1155.05 KEEPING OF DOMESTIC FARM ANIMALS AND FOWL.
(a) Definitions.
(1) "Domestic Farm Animal" or "Domestic Farm Animals" means one (1) or two (2) goats or one (1) sheep. Any other animal is not a Domestic Farm Animal for purposes of this section.
(2) "Fowl" includes geese, turkeys, ducks, chickens, and any other similar type of animal. Fowl does not include roosters.
(b) Purpose. The purpose of this section is to permit the keeping of Domestic Farm Animals and Fowl in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Domestic Farm Animals may be kept only when specific findings are made by the Commission that the Domestic Farm Animal use meets the conditions set forth in this section and the Code.
(c) Special Permitted Use- Keeping of Domestic Farm Animal. In addition to Fowl, Domestic Farm Animals, upon approval of a Domestic Farm Animal application by the Commission and issuance of a permit by the Building Commissioner, are permitted on a residential parcel in excess of 1.1 acres. The keeping of Domestic Farm Animals is limited to a maximum of two (2) goats or one (1) sheep per residential parcel in excess of 1.1 acres. A permit shall be issued only if the Commission and the Building Commissioner find that all requirements and standards of this section are met. Domestic farm animals are not permitted in any non-residential district. A Domestic Farm Animals Special Use Permit is valid for an indefinite period of time provided that there is no material change from the information provided in the Domestic Farm Animals Special Use Permit Application and the keeping of the Domestic Farm Animal or Animals is in accordance with the requirements of this section.
(d) Domestic Farm Animal Special Use Permit Application. A Domestic Farm Animal Special Use Permit application shall be provided by the Building Commissioner and shall require an applicant to provide the following:
(1) The address of the property where the applicant proposes to keep a Domestic Farm Animal and the name and address of the applicant and the property owner, if different than the applicant;
(2) A survey, prepared by professional surveyor, indicating the total acreage of the property;
(3) The type of proposed Domestic Farm Animal or Domestic Farm Animals;
(4) A statement regarding whether or not Fowl are currently kept on the property;
(5) A description of the structure where the Domestic Farm Animal or Domestic Farm Animals will be kept and a drawing depicting the location of such structure on the property in relation to other structures on the property, the property lines; and neighboring structures;
(6) A description of the area where the Domestic Farm Animal or Domestic Farm Animals will be permitted to graze, roam, or otherwise occupy and a drawing depicting such area in relation to other structures on the property, the property lines, and neighboring structures;
(7) A statement regarding any existing and proposed fence structures on the property;
(8) A statement indicating the noise and odor control measures, including the disposal of Domestic Farm Animal waste, that the applicant will utilize in order to limit public nuisance complaints;
(9) A statement indicating that the applicant, if a permit is granted, will take the necessary measures to ensure that the Domestic Farm Animal or Domestic Farm Animals receive proper medical treatment and vaccinations and that, upon request of the Building Commissioner, documentation of such medical treatment and vaccinations will be provided to the Building Commissioner;
(10) A statement granting the Building Commissioner or the Building Commissioner's designee authority to access the property to determine compliance with this section and any other applicable Codified Ordinances;
(11) A statement acknowledging that, if a permit is granted, and such permit is revoked the immediate removal of the Domestic Farm Animal or Domestic Farm Animals is required;
(12) A statement indicating that the applicant, if a permit is granted, will update the information provided on the application, including information relating to the keeping of Fowl and changes to fences structures, as may be necessary to ensure that the City has current and accurate information relating to the keeping of the authorized Domestic Farm Animal or Domestic Farm Animals on file; and
(13) Any other information that the Building Commissioner may deem relevant to determine compliance with this section.
(e) Notification to Neighboring Property. The Building Commissioner, upon receipt of a Domestic Farm Animal application, shall send written notice of the filing of such application to each abutting property owner. The Building Commissioner shall approve a Domestic Farm Animal application only if it finds that the domestic farm animal use meets the conditions set forth in this section and the Code.
(f) Requirements and Standards. Domestic farm animals shall only be permitted in a residential district if the following requirements and standards are met and a permit may be revoked for failure to adhere to the following requirements and standards:
(1) Domestic Farm Animals are kept on property is in excess of 1.1 acres;
(2) Domestic Farm Animals are kept in a structure designed to house the domestic farm animals and the structure is maintained in sanitary condition and in good repair;
(3) The Domestic Farm Animal structure conforms to all Code requirements and is located not less than twenty feet (20') from the rear or side yard line and not less than two hundred feet (200') from any existing residence on an adjacent property;
(4) Any Domestic Farm Animal pasture or other area where the Domestic Farm Animal will graze, roam, or otherwise occupy is located not less than ten feet (10') from the rear or side yard line and not less than two hundred feet (200') from any existing residence on an adjacent property;
(5) The Domestic Farm Animals are kept in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby properties and not to cause health hazards;
(6) The Domestic Farm Animals are kept in a manner that is not injurious or unhealthful to the animal and receives necessary medical treatment and vaccinations; and
(7) The Domestic Farm Animals are kept in a manner that complies with all provisions of the Codified Ordinances, including Section 618.12.
(g) Inspection and Permit Revocation. The Building Commissioner or the Building Commissioner's designee has the authority to inspect any property where Domestic Farm Animals or Fowl are kept to determine compliance with the regulations of this section. The Building Commissioner, upon inspection and determination that a violation this section exists and permit revocation is necessary to ensure compliance with this section, shall send written notice of such violation and permit revocation to the keeper of the Domestic Farm Animal and the property owner, if different than the keeper of the Domestic Farm Animal. The notice shall state the violation and that the keeper of the Domestic Farm Animal or the property owner has the right to appeal such permit revocation determination within ten (10) calendar days of receipt of the notice to the Safety Director. All appeals shall be filed in writing with the Safety Director. The Safety Director shall hear the appeal within ten (10) calendar days and the determination of the Safety Director shall be final.
(h) Prohibition Against Keeping of Domestic Farm Animals When a Permit is Revoked. Any person, including the keeper of Domestic Farm Animals and any property owner where Domestic Farm Animals are kept, that has a Domestic Farm Animals Special Use Permit revoked is prohibited from obtaining a future Domestic Farm Animals Special Use Permit.
(i) Keeping of Fowl. A permit is not required for the keeping of Fowl. However, Fowl must be restrained at all times in a structure designed to house Fowl. Such structure shall be no larger than four feet (4') by four feet (4') by four feet (4'), enclosed on all sides and on top, and maintained in sanitary condition and in good repair. The structure shall conform to all Code requirements and shall be located not less than twenty feet (20') from the rear or side yard line and not less than two hundred feet (200') from any existing residence on an adjacent property.
(j) Roosters Prohibited. No person shall keep a rooster in the City.
(k) Penalty. No person shall keep any farm animal or Fowl in violation of this section.
(Ord. 2018-94. Passed 10-21-19.)