(This week’s civic education and engagement column from Danville’s The Republican newspaper.)
Some of the most controversial issues in Hendricks County relate to how property owners use their land. Whether it’s a decision to approve a commercial project nearby property owners dislike, or someone being told they can’t build something in their backyard because it violates local zoning laws, these actions often spark public outcry and intense criticism.
In particular, actions taken by two types of government boards – plan commissions and boards of zoning appeals (BZA) – sometimes generate tremendous anger from owners and residents who disagree with those actions. Yet the roles of those bodies and the reasoning behind their decisions are often misunderstood in all the clamor. Members of both types of boards are typically selected by the municipality’s elected officials.
Towns and counties adopt zoning rules and a variety of planning documents, including what’s known as a comprehensive plan. That plan spells out how the elected officials who run the town and county envision future development. For example, they may designate land along a busy road as most appropriate for businesses like retail stores and gas stations, but limit residential neighborhoods to homes and parks. Often, there are different types of zoning for residential areas. Some might allow multifamily developments such as townhomes and apartments, while others permit only single-family homes with minimum lot sizes.
When property owners and commercial developers want to change how their land is zoned, they normally need to submit an application for review by the plan commission. When they file an application with the local plan commission, the town or county planning staff reviews the application to determine whether it’s consistent with zoning and other local requirements. Then, at a subsequent plan commission meeting, the staff presents its recommendation. The owner or their representative and any interested residents also get to share their thoughts before the commission discusses the issues and makes a recommendation to approve or deny the request.
The second body is the Board of Zoning Appeals, and its name explains exactly what it does. When a property owner wants to do something that’s currently not allowed by the community’s zoning rules, they can request a variance or a special exception from the BZA. Examples might include building a new garage that’s closer to the property line than zoning specifies or wanting to put up a taller-than-normal house addition.
At the BZA meeting, the property owner presents the request and the explanation to the members. (In some cases, the owner’s attorney or an engineering firm they hired may handle this part of the process.) Town or county staff members are usually on hand to explain the zoning requirements and tell whether they believe the owner’s request should be approved or denied. Members of the public such as neighbors are given an opportunity to share their concerns and opinions. The BZA members may ask questions of both the owners and the staff before deliberating the request. Then they’ll vote on whether to approve or deny the request.
The two boards differ in their authority. Plan commissions generally make recommendations about rezoning requests to elected officials, who have the final say. However, plan commissions have final authority over certain other matters, such as subdivision approvals. BZAs generally make final decisions about the requests they hear, although those decisions can be challenged in court. Understanding who actually makes a decision is important when residents want to express their concerns.
Because many people don’t understand how the process works, they get angry when they don’t like the results. Often, their attacks focus on the wrong people or reflect a misunderstanding of what those people are legally allowed to do. Ultimately, the purpose of both groups is to help communities manage development according to the laws and plans their leaders have established, while providing opportunities for property owners and residents to make their voices heard.