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Allen CountyZoning OrdinanceZoning OrdinanceEffective April 3rd, 2014Amended January 1st, 2015Amended January 1st, 2016Amended January 1st, 2018Amended April 22nd, 2019Amended September 6th, 2019
ALLEN COUNTY ZONING ORDINANCETitle 2 – General Planning . 5Article 3 – Comprehensive Plan. 5Chapter 1Title and Adoption. 5Chapter 2Guidance and Consideration. 5Chapter 3Amendments . 5Chapter 4Copy on File . 5Article 4 – Transportation Plan . 7Chapter 1Title and Adoption. 7Chapter 2Guidance and Consideration. 7Chapter 3Copy on File . 7Title 3 – Zoning Ordinance . 1Article 1 – General Provisions . 1Chapter 1Title . 1Chapter 2Authority . 1Chapter 3Effective Date . 1Chapter 4Purpose . 1Chapter 5Jurisdiction . 2Chapter 6Reserved . 2Chapter 7Applicability . 2Chapter 8Compliance. 2Chapter 9Reserved . 2Chapter 10 Graphics, Headings, and Illustrations . 3Chapter 11 Interpretation . 3Chapter 12 Minimum Requirements . 3Chapter 13 Overlay Districts. 3Chapter 14 Relation to Plans . 3Chapter 15 Relation to Other Laws and Regulations . 3Chapter 16 Saving Provision. 4Chapter 17 Severability. 4Chapter 18 Similar Uses Permitted . 4Chapter 19 State Statute Amendments. 4Chapter 20 Subdividing Land . 4Chapter 21 Transitional Provisions and Vested Rights. 5Chapter 22 Zoning District Designation Conversions . 89/6/20191
ALLEN COUNTY ZONING ORDINANCEArticle 2 – Zoning Districts . 9Chapter 1General Zoning District Provisions . 9Chapter 2Permitted Uses. 11Chapter 3A1 Agricultural. 13Chapter 4A3 Estates . 21Chapter 5Reserved . 28Chapter 6R1 Single Family Residential . 29Chapter 7R2 Two Family Residential . 35Chapter 8R3 Multiple Family Residential . 41Chapter 9Reserved . 48Chapter 10 MHS Manufactured Home Subdivision . 49Chapter 11 MHP Manufactured Home Park . 55Chapter 12 C1 Professional Office and Personal Services . 59Chapter 13 C2 Limited Commercial . 65Chapter 14 NC Neighborhood Center . 73Chapter 15 SC Shopping Center . 81Chapter 16 C3 General Commercial . 89Chapter 17 C4 Intensive Commercial . 97Chapter 18 Reserved . 104Chapter 19 Reserved . 104Chapter 20 Reserved . 104Chapter 21 BTI Business, Technology, and Industrial Park . 105Chapter 22 I1 Limited Industrial . 111Chapter 23 I2 General Industrial . 117Chapter 24 I3 Intensive Industrial . 125Article 3 – Development Processes and Standards . 131Chapter 1Development Plans . 131Chapter 2Site Plan Review . 139Chapter 3Subdivision Control . 1439/6/20192
ALLEN COUNTY ZONING ORDINANCEArticle 4 – Additional General Standards . 157Chapter 1Purpose . 157Chapter 2Accessory Structures and Uses. 159Chapter 3Temporary Buildings, Structures and Uses . 165Chapter 4Development Design Standards . 167Chapter 5Development Standards Waivers and Exceptions . 179Chapter 6Home Occupations . 181Chapter 7Parking. 183Chapter 8Landscape Standards . 189Chapter 9Signs . 203Chapter 10 Roadway Easements . 223Chapter 11 Airport Overlay Districts . 225Chapter 12 Floodplain. 237Chapter 13 Sexually Oriented Businesses. 265Article 5 – Administration. 269Chapter 1Purpose . 269Chapter 2Planning and Zoning Bodies . 269Chapter 3Procedures . 273Chapter 4Nonconforming Situations. 297Chapter 5Enforcement . 301Chapter 6Definitions . 3079/6/20193
ALLEN COUNTY ZONING ORDINANCE[this page intentionally left blank]9/6/20194
ALLEN COUNTY ZONING ORDINANCETITLE 2 – GENERAL PLANNINGARTICLE 3 – COMPREHENSIVE PLANChapter 1Title and Adoption2-3-1-1The Comprehensive Plan for Allen County shall be formally known as "The ComprehensivePlan for the City of Fort Wayne and Allen County" (Plan-It Allen); it may also be cited andreferred to as the “Comprehensive Plan”. The Comprehensive Plan, containing goals,objectives, strategies, guiding principles, maps, figures, and charts for Community Facilities,Community Identity and Appearance, Economic Development, Environmental Stewardship,Housing and Neighborhoods, Land Use, Transportation, and Utilities, was adopted by theBoard of Commissioners of the County of Allen on March 30, 2007.Chapter 2Guidance and Consideration2-3-2-1Each governmental entity within the planning jurisdiction of the Allen County PlanCommission shall be guided by and give consideration to the general policy and pattern ofdevelopment set out in the Comprehensive Plan and to other land use policies adopted in thisarticle, including the:(a)Authorization, acceptance, or construction of water mains, sewers, connections, facilities,or utilities;(b)Authorization, construction, development, alteration, or abandonment of public ways,public places, 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),subdivision control ordinances, historic preservation ordinances, and other land useordinances.Chapter 3Amendments2-3-3-1Amendments to the Comprehensive Plan shall be prepared and approved according to theprocedures set forth in IC 36-7-4-500 (the 500 series – Comprehensive Plan).Chapter 4Copy on File2-3-4-1A copy of the approved Comprehensive Plan, including all maps and amendments, shall beplaced and kept on file in the office of the Allen County Recorder. A copy of the approvedPlan shall also be placed and kept on file in the office of the Department of Planning Servicesand shall be available for public examination during the regular business hours of said offices.Title 2 – General PlanningArticle 3 – Comprehensive Plan9/6/20195Chapter 1Title and Adoption
