A. All enclosures and restraints required by §5-15 which are used to confine horses, mules, donkeys, cows, sheep, goats or llamas shall be no less than 150 feet from any residence other than the residence of the owner of said enclosure unless a waiver or variance is obtained as provided in subsection (C) below.
B. All enclosures and restraints required by §5-15 which are used to confine rabbits, birds, or chickens shall be at least twenty (20) feet from any residence other than the residence of the owner of said enclosure. Rabbit hutches, chicken coops and enclosures shall not be located within five (5) feet of a property line and must be adequately secured to contain the animals on the property and to prevent predators from obtaining access to the enclosure.
C. The owner of any animal affected by subsection (A) may keep or maintain an enclosure within the prohibited distance by either obtaining a waiver from all property owners within the prohibited distance stating that said property owners do not object to the keeping of animals within the prohibited distance, and filing the same with the City Clerk, or obtaining a variance from the city council; provided, that no variance shall be granted by the city council for a distance less than 75 feet. The council shall consider the following factors in determining whether or not to issue a variance:
1. That the variance, if allowed, is in harmony with the general purpose and interest of this animal ordinance;
2. That there are practical difficulties or practical hardships in the way of carrying out the strict letter of this animal ordinance;
3. For the purpose of supplementing the above requirements, the council in making the determination whether there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
a. that the majority of the applicant's neighbors have presented no objection to the proposed variance;
b. that the variance, if granted, would not be a threat to the public health, safety, and welfare;
c. that the variance, if granted, would not materially reduce the marketability of surrounding real property.
4. Upon the filing of a request for variance under this subsection, the city clerk shall cause notice of the time and place of the hearing for variance to be mailed to all residences within one hundred fifty (150) feet of the enclosure for which the variance is sought.
(Amended by Ordinance No. 9200, effective 12-17-2008) (Amended by Ordinance No. 9229, effective 08-26-2009)
HISTORY
Amended by Ord. 9934 on 7/12/2023