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Real Property for Indiana Paralegals

Agricultural

As might be expected, these zones deal with farming and related uses of land. The purpose of the Agricultural Zone is:

[T]o allow Agricultural Uses in accordance with the Comprehensive Plan, to preserve prime agriculture land, to conserve the desirable characteristics of the land, and to protect rural/agricultural areas from the encroachment of scatter urban-type uses and the detrimental economic impacts of urban sprawl. Areas zoned to the A: Agricultural District are those areas being used for agricultural activities, flood plain, natural areas and other rural uses, located beyond the periphery of the incorporated municipalities where intensive urban or suburban uses are not anticipated.[1]

With that said, there are some 14 primary uses[2] of that zone, including farms, golf courses, libraries, public parks, religious uses, schools, vet clinics, and an additional 21 special uses,[3] including adult care facilities, airports, bed and breakfasts, boarding schools, clubs, gun shops and gunsmith shops, material and mineral mining, police stations, and various recreational uses, etc. Many of these uses (and indeed, uses in most zones) are subject to certain development standards. For instance, archery ranges may only be located on a parcel that is no less than ten (10) acres in size. Moreover, like most zoning codes, the “A” zone specifies certain minimum setback requirements, which means the amount of land which must exist between a building and the edge of a lot or road. For instance, a building in the “A” zone in St. Joseph County must be at least 40’ from a state or federal highway.

[1] St. Joseph County Zoning Ordinance, § 154.090.

[2] The main purpose of the district, not requiring zoning permits.

[3] Uses which may exist in a zone, but which require obtaining a permit first.