(a) Definitions. As used in this section, certain terms are defined as follows:
(1) "Health kennel" means any structure or premise that is used as an animal clinic or hospital and is operated by a licensed veterinarian for the purpose of healing, operating or boarding of any dog, cat or other domesticated or wild animal or fowl. Health kennels shall be governed by State of Ohio regulations.
(2) "Commercial kennel" means any structure or premise in which caring, breeding or housing of dogs, cats or other domesticated animals is done for monetary or compensation reasons. There is no limitation as to the numbers of animals kept in a commercial kennel.
(3) "Private kennel" means any structure or premise used as an accessory use, to a principal dwelling located in an area zoned R-1 and R-3 or nonconforming use, in which four dogs, cats or other domesticated animals are housed or kept for pets, hunting, dog shows, field and obedience trials or for guarding of property of the principle use. At no time shall more than four dogs over the age of three months be housed in a private kennel.
(4) "Fowl Coop" means any structure or premise used as an accessory use, to a principal dwelling located in an area zoned R-1 or nonconforming use, in which up to four members of the fowl family are housed or kept for pets. Unless a variance is granted for lots with an area of less than one (1) acre, at no time shall a resident own or possess more than four members of the fowl family. All fowl shall be provided with a covered, predator-proof coop or cage that is well ventilated and designed to be easily accessed for cleaning. The coop shall allow at least four (4) square feet per fowl. Fowl shall have access to an outdoor enclosure that is adequately fenced to contain the birds on the property and to prevent predators from access to the birds. Fowl shall not be allowed out of these enclosures unless they are monitored by the owner or other individuals residing at said residence.
A. Said enclosure may have a fenced outdoor pen/range which may not exceed 144 square feet. The height of the same must be a minimum of 48 inches with a covered or fenced roof.
B. All Building Department regulations, requirements and permits for out-buildings or accessory buildings shall apply to the building or installation of any fowl enclosure.
C. Setback: There shall be a 15 foot minimum set back from any side lot line; there shall be a 15 foot minimum setback from the rear lot line; the enclosure shall not be permitted beyond the back building line of any residential enclosure; no coops, pens or ranges may be permitted within 40 feet of neighboring resident's door or window. In the event the structure is not blocked from center road side view, the permit holder must block the view with a permitted item, e.g. fence, shrubbery, other structure.
D. Sanitation. The fowl coop and outdoor enclosure must be kept in a sanitary condition and free from offensive odors. The coop and outdoor enclosure must be cleaned on a regular basis to prevent the accumulation of waste. Noxious odors beyond property boundaries shall not be permitted. The provisions set forth in subsection (c) below and Section 505.08 shall apply.
E. Lots of one (1) acre or more. Residents may possess more than the number (N) of chickens stated in (a)(4) in proportion to their lot size. Said number shall be multiplied in the following manner:
Lot Size | 1 acre - less than 2 acres | 2 acres - less than 3 acres | 3 acres - less than 4 acres | 4 acres - less than 5 acres |
Number of fowl: | N x’s 2 | N x’s 3 | N x’s 4 | N x’s 5 |
(5) "Shelter" means any room or cage which houses a dog or cat and shall be of a size not smaller than six foot by eighteen foot by six foot height with a concrete pad. Not more than one dog or cat shall be contained in six foot by eighteen foot by six foot shelter except when breeding.
(b) Animal Restraint. All animals in any kennels when not in their shelters shall be restrained by a fence or leash.
(c) Sanitary Conditions. All private and commercial kennels shall dispose of animal waste by using chemical means so as not to cause undue discomfort in the area. In commercial/private kennels and fowl coops or enclosures used to house fowl, throughout the months of April through September when the temperature reaches seventy-five degrees or above, waste shall be disposed of every forty-eight hours. At temperatures below seventy-five degrees waste shall be disposed of every seventy-two hours. For all other months of the year, waste shall be disposed of every seventy-two hours.
(d) Inspection and Permits. Private or commercial kennel, fowl coop and enclosure permits shall be obtained from the Building Department. Inspection shall be made upon a written or oral complaint of a citizen or neighbor. All inspections may be made by the Police Department. Citations for violations of Amherst Codified Ordinances, Ohio Revised Code or other governing law shall be issued by the Police Department.
(e) Violations. Whoever violates any provision of this section shall be issued a citation to correct the violation within thirty days. If after thirty days, the violation still exists, the owner or operators shall be cited for a minor misdemeanor violation for the continuing violation.
(f) No person, firm or corporation shall keep, operate or maintain a private or commercial kennel without obtaining a permit as required herein and paying a twenty-five dollar ($25.00) fee for the current year. Fees will not be prorated. Permits expire December 31st of each year, regardless of when permit was issued.
(g) Fowl Enclosure Permit. With exception to students studying poultry, FFA members or 4-H members as described below, permit fees for the housing structure (coops, pens, ranges) in addition to other applicable Building fees, shall be in accordance with the current fees as listed in these codified ordinances to cover any future fee structure changes. The yearly registration fee will only to be waived pending written verification of participation in an educational program. All building permit fees to remain. Said
requester must submit a building and plot plan as well as the following items:
(1) The name, phone number, and address of the applicant.
(2) The size and location of the subject property.
(3) A proposal containing the following information.
A. The number of hens the applicant seeks to keep on the property.
B. A description of any coops or cages or outdoor enclosures providing precise dimensions and the precise location of these enclosures in relation to property lines and adjacent properties.
C. FFA Members, 4-H members and students in comparable educational entities: A person raising chickens for educational purposes are exempt from the payment of the permit fee so long as the person evidences the participation in said exempt educational entity with written documentation from an educator or advisor from the same.
D. Permit Renewal. Permits will be granted on an annual basis. If the permit holder has not received any city citations (e.g. police, building department or other) for the permit holder's keeping of chickens, violations of city codes, ordinances or rules or other citations related to said chickens, the permit will be presumptively renewed and the applicant may continue to keep chickens under the terms and condition of the initial permit. A $25.00 Renewal Fee will apply. The city may revoke the permit at any time if the permittee does not follow the terms of the permit, if the city receives complaints regarding the permit holder's keeping of chickens, or the city finds that the permit holder has not maintained the chickens, coops, or outdoor enclosures in a clean and sanitary condition.
(Ord. 14-32. Passed 7-28-14.)