Zoning Ordinance GENERAL ORDINANCE No. 114, 1922, us amended (exclusive of maps). AN ORDINANCH dividing the City uf Indianapolis fio districts tor the purpuse ot regulating and restrictii thy Tuctition ef trades, callings industmen wont cial enterprises and Lhe location of buildings designed tor specified saan oy Hlessizying, regulating aud determining Une area of (rout. tear and cide cade and other dpen spaces about buildings: of reaulating and deteronuing the nee ny intensity cf use of land and Jot_areas within suck citys creating a Fone of Zoning Appeais: defining certain terms used in Sal ordiauncer veoidiee penalty for its Violation and designating the me When the same shall take Whereas, the Common Couneil of the City of Indianapolis, Indiara, deems it necessary, in order to conserve the value of property in the city and fo the end that adequate light, air, convenience of access and safety from fire and other dangers may be secured, that congestion of the public strests may be lessered or avoided, and that the publie health, safety, comfort, convenience, morals and general welfare may otherwise be promoted in accordance with a well considered plan for the use and development of all property throughout the city, Now ‘Therefore, See. 1. Districts and Zone Map. Be It Ordained by the Common Council of the City of Indianapolis, Indiana; For the purpose of classifying, regulating and limiting the height, area und use of buildings hereafter to be erected and of regulating and determining the area of front, rear and side yards and other open spaees about buildings and of regulating and determining the use and inte-sity of use of land and fot areas and of classtying, vegulating and restricting the location of trades, callings, industries, commercial ecterprises and the location of buildings desgned for uses hevein specified, the City of Indianapolis, Indiana, is hereby divided into five classes of use districts, termed respectively class Ul er dwelling house districts, class U2 or apartment house districts, class U3 or business districts, class U4 or first Industrial districts and class U5 or second industrial districts; ard into four classes of height distriets, termed respectively class Hi, H2, H3 and H4; and into six classes of area districts, termed yespec- tively class A, A2, A2, Ad, AB, and AG; all as shown on the district or zone map, which accompanies this ordinance and is hereby declared 10 be part hereof. ‘The use, height, and area districts designated oa said zone map are hereby established, The map designations and the map designation vules which accompany said map are herchy declared ta be part thereof. No building ov premises shall be evected or used except in conformation with the regulations herein preseribed for the use, height ard area districts in which such buildicg or premises is located, See, 2. Classification of Uses, For the purpose of this ordinance the various uses of buildings and premises are divided into groups, classes and subdivisions as set forth in the following classification of uses: GROUP 1—RESIDENCE CAS! Glass UL uses: (Dwelling house) (1) Dwelling, (2) Chureb, hoo), Public library, Puibli¢ muscum, Community center huild ing. Private club, exeeptivg a elub the chief activity of which in a ervice customarily carried on as a business. Philanthropie ov eter. miosynars ae ef imstitaten other than a penal or correctional institt. sion, Hospital or sanitarium other than for the zane or feeblominded, Public park, Pubhe playground, Public recreation building. Water syp- ply . Well, tower or filter bed, Parlear vightofawas, net including rail. ry, Truck gardening (As amended by G. 0, 150-1923, December 3, 1928.)4 GROUP 2—BUSINESS AND INDUSTRIAL CLASSES Class UB uses: (Business) (1) Bank, Office, Telephone exchange, Wholesale sales office or sample room. Fire station. (2) Oiland gas filling Station, Auto tive and battery servive station. Garage or repair shop for motor vehicles. Ice delivery station. (As amend- ed G. ©, 32-1936; As Amended, G. 0. 22-1985.) (3) Retail trade or shop for custom work or the making of articles to be ‘sold at retail om the premises. Restaurant. Theatve. Moving pieture show. Any use not included in any other use, provided that sueh use js not noxious or offensive by: reason of the emission of odor, dust, Smoke, gas or noise. . (4) Billbcard or advertising sigmy.’ Hand laundry. Tailoring or pr establishment. Electric suhstati (5) Storage in buik, or warehouse. for, such materials as building material, contractor's eGuipment, cfothing, eotten, drugs, dry goods, lumber, 4 food, fuel furniture, Anrdwave, ice machinery, metals, oils and petroleums in quantities less than tank car lots paint and paint materials, pipe, ruplin shop supplies, sobneca er wool (6) Street car or interarhami bart. Motor bus passenger station. Class U4 uses: (First industvial) (1) Wholesale produce salestoom. Wholesale prodce market, (2) Manufacturing or industrial operation of wny kind, other thas a elites U3, Us or UB use, where not more than 8 H, P. is employed in the operation of any machire, provided such ue is not noxios or offersive by reason ef the emission of odor, dust, smoke, gas or noise, (3) Job printing. “Newspaper prnting. (4) Carpet cleaning. Steam laund'y.” Dry cleaning plant. (5) Cold storage plant. Creamery. Bottling works. Milk bottling or eentrul distributing station (6) Grain elevator, Black seine oF shop. Stable ov wagon shed for more than five horses or wagons. Veterinary hospital, (7) Stveet car repair shop. Freigh: tevminal. Raitroad yards, Foundry _— (8) Manufacturing or industrial operation of any kind other than a US, US or U6 use sr a use included in subdivision 2 above. (As amended by G. 0. 