Zoning Starts With the Comprehensive Plan

A Little History -- You will often hear folks opine that they should be able to do whatever they want on their property.  This is the traditional Property Rights argument that goes back to the early days of European settlement of North America.  On the flip side you have people who demand a say in what others do on nearby property.  This is the traditional Community Rights argument.

Back in the early 1900s, cities started to demand a say in what was built where.  The property rights folks brought it to court.  The case involved a dispute between the Village of Euclid, OH, and a property owner who wanted to build a manufacturing plant (industrial use) next to a residential area.  The Village had adopted a map that showed where different uses, be they industrial, commercial, or residential, could be located.  

In the case of Village of Euclid, Ohio, et.al. v. Ambler Realty Company, the Supreme Court decided that there was indeed a Community Interest in what was built next to what.  They determined that if a City had a prior plan that laid out which uses could go where, then they had satisfied the requirements of expressing a Community Interest that could be used to rule against what a property owner desired to do with their property.  The property owner retains a great deal of their property rights, but in a balance with community interest.

Comprehensive Plan --  The State of Indiana sets out in the Code that if a city or county wants to weigh in on zoning or even require permits for buildings, it first must adopt a Comprehensive Plan.  In Marion County, the Comprehensive Plan includes a map laying out recommended land uses for every parcel in the County and a booklet called the Pattern Book that compliments the map with detailed descriptions of each type of land use.  Generally there are multiple types of land use - industrial, commercial, residential, and special uses like civic uses, parks, etc.  The first three each come in various intensities.  Usually a lower intensity use would act as a buffer between higher intensity uses of the same type and a different type of use.  For example, light industrial might abut multifamily that abuts single family.  On the other side of the light industrial could be medium industrial and then heavy industrial.

Here is a link to the components of the Indianapolis-Marion County Comprehensive Plan : https://www.indy.gov/activity/comprehensive-plan-for-the-city-county 

Zoning Ordinance -- State law sets out the broad outlines of how cities and counties can construct zoning ordinances.  In Indianapolis-Marion County the zoning ordinances are overhauled infrequently and small modifications are done on a regular basis.  Both of these involve a public process - much more citizen participation in formulating the wording in the overhauls and open comment periods in the smaller modifications.   The zoning ordinance lays out the zoning categories and what standards each must meet, rules for the issuance of permits, Metropolitan Development Commission Rules, the process of seeking a rezoning of a property, and the process of seeking a variance from one of the standards of a zoning category.  In addition the ordinance addresses signage, rules for the creation of subdivisions, and the rules for platting, among other things.  The ordinance is accompanied by a map that shows what zoning district is applied to each parcel in Indianapolis.  This map can be accessed here (https://maps.indy.gov/MapIndy/) 

Here is a link to the latest version of the City of Indianapolis Consolidated Zoning/Subdivision Ordinance : https://us-east-1-indy.graphassets.com/ActDBC5rvRWeCZlNNnLrDz/HF4ocgNmQBmjaG0YceAw 

Zoning Vs Variance

Zoning vs Variance -- State law makes a distinction between Zoning and Variances.  Ultimately, this ends up in a different hearing process for a rezoning petition vs a variance petition (more on that below).   When a petitioner files a Zoning petition they are seeking to change the zoning district that applies to their parcel.  Thus, they are seeking to change the map, or the laws and rules that applies to their parcel.  When they seek a Variance of Development Standards for their parcel, they are asking to amend the standards that apply to the zoning district, but not change the zoning district.  This is not considered changing the zoning map.  The landowner can seek a Variance of Use, which usually is an added use to those allowed in the parcel's zoning district.  The Variance of Use, if substantial enough, is essentially the same as rezoning, but using the loophole whereby it does not technically change the map.
Now, sometimes there are companion petitions that combine multiple petition requests and those can go either through the Zoning process or the Variance process, depending upon different factors that we won't go into here.

You May Not Contact The Hearing Examiner, Members of a Board of Zoning Appeals, or any of the Metropolitan Development Commissioners About a Pending Petition -- State law absolutely prohibits ANYONE from contacting the Hearing Examiner, a member of the BZA, or a member of the MDC about a pending petition.  Do not do it !!!!

You may contact the Current Planning Staff member who has been assigned to that petition.  They will make your comments part of the file which is available to the decision makers at the hearing.

