Details

Title	Revised Code of the Consolidated City and County Indianapolis/Marion, Indiana
Highlights	Indianapolis recognizes that additional government regulation may impact the cost of affordable housing.   Indianapolis requires agencies to create a regulatory impact statement before new rules and regulations can be introduced before the city council.                       There is implicit recognition that certain government services should not be paid through general tax revenue or impact fees.   Indianapolis has created special waste disposal districts that require fees from uses.                       There is implicit recognition that zoning regulations do not provide flexibility to create affordable housing.   Indianapolis permits home occupations, accessory dwelling units and manufactured housing in residential areas under certain limited conditions.
Description	The Revised Code of the Consolidated City and County Indianapolis/Marion, Indiana contains a number of sections that have an impact on the provision of affordable housing. These sections provide for user fees, allow accessory housing, home occupations and manufactured housing, and require regulatory impact statements for new regulations. In Chapter 131-400 the city imposes solid waste disposal fees on owners of each residential and individual apartment unit within the solid waste disposal special taxing district. This section also applies to Federal, state and local governmental agencies, not-for-profit corporations and associations if it meets the criteria set forth by the City. The City also requires a stormwater user fee. Indianapolis also allows limited use of residential accessory housing. Residential accessory housing is allowed if it is restricted to occupancy by domestic employees and is within the primary building with no alterations allowed for exterior accessibility. (Section 731-219) The City also defines foster care and childcare as permitted accessory uses. The City permits home occupations in Section 731-220. The intent is to allow residents to conduct certain occupations in their residences, while at the same time protecting the peace and quiet of the neighborhood. The code (Section 731-220) identified a number of permitted home occupations including law, medicine, dentistry, architecture, engineering, real estate brokerage, tutoring, writing, painting, music instruction, photography and such services as are provided by clergymen, insurance agents, notaries public dressmaking, millinery, sewing, tailoring, weaving, hair grooming, washing, ironing and cabinet making. The code also delineates prohibited home occupations including automobile clean-up repair, bicycle repair, dog grooming, dry cleaning, fur finishing, funeral services, drywall installing and finishing, excavating, landscaping, plumbing, hauling, and other similar contractor's services where equipment or materials are stored on the premises. Permitted uses must also comply with a number of conditions. The use must be incidental and subordinate to its primary use for residential purposes. Indianapolis also limits the amount of space allocated to the home occupation to no more than a total of six hundred (600) square feet or thirty (30) percent of the total square footage of the dwelling unit, whichever is less. Deliveries and visitors are limited but the owner can hire one additional person to assist with the business. Indianapolis allows manufactured housing in all residentially zoned districts under certain conditions. Manufactured housing is subject to the issuance of a Special Exception permit in several but not all zones. In order to qualify for the Special Exception the housing must not be injurious to the public health, safety, morals, convenience or general welfare or adversely affect the adjacent area or property values. Further, it must harmonize with the character of the surrounding neighborhood, and utilize siding and roofing materials that are aesthetically compatible with the surrounding neighborhood. In addition, all manufactured housing must be set on a permanent foundation. Section 151-802 requires a regulatory impact statement be on file with the clerk of the council before the council considers new regulations. The statement must identify the problems to be addressed, outcomes desired, costs to be incurred by affected groups, and alternatives to the proposed action. This site was accessed in April 2003.
Publication Date	2002
Organization	Indianapolis/Marion County, Indiana
Web Location	http://www.municode.com/resources/gateway.asp?pid=12016&sid=14

Notice: The contents of this record reflect the views of the author and/or promulgating municipality, and should not be construed as representing the views or policies of the U.S. Department of Housing and Urban Development or U.S. HUD's Office of Policy Development and Research. No attempt has been made by U.S. HUD or its contractors to verify the accuracy, currency, or validity of the record contents presented herein.