Zoning Planning & Land Use Law in Indiana

The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Charlestown, Indiana can sometimes be a bit difficult. This article will not make its reader an expert, but should serve as a good introduction to the subject.

"Zoning" refers to a set of laws and regulations which state what use can be made of land in different parts of a city or county. Typically, localities are divided up into "zones," which are designated for particular categories of use, such as single-family residence, business, manufacturing, etc.

There are various different reasons that cities might engage in zoning - but it is normally designed around making cities more livable, by preventing conflicting uses from clashing with one another. After all, few people would want to live in a house next to a vacant lot, if there is a chance that somebody could decide to build a pig farm next door. The security provided by zoning laws helps uphold property values

Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more useful by helping it prevent costly nuisance lawsuits.

Possible Outcomes of Boundary and Title Disputes in Charlestown, Indiana

If something on your property is in violation of a Charlestown, Indiana zoning law, the landowner has many avenues.

The most noticeable solution is to correct the problem, so your property is no longer in violation of local zoning laws. If the violation is minor, and correcting it would not be extremely costly, this is likely the ideal way to go.

However, it isn't always practical or affordable to correct a minor violation of a zoning law. For instance, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Charlestown, Indiana's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a certain provision of a zoning law to a single violation. These aren't always granted, but typically have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.

Moreover, if you have been residing on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your prevailing use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

What Can A Charlestown, Indiana Attorney Do?

If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning disagreement will be markedly improved if you hire an accomplished Charlestown, Indiana real estate attorney to help.