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(A) The stabling, pasturing, or keeping of any sheep or goats within 100 feet of any residence, commercial building, church, restaurant, school, or other occupied structure not owned or occupied by the owner of the animal in the Town of Lakeside shall not be allowed and is and shall constitute a nuisance and is unlawful.
(B) No horse, cow, llama, mule, donkey, antelope, or other animal of similar size shall be allowed to be kept, stabled, or maintained on property located in the Town of Lakeside unless the property has a minimum of five acres on which the animal can roam or graze. No animal shall be allowed to be stabled, penned, or kept within 100 feet of any residence, commercial building, school, church, hospital, or other occupied structure that is not owned or occupied by the owner of the animal. A violation of this division (B) is and constitutes a nuisance.
(C) If a horse, cow, llama, mule, donkey, antelope, or other similar sized animal is allowed to be kept as provided herein, then all straw, hay, bedding, and manure used or generated in keeping the animal shall be removed from the property on a weekly basis.
(D) It is provided, however, that an owner or occupier of property that keeps and stables such animals on property that exceeds ten acres in size and maintains no more than one animal per acre need not remove the straw, hay, bedding, or manure on a weekly basis. The owner or occupier of the property is, however, charged with the duty and is obligated to maintain the property in a condition that does not a constitute a health or sanitary nuisance or hazard by way of smell, flies, pests, rodents, leakage, drainage, or runoff, or other conditions that may be detrimental to the health of or adversely affecting the quality of life of others. A violation of this provision shall constitute a nuisance, in addition to being subject to criminal provisions adopted herein.
(Ord. 282, passed 10-11-2007) Penalty, see § 91.99
(A) The restrictions and prohibitions contained in § 91.01(A) and (B), shall not apply to any owner or occupier of property who kept or maintained a horse, cow, llama, mule, donkey, antelope, or other animal of similar size on the property owned or occupied by them if the animal was present on or before 8-14-2003. The restrictions and prohibition contained in § 91.01(A) and (B), shall, however, immediately apply to any such property or owner or occupant when:
(1) An animal is no longer kept or stabled on the property on a regular basis; or
(2) The owner or occupier of the property who maintained and kept the animal(s) no longer occupies the property as their principal residence.
(B) Nothing in the foregoing provisions is intended to permit or allow an owner or occupier of property who is permitted to keep an animal to add to the number of animals presently maintained on or at the property except through the variance procedure provided herein.
(C) Nothing in the foregoing provisions is intended to exempt the owner or occupier of property from all requirements with respect to the removal of straw, hay, bedding, and manure, and the owner or occupier is and shall be required to meet the provisions.
(Ord. 282, passed 10-11-2007)
(A) An owner or occupant who wishes to keep or maintain one or more animals on their property that would violate one or more provisions of this subchapter may apply to the City Council of the Town of Lakeside for a variance from the prohibitions contained herein. The application shall be in writing and shall contain the following information:
(1) The name of the applicant, the address of the property where the animal is proposed to be kept, and a statement of the size of the property;
(2) The type and number of animals proposed to be kept;
(3) A plat of the subdivision where the property is located or an aerial photograph of the area or some other method of showing the size of the property and its location relative to the surrounding property; and
(4) A description of the barn, stable, or other building where the animal is to be kept, a to scale drawing or map or aerial photograph showing the location of the barn, stable, or other building and the distance from the barn, stable, or other building from all other structures located on property contiguous to the subject property.
(B) The applicant shall pay a fee of $125 at the time the application is filed with the Town Secretary.
(C) The town shall mail notice to all property owners and occupants located within 300 feet of the property line of the subject property. The notice shall state that an application to keep and maintain one or more animals has been filed at the address for which a variance is sought and shall further contain a notice of the date and time that the City Council will hear and consider the application. The hearing before the Council shall take place no sooner than three weeks from the date the notice to surrounding property owners is mailed.
(D) At the hearing, the applicant may present his or her request and provide the information as wished and shall respond to questions and information from town staff or the Council. Any other person may speak for or against the application and offer the information as he or she wishes. The Council or presiding officer of the Council may place time limits on any presentation made and shall announce the limit before the hearing begins.
(E) After hearing all presentations, the Council may ask for additional information and reschedule a decision on the application until the information is received. The Council may not delay a decision beyond the next regularly scheduled Council meeting date.
(F) The Council, in its sole discretion and by majority vote, may deny the request or grant the request for variance. If the request is granted, the Council may impose the conditions, including limiting the number of animals that may be kept, as it deems proper and necessary under the circumstances. It is provided, however, that in no event may the Council approve a variance that allows a property owner to board or stable horses or other livestock for third parties for compensation nor may a variance be granted that permits the premises to be used for riding lessons, regardless of whether compensation is received for same.
(G) If a variance is granted, then same shall be effective for a period of one year. On or before the expiration of the one-year period, the property owner must again apply for a variance, provide all information required herein, and pay the filing fee. Notice must be given to property owners and a hearing held on the renewal of the variance, all as provided hereinabove. The Council may deny the request for a renewal or it may impose additional or new conditions in granting the renewal.
(H) Any variance granted is personal to the applicant only and may not be transferred by the holder to any other person. The holder of a variance may not lease or rent the property so as to allow the lessee to make use of the variance and stable or keep animals on the property. If the property is sold or if no animal is stabled or kept on the property for a period of three consecutive months, the variance shall lapse and shall be of no further force of effect.
(Ord. 282, passed 10-11-2007)
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