Area Plan Office
Planning and zoning is offered as a service to the community to help preserve property values and to locate compatible land uses in the same vicinity. Also, the distribution of zoning districts is typically based on densities. Where there are non-compatible land uses that abut each other, we try to screen or buffer the two conflicting uses.
Services & Resources
Area Plan Commission
The Area Plan Commission has public hearings on text amendments to the Subdivision Control and the Zoning Ordinance, map amendments (rezones), development plan reviews and major subdivision approvals. It acts as the legislative side of the Area Plan office. Please visit the Area Plan Commission page for board members, calendar, and meeting minutes.
Board of Zoning Appeals
The Board of Zoning Appeals has public hearings on variances, special exceptions, non-conforming uses and structures, and administrative appeals. It acts as the judicial side of the Area Plan office. Please visit the Board of Zoning Appeals page for board members, calendar, and meeting minutes.
The Plan Commission Office has five main functions.
- Organize, maintain, and prepare the records of the Boone County Area Plan Commission, Boone County Plat Committee, and Boone County Board of Zoning Appeals. The records include petition forms, plats, meeting minutes, and other documents used by the boards.
- Prepare and maintain the budget approved by the Boone County Area Plan Commission and Boone County Council for each year.
- Accept and review petition filings for the Boone County Area Plan Commission, Boone County Plat Committee, and Boone County Board of Zoning Appeals. We work to assist the boards and the petitioners with the workings of the requirements of the Boone County Zoning Ordinance and Boone County Subdivision Control Ordinance.
- Issue improvement location permits for new construction as directed by the Boone County Zoning Ordinance and Boone County Subdivision Control Ordinance.
- Enforce the regulations set forth by the Boone County Zoning Ordinance and Boone County Subdivision Control Ordinance. Any petition or permit granted through the Boone County Area Plan Commission Office is subject to at least one site inspection before it will be approved.
The Boone County Area Plan Commission is also responsible for administering the floodplain ordinance adopted from the State of Indiana. The official maps are in the office and designate all lands with either 100 or 500-year flood or no special flood hazard area.
FAQs – Frequently Asked Questions
You Are a Neighbor Notified of A Public Hearing
You have been notified of a public hearing because you are most likely a neighbor within 660 feet of a subject parcel. You and others interested in a proposal have three options for voicing your concerns: you can speak in person at the meeting, submit your written concerns to the petition’s file, or submit your written concerns for discussion in the Staff Report and reviewed prior to the hearing by the Board/Commission members.
Speaking in Person. Persons who wish to voice their concerns need to appear at the meeting. You may wish to contact staff and/or review the proposal at the Area Plan Commission office before outlining your concerns.
Documents Submitted to the File. Written concerns regarding a proposal will be accepted into the file up to five days prior to the hearing. However, documents that are more than two pages long must be submitted 10 days prior to the hearing. This enables staff, members, the applicant, and other members of the public time to review these concerns prior to the hearing if they choose.
Documents Submitted for Staff & Member Review. Persons who wish to have their concerns considered in the Staff Report, and mailed to members for review prior to the hearing must submit their written concerns no less than 15 days prior to the hearing. This enables staff time to discuss your information in the Staff Report, as well as mail your information to the members well in advance of the hearing.
What are Rules of Procedure for the Public Hearing?
All public hearings are directed by the Chairman of the Commission or Board that is hearing the proposal.
Usually a public hearing will open with the Chairman reading the rules of procedure. The Staff Report is then presented which is prepared by the APC staff and thoroughly analyzes the proposed project, how it complies with the current standards of the Zoning and/or Subdivision Control Ordinance, and discusses pertinent issues and public comment submitted to the file.
The applicant, or his representative, is then given time to present his proposal and in detail.
The Chairman will then open the floor to anyone in the public wishing to speak in favor of or against the proposal. The applicant takes down all the questions and concerns from the public and is then allowed time to answer all of the questions raised. If the applicant has not addressed all of the public’s concerns, the Chairman can request that the question be repeated for the applicant to answer.
Once the Chairman is satisfied that all issues have been addressed, he then closes the hearing and allows the Commission or Board members to ask questions of the applicant. The Board/Commission will then make a motion for a vote.