92, 128, December 27, 1928; G. 0. 22-1957, Class U5 uses: (Second indust vial) (1) Paper manufacture, Plaster manufactnze. (2) Ammonia, bleaching powder or other chemieal plants ex tting corrosive or toxic fumes carrying beyond the limits of the premises, other than uses included in class U6. Asphalt mamuaiaetare ov refining. Coal distillation, including manufeture or derivation of the by-products Coke ovend, Creosote mmtufacture or treatment. Gas manufneture from coal or petroleum or the storage thereof, Cazhon ov lamp black manufacture. Petroicum storage (in quantities greater than tank ear lots.) Tar distillation, (3) Central station light or power plant. () Boiler-making. Locomotive manviveture, Railway car manufacture. Railroad voundhouse ov shop. Reducing or refising aluminum, cop- per, tinor zine. Steel funace, bloomine oy rolling mill. Power forge. Structual iron ov pipe works. (5) Storage of live poultry or poultry killing cv dressing except for sale at retail on the premises, Soap manufacture. Snuff manufacture, Class U6 uses: (Prohibited) (1) Petroleum refining. (2) Cement, lime, gypsum oy plaster of Paris manufacture. sing5 (3) Cholorine ov hydrochloric, nitrig pierie or sulphuric acid manufacture. Smelting of copper, tin, zine or iron ore, (4) Explosives, manufacture or storage. (5) Stock yards. Slaughter house, Pat rerdering (6) Distillation of bones. Glue manufacture. Fertilizer manufacture. Hair manufacture, Offal or dead animals reuetion or dumping, Raw hides or skins storage, curing or tanning. GROUP 3—SPECIAL CLASSES Class UT uses: (Special permit) (1) Avaiation field. Amusement park. (@) Crematory. Cemetery. (3) Pest house, Petal or correctional institution, Sanitarium or asylum Yor the insane or feeble-minded, (4) Sewage disposal ov treatment plant. Refuse dump, Garbage disposal plant, (5) Open air automobile sales lots. (5) Sevap iron or jurk storage. Serap paper ar vag storage or bailing. Automobile ‘wrecking and/or second-hand automobile parts, and tire business, (Amerded G, O, 22-1987.) . Sec. 3. Dwelling House District. (a) In a class U1 ov dwelling house dis- tiet no building ov premises shall” be used, and no building shall. be, erected which is arranged, intended or designed io be’ used for other than a class U1 use. (b) Ina dvellirg house distriet no building shail be erected which is arranged, intended o¥ designed for a use enumerated in subdivision (2) of Class U1 uses, unless such builaing is located; (As amended by G. 0. 150-4928, Dee, 3, 1023.) (1) On a lot alheady devoted to a use enumerated in said sibdivision; (2) On a lot fronting on a portion of a stveet_ between two intersecting streets in which portion there exists a building of a kind enumevated in said sub- division; (3) "On @ lot immediately adjoining oy immediately opposite on the other side of the street from a business or industrial district; or (1) On a lot determiced by the Board of Zoning Appeals after public notice and hearing to by so located that such building will, in the judgement of the said Board, substantially serve the public convenience and welfare, and will not sub- stantially or permanently injure the appropriate use of neighboring prope:t Sec. 4. Apartment House District, (a) In a class U2 or apartment house district no building or premises shail be used, and no building shail be erected which is arranged, intended or designed to be used, for other than a class U1 or U2 use, (b) In an apartment house district no building shall be evected which is a ranged, intended or designed for a. use enumerated in subdivision (2) of Class UI uses, unless such building is located: (As amended by G. 0. 150-1923, December 3, 1928) (1) On a lot already devoted to 4 use enumerated in said subdivisio @) On a lot fronting ona portion of a street between two. intersecting veets in which portion there exists a building of a kind enumerated in said sub- division; (3) On s lot Smmediately adjoining or immediately opposite on the other side of the street from a business or industrial districts or (4) On a lot sletermiced by the Board of Zoning Appeals after publie notice and hearing to be so ioeated that such building will, in the judgment of said Board, substantially sexve the publie convenience and’ welfare and will not sub stantially or permantently injure the appropriate ure of neighboring property Sec. 5. sAecessory Uses in Residence Districts, An accessory use customarily ingident to a elass U1 or U2 use shall be permitted in, respectively, n class UL or U2 district. In a dwelling house district a private garage permitted as an accessory Use shall not provide storage for more than one motor vehicle for each 2,000 square fect of the lot area. In ar apartment house district'a private garage6 peymitted as an aczessory use shall not provide storage for more than one motor vehicle for each 500 square feet of the lot area, A billboard, signboard or advertising sign shall in no ease be permitted as an accessory use except that the placing of a “for sale” or “for rent” sign, shall, however, be permitted as an accessory use. A store, trade or business shall not be permitted as an accessory use except that the office of a physician, dentist or surgeon may be located in the dwelling or apartment used by such physician, dentist or surgeon, as his private residence, and exeept that any person carrying