§ 742-104 — Commercial Districts

Sec. 742-104. - Commercial Districts.

A. General Commercial District provisions. 1. Integrated center. Land uses permitted in a commercial District established by this chapter may be grouped together to create an Integrated Center in that District. 2. Building or structural height exception. Refer to Section 744-204 for height exceptions and yard encroachment. 3. Outdoor retail sales of beverages, flowers and food from carts on sidewalks and public areas. The outdoor retail sales of beverages, flowers and food from carts on sidewalks and public areas shall be subject to the provisions of, and approved by the City Controller in accordance with Chapter 961 of the Revised Code of the Consolidated City and County, and shall not be subject to the provisions of the Zoning Ordinance. 4. Compliance with Chapter 741. In compliance with IC-36-7-4-701, all property in the Commercial Zoning Districts shall be subject to and comply with Chapter 741 Subdivision Regulations. Condominium development shall not be regulated by Chapter 741, but shall be regulated per IC 32-1-6. 5. Accessory uses and structures. Accessory uses and structures are permitted in the commercial Districts in accordance with Table 743-1: Use Table. Unless specifically exempted, accessory uses and structures must meet all standards of the Zoning Ordinance, in particular use-specific standards in Section 743-306 (Accessory and Temporary Uses) and the development standards of Chapter 744. B. Office-Buffer District (C-1). 1. Purpose. The C-1 District is designed to perform two functions: act as a buffer between uses, and provide for a freestanding area that office uses, compatible office-type uses, such as medical and dental facilities, education services, and certain public and semipublic uses may be developed with the assurance that retail and other heavier commercial uses with incompatible characteristics will not impede or disrupt. Since the buildings for office, office-type and public and semipublic uses are typically much less commercial in appearance, landscaped more fully and architecturally more harmonious with residential structures, this District can serve as a buffer between protected Districts and more intense commercial or industrial areas/Districts - if designed accordingly. This District, with its offices and other buffer type uses, may also be used along certain thoroughfares where a gradual and reasonable transition from existing residential use should occur. TABLE 742-104-1 C-1 DISTRICT DIMENSIONAL STANDARDS LOT STANDARDS Minimum street frontage | 50 ft. SETBACKS METRO | COMPACT Minimum depth front yard | See Table 744-201-3 | 10 ft. from existing ROW Minimum front transitional yard | 20 ft. | 10 ft. Maximum front setback | 85 ft. | 65 ft. Minimum width of side yard | 10 ft. | 0 ft. Minimum side transitional yard | 15 ft. | 10 ft. Minimum depth of rear yard | 10 ft. | 0 ft. Minimum rear transitional yard | 15 ft. | 10 ft. BUILDING STANDARDS METRO | COMPACT Maximum height buildings and structures | 50 ft. | 38 ft. Maximum height along a transitional yard | 35 ft. | 25 ft. This Table is a summary of selected standards; refer to Chapter 744, Article II Lot and Building Dimensions, for additional regulations. *In case of a discrepancy with this summary table, the master table in Chapter 744-II governs. 2. Examples. [image omitted; see the official code] [image omitted; see the official code] 3. Illustration. [image omitted; see the official code] 4. Other standards. a. Windows/doors/transparency. 1. On the side of each primary building that has a public pedestrian entrance, at least 40 percent of the wall surface area between three feet and eight feet above grade level and within 50 feet of each side of the entrance shall be of glass or other transparent materials. On any facade or side of a primary building that is located within 50 feet of a local, collector or arterial street, at least 40 percent of the wall surface area between three feet and eight feet above grade level shall be of glass or other transparent materials. 2. Required ground floor glass or other transparent materials shall allow two-way visibility between three feet and eight feet above grade level. 3. No glass or other transparent materials shall reflect more than 30% of visible light. 4. Replacing windows in an existing building is permitted; however, the replacing window must match the building's original window opening within a tolerance of two inches of each opening side. b. Roof. All roof-mounted mechanical equipment shall be completely and effectively screened from view on all sides of the building with a parapet consistent with the building's design and materials. C. Neighborhood Commercial District (C-3). 