§ 8-23-1-43 — "Unzoned commercial or industrial area"

Indiana § 8-23-1-43

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 1: Definitions

Text

(a) "Unzoned commercial or industrial area"
means an adjacent area not zoned under state or local statute, rule, or
ordinance on which there is located one (1) or more permanent
structures for commercial or industrial activities other than a sign or
upon which a commercial or an industrial activity is actually
conducted, whether or not there is a permanent structure located upon
the adjacent area, and the area:
(1) extending six hundred (600) feet beyond the edge of the
commercial or industrial activity as determined under subsection
(c); and
(2) located along either side of an interstate or a primary highway.
The term does not include land contiguous to an interstate or a primary
highway that has been designated as scenic by the state.
(b) The term does not include the following areas:
(1) Within three hundred (300) feet of a building used primarily
as a residence, unless the owner of the building consents in
writing to the particular commercial use.
(2) Within five hundred (500) feet of the following:
(A) A public park garden.
(B) A recreation area or forest preserve.
(C) A church or school.
(D) An officially designated historic battlefield, museum, or
historical monument.
(E) A safety rest or recreation area, publicly owned, controlled,
and maintained under 23 U.S.C. 319.
(F) A sanitary or other facility for the accommodation of
motorists, publicly owned, controlled, and maintained under 23
U.S.C. 319.
(3) Within seven hundred fifty (750) feet of a strip of land in
which an interest has been acquired by the state for the
restoration, preservation, or enhancement of scenic beauty that is
publicly controlled and maintained under 23 U.S.C. 319.
(c) Distance from a commercial or an industrial activity described
under subsection (a):
(1) must be:
(A) measured from the outer edges of the regularly used
building, parking lot, storage areas, or processing areas of the
commercial or industrial activity; and
(B) parallel to the edge of the pavement of the highway; and
(2) may not be measured from the property line of the commercial
or industrial activity, unless the property line is located on an area
described in subdivision (1)(A).

Legislative History

As added by P.L.18-1990, SEC.201. Amended by P.L.61-1996, SEC.11.