Sec. 15. (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:

Terms Used In Indiana Code 6-1.1-48-15

  • designating body: refers to the legislative body of a municipality. See Indiana Code 6-1.1-48-3
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • municipality: has the meaning set forth in IC 36-1-2-11. See Indiana Code 6-1.1-48-5
  • qualifying farmer: means an individual or entity that is one (1) of the following:

    Indiana Code 6-1.1-48-8

  • urban agricultural zone: refers to an area designated under this chapter as an urban agricultural zone within which a qualifying farmer:

    Indiana Code 6-1.1-48-11

(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.

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