(A) It shall be unlawful for any person or business to keep, maintain, or allow to run at large, any cow, horse, pony, mule, sheep, goat, chicken, duck, goose, turkey, other fowl, hog, pig, or other livestock or wild animal on any lot or within any pen, stable, or other enclosure or building within the corporate limits of the town.
(B) Not withstanding the requirements of division (A) above, the keeping of cows, horses, ponies, mules, sheep, goats, ducks, geese, or chickens within the corporate limits of the town may be permitted if all of the following conditions exist:
(1) The property on which the livestock are kept is zoned Residential Agricultural;
(2) The area in which the livestock are kept is completely surrounded by a fence or enclosure, no less than four feet in height;
(3) There is provided no less than one acre of enclosed area for the first animal, and at least 10,000 square feet for each additional animal; and
(4) The area in which the livestock are kept is no closer than 50 feet from any dwelling on the same property, and no closer than 200 feet from any dwelling not on the same property.
(C) Persons keeping within the corporate limits of the town as of the effective date of this section any cow, horse, pony, mule, sheep, goal, duck, goose, or chicken may keep the animal, unless the animal becomes a nuisance to adjacent properties, in which case the animal must be removed within 90 days after written notice is provided by the town to the property owner. Persons keeping or maintaining within the corporate limits as of the effective date of this section any hog, hogs, pig, or pigs shall remove the animals within 30 days after notice is provided by the town to the property owner.
(D) Chickens may be kept for purposes other than as part of a bona fide agricultural operation, provided that they shall be allowed only in the R-10, R-20, RA-40, I and TBD zoning districts, subject to the following additional requirements.
(1) Maximum number of animals. Any number of chickens may be kept on a single lot, provided the minimum acreage requirement of one chicken per 5,000 square feet of lot area is met.
(2) Additional requirements for chickens.
(a) Chickens are the only type of domestic fowl permitted pursuant to this section.
(b) Roosters are prohibited.
(c) Chickens, roosters and other domestic fowl living outside the planning and zoning jurisdiction of the town may be brought into the town planning and zoning jurisdiction for temporary events, such as festivals and other special events, provided that no such fowl shall be allowed to remain for more than three days.
(d) Coops and YARDING AREAS (i.e., the areas where chickens roam outside the coop) shall be located in back yards, pastures or fields located to the rear of a dwelling. No coop or yarding area may be located in a front or side yard, pasture or field.
(e) Chickens shall be kept in coops at night time, but they may be allowed to roam during the day in the yarding area.
(f) Coops and yarding areas shall be fully enclosed by a perimeter fence. Coops shall be located within the yarding area and shall be set back either a minimum of 30 feet from solid perimeter fencing, or a minimum of 100 feet from open wire perimeter fencing.
(g) Slaughter is not allowed.
(h) Provided that the requirements of this section are met, no certificate of zoning compliance shall be required for coops or yarding areas.
(i) Nonconforming situations. The effective date of this division is September 8, 2015. Coops and yarding areas that were lawful prior to the effective date of this division, shall be subject to Article 2, Nonconforming Situations, of the revised Comprehensive Development ordinance. The owners of coops and yarding areas that were unlawful prior to September 8, 2015, shall have six months from the effective date to bring them into conformity with this division. Roosters living within the planning and zoning jurisdiction of the town as of the effective date of this division may remain until they die, but they shall not be replaced. Chickens or other domestic fowl living within the planning and zoning jurisdiction of the town as of the effective date of this division that are illegal or lawful nonconformities with respect to this division may remain until they die, but they shall not be replaced.
(E) The provisions of this section shall not apply when permission is granted by the town for livestock to appear in special events such as festivals or parades.
(Prior Code, § 81.01) (Am. Ord. passed 9-8-2015)
Penalty, see § 90.999