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Fishers City Zoning Code

CHAPTER 1

INTRODUCTORY PROVISIONS

Sec. 1.1.1. General

Fishers is widely recognized as a highly desirable community to raise a family and grow a business due to deliberate choices the community has made over time. To maintain Fishers as a highly desirable community, the City Council adopted a new comprehensive plan known as Fishers 2040. Fishers 2040 plan was adopted on June 20, 2016, and the purpose of the Unified Development Ordinance (UDO) is to implement the goals, actions items and desires of the Fishers 2040 plan into specific development standards.

In addition, this UDO has been developed to support the City's visions to be “a smart, vibrant, and entrepreneurial city”. This UDO establishes baseline development standards to continue to promote the City of Fishers as a premier city in which to live, work, play and raise a family.

None of the standards in this UDO are intended to limit unique, and creative planning, site design and architecture. The Planning & Zoning Department embraces creative and new development options, and it is available to discuss those options with any land owner, developer or investor.

Effective on: 1/1/1901

Sec. 1.2.1. Title & Authority

  • Title

    This ordinance shall be formally known as the “City of Fishers Unified Development Ordinance,” and may be cited and referred to as the “Zoning Ordinance,” “Subdivision Control Ordinance,” “Unified Development Ordinance”, or “UDO”.

  • Authority

    This UDO is adopted by the City pursuant to its authority under the laws of the State of Indiana, IC 36-7-4 et seq. Whenever codes cited in this UDO refer to Indiana Code which has been amended or superseded, this UDO shall be deemed amended about the new or revised code.

  • Relationship to the Comprehensive Plan

    The City Council has instituted a comprehensive planning program to ensure that the anticipated growth within the City is organized, planned, and coordinated in a manner that will not place undue burdens on the City in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive plan. The comprehensive plan maps and policies shall be consulted when land use decisions pursuant to this UDO are being made, and used as criteria in making decisions upon land use requests.

  • Repealer

    This UDO repeals and replaces all prior Zoning Ordinances, Unified Development Ordinances, and Subdivision Control Ordinances, and is hereby incorporated by reference into the Code of Ordinances, Fishers, Indiana.

  • Location of Ordinance

    In accordance with Indiana law, copies of any material incorporated by reference into the UDO are on file in the Clerk-Treasurer’s office for public inspection. The office of the Clerk/Treasure and the Department shall keep additional copies of this UDO for the purposes of sale or distribution. The UDO is also available on the City’s website.

    • Effective on: 7/20/2018

    Sec. 1.2.2. Purpose & Intent

    The purpose of this UDO is to secure adequate light, air, convenience of access, and safety from fire, flood, and other danger; lessen or avoid congestion on public streets; preserve, protect and promote the public health, safety and general welfare of residents and businesses in the City. More specifically, this UDO is adopted to achieve the following objectives:

    1. A.
      Implement the policies and goals contained within officially adopted plans, including the Comprehensive Plan;
    2. B.
      Improve the built environment and human habitat;
    3. C.
      Protect water quality within watershed critical areas, the general watershed areas of designated water supply watersheds and other watershed districts;
    4. D.
      Encourage environmentally responsible development practices;
    5. E.
      Promote development patterns that support safe, effective and multi-modal transportation options, including auto, pedestrian, bicycle and transit and therefore minimize vehicle traffic by providing for a mixture of land uses, walkability and compact community form;
    6. F.
      Promote the greater health benefits of a pedestrian-oriented environment;
    7. G.
      Reinforce the character and quality of neighborhoods;
    8. H.
      Remove barriers to and provide incentives for walkable projects;
    9. I.
      Protect and promote appropriately located commercial and office activities to preserve and strengthen the City’s economic base;
    10. J.
      Promote energy conserving and energy efficient development;
    11. K.
      Promote Salutogenic community amenities to strengthen community and individual well-being; 
    12. L.
      Ensure adequate facilities are constructed to serve new development;
    13. M.
      Provide for orderly growth and development of suitable neighborhoods with adequate transportation networks, drainage and utilities and appropriate building sites;
    14. N.
      Save unnecessary expenditures of funds by requiring the proper initial construction of transportation networks, sidewalks, drainage facilities and utilities.

    Effective on: 4/21/2025

    Sec. 1.2.3. Compliance

    No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, enlarged or used, nor shall any piece of land be used, nor shall any existing use be expanded except when in full compliance with all provisions of this UDO and the permits and certificates required by this UDO have lawfully been issued. For information regarding nonconforming structures see CHAPTER 2. ADMINISTRATION of the UDO.

    Effective on: 1/1/1901

    Sec. 1.2.4. Severability

    If any provision or the application of any provision of the UDO is held unconstitutional or invalid by the courts, the remainder of the UDO or the application of such provision to other circumstances shall not be affected.