on a customary home occupation, may do go in a dwelling or apartment used by him as his private residence. In a dwelling or apartmect occupied as 2 private residence one or more rooms may be rented or table board furnished. A restaurant or pubiie dining room may be located in a hotel or apartment house as an accessory use. A news stand may be located in a railway passenger station as un accessory use. Sce. 6. Business Distriet. (a) Ina class U3 or business district no build- ing or premises shall be used, and no building shall be ereeted which is arranged, intended ox designed to be used for other than a Class Ul, U2 or U3 use. Pro- vided that in any portion of a business distriet that is within a class A6 area trict any building or premises may be erected or used for any use enumerated in subdivision (1), (2) or (3) of class Ud uses, (>) Ina class U3 or business district no building may be erected, or premises used, which is arranged, intended or designed for a use enumerated in subdivision (2) of class U8 uses, urless such building or uce is located; (1) Ona lot already devoted to a use enumerated in said subdivision (2) or @) On a tot determined by the Board of Zoning Appeals, after publie notice and hearing, to beso located that such building’ or use will, in the judgement of the Eoard, substantially serve the public welfare, con- Yenience and safety, and will not substantially or permanently injure the appropriate use of neighboring property. (c) An accessory use customarily incident to 2 class U3 use shall be per- mitted in a business district. A class UG use shall not be permitted as an access- ory use. © (As emended by G. O. No. #2, 1928, December 27, 1928.) Sce. 7, First Industrial District. (a) In a class U4 or first industrial dis trict no building or premises shall be used, and co building shall be erected which is arranged, intended or designed to be used, for other than a class U1, U2, US or Us use. (5) An aceessory use customarily incident to a class U4 use sha Ibe per- mitted in a first industrial district. A class Ué use shall not be permitted as an accessory use. Sec. 8 Second Industrial Distriet. (a) In a class US or second industrial district no building or premise: chall be used, and no building shall be erceted which is arranged, intended or designed to be used for other than @ class U1, U2, U3, U4 or US use; provided that the Beard of Zoning Appeals may, after public notice and hearing, permit the extersion of any use enumerated in subdivision (5) of class U6 uses, existing at the time of the passage ef this ordinance, if in thr judgement of said Board such extension will not substantially or permanently in- jure the appropriate use of neihboring property. (b} A class UG ase shall not be permitted as an ace industrial district. or nae in @ second See. 9. Prohibited and Special Permit Uses, A class U6 use may not be Jocated within the present limits of the City of Indianapolis. A class UT use may be located only on 5 ts ae provided in section 23, A class U7 use exist- ing in any use district at the time of the passage of this ordinance shall be deemed an authorized use upon the plot devoted 12 such ace at the time of the passage of this ordinance: Nonconformirg Usez, A nonconforming use existing at the time of ze of this ordinanc’ may ke omtinued. A nenconfermirs use shall pt as otherwise authorized by this ordinance; but the exten-7 sion of a use to any portion of a building whieh portion was, arranged or desigred for such nonconforming use at the time of the passage. af this ordinance, shall net be deemed the extension of a nonconformirg use. A building: arranged, «i signed or devoted to a nonconforming use at the time of the passage of this ordin- ance may not be reconstructed ot structally altered to an extent exceeding iz ag- gregate cost, during any ten-year period, 80 per cent of the assesed value of the building unless the use of said building is changed to a conforming uze. A non- corforming use if changed to a conforming use may not thereafter be changed ‘back to a nonconforming use. A nonconforming use shal not be changed unless changed to a higher use. For the purpose ‘of this ordinanee a use shall be deemed to be changed if changed from a use ingluded in a ibdivision or a use class to fuse not ireluded in such subdivision, For the purpose of this ordinance @ non conforming use shall be deemed to be changed to a. higher use if the use to which Such noneonforming use is changed is a use included in a subdivision of a class that in the wrangement of classes and subdivisions in the classification of uses preeeiied the subdivision in which such nonconforming use is ineluded. Sec, 11. Height Districts, (a) In a class H1 district no building shall be erected tou height in excess of 50 fect, providing that bck of the street or lot lives any povtion of a building may be erected to height in cxcess of 30 feet, pr vided such portion of such building is set back from all street and lot lines 1 foot for each 2 feet of such additional height and provided further that in a dwelling house or apartment house district such set back shall be from all required front, side and rear yard lines instead of from street and lot lines. (b) In a class H2 district no bu‘lding shall be erected to a height ia exeess of 80 feet, provided that back of the street or lot lines any portion of a building may be evected to a height in excess of 80 feet, provided such portion of such building is set back from all stvect and Ict [ines I foot for each 2 feet of such