Special dimensional standards.
Indianapolis-Marion County Revised Code § 744-203
in effectSec. 744-203. - Special dimensional standards.
The standards in this Section 744-203 apply in addition to those in Section 744-201. In the event of a conflict between standards in the two sections, the provisions of this Section 744-203 shall apply.
A. Land within the Town of Meridian Hills. The required front, side and rear setback and minimum front, side and rear yard requirements applicable to all land within the Town of Meridian Hills, Indiana, however presently zoned, shall be not less than the standards of the class R-1, R-2, and R-3 Area Districts, respectively, previously applicable thereto as said land was formerly zoned, in accordance with the Meridian Hills Zoning Map as reflected on the map below and sections 9, 10, and 12 of the Code of the Town of Meridian Hills, Indiana, General Ordinance No. 1, 1946, prior to August 2, 1966, as reflected in Table 744-203-1 below, which rezoned and reclassified said land.
Table 744-203-1: Town of Meridian Hills Setback standards
District Standard | Class R-1 District | Class R-2 District | Class R-3 District
Min. Side Yard width | 15 feet | 12 feet | 10 feet
Min. Rear Yard width | 15% of the depth of the lot, but no more than 30 feet required
Min. Front setback on a block in which 50% or more of the lots are improved with a dwelling unit | Average setback of the existing dwelling units on the block
Min. Front setback on a block in which less than 50% of the lots are improved with a dwelling unit | 40% of the average lot depth on the block, but no more than 100 feet required | 40% of the average lot depth on the block, but no more than 75 feet required | 40% of the average lot depth on the block, but no more than 60 feet required
(Said Code of the Town of Meridian Hills, Indiana, sections 9, 10, and 12 and Meridian Hills Zoning Map, adopted by the Marion County Council March 28, 1957, as part of Marion County Council Ordinance No. 8-1957, are hereby incorporated herein by reference).
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B. Development standard exceptions in historic preservation areas. All lots in a Dwelling District or Commercial District that are located within a locally designated historic preservation area as established by, and under the jurisdiction of, the Indianapolis Historic Preservation Commission (IHPC):
1. Not fronting on a thoroughfare, as designated on Official Thoroughfare Plan shall be exempt from the provisions of Chapter 744, Article II (Lot and Building Dimensions), regarding required minimum front, side and rear yard setbacks. The minimum required front, side and rear yard setbacks for lots located within such historic preservation areas shall be as determined by the IHPC. The minimum required front, side and rear yards shall be as set forth in and specified by the grant of a Certificate of Appropriateness following all procedures set forth by the IHPC.
2. Fronting on a thoroughfare, as designated on the Official Thoroughfare Plan shall be exempt from the provisions of Chapter 744, Article II, Lot and Building Dimensions, regarding required minimum side and rear setbacks. The minimum required side and rear yard setbacks for lots located within such historic preservation areas shall be as determined by the IHPC. The minimum required side and rear yards shall be as set forth in and specified by the grant of a Certificate of Appropriateness following all procedures set forth by the IHPC.
3. Shall be exempt from the provisions of Chapter 744, Article II (Lot and Building Dimensions) regarding maximum height of primary buildings and accessory structures. The maximum height of primary buildings and accessory structures located within such historic preservation areas shall be as determined by the IHPC. The maximum height of primary and accessory buildings shall be set forth in and specified by the grant of a Certificate of Appropriateness following all procedures set forth by the IHPC.
C. Zero-lot line option for Subdivisions in Dwelling Districts. The minimum side yard setback requirements of the D-S, D-1, D-2, D-3, D-4, D-5, and D-5II Zoning Districts shall be subject to the following exceptions: Any plat of a major subdivision submitted for plat approval in accordance with the Chapter 741 Subdivision Regulations after December 20, 1989, may reduce the minimum side yard requirement for one side yard of each lot to zero feet provided that:
1. A minimum distance of 10 feet shall be required and maintained between all buildings on adjacent lots; and,
2. No windows or doors shall be provided or maintained on that portion of the structure that reduces the required side yard by use of this exception; and,
3. The aggregate side yards are provided on the lot according to the applicable Dwelling District regulations; and
4. An easement, providing for the continual maintenance of that portion of the structure that reduces the required side yard by use of this exception, is provided, recorded and maintained.
D. Cluster subdivision option in Dwelling Districts. Exceptions to Dwelling District development standards for the development of cluster subdivisions. In any plat of a major subdivision recorded after January 1, 1990, in the D-S, D-1, D-2, D-3 and D-4 Zoning Districts, the development standard exceptions listed in this Section 744-203.D. shall apply. Any major subdivision in the D-S, D-1, D-2, D-3 and D-4 Zoning Districts, the plat of which is submitted for plat approval in accordance with Chapter 741 Subdivision Regulations, may be developed as a cluster subdivision in accordance with the following:
1. Purpose. Cluster subdivisions are intended to allow greater flexibility in design and development of subdivisions, in order to produce innovative residential environments, provide for more efficient use of land, protect topographical features, and permit common area and open space. To accomplish this purpose, the following regulations and exceptions shall apply only to cluster subdivisions.
