Loading...
HomeMy WebLinkAbout2018-OR-77 NON-COMMERCIAL LIVESTOCK STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2018-OR- '1 7 AN ORDINANCE AMENDING THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) APPROVING UPDATES TO NON-COMMERCIAL LIVESTOCK AS RECOMMENDED BY THE PLAN COMMISSION Whereas,Jeffersonville Department of Planning and Zoning filed a petition before the Jeffersonville Plan Commission to amend the City of Jeffersonville Zoning Ordinance (2000- OR-61) as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, Whereas, on April 30, 2019 the Jeffersonville Plan Commission has certified its favorable recommendation of the enactment of this proposed zoning ordinance change by ordinance of this Common Council; and, Whereas,this matter is now before the Common Council at its regular meeting after certification of the proposed change of zoning ordinance pursuant to the provisions of I.C. 36-7- 4-608(f)(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the proposed change of zoning ordinance at the regular meeting scheduled for May 6, 2019; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by law. Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the City of Jeffersonville Zoning Ordinance (2000-OR-61) is hereby amended to update the Non-Commercial Livestock as follows: 1. To add standards for non-commercial livestock in Article 7 of the Jeffersonville Zoning Ordinance titled 7.31 Non-Commercial Livestock Standards as recommended in the staff report(a copy of which is attached as Exhibit "A"). IT IS FURTHER ORDAINED that the City of Jeffersonville Zoning Ordinance (2000- OR-61) shall be amended to include such changes. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 6th day of May, 2019. t,11:Y p� • STAFF REPORT Department of Planning & Zoning — Plan Commission FRsoN� Case Number: ZO-19-01 (Non-commercial livestock) Petitioner: City of Jeffersonville, Planning & Zoning Department Requests: Zoning Ordinance Amendment Hearing Date: January 29, 2018 Proposed Changes to the Jeffersonville Zoning Ordinance The Jeffersonville City Council has recommended the following amendment to the City of Jeffersonville Zoning Ordinance. The update includes: 1. Adding standards for non-commercial livestock in Article 7 of the Jeffersonville Zoning Ordinance titled 7.31 Non-Commercial Livestock Standards as seen in Exhibit A. Attached Documents 1. Exhibit A— Non-Commercial Livestock Ordinance Exhibit "A" BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE STATE OF INDIANA ORDINANCE NO. 201 '-OR- � ',' AN ORDINANCE AMENDING THE JEFFERSONVILLE ZONING CODE (2000-OR-61) FOR PURPOSES OF ESTABLISHING REGULATIONS FOR NON-COMMERCIAL LIVESTOCK SECTION 1: PURPOSE AND INTENT The purpose of these regulations is to provide a definition of livestock; to set forth reasonable standards for the keeping and care of non-commercial livestock as an accessory use in residential area; to give appropriate consideration to the property rights of citizens of Jeffersonville with non-commercial livestock; to help maintain neighborhood compatibility; and to protect the health, safety and welfare of the general public. SECTION 2: DEFINITIONS Article 14 of the Jeffersonville Zoning Code (2000-OR-61) shall be amended to include the following definitions: Chicken Coop - A structure for housing chickens made of wood or other similar materials that provides shelter from the elements. Fowl — a domestic bird of any kind, not including chickens. Livestock - those class of animals that are customarily kept and housed outside the home or in enclosures such as pens, barns, corrals or paddock areas. Livestock includes, but is not limited to, horses, cattle (beef and dairy), llamas, alpacas, mules, swine, sheep, goats, chickens, and fowl. Livestock Enclosure - A fenced-in area that presents an adequate blockade around a field, yard, or other such expanse of land for the purpose of containing livestock or prohibiting intrusions from outside. Livestock Structure —Any structure related to the practice of Non-Commercial Keeping of Livestock, including but not limited to animal housing facilities, barns, stables, sheds, coops, cages, and similar structures, not including Livestock Enclosures. Non-Commercial Keeping of Livestock - An accessory use to a dwelling unit involving the breeding, raising, caring for, housing, and principally the hobby / personal use of livestock and products derived from livestock by the occupant, owner or leaser of the lot on which such use is located. SECTION 3: PERMITTED ACCESSORY USES Article 7 of the Jeffersonville Zoning Code (2000-OR-61) shall be amended to include section 7.28 entitled, "Non-Commercial Livestock Standards (LS)" to read as follows: 7.28 Non-Commercial Livestock Standards (LS) This Non-Commercial Livestock Standards section applies to the following districts: R1, R2, and R3. A. Non-Commercial Keeping of Livestock is an accessory use, subject to these regulations. B. Livestock Structure permitted as part of permissible accessory uses include: pens, sheds, coops, cages, barns, and similar structures, including livestock enclosures. C. The following accessory uses shall be by right in A-1, R1, R2, and R3: a. Horses, Cows, Llamas, Mules, and similar size animals; b. Goats, Sheep, and similar size animals; c. Swine; /aons -ea d. Chickens/Fowl not in excess of eight (8) total; e. Rabbits and similar size animals not in excess of eight (8) total. D. Lot Size and Density Restrictions a. Large Animals (livestock of the bovine, equine, swine, sheep, or camelid families) shall be permitted at a density of 1 animal for each - -square feet of lot area used for housing and pasturing of livestock. b. Small Animals not in excess of eight (8) total (including chickens, fowl, game birds, rabbits and any other animal which is by size and/or nature of a similar character to the aforementioned animals) shall be permitted at a