Waiver of standards and specifications.

Indianapolis-Marion County Revised Code § 741-205

in effect

Sec. 741-205. - Waiver of standards and specifications. A. Findings. 1. The standards in Article III of these regulations may be waived by the Commission or Committee as indicated below; however, to be approved, the plat must still meet all applicable standards prescribed in the Zoning Ordinance other than any standard modified by variance. 2. Where the Committee finds that extraordinary practical difficulties may result from strict compliance with these regulations or that the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve waivers or modifications to the standards in Article III of these regulations so that substantial justice may be done and the public interest served. The waiver or modification shall not have the effect of nullifying the intent and purpose of these regulations. The Committee shall not approve waivers or modifications unless it finds based upon the evidence presented to it in each specific case that: a. The granting of the waiver or modification will not be detrimental to the public health, safety, or welfare or injurious to other property; b. The conditions upon which the request is based are individual to the property for which the relief is sought and are not applicable generally to other property; c. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; d. The resulting subdivision fulfills the purpose and intent of these regulations at an equal or higher standard than what would have been possible without the deviation; and e. The relief sought shall not in any manner vary from the provisions of the Zoning Ordinance, or official zoning base maps, except as those documents may be amended in the manner prescribed by law. B. Deferral or waiver of required improvements. 1. The Committee may defer or waive at the time of primary approval, subject to appropriate conditions, the provision of any or all public improvements that, in its judgment, do not further the interests of the public health, safety, and general welfare, or that are inappropriate because such provision produces an unsafe or unhealthy situation. Any determination to defer or waive the provision of any public improvement must be made on the record, and the reasons for the deferral or waiver also shall be expressly made on the record. 2. Whenever it is deemed necessary by the Committee to defer the construction of any improvement required under these regulations because of incompatible grades, topography, future planning, inadequate or nonexistent connecting facilities, or for other reasons, the subdivider shall pay his fair share of the costs of the future improvements to the local government prior to signing of the secondary subdivision plat by the Administrator, or a separate subdivision improvement agreement may be executed and secured by a letter of credit guaranteeing completion of the deferred improvements upon demand of the local government. C. Commitments and conditions. As a condition of granting a waiver under this subsection, the commission or committee may allow or require a commitment to be made. D. Procedures. 1. The request for a waiver or modification of the standards fixed in these regulations must be submitted in writing by the applicant at the time when the primary plat is filed for the consideration of the Committee. The request and support documentation shall state fully the grounds for the waiver or modification and all of the facts relied upon to reach such a conclusion. 2. Any waiver not specifically requested shall not be considered approved even if the plat is approved. (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_CH741SURE_ARTIISUAPPR_S741-205WASTSPFetched: 10/27/2026