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Fishers City Zoning Code

CHAPTER 2

ADMINISTRATION

Sec. 2.1.1. General

  • Fee Schedule

    Filing fees for applications and petitions filed pursuant to the UDO are set forth in the City’s Fee Schedule. The Fee Schedule is established by resolution of the Council. Copies of the Fee Schedule shall be available in the office of the City Clerk/Treasurer and in the office of the Department.

    1. Impact Fee. Impact Fees applicable to the planning and zoning jurisdiction of the City found in the Fishers Code of Ordinances; Title XV: Land Usage; Chapter 156: Administration, Permits, and Fees are hereby incorporated by reference into the UDO.
    2. Exemption.
      1. No fee shall be required for City projects
      2. All fees, except fees related to structural building permit issuance and associated inspections, as found in Title III: Administration; Chapter 35: City Policies; Section 35.30: Fee Schedule of the Fishers, Indiana Code of Ordinances, shall be waived for Federal and State-owned projects.
  • Schedule of Meeting and Filing Dates

    The Department shall maintain an annual Schedule of Meeting and Filing Dates for the Commission and any committees, Board, and TAC. Modifications of filing dates may be considered and granted on a case-by-case bases if determined reasonable by the Department. The existence of this calendar shall not be interpreted as prohibiting special meetings or changes of meeting dates by the Commission and committees, Board, or TAC. The schedule shall be made available in the office of the Department.

  • Summary of Authority

    The decision-making bodies and officials described herein, without limitation upon such authority as each may possess by local and Indiana law, have responsibility for implementing and administering the UDO in the manner described herein.

  • Effective on: 1/1/1901

    Sec. 2.2.1. Board of Zoning Appeals

    A Board of Zoning Appeals (“Board”) is hereby established with membership and appointment provided in accordance with Indiana law and all acts now or hereafter amendatory thereto. The powers and duties of the Board are defined by Indiana law and are generally described below.

    1. Duties
      1. The Board shall adopt rules (“Rules of Procedure of the Board”) as it may deem necessary to establish the conduct in which the Board meetings are handled. 
      2. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings, and record the vote of each member voting upon each question. All minutes and records shall be filed in the office of the Department and shall be a public record.
    2. Appeals of Administrative Decisions
      1. Any decision of the Director in enforcement or application of the UDO may be appealed to the Board by any person claiming to be adversely affected by such decision.
      2. The Board shall hear and determine appeals from and review any order, requirement, decision or determination made by the Director in the enforcement of the UDO .
      3. see also Sec. 10.2.3. Appeal of Administrative Determination.
      4. Every decision of the Board shall be subject to review pursuant to I.C. 36-7-4-1016.
    3. Special Exception

      The Board shall approve or deny all Special Exceptions in accordance with the UDO, but only in the situations specified herein. The Board may impose reasonable conditions or commitments as a part of its approval (see also Sec. 10.2.19. Special Exceptions).

    4. Variances of Use

      The Board shall approve or deny variances of land use in accordance with the UDO (see also Sec. 10.2.24. Variance)

    5. Variances of Development Standards

      The Board shall approve or deny variances from the development standards in accordance with the UDO (see also Sec. 10.2.24. Variance).

    6. Variances of Floodplain Standards

      The Board shall approve or deny variances from CHAPTER 9. FLOODPLAIN STANDARDS in accordance with the UDO (see also Sec. 10.2.24. Variance).

    Effective on: 7/20/2018

    Sec. 2.2.2. Common Council

    The powers and duties of the Common Council of the City of Fishers, Hamilton County, Indiana (“Council”), regarding the UDO, are defined by Indiana law and generally described below.

