Multiple neighborhoods need your input for the public hearing. Can you spare a few minutes to write an e-mail? Sign our petitions? Or, if you have more time, spend the evening attending a meeting on September 27th?
Jump to a Section
- 1 Table of Special Exceptions on the ABZA Agenda
- 2 Map of Special Exceptions on the ABZA Agenda
- 3 Write a Letter to the Area Planning Commission and Board of Zoning Appeals Board
- 4 Sign the Petitions in Opposition to the Special Exception
- 4.1 Opposition to Two R1 West Lafayette Transient Guest House Special Exceptions at the 2023-09-27 ABZA Meeting
- 4.2 Opposition to the Four R1B West Lafayette Transient Guest House Special Exceptions at the 2023-09-27 ABZA Meeting
- 4.3 Opposition to the 913 S 28th Street in Lafayette Transient Guest House Special Exception at the 2023-09-27 ABZA Meeting
- 5 Attend the Meeting
- 6 Background and Information
- 7 Definitions and Legal References
Table of Special Exceptions on the ABZA Agenda
Below is a table of the Special Exceptions that are on the September 27th, 2023 ABZA agenda:
| BZA ID | Petitioner | Address | Zoning |
|---|---|---|---|
| BZA-2118 | HENJU LLC | 6234 Shale Crescent Drive, West Lafayette | R1B |
| BZA-2119 | IMRAN KAZEM | 1700 Ravinia Road, West Lafayette | R1 |
| BZA-2121 | O2H VENTURES, LLC | 3570 Tesla Dr., West Lafayette | R1B |
| BZA-2122 | INTEGRITY CARE, LLC | 1134 Thorny Lane, West Lafayette | R1B |
| BZA-2123 | INTEGRITY CARE, LLC | 1145 Thorny Lane, West Lafayette | R1B |
| BZA-2126 | CLINTON M. KORTY | 906 Princess Drive, West Lafayette | R1 |
| BZA-2127 | SABENS ENTERPRISE LLP | 913 S 28th Street, Lafayette | R1B |
Map of Special Exceptions on the ABZA Agenda
Write a Letter to the Area Planning Commission and Board of Zoning Appeals Board
You can write to apc@tippecanoe.in.gov or attend the meeting in person to speak. You must write the APC Board of Zoning Appeals by September 19th (8 calendar days prior to the hearing) to be included in the report. Letters afterwards are only given to the board members to review.
Sign the Petitions in Opposition to the Special Exception
To help illustrate the community’s opposition to allowing a Special Exception for the Transient Guest Houses (e.g. Airbnb, VRBO, etc.) at seven different locations, we have created two petitions (below), one for West Lafayette and one for Lafayette. We would appreciate your digital signature for support. The signed petition will be distributed at the September 27th meeting. Please help spread the word to friends and neighbors ahead of the meeting.
West Lafayette, R1 Petition Statement:
Opposition to Two R1 West Lafayette Transient Guest House Special Exceptions at the 2023-09-27 ABZA Meeting
We, the undersigned, are opposed to allowing a Transient Guest House at two different locations in West Lafayette:
1700 Ravinia Road
906 Princess DriveWe find the proposed Special Exception to deviate from existing zoning rules and allowing a Transient Guest House at two different locations in West Lafayette will materially and permanently injure the other property and uses in the same zoning district and vicinity, along with subverting the R1 purposes of the Unified Zoning Ordinance.
Our request to deny this Special Exception is supported by the community’s expressed concerns regarding safety, traffic, noise, lighting, and the current and future uses of R1 zoned properties in the neighborhood.
Voting against this Special Exception is reasonable and justified.