What Happens Next?
Rezoning. If a recommendation has been made by the Area Plan Commission regarding a zoning amendment, the proposal is then forwarded to the County Commissioners or appropriate legislative body who then make the final decision at their public hearing.
Subdivisions. Decisions made by the Area Plan Commission regarding subdivisions are final unless an appeal is filed.
Variance or Special Exception. Decisions made by the Area Board of Zoning Appeals regarding a variance or special exception are final unless an appeal is filed.
If a Project is Tabled. A proposal’s hearing may be tabled at the request of the applicant, the public, or by the Board/Commission if additional information is needed before a decision can be made. If the project is tabled, it will be heard at the next month’s regularly scheduled meeting unless otherwise announced at the initial meeting. Area neighbors are not re-notifiedof a tabled hearing since the next hearing date was announced at the initially scheduled public hearing.
Definitions and Jurisdictions
Rezoning – to change the zoning of property from one District to another.
- The case is first heard before the Area Plan Commission who makes only a recommendation to the County Commissioners or appropriate legislative body.
- The appropriate legislative body makes the final decision.
Subdivision – the division of a lot, parcel, or tract of land into two or more lots, tracts, parcels, or other division of land for sale, development, or lease.
- Subdivisions are heard before the Area Plan Commission, who makes the final decision. All subdivisions must have primary and secondary review.
Special Exception – the authorization of a use, that is permitted in the district as long as it meets special conditions, and upon application, is specifically authorized by the Board.
- Case is heard by the Area Board of Zoning Appeals, who makes the final decision.
Variance – a modification of the specific requirements of this ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
- Case is heard by the Area Board of Zoning Appeals, who makes the final decision.
When is a Public Hearing Required?
- Planned Unit Developments
- Amendments to Development Plans
- Amendments to Maps and Ordinances
Area Board of Zoning Appeals
- Special Exceptions
- Use Classifications
- Appeal of the Director’s Decision
What if I am building a new home in an agricultural district?
On December 21, 1998 the Boone County Commissioners adopted the 1998 Zoning Ordinance and 1998 Subdivision Control Ordinance. These ordinances were the result of more than five years of research and groundwork with the prime goal of preserving the agricultural ground and protecting the agricultural uses of Boone County. This ordinance went into effect on December 31, 1998.
The Regulations on Lots and Land Use
In order to protect the agricultural resources of Boone County, the public and the legislative bodies have determined that residential development in the Agricultural Zoning Districts is no longer acceptable because the two uses have proven to not be compatible with each other.
As a result, residential land use in the Agricultural District requires Special Exception approval by the Board of Zoning Appeals and new lots created after December 31, 1998 require Minor Residential Subdivision approval by the Area Plan Commission. These procedures are done to ensure that residential development in the rural areas of the county does not become a detriment to the agricultural resources of Boone County.
Delayed Building Permit Issuance
Please understand that before a building permit for a new home in the Agricultural District is issued, the Special Exception procedure and the Subdivision procedure must be completed. This is a new law that must be followed and there will be some delays involved that were not encountered in the past. Staff will make every effort possible to expedite your given situation.
What's new for subdivisions?
In order to protect the agricultural resources of Boone County, the public and the legislative bodies have determined that development in the Agricultural Zoning Districts should be limited because many land uses are not compatible with farming activities. As a result, the following changes and new procedures have been incorporated into the 1998 Zoning Ordinance and Subdivision Control Ordinance that affect subdivisions.
- The Definition of SubdivisionTo ensure that the right property owners are going through the proper procedures, the definition of “subdivision” has been changed to fit two different processes.
- MINOR RESIDENTIAL SUBDIVISION. The division of a lot, tract, or parcel of land into two to four residential lots, tracts, parcels, or other divisions of land for sale, development, or lease.
- MAJOR RESIDENTIAL SUBDIVISION. The division of a lot, tract, or parcel of land into five or more residential lots, tracts, parcels, or other divisions of land for sale, development, or lease.
Our Office Hours
Boone County Office Building
116 W. Washington St., Suite 101
Lebanon, IN 46052
Area Plan Director
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