    1. Duties

      Duties should be interpreted as activities that are obligations and generally include:

      1. Plans and Ordinances. Adopt, reject, or amend the Comprehensive Plan, any other plans, the Zoning Ordinance, and the Subdivision Control Ordinance (collectively, the UDO) as certified and submitted by the Commission.
      2. Plan and Ordinance Amendments. Adopt, reject, or amend proposals to amend or partially repeal the text of the Comprehensive Plan, any other plans, and the UDO as certified and submitted by the Commission.
      3. Zoning Map Amendments. Adopt, reject, or amend proposals to amend the Official Zoning Map certified by the Commission (see also Sec. 10.2.25. Zoning Map Change (Rezone)).
      4. Planned Unit Developments. Adopt, reject, or amend proposals for Planned Unit Development Districts as certified by the Commission (see also Sec. 10.2.16. Planned Unit Development).
      5. Fee Schedule. Adopt, reject, or amend proposals to adopt or amend a Fee Schedule (see also Article 2.1. General Administration).
      6. Other Duties: All additional duties as established by Indiana law.
    2. Powers

      Powers should be interpreted as activities that are optional and may be initiated by the Council and include:

      1. Plan and Ordinance Amendments. Initiate amendments to the text of the Comprehensive Plan, any other plans, or the UDO.
      2. Zoning Map Amendments. Initiate amendments to the Official Zoning Map.
      3. Other Powers. To take such other actions not delegated to other bodies that may be desirable and necessary to implement the provisions of the UDO and all additional powers as permitted by Indiana law.

    Effective on: 1/1/1901

    Sec. 2.2.3. Advisory Plan Commission

    The powers and duties of the City of Fishers Advisory Plan Commission (“Commission”) are defined by Indiana law and are generally described below. The Commission may delegate its authority to the Department or a committee to perform ministerial acts except where final action of the Commission is necessary.

    1. Duties

      Duties should be interpreted as activities that are obligations and generally include:

      1. Recommends and maintain a Council approved Comprehensive Plan and UDO as authorized under Indiana law.
      2. Adopt and maintain rules and procedures for holding meetings (“Rules of Procedure of the Commission”), holding public hearings, and administrating and enforcing the Comprehensive Plan, and UDO.
      3. Maintain complete records of all meetings, hearings, correspondence, and affairs of the Commission.
      4. Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Commission.
      5. Certify and submit recommendations to the Council including new versions of and revisions to the Comprehensive Plan, UDO, and the Official Zoning Map (see also Sec. 10.2.25. Zoning Map Change (Rezone)).
      6. Certify and submit recommendations to the Council for adopting a Planned Unit Development Districts (see also Sec. 10.2.16. Planned Unit Development).
      7. Approve or deny plats or replats of Subdivisions (see also Sec. 10.2.20. Subdivision (Platting)).
      8. Approve or deny requests for waivers pursuant to the UDO (see also Sec. 7.1.4C. Subdivision Control Waivers).
      9. Approve or deny Development Plans and amendments to Development Plans (see also Sec. 10.2.10. (RESERVED FOR FUTURE USE)).
      10. Enforce regulations and procedures of the Comprehensive Plan and UDO to the extent of the local resolutions, ordinances, and Indiana law.
      11. Other duties as permitted by Indiana law.
    2. Powers

      Powers should be interpreted as activities that are optional to be initiated and include:

      1. Distribute copies or summaries of the Comprehensive Plan or the UDO to the public and development community.
      2. Other powers as permitted by Indiana law.

    Effective on: 1/1/1901

    Sec. 2.2.4. Director of the Department

  • Administrative Officer

    It shall be the duty of the Director of the Department (“Director”) to enforce and render interpretations of the provisions of the UDO and receive applications required by the UDO, issue permits, and furnish the prescribed certificates.