2. Criteria for a cluster subdivision. The following criteria must all be fulfilled to be eligible for a cluster subdivision.
a. Unique topographical features on the site, including but not limited to slopes, streams, and natural water features, are protected and preserved.
b. Wooded areas, individual trees of significant size, wetlands, or other environmentally sensitive features are protected and preserved.
c. Common open space and recreational areas accessible to residents of the subdivision including provisions for walkways and bikeways are provided.
d. Innovative residential environment is produced.
e. Alteration of the natural site features is minimized through the design and situation of individual lots, streets, and buildings.
f. Diversity and originality in lot layout and individual building design achieves the best possible relationship between development and the land.
g. The land area devoted to motor vehicle access is minimized.
3. Exceptions to Dwelling District development standards. If the criteria for a cluster subdivision is met, exceptions to the development standards relating to the subdivision's lot size, shape and dimensions may be permitted for individual lots within a cluster subdivision as follows:
a. Project area (minimum size of subdivision). There shall be a minimum of five acres required for the development of a cluster subdivision. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed by the owners of the entire tract. The tract shall be developed as a unit and in the manner approved.
b. Project density. The overall maximum density of the proposed cluster subdivision shall remain the same as that permitted by developing the same site area into developable lots in full compliance with the applicable underlying Dwelling District regulations and the Chapter 741 Subdivision Regulations.
c. Sewers. Attachment to public or semipublic water and sanitary sewer facilities shall be mandatory for development in any cluster subdivision with a minimum lot area of less than 24,000 square feet.
d. Area, width, setback, and open space for individual lots. Individual lots in a cluster subdivision are exempt from the following development standards of the applicable Dwelling District:
1. Minimum lot area.
2. Minimum lot width.
3. Minimum lot width at setback.
4. Minimum side and rear yard setback regulations. Minimum side and rear yard setback regulations may be modified by the following:
i. Setback from any subdivision boundary property lines: 20 feet.
ii. The minimum rear yard setback: 15 feet.
iii. The minimum side yard setback shall have a minimum depth in accordance with Section 744-203.C. Zero-lot line option for subdivisions in Dwelling Districts, with the exception that Section 744-203.C.3. shall not apply when utilizing the cluster subdivision exception.
5. The minimum street frontage. Minimum street frontage may be reduced to 15 feet provided, however, that each individual lot shall have direct access to a public street; and,
6. Minimum open space. Individual cluster lots shall have a minimum open space of 50%.
e. Project open space. The amount of permanent open space created by the development of the site as a cluster subdivision shall be equivalent to, or more than, the total reduction in lot sizes. At least 75% of the total amount of open space shall consist of tracts of land at least 50 feet wide. The open space created by the development of the site as a cluster subdivision shall be provided in such a manner that it is preserved in its naturally occurring state for passive recreational activities. A subordinate amount of this open space may be developed as a common recreational area. The open space created by the development of the site as a cluster subdivision shall further be provided in such a manner that it is accessible to residents of the subdivision and for maintenance. The open space shall perpetually run with the subdivision and shall not be developed or separated from the cluster subdivision at a later date. Provisions shall be made for continuous and adequate maintenance at a reasonable and nondiscriminatory rate of charge.
4. Procedures for cluster subdivision approval.
a. The petitioner shall submit two site plans for the property proposed for a cluster subdivision for review and conceptual design approval by the Administrator prior to filing for plat approval.
1. Site Plan 1 shall depict the development of the site in full compliance with all use and development standards of the applicable underlying Dwelling District and Chapter 741 Subdivision Regulations. This site plan will be used to determine the maximum number of developable lots possible on the site and set the density of that development.
2. Site Plan 2 shall depict the development of the site as a proposed cluster subdivision. The density of the overall development shall be no greater than that permitted by the development of the site depicted in Site Plan 1.
b. The Administrator shall compare the proposed cluster subdivision (Site Plan 2) with the site plan showing the same site developed in compliance with the applicable Dwelling District (Site Plan 1) and determine if the criteria for a cluster design is met.
c. If upon review, the Administrator determines that the criteria for a cluster subdivision is not met or the submission requirements not fulfilled, the Administrator shall inform the petitioner in writing of the determination. The petitioner may, within five business days, appeal the Administrator's decision by filing an approval petition before the Metropolitan Development Commission.
d. If upon review the Administrator determines that the criteria for a cluster subdivision is met, the Administrator shall:
1. Inform the petitioner in writing of the determination; and,
2. Send a copy of that letter to the applicable registered neighborhood organizations.
e. The petitioner may then proceed with the filing of a preliminary plat before the Plat Committee. The filed plat shall be in substantial compliance with the Site Plan 2 approved by the Administrator. The legal notice for the public hearing of the Plat Committee regarding such a preliminary plat shall indicate clearly that the request is for a cluster subdivision.
5. Maintenance of common open space areas. As a condition of Administrator's approval of the cluster subdivision permitting exceptions to the standard requirements of the applicable Zoning District, the petitioner shall submit with the site plan for review and approval documentary assurances that permanent dedication of the open space areas shall be made and that adequate provisions are being made for continuous and adequate maintenance of project open space, common areas and recreation areas. Once approved by the Administrator, the documentary assurances shall be filed with the Plat Committee at the time a petition for plat approval is initiated. Further, the documentary assurances shall be incorporated in the plat that is recorded with the Office of the Marion County Recorder. No exceptions to these requirements shall be permitted unless the Plat Committee determines that the petitioner has adequately provided for such upkeep, protection and maintenance of open space, common area or recreational areas through other legally binding perpetual agreements.
(G.O. 64, 2015, § 2)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH744DEST_ARTIILOBUDI_S744-203SPDISTFetched: 10/27/2026