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Planning and zoning are local land use functions in Indiana. However, state and federal laws and regulations can preempt, or overrule, local laws and ordinances in two ways. Express preemption occurs when a state or federal law explicitly states that a county cannot regulate a particular subject matter. ZONING REGULATION VERSUS STATE REGULATION - IN.gov in.gov ? isda ? files ? State_vs._Local_Auth... in.gov ? isda ? files ? State_vs._Local_Auth...
Rezoning essentially means redrawing the map to include your property in a different zone, and it can be a difficult process. Fortunately, there are some alternatives to rezoning that may be easier to pull off.
A variance of development standards petition is required when a property owner wants to build something that does not meet the standards of the applicable zoning ordinance. This may be related to dimensional criteria such as lot size, frontage, access, height, size, setback, parking, or loading open space.
How Can I Get Around a Zoning Ordinance? Request a Zoning Variance: A zoning variance, as previously stated, is a request for an exemption to the zoning restrictions. ... Rezoning: The rezoning process is the process of shifting a property's authorized use from one zone to another. Ultimate Guide to Zoning and Land Use Laws - LegalMatch legalmatch.com ? law-library ? article ? ulti... legalmatch.com ? law-library ? article ? ulti...
1 Property: Generally this designates a zoned area where only Single Family esidences are allowed. 2 Property: Generally this designates an area where single family and 2 family residences are allowed. An example would be a duplex. Zoning Terms / Newton County, Indiana in.gov ? topic in.gov ? topic
Typically, a rezoning petition must follow a three-step hearing process: the hearing examiner, the Metropolitan Development Commission (MDC), and the City-County Council. An approval petition usually follows a two-step hearing process: the hearing examiner and the MDC. Rezoning Petition - indy.gov indy.gov ? activity ? rezoning-petition indy.gov ? activity ? rezoning-petition
Applications for rezoning must be filed with the Area Plan Department by the established cutoff date. The application, or a letter of authorization, must be signed, before a notary, by the legal owner of the property (notarization is provided free of charge by the Area Plan Office).
Every area is unique when it comes to zoning. Cities, towns, and counties each have their own specifics on land-use rules and procedures. There is no way to rezone a property without careful consideration and consultation with your area's overseeing body, such as the municipal planning and building department.