§ 90.147  RULES GOVERNING APPLICATION FOR SPECIAL USE PERMIT.
   The following rules and regulations shall govern the application and issuance of permits for the keeping of animals listed in § 90.010 of this chapter within the city.
   (A)   Permit. A person who owns land within the city must apply for a permit to keep the animals listed in § 90.010 of this chapter on his or her property. The application shall be obtained from the City Hall. The application must state the type and number of animals which the landowner wishes to keep on the property. The specific type of animal and number must be listed and the permit shall apply only to the number and type of animal applied for. It shall not apply to other types of animals or a larger number of animals than applied for. The permit shall be valid for three years from the date of issue. It must be renewed by the property owner every three years to remain intact.
   (B)   Permit is not transferable. Should the property owner sell his or her property, the privilege to apply for the permit does not run with the land if the property does not touch or border property which is zoned agricultural and shall not be extended to the new owner. The right to keep animals listed in § 90.010 of this chapter within the city extinguishes once the owner of the then owner of the property, at the time of passage of this subchapter, ceases to own such property, if the property does not touch/border other land zoned agricultural. If the property does touch property zones agricultural, the new owner may apply for a permit to keep animals on the property, if the prior owner had such a permit at the time of the transfer. Such application must be made within 90 days of the transfer.
   (C)   Retroactivity. All property owners who keep the type of animals listed in § 90.010 of this chapter on their property, or have kept such animals on their property the last 90 days prior to passage of this subchapter shall have the opportunity to file for a permit. Landowners who have not kept animals listed in § 90.010 of this chapter on their property during the 90 days prior to passage of this subchapter shall have no right to keep such animals listed in § 90.010 of this chapter in the city and may not apply for a permit.
   (D)   Application fee and place of filing. There is no fee for the application for the permit. The completed application must be filed by the landowner, with the Zoning Administrator at the City Hall within 90 days of passage of this subchapter and then must be renewed by the landowner every three years after the initial issuance.
   (E)   Care of animals. A permit may be suspended or revoked if the animals or the property are not kept in safe and clean manner. Excessive waste being kept on the property, unhealthy animals, unsecure animals or any other condition which causes a threat to the public safety and health or the animals’ safety and health can lead to suspension of the permit until conditions are corrected or revocation of the permit.
   (F)   Number of animals to be kept on property. The University of Illinois Extension Service guidelines for the number of type of animal which may be kept in a geographic area shall be used as a guideline for granting permits.
   (G)   Building of structures and fences. All shelters, structures and fences built for the care and containment of animals must be built in compliance with the zoning rules of the city.
   (H)   Issuance of permit. Upon receipt of application for a permit, the Zoning Board shall conduct a hearing in accordance with §§ 159.340 through 159.344 of this chapter. The same procedures as used in the process for applying for a variance shall apply to this subchapter.
   (I)   Punishment for violation. Section 10.99 of this code of ordinances, as well as zoning enforcement rules, shall apply to landowners who violate this subchapter.
(Prior Code, § 3-6-3)  (Ord. 08-567A, passed 1-15-2008)