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 Marion County, 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 a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be created next to daycare centers, pig farms should not be created in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.
On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They just seek to ensure that such activities are done in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.
Possible Outcomes of Boundary and Title Disputes in Marion County, Indiana
Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in Marion County, Indiana contains some minor zoning violation that you don't know about. If this happens to you, you have considerable legal protections.
It should be discernible that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a massive inconvenience, you should obviously do this.
Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Marion County, Indiana's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a certain zoning regulation. Typically, variances are granted when the violation is extremely minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.
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 Marion County, Indiana Attorney Do?
If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A seasoned Marion County, Indiana attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.