caution; Stone said taste is subjective and it can’t be legislated.

Commission president Fred Owens suggested the town have uniform sidewalk signs that could be leased by business owners subject to being revoked if the program’s guidelines aren’t followed. Bannon asked town engineer Mark O’Dell to review sidewalk signs in light of a proposal to have the planned Dunes Kankakee hike/bike trail go through Chesterton’s downtown.

Posted 10/2/2009