Land Use Controls and Restrictions
The hierarchy of controls
Private restrictions (covenants, conditions, easements) and public controls (zoning, subdivision rules, building codes) both apply, and the stricter one wins. Zoning is an exercise of the police power under a state enabling act; it may reduce value without being a compensable taking. In Indiana, planning runs largely through plan commissions and boards of zoning appeals under IC 36-7.
Vocabulary you must own
Zoning districts regulate use, height, bulk, and density. A nonconforming use was lawful when the ordinance passed and generally may not be expanded. A variance grants relief from dimensional or area standards because of hardship - it does not authorize a new use. A special exception or conditional use permit allows a listed use after review. Spot zoning rezones a small parcel inconsistently and is often invalid. Also know buffer zones, PUDs, downzoning, and certificates of occupancy.
Environmental and government powers
The four government powers are police power, eminent domain, taxation, and escheat. Condemnation requires just compensation; over-regulation can become inverse condemnation. Watch wetlands, floodplains and flood insurance, CERCLA liability, and historic districts.
Traps
Mixing up a variance with a special use permit. Forgetting a private covenant can prohibit what zoning permits. Assuming a damaged nonconforming use may be rebuilt larger. Treating an encroachment as an easement - a prescriptive easement needs open, notorious, hostile, continuous use for the statutory period.
Rule of thumb
If the request is "a little relief from the standards for my lot," it is a variance. If it is "a use allowed only after review," it is a special or conditional use.