    Effective on: 1/1/1901

    Sec. 1.3.1. Jurisdiction & Exempt Entities

  • This UDO applies to all land, buildings, structures and uses located within corporate limits and the extraterritorial jurisdiction of the City of Fishers, Indiana, and any land within Townships that have entered joinder agreements with the City for the purposes of planning and zoning. To the extent allowed by law, the provisions of this UDO apply to all land, buildings, structures, and uses owned, leased, or otherwise controlled by any district, County, State or Federal government agencies.
  • The following governmental agencies and entities may be exempt from the UDO with approval by the City Council: The City of Fishers, Delaware and Fall Creek Townships, the County of Hamilton, the State of Indiana, Hamilton Southeastern Schools, Hamilton East Library, and regulated public utilities (hereinafter "Exempt Entities). This exemption shall not apply to any State or Federal Building or Fire code except for local ordinance requirements as applicable (see also Sec. 10.2.12. Exempt Entities) for permit process.

    • Effective on: 1/1/1901

    Sec. 1.3.2. Effective Date

    This UDO was adopted on July 19, 2018 and became effective on July 20, 2018, by Ordinance No. 071618F.

    Effective on: 1/1/1901

    Sec. 1.3.3. Ordinance Format

  • Format

    The structure of the text of the UDO is as follows:

    1. Cross-References
      1. Electronic Format. If used in the electronic format, certain aspects of this document allow the user to quickly navigate the document by clicking on hyperlinks and quick access chapter tabs
      2. Chapter Table of Contents. The Article headings located in the table of contents at the beginning of each Chapter may be clicked to direct the user to that Article within the Chapter.
      3. UDO Cross-References. In-line text cross-references to other Articles or Sections within this document are colored and emphasized in italics. Chapters are also emphasized in all capitals for example; CHAPTER 3. ZONING DISTRICTS. Clicking on the emphasized text will direct the user to the cross-referenced Article.
      4. Non-UDO Cross-References. The UDO includes cross-references to documents and websites outside of this document. These cross-references are colored and underlined. The documents or websites are highlighted for cross-reference only.

    Effective on: 7/20/2018

    Sec. 1.3.4. Interpretation & Rules of Language

  • A.
    Abbreviations

    The following phrases, personnel, and document titles are shortened in this code:

    1. 1.
      Advisory Plan Commission = Commission
    2. 2.
      Board of Zoning Appeals = Board
    3. 3.
      City Council = Council
    4. 4.
      City of Fishers = City
    5. 5.
      Planning and Zoning = Department
    6. 6.
      Director of the Department = Director
    7. 7.
      Technical Advisory Committee = TAC
  • B.
    Minimum Requirements

    The provisions of this UDO are the minimum requirements for securing the provisions of Sec. 1.2.2. Purpose & Intent.

  • C.
    Conflict or Inconsistency
    1. 1.
      Internal. Unless otherwise specifically stated within this UDO, if two (2) or more provisions of this ordinance are in conflict or are inconsistent with one another, then the more restrictive provision shall apply.
    2. 2.
      Federal, State, and Local.
      1. a.
        Whenever a provision of the UDO imposes a greater restriction or a higher standard than is required by any State or federal code or regulation, or other County or City ordinance or regulation.
      2. b.
        Whenever a provision of any State or federal code or regulation, or other County or City ordinance or regulation imposes a greater restriction or a higher standard than is required by the UDO, the provision of the State or federal code or regulation, or other County or City ordinance or regulation shall apply, unless precluded by said code, ordinance or regulation, the provision of the UDO shall apply.
    3. 3.
      Other. Whenever a private covenant, contract, commitment, agreement, or other similar private land use regulation imposes a greater restriction or a higher standard than is required by a provision of the UDO, the City is not obligated to enforce the provisions of such private covenants, contracts, commitments, agreements, or other similar regulations to which the City is not a party.
  • D.
    Text

    If there are found to be differences between the text of this UDO and the meaning and implication of any drawing, table, figure, title or section heading, then the text shall prevail.

  • E.
    Graphics

    Graphics and other illustrations are provided for informational purposes only and should not be relied upon as a complete and accurate description of all applicable regulations or requirements.

  • F.
    Time Frames

    Unless specifically noted otherwise, time frames stated within this UDO shall be calculated to include weekdays, weekends, and holidays. If a time frame ends on a Saturday, Sunday, or holiday when the City offices are closed, then the time frame will be extended to the end of the next business day.

  • G.
    Delegation of Authority

    If a provision in this UDO requires the Director to perform an act or duty, that provision shall also include any person working under the Director’s authority and supervision unless specified otherwise.

  • H.
    Mandatory and Permissive Terms

    The words “shall,” or “must” are always mandatory and “may” or “should” are always permissive.

  • I.
    Words Used

    If words used in this UDO are not defined in CHAPTER 12. DEFINITIONS, they shall be construed to be the common usage of the language. Any legal or technical words not defined in this UDO shall be construed to be as defined by appropriate lexicon or current and common dictionary (e.g., Merriam- Webster’s Collegiate Dictionary).

  • J.
    Tense

    If words are used in a specific tense (past, future, or present) it shall be construed to include all tenses, unless in context, it clearly indicates a single tense.

