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Fishers City Zoning Code

CHAPTER 4

OVERLAY ZONING DISTRICTS

Sec. 4.1.1. Overlay District Intent Statements

  • General Purpose

    The intent of the Overlay Districts is to apply regulations that achieve a specific purpose in a target area. The Overlay Districts provide additional or different standards that are applied to the underlying Zoning District. For this UDO, the following Overlay Districts have been established:

    1. Commercial Use Limit Overlay District - CUL-OL
    2. Greenway Overlay District - GR-OL
    3. Interstate 69 Overlay District - I69-OL
    4. Jurisdictional Area Overlay District - JURIS-OL
  • Boundaries

    The boundaries shown for each Overlay District listed above shall be shown on the Official Zoning Map.

  • Applicability
    1. A lot covered by an Overlay District shall be subject to both underlying Zoning District and the Overlay District standards found in this Chapter. 
    2. If a use is prohibited in either an applicable Overlay District or the underlying zoning district, then the use is prohibited, even though one (1) of the districts allows the use. 
    3. In the event of a conflict with the underlying zoning district, the overlay standards shall apply. 
  • Effective on: 1/1/1901

    Sec. 4.2.1. GW-OL Greenway Overlay District

  • A.
    Purpose &Intent

    It is the purpose and intent of the Greenway Overlay District (GW-OL) to promote the public health, safety, comfort, convenience, and general welfare by providing increased pedestrian connectivity to surrounding greenspaces, parks, neighborhoods, and bicycle and pedestrian networks.

  • B.
    Applicability

    The provisions of the GW-OL District shall apply to all properties lying wholly or partially within the District as shown on the Official Zoning Map.

  • C.
    Base Standards Apply

    Unless specifically set forth in this Section, allowed uses, dimensional requirements, height limits and general development standards of the underlying zoning district apply.

  • D.
    Ground Cover
    1. 1.
      Whenever a land-disturbing activity occurs, the person undertaking the activity shall install such ground cover, devices or structures sufficient to restrain erosion and retain sediment within the boundaries of the tract always.
    2. 2.
      Any portion of a site upon which further land-disturbing activity is not being undertaken shall be provided with ground cover sufficient to restrain erosion within 14 calendar days of temporarily or permanently suspending the land disturbing activity. Permanent ground cover shall be installed within 14 calendar days following completion of construction or development.
  • E.
    Connectivity

    All new subdivisions within the GW-OL District shall integrate a shared-use trail system connecting to a greenway identified on the Thoroughfare Plan, as amended, or otherwise as approved by the Director.

  • F.
    Shared-Use Path/Greenway
    1. 1.
      A multi-use path shall be installed in accordance with the Thoroughfare Plan.
    2. 2.
      Where sidewalks, paths, or other pedestrian ways meet streets, ADA-compliant ramps shall be installed.
    3. 3.
      Pedestrian access shall consist of an accessible, easily-discernible and ADA compliant walkway or multi-use path.
    4. 4.
      The pedestrian access surface shall be constructed of concrete, asphalt or other fixed, firm and nonslip material as approved by the Director of Engineering. Permeable compressible materials that are ADA accessible may also be considered.
    5. 5.
      The minimum width of multi-use paths shall be in accordance with the Thoroughfare Plan.
  • Effective on: 9/9/2024

    Sec. 4.2.2. I69-OL Interstate-69 Overlay District

  • A.
    Intent

    It is the purpose and intent of the Interstate-69 Overlay District (I69-0L) is to limit certain uses that could negatively impact the aesthetics image and economic opportunities for properties that have limited access along the I69 corridor.

  • B.
    Applicability

    The provisions of the I69-0L District apply to all properties lying wholly or partially within the District as shown on the Official Zoning Map.

  • C.
    Boundaries

    The boundaries of the I69-0L District are hereby established for the entire length of Interstate-69 within the City, and land area on either side of the right-of-way for Interstate-69 in the City.

  • D.
    Development and Design Standards
    1. 1.
      No clearing or other disturbance of land shall occur and no building, structure, or use shall be established except in compliance with the provisions of this Ordinance.
    2. 2.
      Interstate Corridor Buffer. Properties within the I69-0L District shall install a minimum of one (1) canopy deciduous or evergreen tree per 60 feet of property that is contiguous to the I-69. If the abutting property has less than 60 feet of contiguous frontage on I-69, then a minimum of one (1) tree shall be planted. Trees shall be planted within 15 feet of the property line that abuts the i-69 right-of-way.
    3. 3.
      Building Orientation. All structures shall give the appearance of four-sided architecture.
    4. 4.
      Flex Use. Commercial uses with a street level designated as a storefront available for flex use as a retail store or office. All floors are available for flex use as office or retail. Parking is provided in rear or in a parking garage.
    5. 5.
      Large Scale Commercial. A commercial type in the form of large individual buildings designated as available for a retail store. Parking is generally provided in front of buildings in surface lots.
    6. 6.
      Overnight Lodging. Hospitality uses in the form of one (1) or more multi-story buildings designated as available for lodging with limited ground floor flex use as retail. Parking is generally provided in surface lot or common parking garage.
    7. 7.
      Trash Collection. Trash collection and recycling areas shall not be visible from the interstate and shall be screened in accordance with Article 6.2. Accessory Structure Standards.
    8. 8.
      Excluded Uses. The following uses shall be prohibited from the underlying zoning districts within the I69-OL District:
      1. a.
        Institutional Uses exempt from paying Indiana property taxes and associated accessory structures, unless the Institutional Uses occupy less than 25% of a site with over 100,000 square feet of floorspace.
      2. b.
    9. 9.
      Legally Non-Conforming. If a use is legally established on a parcel or portion of a parcel at the time the I69-0L District is enacted, but is no longer permitted according to this Section, it shall be considered legally non-conforming. A parcel containing a legally nonconforming use may be developed, maintained, or reconstructed in furtherance of the existing legal non-conforming use (a) established on that parcel and (b) by the owner of the parcel at the time the legally non-conforming use is established. All uses which are permitted in the underlying zoning district(s), except those uses expressly excluded (this Section) shall be permitted in the I69-0L District.
  • (Ord. 101121G, 11/15/2021) (Ord. 031725C, 04/21/2025) 