ad- Gitional height, and provided further that in a dwelling house or apartment house district such set back shall be from all required tront, side ard rear yard lines instead from street and lot Hines. (c)_ Ina class H3 district no building shall be evected to a height in excess ef 108 fect, provided that back of the street or lot lines any portion of a building Snay be evected to a height in exeess of 108 feet, provided such portion of such building is set baek from all street and lot lines 1 foot for cach 3 feet of such ad- Citisnal height, ard provided further that in a dwelling house ov apartment house district such setback shall be fom all required front, side and vear yard lines in- Stead of from street and lot lines. And provided further that if such building adjoins along its rear line an area within a class H4 district any portion of such balding orected back of the street, line, may be erected to a height of 150 fect, provided such fortion of such building is set back from the line of the siveet on hich such building fronts 7 foot for each 3 feet cf such height in excess of 108 eet. (a) _In a class Hé district no building shall be crected to a height in excess of 180 feet, provided that back of the street or lot lines any portion of a building may be erected to a height in excess of 180 feet, provided such portion of suck building is set back from all street and lot lines 1 foot for each 3 feet of such ad- ditional height. And provided that whe. a building fronts on a street 100 feet ot more in width, the height limit shal] be 200 feet instead of 180 fect as above pro Vided, In the case of a covner building such greater height may extend back not to exceed 200 feet along a neirower street. Sec. 12. Height District Exceptions. (a) ‘The provisions of the preceding section shall not apply to restrict the height of a church spire, flagpole, belfry clock tower, wireless tower, buacan tower, chimney, Water tk, elevator bulkheac or stage tower or scenery loft, (As amended by G, O. No. 10-1981, Feb. 6, 1831.. (b) The Boare of Zoning Appeals may, after publie nctice and hearing anc subject to such conditions and safeguards as the Board may prescribe to protec the appropriate use cf neighboring property, permit the erection of @ building 0 portion c! a building covering not more than’25 per cent of the area of the lot to height in excess ef the limits preseribed in the preceding section.8 (ec) The Board of Zoning Appeals may, after public notice and hearing, per- mit the erection of an addition to an existing building to the same height as such existing building where such addition is essential to the completion of the exist ing building as originally planned. (¢) The Board of Zoning Appeals may, after public notice and hearing, per- mit the extension of @ building ex:sting af the time of the passage of this ordine ance by the corstruction of additional stories above the height limit herein pra- vided that such building was actually designed and constructed to earry such ud. ditional stories, (ec) The Board of Zoning Appeals may, after publie notice and hearing, per- mit in a first or second industrial district ‘the ercetio: of a grain elevator, gas holder cr other industrial building to a height in excess of the limitations’ pre- scribed in the preceding section, provided that in the judgement of the said Board such additional height is essential to the normal operation of sich industry. Sec. 13, Area Distriets. (a) In a class Al district no buildicg shail be greeted or altered to necommedate cr make provision for move than one family for each 7,500 square feet of the area of the lot, Provided that one single family dwelling may be erected on any lot separately owned at the time of the passage of this ordinance cr en any numbered lot in a veeorded subdivision that was on record in the office of the County Recorder at.the time of the passage of this ordinance. | And provided that the Board of Zoning Appeals may permit the evec= Yon of a dwelling for two families on any éorner lot having and area of not less than 10,000 square feet. (As amended by G. 0. 20-1023, Feb, 19, 1923.) (>) | In a class A2 district no buildjhg shall be erected or altered to accom- mudate or make provision for more than one family for each 4,800 squave feet of the area of the lot. Provided that one single family dwelling may be eveczed on any lot separately owned at the time of the passage of this ordinance or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of the passage of this ordinance. Ard provided that the Board of Zoning Appeals may permit the erection of a dwelling for two families on any corner lot having an area of not less than 6,100 square feet. (As amended by G. 0, 10-1923, Feb: 19, 1923.) (c) Ina class A3 district no building shall be eveeted or altered to accam- modate or make provision for more than one family for each 2,100 square leet of the area of the lot if an interior lot, or for cach 2,000 square feet if a corner lot, Provided that one dwelling for two families may be evected on any lot separately owned at the time of the passage of this ordinance or on any numbered lot in & veecided subdivision that was on record in the office of the County Recorder at the time of the passage cf this ordinance. {a} In a class Ad district no building shall be evected or altered to uccom- naodate or make provision for more than one family for each 1,200 square feet of the area of the lot if an interior lot or for each 1,000 square feet if a comer lot (2) In a class AB district