West Lafayette, R1 Petition Statement:
Opposition to the Four R1B West Lafayette Transient Guest House Special Exceptions at the 2023-09-27 ABZA Meeting
We, the undersigned, are opposed to allowing a Transient Guest House at four different locations in West Lafayette:
6234 Shale Crescent Drive
3570 Tesla Dr.
1134 Thorny Lane
1145 Thorny LaneWe find the proposed Special Exception to deviate from existing zoning rules and allowing a Transient Guest House at four different locations in West Lafayette will materially and permanently injure the other property and uses in the same zoning district and vicinity, along with subverting the R1B purposes of the Unified Zoning Ordinance.
Our request to deny this Special Exception is supported by the community’s expressed concerns regarding safety, traffic, noise, lighting, and the current and future uses of R1B zoned properties in the neighborhood.
Voting against this Special Exception is reasonable and justified.
Lafayette Petition Statement:
Opposition to the 913 S 28th Street in Lafayette Transient Guest House Special Exception at the 2023-09-27 ABZA Meeting
This petition is now closed.
End date: Sep 30, 2023
Signatures collected: 23
We, the undersigned, are opposed to allowing a Transient Guest House at 913 S 28th Street in Lafayette.
We find the proposed Special Exception to deviate from existing zoning rules and allowing a Transient Guest House at 913 S 28th Street Lafayette will materially and permanently injure the other property and uses in the same zoning district and vicinity, along with subverting the R1B purposes of the Unified Zoning Ordinance.
Our request to deny this Special Exception is supported by the community’s expressed concerns regarding safety, traffic, noise, lighting, and the current and future uses of R1B zoned properties in the neighborhood.
Voting against this Special Exception is reasonable and justified.
Attend the Meeting
Meeting Details
The meeting is at 6pm September 27th at the County Building, 20 N 3rd Street, Lafayette.
If you wish to speak, you will have up to five minutes before each special exception is voted upon.
There is on-street parking around the building, along with the County’s parking garage.
A map of the location and picture of the building is below.
Meeting Agenda (with supplemental materials)
You can download the agenda for the September 27th, 2023 ABZA Meeting here.
A preview of the document should be directly below this text.
Map and Location of the Tippecanoe County Building
Background and Information
Map of Current Transient Guest Accommodations in West Lafayette
Below is a map of transient guest rentals in West Lafayette as of July 2023.
Special Exception Petitioner Applications
Each BZA application is linked below:
Definitions and Legal References
Unified Zoning Ordinance of Tippecanoe
These definitions come from the Unified Zoning Ordinance of Tippecanoe County. This is the main reference document when it comes to development in Tippecanoe County.
BED AND BREAKFASTS. (a) A bed and breakfast is a form of transient guest accommodation either
within a single-family dwelling or on a farm. The residence or the farm shall be operator-occupied if located in either a residential or rural zone.
DWELLING UNIT (DU). One or more rooms with cooking, living, sanitary, and sleeping facilities, for the exclusive use of one family, or where permitted, the occupants of shared housing, either group living as a single housekeeping unit. The DWELLING UNIT shall be characterized by but not limited to:
(1) an exclusive house number or an exclusive house number plus apartment number, with an exclusive mailbox for the receipt of materials sent through the United States mail;
(2) a single kitchen adequate for the preparation of meals; and
(3) a tenancy based upon a legal relationship of a unitary nature, i.e., a single lease, mortgage or contractual sales agreement for the entire premises.
HOUSEKEEPING UNIT. Either a family, or the occupants of shared housing, living together in one dwelling unit, with common access to and use of all living, eating, and food preparation and storage areas within the dwelling unit.
FAMILY. One or more persons related by blood, marriage or adoption and not more than two unrelated persons living as a single housekeeping unit.
R1 Intent. To provide areas for low density single-family dwellings.
R1B Intent. To provide areas for low, medium and relatively high density single-family dwellings.
R1U Intent. To preserve and protect older developed parts of the community by providing areas for medium and relatively high density single-family dwellings on older platted lots in urbanized sewered areas of the cities, incorporated towns, and unincorporated towns with sewer.
SINGLE-FAMILY DWELLING. A building, on a separate lot, containing one dwelling unit.
