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Home My WebLink About2023-OR-33 2023-OR-33 FAILED (4-3 Vote) Ordinance for UDO Update rr f�E7 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2023-OR-33 AN ORDINANCE FOR UPDATES TO ARTICLE 8.9,NON-COMMERCIAL LIVESTOCK OF THE JEFFERSONVILLE UNIFIED DEVELOPMENT ORDINANCE Whereas,The Jeffersonville Department of Planning and Zoning filed an application before the Jeffersonville Plan Commission for updates to Article 8.9,Non-Commercial Livestock of the Jeffersonville Unified Development Ordinance and, Whereas, on May 30, 2023 the Jeffersonville Plan Commission has certified its Favorable Recommendation of the enactment of this proposed ordinance by ordinance of this Common Council; and, Whereas,this matter is now before the Common Council at its regular meeting after certification of the updates 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 updates to 8.9,Non-Commercial Livestock of the Jeffersonville Unified Development Ordinance at the regular meeting scheduled for June 5, 2023; 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 Jeffersonville Unified Development Ordinance (2021-OR-36) is hereby amended approving the updates to Article 8.9,Non-Commercial Livestock. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this day of June, 2023. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: l r.Q V wig° C . Matt Owen, President ATTES : isa ill City Clerk Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE UNIFIED DEVELOPMENT ORDINANCE CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, the Jeffersonville Department of Planning & Zoning filed a petition before the Jeffersonville Plan Commission to amend the City of Jeffersonville Unified Development Ordinance (2021-OR-36), approving updates to Article 8.9 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 May 30, 2023 and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to forward their recommendation on the proposed amendment to the Jeffersonville Common Council, IT IS THEREFORE CERTIFIED that on May 30, 2023 , the Jeffersonville Plan Commission (circle one): ( Favorably Recommends / Unfavorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Unified Development Ordinance amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 30th day of May , 2023 7LL A i AC (4<iLlo Chairman CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs / Y T 0, uu o 4�lii:`' 812-285-6493 office 812-285-6403 fax �� .ti www.cityofjeff.net FRSO � Jeffersonville City Hall 500 Quartermaster Court Jeffersonville,Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE APPLICATION OF THE JEFFERSONVILLE DEPARTMENT OF PLANNING AND ZONING FOR REVISIONS TO ARTICLE 8.9,NON-COMMERCIAL LIVESTOCK, OF THE JEFFERSONVILLE UNIFIED DEVELOPMENT ORDINANCE NOTICE OF HEARING ON APPLICATION OF THE JEFFERSONVILLE DEPARTMENT OF PLANNING AND ZONING FOR REVISIONS TO ARTICLE AND 8.9, NON-COMMERCIAL LIVESTOCK OF THE JEFFERSONVILLE UNIFIED DEVELOPMENT ORDINANCE Notice is hereby given that the Jeffersonville Department of Planning and Zoning filed an application before the Jeffersonville Plan Commission for revisions to Article 8.9,Non-Commercial Livestock of the Jeffersonville Unified Development Ordinance. A public hearing will be held on Monday,June 5,2023 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 revisions. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (8 12)285-6423 POSTED AND EMAILED ON May 31, 2023 TO THE FOLLOWING: Via Email to: dsuddeath;'u'nevvsandtribune.com Via Email to: newsroom(i!newsandtribune.com Posted to: ww \v.citvofjetfi.net G`.ty o� Planning Commission ►w Staff Report May 30, 2023 60111 _ Case No: ZO-23-02 [� Request: UDO UPDATE REQUEST ' Petitioner: City of Jeffersonville, Planning &Zoning TT a `v Department FRsov.1J Request Unified Development Ordinance text amendment: Articles 8.9: Non-Commercial Livestock Case Summary Per the request of City Council, Planning Staff has put together an amendment banning roosters from most properties in the City of Jeffersonville. The rule will not apply to properties that are zoned Agricultural (Al) or other unusually large properties where roosters can be kept at least 250' from any other residences. Required Action Make a motion to forward this rezoning to the Jeffersonville City Council with one of the following options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation. Recommended motion "I make a motion to forward the ordinance update request ZO-23-02 to the Jeffersonville City Council with[insert recommendation]as presented to the Plan Commission on May 30, 2023." Attachments 1. Text revisions for Article 8.9 Page 1 of 2 ZO-22-02 Text Amendment to article 8.9 (added text is highlighted below) NL-02 General: A. Non-commercial keeping of livestock is considered an accessory use for single-family residentially occupied properties, subject to these regulations. B. Nothing in these standards shall apply to domesticated dogs and cats. C. Livestock structures permitted include: pens, sheds, coops, cages, barns, and similar structures, including livestock enclosures. Any livestock enclosures over 25 square feet in area shall be considered an accessory structure and shall be reviewed by the Department of Planning and Zoning for conformance to these standards prior to placement. D. Lot Size and Density Restrictions 1. Large animals (e.g. horses, cows, llamas, mules and other similar sized animals) shall be permitted at a density of one animal for each acre of lot area set aside and dedicated to the housing and pasturing of livestock. 2. Medium animals (including goats, swine, sheep, or other similar sized animals) shall be permitted at a density of 2 animals for each acre of lot area set aside and dedicated to the housing and pasturing of livestock. 3. Small animals (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 one per 1,000 square feet of gross lot area, but not in excess of 8 total. a. Exception: Roosters shall only be allowed on properties that are zoned for agricultural use or on any other significantly large property where it can be demonstrated that they can be kept in an enclosure that is at least 250' from any neighboring dwelling unit within the City. Any existing rooster that does not comply with the aforementioned restrictions shall be registered with Code Enforcement within ninety (90) days after the effective date of this ordinance. The rooster shall no longer be considered a legal non-conforming use if not timely registered 4. In the event that 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 6 months of the birth of the animal. Chickens and fowl shall conform to the number for the dimensional requirements within 3 months of the birth of the animal. Page 2 of 2 ZO-22-02