[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Zoning laws

Please help make the Manifesto better, or accept it, and propagate it!
I had met the Director, Urban Affairs, GOI, a few months ago and asked for
a copy of zonig laws prevailing in India. He expressed complete ignorance
about such laws. Without these laws we have a total mess all over urban
India. Does anyone have any info on such laws in India and if so can they
send it over? We need to look at the nitty gritty of such matters and
debate these, before India becomes a big slum. 

BTW, my wife looks after urban affairs and I look after housing in
Meghalaya, and it would be of great help to us to look into such laws. If
you know about these laws and can send over info (from any part of the
world), that would be v. useful. If you have time and can research the
internet and provide a bunch of relevant sites that would be v. useful. If
the laws are not in wordprocessed format, and you wish, you can mail the
laws to:

Dr. Sanjeev Sabhlok, IAS
Commissioner and Secretary to the Government of Meghalaya,
Departments of Housing, Arts and Culture
Additional Sectt. Building, #510
Shillong - 793 001

Below is some info on zoning from the Help section of a legal software:

>From 1994 Edition of LegalPoint.  Teneron Corporation 1-800-529-5669

Zoning Ordinances
Nearly every city has established zoning ordinances and other rules that
dictate where certain businesses may locate.  It is crucial that before you
commit to a location for your business, you make sure that the zoning
ordinances permit you to operate your business in you selected location.
Zoning enforcement officials may be able to close down your business if you
are improperly operating in an area not zoned for your type of business.
For example, your business may be engaged in light manufacturing.  The
zoning ordinances in your city will likely restrict the operation of light
manufacturing businesses from residential and commercial areas.

Determining whether an area is properly zoned is a sometimes difficult
matter.  You should begin your search by checking with your local planning
or zoning commission or city planning department.  If the office is not
listed in your local telephone book, call the courthouse or city hall.  Do
not rely entirely on the opinion of the city official given over the phone.
 You will probably need to review the zoning ordinances and the maps and
plats that define where the various zones are located.

Constructions Permits and Occupational Licenses
Even if you have solved the zoning question, you may still have a problem.
Some cities also regulate the location of businesses by the grant of
construction permits and occupational licenses.  Those matters may be
handled by a different department in your city.  Contact the appropriate
officials and determine what licenses and permits may be needed before
making any investment or committing to a given location.

Zoning Appeals Board
Even though the zoning ordinances may prevent you from operating your
business in the manner that you prefer, sometimes there is relief.  Most
cities have a board of zoning adjustment or zoning appeals board that
reviews zoning ordinances and complaints.  It may be possible to appeal to
that group for a change in the zoning ordinances or to receive a
"variance".  A variance is a kind of special permission to use property for
a specific purpose not otherwise permitted by the zoning ordinances.  That
group may also permit a "non-conforming use" in certain circumstances.  In
this case, a use that was previously permitted may be allowed to continue
following any change in the zoning ordinances that would make it otherwise
illegal.  In other words, the prior use is "grandfathered" because it would
be unfair to take away the right to use the property in manner previously

Conditional Use Permits
Most zoning ordinances require "conditional use permits" in certain cases.
This means that even though the intended businesses is proper for the zone
that you want to locate in, an extra permit is still required.  For
example, you may desire to establish a recycling business that will
generate noxious fumes or waste in an industrial area.

Home Businesses
Remember that zoning ordinances and permit rules apply even if you operate
your business from home.  If you live in an area that is mostly single
family homes, it is likely the local zoning ordinances prohibit most home
businesses.  Many times, neighbors upset about increased traffic flow or
the risk of lower property values will ask zoning officials to shut down
your home office or home business.  To avoid this problem, make sure that
you are operating within the zoning ordinance and that you have all the
requisite licenses and permits.

This is the National Debate on System Reform.       debate@indiapolicy.org
Rules, Procedures, Archives:            http://www.indiapolicy.org/debate/