ALLEN COUNTY ZONING ORDINANCE[this page intentionally left blank]Title 2 – General PlanningArticle 3 – Comprehensive Plan9/6/20196Chapter 4Copy on File
ALLEN COUNTY ZONING ORDINANCEARTICLE 4 – TRANSPORTATION PLANChapter 1Title and Adoption2-4-1-1A Transportation Plan, prepared by the Northeastern Indiana Regional Coordinating Counciland adopted by the Board of Commissioners of the County of Allen, shall be considered theTransportation Plan for Allen County. It may be cited and referred to as the “TransportationPlan”.Chapter 2Guidance and Consideration2-4-2-1The Board of Commissioners and other governmental entities within the jurisdiction of theAllen County Plan Commission shall pay reasonable regard to the general policies, objectives,and proposed highway, transit, and pedestrian/bicycle systems improvement projects set forth inthe Transportation Plan as part of the review and approval of proposed projects; theauthorization, construction, development, and improvement of public streets and roadways;the abandonment of public ways; and other matters relevant to the Transportation Plan.Chapter 3Copy on File2-4-3-1A copy of the Transportation Plan shall be kept on file in the office of the Board ofCommissioners. A copy of the approved Transportation Plan shall also be kept on file in theoffices of the Department of Planning Services and the Northeastern Indiana RegionalCoordinating Council (NIRCC), and shall be available for public examination during the regularbusiness hours of said offices.Title 2 – General PlanningArticle 4 – Transportation Plan9/6/20197Chapter 1Title and Adoption
ALLEN COUNTY ZONING ORDINANCE[this page intentionally left blank]Title 2 – General PlanningArticle 4 – Transportation Plan9/6/20198Chapter 3Copy on File
ALLEN COUNTY ZONING ORDINANCETITLE 3 – ZONING ORDINANCEARTICLE 1 – GENERAL PROVISIONSChapter 1Title3-1-1-1This ordinance shall be formally known as the “Allen County Zoning Ordinance”; the AllenCounty Zoning Ordinance may also be cited and referred to as the “Zoning Ordinance” or“ordinance”. This ordinance is codified as Title 3 to the Allen County Code. Citations to thisordinance shall be by Title, Article, Chapter and Section of the Allen County Code; forexample, A.C.C. 3-1-1-1.Chapter 2Authority3-1-2-1This ordinance is adopted by the Board of Commissioners of the County of Allen pursuant toits authority under the laws of the State of Indiana, including the 600 Series of Indiana Code (IC36-7-4-600).Chapter 3Effective Date3-1-3-1This ordinance and any subsequent amendments shall be in full force and effect as of thedesignated effective date noted in the ordinance adopted by the Board of Commissioners; ifthere is no designated effective date, the ordinance shall be in effect as of the date of theCommissioners approval.Chapter 4Purpose3-1-4-1The purpose of this ordinance is to promote carefully planned, orderly growth and developmentand the efficient use of land resources within the County’s planning jurisdiction, and to carryout the land 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, butnot limited to the following:(1)Promote the health, safety, convenience, and welfare of the citizens of thecommunity;(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 ofvehicles and pedestrians along public ways;(5)Encourage that the growth of the community is commensurate with and promotiveof the efficient and economical use of public funds;(6)Set forth the uses permitted in the County’s residential, commercial, and industrialdistricts; and establish other permitted and prohibited land uses;(7)Establish uses that the Board of Zoning Appeals may permit as contingent usesand special uses, along with the zoning districts where special uses will beallowed;(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, andresidential building sizes;Title 3 – Zoning OrdinanceArticle 1 – General Provisions9/6/20191Chapter 1Title
ALLEN COUNTY ZONING ORDINANCE(10) Establish maximum building and structure heights;(11) Establish standards for accessory construction such as fences, garages, sheds,swimming pools, and similar buildings, structures and uses; and(12) Provide consistent subdivision control provisions, standards, and policies;(b)Provide for the enforcement of this ordinance, including recourse for violations and othernoncompliance with these provisions; and(c)Define terms used in this title.Chapter 5Jurisdiction3-1-5-1This ordinance shall apply to all land within the planning jurisdiction of the County. A mapshowing the boundaries of the County’s planning jurisdiction shall be available for publicinspection in the office of the Department of Planning Services. This ordinance does notrevoke any previously-granted extra-territorial planning jurisdiction. Any