Zoning Petition Process

You May Not Contact The Hearing Examiner, Members of a Board of Zoning Appeals, or any of the Metropolitan Development Commissioners About a Pending Petition -- State law absolutely prohibits ANYONE from contacting the Hearing Examiner, a member of the BZA, or a member of the MDC about a pending petition.  Do not do it !!!!

You may contact the Current Planning Staff member who has been assigned to that petition.  The will make your comments part of the file which is available to the decision makers at the hearing.

The Process for a Zoning Petition -- Filing and Notice  The petitioner submits the required documents to Current Planning, which is a section of the City's Department of Metropolitan Development.  Once all is in order, Staff creates the legal notice and a list of the names and addresses to which that notice must be mailed.  This list includes any property that is 2 parcels or 600 feet from the subject parcel (whichever is less) and all of the Registered Organizations that claim that parcel as part of their footprint.  The notice gives a short description of the request and a lot of information about who you can contact for more information, including Current Planning and the Petitioner or their representative.  Importantly, it also gives the date of the Hearing to which this petition is initially assigned.

The Process for a Zoning Petition -- Meetings and Hearing Schedules  In Indianapolis, the Petitioner is expected to meet with interested community organizations and to have conversations with those who contact them regarding the petition.  These are not rules, rather prized customs.  When the Decatur Township Civic Council finds out that a Zoning Petition has been filed, we invited the petitioner and/or their representative to our next monthly Land Use Committee meeting.  Sometimes the dates for our Land Use meeting, our monthly members meeting (where we actually vote on a position for the petition) and the initially scheduled date for the Hearing conflict and we file for an 'automatic continuance'.  The petitioner gets one automatic continuance and everyone else shares one automatic continuance.  If another continuance is desired, the person requesting it must ask for it at a Hearing and give the reasons for the request.  This is called a 'continuance for cause'.  It is at the discretion of the Hearing Examiner (which is who hears the initial hearing) and of the Metropolitan Development Commission (which is the 9-member body that can hold a second hearing on the matter) whether or not to grant this type of continuance.  These accommodations do result in shifting dates for hearings. This frustrates those new to the process.

Hearings  --  #1 The Hearing Examiner The first Hearing for a Zoning Petition is before the Hearing Examiner.  This person is a lawyer familiar with Indy's zoning ordinance and processes and is under contract to hold these hearings.  Their decision is technically a recommendation to the Metropolitan Development Commission (MDC).   If the petition has no opposition, either from Current Planning Staff or community organizations or neighbors, then the petition is put on the 'expedited docket' where it receives a very brief hearing and the Hearing Examiner approves it.  If there is opposition, a full hearing is conducted.  The rules for a full hearing are:  The petitioner gets 15 minutes to state what they want and why.  Then those opposed (the remonstrators) get a combined 15 minutes to say why they are opposed.  If a City-County Councillor wishes to speak for either side, they then get unlimited time to speak, but are expected to keep it reasonable.  Staff then speaks briefly about their recommendation and reasoning.  The Hearing Examiner can ask question at any convenient time.  The process circles back the petitioner, who gets 5 minutes rebuttal, followed by the remonstrators who get 5 minutes.  The Councillor again has a chance to make a short comment.  The Hearing Examiner then announces her decision and reasoning. 

Hearings  --  #2 The MDC  If anyone is dissatisfied with the Hearing Examiner's decision, they have 5 business days to file an appeal of her decision to the full Metropolitan Development Commission.  The Commissioners are appointed volunteers; they do not get paid. 

The hearing is conducted just like at the Hearing Examiner's hearing.   The rules are:  The petitioner gets 15 minutes to state what they want and why.  Then those opposed (the remonstrators) get a combined 15 minutes to say why they are opposed.  If a City-County Councillor wishes to speak for either side, they then get unlimited time to speak, but are expected to keep it reasonable.  Staff then speaks briefly about their recommendation and reasoning.  The Commissioners can ask question at any convenient time.  The process circles back the petition, who gets 5 minutes rebuttal, followed by the remonstrators who get 5 minutes.  The Councillor again has a chance to make a short comment.  The MDC then votes by paper ballot and the results are announce by the Secretary to the MDC.