no building shall be erected or altered to aces modate or make provision for more than one family for each 600 square feet or the area of the lot if an interior lot or for each 500 square feet if a covner lot, (f)" In a class AG distriet there shall be no requirement as ty the number square feet of lot area per family. (z)_ In computing stch area of the lot for the purpose of this section any part of the area of any corner lot in excess of 7,500 square fect shall be eon. sidered an interior Iot. In a class Al, A2, A3 or Ad distriet in computing the area of a lot for the purpose of this section, if the depth of the lot is more than three times the width of such lot, a depth of only three times such width shail be used. (h) In a class Al, A2, AB or Ad district for each one foot that the width of the lot exceeds one-third of the depth of the lot, one per cent shall be deducted from the lot area required by this section, but not exceeding a. maximum of twenty per cent shall be so deducted. (i) In computing the avea of the lot for the purpose of this seetion the lot shall be deemed to extend to the center of any alley adjoining the vear line of sueh lot.9 Sec. M. Zone Map Designat shown on the zone map, the dhs be along existing street, sll ions. When definite distances in feet ave not riet boundaries on the zone map are intended to ‘ov property lives or extensions of the same and if the exact lecation of such live $s not clear it shall be determined by the Board of Zoning Appeals, due considcration being given to the location as indieated by the seale of the zone map. Where the streets ov alleys on the ground differ from the Sreets or Wess es shovm ur the zone map the Board ot Zoning Appeals may. Eyly the d.stric: designatiens on the map to the streets or alleys on the ground in sich mamer gs 10 conform to the intent anil purpose of this ordinance." Land ov premises w.chin a street, alley or other undesignated area on the zone map shall be governed by the regulations of the use, height aad area distriet adjeiring such land or premises and if wljoinsd by more than one class of use, beight or avea district cach portion of such land ov premises shall be governed by the regula- tions of the use, height and aren district nearest to such portion of land or premises. See, 15, Side Yards in Residence Districts. In a dwelling house district or an apartment honse district, for every building ereeted, there shall be a side yard along each lot Hine other than a street line ov a rear tine. Each dwelling and each apartment hovse shall be deemed a separate building and shall have side yards AS above prevelbed, except that in an agartment house district any number of Awellings nay be bails a3 a ecntinuous structure and be considered as a. single building for the purpose of this section, At least 20 per cent of the width of each interior lot shall be devated to side yards, provided not more than 16 feet reed be so devoted. ‘The least dimension of a side yard shall not be less than 4 fect, provided that in the case of an apartment house or in the ease of any build- ing more than two and_one-half sturies in height, such least dimension shall not he less than one-sixth of the height of the building. See, 16. Rear Yards in Residence Districts, Tn a dwelling house district or an apartment house divtrict every build’ng evected shall have a rear yard, In ivelling house distviet the jeast dimension of the rear yard shall be at least YS per cent of the depth cf the lot, but such least dimension need not be more then 20 feet. Ta an apartment houre district the Jeast dimension of the rear yaed shail ba yt loss duan cne-Balt the heisht of the building. Forty per eent if the area of the rear yerd may be ceeupled by a one-story accessory building wight, exeept that in the rear of a building housing net move than 13 feet ta Ue cr more families the distance between the building and the accessory build- ing he 28 feet on rior Int us 13 feet on a corner lot. And provided thet en a ccerer lot th Tne of which is identical with the side line of an interine det, ho suck aecessory building, i detached from the main building shall be ereetet ns ver tenn 20 lect to any street ling or nearer than 10 feet to any See. 17. le of rear x grace if higher tha A Rear Yard Exceptiol (a) The area requirement in a all bz open from the established grade, or from the natural the evtablished weade, to the sky, unobstructed except for the ordivary rrejections of window sills, belt courses, cornices and other orna- mental fexturea to thy extent of not move than 4 inches, except that within 3 feet of the street wall, a covitiee may project not over 3 feet into such yard, and pro vided that if the build'ng is not over two and one-half stories in height, the cor- nies or eaves may project rot move than 2 feet into sueh yard. theveof, shall each be euilty of a separate offense and upen conviction thereof skali be fined as herein provided. Any building erected, raised, yemodelled or con- verted, or land or premises used in violation of any’ provision of this ordinance, or of the requirements thereof, is hereby declared to be a common nuisance and. such common nuisance may be abated in such manzey as nuisances are now, or may hereafter be abated under existing law. All the provisions of this ordinance oy orders of the Board of Zoning Appeals, may be enforced by injunction or other proceeding according to law. (As amended by G, ©. 