Transcription
City of Fort WayneZoning OrdinanceZoning OrdinanceEffective April 3rd, 2014Amended January 1st, 2015Amended January 1st, 2016Amended January 1st, 2018Amended April 22nd, 2019Amended October 10th, 2019
FORT WAYNE ZONING ORDINANCEChapter 153 – Planning and Development . 5Comprehensive Plan . 5§ 153.05Title and Adoption. 5§ 153.06Guidance and Consideration. 5§ 153.07Amendments . 5§ 153.08Copy on File . 7Transportation Plan . 9§ 153.31Title and Adoption. 9§ 153.32Guidance and Consideration. 9§ 153.33Copy on File . 9Chapter 157 – Zoning Ordinance . 1General Provisions . 1§ 157.101Title . 1§ 157.102Authority . 1§ 157.103Effective Date . 1§ 157.104Purpose . 1§ 157.105Jurisdiction . 2§ 157.106Annexation . 2§ 157.107Applicability . 5§ 157.108Compliance . 5§ 157.109Design Standards . 5§ 157.110Graphics, Headings, and Illustrations . 5§ 157.111Interpretation . 6§ 157.112Minimum Requirements . 6§ 157.113Overlay Districts. 6§ 157.114Relation to Plans . 6§ 157.115Relation to Other Laws and Regulations . 6§ 157.116Saving Provision. 7§ 157.117Severability . 7§ 157.118Similar Uses Permitted . 7§ 157.119State Statute Amendments . 7§ 157.120Subdividing Land . 7§ 157.121Transitional Provisions and Vested Rights. 9§ 157.122Zoning District Designation Conversions . 1110/10/20191
FORT WAYNE ZONING ORDINANCEZoning Districts . 13§ 157.201General Zoning District Provisions . 13§ 157.202Permitted Uses . 15§ 157.203AR Low Intensity Residential . 17§ 157.204Reserved . 24§ 157.205Reserved . 24§ 157.206R1 Single Family Residential . 25§ 157.207R2 Two Family Residential . 31§ 157.208R3 Multiple Family Residential . 37§ 157.209RP Planned Residential . 45§ 157.210MHS Manufactured Home Subdivision . 53§ 157.211MHP Manufactured Home Park . 59§ 157.212C1 Professional Office and Personal Services . 63§ 157.213C2 Limited Commercial . 69§ 157.214NC Neighborhood Center . 77§ 157.215SC Shopping Center . 85§ 157.216C3 General Commercial . 93§ 157.217C4 Intensive Commercial . 101§ 157.218DC Downtown Core . 109§ 157.219DE Downtown Edge . 117§ 157.220UC Urban Corridor . 127§ 157.221BTI Business, Technology, and Industrial Park . 135§ 157.222I1 Limited Industrial . 141§ 157.223I2 General Industrial . 147§ 157.224I3 Intensive Industrial . 155Development Processes and Standards . 161§ 157.301Development Plans . 161§ 157.302Site Plan Review . 169§ 157.303Subdivision Control . 17310/10/20192
FORT WAYNE ZONING ORDINANCEAdditional General Standards. 185§ 157.401Purpose . 185§ 157.402Accessory Structures and Uses . 187§ 157.403Temporary Buildings, Structures and Uses . 193§ 157.404Development Design Standards . 195§ 157.405Development Standards Waivers and Exceptions . 215§ 157.406Home Occupations . 217§ 157.407Parking. 219§ 157.408Landscape Standards . 225§ 157.409Signs . 239§ 157.410Reserved . 259§ 157.411Airport Overlay Districts . 261§ 157.412Floodplain . 273§ 157.413Historic Preservation . 299§ 157.414Sexually Oriented Business Location Standards . 301Administration . 305§ 157.501Purpose . 305§ 157.502Planning and Zoning Bodies . 305§ 157.503Procedures . 309§ 157.504Nonconforming Situations. 333§ 157.505Enforcement . 339§ 157.506Definitions . 34510/10/20193
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FORT WAYNE ZONING ORDINANCEChapter 153 – PLANNING AND DEVELOPMENTCOMPREHENSIVE PLAN§ 153.05TITLE AND ADOPTIONThe Comprehensive Plan for the City of Fort Wayne shall be formally known as "The ComprehensivePlan for the City of Fort Wayne and Allen County" (Plan-It Allen); it may also be cited and referred toas the “Fort Wayne Comprehensive Plan” or the “Comprehensive Plan”. The Comprehensive Plan,containing goals, objectives, strategies, guiding principles, maps, figures, and charts for CommunityFacilities, Community Identity and Appearance, Economic Development, Environmental Stewardship,Housing and Neighborhoods, Land Use, Transportation, and Utilities, was adopted by the Fort WayneCommon Council on March 27, 2007, and approved by the Mayor on March 28, 2007.