TRANSIENT GUEST HOUSE. A primary use consisting of a single-family, two-family, or multi-family dwelling where none of the units are required to be owner-occupied, within which transient accommodations may be provided for rent for a period of less than one month, subject to the restrictions of UZO Section 4-11-13.
TRANSIENT GUEST RENTAL. An accessory use consisting of an owner-occupied dwelling unit within which limited transient guest accommodations may be provided for rent for a period of less than one month and no more than 60 days per calendar year, while the owner is not required to be present, subject to the restrictions of UZO Section 4-11-13. (Amend #88)
TRANSIENT GUEST ROOM. Limited transient guest accommodations within an owner-occupied abode where up to a maximum of two rooms, a duplex unit, or two apartment units may be rented and the owner must be present on site. A transient guest room shall meet the requirements of a home occupation or rural home occupation and is subject to the restrictions of UZO Section 4-11-13(b). (Amend #88)
Permitted Use Table 3-2
Hotels and motels are not allowed in any residential zoned areas.
Indiana Code
Labor and Safety; Building and Safety Regulations; Smoke Detection Devices
Indiana 22-11-18-1 Definitions
Sec. 1. As used in this chapter:
“Hotels and motels” means buildings or structures kept, maintained, used, advertised, or held out to the public as inns or places where sleeping accommodations are furnished for hire for transient guests
Local Government; General Provisions; Short Term Rentals
IC 36-1-24-6 Definition “Short term rental”
Sec. 6. As used in this chapter, “short term rental” means the rental of:
(1) a single family home;
(2) a dwelling unit in a single family home;
(3) a dwelling unit in a two-family or multifamily dwelling; or
(4) a dwelling unit in a condominium, cooperative, or time share;
for terms of less than thirty (30) days at a time through a short term rental platform. The term includes a detached accessory structure, including a guest house, or other living quarters that are intended for human habitation, if the entire property is designated for a single family residential use. The term does not include property that is used for any nonresidential use.
As added by P.L.73-2018, SEC.1.
IC 36-1-24-9 Short term rental property that is not an owner occupied short term rental property; special exception; zoning variance
Sec. 9. (a) This section applies only to a short term rental property that is not an owner occupied short term rental property.
(b) A unit may require a special exception, special use, or zoning variance for the short term rental property that is in a residential zoning district or classification of a unit. However, the unit may not interpret and enforce the unit’s zoning regulations for a special exception, special use, or zoning variance in a manner that is intended or has the effect of prohibiting or unreasonably restricting short term rentals of property to which this section applies. Denial of a special exception, special use, or zoning variance for the short term rental property may be appealed in accordance with IC 36-7-4.
IC 36-1-24-10 Enforcement of laws that regulate, prohibit, or limit short term rentals
Sec. 10. A unit may enact or enforce a law or plan that regulates, prohibits, or limits short term rentals only for the following primary purposes:
(1) Protection of the public’s health and safety related to:
(A) fire and building safety;
(B) sanitation;
(C) transportation;
(D) traffic control; and
(E) pollution control;
if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals.
(2) Residential use and zoning related to:
(A) noise;
(B) protection of welfare;
(C) property maintenance; and
(D) nuisance issues;
if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals.
(3) To limit or prohibit use of short term rentals for the following purposes:
(A) To house sex offenders.
(B) To operate a structured sober living home.
(C) To manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity.
(D) To operate an adult entertainment establishment (as defined in IC 12-7-2-1.8).
(4) To limit or prohibit short term rentals located within the boundaries of a conservancy district established under IC 14-33.
(5) To provide the unit with an emergency contact for a short term rental.
As added by P.L.73-2018, SEC.1.
IC 36-1-24-14 Revocation of a permit
Sec. 14. If three (3) or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the unit may revoke the permit for that permitted property for a period of not more than one (1) year after the date the permit is revoked. The unit shall provide notice and a hearing for revocation in accordance with the unit’s ordinance.
As added by P.L.73-2018, SEC.1.