Special exceptions.
Indianapolis-Marion County Revised Code § 740-705
in effectSec. 740-705. - Special exceptions.
The Board of Zoning Appeals is hereby authorized to grant special exceptions to permit those uses designated as requiring a special exception in Table 743-1: Use Table, in the zoning districts indicated in that table, subject to the following requirements:
A. A petition for special exception shall be filed with the Board of Zoning Appeals in accordance with the Board's Rules of Procedure. In addition to the site plan and area map filing requirements of the Board's Rules of Procedure and special exception petition forms, the petitioner shall file with the special exception petition:
1. An area map, drawn to scale, indicating the existing zoning classification of all land within 500 feet of the perimeter of the site and any elementary school, junior high school, or high school, as defined in IC 20-10.1-1, located within such distance.
2. Proposed detailed findings of fact in support of the determinations by the Board in subsection B. below. The petition, or evidence presented to the Board at the public hearing, may include any additional pertinent exhibits, such as photographs depicting the site or other land uses and properties in the area; neighborhood or community economic, social, land use or environmental impact statements; or other relevant evidence.
B. A special exception may be granted following public hearing of the petition and only upon the Board's determination that:
1. The proposed use meets the definition of that use in Chapter 740, Article II.
2. The proposed use will not injure or adversely affect the adjacent area or property values in that area.
3. The grant will not materially and substantially interfere with the lawful use and enjoyment of adjoining property.
4. The proposed use will be compatible with the character of the District, land use authorized therein and the Comprehensive Plan for Marion County.
5. The proposed use conforms to the development standards in Chapter 744 applicable to the zoning district in which it is located.
6. The proposed use conforms to all provisions of the Zoning Ordinance, including the performance standards in Chapter 740 and the development standards in Chapter 744 applicable to the zoning district in which it is located.
7. The proposed use conforms to all of the use-specific standards in Chapter 743 for that use, including any special exception standards for that use.
C. The Board may impose reasonable restrictions or conditions in connection with the grant of any special exception, including restrictions and conditions that are more restrictive than the applicable development standards, to ensure compliance with the standards above. All such conditions shall be imposed by the Board to ensure compliance with standards above. Such conditions may include any reasonable site, development, operational and performance standards, requirements and restrictions. The grant of the special exception may be for a limited period of time, as specified by the Board.
D. The grant of such special exception shall be conditioned upon conformance all provisions of the Zoning Ordinance, including the performance standards in Chapter 740 and the development standards in Chapter 744 applicable to the zoning district in which it is located, except as specifically modified by the grant of the special exception.
(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_CH740GEPR_ARTVIIPR_S740-705SPEXFetched: 10/27/2026