1. Purpose. The C-3 District is for the development of an extensive range of retail sales and personal, professional and business services required to meet the demands of a fully developed residential neighborhood, regardless of its size. Examples of such types of uses include neighborhood shopping centers, sales of retail convenience or durable goods, shopping establishments, retail and personal and professional service establishments. At this neighborhood scale of retail, a fine-grain of accessibility requisite for all modes of travel must be provided and maintained. It does not make provision, however, for those businesses that draw customers in significant numbers from well beyond a neighborhood boundary and are, therefore, unusually heavy traffic generators, such as theaters. It does not allow those businesses that require the outdoor display, sale or storage of merchandise; or require outdoor operations. In general, to achieve maximum flexibility of permitted land use, the C-3 District makes possible a highly varied grouping of indoor retail and business functions. TABLE 742-104-2 C-3 DISTRICT DIMENSIONAL STANDARDS LOT STANDARDS Minimum street frontage | 50 ft. SETBACKS METRO | COMPACT Minimum depth front yard | See Table 744-201-3 | 10 ft. from existing ROW Minimum front transitional yard | 20 ft. | 10 ft. Maximum front setback | 85 ft. | 65 ft. Minimum width of side yard | 0 ft. | 0 ft. Minimum side transitional yard | 20 ft. | 10 ft. Minimum depth of rear yard | 0 ft. | 0 ft. Minimum rear transitional yard | 20 ft. | 10 ft. BUILDING STANDARDS METRO | COMPACT Maximum height of buildings and structures | 35 ft. | 38 ft. Maximum height along a transitional yard | 18 ft. | 25 ft. This Table is a summary of selected standards; refer to Chapter 744, Article II Lot and Building Dimensions, for additional regulations. *In case of a discrepancy with this summary table, the master table in Chapter 744-II governs. 2. Examples. [image omitted; see the official code] [image omitted; see the official code] 3. Illustration. [image omitted; see the official code] 4. Other standards. a. Windows/doors/transparency. 1. On the side of each primary building that has a public pedestrian entrance, at least 40 percent of the wall surface area between three feet and eight feet above grade level and within 50 feet of each side of the entrance shall be of glass or other transparent materials. On any facade or side of a primary building that is located within 50 feet of a local, collector or arterial street, at least 40 percent of the wall surface area between three feet and eight feet above grade level shall be of glass or other transparent materials. 2. Required ground floor glass or other transparent materials shall allow two-way visibility between three feet and eight feet above grade level. 3. No glass or other transparent materials shall reflect more than 30% of visible light. 4. Replacing windows in an existing building is permitted; however, the replacing window must match the building's original window opening within a tolerance of two inches of each opening side. b. Roof. All roof-mounted mechanical equipment shall be completely and effectively screened from view on all sides of the building with a parapet consistent with the building's design and materials. D. Community-Regional District (C-4). 1. Purpose. The C-4 District is designed to provide for the development of major business groupings and regional-size shopping centers to serve a population ranging from a community or neighborhoods to a major segment of the total metropolitan area. These centers may feature a number of large traffic generators such as home improvement stores, department stores, and theatres. Even the smallest of such freestanding uses in this District, as well as commercial centers, require excellent access from major thoroughfares. While these centers are usually characterized by indoor operations, certain permitted uses may have limited outdoor activities, as specified. TABLE 742-104-3 C-4 DISTRICT DIMENSIONAL STANDARDS LOT STANDARDS Minimum street frontage | 50 ft. SETBACKS METRO | COMPACT Minimum depth front yard | See Table 744-201-3 | 10 ft. from existing ROW Minimum front transitional yard | 20 ft. | 10 ft. Minimum width of side yard | 0 ft. | 0 ft. Minimum side transitional yard | 20 ft. | 10 ft. Minimum depth of rear yard | 0 ft. | 0 ft. Minimum rear transitional yard | 20 ft. | 10 ft. BUILDING STANDARDS METRO | COMPACT Maximum height of buildings and structures | 65 ft. | 65 ft. Maximum height along a transitional yard | 18 ft. | 25 ft. This Table is a summary of selected standards; refer to Chapter 744, Article II Lot and Building Dimensions, for additional regulations. *In case of a discrepancy with this summary table, the master table in Chapter 744-II governs. 2. Examples. [image omitted; see the official code] [image omitted; see the official code] 3. Illustration. [image omitted; see the official code] 4. Other standards. a. Windows/doors/transparency. 1. On the side of each primary building that has a public pedestrian entrance, at least 40% of the wall surface area between three feet and eight feet above grade level and within 50 feet of each side of the entrance shall be of glass or other transparent materials. On any facade or side of a primary building that is located within 50 feet of a local, collector or arterial street, at least 40% of the wall surface area between three feet and eight feet above grade level shall be of glass or other transparent materials. 2. Required ground floor glass or other transparent materials shall allow two-way visibility between three feet and eight feet above grade level. 3. No glass or other transparent materials shall reflect more than 30% of visible light. 4. Replacing windows in an existing building is permitted; however, the replacing window must match the building's original window opening within a tolerance of two inches of each opening side. b. Roof. 1. All roof-mounted mechanical equipment shall be completely and effectively screened from view on all sides of the building with a parapet consistent with the building's design and materials. E. General Commercial District (C-5). 