    Effective on: 4/21/2025

    Sec. 4.2.3. JURIS-OL Jurisdictional Area Overlay District

    The JURIS-OL applies to public rights-of-way on arterial roads. See Sec. 5.3.3D. Micro (Small Cell) Towers.

    Effective on: 9/9/2024

    Sec. 4.2.4 NPT-OL Nickel Plate Trail Overlay

  • A.
    Purpose & Intent: The purpose of the Nickel Plate Trail Overlay is to protect and enhance the health, safety and welfare of the citizens of Fishers by promoting health and wellness and future development. For purposes of this overlay district, the NPT shall be defined as any property conveyed to the City of Fishers, by title or easement, for purposes of establishment of the NPT.It is the City’s intent to achieve the purpose of this overlay district by:
    1. 1.
      Providing a consistent design treatment for properties along the Nickel Plate Trail;
    2. 2.
      Providing controls for architecture and landscape design that establish continuity of design between projects and the Nickel Plate Trail; and
    3. 3.

      This overlay district is superimposed over the other base zoning districts and its regulations shall supersede those of the base zoning districts over which it is superimposed. In establishing this overlay district, the Plan Commission and City Council relies on IC 36-7-4-1400 et seq. Unless specifically set forth in this Section, allowed uses, dimensional requirements, height limits and general development standards of the underlying zoning district apply.

    4. 4.
      Protecting the Nickel Plate Trail character.
  • This overlay district is superimposed over the other basezoning districts and its regulations shall supersede thoseof the base zoning districts over which it is superimposed.In establishing this overlay district, the Plan Commissionand City Council relies on IC 36-7-4-1400 et seq.

    Unless specifically set forth in this Section, allowed uses,dimensional requirements, height limits andgeneral development standards of the underlying zoning district apply.

    1. B.
      Applicability: The provisions of the Nickel Plate Trail Overlay shall apply to all properties lying wholly or partially within the District as shown on the Official Zoning Map. Generally, the boundaries are illustrated in Figure A: Nickel Plate Trail Overlay, extending to properties with single-unit living directly adjacent to the Nickel Plate Trail property line. If the provisions in this Nickel Plate Trail Overlay are inconsistent or in conflict with provisions found in other adopted codes and regulations of the City, the more restrictive provision shall control unless otherwise expressly provided.
    2. C.
      Access Points: All access points onto the NPT shall be constructed per the City of Fishers Engineering Design Standards and must receive approval from the Mayor or Mayor’s Designee. All access points shall be designed as to not impede drainage ways.
    3. D.
      Single-Family Residential Allowances
      1. 1.
        Single-family residential properties shall be permitted an additional 500 square feet of accessory structure floor area.
      2. 2.
        Single-family residential properties shall be permitted a maximum 50% impervious surface lot coverage.

    1. B.
      Fence and Wall Standards: Fences along property lines abutting the NPT are permitted to be a maximum of six (6) feet tall, with an additional allowance of up to two (2) feet for architectural features for a total height of eight (8) feet tall.

    (Ord. 101121G, 11/15/2021)

    Effective on: 9/9/2024

    Sec. 4.2.5 Commercial Low Impact Overlay District (CLow-OL)

    A. Purpose & Intent  
    The purpose of the Commercial Low Impact Overlay District (Clow-OL) to promote the public health, safety, comfort, convenience, and general welfare by encouraging improved design in the development of land by promoting the following objectives:  

    • Provide for the development of diverse neighborhoods; 
    • Greater flexibility in applying the ordinances to the development of the Real Estate; 
    • Innovation approach to meet the demands of the market; 
    • The recognition of the interdependency of various markets; and 
    • Coordination of architectural styles, building forms and relationships, graphics and other private improvements. 

    This overlay district is superimposed over the other base zoning districts and its regulations shall supersede those of the base zoning districts over which it is superimposed. In establishing this overlay district, the Plan Commission and City Council relies on IC 36-7-4-1400 et seq. 

    B. Applicability 
    The provisions of the CLow-OL shall apply to all properties lying wholly or partially within the District as shown on the Official Zoning Map. If the provisions in this CLow-OL District are inconsistent or in conflict with provisions found in other adopted codes and regulations of the City, the more restrictive provision shall control unless otherwise expressly provided. 

    When a property is requested to be rezoned the base zoning district shall be the 3.3.6. C-Low Commercial Low Impact Zoning District.  


    C. Procedure 
    The property will still be required to go through the rezone process outlined in Section 10.2.25 Zoning Map Change (Rezone), including Council and Commission action, including all state and local public noticing requirements. 

     

    Effective on: 9/9/2024