  • Department Duties

    In accordance with Indiana law, the Director, or designee, shall have the responsibility and authority to administer and enforce the UDO as follows:

    1. Maintain a Council approved Comprehensive Plan and the UDO, as authorized under Indiana law.
    2. Maintain rules of procedures for the Board and Commission meetings, holding public hearings, as well as enforcing the Comprehensive Plan and UDO.
    3. Maintain complete records of all meetings, hearings, correspondence and affairs of the Board and Commission.
    4. Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Commission. All such records shall be open to public inspection during the Department’s normal hours of business.
    5. Maintain a permitting process and seal used to certify official or approved documents. Keep careful and comprehensive records of applications, of permits issued, of certificates issued, or inspections made, or reports rendered, and of notices or orders issued. Retain on file, copies of all documents about building work so long as any part of the building or structure to which they relate may be in existence.
    6. Approve or deny Development Plans and amendments to Development Plans (see also Sec. 10.2.10. (RESERVED FOR FUTURE USE)).
    7. Examine premises for which permits have been issued, and make necessary inspections to see that the provisions of law have been met.
    8. Enforce laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings, structures and land, except as may be otherwise provided for in local or Indiana law.
    9. Issue such notices or orders as may be necessary for enforcing compliance with law or for preventing a violation of provisions of the UDO.
    10. Other duties set forth herein or that may be delegated by the Commission or Council.
  • Effective on: 7/20/2018

    Sec. 2.2.5. Committees Appointed by Rule (Reference Only)

  • General

    In accordance with State Law, the Commission may appoint a committee or committees by Rule. The Commission as established the following committees for review and approval authority over certain permit types within the UDO. 

  • Planned Unit Development Committee

    The Commission has established a Planned Unit Development Committee (the “PUD Committee”) to serve as a decision-making and advisory body with the following responsibilities:

    1. Review and decide upon Planned Unit Development applications for architectural design review and landscaping.
    2. Other powers as permitted by Indiana State Code.
  • Plat Committee

    The Commission has established a Plat Committee to serve as a decision-making body with the following:

    1. Approve or deny plats or replats of Subdivisions (see also Sec. 10.2.20. Subdivision (Platting)).
    2. Approve or deny requests for waivers pursuant to the UDO (see also Sec. 7.1.4C. Subdivision Control Waivers).
  • Nickel Plate Review Committee

    The Commission has established the Nickel Plate Review Committee to aid in the review and approval of all development for properties within the Zoning Districts of the Nickel Plate District, see Section 8, Administration; Nickel Plate District Code.

  • Technical Advisory Committee
    1. Jurisdiction and Authority. The TAC has the following powers and duties about the implementation of the UDO:
      1. To review and evaluate applications for variances or waivers and make recommendations to the Board, Commission, Committee(s), and Council, pursuant to the procedures and standards for variances or waivers set forth Sec. 10.1.2. Summary of Review Authority.
      2. To review and evaluate Development Plans and site plans, and make recommendations to the Board, Commission, Committee(s), and Council, as may be appropriate, pursuant to the procedures and standards set forth in Sec. 10.1.2. Summary of Review Authority.
      3. To review and evaluate Primary and Secondary Plats, and make recommendations to the Board, Commission, Committee(s), and Council, pursuant to the procedures and standards set forth in Sec. 10.1.2. Summary of Review Authority.
      4. To take such other actions as delegated by the Director or other bodies which may be desirable and necessary to implement the provisions of the UDO.
  • Effective on: 1/1/1901

    Sec. 2.2.6. Floodplain Administrator

  • Enforcement

    The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of CHAPTER 9. FLOODPLAIN STANDARDS.

  • Interpretation

    The Floodplain Administrator is further authorized to render interpretations of CHAPTER 9. FLOODPLAIN STANDARDS that are consistent with its purpose and intent (see also Sec. 9.1.2A.3.).

