Land Use & Zoning

1. Land Use & Zoning From A to Z

2. A: Agricultural Uses • Urban and rural agriculture • Small farm to large confined animalfeeding operations • Right to Farm • Some large agricultural operations are more like industrial uses • Need to consider on-site retail, processing, etc. uses • Accessory buildings are generally allowed to be larger than primary structure • AG zones Generally allow for residential serving the agricultural use

3. B: Board of Zoning Appeals • Quasi-judicial body: makes judgments that can’t be challenged except in court • Number of members and terms established in IC 36-7-4 • Authority established in IC 36-7-4 • Have jurisdiction over special exceptions in Indiana (not all states) • Hear variances (use and development standards), special exceptions, and administrative appeals • Need to avoid ex-parte communication with BZA members • Conflict of interest

4. C: Commercial Uses • Retail • Professional services • Other services • Offices • Restaurants • Gas stations • Service stations • Wholesalers • Food trucks

5. D: Development Standards • Regulations of development • Typically include minimum yards, setbacks,height • May include roof pitch, roofing materials, building materials, building articulation, minimum number or location of windows • Also includes landscape standards, drainage standards, sidewalk and driveway standards, parking standards

6. E: Easement • A right to cross or otherwise use someone else's land for a specified purpose • Units of government and utilities typically have easements • Many are platted at the time the subdivision is platted • Some are done through legal instruments outside of the plat; all are recorded in the deed • Individuals may have easements (shared driveways, driveway crosses another’s property) • Property owner generally maintains the property

7. F: Filing • Paperwork that needs to be completed inorder for a building permit, variance, subdivision, or rezoning • Specific requirements are found in the local zoning ordinance • Some communities allow electronic filing, many do not • Typically requires consent of the owner if submitting for someone else • May require drawings, legal descriptions, etc.

8. G: Grandfathered • Existed before the regulation prohibiting it waspassed • Allowed to continue to exist because it pre-dated regulation • May not necessarily be allowed to be improved, enlarged, or replaced

9. H: Health, Safety, Welfare • The premise for regulating land use through zoning • Comes out of public health and safety concerns of overcrowding in urban cores pre-sanitary sewers • Also related to fire protection • Broad interpretation is sometimes used

10. I: Industrial Uses • Manufacturing • Assembly • Warehousing • Distribution • Research facilities

11. J: Jurisdiction • Municipality – city or town • County • Planning jurisdictions in Indiana may be cities, towns, or counties. Townships do not have planning and zoning authority. • In some cases (extra-territorial jurisdiction) a municipality may exercise planning and zoning authority outside their corporate limits.

12. K: Who Knows? • Nothing starts with K 

13. L: Land Use Classification • Residential • Commercial • Office • Light Industrial • Heavy Industrial • Public/Institutional • Open • Agricultural • Planned Unit Development May be called different things in different places

14. M: Mixed Use • Vertical – more than one use (usually commercial, office, or parking and residential) in the same building/structure • Horizontal – more than one use in a single development or defined neighborhood

15. N: Notice • Notice is required for most planning and zoning functions, most require a publichearing • Notice standards are in IC 5-3-1 • 10 days before the hearing • Newspaper of greatest circulation • Date/time/location where hearing will be held • Location where plan/information can be reviewed before the hearing • Contact for reasonable accommodations • Where comments can be submitted in writing before the hearing • Affidavit of publication needed • Some functions require notice by certified mail

16. O: Overlay District • An additional set of standards on top of (notreplacing) the base district standards) • Generally apply in special areas like corridors or historic districts • Subject to the same processes as base districts – can seek variance, etc.

17. P: Plan Commission • Advisory body (even for an Area PlanCommission) • Makes recommendations to the Council (or Commissioners) on: • Rezoning • Planned Unit Development (special kind of rezoning) • Adoption of new ordinances • Adoption of a comprehensive plan, thoroughfare plan, etc. • Makes decisions on subdivisions • Decisions may be appealed to the Board of Zoning Appeals

18. Q: Quality of Life • The factors that make a place a good place to live, work, play, learn, and worship • Sometimes intangible like neighborliness, cleanliness, community spirit (pride) • Also tangibles • Quality schools • Places to walk and bike safely • Trees • Close to places to shop, restaurants • Differs from neighborhood to neighborhood, community to community

19. R: Residential Uses • Single family (attached or detached) • Multi family • Apartment (type of structure) • Condo (type of ownership) • Accessory dwelling units

20. S: Subdivision Control • Ordinance regulates how land is divided • When a SCO is in place the Plan Commission has exclusive jurisdiction over platting and land division • Major and minor subdivisions • Administrative subdivisions • Purpose is to provide adequate access to parcels and ensure parcels are able to be developed • Also established the standards for infrastructure

21. T: Timelines • Established in zoning and/or Subdivision Control Ordinance. • Set deadlines for: • Filing • Notice • Staff review • Hearing • Action

22. U: Use Variance • Allows a change of use on a site without rezoning to another zoning classification. • Not the same as a special exception. • Change runs with the land, not the owner. • Decision by the Board of Zoning Appeals. • Only review is by the courts. • Must meet standards set forth in state code and any local standards. • Some communities do not allow for use variances.

23. V: Variance of Development Standards • Reviewed by the Board of Zoning Appeals • Decision is final unless court review • Allows a change (lessening) of the standardsfor a project • Has to meet standards for a variance set forth in state code and any additional local standards

24. W: Waivers • Subdivision standards may be “waived” bythe Plan Commission. Waiver is not the sameas a variance. • Generally apply to standards like: • Street width • Curbs • Sidewalks • Drainage • Process not really established in state code, each jurisdiction has a different approach

25. X: Xenophobia • Fear of change or “the other” • Shows up as NIMBY (not in my backyard)or BANANA (build absolutely nothing anywhere near anything) or CAVE people (citizens against virtually everything). • These are the people who remonstrate at hearing without strong arguments for their position

26. Y: Yards • Front, side, rear • Setbacks are established • Setbacks determine the “buildable area” of the lot • When a yard abuts a street it is generally considered a “front” yard and must meet front yard standards • Fence height is typically limited in front yards

27. Z: Zone Change/Rezoning • Change from one zoning district to another • Public hearing is required • A legislative act – recommendation fromthe Plan Commission, final approval by Council (Commissioners if County) • No appeal • Most communities do not allow you to resubmit for at least one year