Current Initiatives
Amendment to the Industrial Zoning Ordinance to differentiate between motor truck terminals and waste transfer stations
2009-AO-04: To specifically differentiate between motor truck terminals and waste transfer stations by adding "waste transfer station" to the list of uses requiring a Special Exception in the I-4-S and I-4-U zoning districts, adding a definition of "waste transfer station," and modifying the definition of "motor truck terminal."
Background:
In 2008, a landowner proposed to build a waste transfer station in an I-4-S heavy industrial zoning district in Marion County. As the use is not listed as a permitted use in the district, the landowner was advised to seek a Special Exception before the Board of Zoning Appeals (BZA). This was done, and the BZA denied the application. The landowner appealed to the trial court, claiming that a Special Exception hearing was not required, and asked the court for a declaratory judgment classifying the use as a “motor truck terminal,” a use specifically permitted in the I-4-S district. The trial court held that a Special Exception was required, and upheld the BZA denial of the Special Exception. The landowner appealed to the Court of Appeals, which confirmed that a Special Exception was required, but reversed the BZA’s denial of the Special Exception based on insufficient Findings of Fact. The BZA appealed to the Supreme Court of Indiana, which ruled that a Special Exception hearing was not required and that the waste transfer station qualifies as permitted use as a motor truck terminal because “a terminal may include facilities for the temporary storage of loads prior to transshipment,” a feature of the proposed transfer station.
Several features of a waste transfer station are similar to those of a motor truck terminal, including parking of tractor or trailer units, loading or unloading of cargo, and temporary storage of loads prior to transshipment. Therefore, it is necessary to specifically differentiate between the two uses by adding “waste transfer station” to the list of uses requiring a Special Exception in the I-4-S and I-4-U zoning districts, adding a definition of “waste transfer station,” and modifying the definition of “motor truck terminal.” Without these changes, solid waste could be received at any motor truck terminal in the I-4-S and I-4-U heavy industrial zoning districts, and at any motor truck terminal of less than ten (10) acres in total area in the I-3-S and I-3-U medium industrial zoning districts.
Meridian Hills Amendment
2010-AO-01 Change the side setback requirements in the Town of Meridian Hills to the setback standards that applied in 1946.
The 1946 ordinance required that side yards be at least 30% of the width of the lot, but in no instances more than 30 feet total with the smallest dimension not less than:
| 15 feet in a |
Class R-1 district |
| 12 feet in a |
Class R-2 district |
| 10 feet in a |
Class R-3 district |
Front Setback & Height in D-S and D-1 Districts Amendment
2010-AO-02 Change the minimum required front yard setback in the D-S district to at least 40 feet and 30 feet in the D-1 districts and to establish the maximum height of primary buildings at 45 feet and accessory building at 24 feet.
There are 16 dwelling districts in Marion County; 9 of these 16 districts are exclusively for one- and two-family residences. The purpose of these districts varies, consequently the lot size, lot width and many other standards vary accordingly to fulfill the purpose of the district. However, the minimum front setback and building height are two of the few standards that do not vary. The building height and front setback are the same in every district.
Background:
The purpose of the D-S and D-1 districts is for large lot, estate type development. In Marion County, 3,799 parcels (1.1%) are zoned D-S and 6,402 parcels (1.8%) are zoned D-1. Over 90% of these parcels are presently developed. Many of these lots are in the older, established neighborhoods of the City. As the ownership of these homes change hands, there is an increasing incidence of homes being torn-down and new homes being built much closer to the street than found in the neighborhood. This redevelopment phenomenon has noticeable affects upon the neighborhood ambiance and atmosphere. The once pastoral, estate ambiance in the neighborhoods is disrupted by the new homes located at the minimum front setback. Often the homes are located so close to the right-of-way, their rear elevations are located in front of the neighboring homes.
Staff examined the potential impact of changing the other development standards and found that the minimum open space, side and rear setbacks, and house square footage were all appropriate and supportive of the statement of purposes of the D-S and D-1 districts. Therefore, staff focused on the front setback and examined the front setbacks of all of the existing homes in the D-S district to determine an appropriate approach.
Based upon this data, the amendment proposes a front setback that is the greater of two numbers – the average setback established along a block or 40 feet (30 feet in D-1).
The premises of enlarging the required front setback is to preserve the pastoral, estate qualities of the neighborhoods, the maximum height of the homes is also proposed to be increased. Homes of this size typically require a higher height limit to be cohesive architecturally.
Recent Initiatives
Rules of Procedure changes and Filing Fee adjustments
Click to download the new Filing Fee Schedule (8 pages) effective Feb. 2010
Click to download the new MDC Rules (86 pages includes Index, Exhibits, Appendix )
Click to download the new BZA Rules (31 pages includes Index & Exhibits)
Click to download the new the Plat Committee Rules (17 pages)
Click to download the new the HOV Rules (18 pages)
On December 2, 2009 at their regularly scheduled hearing, the Metropolitan Development Commission adopted changes to their rules and fee schedule. Effective date of the New Rules of Procedure is January 1, 2010; however the new Filing Fees become effective February 1, 2010.