  • Duties of the Floodplain Administrator

    The duties of the Floodplain Administrator shall include, but not be limited to:

    1. Review all Floodplain Development Permits to assure the permit requirements of the UDO have been satisfied;
    2. Inspect and inventory damaged structures in Special Flood Hazard Areas (SFHA) and complete substantial damage determinations;
    3. Ensure construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to Sec. 9.1.5D. Standards for Identified Floodways and Sec. 9.1.5F. Standards for SFHAs Without Established Based Flood Elevation and/or Floodways/Fringes, and maintain a record of such authorization (either copy of the actual Permit or floodplain analysis/regulatory assessment);
    4. Ensure all necessary Federal or State permits have been received prior to issuance of the local Floodplain Development Permit. Copies of such federal or State permits are to be maintained on file with the local Floodplain Development Permit;
    5. Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA);
    6. Maintain for public inspection and furnish upon request local Floodplain Development Permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of Indiana Department of Natural Resources (DNR) permits and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and “as-built” elevation and floodproofing data for all buildings constructed subject to CHAPTER 9. FLOODPLAIN STANDARDS;
    7. Utilize and enforce all LOMR or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community;
    8. Assure maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
    9. Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with CHAPTER 9. FLOODPLAIN STANDARDS;
    10. Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with CHAPTER 9. FLOODPLAIN STANDARDS;
    11. Review certified plans and specifications for compliance.
  • Powers
    1. Stop Work Orders.
      1. Upon notice from the Floodplain Administrator, work on any building, structure or premises that is being done contrary to the provisions of CHAPTER 9. FLOODPLAIN STANDARDS shall immediately cease;
      2. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resume.
    2. Revocation of Permits.
      1. The Floodplain Administrator may revoke a permit or approval, issued under the provisions of this UDO, in cases where there has been any false statement of misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
      2. The Floodplain Administrator may revoke a permit upon determination that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this UDO.
    3. Inspections. For all new and/or substantially improved buildings constructed in the SFHA, inspect before, during and after construction. Authorized City officials shall have the right to enter and inspect properties located in the SFHA.
  • Effective on: 1/1/1901

    Sec. 2.3.1. General

  • Purpose & Intent
    1. ​​​​​​Upon adoption of the UDO and Official Zoning Map, some buildings, structures, lots, and uses may no longer conform to the regulations of the zoning district in which they are located. For this reason, this Article provides the rules, policies and regulations that apply to these buildings, structures, lots, and uses referred to as legal nonconforming (see also Sec. 2.3.1B.2.).
    2. Any building, structure, sign, or telecommunication facility not meeting such requirements is an illegal nonconforming and must be removed within 90 days of annexation. 
  • Distinction between Legal Nonconforming and Illegal Nonconforming
    1. A building, structure, or lot which was constructed or is being used without an approved Building Permit, Improvement Location Permit or approval from the Board or Commission is considered illegal nonconforming when it does not conform to the UDO. An illegal nonconforming property shall be subject to actions and penalties allowed by the UDO and all other applicable Municipal law and shall be altered to conform with all applicable standards and regulations of the UDO.
    2. Legal nonconforming differs from illegal nonconforming in that the reason for the nonconformance is caused by a change to the UDO. The building, structure, lot or use has not changed, but due to the ordinance change, the property no longer conforms to the policies and standards of the zoning district in which the property resides. When this situation occurs, the property is deemed legal nonconforming (another term commonly used is "grandfathered").
  • Annexation

    If land is annexed into the City, then any building, structure, sign, or telecommunication facility that, upon such annexation that does not conform to the development standards at such time shall have legal nonconforming status if:

    1. Under applicable federal, State, County, and local regulations, the building or structure was legal in all respects immediately prior to annexation; and
    2. The annexation was not conditioned upon the removal or modification of the building or structure.
  • Effective on: 1/1/1901