§ 153.06GUIDANCE AND CONSIDERATIONThe Common Council of the City of Fort Wayne and each governmental entity within the planningjurisdiction of the Fort Wayne Plan Commission shall be guided by and give consideration to thegeneral policy and pattern of development set out in the Comprehensive Plan and to other land usepolicies adopted in this subchapter, including the:(A)Authorization, acceptance, or construction of water mains, sewers, connections, facilities, orutilities;(B)Authorization, construction, development, alteration, or abandonment of public ways, publicplaces, public lands, public buildings and structures, or public utilities;(C)Objectives and policies for future land use development; and(D)Adoption, amendment, or repeal of zoning ordinances, (including zoning maps), subdivisioncontrol ordinances, historic preservation ordinances, and other land use ordinances.§ 153.07AMENDMENTSAmendments to the Comprehensive Plan shall be prepared and approved according to the procedures setforth in IC 36-7-4-500 (the 500 series – Comprehensive Plan). The following plans and policies havepreviously been adopted as amendments to the Comprehensive Plan:(A)Bike Fort Wayne Plan. The Comprehensive Plan (Plan-It Allen) is amended by Resolution No. R20-10 by adding the goals and policies of “Bike Fort Wayne: A Plan to Enhance TransportationOptions” as set forth in that plan.(B)Downtown Action Plan. The Comprehensive Plan for the City is amended by adding the"Downtown Fort Wayne Action Plan”.(C)Front Door Fort Wayne Plan. The Comprehensive Plan (Plan-It Allen) is amended by adding thegoals and objectives of the "Front Door Fort Wayne Plan" as set forth in that plan.(D)Frontage Road Amendment. The Comprehensive Plan for the City, adopted May 11, 1982, isamended by adding the Frontage Road Amendment, dated September 26, 1988, which isincorporated by reference and made a part of this section.(E)City of Fort Wayne Housing Strategy Goals. The Comprehensive Plan for the City is amended byadding the goals of the City of Fort Wayne Housing Strategy, as set forth below:(1)Reintroduce planning as a central basis for activity at all scales within the City and County;Chapter 153 – Planning and DevelopmentComprehensive Plan10/10/20195§ 153.05Title and Adoption
FORT WAYNE ZONING ORDINANCE(2)Improve the image and marketability of all of the City’s neighborhoods;(3)Create a transparent coordinated process for City program and service delivery;(4)Enhance the lending and financing environment;(5)Foster a proactive development environment;(6)Adopt value-added property management approaches;(7)Support and expand C.D.C. capacity; and(8)Facilitate more housing choice for low-income families.(F)Southwest Sector Amendment. The Comprehensive Plan of the City dated May 11, 1982, isamended by adding the Southwest Sector Amendment, April 21, 1986, which is herebyincorporated by reference and made a part of this section and shall be in full force and effect fromand after its passage and approval by the Mayor and due publication.(G)Walk Fort Wayne Plan. The Comprehensive Plan (Plan-It Allen) is amended by adding the goalsand policies of the “Walk Fort Wayne Plan” as set forth in that plan.(H)Area, Sub-Area, and Neighborhood Plans(1)Around the Square Sub-Area Plan. The Comprehensive Plan (Plan-it Allen) is amended byadding the Strategic Development Map and goals and policies of the "Around the SquareSub-Area Plan" as set forth in that plan.(2)Bloomingdale/Spy Run Neighborhood Plan. The Comprehensive Plan for the City isamended by adding the goals and policies of the "Bloomingdale/Spy Run NeighborhoodPlan" as set forth in that plan.(3)East Park Planning Alliance (EPPA) East Central Neighborhood Plan. The ComprehensivePlan for the City is amended by adding the goals and policies of the "East Park PlanningAlliance (EPPA) East Central Neighborhood Plan" as set forth in that plan.(4)Memorial Park Community Development Area Plan. The Comprehensive Plan (Plan-itAllen) is amended by adding the goals and policies of the "Memorial Park NeighborhoodPlan" as set forth in that plan.(5)Nebraska Neighborhood Community Development Plan. The Comprehensive Plan (Plan-ItAllen) is amended by Resolution No. R-9-10 by adding the goals and policies of the"Nebraska Neighborhood Development Area Plan", as set forth in that plan.(6)Northside Neighborhood Community Development Area Plan (CDAP). The ComprehensivePlan for the City is amended by adding the goals and policies of the "NorthsideNeighborhood Plan", as set forth in that plan.(7)Packard Area Planning Alliance (PAPA) Plan. The Comprehensive Plan for the City isamended by adding the goals and policies of the “Packard Area Planning Alliance (PAPA)Plan” as set forth in that plan.(8)Southeast Area Development Strategy. The Comprehensive Plan is amended by adding theStrategic Development Map and Land Use Policies of the "Southeast Area DevelopmentStrategy" as set forth in that strategy.(9)West Central Plan. The Comprehensive Plan for the City is amended by adding the goalsand policies of the "West Central Plan" as set forth in that plan.Chapter 153 – Planning and DevelopmentComprehensive Plan10/10/20196§ 153.07Amendments