Resolution 2009-P-4 amends the MDC's rules to:
- correct grammatical errors,
- clarify the filing and process requirements for petitions that modify previously-approved petitions,
- require a filing to be filed at least 35 days before a hearing,
- clarify the filing requirements for vacation petitions,
- amend the numbering system of the petitions,
- allow the Administrator to amend the placement of the on-site notice and to schedule public hearings,
- update the quorum requirements,
- amend the automatic continuance requirements,
- address testimony of City-County Council members,
- clarify the process of companion petitions,
- clarify the appeal process of an administrative action,
- amend the number days required for an appeal,
- and require the submittal of commitments.
Click to download a strike-through draft of the MDC Rules indicating all of these changes (44 pages)
Resolution 2009-P-5 adjusts the fees pertaining to filing petitions and associated services. Effective date is February 1, 2010.
State Statute authorizes the MDC to levy fees to cover the expenses of administering Planning and Zoning efforts. No local tax dollars are projected to be used for these efforts; the user of the system pays for these costs through filing fees associated with each service.
The proposed Fee Schedule reflects the reality that the petition process is a set, rigid procedure with fixed costs associated with each step. This approach charges each petition the base cost associated with each petition, and to add a small per unit cost to cover the added costs of larger petitions. A flattening of the fee schedule occurs resulting in a high base fee and very low, if any, per unit charges. This shift in methodology produces a fee more consistently covering the cost of processing regardless whether the market favors small or large projects. The only exception to this approach is the discounted fee extended to individual single-family residences.
Click to download Resolution 2009-P-5 (9 pages) and Illustrative document (5 pages)
Resolution 2009-P-6 makes similar amendments to the Plat Committee Rules of Procedure and the Hearing Officer Rules of Procedure. Effective date would be January 1, 2010.
Click to download Resolution 2009-P-6 (34 pages) includes strike drafts of the Plat & HOV Rules
On November 24 and December 1, 15, 2009 at each Division's scheduled hearing, the Metropolitan Board of Zoning Appeals adopted changes to their Rules of Procedure. Effective date of the New Rules of Procedure is January 1, 2010; however the new Filing Fees become effective February 1, 2010.
Click to download a strike-through draft of the BZA Rules indicating the changes (23 pages)
The Metropolitan Development Commission approved the 3 following amendment proposals. The City-County Council adopted the 3 proposals on September 21, 2009.
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The Ordinance Revision staff is charged with updating the Indianapolis/Marion County Zoning Ordinance. This ordinance is segmented into approximately 19 distinct sections. While most of these Ordinance sections have been updated within the last decade, the ordinance is constantly reviewed for timeliness in today's changing legal environment. Additionally, new segments of the ordinance are proposed when needed.
New ordinance segments and ordinance revisions are drafted; staff then coordinates with appropriate City departments and other interested parties during a preliminary review period, and presents the proposals to the Metropolitan Development Commission and City-County Council for adoption.
Comments should be in writing. Comments submitted early are appreciated.
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Past Projects
Amendment to Change Agency Reference: Dept. of Code Enforcement
2009-AO-01; G.O. 96, 2009 Change agency references from the Division of Compliance to the Department of Code Enforcement or its applicable division within that new department and make grammatical corrections in the following zoning ordinances:
- Dwelling Districts Zoning Ordinance,
- Commercial Zoning Ordinance,
- Industrial Zoning Ordinance,
- Special Districts Zoning Ordinance, and
- Enforcement & Remedies Ordinance.
Changes become effective Jan. 1, 2010.
Amendment to Change Agency Reference: IMPD
2009-AO-02; G.O. 97, 2009 Change agency references in the Enforcement & Remedies Ordinance from the Metropolitan Law Enforcement Agency to the Indianapolis Metropolitan Police Department and make grammatical corrections.
Amendment to Change Agency Reference: Assessor
2009-AO-03; G.O. 98, 2009 Change agency references in the Subdivision Control Ordinance from the township assessors to the county assessor and make grammatical corrections.
Speedway Zoning Ordinance
A text amendment to the zoning ordinance that created 2 new zoning classifications: Speedway Main Street District (SZ-1) and Speedway Industrial District (SZ-2).
Approved 8-0 by the Metropolitan Development Commission on November 5, 2008 and subsequently approved with a minor change by the City-County Council on January 26, 2009 and finally ratified by the MDC on February 4, 2009.
Click 
to download a signed copy of the approved ordinance (17 pages)
Click to download the approved ordinance with explanatory notes (20 tabloid-size pages)
Click 
to download a map of each of the rezoning areas
Sidewalk Amendment 2007-A0-02 / Proposal 88 / G.O. 4, 2008
The City-County Council heard the amended Sidewalk Amendment, Proposal #88 [MDC, 2007-AO-02] and approved the proposal by a vote of 26-2! The Metropolitan Development Commission ratified the amendment on May 7th. Proposal 88, now numbered G.O. 4, 2008, became effective on July 1, 2008.
Click here to download the adopted Sidewalk Amendment, G.O. 4, 2008 (16 pages).
Click here to download the Payment In Lieu of Construction Agreement.
Click here to download the 2 page summary sheet.
Religious Uses in Commercial Districts Amendment 2007-AO-01 / G.O. 3, 2008
The Religious Use Amendment, 2007-AO-01, was heard and approved by the Metropolitan Development Commission. The amendment introduced as Proposal No. 21, 2008. The Metropolitan Development Committee amended the proposal to remove any parking requirement for Religious Uses in the Commercial Zoning Districts. The amended proposal was passed by the City-County Council on February 11th and enumerated as G.O. 3, 2008.
Click here to download the adopted Religious Use amendment, G.O. 3, 2008 (28 pages).