5, 1929, February 7, 1929.) Sec. 29. Definitions. Certain words in this ordinance are defined for the puy- pose hereof as follows: (a) Words used in the present tense include the future; the singular num- ber includes the plural end the plural the singular; the word “lot” includes the word “plet”; the word “building” includes the word “strueture.” (b) The ‘street line” is the dividing line between the street ard the lot. (c) The “established grade” is the elevation of the street curb as fixed by the City. (a) The “natural grade” is the elevation of the undisturbed natural surface of the ground adjoining the building. {e) The “height of a building” is the verticai distance measured at the center line of its prineipal front from the established gyade or from the ratural grade, if higher than the established grade, to the level point in the coping of flat roofs4 cor to the deck line of u mansard sof ov the mean keight of a kippeil woof, Where hho cvof beams exist ov there ave steuctures vwnolly or partly abgve the voo! the height shall be measured 20 thy levcl of she highest point ¢? the bela (2) A “seer” yard is on open ungeeupled space on the same Jot with's build- ing between the rgav lice of the bullding and the roar line of the lot “AG, Avctrovs"vesd Js oat open thoccupied space on, the same fot with a buifing between the vent line of the building und the front line of she loi. (hy A “eide” yard js an open noeenpled space on the same lot with x build: ing situated between the bufiding and the sie line of the lot and extending through from the street or ftom the trent yaid to the ream yurd or to the reer ine cf the Tot, “Any lot ne net w reat Tine G>'u front line shall be oeased 8 sade (The “least dimension” of @ yord is the least of the horizontal dimens ‘of such yard, “If wo. opposite Sides of a vacd are not jasuilel, such leest dime tension shail be decmod to be the mean distance beoweer Shem. (3) "A “lot is a paroel of kind oceupied by one building and the accesso buildings oy uses customarily incident to W, ikeluéinu such open spaces ay ave tec quired by this ordinance and such open spices as ae arvazeed end designated 4 Be used in connection with such building. (k) A “family” te any number of individuals livieg: and cooking together on the premiges as a vingte housckcening unit. Ht) "A “dwelling” 38 a building arranged, intendad or designed to be oeeupied by not more than two families living independently of cach othe: and deing thelr ot cooking upon the premises, (nm) “An “apavtment house” isa building arranged, intended or designed to be occupied by three or more tamilies living sndependently cf each other and. dos Ing their ower cooking upon ihe premises, et by theee or mote individuals ov groups of individuals Living independently. but "having a common heating system and a geneval dining reom (a) ‘A “nor-conferming use" 33 one that docs rot comply with the regula. tions of the use distriet sm which it ie situated. fof a heusing under Section 26 of this axdinanes means ewspayers of general circulation in the City of Indianapol atleast coven days previous to the time hxed for euch easing of a notice setting out In substance the propored amendments or changes to be nttde und stating that objections thexeta will be heatd and shat Information ¢2-cemning. such propored amendments or changes is on file sn the offce of the City Plan Commission for publle ‘examfation, In all sections. of said cidinance ther than Seetion 26 Npublie rotice” shall be taken to mean ope insection of notice of the Ume aad place of w hearing or piveceding printed in a new-paper of Reneral cinectation inthe City of Indianapolis at least seven days price to the came ied for S300 Hearing. (AS amexded by G. 0, 70-1925, Octeoes by 1935, (D)" An “neeescors” Use oF bpilding is a uee oF building eustomarily incident to and located o= the tame lot with anther use or baling See. 50, Invalidity of a Pert. The sectionssnbsections, distriets and front yard tines forming @ part of or establised oy this crdisange ng the eeverul parts, provisions and regulations the:eof, ave hereby declared to be ‘dependent seceions, Subsections, distracts, LNont yard fines, parte, provisions and vesulatiens, and Ue holding of ny such’ seetiom subsecto~ distyiet, front paral line, pave, provi con or tegblation theiert to be unconstitutional, veld or inntfeetive ov wny eauces tall not alfect nor rene: invalid and other such section, sub-cetion, distri front yard tig nest protian ot wegulation thee : cc. 3043. ANY Person, firm cr eoxpelation fling an gppeal from any ruling of the commissione of buildings ov any application fot 4 var-ance as herein pro. ‘ided for, shall frst pay’ to the Cixy Controlier 4 fling fee of Three Dollars nd Fifty Cents (83.50) for the purpose of paying the cost cf giving notice and any other expense incident to the hearing on said tntral or application, (AS amended by Genera! Ordinance No. 52) 1933.) See. 31. When Effective. | This oxdinanee sll go inta immedi fx pustogee and publication accordiny; fo lave Uiteetive, December 20, 1922) fe effect uporRules of Procedure Board of Zoning Appeals of the City of Indianapolis Adopted March 21, 1932 As Amended to December 1, 1938 ae Revised by V. B. McLEAY, Seevetary-Engineer City Plan Commission Indianapolis, Indiana4 Board of Zoning Appeals of the City of Indianapolis RULES OF PROCEDURE ARTICLE 1 PUBLIC HEARINGS ’ Regular sessions designated as public hearings of the Board of Zoning Appeals shall be held as determined by the Board on Monday at 3:30 p. 0, in the City Hall. Special sessiors may be called by the President, or by any two members upon