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1. What is a Zoning Ordinance?

 “A zoning ordinance divides a jurisdiction of a local government into districts or zones. Within the zones, the ordinance regulates how the land is used, the intensity or density of uses, the bulk of buildings on the land, parking, building materials, and other aspects of land use and construction. 

The ordinance contains both written regulations and a zoning map, which may both be amended by the local legislative body.” (Chapter 8 of the Citizen Planner Guide; Indiana Planning Association)

2. What is Form-Based Code?

A “form-based” code is a set of adopted rules that determine how a city, town, or neighborhood should look and feel. Unlike a typical zoning ordinance, a form-based code emphasizes the importance of building types, shapes, and materials more than how a building would be used. A form-based code places a higher priority on a building’s appearance than its function. The purpose of a form-based code is to create an attractive environment that preserves and promotes a community’s character.

3. What happened at the charrettes last year?

You can find information about the 2021 charette process here. 

4. What other Indiana cities/towns are using a community-wide Form Based Zoning Ordinance?

• South Bend, IN
• Town of Munster, IN

5. Proposed zoning shows my land as “N-2 Neighborhood 2." Can I have a food truck?

Outdoor Sales (food trucks and the like) would continue to be approved through the Special Event Permit process.  

To further clarify this type of use, Staff has proposed an update to add to the next draft of the proposed Zoning Ordinance update Section 4.02 “Table of Permitted Uses” the “Outdoor Sales use. This use would be allowed in all MU and I zoning districts as a SPECIAL EXCEPTION USE.  

6. Proposed zoning shows my land as “N-1 Neighborhood 1." Can I continue to farm my land?

Indiana is a “Right to Farm” state. If your farm can adhere to the statutes outlined below, you may continue to farm your land.  

Per Indiana Code : § 32-30-6-1; 32-30-6-3; 32-30-6-9 (2005):

• Indiana Right to Farm Enabling Statues

To further solidify this use, Staff has proposed an update to add back into the next draft of the proposed Zoning Ordinance update Section 4.02 “Table of Permitted Uses” the Agricultural use, previously referred to as “Farm." This use would be allowed BY RIGHT in all zoning districts EXCEPT AZ. 

7. Can I park my daily commuting car/truck (work vehicle) in my driveway?

As far as signage on a work vehicle (said vehicle is typically seen in a residential area): It isn’t prohibited, nor is it called out to be required to get a sign permit. It is also distinguished through definitions as not being a prohibited type.

• Current citation: § 194.162 URBAN PROHIBITED SIGNS. 
• Same as Form Based: SECTION 10.05 Prohibited Signs

…  (E) Portable signs, including, but not limited to: a-or t -frame signs; signs on trailer frames; menu and sandwich board signs; balloon signs; wind signs; umbrellas used for advertising; and, signs attached to or painted on a vehicle parked and visible from the public right-of-way; provided, however, a vehicle which is used in the normal day-to-day operation of the business shall not be considered a portable sign;

New Definition: SECTION 10.02 Sign Types 

…(24) VEHICLE SIGN. A sign, painted or otherwise, attached to an operable vehicle that is regularly used and moved, including signs on a truck trailer. A Vehicle Sign does not constitute a Transported Sign.

8. Why is the Town working to implement a new zoning code?

Though the town’s current zoning code has been modified through the years, it has not been thoroughly reviewed or updated since inception. The town administration believes it is time to replace the current code with a modern set of development standards that emphasizes the importance of architectural form in a modern format. The proposed code is designed to be more easily understood, consistent with current state and federal statutes, and reflect contemporary zoning practices.

9. How will the Town handle having two codes running simultaneously?

The two codes will not run simultaneously. The new code will replace the old one. The town will reference the old code when a pre-existing development is entitled to the previous rules. New developments will be subject to the new rules.

10. What is the transition plan for rural to urban services?

The proposed zoning code is unrelated to the Rural to Urban Service transition process. The rules that regulate the Rural and Urban Service Districts are separate from the town’s zoning regulations. 

11. How has the Town considered the desire of the community in these decisions?

The early stages of preparing the form-based code included a series of public participation meetings (i.e., workshops or “charrettes”) conducted throughout the town. The meetings were designed to solicit and understand the community’s desires regarding the future development of Zionsville. The consultant utilized the comments obtained in these meetings to write the proposed code. Similarly, the public hearing process for adopting the code will invite community comments. Ultimately, the decision of whether to adopt the code will rest with the town council in a public meeting.

12. Are the Town's regulations for Noise, Drainage & Stormwater being updated or affected by Form-based Code?

The following citations are not being updated with this specific code update. Please see below for references to current Noise, Drainage & Stormwater standards.

• Rural Service - Noise:  § 17.92.03
• Urban Service - Noise:  § 92 Noise
• CHAPTER 17.53: STORMWATER MANAGEMENT

13. Section 3.17 - PUD - no buffering requirements are included in this section. We believe this is something important to add.

This section is a direct copy paste from the original code. Planned Unit Developments (PUD) are each a unique, stand alone zoning that has specific standards crafted for each specific PUD rezoning. Buffer yard standards are crafted in just the same unique way during the rezone process of the PUD.  

14. Invasive species (page 225-226) - how will this be handled?

1. Add flowering pear, Euonymus, Honeysuckle and Privet to the Invasive Species List. 
2. Add Tupelo or Black Gum to the Recommended Species List “deciduous canopy trees.” 

Staff will take this under advisement. Please note that Staff will be keeping a list of most current recommended/prohibited species as a stand alone document to supplement this “frozen in time” list per Section 9.10 (B) and (D) [page 225]