requests for a city ortown to exercise jurisdiction over any part of the unincorporated area beyond the city or town’scorporate limits shall be prepared and considered as set forth in IC 36-7-4-205(e). DPS staffshall maintain a map showing all areas of extra-territorial jurisdiction.Chapter 6ReservedChapter 7Applicability3-1-7-1Except as noted below, this ordinance shall be applicable to all structures, land, and uses onproperty located within the planning jurisdiction of the County, including private primaryuses on otherwise-exempt property. Any applicant or property owner who feels that theirproperty or proposed building, structure or use is expressly exempted from this ordinance (asin the case of express field implied pre-emption, or pre-emption under IC 36-7-4-1104 (b)) shallbe required to furnish documentation supporting such an exemption. A project that mayotherwise be deemed exempt may be voluntarily submitted for review. Projects or propertieswhich are exempt within the County’s planning jurisdiction shall not automatically be exemptoutside of the County’s planning jurisdiction.However, this ordinance does not apply to, and does not regulate or restrict, the County’spublic use of any lot or parcel within the Commission’s planning jurisdiction that is onlyowned and occupied for County purposes by the Board of Commissioners. In the event theBoard of Commissioners cease to own or occupy the lot or parcel for a County public use,then this ordinance shall apply, and shall regulate and restrict, any other use of the lot or parcel.Any prior use of a lot or parcel by the Board of Commissioners that was exempt from thisordinance shall not be deemed a nonconforming use when the Board of Commissioners ceaseto own or occupy the lot or parcel for a County public use.Chapter 8Compliance3-1-8-1After the effective date of this ordinance, no building, structure or land shall be used, and nobuilding or structure shall be altered, converted, enlarged, erected, moved, reconstructed, orreused except in conformance with the provisions of this ordinance, including the issuance ofany required permits. No lot or parcel shall hereafter be established or divided except inconformance with the provisions of this ordinance. Existing buildings, structures and uses thatdo not comply with the provisions of this ordinance shall be subject to the provisions of A.C.C.3-5-4 (Nonconforming Situations).Chapter 9ReservedTitle 3 – Zoning OrdinanceArticle 1 – General Provisions9/6/20192Chapter 5Jurisdiction
ALLEN COUNTY ZONING ORDINANCEChapter 10Graphics, Headings, and Illustrations3-1-10-1To aid in the creation of standards that are reasonable, clear and precise, this ordinance includesdiagrams, graphics, illustrations, images, and tables to help show the applicability, use, andintent of the relevant standards. The accompanying ordinance text is also intended to explain thestandard that the diagram, graphic, or illustration is showing. If there is a conflict between thetext and a diagram, graphic, or illustration, the text shall override the diagram, graphic, orillustration.Chapter 11Interpretation3-1-11-1In cases where the provisions of this ordinance require interpretation, such interpretation shallbe provided by the Zoning Administrator, with assistance from the Plan Commission, Boardof Zoning Appeals, definitions used in State or Federal law, or other Department of PlanningServices staff, if determined necessary by the Zoning Administrator. In interpreting thisordinance, words are to be given their plain, ordinary, and usual meaning, unless a contrarypurpose or meaning is shown by the ordinance itself. Where possible, every word is to be giveneffect and meaning, and no word or part is to be held to be meaningless if it can be reconciledwith the rest of this ordinance.Chapter 12Minimum Requirements3-1-12-1Unless specifically noted otherwise, the provisions of this ordinance shall be held to be theminimum requirements for the protection of the health, safety, comfort, morals, convenience,and general welfare of the County, and are designed to encourage the establishment andmaintenance of reasonable community standards for the physical environment of the County.Chapter 13Overlay Districts3-1-13-1This ordinance permits the creation of overlay districts, as a district that extends across one ormore underlying zoning districts, to prescribe additional or alternate regulations to theregulations included in the underlying zoning district for a specific critical feature or resource.Overlay districts shall include the Airport Overlay Districts and the Floodplain regulations.Chapter 14Relation to Plans3-1-14-1In the administration, enforcement, and amendment of this ordinance, reasonable regard shouldbe paid to the Comprehensive Plan. Amendments to the text of this ordinance should maintainand enhance the consistency between this ordinance and the Comprehensive Plan. In the eventthe Plan Commission determines that this ordinance is inconsistent with the ComprehensivePlan, the Commission may initiate an ordinance amendment