Zoning laws are key to smart urban planning. They help ensure, for example, that people don’t have to live too close to the noise and pollution of factories.
But there’s also no question that zoning laws can infringe on personal freedom. They limit an owner’s ability to use their property as they see fit. And when it comes to planning a use for a property, in many cases, the owner has a better sense of what will work than lawmakers did years earlier when they wrote a zoning law.
For this reason, commercial property owners sometimes request a variance — a waiver that allows them to legally get around zoning laws and proceed with their plans.
Types of zoning
In Indianapolis, zoning issues are governed primarily at the county level. Marion County sets out zones for residential and commercial areas. These are further divided into areas for parks, central business districts, airport, hospitals, universities and industrial areas, and there are also zones for uses such as churches and schools.
In addition, zoning laws also deal with special designations with their own requirements, as with historic districts. Zoning can also play a part in certain environmental laws, as when certain areas require flood planning and protections for local drinking water.
Requesting a variance
Generally, property owners must petition before they subdivide land, make major changes to a site, change the use of a site or build a new development. If their changes vary from the applicable zoning law, they must petition for a variance.
This process can take several months. For a rezoning, owners must go through multiple hearings even before they take their case to the City Council.
While all this is time-consuming and frustrating, it’s not impossible. It’s wise to seek out help from professionals with experience in real estate law.
