Posted by , on September 12, 2016
In Indiana, as a condition to the approval of a petition to rezone property, a request for a variance, or a request for a special exception, a property owner may be allowed or required to make a commitment regarding the use or development of the property that is the subject of the petition. Commitments may be used or agreed to by a property owner to address concerns voiced by neighboring property owners or the plan commission.
In Tippecanoe County, the plan commission allows commitments for certain purposes, including the following:
- commitments that limit uses for a property that otherwise would be permitted by right;
- commitments that increase the minimum number of required parking spaces;
- commitments that reduce the number and/or size of permitted signs on the property; and
- commitments that reduce the maximum permitted size or height of a building.
The commitment must be in writing and, if approved, is recorded in the public records in the county where the property is located. Recorded commitments that have not been terminated are binding upon the current owner of the property and all subsequent owners.
Commitments can be modified or terminated by filing a petition for modification or termination with the plan commission. The request for modification or termination will be heard and voted upon at public meetings in the same manner in which the commitment was heard and voted upon.
RTS attorneys have represented and advised clients with regard to rezoning petitions, petitions for special exceptions and variances, and the use of commitments. Contact an attorney to discuss your zoning needs and questions.
**Reiling Teder & Schrier, LLC is an Indiana Limited Liability Company. The information contained in this website has been prepared by Reiling Teder & Schrier, LLC for informational purposes only, and is not legal advice. The information on this website should not be relied upon to make any decision, legal or otherwise. If you have any specific questions or inquiries regarding any of the information contained in this website, you should consult with an attorney licensed in your state. The information contained in this website pertains only to matters of Indiana law and the laws of other states may be completely different from the laws of the State of Indiana.