written request to the Secretary-Engineer, who shall notify all members of such meeting by verbal or written notice, provided that the time for any regular or special session may be fixed at any duly called session of the Board. All hearing sessions shall be open to the public. A quorum of the Board of Zoning Appeals shall consist of six (6) or more members, The Board of Zoning Appeals shall keep minutes of its proceedings showing the vote of each member on every question, or if absent or failing to vote, indicating such fact, and it shall alse keep records of all other official actions, The concurring vote of five (5) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Commissioner of Buildings, or to decide in favor of the appellant any matter upon which it is required to pass under the Zoning Ordinance, or to effect any variation there- in, provided that when all members are present and voting, six (6) concurring votes shall be required. Such an appeal may be taken by any person age: greived or by an officer, department, board or bureau of the city. Such an appeal shall be taken within thirty (30) days after the date of the decision of the Commissioner of Buildings, ARTICLE IL CASES BEFORE THE BOARD Every appeal under the Zoning Ordinance shall be made to the Board on the forms specially provided, and shall include the data required in such forms, so as to supply all the information necessary for a clear understanding and intelligent action by the Board, Any communication purporting to be an appeal or petition shall be regarded as a mere notice of intention to seek relief and shall be of no force or effect until it is made in the form required. Upon receipt of any such communication, the writer shall be supplied with the proper forms for presenting his appeal or petition, and he shall be re- quived to file the proper form and furnish all necessary data within thirty days of the date of the order or decision appealed from. At the public hearing of a case before the Board, the appellant shail first pre- sent the facts and argument in support of the case and those in objection shall follow. To maintain orderly procedure, each side shall proceed without in- terruption by the other. Every person before the rostrum shall abide by the order and direction of the President. Discourtesy or disorderly or contempuous conduct shall be re- garded as a breach of the privileges of the Board and shall be dealt with as the President deems proper.17 ARTICLE UL THE DOCKET Hach case filed in the proper form, with the required data, shall be num- ered serially, and shall be placed on the docket. The docket numbers shall begin anew on January Ist of each year, and shall be hyphenated with the number of the year and the initial indicating the character of the case, So soon as the case receives a docket number it shall be placed on the docket of the Board, and on the date set for hearing such cases shall come before the Board in the regular order of their consecutive numbers. ARTICLE IV FINAL DISPOSITION OF CASES ‘The tiral disposition of any appeal before the Board of Zoning Appeals shall be in the form of an order either reversing or modifying the requirment, order, decision or determination appealed trom and granting the appeal, ot affirming the order and denying the appeal. The Board may dismiss an ap- peal dor lack of prosecution or for lack of jurisdietion. All decisions of the Board shall be by voll-call vote ef the members in their alphabetical oxéer, except that the presiding offieor shall vote last. AT! mem- bers present shall vote on every question unless excused from voting by a majority of the members present. No case may be withdrawn by the petitioner after the yoll-call vote has been ardered by the Presidert. No ease which has been withdrawn by the peti- tioner shall again be placed on the docket for consideration hy the Board within a period of thee months from the date of said withdrawal, exept upon the motion of a member adopted by the unanimous vote of all shembers present at a regular meeting thereof. ‘When the petitioner has Zailed to appear at two consecutive meetings to prose cute his appeal, said appeal may be dismissed for lack of prosecution. No appeal which has heen decided adversely against the petitioner shall again be placed on the dccket, for consideration by the Board within a pericd of six (G) months from the date of the decision previously rendered except upon the motion of a member adopted by the unanimous vote of all members pre- sent at a regular meeting thereof. ARTICLE V OFFICERS Arnually at the first regular meeting in February, the Board shall elect one of its members President and one of its members Vice-President. ‘The Pyest- dent shall preside at all meetings, and in his absence ov disability the Vice- President shall preside. The President, subject to these rules, shall decide all points of order or pro- gelure, unless otherwise divected by’ a majority of the Board in session at that time. ‘The Seeretary-Engineer of the City Plan Commission shall eerve as the Sec- vetary-Engineer of the Board of Zoning Appeals. Te shall be the custodian of the records and shall conduct all offeial correspondence. The Secreta: Engineer shell keep an accurate Minute Record of all preceedings of the Board whieh shall be presented to the Board at the succeeding moctira for approval, When so approved the Minute Record shall be signed by the Presi- dent and attested by the Secretary-Enginecr. ARTICLE VI EXPIRATION OF ORDER Any order or variance granted by the Board of Zoning Appeals shall expire: (a) Unless a building permit from the Commissioner of Buildings is obtained within ninety (90) days of the granting of said order or variance by the Board, or18 (>) Unless all construction of the structure or structures under said building permit is completed within one (1} yeur ot the date ot the granting of the order or variance by the Board. 