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Rezoning

Applications are available on our Applications & Forms page.

A rezoning petition would be necessary to change a zoning district from one classification to another. For example, a rezoning petition would be needed to change a residential zoning classification to a commercial classification.

Filing

In order for a rezoning petition to be heard by the MDC or Hearing Examiner, it must be filed, with consent of the property owner(s), at least 35 days before a scheduled hearing. Each petition, timely filed and complete, is docketed for hearing.  Generally, in order to file a complete application, the following would be required:

  • A completed application form
  • Consent of the property owner
  • A legal description
  • A zoning base map
  • Rezoning ordinance
  • Commitment forms
  • The applicable nonrefundable filing fee (The requirements for other petitions will vary; see the appropriate petition checklist) 

Hearing Procedure

Typically, a rezoning petition must follow a three-step hearing process, the Hearing Examiner, the MDC and the City-County Council. An approval petition usually must follow a two-step hearing process, the Hearing Examiner and the MDC. Only one hearing is required for all other petitions. The MDC holds hearings on a limited number of filed petitions. Most petitions are heard by a Hearing Examiner, which the MDC may designate per IC-36-7-4-402 (d). The designated hearing examiner must hear all cases in accordance with the Commission's rules.  The Hearing Examiner makes a recommendation to the Commission for every rezoning and approval case, and or approval petition, a variance appeal can be filed within five business days of the hearing), and plat and vacation appeals must be filed within ten calendar days of the hearing.

Notice

Public notice must be provided for all petitions. The MDC's Rules of Procedure require that written legal notice (prepared by staff) be provided to surrounding property owners, registered neighborhood groups and city-county councilors at least 23 days before a hearing and that a notice placard (prepared by staff) be placed on the property. Indiana Code requires that published public notice, which is the responsibility of staff, be provided at least ten days before a hearing.

Continuances

The petitioner and potential remonstrators (anyone who objects to a petition) each have the right to file one automatic continuance request. An automatic continuance must be filed, at least seven calendar days before the hearing, with proper notice, and be the first request by the requesting party. The continuance has to be from the first hearing of a month to the first hearing of the next month or from the second hearing of a month to the second hearing of the next month.  Both the petitioner and remonstrator have the right to request a continuance for cause, which may be granted or denied by the MDC or Hearing Examiner, as long as the request is made prior to a vote on the petition.

Hearing

The petitioner and / or their representative must attend the hearing to present their request. The current planning staff will prepare a staff report, based on a consensus staff recommendation. A copy of the staff report will be mailed to the petitioner and the Hearing Examiner or members of the MDC a week before the hearing. Petitioners and remonstrators, respectively, shall be given fifteen (15) minutes to present evidence, statements and arguments at the public hearing.  Staff will be given a reasonable time to present its information and recommendation. The petitioner and remonstrator shall then be given five (5) minutes for rebuttal. After all testimony is presented, the Hearing Examiner will make a recommendation or the MDC will vote to approve, continue, deny or dismiss the petition. A petitioner may withdraw a petition at any time prior to a vote.

Appeals

Any appeal of a decision of the Hearing Examiner would be heard by the MDC in accordance with the rules of procedure.

Excluded Cities

Rezoning petitions located within the boundaries of an excluded city may be heard by their respective city council, acting as the Plan Commission. All rezoning cases are filed with the City of Indianapolis, but the details of the excluded city petitions are referred to the city council, so that they can decide, at their next scheduled meeting, if and when they want to hear the petition. If the council of the excluded city chooses to hear the case, the hearing must be held within 30 days of making the decision to hear it. The council, at the hearing, shall make a recommendation to the MDC and the MDC shall make a recommendation and certify it to the City-County Council. If the council of the excluded city decides not to hear a petition, the petition will be docketed and heard in accordance with normal procedures.