    Sec. 2.3.2. Nonconforming Buildings & Structures

  • Any occupied, lawfully established structure or building, excluding signs and telecommunication facilities (see also Sec. 2.3.5. Nonconforming Signs and Sec. 2.3.6 Nonconforming Telecommunication Facilities), that existed prior to the effective date of the UDO, or its subsequent amendments, and that does not meet the UDO development standards shall be deemed a legal nonconforming building or structure.
  • Any building or structure which has existed and does not conform to the provisions of the zoning regulations, and has been in continuous existence for a period of ten (10) years, and which has not been the subject of any adverse order or other adverse action by the City during said period, and which was in existence on August 19, 2019 shall be deemed a nonconforming structure or building. Thereafter, such use shall be governed by the provisions of subsections (C & D) of this section.
  • A legal nonconforming building or structure may continue if it remains the same or fits within the below described tolerances:
    1. Any legal nonconforming building or structure shall not be enlarged or altered in a manner that the enlargement or alteration increases its nonconformity, but the building or structure, or portion thereof, may be altered to maintain or decrease its nonconformity.
    2. Any legal nonconforming building or structure which is damaged or destroyed by more than 50% of its fair market value shall thereafter conform to the regulations of the zoning district in which it is located.
  • If a building or structure is moved for any reason, at any distance, it shall thereafter conform to the provisions of the UDO.
  • (Ord. 081919D, 08/19/2019) 

    Effective on: 8/19/2019

    Sec. 2.3.3. Nonconforming Lots of Records

  • All legally established and recorded lots prior to the effective date of the UDO, or its subsequent amendments, that no longer meet the lot standards shall be deemed a legal nonconforming lot of record
  • Legal nonconforming lots of record may be built upon only if the proposed use is permitted and all development standards of the applicable zoning district of the UDO are met.
  • Once one (1) or more nonconforming lots of record have been combined into a single lot or parcel that either fully conforms with the standards of the zoning district, decreases the nonconformity, or is combined with a conforming lot or parcel, the individual lots shall lose their status as lots of record, and shall not thereafter be divided from one another except in the case that all the resulting lots are in full compliance with this UDO.
  • Effective on: 1/1/1901

    Sec. 2.3.4. Nonconforming Uses, Land, or Structures & Land in Combination

    Any continuous, lawful use of structures, land, or structures and land in combination established prior to the effective date of the UDO or its subsequent amendments that is no longer a permitted use in the zoning district where it is located shall be deemed a legal nonconforming use. A legal nonconforming use may continue if it remains otherwise lawful, subject to the following conditions:

    1. No existing structure devoted to a legal nonconforming use shall be enlarged, expanded, increased, extended, constructed, reconstructed, moved, or structurally altered unless it:
      1. Complies with Sec. 2.3.4.D. for limited and small expansions; or
      2. Changes the use of the structure to a use permitted in the zoning district in which it is located, or
      3. Changes the use to be less intensive nonconforming use and is approved by the Director or Commission. 
    2. No new building or structure shall be constructed in connection with an existing legal nonconforming use of land.
    3. Any legal nonconforming use of a structure may be extended throughout any parts of a building which were plainly arranged or designed for such use at the effective date of the UDO, but no such use shall be extended to occupy any land outside the building.
    4. In the case of the legal nonconforming use of a structure, the structure may be expanded one (1) time only. The expansion may not exceed 20% of the existing floor area. The expansion shall conform to all applicable development standards except landscaping standards, unless a variance of development standards is received from the Board. The expanded structure must comply with the appropriate parking standards required in Article 6.11. Parking & Loading Standards, as determined by the Director.
    5. If a legal nonconforming use is discontinued or abandoned for six (6) consecutive months, except when government action impedes access to the premises, any subsequent use of such land, structure or land and structure shall conform to the provisions of the UDO.
    6. When a legal nonconforming use is superseded by a permitted use, it shall thereafter conform to regulations of the district, and the legal nonconforming use status shall not thereafter be resumed.
    7. Where a legal nonconforming use applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Removal or destruction is defined as removal or damage of more than 50% of its fair market value at the time of destruction.