density of 1 per 1,000 square feet of gross lot area. c. In the event any livestock, excluding chickens and fowl, gives birth, thereby exceeding the number of livestock animals allowed by the minimum set forth in this subsection, the owner of said livestock and/or the occupier of the premises shall conform to the number of livestock animals for the dimensional requirements within one year of the birth of the animal. Chickens and fowl shall conform to the number for the dimensional requirements within six (6) months of the birth of the animal. E. Setback Requirements a. Livestock structures, excluding structures for chickens, fowl, game birds, rabbits and other similar animal(s), shall be located a minimum of 35 feet from all property lines, or the accessory building setback required by the zone in which the use is located, whichever is greater. b. Livestock structures for chickens, fowl, game birds, rabbits and other similar animal(s), shall be located a minimum of 10 feet from all property lines, or the accessory building setback required by the zone in which the use is located, whichever is greater. c. Livestock structures shall not be permitted in the front yard and side yard. E. Fencing: a. All animals shall be kept within a livestock enclosure at all times when said animals are not leashed, haltered or brindled and under the direct control of the owner or an authorized agent of the owner of the animals. b. The height of the fencing shall be sufficient to keep the animal(s) within the pen and shall be adequately constructed to prevent the animal(s) from being able to escape from its confines. F. Manure Management: a. All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's property line. b. The keeper of such animal(s) shall show that adequate provisions are being implemented to collect, store and dispose of the manure and other litter associated with the keeping of the subject animal(s). The containers to be used in the process shall be kept covered and shall be cleaned on a regular basis to avoid the potential for detectable odors. G. General Requirements a. Livestock structures shall comply with the accessory building height requirement of the zoning district. b. Livestock structures shall be kept in a sanitary condition and free from unpleasant odors and from conditions contributing to the breeding of flies. c. Animal feed that is not stored in the principal building shall be stored in sealed, rodent-proof containers. d. Commercial farming is only allowed in Al. H. Regulations Specific to Chickens: In addition, to regulations applicable to all Livestock, the keeping of chickens is subject to the following additional regulations: a. The minimum coop size shall be sufficient to permit free movement of the chickens. b. Outside runs shall provide at least ten (10) square feet per chicken and shall be enclosed in a way that contains the chicken and is predator proof. c. Coops and outside runs shall be cleaned of hen droppings, uneaten feed, feathers and other waste on a regular basis and as necessary to ensure they do not become a health, odor or other nuisance. e ree _ - •- is. -• •• -- - = ' al. This Ordinance shall be in full force and effect after its passage by the Council and approval by the Mayor. Voted For: Voted Against: SO ORDAINED this day of 2019, by the Common Council of the City of Jeffersonville, Clark County, Indiana. Ed Zastawny President ATTEST: Vicki Conlin Clerk Presented by me as Clerk to the Mayor of said City of Jeffersonville at m. on this day of , 2019. Vicki Conlin Clerk Approved and signed by me at m. on this day of 2019. Mike Moore, Mayor Vetoed by me at m. on this day of , 2019. Mike Moore, Mayor CITY OF JEFFERSONVILLE DEPARTMENT OF LAW GVTI OA` Les Merkley, Corporation Counsel/Director of Legal Affairs - is' Qi N 812-285-6493 office fi ce t—lq ! - W 812-285-6403 fax ><`- , v www.cityofeff.net RSON ` Jeffersonville City Hall 500 Quartermaster Court,Suite 250 Jeffersonville,Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE ORDINANCE AMENDING THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) APPROVING UPDATES TO NON-COMMERCIAL LIVESTOCK AS RECOMMENDED BY THE PLAN COMMISSION IN THE STAFF REPORT NOTICE OF HEARING ON ORDINANCE AMENDING THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) AS RECOMMENDED BY PLAN COMMISSION Notice is hereby given that the City of Jeffersonville has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for a change in the zoning ordinance (2000-OR-61) approving updates to non-commercial livestock as recommended by the Plan Commission in the Staff Report. A public hearing will be held on May 6, 2019 at 7:00 pm in the City Council Chambers, 1St floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. __,> )gizec Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer. STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE REVISION Whereas, the Jeffersonville Department of Planning & Zoning filed a petition before the Jeffersonville Plan Commission to amend the City of Jeffersonville Zoning Ordinance (2000-OR-61), approving updates to Non-commercial Livestock as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on April 30, 2019 and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed amendment to the Jeffersonville Common Council, IT IS THEREFORE CERTIFIED that on April 30, 2019, the Jeffersonville Plan Commission favorably recommends that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Zoning Ordinance amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 30 day of April, 2019. )1/a_JO, _ Chairman Common Council of the City of Jeffersonville, Indiana VOT 1 O,' : VOTED AGAINST: 1 „oar 14, _ A A IA ' . . D aiLio sta Pr4 id i.- EST• Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of May, 2019. , Vicki Conlin City Clerk This Ordinance approved and signed by me this day of May,I 2019. Mike Mo•re, Mayor Prepared by: Les Merkley Corporate Counsel