Zoning Ordinance Revision & Maintenance
Pending Initiatives
Sidewalk Amendment- APPROVED! becomes effective on July 1, 2008
Regional Center Ordinance amendment
Regional Center Map amendment
Both the Regional Center Map and Text amendments were approved by the MDC on June 18, 2008.
Religious Uses in Commercial Districts
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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 before the hearing should be in writing.
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Sidewalk Amendment 2007-A0-02 / Proposal 88
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 Commissin ratified the amendment on May 7th.
Proposal 88, now numbered G.O. 4, 2008, becomes effective on July 1, 2008.
About the Proposal: The only ordinances now requiring sidewalks are the Subdivision Control Ordinance for single-family subdivisions and the D-11 district in the Dwelling District Zoning Ordinance for interior sidewalks in mobile home parks. Because of this, many commercial, industrial, multi-family residential and institutional areas do not have sidewalks. This creates a city with poor accessibility and poor walkability.
As the most basic form of transportation, walking can be a great way to get to work, go shopping, and spend leisure time. Walking provides good exercise and is part of a healthy lifestyle.
The proposed amendment would require concrete sidewalks, 5-feet in width, to be provided when a property is significantly improved.
Download the summary fact sheet (2 pages).
Download the sidewalk amendment (16 pages).
The Regional Center 2020 Plan, adopted 2004, recommended the development of Urban Design Guidelines, amending the Regional Center Ordinance and amend the Regional Center boundaries up to 16th Street.
To view the Regional Center 2020 Plan, click here.
To view the adopted Regional Center Design Guidelines, click on the desired section:
To view the TEXT AMENDMENT to the Regional Center Zoning Ordinance, click here (12 pages). This amendment was passed by the MDC on June 18, 2008 and has been forwarded onto the City-County Council for adoption. Proposed effective date is August 31, 2008.
To view the area of expansion to the Regional Center, click here (1 page). This rezoning MAP amendment (2008-ZON-051) was approved by the MDC on June 18, 2008.
D-S and D-1 Amendment to the Dwelling District Ordinance
The zoning classifications D-S and D-1 are intended to facilitate large lot estate type development. While the minimum lot sizes accomplish part of this objective, the other development standards do not typify estate type development. Further, practically all areas zoned D-S and most areas zoned D-1 are already developed and feature large front setbacks with an abundance of trees. As these desirable lots and neighborhoods become available, redevelopment has occurred using greatly reduced front setbacks resulting in the elimination of trees. This creates a very different ambiance and quality to the neighborhood.
As a way to preserve these neighborhoods, the D-S and D-1 classifications are proposed to be amended by increasing the minimum front setback to 40 feet (30 feet in D-1) or the average setback of the homes in the area, whichever is greater. In addition, the maximum height of the home is proposed to be increased to 45 feet since the increased setbacks would mitigate any impact of this height increase.
Accessory Uses and Standards in the Dwelling Districts Zoning Ordinance
 Dwelling districts are the most protected districts in the Zoning ordinance. It is challenging to ensure that the dwelling districts remain stable, high quality and value, yet allow as much freedom as possible for the wide variety of interests, pursuits and needs of the residents. Consequently, the accessory use section of the dwelling districts is long and a little more complex than most areas of the zoning ordinance. Regular updating to this section will always be expected as needs, interests and our world changes. A number of such changes are proposed:
- Due to advancements in the automotive industry, one-ton trucks appear just like their ¾ ton counterparts, and are commonly used for personal transportation. A proposed amendment would allow the parking of one-ton vehicles used for personal use in the dwelling districts.
- Outdoor spaces are becoming more important and popular to residents and more complex in their design. In the current ordinance, there is ambiguity as to where accessory structures can be located, their height & size, and how you calculate any of those dimensions, particularly on more complex structures. The proposed amendment would answer many of these unknowns.
- As the number of vehicles per household rises, the demand for parking increases. This frequently competes with the open space on a residential lot. The ordinance does not clearly address where these vehicles can be parked and on what surface. Parking in the front yard green space can lead to a number of problems: erosion, standing water, contamination of the soil; breakdown of sidewalks as vehicles inappropriately cross the sidewalks to park; and reduced green space. The proposed amendment would require a hard-surfaced and gravel area for parking, limit the amount of parking in the front based upon the lot size, from where the lot can be accessed.
Crematorium Amendment
Currently, crematoriums, funeral homes, and mortuaries are permitted in the C-1 classification of the Commercial Zoning Ordinance. The C-1 district is designed and intended to be used for low- intensity commercial uses with few noxious elements. Frequently, the C-1 is used as a transition or buffer between more intense commercial / industrial uses and residential uses.
Over time the funeral industry has changed, more funeral homes are choosing to out-source their crematory needs rather than invest in an on-site crematorium. In addition, the pet industry has changed creating more demand for cremation services. In response to this demand, free-standing crematoriums are being established which are used more frequently than their predecessors. Thus the impact is greater upon adjoining properties. Consequently, this more intense use no longer meets the intention and goal of the C-1 classification.
The proposed amendment would remove crematoriums as a permitted primary use in the C-1 district and allow it to be located within all of the Industrial districts.
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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
Download the adopted Religious Use amendment, G.O. 3, 2008 (28 pages).
Ordinance Adjustments to Enhance Code Enforcement
The Department of Metropolitan Development (DMD), Department of Public Works (DPW), and Health & Hospital Corporation (MCHD) proposed several adjustments to the city code to eliminate ambiguities, add specifics to clarify the code and expedite enforcement, address oversights, modernize policy, and correct errors.
The changes that were adopted included the following:
- Correct the Meridian Hills exception clause.
- Enforcement may be against the person doing the work, such as a contractor, in addition to the property owner.
- Repeat offenses are measured from the previous 12 months, not since January 1st.
- Specific parking requirements for dwellings in commercial districts.
- Allow for Temporary Auto Sales events twice a year in C-4 district.
- Update statute citations and agency names.
Rules of Procedure Changes
The Metropolitan Development Commission (MDC) adopted changes to their Rules of Procedure, including fees, on Wednesday December 7, 2005. The MDC also adopted changes to the Rules of Procedure of the Plat Committee and the Hearing Officer (HOV) at that time. The Metropolitan Board of Zoning Appeals (BZA) also adopted changes to their Rules of Procedure, including fees. The effective date of the changes is January 3, 2006.
Adopted Rules of Procedure:
Excluded Cities Enforcement Enhancement
Adopted on August 3, 2005 and amended the Enforcement and Remedies portion of the City Code to allow law enforcement officers to enforce the zoning ordinances as well. Additionally, the ordinance modified the definitions of Recreational Vehicle and Inoperable Vehicle, and modified the fencing and screening requirements around swimming pools.
Amendment to the Flood Control District Zoning Ordinance
Adopted August 29, 2005 and amended the Flood Control Zoning Ordinance by using the most recent FEMA maps dated July 3, 2005.
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