(A) Notwithstanding any language in § 90.001 to the contrary, the City Council may grant a special permit to keep or maintain, outside the city limits but within the area within one mile of the corporate limits in and district zoned residential, commercial or industrial, any horse, mule, sheep, cow, goat, chicken, turkey, geese or other fowl. The number of animals allowed on any premises will be set forth in the permit and the number shall be determined based on the size of the parcel, its location and historical use of the premises. Any permit granted shall be appurtenant to the real estate and shall continue until the land is subdivided unless the permit is revoked.
(B) The fee for the special permit shall be $50 or the same as the fee for a special use permit established by the Mayor and the City Council from time to time. The fee shall not be charged to any owner of real estate in the outlined area, which has any of the above listed animals on the premises as of June 1, 2015. However, those owners shall be responsible for ensuring that a permit is requested through the City Office within 90 days of the passage of this section or they shall be required to pay the one-time $50 fee.
(C) If any complaint is received by the City Council or the City Clerk with regard to the animals for which the special permit has been issued, the City Council may, upon notice and hearing, cancel the special permit. The receipt of a complaint shall be sufficient cause for the cancellation of a permit. The animals shall be maintained at all times in a manner so that it does not annoy or disturb individuals in the neighborhood, does not create offensive odor, and does not damage the property of any individual other than its owner. The animals shall, at all times, be kept in the actual physical control of its owner or handler or a secure livestock enclosure as provided by the special permit.
(D) Nothing in this section is intended to terminate a nonconforming use that existed prior to the adoption of the Loup City Zoning Regulations unless the use has been abandoned or discontinued for 12 consecutive months. However, any such nonconforming use may be expanded or changed without a permit including, but not limited to, increasing the number of animals, expanding any structure or subdividing the real property.
(Ord. 754, passed 6-2-2015) Penalty, see § 90.99