26 September 2022 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Jeff Hermesch, Mark Lehman, Joe Vogel, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
Also Present: Nicole Daily, Zoning Administrator, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as legally required.
ACTION ON MINUTES- July 23, August 29, and Sept 13, 2022 minutes approved with abstention from a member who was absent on August 29 and corrections on attendance for Sept 13.
OLD BUSINESS: none
NEW BUSINESS: none
ADMINISTRATIVE
Review and discuss proposed ordinance amendment to Article 3 Advisory Board of Zoning Appeals- Nicole Daily said the majority of the changes were the same as the ones for the Plan Commission. There is a section from state statute that has rules on not contacting board members. It also has something on condos and home owners associations as interested parties. Daily plans to send the Plan Commission and BZA amendments at the same time to the Commissioners as they are so similar. Baudendistel reviewed them legally. BZA also reviewed it.
The Board voted to send a favorable recommendation for Article 2 on Plan Commission also to avoid an issue with the 90 day rule.
Plan Commission gave this amendment a favorable recommendation to go to the Commissioners with Thatcher abstaining as it is coming before his board for approval. He has no problem with it at this time. All others ayes.
Review and Discuss proposed Ordinance Amendments with respect to Ag and Residential Zoning Districts texts and maps
The Board discussed the following text changes.
Dearborn County, IN Use Development Standards Use Development Standards (Article 25, Section 2585 **New Section) Keeping of Animals.
- Development Standards i. Minimum setback for accessory buildings housing non-household animals or kennels: (a) Less than 4 animals - 10 feet (b) More than 4 animals – 50 feet ii. Animals may be kept on contiguous property provided that: (a) Such animals are not a public nuisance and are not vicious, as defined by the Dearborn County Animal Control Ordinance (Chapter 90, Sections 90.02 and 90.16 of the Dearborn County Code of Ordinances);
- (b) The animals do not present unsanitary conditions or a health risk as determined by the Dearborn County Department of Health;
- (c) The animals and their keeping, including restraint, are compliant with the Dearborn County Animal Ordinance;
- (d) If there are 5 or more dogs/cats on the premises, a kennel license must be obtained from the Dearborn County Animal Control (Chapter 90, Sections 90.02 and 90.38 of the Dearborn County Code of Ordinances); iii. Up to four (4) animals customarily considered domesticated, household pets may be kept on any property in any agricultural or residential districts (A, AH, R1, R2, and R3). iv. To keep undomesticated, non-household animals on contiguous property^ that is zoned Agricultural or Agricultural Homestead (AH), except as noted otherwise below, or in the next subsection**.
For properties located in any agricultural or agricultural homestead zoned districts that are greater than 1 acre but less than 5 acres, may have a combination of 2 animal unit per acre (1 animal unit being from the large animals and 1 animal unit being from the small animals per acre) of the following animals:
For properties in Agricultural Homestead (AH) and Low-Density Residential (R-1) zoning districts with less than one (1) acre, 10 laying hens, no roosters, may be permitted but no other livestock.
(b) Wild / Exotic Animals – Must be in compliance with IC 14-22-26 and all other applicable Federal and State laws, including 312 IAC 9-11, as well as local County laws (including animal control, health, zoning codes, etc.) and are only permitted on property located in an Agricultural District on more than 10 acres. ^Said contiguous area shall not contain any structures that are not intended for the sole purpose of housing said animals or lateral/leach field(s).
Any contiguous areas within a single parcel that is more than ten (10) acres shall be considered livestock production. v. Other Standards (a) The keeping of Undomesticated or Non-household Animals is prohibited in the residential districts (R2, and R3), except backyard poultry, where up to 5 laying hens, no roosters, may be permitted. (b) Nothing in this section shall prohibit the temporary keeping of newborn offspring of permitted animals (less than 4 months old).
(c) Fish in aquariums are exempt, provided they are not associated with a commercial animal establishment as defined in the Dearborn County Animal Control Ordinance.
Small Animals
50 Rabbits = 1 animal unit
32 Chickens = 1 animal unit
16 ducks = 1 animal unit
8 turkeys = 1 animal unit
8 geese = 1 animal unit
50 Pigeons/Raising Game Birds = 1 animal unit
Large Animals
2 head of cattle = 1 animal unit
3 horses = 1 animal unit
5 sheep = 1 animal unit
5 swine = 1 animal unit
5 goats = 1 animal unit
5 llamas = 1 animal unit
5 alpacas = 1 animal unit
Dearborn County, IN Use Development Standards 2. Kennel, Commercial. a. Development Standards i. Minimum lot size: 5 acres ii. Minimum setback: 250 feet from any lot line 3. Equestrian Facility/Riding Stables. a. Development Standards: minimum lot size: 5 acres
Opened Public Discussion-
Ken Keilholz- Wedgewood Lane - West Harrison- They have Ag Homestead. Street is one acre lots. There is a neighbor boarding 10 dogs in her home. They have a kennel license for $50. It does not depend on the zone currently. He has farm animals behind him and they do not harass him The dogs do.
Nicole Daily said our ordinance does not cover this currently. Animal Control needs to control this. Baudendistel will get with Animal Control regarding this. He will also check to see that our regulations for Animal Control match the ones with Zoning. Daily and Baudendistel have his phone number and email. There is a code of federal regulations on kennels also for operation and inspection of animals. They will work with Animal Control.
Closed Public Discussion
Looking at the 3 township maps. Daily will have the maps out in the entryway at each meeting for people top see.
Caesar Creek is almost all Agricultural. Daily said the small lot sizes are limited due to septic issues. Board consensus his that the Caesar Creek proposed zipping is acceptable.
Clay Township has a lot of Ag but the area around Dillsboro has Residential and further out Ag Homestead. There is some R around Lake Dilldear. Hoping to get Sanitary Sewer out there in 3-5 years. There is the Markland road connection to consider too. Board consensus is that the proposed map is acceptable for Clay Township.
Washington Township has more Residential. The US 50 section has a 200 ft. strip of Ag as buffer from R to Industrial. There is a Mfg Park. Beyond the US 50 corridor the township is primarily Ag, They plan to look at that buffer yard with the new rules at our next meeting.
Board is considering meeting start times of 6:30 PM for 2023.
Meeting adjourned at 8:20 PM
Christine Brauer Mueller
Lawrenceburg Township
