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Home My WebLink AboutAmending Chapter 21 Allow the Raising & Care of Chickens as an Accessory use ORDINANCE No . 10212-13 Passed by the Common Council of the City of South Bend,Indiana January 14, 21j3 Attest: City Clerk JOH O• 'DE Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February -20 26' 13 ..4* J City Clerk VOHN OORDE Approved and signed by me Fl t4t1 tt '1 ZS 20 13 j��'/ Mayor • Ordinance No. t° Z(2' 13 • AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2,RESIDENTIAL DISTRICTS,TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect in May 2004. It has been brought to the attention of the Common Council that it consider allowing the raising of chickens on residential lots. Therefore,the following changes need to be made to the Zoning Ordinance to facilitate the keeping of chickens in residentially zoned properties. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential District is hereby amended as follows: (a) Accessory Uses, Buildings and Structures. (3) Additional Development Standards for Accessory Uses,Buildings or Structures in any Residential District. (A) Accessory Buildings: (iv)Maximum Number of Accessory Buildings—The total number of detached accessory buildings on a lot shall not exceed one (1)accessory building,provided however, a storage shed, chicken coop or chicken pen with a total floor area of one- hundred and twenty (120) square feet or less shall not count as an accessory building for the purposes of this paragraph; and, • Section IL Chapter 21, Zoning, of the South Bend Municipal Code,Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential District, is hereby amended by adding a new subsection, as follows: (a) Accessory Uses, Buildings and Structures. (4) Additional Development Standards for Chickens, Chicken Coops, and Chicken Pens. The purpose of this section is to authorize and provide standards for the keeping of chickens and the establishment of chicken coops and chicken pens. It is intended to enable residents to responsibly keep a small number of chickens on a non-commercial basis while limiting the potential adverse impacts on the surrounding properties: (A) Chickens. i. The keeping of chickens shall be allowed only in the SF1 and SF2 Single Residential Districts and shall further be subject to the following regulations: ii. Number and Types of Chickens Allowed. a. The maximum number of chickens allowed is six(6)per Dwelling, Single Family. b. Only female chickens are allowed. Roosters are specifically prohibited: c. No chickens allowed in multi-family dwellings. (B) Enclosures. i. A chicken coop and chicken pen shall be provided. During daylight hours, chickens may be located in the chicken pen. ii. The chicken coop shall be enclosed with solid material on all sides and have a solid roof and door(s). The coop shall be at least eighteen(18) inches high, and provide at least one (1) square foot of floor area per chicken. Traditional building materials shall be used. Doors shall be constructed so that they can shut and lock. Vents, covered with wire,will be placed as necessary for adequate ventilation. The coop shall be impermeable to rodents,wild birds, and predators, including dogs and cats. iii. The chicken pen shall be constructed of traditional building materials and be predator-proof. The pen shall provide at least two (2) square feet of area per chicken. The fence shall rise no more than six(6) feet above the ground. The pen shall be covered with wire, aviary netting, or solid roofing. • (C) Permits-A building permit issued by the City is required for any accessory structure more than one-hundred and twenty(120) square feet. No permit is required for a chicken coop or chicken pen that does not exceed one-hundred and twenty(120) square feet. (D) Non-Commercial Use Only- The keeping of chickens authorized under this section shall be limited non-commercial uses only. Commercial activities are prohibited. Chickens authorized under this section shall be kept as pets or for personal use only. Eggs and chicken manure shall not be sold. There shall be no butchering of chickens on the premises. (E) The chicken coop, chicken pens, and surrounding area shall be kept clean, dry, odor-free, and in a neat and sanitary condition at all times. All manure,uneaten feed, and other trash shall be removed daily, and disposed of in a sanitary manner. The property owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. (F) Location. i. Chicken coops shall be located at least fifteen(15) feet from any property line, and at least twenty(20) feet from the nearest residential dwelling. ii. Chicken coops and chicken pens shall be located behind the residential structure. iii. City residents who do not have adequate space on their property will not be allowed to own chickens. (G) Permit Required; Permit Revocation. i. A permit shall be required through the Department of Code Enforcement. Compliance with the requirements of this Section shall create a presumption that the permitted use does not create a nuisance or threat to public health or safety. The permit shall, however, be revoked if the Code Enforcement Administrator determines that the permitted use does create a nuisance or detriment to public health or safety. ii. Violation of ordinance standards shall result in permit revocation, and possible enforcement under Article 10, Enforcement, including civil penalties. Misrepresentation by a permittee shall result in the voiding and revocation of an issued permit.In the case of the voiding and revocation of an issued permit, all chickens, chicken coops, chicken pens and associated equipment shall be removed from the property. (H) Additional requirements for the keeping of chickens shall be found in Chapter 5 Animals and Fowl. Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11, Definitions, is hereby amended by adding the following two,new definitions, as follows: Chicken Coop(s): A structure for the sheltering of chickens. Chicken Pen(s): An enclosure that is connected to and/or surrounding a chicken coop for the purpose of allowing chickens to leave the coop while remaining in an enclosed,predator-safe environment. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. (liell,9)/ek Member of the Common Council Attest: ‘'...'L t rk Presented by me to the Mayor of the City of South Bend, Indiana on the 4 day of A- ruts , 2013, at ( t ,l 1 o'clock at ._.m. City cl , c Approved and signed by me on the 2 r day of F f 8 tt tiAqz `/ , 2013, at If:zo o'clock P . m. Mayor oft - ity o ,ei Bend, Indiana Filed in 'f Office 1st READING A. +}tiAs.S PUBLIC HEARING t l`� -1 l 3 of DJY�^"` F-1 � 3 rd READING L-1 sk-t3 (x! er,, 4 s v,,k,)S i2, NOT APPROVED JOp* pOO °"'I REFERRED CITY CLE:R+C,S 774 EI'E-,IN PASSED p 3 pl S ��i�n - -!-S u., 3