§ 90.07  PERMIT PROVISIONS.
   (A)   Dogs and cats. A permit shall be required for more than four dogs or cats, four months or older, kept outside.
      (1)   It shall be unlawful for any person to own, or keep custody of or to take care of more than four dogs, more than four cats or any combination of dogs or cats numbering greater than four animals, four months or older, who are frequently outside on the premises, unless the person has a special permit issued by the town.
      (2)   If a person has more than four dogs or cats frequently outside on the premises, then the Code Administrator must make the following five findings in order to issue a special permit:
         (a)   Noise from the dogs or cats will not interfere with an abutting occupant’s use and peaceful enjoyment of the property;
         (b)   Any odor or unsanitary conditions caused by the dogs or cats will not interfere with an abutting occupant’s use and peaceful enjoyment of the property;
         (c)   More than four dog runs or other dog-related structures or any combination thereof shall not be permitted if the structures can be seen from an abutting occupant’s property in a residentiary zoned district;
         (d)   There is no evidence that the dogs or cats pose any health problem or disease exposure for abutting occupants; and
         (e)   The dogs or cats do not interfere in some other similar manner with the peaceful use and enjoyment of abutting property.
   (B)   Livestock or other domestic animals.
      (1)   A permit, to be issued by the Planning and Zoning Department of the town, must be obtained to keep any pigs, sheep, horses, mules or goats, or any chickens, ducks, geese, turkeys or other domestic fowl, cattle or livestock within town limits.
      (2)   No permit shall be issued and no person shall keep any pigs, sheep, horses, mules or goats, or any ducks, geese, turkeys or other domestic fowl (excluding domesticated chickens), cattle or livestock on any lot or parcel of land on which a residence, industry or business is located unless:
         (a)   Said lot or parcel of land contains two acres or more; and
         (b)   Animals are not located within 300 feet of any residence, place of business or public street, or within 100 feet of any property line, whichever is greater; and
         (c)   Animals are located within a pen or other enclosure which provides at least 900 square feet of space for each animal or fowl.
         (d)   The Code Administrator shall issue a permit only when, in his or her sound judgment, the keeping of such an animal in a yard or building under the circumstances as set forth in the application for the permit will not injuriously affect the public health.
      (3)   When animals or fowl are kept within corporate limits, the building, structure, corral, pen or enclosure in which they are kept shall at all times be maintained in a clean and sanitary condition. Excrement should be removed regularly from the living space of a penned animal adequate to the sanitation of quarters and the health of the animal and the general public.
      (4)   This section shall not apply to, and no permit shall be required for, any agricultural operation within G.S. § 106-700, Nuisance Liability of Agricultural Operation.
   (C)   Chicken keeping requirements.
      (1)   Keeping of domesticated chickens.
         (a)   Roosters are prohibited.
         (b)   No more than four (4) chickens shall be kept or maintained.
         (c)   No chickens shall be allowed in multi-family complexes.
         (d)   There shall be no on-site slaughter of chickens.
         (e)   A permit must be obtained and renewed on an annual basis through the Planning and Zoning Department.
      (2)   Coop, run, and tractor requirements.
         (a)   A predator proof coop or chicken tractor are required for the keeping of domesticated chickens.
         (b)   Chicken keeping area must be located in the rear yard of the property.
         (c)   Chicken keeping area must be at least 15 feet from any rear and side property lines.
         (d)   Number and type of fowl must be appropriate for the size and furnishings of the coop/run/tractor.
            (i)   Minimum of 4 square feet of floor area per chicken.
         (e)   Coops, runs, and chicken tractors must be kept in a clean and sanitary condition with all droppings and organic waste material removed and disposed of in a proper manner.
         (f)   All chickens must be kept in a coop or chicken tractor during non-daylight hours.  During daylight hours, chickens may be located in a coop, run, chicken tractor, or securely fenced area.
(Ord. passed 7-16-2020)