FORT WAYNE ZONING ORDINANCE§ 153.08COPY ON FILEA copy of the approved Comprehensive Plan, including all maps and amendments, shall be placed andkept on file in the office of the Allen County Recorder. A copy of the approved Plan shall also be placedand kept on file in the office of the Department of Planning Services and the Division of CommunityDevelopment and shall be available for public examination during the regular business hours of saidoffices.Chapter 153 – Planning and DevelopmentComprehensive Plan10/10/20197§ 153.08Copy on File
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FORT WAYNE ZONING ORDINANCETRANSPORTATION PLAN§ 153.31TITLE AND ADOPTIONA Transportation Plan, prepared by the Northeastern Indiana Regional Coordinating Council and adoptedby the Fort Wayne Common Council, shall be considered the Transportation Plan for the City of FortWayne. It may be cited and referred to as the “Transportation Plan”.§ 153.32GUIDANCE AND CONSIDERATIONThe Fort Wayne Common Council and other governmental entities within the jurisdiction of the FortWayne Plan Commission shall pay reasonable regard to the general policies, objectives, and proposedhighway, transit, and pedestrian/bicycle systems improvement projects set forth in the Transportation Planas part of the review and approval of proposed projects; the authorization, construction, development,and improvement of public streets and roadways; the abandonment of public ways; and other mattersrelevant to the Transportation Plan.§ 153.33COPY ON FILEA copy of the approved Transportation Plan shall be kept on file in the office of the City Clerk. A copy ofthe Transportation Plan shall also be placed and kept on file in the office of the Department of PlanningServices and in the office of the Northeastern Indiana Regional Coordinating Council (NIRCC). TheTransportation Plan shall be available for public examination during the regular business hours of saidoffices.Chapter 153 – Planning and DevelopmentTransportation Plan10/10/20199§ 153.31Title and Adoption
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FORT WAYNE ZONING ORDINANCEChapter 157 – ZONING ORDINANCEGENERAL PROVISIONS§ 157.101TITLEThis ordinance shall be formally known as the “Fort Wayne Zoning Ordinance”; the Fort Wayne ZoningOrdinance may also be cited and referred to as the “Zoning Ordinance” or “ordinance”.§ 157.102AUTHORITYThis ordinance is adopted by the City of Fort Wayne pursuant to its authority under the laws of the Stateof Indiana, including the 600 Series of Indiana Code (IC 36-7-4-600).§ 157.103EFFECTIVE DATEThis ordinance and any subsequent amendments shall be in full force and effect as of the designatedeffective date noted in the ordinance adopted by the Fort Wayne Common Council; if there is nodesignated effective date, the ordinance shall be in effect as of the date of the Mayor’s approval.§ 157.104PURPOSEThe purpose of this ordinance is to promote carefully planned, orderly growth and development and theefficient use of land resources within the City and the City’s planning jurisdiction, and to carry out theland use objectives and strategies of the Comprehensive Plan, and in doing so to:(A)Carry out the purposes of IC 36-7-4-201(b) and the IC 36-7-4-600 Series, including, but not limitedto the following:(1)Promote the health, safety, convenience, and welfare of the citizens of the community;(2)Secure adequate light, air, and convenience of access;(3)Provide safety from fire, flood, and other danger;(4)Reduce or avoid congestion and provide for the safe and efficient movement of vehicles andpedestrians along public ways;(5)Encourage that the growth of the community is commensurate with and promotive of theefficient and economical use of public funds;(6)Set forth the uses permitted in the City’s residential, commercial, and industrial districts;and establish other permitted and prohibited land uses;(7)Establish uses that the Board of Zoning Appeals may permit as contingent uses and specialuses, along with the zoning districts where special uses will be allowed;(8)Regulate both the use and the intensity of use of land for commercial, community, industrial,institutional, residential, and other purposes and activities;(9)Establish minimum standards for lot areas and sizes, yard requirements, and residentialbuilding sizes;(10) Establish maximum building and structure heights;(11) Establish standards for accessory construction such as fences, garages, sheds, swimmingpools, and similar buildings, structures and uses; and(12) Provide consistent subdivision control provisions, standards, and policies.Chapter 157 – Zoning OrdinanceGeneral Provisions10/10/20191§ 157.101Title