1. Purpose. The C-5 District is designed to provide areas for those retail sales and service functions whose operations are typically characterized by automobiles, outdoor display, or sales of merchandise; by major repair of motor vehicles; by outdoor commercial amusement and recreational activities; or by activities or operations conducted in buildings or structures not completely enclosed. The types of uses found in this District tend to be outdoor functions, brightly lit, noisy, etc. Therefore, to provide a location where such uses can operate in harmony with the vicinity, the C-5 District should be located on select heavy commercial thoroughfares and should avoid locating adjacent to protected Districts. TABLE 742-104-4 C-5 DISTRICT DIMENSIONAL STANDARDS LOT STANDARDS Minimum street frontage | 50 ft. SETBACKS METRO | COMPACT Minimum depth front yard | See Table 744-201-3 | 10 ft. from existing ROW Minimum front transitional yard | 20 ft. | 10 ft. Minimum width of side yard | 10 ft. | 10 ft. Minimum side transitional yard | 20 ft. | 15 ft. Minimum depth of rear yard | 10 ft. | 10 ft. Minimum rear transitional yard | 20 ft. | 15 ft. BUILDING STANDARDS METRO | COMPACT Maximum height of buildings and structures | 65 ft. | 65 ft. Maximum height along a transitional yard | 18 ft. | 25 ft. This Table is a summary of selected standards; refer to Chapter 744-II Lot and Building Dimensions, for additional regulations. *In case of a discrepancy with this summary table, the master table in Chapter 744-II governs. 2. Examples. [image omitted; see the official code] [image omitted; see the official code] 3. Illustration. [image omitted; see the official code] 4. Other standards. a. Windows/doors/transparency. 1. On the side of each primary building that has a public pedestrian entrance, at least 40% of the wall surface area between three feet and eight feet above grade level and within 50 feet of each side of the entrance shall be of glass or other transparent materials. On any facade or side of a primary building that is located within 50 feet of a local, collector or arterial street, at least 40% of the wall surface area between three feet and eight feet above grade level shall be of glass or other transparent materials. 2. Required ground floor glass or other transparent materials shall allow two-way visibility between three feet and eight feet above grade level. 3. No glass or other transparent materials shall reflect more than 30% of visible light. 4. Replacing windows in an existing building is permitted; however, the replacing window must match the building's original window opening within a tolerance of two inches of each opening side. b. Roof. 1. All roof-mounted mechanical equipment shall be completely and effectively screened from view on all sides of the building with a parapet consistent with the building's design and materials. F. High-Intensity Commercial District (C-7). 1. Purpose. The C-7 District is designed to provide specific areas for commercial uses which have unusually incompatible features relative to other commercial uses, such as major outdoor storage or display of sizeable merchandise and the outdoor parking and storage of trucks, materials or equipment essential to the operation of these uses. Many of these uses generally are not visited by customers, but rather involve service operations from headquarters with some on-site fabrication of parts. The nature of operation or appearance are more compatible with industrial than retail commercial activities. Because of the character and intensity of these uses, this District should be appropriately located on major commercial arterial thoroughfares and near interstate freeways, but not in close association with those commercial activities involving shopping goods, professional services, restaurants, food merchandising, and the like. Due to the intensity of uses, location of this District should never be adjacent to Protected Districts. TABLE 742-104-5 C-7 DISTRICT DIMENSIONAL STANDARDS LOT STANDARDS Minimum street frontage | 50 ft. SETBACKS METRO | COMPACT Minimum depth front yard | See Table 744-201-3 | 10 ft. from existing ROW Minimum front transitional yard | 20 ft. | 10 ft. Minimum width of side yard | 10 ft. | 10 ft. Minimum side transitional yard | 40 ft. | 20 ft. Minimum depth of rear yard | 10 ft. | 10 ft. Minimum rear transitional yard | 40 ft. | 20 ft. BUILDING STANDARDS METRO | COMPACT Maximum height of buildings and structures | 35 ft. | 38 ft. Maximum height along a transitional yard | 18 ft. | 25 ft. This Table is a summary of selected standards; refer to Chapter 744, Article II Lot and Building Dimensions, for additional regulations. *In case of a discrepancy with this summary table, the master table in Chapter 744-II governs. 2. Examples. [image omitted; see the official code] [image omitted; see the official code] 3. Illustration. [image omitted; see the official code] 4. Other standards. a. Windows/doors/transparency. 1. On the side of each primary building that has a public pedestrian entrance, at least 30% of the wall surface area between three feet and eight feet above grade level and within 50 feet of each side of the entrance shall be of glass or other transparent materials. On any facade or side of a primary building that is located within 50 feet of a local, collector or arterial street, at least 30% of the wall surface area between three feet and eight feet above grade level shall be of glass or other transparent materials. 