Fall Creek Township Residents Question Zoning Regulation Authority Under Fishers Control

Geist residents in Hamilton County could find themselves feeling like they’re lost in the Twilight Zone, literally, as issues involving zoning regulations for Fall Creek Township (FCT) residents — and who has the power to dictate those regulations — comes into question.

The issue at hand: A document called the Joinder Agreement, which represents a transition of zoning responsibility made back in 2005. The document itself has been a point of contention for members of the Fall Creek Township Board, the Fall Creek Trustees, and residents that have been directly impacted by it.

The Joinder Agreement was drafted at a time when zoning authority for Fall Creek Township was transferred from Noblesville to Fishers. This document allows Fishers to annex land contiguous to its corporate limits within FCT and to administer building permits and other planning duties once held by Noblesville.

Mike Reuter, President of the Fall Creek Township Board, explains: “At that time, Noblesville did not see residential development as part of their overall plan. They were growing rapidly, so it made sense to hand over that responsibility to Fishers. The motion to transfer this zoning regulation also included grandfathering in all the existing zoning as it applied to residents in the Township,” he said.

The grandfathering language, however, was made as a motion (and included in the meeting minutes), but was never actually included in the Joinder Agreement document, Reuter said. So when the document was originally introduced to be signed, the 2005 FCT Board Members declined to sign it.

Joe Weingarten, who lives in Ashford Pointe and is active in the Geist United Opposition group, offers his view on this issue.

“Basically, what all this means is that Fishers is now in charge of zoning services for our residents when Hamilton County should be doing it. This Joinder Agreement has never been signed, yet Fishers has been overseeing our zoning and using their zoning laws, not county zoning laws, when regulating us,” he said.

Doug Allman, an unincorporated homeowner in Fall Creek Township, sees the current zoning situation as detrimental to the community. “Zoning regulations are supposed to protect the citizens of a community, but the way they are being handled now serves to help the developers,” he said.

Allman gave the example of a hypothetical landowner who, by county standards, might own property that is zoned as “A1.” “This is an agriculture zone, which means that the owner could be raising pygmy goats, and could have been for years. But under the new zoning regulations by Fishers, this owner would be violating these regulations and wouldn’t have had a say in the matter at all,” he said.

Terry Michael, FCT Trustee, explained how this situation came to the attention of city and township officials.

“I was asked by the Town of Fishers to provide a signed copy of the Joinder Agreement last fall. At that time, I informed them that I did not have a signed agreement,” he said. “I then notified Cities of Noblesville and Fishers, city and township lawyers and board members, and attorneys involved with annexation. So as far as I’m concerned, no Joinder Agreement actually exists.”

Because of this full disclosure, the last six months have been filled with meetings and discussions between lawyers and officials of the parties concerned. In theory, this zoning issue concerns those that are in the unincorporated, non-subdivision of FCT (which involves approximately 1,200 parcels, or 5-8 percent of FCT residents).

“This group is wanting to make sure their rights are protected,” said Michael. “I am of the opinion that whatever that group wants, and whatever is legal, that is what should be done.”

Michael said that the people in incorporated FTC should not be affected by this issue, as they are grandfathered in. “If residents in incorporated Fall Creek Township are having issues with obtaining permits, I can take care of it,“ he said. “But I can’t fix what I don’t know about, and to fix these problems is my job. So anybody facing a problem needs to contact me,” he said.
As for the current status of the Joinder Agreement? Michael said he anticipates public, informal meetings to be held sometime in mid-May, at which point representatives of Fishers, FCT Township, a Township board member, and additional appropriate parties will be on-hand to entertain questions and feedback from attendees. All residents of the unincorporated, non-subdivision of FCT will receive a postcard in the mail announcing this meeting.
In the meantime, Michael stated that if any resident is facing a zoning issue, they should call him directly at 841-3180.

Editorial note: An attempt was made to obtain attorney comments for the Town of Fishers, however appropriate parties were unavailable at press time.