§ 6-1.1-48-15 — Hearing process; issuing decision; ordinance; monitoring

(a) At a public hearing held under section
14 of this chapter, a designating body shall allow any interested
individual or representative to speak on any issues related to the
designation of the urban agricultural zone. A designating body holding
a public hearing shall also allow the filing of written comment or
objection, which the designating body must consider before approving
or disapproving a qualifying farmer's application.
(b) After considering the evidence, a designating body shall take
final action determining whether to:
(1) approve a qualifying farmer's application; and
(2) designate an area as an urban agricultural zone.
As a condition of approval, the designating body may impose
reasonable requirements upon the qualifying farmer.
(c) A designating body shall publish notice of its final decision in
a newspaper of general circulation in the municipality containing the
land that will be designated as an urban agricultural zone.
(d) As part of the approval of an application under this section, a
designating body shall adopt an ordinance or resolution to designate an
area as an urban agricultural zone.
(e) A designating body shall monitor an urban agricultural zone
established under this chapter. If a designating body finds that a
qualifying farmer or an urban agricultural zone is not in compliance
with the requirements of this chapter or as reasonably imposed in the
ordinance or resolution adopted by the designating body, the
designating body may dissolve the urban agricultural zone by
ordinance or resolution. The designating body may not dissolve an
urban agricultural zone without first issuing notice to the qualifying
farmer and holding a hearing to provide the qualifying farmer an
opportunity to be heard. Notice and a hearing under this subsection
must comply with IC 4-21.5.

Legislative History

As added by P.L.188-2021, SEC.1.