§ 36-7-4-616 — Zoning ordinance; agricultural nonconforming use

Indiana § 36-7-4-616

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

(a) The definitions used in this section
apply only to this section.
(b) As used in this section, "agricultural use" refers to land that is
used for:
(1) the production of livestock or livestock products, commercial
aquaculture, equine or equine products, land designated as a
conservation reserve plan, pastureland, poultry or poultry
products, horticultural or nursery stock, fruit, vegetables, forage,
grains, timber, trees, bees and apiary products, tobacco, or other
agricultural crops, in the case of land that was not subject to a
comprehensive plan or zoning ordinance before the most recent
plan or zoning ordinance, including any amendments, was
adopted; or
(2) agricultural purposes as defined in or consistent with a
comprehensive plan or zoning ordinance that:
(A) the land was subject to; and
(B) was repealed before the adoption of the most recent
comprehensive plan or zoning ordinance, including any
amendments.
(c) As used in this section, "agricultural nonconforming use" means
the agricultural use of land that is not permitted under the most recent
comprehensive plan or zoning ordinance, including any amendments,
for the area where the land is located.
(d) An agricultural use of land that constitutes an agricultural
nonconforming use may be changed to another agricultural use of land
without losing agricultural nonconforming use status.
(e) A county or municipality may not, through the county or
municipality's zoning authority, do any of the following:
(1) Terminate an agricultural nonconforming use if the
agricultural nonconforming use has been maintained for at least
any three (3) year period in a five (5) year period.
(2) Restrict an agricultural nonconforming use.
(3) Require any of the following for the agricultural
nonconforming use of the land:
(A) A variance for the land.
(B) A special exception for the land.
(C) A special use for the land.
(D) A contingent use for the land.
(E) A conditional use for the land.
(f) Notwithstanding subsection (e), this section does not prohibit a
county, a municipality, or the state from requiring an agricultural
nonconforming use to be maintained and operated in compliance with
all:
(1) state environmental and state health laws and rules; and
(2) requirements to which conforming agricultural use land is
subject under the county's comprehensive plan or zoning
ordinance.

Legislative History

As added by P.L.113-1998, SEC.1. Amended by P.L.106-1999, SEC.2.