(A) A-1 Agricultural.
(1) Intention of Designation. The A-1 Agricultural Designation is intended primarily for small farming development, with up to one residential dwelling and detached outbuildings for accessory uses on each tract. The A-1 Designation is an exclusive Designation and is not a part of a hierarchy system of zoning. Except as expressly allowed, what is permitted in the A-1 Designation is not permitted in residential or other zoning designations. Only those uses and development standards that are expressly permitted and noted herein apply to the A-1 Designation.
(2) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
(a) Up to one single-family dwelling meeting the development requirements for a home built in the R-1 Designation, except that accessory uses may have a height of 50 feet;
(b) Agricultural and farming operations that include growing and storage of crops, producing dairy and agricultural products (e.g., milk, eggs, honey and the like) and breeding and raising of livestock.
(3) Lot size. The minimum lot size and dimensions for a parcel designated as A-1 is five acres.
(4) Minimum lot frontage. The minimum lot frontage shall be 100 feet.
(5) Setback lines. The minimum setback lines for a parcel designated for this use shall be as follows.
(a) The front yard setback shall be at least 50 feet measured from the center of the pavement, or as far back from the pavement as the adjoining house nearest to the pavement, whichever is greater.
(b) The side yard setback shall be a minimum of 15 feet.
(c) The rear yard setback shall be a minimum of 50 feet.
(6) Prohibited uses. The following uses are not permitted in this District:
(a) Commercial processing of animals or animal products, including the slaughter or butchering of animals, or rendering of animal by-products;
(b) Commercial storage or warehousing of grains, cereals or animals;
(c) The subdivision of land for residential purposes, except by grant of a variance to the zoning code after public hearing at which all landowners within one-eighth of a mile must be notified, in writing, at least ten days in advance; and
(d) The subdivision of land for residential purposes, as controlled by the city’s Subdivision Control Ordinance.
(7) Lot coverage. The maximum lot coverage shall not exceed 10% of the lot area.
(B) Protection and preservation of agricultural land within the zoning jurisdiction of the city.
(1) Purpose. The purpose of this division (B) is to enact provisions to protect and preserve the ability of owners whose lands are zoned for agricultural use and are located within the city or that are subject to the zoning jurisdiction of the city to continue in the operation of farming and agriculturally related businesses without undue hardship.
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. The use defined by city zoning ordinances and amendments thereto.
CITY. The City of Charlestown, Indiana.
LIVESTOCK. Any domesticated animal used for any farming purpose and normally kept by those engaged in the business of farming.
PARTITION FENCE. As defined in I.C. 32-26-1.
(3) Discharge of firearms to defend livestock and property. Notwithstanding any ordinance to the contrary previously enacted by the Common Council, it shall not be unlawful for any landowner, or his or her family members, employees or agents, to discharge a firearm on land zoned for agricultural use, lying within the municipal limits of the city, or within two-mile fringe zoning jurisdiction of the city, for the purpose of defending the real property or personal property of the landowner.
(4) Partition fences. This section is modeled after I.C. 32-10-9 et seq. It is intended that the provisions of this section be interpreted consistently therewith, when the language presented is similar.
(a) Existing fences. All fences now constructed and used by adjoining landowners as a partition fence on land that is zoned for agricultural use, which land lies within the two-mile fringe zoning jurisdiction of the city, unless specially agreed upon by such landowners, shall be deemed partition fences and shall be repaired, maintained and paid for as herein provided.
(b) Agricultural lands inside city zoning jurisdiction.
1. It shall be the duty of all owners of land that is zoned for agricultural use, or those whose lands are directly adjacent to land that is zoned for agricultural use, whose lands lie within the municipal limits of the city, or within two-mile fringe zoning jurisdiction of the city, to separate said land from adjoining lands by a partition fence to be constructed upon the line or lines dividing or separating said lands whether said lands were divided heretofore or may hereafter be divided.
2. Except as hereinafter otherwise provided, or in case no division of said partition fence has been made between the landowners for the building or repairing or rebuilding of such partition fence, then in such case the landowner, whose land lies to the east of said fence, shall build the north half thereof and the landowner whose land lies to the west of said fence, shall build the south half thereof and if the landowner’s land lies north of the fence to be built, rebuilt or repaired, he or she shall build, rebuild or repair the west half thereof, and if the land lies to the south of such fence, such landowner shall build the east half thereof.
3. If either of such landowners shall have constructed one-half of any partition fence, other than the half prescribed in division (B)(4)(b)2. above and shall have maintained such one-half of such partition fence for a period of not less than five years, such landowners shall thereafter be entitled to continue to maintain such one-half of such fence, notwithstanding any of the provisions of division (B)(4)(b)2. above.
4. If any landowner fails to build, rebuild or repair such fence after receiving notice as is hereinafter provided, the landowner shall be in violation of this section, and the City Clerk-Treasurer may cause to be built, rebuilt or repaired such fence as is hereinafter provided.
(c) Defaulting landowner; description of lawful partition fence; floodgates across watercourses.