FORT WAYNE ZONING ORDINANCE(B)Provide for the enforcement of this ordinance, including recourse for violations and othernoncompliance with these provisions; and(C)Define terms used in this chapter.§ 157.105JURISDICTIONThis ordinance shall apply to all land within the planning jurisdiction of the City of Fort Wayne. A mapshowing the boundaries of the City’s planning jurisdiction shall be available for public inspection in theoffice of the Department of Planning Services. This ordinance does not revoke any previously-grantedextra-territorial planning jurisdiction. Any requests for Fort Wayne to exercise jurisdiction over any partof the unincorporated area beyond the Fort Wayne corporate limits shall be prepared and considered as setforth in IC 36-7-4-205(e). DPS staff shall maintain a map showing all areas of extra-territorialjurisdiction.§ 157.106ANNEXATIONUpon annexation, the Allen County zoning districts shall automatically be converted from the existingAllen County zoning classification into the corresponding Fort Wayne zoning district based on districtconversions in §157.201(E). Uses that were permitted in the Allen County zoning district at the time ofannexation, but are not permitted in the new Fort Wayne zoning district upon the effective date of theannexation, shall be considered nonconforming uses.(A)Board of Zoning Appeals and Hearing Officer(1)Previous ApprovalsAny application previously approved by the Allen County Board of Zoning Appeals priorto the effective date of annexation shall remain valid and in full force and effect so long asthe approval is not changed, amended, revoked, terminated, or lapsed.(2)Renewals or Status ReportsAny application previously approved by the Allen County Board of Zoning Appeals priorto the effective date of the annexation that is subject to renewal or a status report may havethe renewal or the status reviewed by action of the Fort Wayne Board of Zoning Appealsafter the effective date of annexation. The renewal or the status report shall be based on thecriteria used for the original approval, so long as no changes or amendments are proposed forthe previous approval.(3)Proposed Changes or Amendments to Previous ApprovalsAny application to change or amend a previous approval by the Allen County Board ofZoning Appeals shall be governed by the criteria in effect at the time of the original approvalfor a period of two (2) years following the effective date of annexation. If an approval isproposed to be changed or amended after two (2) years from the effective date of annexation,then the change or amendment shall be governed by the criteria in effect at the time thecomplete application for the change or amendment is filed.Chapter 157 – Zoning OrdinanceGeneral Provisions10/10/20192§ 157.105Jurisdiction
FORT WAYNE ZONING ORDINANCE(B)Plan Commission Approvals(1)(2)Vested Development Plans and Vested Plats(a)For purposes of this Section 157.106(B), the term “vested Development Plan” shallmean a Development Plan where a Certificate of Compliance has been issued forconstruction that has been authorized by an Improvement Location Permit issuedunder the Allen County Plan Commission’s Development Plan approval prior to theeffective date of annexation.(b)For purposes of this Section 157.106(B), the term “vested plat” shall mean asubdivision plat where at least one section of the approved primary plat also has anapproved secondary plat that has been recorded with the Allen County Recorder’sOffice prior to the effective date of annexation.Sunset Provisions for Vested Development PlansFor vested Development Plans approved by the Allen County Plan Commission prior to theeffective date of annexation, the applicant can elect to have the remainder of the constructionwithin the Development Plan governed by the Development Plan’s conditions of approvaland the provisions of the Allen County Zoning Ordinance for two (2) years following theeffective date of annexation. After this 2-year period, the Development Plan approval shallexpire, and all construction within the Development Plan shall comply with the provisions ofthe Fort Wayne Zoning Ordinance.