(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)