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 Sellersburg, 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.

Zoning laws don't exist just to protect residential use - it also protects individuals 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 Sellersburg, Indiana

Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in Sellersburg, 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 Sellersburg, 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.

Additionally, zoning ordinances cannot be applied against you retroactively. For instance, suppose you built a 3-story house on your property, and your property was zoned to allow 3-story houses to be built at the time of construction. And then, years later, the area you reside in is re-zoned, to only allow 2-story houses. Can the local government force you to remove a whole level of your house? Of course not. Applying a law retroactively is unconstitutional. On the other hand, any future changes you want to make to your property will have to comply with the applicable zoning ordinance as it is currently written.

What Can A Sellersburg, Indiana Attorney Do?

If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A seasoned Sellersburg, 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.