1. All partition fences shall be built, rebuilt, kept in repair at the cost of the several landowners whose lands are enclosed or separated by such fences equally according to the proportion thereof such landowner may have along such line of fence. If any landowner, as defined in division (B)(2) above, shall fail or refuse to compensate for the building, rebuilding or repairing of his, her or their proportion of fence, any landowner interested in such fence, after having built, rebuilt or repaired his or her portion of such fence, shall give to the defaulting landowner, his or her agent or tenant 20 days’ notice to build, rebuild or repair his or her proportion of such fence, as the case may be, and if such defaulting party shall fail to build, rebuild or repair such fence within said time, such landowner shall then notify the City Development Coordinator of such fact: provided, that where the fence sought to be established, rebuilt or repaired is on a township line, the complaining landowner or landowners shall notify the trustee of the township wherein the lands of the complaining landowner or landowners are located of the improvement he, she or they may desire made, and the City Development Coordinator shall have jurisdiction of such matter, unless disqualified as hereinafter provided, and may estimate the costs for such fence, building, rebuilding or repairing the same, as the case may be, and, within a reasonable time after being notified, the Development Coordinator shall make out a statement and notify such defaulting party of the probable cost of building, rebuilding or repairing such fence, as the case may be, and if after 20 days said fence is not built, rebuilt or repaired by such defaulting landowners, the Development Coordinator may build or repair such fence, as the case may be; provided, that the Development Coordinator shall use only the materials for such fences as are most commonly used by the farmers of such community.
2. A lawful partition fence shall be a straight board and wire fence or a straight wire or a straight board fence or a picket fence four feet high, a straight rail fence four and one-half feet high, a worm rail fence five feet high, and all fences of every structure to be sufficiently tight and strong to hold hogs, sheep, cattle, mules and horses; provided, further, that if a ditch or creek crosses the division line between two landowners, necessitating additional expense in the maintenance of the part over such stream, if such landowners can not agree upon the proportionate share of each, the Development Coordinator shall appoint three disinterested citizens who shall apportion the partition fence to be built by each landowner; provided, further, that in all cases where a ditch or creek forms, covers or marks the dividing line, or any part thereof, of the lands of separate and different landowners of this state so that partition fences such as are required and provided for in this chapter can not be built and maintained on such dividing line, then, and in all such cases, such partition fences shall be built and maintained under the provisions of this chapter as near to such boundary line as may be, and each landowner shall be required, on his or her own land, to build a separate partition fence and to maintain the same at his or her own cost: provided, further, that in all cases where partition fences, such as are required and provided for in this section, cross any ditch or creek and, by reason thereof, it is impracticable to construct or maintain that portion of said fence as would cross said ditch or creek as a stationary fence, then, and in all such cases, there shall be erected, in lieu of such portion of said fence across said ditch or creek, and as a part of such partition fence, floodgates or other similar structures, sufficiently high, tight and strong to turn hogs, sheep, cattle, mules and horses or other domestic animals, and so constructed as to swing up in times of high water, and such floodgates or other similar structures shall be so built and constructed as to connect continuously such partition fences: and provided, further, that if the building and maintenance of such floodgates or other similar structure occasions additional expenses and such landowners can not agree upon the character of floodgates or other similar structure, or upon the proportionate share of the cost thereof to be borne by each, the Development Coordinator, upon notice in writing from either landowner of such disagreement and the nature thereof, shall appoint three disinterested citizens of the agriculturally zoned areas of the city, who shall determine the kind of structure and apportion the cost of such floodgate or other structure between such landowners, taking into consideration the parts and portion of such fence being maintained by each landowner.
3. The determination of a majority of such arbitrators of any matter or matters submitted to them shall be final and binding on each landowner. The compensation of such arbitrators shall be $2 each, which shall be paid by said landowners in the proportion they are ordered to bear the expense of such gate or structure. In case either or both of such landowners shall fail to construct or compensate for constructing the structure determined upon by such arbitrators in the proportion determined, within 30 days from such determination, the Development Coordinator may proceed at once to construct such gate or structure and collect the cost thereof, including the compensation of such arbitrators, from such defaulting landowner or landowners, in the same manner as is provided for ordinary partition fences, and such floodgate or other structure shall be repaired, rebuilt or replaced in accordance with the determination of said arbitrators.
(d) Expenses; construction and maintenance by city. As soon as the Development Coordinator has had such fence built, rebuilt or repaired, he or she shall make out a certified statement in triplicate of the actual cost incurred by him or her in the building, rebuilding or repairing of such fence, one copy to be handed to or mailed to the landowner affected by the work, one copy to be retained by the Development Coordinator, and the other to be forwarded to the City Attorney, who may institute a legal action to place a lien on the obligated landowners real property if the balance due to the city has not been paid within 30 days of the substantial completion of the work of construction of the fence. Failure of a landowner to remit the balance due on the statement within 30 days of the receipt of such a statement shall constitute a violation of this section. Each day thereafter shall be a separate offense.
(e) Construction and application of law. This division (B) shall be liberally construed in favor of the objects and purposes for which it is enacted and shall apply to all lands, whether enclosed or unenclosed, cultivated or uncultivated, wild or wood lot.
(5) Barbed wire fences. Notwithstanding any ordinance to the contrary, any territory zoned for agricultural use that is used for the purpose of enclosing livestock may be enclosed, in whole or part, by a barbed wire fence.
(Ord. 2003-OR-06, passed 2-3-2003; Ord. 2003-OR-14, passed 5-8-2003) Penalty, see § 157.99