The minimum lot sizes needed to build a home on subdivided land in Brown County have been reduced.
The Brown County Commissioners unanimously voted for the changes on Dec. 19. The Area Plan Commission had sent them a favorable recommendation.
Minimum lot sizes in a major subdivision were decreased from 2 acres to 1 acre. The smallest that a minor subdivision lot can be is now 1 1/2 acres, down from 2 acres.
A minor subdivision is dividing one land parcel into two lots. A major subdivision is making more than two lots of land.
“The review process would be the same: They would still have to find a location for a septic system that is appropriate and approved,” said Chris Ritzmann, the county planning director.
“It’s not saying it has to be that size. It’s just saying that’s the smallest they can be.”
Ritzmann said the change was proposed based on requests from the public.
It’s not legal in Brown County to have more than one home on the same plot of land, she said.
“People who might have three acres that would like to divide into two 1½-(acre) lots, it makes sense for them. They have family members who need another home nearby, maybe an aging parent or a child,” she said.
This change is different and in addition to another change the commissioners approved over the summer, which reduced minimum lot size requirements on land zoned “forest reserve” (FR). The commissioners and APC both voted to reduce that minimum from 5 acres to 3 acres.
Last year, both boards also voted to reduce the minimum home size on FR-zoned land from 600 square feet to 240 square feet. Before the minimum land size also was changed, this meant that you could build a very small house on FR land, but it had to be on a large, 5-acre parcel.
Those minimum lot size changes didn’t apply to the process of subdividing land, Ritzmann said, calling this most recent change and the FR-zoned land changes “apples and oranges.”
Resident Sherrie Mitchell asked if lots could be smaller than one acre if they are able to hook onto a sewer.
“One acre is the minimum in R1 or R2, but it has to be on a sewer for that one acre. That’s anywhere in the county on the sewer, but it still has to go through the subdivision process,” Ritzmann said. “This change would only be private septic system lots.”
Commissioner Jerry Pittman asked if would be possible to subdivide 40 acres into 40 separate lots if sewer was available.
“They could do that, provided they have a thoroughfare plan and all of the other things that go along with the subdivision process,” Ritzmann said.
Commissioner Diana Biddle said the size of the lot is just one of more than 20 other criteria that have to be met before someone can build on a piece of land.
County health board member Cathy Rountree asked if it’s the responsibility of a buyer to determine if there is a suitable location for a septic before buying a piece of property.
“They shouldn’t be advertising for sale until it is already subdivided,” Ritzmann said. “That is a provision in the subdivision ordinance as well. They won’t be approved in the minor or major subdivision process unless there’s already an approved septic site.”
Rountree also asked if the “optimal density” for septic systems was considered in planning for this change. “There is pretty scientifically determined load that the soil will bear for septics to work over time,” she said.
Ritzmann said a piece of property has to pass the test of having an appropriate location for a septic system. “If it can’t pass the test of having an appropriate septic location where the system will work, then it doesn’t matter what size the lot is. It’s not going to be,” she said.
Rountree said it’s important to keep in mind that geographic areas can “only handle so many septics the way they work, and once you get above a certain, number then we’re all in trouble.”
Resident Shari Frank asked if the APC had considered the two housing studies being done by the Redevelopment Commission and the Regional Opportunities Initiative. “How is this fitting in the overall planning for the county?” she asked.
Ritzmann said that any “large-scale development” would have to be done on a property with access to a sewer system. “I would say any widespread development would happen that way, not on any individual septic law,” she said.
Biddle said that this change is only the minimum lot size. “You have to have a site for septic on each lot. You have to have a building site on each lot, a place for a driveway, a culvert for parking, ditches. There’s a whole criteria. If the lot doesn’t meet the criteria, it can’t be a 1-acre lot; it has to be larger,” she said.
Pittman asked if it would be possible to subdivide tracts of land in an existing subdivision under this change.
“If you already have a subdivision that’s a … planned unit development, you can’t go in and subdivide subdivision lots without going in and completely replotting the entire subdivision,” Biddle said.
Resident Tim Clark encouraged county leaders to update the comprehensive plan so that everyone was on the same page about housing and septic system requirements. “That’s the best place to identify what your plan for zoning is. It would prevent a lot of questions and concerns,” he said.
“There are multiple other criteria that developers have to meet, not just lot sizes. We do appoint people to the APC and we appoint them to do their job. They have made a favorable recommendation,” Biddle said before motioning to approve the recommendation.
