Land previously zoned for the keeping of domestic farm animals which has been or is subsequently annexed and/or rezoned to a residential district not permitting such use shall be subject to the following:
A. Front Or Side Yard Area: In no case shall domestic farm animals be permitted in the front or side yard area of a home.
B. Extending Existing Pasture Or Animal Keeping Area: In no case shall any existing pasture or animal keeping area be extended in any way either on the same or adjoining land.
C. Animal Keeping Activities: Animal keeping or grazing activities for personal pleasure or use and 4-H projects may be continued subject to compliance with the following: (1974 Code § 4-505)
1. Cows, horses, mules, sheep, llamas, alpacas, emus and goats may be kept, provided the lots upon which said animals are kept have an area of at least one acre. The total number of all such animals (other than their young) under the age of six (6) months allowed on a lot shall be limited to the square footage of the pasture or animal raising area divided by the total minimum area required for each animal as listed below: (1974 Code § 4-505; amd. 2010 Code)
a. Horse, mule or cow, forty thousand (40,000) square feet of area per animal.
b. Goat or sheep, ten thousand (10,000) square feet of area per animal. Four (4) such animals may be kept on a one acre parcel.
c. Animals not listed in subsection C1a and C1b of this section will be placed in a category by the commission on a need basis. If a proposed animal does not fit into subsection C1a or C1b of this section, the commission may reject the owners' petitions to keep such animal. The decision of the commission may be appealed to the council within fifteen (15) days.
d. Young over the age of six (6) months or young on their own without parents shall also comply with these area requirements.
2. If use of a lot for animal keeping or grazing activities is discontinued from actual use for a continuous period of one year, such use shall be considered to be abandoned and may not be resumed.
D. Grandfather Right; Permit Required: The planning and zoning clerk shall issue permits to parties desiring to continue to keep animals by virtue of a nonconforming use (grandfather right). These permits shall be issued annually and shall set forth the name of the permittee, the legal description of the real estate and its street address, and the number and type of animals kept on said land. The building inspector shall have the right to go onto said land to confirm that the animals kept on the land comply with the permit. If a landowner fails to obtain a permit for two (2) consecutive years, such landowner will be deemed to have abandoned their nonconforming use. The number of animals cannot be increased from the original number. The form of the permit and the fee for the permit shall be set by resolution of the city council and approved by the mayor.
E. Complaint Procedures: Complaints regarding offensive animal related activities shall be handled by the planning and zoning clerk or the authorized representative in the following manner: Objections shall be reviewed upon receipt of a written complaint from any household located within three hundred feet (300') of the affected property. Said complaints shall set forth the nature of the objection.
F. Complaint Investigation: Such complaints shall be investigated and findings reported, in writing. Standards for judging complaints shall include:
1. Noise in excess of that compatible with normal residential use (either in terms of volume or hours of occurrence).
2. Odors, flies or dust in excess of that compatible with normal residential use.
3. Trespassing of animals onto adjacent property.
4. Lack of maintenance of animal raising or grazing area. This includes, but is not limited to, cleanup of manure and proper repair of fencing or other enclosures.
G. Action By Planning And Zoning Clerk: The planning and zoning clerk or the authorized representative, upon investigation and in consultation with area residents, may:
1. Approve the situation as it exists.
2. Require all or a portion of the animals to be eliminated.
3. Impose appropriate restrictions such as, repair of fencing or other enclosures, limiting the location of animals on the property, cleanup of manure, establishing a phase out period, or other measures to ensure compatibility with a residential setting.
4. Action by the planning and zoning clerk shall become final fifteen (15) calendar days after the date of notification of the decision to the affected party unless appealed to the commission.
H. Appeals: Appeals shall be handled as set forth in chapter 3, article D of this title. (1974 Code § 4-505)