(A) Introduction.
(1) For documentation of issues addressed in this chapter, see Jennings County Comprehensive Plan, Chapter VI: “Land Use,” November 1, 1994.
(2) Changes in zoning in an agricultural district shall require a record of covenant between the original owner and the new owner stating that the property is in a predominantly agricultural area, and all farming operations (including but not limited to livestock and field crop operations), as described in this chapter, may continue to be practiced in the district. The new owner (on behalf of himself or herself and all future owners and occupants of the property) shall waive the right to bring claim against any farmer or agricultural producer for the practice of any reasonable or necessary farming or livestock activity, including existing uses or new practices. All such agreements, covenants and restrictions shall be transferred to future owners and occupants of the property, and shall be binding upon the applicant and the applicant’s successors in interest.
(B) Establishment of Agricultural Zoning District. The following agricultural zoning district is established in the county, and is abbreviated as indicated. Land within the county is classified, divided and zoned into said district as designated on the zoning maps, which maps are attached hereto, incorporated herein by reference and made a part of this chapter.
Agricultural District | Abbreviation |
Agricultural | AG |
(C) Agricultural regulations.
(1) Agricultural operations. It is the intent and policy of the County Area Plan Commission that individual farmers be allowed to perform any and all activities necessary to support the operation of their farms without unnecessary and burdensome regulations. Therefore, any development which is proposed within or adjacent to an Agricultural District is expected to acknowledge and accept the character of the nearby agricultural operation and its accompanying activities without claim of nuisance.
(a) The individual farmer shall be allowed all activities necessary to support the production of crops and/or livestock within the Agricultural District.
(b) With regard to the storage of agrichemicals, the farmer shall be allowed to store any chemicals necessary to support agricultural activities within the Agricultural District, so long as the farmer does not engage in the retail sale of said chemicals.
(c) An agricultural parcel can be subdivided to accommodate a residence for a family member without submitting a plat.
(d) A division of land for agricultural purposes into lots or parcels of ten acres or more and not involving a new street shall not be deemed a subdivision, however, these lots or parcels shall meet the residential standards for lot width to depth ratios. (See § 154.051 “Residential Zoning.”)
(e) Roadside stands for retail sale of agricultural produce shall be permitted so long as the goods sold are locally produced.
(f) Agricultural buildings are exempt from a building permit, if they are being used for agricultural purposes only. Buildings located on less than ten acres are required to obtain a building permit, regardless of use. (Reference I.C. 22-12-1-2 for definition of “Agricultural Purpose.”)
(2) Confined feeding operations.
(a) A confined feeding operation is the confinement for any period of time of livestock or fowl, whether open or enclosed, to any area less than required in the following schedule:
Class of Livestock | Lot Area (Sq. Ft. per Animal) (1) |
Shed (Sq. Ft. per Animal)
|
Class of Livestock | Lot Area (Sq. Ft. per Animal) (1) |
Shed (Sq. Ft. per Animal)
|
Beef breeding cows | 100 | 80 |
Commercial flock per hen | 8 | 4 |
Dairy cows | 250 (2) | 150 |
Ewes | 60 | 30 |
Farm laying flock per hen | 12 | 6 |
Feeder calves (less than 600 lbs) | 60 | 60 |
Feeder calves (600 lbs or greater) | 80 | 50 |
Feeder lambs | 30 | 14 |
Hogs growing (40 - 120 lbs) | 10 | 6 |
Hogs finishing (100 - 255 lbs) | 24 | 12 |
Sows | 60 | 30 |
(1) For unpaved lots double the space requirements. (2) Double lot size for complete confinement (no exercise lot). | ||
(b) Confined feeding operations as defined herein shall be operated in compliance with I.C. 13-18-10 and all applicable laws and regulations of the state.
(c) Confined feeding operations shall be located no less than 1,000 feet from any residential zoning district, nor less than 1,000 feet from any existing residence in an agricultural zoning district.
(3) Junk automobiles (vehicles). Vehicles not in operating condition and parked at a residence more than 30 days may be removed from the property with the notification by certified mail to the vehicle owner. These vehicles will be towed at the owner’s expense to a holding area for 30 days and then disposed of to a legal salvage yard. Notification and removal will be under court and police supervision. A show cause hearing will not be held for these violations.
(4) Mobile home. (See the Jennings County Comprehensive Plan Chapter III “Housing” and Chapter VI “Land Use Patterns” for documentation of issues addressed.)
(a) A mobile home or manufactured home which is less than 15 years and exceeding 600 square feet of occupied space may only be placed on real estate owned or being purchased by the applicant, or owned by an immediate family member and must contain no less than one acre in area, with 150 feet frontage onto a county road, with a minimum set back line of 50 feet from property line (75 feet from center of county road) and with a side line set back of 25 feet. Only mobile homes having sleeping accommodations, a flush toilet and tub or shower bath shall be occupied by applicant as living quarters. Mobile homes must be placed in accordance with Council of American Building Officials (CABO) One- and Two-Family Dwelling Code, Appendix A. A skirt must be erected around the bottom of the mobile home. The sewage (septic) disposal system for the mobile home must be approved by the County Department of Health. Upon satisfaction of these requirements a certificate of occupancy must be obtained from the Director of the Area Plan Commission.
(b) A mobile home or manufactured home constructed after January 1, 1981 and more than 15 years old shall receive a certificate of occupancy from the Director of the Area Plan Commission if it is inspected by the County Building Inspector or an inspector certified by the Department of Housing and Urban Development and the inspector certifies, in writing, that it is suitable and safe for living and meets all of the other requirements above, except the age requirement. In the event that the permit is denied under this division (C)(4)(b) the applicant may apply for a variance under this chapter.
(5) Unnecessary clutter. No one shall be permitted to heap, litter or strew in a confused and disorderly manner, any materials or objects on property owned, leased or rented for agricultural purposes.
(6) Yard sales. Each residential household is permitted three yard (garage) sales per calendar year, not to exceed three days each. Time established will be sunrise to sunset, and items not sold must be cleared from the premises within a 24-hour period.
(Ord. passed 9-1-2006; Ord. 04, 2008, passed 6-23-2008; Ord. 2021-03A, passed 3-18-2021) Penalty, see § 154.999