Zoning and permits – Considerations for your small business.

Small businesses everywhere are competing with national chains and big box stores.
Something that has set small businesses apart from their competitors are special events they host
that connect them to the community. You may have seen small businesses in your area hosting
seasonal celebrations with music or performances. Before you decide to try your hand at hosting
a special event, make sure you’re properly zoned and permitted.

Zoning regulations and laws govern how land can be used in a particular area. They
determine what kinds of buildings can be constructed, how they can be used, and what activities
are allowed to take place on the property. Before opening a business, it is important to consider
local zoning regulations and come up with a plan to comply. If you fail to comply, it could result
in legal action. Recently, a winery located in Hancock County was sued by the Town of
McCordsville for alleged violations of local zoning laws. The winery was known to host a
variety of special events and outdoor concerts on the property spanning the last several years.
The lawsuit alleges that the winery failed to obtain the proper zoning or permit to host such
events. It is critical to comply with local ordinances to protect your business and yourself from
legal action.

Each zoning district contains regulations for compliance, permitted uses, and special
exceptions. For example, Shelby County’s agricultural district is intended to reduce conflicts
between residential and agricultural land uses by limiting development in areas with minimal
infrastructure. Here, permitted uses include farms, wineries, farmsteads, solar energy production,
etc. Compare this to the business neighborhood district, intended to permit the development of
traditional, mixed-use neighborhood areas and protected from non-neighborhood serving
commercial uses. Permitted uses include various types of residential dwellings, as well as
restaurants, day care facilities, certain types of retail, and more.

Outside of zoning considerations, it is important to understand what kinds of operating
permits might be necessary for the intended use of a property. For example, under Indiana law, a
regulated place of amusement or entertainment must obtain a permit from the Indiana
Department of Homeland Security before it can be used for an amusement or entertainment
purpose. Ind. Code § 22-14-3-5. A regulated place of amusement or entertainment is defined
under Indiana law at section 22-12-1-23. Common examples include, but are not limited to, a
theatre, opera house, movie theater, dance hall, night club with a stage or floor show. Id.

Make sure your business covers all of its bases by researching the local zoning
ordinances before deciding on a location or hosting an event. If you have questions about zoning
or obtaining the proper permit for your business or special event, reach out to one of our Indiana
real estate attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or
legal opinion of any specific facts or circumstances. The contents are intended for general
informational purposes only, and you are urged to consult your own lawyer on any specific legal
questions you may have concerning your situation.