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:
(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.
Structure Indiana Code
Chapter 48. Urban Agricultural Zones
6-1.1-48-1. "Agricultural Products"
6-1.1-48-2. "Beginning Farmer"
6-1.1-48-3. "Designating Body"
6-1.1-48-4. "Limited Resource Farmer"
6-1.1-48-6. "Municipally Owned Utility"
6-1.1-48-7. "Partner Organization"
6-1.1-48-8. "Qualifying Farmer"
6-1.1-48-9. "Small or Medium Sized Farmer"
6-1.1-48-10. "Socially Disadvantaged Farmer"
6-1.1-48-11. "Urban Agricultural Zone"
6-1.1-48-12. Application Requirements
6-1.1-48-15. Hearing Process; Issuing Decision; Ordinance; Monitoring
6-1.1-48-17. Property Tax Exemption; Conditions; Dissolution
6-1.1-48-18. Municipally Owned Utility; Special Benefit Taxes