    Effective on: 7/20/2018

    Sec. 2.3.5. Nonconforming Signs

    Any sign lawfully existing on the effective date of the UDO, or amendment thereto, that does not conform to all the standards and regulations of the UDO is considered a legal nonconforming sign. The following apply to legal nonconforming signs:

    1. Signs that existed prior to the effective date of the UDO was passed and were in conformance with previous ordinances shall be legally nonconforming until such time a major change is made to the sign. Major changes include changing the size, changing the height, adding lights, altering light intensity, and/or relocation.
    2. All legal nonconforming signs shall be kept in good repair, safe, neat, clean and attractive condition. In the event nonconforming signs are not kept in said condition or are demolished by any force whatsoever to the extent of 50% or more of the fair market value of the sign structure, said signs shall then be made to conform to the UDO.
    3. Legal nonconforming signs that are structurally altered by a major change, or replaced shall comply immediately with all provisions of the UDO.
    4. Right-of-way Acquisition.
      1. Existing Conforming and Legal Nonconforming Signs: In the case of a legally established sign that would become a legal nonconformity due to its setback from the new right-of-way line or position within a redefined vision clearance triangle by right-of-way acquisition by any governmental entity, the sign shall be required to be relocated to a position that would bring it into compliance with the sign regulations of Article 6.17. Signage Standards and Article 6.20. Vision Clearance Standards. The cost of such relocation should be factored into the price paid for the additional right-of-way during the condemnation proceedings. 
      2. Existing Illegal Nonconforming Signs: In the case of illegal nonconforming signs that may be discovered during right-of-way acquisition by any government entity, the property owner or lessee shall remove the nonconforming at the cost of the property owner or lessee. Any replacement signs shall comply with the UDO. 

    Effective on: 7/20/2018

    Sec. 2.3.6. Nonconforming Telecommunication Facilities

  • Telecommunication facilities in existence on or before the effective date of this UDO that do not conform to or comply with the telecommunication facility standards are considered legal nonconforming if:
    1. The telecommunications facility was covered by a Building Permit or variance on or before the effective date of this UDO if one was required under applicable law; or
    2. If no Building Permit was required under applicable law for the telecommunications facility in question, the telecommunications facility had legal nonconforming status at such time.
  • Any nonconforming telecommunication facility in existence and that does not meet the criteria above for a legal nonconforming telecommunication facility is an unlawful telecommunication facility.
  • Loss of Legal Nonconforming Status. A legal nonconforming telecommunications facility shall immediately lose its legal nonconforming status if:
    1. The telecommunication facility, because of improper installation or maintenance, constitutes a threat to public health or safety and remains in such condition after a reasonable time is given to remedy the problem;
    2. The telecommunication facility is demolished or damaged to the extent of 50% or more of its fair market value;
    3. The permit, variance or condition under which the telecommunication facility was allowed expires; or
    4. The telecommunication facility is substantially structurally altered to prolong its expected life.

    On the happening of any one of the above-listed events, the telecommunication facility shall be immediately brought into conformance with the development standards in the UDO or shall be removed.

  • Nothing in the telecommunication facility standards shall relieve the owner or user of a legal nonconforming telecommunication facility or owner of the property on which the legal nonconforming telecommunication facility is located from any provisions regarding safety, maintenance and repair of the telecommunication facility.
  • Effective on: 1/1/1901

    Sec. 2.3.7. Repairs & Maintenance

    The following applies to legal nonconforming structures or buildings, and legal nonconforming uses of structures, or structures and land in combination:

    1. Work may be done for ordinary repairs or replacement of walls, heating, fixtures, wiring, or plumbing; under the condition that the square footage and volume of usable space existing when the structure became nonconforming shall not be increased.
    2. If a building or structure or portion of a building or structure were to become unsafe or condemned due to lack of repairs or maintenance, and is declared by an authorized official to be unsafe or condemned due to physical condition; the building or structure shall be restored, repaired, razed or rebuilt within six (6) months of the declaration.
    3. If the improvements have not been made within the six (6) months, the building or structure shall lose its legal nonconforming status and all future improvements must conform to all standards and regulations within the UDO.
    4. If a building or structure becomes unsafe or unlawful due to physical condition and is razed, any replacement building or structure shall be rebuilt in conformity with the zoning district in which it is located.
    5. Nothing in this Section shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any building or structure or part thereof declared to be unsafe by any official charged with protecting public safety upon order of such official.

    Effective on: 1/1/1901