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 Mishawaka, Indiana can sometimes be a bit perplexing. 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. Generally, localities are divided up into "zones," which are designated for certain 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 built next to daycare centers, pig farms should not be built 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.
Zoning laws don't exist just to protect residential use - it also protects people who engage in other types of use of land, by making sure that they are able to do their business, without bothering neighboring landowners, and thereby preventing legal disputes.
Possible Outcomes of Boundary and Title Disputes in Mishawaka, Indiana
If a condition on your property breaks the local zoning laws of Mishawaka, Indiana, there are a few different solutions.
It should be evident that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a major inconvenience, you should obviously do this.
Of course, just fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Mishawaka, Indiana's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
Also, if the zoning laws governing your property have changed, and some aspect of it is now violating the new rules, these changes can generally not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A Mishawaka, Indiana Attorney Do?
If you suddenly become involved in a zoning dispute with your local government, it's essential to seek competent legal representation. The counsel of an experienced Mishawaka, Indiana real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.
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