County Commissioners Update Zoning Ordinances for Commercial Solar Rights, US 31 Overlay District

The Hamilton County Commissioners recently passed a Unified Development Ordinance (UDO) that replaces the Hamilton County Zoning and Subdivision Control Ordinances that had been in effect since 1990.

“Hamilton County has grown and changed immensely since the adoption of its Zoning and Subdivision Control Ordinances some 30 years ago,” says C.J. Taylor, Director of the County’s Plan Commission. “The revision team took into consideration the county’s recently updated comprehensive plan, road updates, land use best practices, and trending technologies in creating the UDO.”

The two biggest zoning changes in the ordinance concern commercial solar projects as well as growth along the US 31 Corridor.

Article 8 of the UDO establishes a Commercial Solar Energy Systems (SES) Overlay District meant to develop a process and standards for solar generated energy while also protecting prime farmland.

“We’ve watched as neighboring counties lose thousands of acres of prime farmland to large solar installations,” County Commissioner Mark Heirbrandt says. “In surveys and meetings with residents in northern Hamilton County, landowners expressed concern about the effect commercial solar farms could have on home values, topsoil, drainage, and water quality. The updates are meant to protect northern Hamilton County’s agrarian way of life.”

Article 8 identifies commercial solar projects as ones that “generate electricity to be sold in the wholesale market.” Anyone wanting to construct a commercial solar project must rezone the property to the Commercial Solar Energy Systems (SES) District, which requires a public hearing process before the Hamilton County Plan Commission. As part of this process, a petitioner must, among other things:

• Conduct a soil identification study;
• Demonstrate post-construction storm water runoff volume and quality mimics or improves upon predevelopment conditions;
• Provide a minimum setback of 300 feet between solar equipment and single-family dwellings;
• Provide a landscaping screen between solar equipment and adjacent residential properties;
• Provide a process to ensure topsoil is not removed from the site during construction; and
• Completely enclose ground-mounted solar panels with a six-foot high fence and locking gate.

“We want to encourage the use of solar and renewable energy, while also protecting valuable farmland,” Taylor adds. “In order to manage that we needed to put some checks and balances in place.”

Article 10 of the UDO establishes a US 31 Overlay District. The Overlay District will help promote coordinated development and increased architectural standards for properties adjacent to and adjoining Dunbar Road on the west side of US 31 extending from 216th Street to 296th Street.

“This is a prime area for development in Hamilton County,” adds Heirbrandt. “The new ordinance encourages capital investment and economic development in this area by promoting increased density and mixed-use developments.”

The United Development Ordinance was adopted and went into effect on July 25, 2022. Copies of the UDO are available in the Plan Commission Office. A copy has also been posted to the County’s website at www.hamiltoncounty.in.gov.