2. Required ground floor glass or other transparent materials shall allow two-way visibility between three feet and eight feet above grade level. 3. No glass or other transparent materials shall reflect more than 30% of visible light. G. Special Commercial District (C-S). 1. General. a. The Special Commercial District (C-S) is established for the following purposes: 1. To encourage: i. A more creative approach in land planning. ii. Superior site and structural design and development. iii. An efficient and desirable use of open space. 2. To provide for a use of land with high functional value. 3. To assure compatibility of land uses, both within the C-S District and with adjacent areas. 4. To permit special consideration of property with outstanding features, including, but not limited to, historical, architectural or social significance, unusual topography, landscape amenities, and other special land characteristics. 5. To provide maximum adaptability and flexibility in zoning and development controls to meet the changing and diverse needs of the metropolitan area. b. The C-S District is designed to permit, within a single Zoning District, multi-use commercial complexes or land use combinations of commercial and noncommercial uses, or single-use commercial projects. The primary objective of this District is to encourage development which achieves a high degree of excellence in planning, design or function, and can be intermixed, grouped or otherwise uniquely located with maximum cohesiveness and compatibility. The District provides flexibility and procedural economy by permitting the broadest range of land use choices within a single District, while maintaining adequate land use controls. The C-S District can include high-rise or low-rise developments, can be applied to large or small land areas appropriately located throughout the metropolitan area, and can be useful in areas of urban renewal or redevelopment. c. Development site plans should incorporate and promote environmental considerations, working within the constraints and advantages presented by existing site considerations, including vegetation, topography, drainage and wildlife. 2. Permitted uses. a. All land uses within the C-S Districts shall be limited to the use or uses specified in the applicable rezoning petition or ordinance redistricting and zoning the particular land to the C-S District. A site and development plan for a proposed C-S District shall be filed with the zoning petition and approved by the Metropolitan Development Commission. The Commission may approve, amend or disapprove the plan and may impose any reasonable conditions upon its approval. If such plan submitted is a preliminary rather than final plan, the Commission's approval shall be conditioned upon the approval, by the Administrator, of a final site and development plan, in total or in phases. Such final plan approval by the Administrator shall be conditioned upon the Administrator's findings that the final plan is consistent and in substantial conformity with the preliminary plan, as approved by the Metropolitan Development Commission. All development within the C-S Districts shall be subject to any further standards, restrictions or requirements specified in such rezoning petition or ordinance and commitments filed, made or presented in support of such rezoning petition. b. All C-S District uses shall: 1. Be so planned, designed, constructed and maintained as to create a superior land development, in conformity with the Comprehensive Plan of Marion County, Indiana; and 2. Create and maintain a desirable, efficient and economical use of land with high functional value and compatibility of land uses, within the C-S District and with adjacent uses; and 3. Provide sufficient and well-designed access, parking and loading areas; and 4. Provide traffic control and street plan integration with existing and planned public streets and interior access roads; and 5. Provide adequately for sanitation, drainage and public utilities; and 6. Allocate adequate sites for all uses proposed - the design, character, grade, location and orientation thereof to be appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan for Marion County, Indiana. 3. Other standards. a. Windows/doors/transparency. 1. On the side of each primary building that has a public pedestrian entrance, at least 40% of the wall surface area between three feet and eight feet above grade level and within 50 feet of each side of the entrance shall be of glass or other transparent materials. On any facade or side of a primary building that is located within 50 feet of a local, collector or arterial street, at least 40% of the wall surface area between three feet and eight feet above grade level shall be of glass or other transparent materials. 2. Required ground floor glass or other transparent materials shall allow two-way visibility between three feet and eight feet above grade level. 3. No glass or other transparent materials shall reflect more than 30% of visible light. 4. Replacing windows in an existing building is permitted; however, the replacing window must match the building's original window opening within a tolerance of two inches of each opening side. b. Roof. 1. All roof-mounted mechanical equipment shall be completely and effectively screened from view on all sides of the building with a parapet consistent with the building's design and materials.

(G.O. 64, 2015, § 2; G.O. 37, 2018, § 6)