  • K.
    Singular/Plural Form

    If words are used in singular form then the plural form shall apply and vice versa, unless, in context, it clearly indicates one form or the other.

  • L.
    Conjunctions

    “And” shall be construed to include all connected items in a series, conditions, and provisions, and “or” shall be construed to include one (1) or more of the items in a series, conditions, and provisions.

  • M.
    Gender

    Words used in the masculine gender include the feminine gender and the neuter, and vice versa.

    • Effective on: 4/21/2025

    Sec. 1.3.5. Transition Ordinance

  • A.
    Applications

    Any complete application that has been filed with the City, prior to the effective date of this UDO, shall be regulated by the terms and conditions of the Zoning Ordinance, Subdivision Control Ordinance or UDO that was in place at the time of filing. However, all administrative procedures and fees shall follow those set forth by this UDO.

  • B.
    Buildings

    All new building sites shall meet the requirements of the UDO unless:

    1. 1.
      A complete Building Permit application was filed and is still valid; or
    2. 2.
      A complete Improvement Location Permit application was filed and is still valid; or
    3. 3.
      A parcel was approved as a buildable lot by the Commission (valid Primary or Secondary Plat) or the Board (valid Development Standards Variance) prior to the effective date of this UDO; or
    4. 4.
      A complete and valid Primary Plat application has been filed with the Department prior to the effective date of this UDO.
  • C.
    ​​​​Pre-Existing Land Owned for a Current or Planned Place of Worship
    A property owned on July 11, 2018, by the owner or its affiliate for a current or planned place of worship shall be exempt from the UDO’s Special Exception requirement if the property owner submits in writing on or before January 11, 2019, to the Director a notice that identifies:  
    1. 1.
      the property as being owned for a current or planned place of worship;
    2. 2.
      the property owner (along with a copy of the current deed); and
    3. 3.
      the property’s common address and Hamilton County parcel number.

    • Effective on: 7/20/2018

    Sec. 1.4.1. Purpose & Intent

    This Article establishes the framework for zoning districts within the City and their relationship to the City’s Comprehensive Plan Land Use categories. This chapter also establishes the zoning map as the official designation of zoning district boundaries

    Effective on: 1/1/1901

    Sec. 1.4.2. Establishment of Official Zoning Map

  • The boundaries of the zoning districts are hereby established on a map entitled, “City of Fishers Official Zoning Map”, which is hereby incorporated into and made part of this UDO. Notations, references, indications, and other matters shown on the Official Zoning Map are as much a part of this UDO as if they were fully described herein. The Official Zoning Map shall be formally known as the “Official Zoning Map” and it may be cited and referred to as the “Fishers Zoning Map” or the “Zoning Map.”
  • The electronic zoning map is maintained as part of the City’s Geographic Information System (GIS) under direction of the Department and shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the jurisdictional area

    • Effective on: 1/1/1901

    Sec. 1.4.3. Interpretation of Map Boundaries

  • The zoning district boundaries shall be shown on the Official Zoning Map. If any uncertainty exists with respect to the intended boundaries as shown on the Official Zoning Map, the Director is authorized to interpret the boundaries.
  • District boundaries on the Official Zoning Map shall be interpreted as follows:
    1. Zoning district boundaries shown within or parallel to the lines of roads, easements, and transportation rights-of-way shall be deemed to follow the centerline of the affected road, easement, or right-of-way.
    2. Zoning district boundaries shown within or parallel to the lines of roads, easements, and transportation rights-of-way at the boundaries of the planning jurisdiction shall be deemed to include the full width of such roads, easements, and transportation rights-of-way.
    3. Zoning district boundaries indicated as following or being parallel to section or fractional sectional lines, platted lot lines, or City corporation lines shall be construed as following or paralleling such lines.
    4. Zoning district boundaries indicated as approximately following the centerline of streams, rivers, or other bodies of water shall be construed to follow such centerlines as they may naturally shift over time.
    5. Zoning district boundaries indicated as approximately following the parcel lines as established by the Hamilton County Office of Transfer and Mapping shall be construed to follow such parcel lines.
  • The vacation of streets shall not affect the location of zoning district boundaries. Such boundaries must be reviewed, and, if necessary, a formal amendment shall be made to the Official Zoning Map.
  • When the Director cannot determine the location of a zoning district boundary, the Board shall determine the location of the zoning district boundary.
  • The Overlay District boundaries on the Official Zoning Map shall be interpreted as follows:
    1. An overlay district shall be depicted on the Official Zoning Map with a hatch or textured pattern and be identified as such on the map legend.
    2. A lot that is fully covered (bounded) by an overlay district shall be entirely subject to the overlay district standards found in CHAPTER 4. OVERLAY ZONING DISTRICTS.
    3. A lot that is partially covered (transected) by an overlay district shall be subject to the overlay district to the extent that the lot area is covered by the overlay district.

    • Effective on: 1/1/1901