2, The Board in its diseretion, upon proper showing in writing, may grant ex- tensions or renewals for periods not to exceed six (6) months. ARTICLE VII NOTICE 1. Im all cases where this Board may require personal notice to be given to in- terested parties, except as otherwise provided by law or ordinance, notice in the form prescribed by this Board shall be given by the Seeretary-Engineer by leaving or mailing said notiee to the vesidence, or last known address, of the interested party, on parties, at least five days before the date of hearing in such matter. The Secretary-Engineer shall file with the case a copy of such notice, together with the names and addvesses of the persons so notified. When notice is required under ordinance cr law to be given by publication in any newspaper, the Secretary-Engineer shall ewuse such notice tz be pub- lished in the form prescribed by this Beard, in a newspaper of geneval ¢ir- culation in the City of Indianapolis, and proof of publication must be made by an affidavit of the publisher attached to a copy of the notice taken from the paper in which it was published and filed with the Secretary-Engineer of the Board, Such effidavit must specify the City, the time len, and the paper in which the notice was published. All expense of publication and servies of notices shall be paid by the City. ARTICLE VHT GENERAL Inasmuch as the deliberations, opinions and findings of this Board, in all mat ters which may come before it for action, axe similar ro that of & court, and the minds of its severa! members should be unbiased aud ivee to act upon the evidence and arguments submitted at the hearing upon matters pending be- fore said Board. No member of this Board shall hold conversation with any person concerning the merits of any matter pending before it, at any time before final action thereon, except in open meeting of said Board and shall so advise any person attempting to engage him in such convergation, This rule shail not apply to any person eonnceted with this Bourd in any official capacity. ARTICLE IX 1. Amendments to these Rules of Procedure may be made by the Board of Zon- ing Appeals at any regular mecting upon the affirmative vote of six (6) miem- bers, The suspension of any rule of procedure may be ordered at any meet- ing by unamious vote of those present. ‘Adopted March 21, 1982, As amended to September 1, 1982,19 INDEX TO ZONING ORDINANCE ACCESSORY BUILDINGS Section Business as. 5 Distance from property line on corner lots... - 16 Distance from apartment house a = 16 In business districts In First Industrial Dis ce Oe 7 (b) In Second Industrial Districts a - 8) In. residential distriets ——- 5 Two Story buildings - - - 28 AMENDMENTS 6 AREA Double on corser lot Tneluding alley on year cee - On corner lot limited Pev family Private garage Ratio of width to depth Reduced on comer lots Reduetion allowed Unlimited BILLBOARDS, Not permitted as accessory use BOARD OF ZONING APPEALS Accepting plats a a4 Determining district houndavies rr Establish front yards a. Residence b. Business -— ant of use to conform with district - rant temporary permits Permit stories above ht. limit Permit any business ase Permit change of bound: Permit ce Permit excess height ——.- aby Permit extension of ronconforming uxes Permit n of second Industrial uses (ay Permit in excess of height limit (e) Pennit modification where adjoined by nonconforming use —- Permit publie utilities and UT uses — Permit two-story accessory buildings Permit two-way doubles on corner lots (bh Permit variarce due to hardship Ruling on ali appeals COMPLETION AND RESTORATION OF BUILDINGS a DISTRICT BOUNDARIES Changed—not exceeding 50 ft. 28 Determined by Board ot Appeals Ma DEFINITIONS. 20 ENFORCEMENT 2220 WRIGHT LIMITS, Section Additionn! stories vo existing building above hel 12 (ar ection of addition tn height of existing buildings 12 fe) xecptions cee oe - Rw Exevss height by Board of Appeals oe 32 (by Dulustrial buildings im excess of height limit 12 (ed Rutio of height to street width hy Set back for additional heisht i INTERPRETATION Relative to other hws or agseenents, INVALIDITY 30. NONCONFORMING USES Continuance of . Changed to conforming us Extersion and reconstruction of Temporary” permits for ao PENALTY, PLATS: Approval of | _- Front yards established by REAR HOUSES Kaxement required 2 USE Business 2 6 tay Business, in yesidential districts 23,8 Classification of - - 2 First industrial 28 (ar 7 ta Nonconformins: 10, BAS Prohibited $ Special, in UL districts 3 Special, in U2 distriets 3 0b) 4p 2 Second industrial 28 (ad YARD REQUIREMENTS Front, established by: plat : 2 Front, established nearer than existing property : 20 Frort, exception for proper improvement 20 Front, in busi districts - 19 Front, lots of variable depth | o. 7 - 1 Front projections not over 8% ft, high permitted in 18 Pront yards-—whete 50 per cent ‘is improved : 8 Front yards—where fees than 50 per cent is improved iB Not diminished : — oe 25 Rear yards, maximum and minimum 6 Rear yurds, percentage ocenpied w Side yards, maximum and minimum 15 Side ard rear, abutting alley 17 (ce) Side, projections permitted in 1 fa)