Zoning or Non-conforming use in Indianapolis?

Question

I have my eye on two different properties in Indianapolis.  Both have non-conforming uses (one has two houses on a lot that is slightly smaller than the required single family size, the other is a SFH divided into 3 units on a lot that allows duplexes but again the lot size is too small). Does anyone have experience with getting variances or with non-conforming uses being allowed to fly under the radar? I would purchase with cash and keep either one for a while, but I don't want to run into issues should I decide to sell.

Micki M. · Answer

Thanks @Lee Smith I was trying to not bug you about EVERYTHING all the time :)  Woodlawn is the triplex.

Micki M. · Answer

@Rusty Scott I looked up the zoning usage and requirements for both lots to see if the current setup was allowed.  (Steve L. that's where I got the info that raised the question).  It's always a catch 22 with these situations, going to the zoning board to ask the question may cause a problem that wouldn't have arisen if I just carried on as usual. I was hoping to get a feel for how receptive the Marion County zoning board is to this kind of stuff.  Thanks everyone.

Account Closed · Answer

Micki M.

Here is a link for Indianapolis zoning. You can start your research from this link.

http://www.indy.gov/eGov/City/DMD/Planning/Zoning/...

Rusty Scott · Answer

I'd wager heavily that it never comes up. It would likely take someone complaining to the zoning board about it. At which case you'd have to file for a variance. Variance would likely be approved unless neighbors show up to oppose it.

I can give you more info on pm if you like.

David Krulac · Answer

Micki M.

Check with the zoning department.  If both of those situations are "pre-existing" or what some people called "grandfathered", they are usually allowed to remain without any further expansion, like adding more units etc.

However, if the second building or the 3rd unit were constructed without a building permit, all bets are off and an "unpermitted" unit or use may not be allowed to continue in many jurisdictions.

Both the question of pre-existing and permitted uses should be asked of the city zoning department.

And you may also find that insurance and lenders are not willing to work with sometimes either of these situations.

We have successfully gotten variances here in PA, but the procedures are governed by state law and local ordinances.  In my experience when nobody complains about a variance, we usually get it, and when people complain we do not.

Rusty Scott · Answer

Curious...how did you find out they were non-conforming?

Lee Smith · Answer

I've only ever heard of one guy who had issues with this type of thing.. In the end he went down to the city and searched through the records and found documents which showed the properties were duplexes or triplexes before the zoning was enacted. Thus he was grandfathered.. I know the two house deal you are talking about, those houses are both old. Not sure which is the triplex. Shoot me a note about it and I'll take a look.

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William Jenkins · Answer

I have probably dealt with over 200 jurisdictions over the years on various zoning matters although I have never worked in that particular county.

I would highly suggest that you confirm the zoning with the County before you close on the property.  There is probably a very low chance that there will be any issues, but why would you take the chance?  This is such a small property in such a large County that I doubt you would be "drawing any unnecessary attention." unless something was truly off.

William Jenkins · Answer

I have been involved with zoning on the development side now for about 10 years.  If the buildings you describe were built legally when they were constructed (properly permitted or built at a time when there was no zoning or permitting), then they are considered a legal non conforming use.  Typically these buildings would be allowed to remain "as is" regardless of ownership unless the property was redeveloped.  This relates to the actual physical building structure.

You will also have use restrictions for the zoning district that the properties are in.  You will need to make sure multi family uses are permitted in that district.  If they are not then you will need to obtain a variance from the city for that use via the board of adjustment.

Regardless I would suggest writing an offer contingent on zoning approval/verification and then meeting with the city to discuss these issues.  I doubt they will give you any issues from what you have described.

This is not legal advise.

Eric Bowlin · Answer

Usually these uses are grandfathered as zoning didn't really come around until pretty recently (60s I think?). Grandfathering generally is good until you do major work or change its use... We would call it "legal, non-conforming" So you should not require variances. At least that's how it works in my experience.