Indianapolis-Marion County Revised Code tit. III, ch. 740, art. VI — APPLICATION AND NONCONFORMITIES | Revised Code of the Consolidated City and County of Indianapolis-Marion County (Supp. No. 47, Update 2: codified through Ordinance No. 42, 2026, passed June 1, 2026) — City of Indianapolis

Indianapolis-Marion County Revised Code § 740-601 Application and exceptions.

Sec. 740-601. - Application and exceptions. A. Application. 1. Use or occupancy. a. With the exception of legally established nonconforming uses, and except as set forth in subsection B., no land, building, structure, premises or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this Zoning Ordinance. b. The property containing a nonconforming use may replace that nonconforming use with another nonconforming use from the same land use category (e.g. "commercial and building contractors", "financial and insurance services"), provided however, the replacement use meets all use-specific standards and does not include activities that include alcohol. 2. Buildings or structures. No building, structure, premises or part thereof shall be constructed, erected, altered, converted, enlarged, extended, reconstructed or relocated except in conformity with these regulations and for uses permitted by the Zoning Ordinance. 3. Creation of nonconformity prohibited. A lot may be subdivided into two or more lots in accordance with Chapter 741, provided that all resulting lots and all buildings thereon shall comply with all the applicable provisions of the Zoning Ordinance. If such a lot, however, is occupied by a nonconforming building, such lot may be subdivided provided such subdivision does not create a new noncompliance or increase the degree of noncompliance of such building. B. Legal establishment of nonconforming uses that were not legally initiated prior to April 8, 1969. 1. Any nonconforming use in a District of the Zoning Ordinance shall be deemed to be legally established if the use: a. Existed prior to April 8, 1969; and b. Has continued to exist from April 8, 1969, to the present; and c. Has not been abandoned; and d. Of the entire building has not been vacant voluntarily for any period of 365 consecutive days. A certificate stating the use and development of a property are legally established under this section shall be available from the Administrator on the presentation of sufficient evidence. The rules of procedure of the Metropolitan Development Commission shall outline the procedure to be followed in order to obtain an official certificate. 2. All construction, erection, conversion (including, but not limited to, the addition of dwelling units), enlargement, extension, reconstruction or relocation occurring after April 8, 1969, must have been done in conformity with the Zoning Ordinance in place at the time and have been done for uses permitted at that time. Any such future activity shall not be permitted except in conformity with these regulations and for uses permitted by the Zoning Ordinance. 3. This subsection shall have no effect upon the powers of the Consolidated City of Indianapolis, Marion County, or any unit or agency thereof, or the Health and Hospital Corporation of Marion County, Indiana, to enforce other public health and safety laws and ordinances affecting real property, including those contained in IC 34-1-52-1 through 34-1-52-4 (Codification of Common Law Nuisance) and shall not relieve any property of the legal obligation to comply with conditions or commitments which lawfully apply to the property made in connection with any variance, rezoning, platting, or other zoning decision. C. Legally established schools. All legally established nonconforming uses for an elementary, middle, junior high or high school (including any structures, facilities, and parking areas accessory thereto) located in a Dwelling District may be converted, enlarged, extended, reconstructed or relocated for such school use on the same lot or parcel as it existed on August 8, 1966, provided such school building, structure, facilities and parking area shall conform to the minimum yard and setback requirements of the applicable Dwelling District. (G.O. 64, 2015, § 2; G.O. 37, 2018, § 3)

Indianapolis-Marion County Revised Code § 740-602 Restoration of nonconformities.

Sec. 740-602. - Restoration of nonconformities. A. Restoration of legally established nonconforming uses, structures, buildings. 1. Legally established nonconforming uses and structures or buildings not located in any Flood Control zoning district that are damaged or partially destroyed by flood, tornado, fire, explosion, act of God, or the public enemy, may be restored to their original dimensions and conditions if: a. The use, structure, or building is a residential use in an originally designed and constructed single-family attached dwelling, single-family detached dwelling, or two-family dwelling, or b. The damage or destruction does not exceed two-thirds of the gross floor area of the building or structure affected, however, all land within any Wellfield Protection District shall, also, be subject to all of the requirements of Chapter 742-204 Wellfield Protection. 2. A legally established, detached, accessory garage serving and located on the same lot as a single-family attached dwelling, single-family detached dwelling, or two-family dwelling and not located in any Flood Control zoning district may be reconstructed on an existing foundation, even though such reconstruction would not comply with required side or rear yards. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 740-603 Discontinuation of nonconforming uses.

Sec. 740-603. - Discontinuation of nonconforming uses. A. Restoration of legally established nonconforming uses, structures, buildings. The lawful nonconforming use or occupancy of any lot, in any District, existing on April 8, 1969, may be continued as a nonconforming use, but if such nonconforming use is discontinued, any future use or occupancy of such land shall be in conformity with the use provisions of the Zoning Ordinance. If a portion of the premises occupied by the nonconforming use is discontinued, the future use of that portion discontinued shall be in conformity with this ordinance. A nonconforming use is considered discontinued if the premises used by the nonconforming use is vacant for five consecutive years or replaced by a conforming use. (G.O. 64, 2015, § 2)