Fishers adopts ordinance to protect homeowners

The Fishers Town Council on October 29, 2008adopted an ordinance intended to protect Fishers and Fall Creek Township citizens from the risk of harm to property values if a pending referendum seeking to terminate the joinder with Noblesville is passed in next Tuesday’s election.

The referendum, which is Question #2 on the ballot, states, “Shall the township withdraw from joinder with the City of Noblesville, for planning and zoning purposes.”

In 2005, Noblesville assigned its joinder agreement with Fall Creek Township to Fishers. The assignment effectively transferred to Fishers the responsibility for zoning and planning of the areas of Fall Creek Township that are located outside the Town limits.

The referendum seeks to terminate the joinder, which raises the significant possibility that without intervention, there could be a period of time with no zoning protection for the contiguous unincorporated areas of Fall Creek Township.

Town of Fishers Attorney Doug Church said, “The risk of having no zoning is too great to leave unattended. Junk yards, low quality, high density housing and other uses that would compromise the integrity of existing neighborhoods are all the kinds of things that could result from having no zoning protection.”

The ordinance adopted tonight by the Town Council provides specifically that if the referendum passes, the Town of Fishers will take immediate steps to exercise a two-mile planning and zoning jurisdiction in the contiguous unincorporated areas of Fall Creek Township.

“This is a standard provision of the Indiana law that is routinely used by cities and towns in Indiana,” Church noted. “Carmel, Noblesville and Westfield are all examples of cities in Hamilton County that are already exercising the two-mile jurisdiction.”

Church also pointed out that the conclusion reached by a study committee appointed by the Fall Creek Township Trustee about county zoning is in error.

“Hamilton County does not exercise jurisdiction over zoning in Fall Creek Township and it won’t somehow automatically do so if the joinder is terminated,” said Church. “The County zoning ordinance and maps clearly show they do not include Fall Creek Township in their comprehensive plan or zone maps.”

Church also pointed out that under the county zoning code, if it did apply, there could be as many as five (5) lots per acre in the areas of Fall Creek Township outside the Town limits.

The Fishers Advisory Plan Commission will hold a public meeting November 12, 2008, at 6:30 p.m. in the Town Hall auditorium, after which they will act on the Town Council Ordinance adopted this evening.

Additional information and documents are available on the Fishers website at www.fishers.in.us.