Zoning and Commerical Development

Knoll, Kolger, Sowers & Metzger routinely represents petitioners before the various zoning bodies within Wayne County and its communities. We normally do not represent persons wishing to remonstrate against zoning petitions.

Generally speaking, zoning is the practice of designating permitted uses for land based upon mapped zones which separate one set of land uses from another. The primary purpose of zoning is to segregate uses that are thought to be incompatible; in practice, zoning is used as a permitting system to prevent new development from harming existing residences or businesses.

Zoning may include regulation of the kinds of activities which will be acceptable on particular lots, the densities at which those activities can be performed, the height of buildings, the amount of space structures may occupy, the location of a building on the lot, the proportions of the types of space on the lot, and how much parking must be provided.

All of the local zoning bodies have a procedure for granting variances (exceptions to the zoning rules), usually based upon some perceived hardship due to the particular nature of the property in question.

An owner or prospective purchaser who contemplates a change in or intensified use of a property should consult counsel to determine whether a zoning petition maybe necessary.

Sources/links: Indiana Code - Planning and Development