land use & zoning

LAND USE & ZONINGFrom A to Z

A: Agricultural Uses• Urban and rural agriculture• Small farm to large confined animal

feeding 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

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

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

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

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

F: Filing• Paperwork that needs to be completed in

order 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.

G: Grandfathered• Existed before the regulation prohibiting it was

passed• Allowed to continue to exist because it pre-dated

regulation• May not necessarily be allowed to be improved, enlarged,

or replaced

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

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

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.

K: Who Knows? • Nothing starts with K

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

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

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

O: Overlay District• An additional set of standards on top of (not

replacing) 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.

P: Plan Commission• Advisory body (even for an Area Plan

Commission)• 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

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

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

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

T: Timelines• Established in zoning and/or Subdivision Control

Ordinance.• Set deadlines for:

• Filing• Notice• Staff review• Hearing• Action

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.

V: Variance of Development Standards

• Reviewed by the Board of Zoning Appeals• Decision is final unless court review• Allows a change (lessening) of the standards

for a project• Has to meet standards for a variance set forth in state

code and any additional local standards

W: Waivers• Subdivision standards may be “waived” by

the 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

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

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

Z: Zone Change/Rezoning• Change from one zoning district to another• Public hearing is required• A legislative act – recommendation from

the Plan Commission, final approval by Council (Commissioners if County)

• No appeal• Most communities do not allow you to resubmit for at least

one year