pursuant to I.C. 36-7-4-602(b).Chapter 15Relation to Other Laws and Regulations3-1-15-1(a)This ordinance does not supersede or amend more restrictive requirements of ordinancesor regulations adopted by other local entities, including building, drainage, health,housing, on-site sewage systems, sewage, and water regulations or other similarrequirements. If a conflict arises between this ordinance and other local ordinances orregulations, any action taken under this ordinance shall be based on the standards andregulations herein. When not in conflict, this ordinance shall be construed as being inaddition to or supplemental to such other ordinances or regulations.Title 3 – Zoning OrdinanceArticle 1 – General Provisions9/6/20193Chapter 10Graphics, Headings, and Illustrations
ALLEN COUNTY ZONING ORDINANCE(b)This ordinance does not supersede more restrictive requirements which may be containedin the Indiana Code, the Indiana Administrative Code, the United States Code, or theCode of Federal Regulations. To the extent that the regulatory standards of this ordinanceare more restrictive than the requirements contained in the Indiana Code, the IndianaAdministrative Code, the United States Code, or the Code of Federal Regulations andsuch regulatory standards are not otherwise specifically prohibited by the Indiana Code,the Indiana Administrative Code, the United States Code, or the Code of FederalRegulations, such regulatory standards shall be applicable and enforceable.(c)All infrastructure installed in conjunction with a project based on the provisions of thisordinance shall meet the applicable requirements of the Americans with Disabilities Act.Chapter 16Saving Provision3-1-16-1This ordinance shall not be construed as eliminating or reducing any action now pending under,or by virtue of, an existing law or previous Zoning Ordinance, Subdivision Control Ordinance,or related ordinance. This ordinance shall not be construed as discontinuing, reducing,modifying, or altering any penalty accruing or about to accrue.Chapter 17Severability3-1-17-1If any provision of this ordinance as existing now or later amended, or its application to anyperson or circumstance is held invalid, the invalidity does not affect other provisions that canbe given effect without the invalid provision or application.Chapter 18Similar Uses Permitted3-1-18-1The uses specified herein shall be permitted in the noted zoning districts. Land uses similar tothose listed as permitted in a district, but not specifically mentioned in these provisions may bepermitted with the approval of the Zoning Administrator; however, in the absence of adetermination by the Zoning Administrator that a non-mentioned use is permitted, no landshall be used for any purpose other than a use specified herein.Chapter 19State Statute Amendments3-1-19-1If any of the provisions of Indiana Code cited in this ordinance are amended or superseded, thisordinance shall be deemed amended with regard to the reference(s) to the new or revised code,until such time that the ordinance is amended to conform to the new or revised code. If IndianaCode is amended to require a more restrictive standard than this ordinance, the more restrictiveState standard shall be applicable and enforced.Chapter 20Subdividing Land3-1-20-1Land may be subdivided within any zoning district.Title 3 – Zoning OrdinanceArticle 1 – General Provisions9/6/20194Chapter 16Saving Provision
ALLEN COUNTY ZONING ORDINANCEChapter 21Transitional Provisions and Vested Rights3-1-21-1The intent of this section is to make this ordinance fully effective, but to allow for thecontinuation of all vested rights related to permits and approvals issued prior to April 3, 2014.The transitional provisions shall apply to the following situations:(a)Applications Filed Prior to April 3, 2014(1)Completed ApplicationsAny application for an Improvement Location Permit, Certificate ofOccupancy, or Certificate of Compliance, or any application for a land useapproval from the Board of Zoning Appeals or the Plan Commission, which hasbeen filed with the required filing fee and which has been determined to becomplete prior to April 3, 2014, shall be regulated by the terms and provisions ofthe zoning ordinance that were in effect as of the date the application wasdetermined to be complete. Any re-application for an expired application or permitshall meet the provisions and development standards of the zoning ordinance ineffect at the time of re-application. However, any such completed application filedbefore April 3, 2014, shall be subject to the administrative procedures, proceduralrules, and hearing process in effect at the time the completed application isreviewed or h
TITLE 2 - GENERAL PLANNING ARTICLE 3 - COMPREHENSIVE PLAN Chapter 1 Title and Adoption 2-3-1-1 The Comprehensive Plan for Allen County shall be formally known as "The Comprehensive Plan for the City of Fort Wayne and Allen County" (Plan-It Allen); it may also be cited and referred to as the "Comprehensive Plan ". The Comprehensive Plan, containing goals,
