Sec. 43. (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

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Terms Used In Indiana Code 8-23-1-43

  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Statute: A law passed by a legislature.
(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).

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

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