Hearings  --  #3 The City-County Council  Since any approved zoning change alters the zoning map, and thus the law on that parcel, it must go to the City-County Council for enactment, as only this Legislative Body can pass laws.  If a Councillor disagrees with the decision of the MDC regarding a parcel in their District, (s)he can 'call down' that petition.  If a majority of the Council votes with the District Councillor, then a new process for the zoning petition begins.  There will be a meeting between interested parties to see if any compromise is possible.  If none can be found, then the petition is scheduled for a new hearing at the next meeting of the Council.  

The hearing is conducted similar to that before the Hearing Examiner and the MDC.   The rules are:  The petitioner gets 15 minutes to state what they want and why.  Then those opposed (the remonstrators) get a combined 15 minutes to say why they are opposed.  Staff then speaks briefly about their recommendation and reasoning.  The Councillors can ask question at any convenient time.  The process circles back the petition, who gets 5 minutes rebuttal, followed by the remonstrators who get 5 minutes.  The District Councillor gets time to address his/her fellow Councillors.  The Council then votes electronically.  15 Councillors must vote to overturn the MDC decision in order for the petition to be denied.  If fewer than 15 Councillors so vote, then the petition is approved.

Variance Petition Process

You May Not Contact The Hearing Examiner, Members of a Board of Zoning Appeals, or any of the Metropolitan Development Commissioners About a Pending Petition -- State law absolutely prohibits ANYONE from contacting the Hearing Examiner, a member of the BZA, or a member of the MDC about a pending petition.  Do not do it !!!!

You may contact the Current Planning Staff member who has been assigned to that petition.  They will make your comments part of the file which is available to the decision makers at the hearing.

The Process for a Variance Petition -- Filing and Notice  The petitioner submits the required documents to Current Planning, which is a section of the City's Department of Metropolitan Development.  Once all is in order, Staff creates the legal notice and a list of the names and addresses to which that notice must be mailed.  This list includes any property that is 2 parcels or 600 feet from the subject parcel (whichever is less) and all of the Registered Organizations that claim that parcel as part of their footprint.  The notice give a short description of the request and a lot of information about who you can contact for more information, including Current Planning and the Petitioner or their representative.  Importantly, it also gives the date of the Hearing to which this petition is initially assigned.

There are three Boards of Zoning Appeals, each with 5 members who are appointed volunteers who do not get paid.  Each BZA meets on its assigned Tuesday.

The Process for a Variance Petition -- Meetings and Hearing Schedules  In Indianapolis, the Petitioner is expected to meet with interested community organizations and to have conversations with those who contact them regarding the petition.  These are not rules, rather prized customs.  When the Decatur Township Civic Council finds out that a Variance Petition has been filed, we invited the petitioner and/or their representative to our next monthly Land Use Committee meeting.  Sometimes the dates for our Land Use meeting, our monthly members meeting (where we actually vote on a position on the petition) and the initially scheduled date for the Hearing downtown conflict and we file for an 'automatic continuance'.  The petitioner gets one automatic continuance and everyone else shares one automatic continuance.  If another continuance is desired, the person requesting it must ask for it at a Hearing and give the reasons for the request.  This is called a 'continuance for cause'.  It is at the discretion of the Board of Zoning Appeals whether or not to grant this type of continuance.  These accommodations do result in shifting dates for hearings. This frustrates those new to the process.

Hearings -- The BZA operates like the Hearing Examiner.  If the petition has no opposition, either from Current Planning Staff or community organizations or neighbors, then the petition is put on the 'expedited docket' where it receives a very brief hearing and the BZA approves it.  If there is opposition, a full hearing is conducted.  The rules are:  The petitioner gets 15 minutes to state what they want and why.  Then those opposed (the remonstrators) get a combined 15 minutes to say why they are opposed.  If a City-County Councillor wishes to speak for either side, they then get unlimited time to speak, but are expected to keep it reasonable.  Staff then speaks briefly about their recommendation and reasoning.  The Hearing Examiner can ask questions at any convenient time.  The process circles back the petitioner, who gets 5 minutes rebuttal, followed by the remonstrators who get 5 minutes.  The Councillor again has a chance to make a short comment.  The Hearing Examiner then announces her decision and reasoning. 

Under very specific circumstances the Administrator of Current Planning or the District Councillor may appeal the decision of the BZA to the MDC.  This is rare.  If appealed, the MDC would conduct the hearing as it would for a zoning petition (see above).  The decision of the MDC on a Variance petition is final and there is no ability of the District Councillor to call it before the City-County Council for a hearing.