(3)Sunset Provisions for Non-Vested Development PlansFor Development Plans approved by the Allen County Plan Commission that are not vestedprior to the effective date of annexation, the applicant can elect to have the constructionwithin the Development Plan governed by the Development Plan’s conditions of approvaland the provisions of the Allen County Zoning Ordinance for one (1) year following theeffective date of annexation. After this 1-year period, the Development Plan approval shallexpire and all construction within the Development Plan shall comply with the provisions ofthe Fort Wayne Zoning Ordinance.(4)Sunset Provisions for Vested PlatsFor vested plats approved by the Allen County Plan Commission prior to the effective dateof annexation, the applicant can elect to have the remainder of the subdivision developed inaccordance with the primary plat’s conditions of approval and the provisions of the AllenCounty Zoning Ordinance for two (2) years following the effective date of annexation. Afterthis 2-year period, the primary plat approval for the remainder of the subdivision shall expire,and the applicant shall be required to apply for and receive primary and secondary platapproval for the remainder of the subdivision in accordance with the provisions of the FortWayne Zoning Ordinance.(5)Sunset Provisions for Non-Vested PlatsFor plats approved by the Allen County Plan Commission that are not vested prior to theeffective date of annexation, the applicant can elect to have the subdivision developed inaccordance with the primary plat’s conditions of approval and the provisions of the AllenCounty Zoning Ordinance for one (1) year following the effective date of annexation. Afterthis 1-year period, the primary plat approval for the remainder of the subdivision shall expire,and the applicant shall be required to apply for and receive primary and secondary platapproval for the remainder of the subdivision in accordance with the provisions of the FortWayne Zoning Ordinance.Chapter 157 – Zoning OrdinanceGeneral Provisions10/10/20193§ 157.106Annexation
FORT WAYNE ZONING ORDINANCE(6)Changes or Amendments to County Development Plan or Plat ApprovalsAfter the effective date of annexation, no substantial changes or amendments can be madeto any Development Plan or primary plat previously approved by the Allen County PlanCommission. If an applicant wishes to substantially change or modify the Allen CountyDevelopment Plan or primary plat approval, the applicant shall apply for a newDevelopment Plan or primary plat approval under the Fort Wayne Zoning Ordinance.(7)No Extensions of County Development Plan or Plat ApprovalsThe Fort Wayne Plan Commission shall not grant any extension of any approval for aDevelopment Plan or primary plat previously approved by the Allen County PlanCommission.(C)Improvement Location PermitsFor Improvement Location Permits issued by DPS staff prior to the effective date of annexation,the construction authorized by the permit shall be governed by the provisions of the Allen CountyZoning Ordinance for the time that the permit remains valid. After a permit is no longer valid, allsubsequent construction shall require a new Fort Wayne Improvement Location Permit, and shallcomply with the provisions of the Fort Wayne Zoning Ordinance.(D)Zoning ViolationsAny violation of the Allen County Zoning Ordinance prior to the effective date of annexation shallnot be a nonconforming use after the effective date of annexation if the use or structure alsoviolates the provisions of the Fort Wayne Zoning Ordinance. The violation shall be subject to thepenalties and enforcement pursuant to §157.505 (Enforcement).(E)Nonconforming UsesAny noncon
(A) Bike Fort Wayne Plan. The Comprehensive Plan (Plan-It Allen) is amended by Resolution No. R-20-10 by adding the goals and policies of "Bike Fort Wayne: A Plan to Enhance Transportation Options" as set forth in that plan. (B) Downtown Action Plan. The Comprehensive Plan for the City is amended by adding the "Downtown Fort Wayne Action .
