55A.01 Definitions | 55A.08 Predators, Rodents, Insects and Parasites |
55A.02 Permit Required | 55A.09 Feed and Water |
55A.03 Number and Types of Chickens Allowed | 55A.10 Waste Storage and Removal |
55A.04 Zoning Districts Allowed | 55A.11 Chickens at Large |
55A.05 Non-Commercial Use Only | 55A.12 Unlawful Acts |
55A.06 Enclosures | 55A.13 Nuisances |
55A.07 Odor and Noise Impacts |
The following terms are defined for use in this chapter.
1. “Chicken” means a member of the subspecies Gallus gallus domesticus, a domesticated fowl.
2. “Duplex” means the use of a legally described lot for two dwelling units, each occupied by one family within a single building.
3. “Permittee” means an applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this Chapter.
4. “Permitting Officer” means the Public Safety Director or designee.
5. “Permitted tract of land” means the tract of land as identified by the application upon which a permit is granted for keeping chickens pursuant to this Chapter.
6. “Single Family Dwelling” means any building that contains only one dwelling unit used and occupied for living purposes.
7. “Tract of land” means a property or a zoned lot that has one single family dwelling located on that property or zoned lot.
8. “Urban Chicken” means a chicken kept on a permitted tract of land pursuant to a permit issued under this Chapter.
No person shall raise, harbor or keep chickens within the City of Nevada without a valid permit obtained from the Permitting Officer under the provisions of this Chapter.
1. Annual Application and Fee. In order to obtain a permit, an applicant must submit a completed application each year on forms provided by the Permitting Officer, either on-line or in paper form, and paying all fees required by this Chapter. There is no refund on fees.
2. Inspection and Fee. Prior to an applicant obtaining the first permit for a tract of land, the applicant must allow inspection of the property and pay a one-time Inspection Fee as set forth in the Fee Appendix. Inspection of the requirements set forth in 55A.04 Zoning, 55A.06 Enclosures and 55A.10 Waste Storage will be performed. No permit shall be issued until the Permitting Officer has provided written approval of the inspection requirements.
3. Requirements. The requirements to the receipt of a permit include:
A. All requirements of this Chapter are met;
B. All fees, as may be provided for from time to time by City Council resolution, for the permit are paid in full;
C. There are no nuisance conditions, or unresolved violations of nuisance ordinance, on the property.
D. All judgments in the City's favor and against the applicant have been paid in full;
E. The tract of land to be permitted shall contain only one Single Family Dwelling or a Duplex, which is occupied and used as such by the applicant/permittee.
F. The applicant shall disclose and provide copies of any deed restrictions, condominium restrictions, neighborhood association by-laws, covenants and restrictions, and rental agreements that may concern the ability of the applicant to have urban chickens on the proposed permitted tract of land.
G. The applicant has provided a completed Adjoining Property Owners’ Approval Form, including the signature of each property owner that is immediately adjacent to the proposed permitted tract of land, approving of the applicant's intent to obtain a permit. The date of each signature shall be within thirty (30) days of submitting the application.
H. If the applicant is renting the proposed permitted tract of land, the property owner of the parcel must provide written approval of any application for Urban Chickens. Tenants shall submit with their application written authorization from the property owner to keep chickens or install a coop.
4. Issuance of Permit. If the Permitting Officer concludes, as a result of the information contained in the application, that the requirements for a permit have been met, then the Officer shall issue the permit.
5. Denial, suspension, revocation, non renewal. The Permitting Officer may deny, suspend, revoke, or decline to renew any permit issued for any of the following grounds:
A. False statements on any application or other information or report required by this Chapter to be given by the applicant;
B. Failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter or city council resolution;
C. Failure to correct deficiencies noted in notices of violation in the time specified in the notice;
D. Failure to comply with the provisions of an approved mitigation/remediation plan by the Permitting Officer, or designee.
E. Failure to comply with any provision of this Chapter.
6. Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. The notification shall specify reasons for the action.
7. Effect of revocation, etc. When an application for a permit is denied, or when a permit is revoked, the applicant may not re-apply for a new permit for a period of 1 year from the date of the denial or revocation.
8. Appeals. No permit may be denied, suspended, revoked, or not renewed without notice and an opportunity to be heard is given the applicant or holder of the permit. In any instance where the Permitting Officer has denied, revoked, suspended, or not renewed a permit, the applicant or holder of Urban Chicken may appeal the decision to the City Administrator, or designee other than the Permitting Officer within ten (10) business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing. The decision of the officer hearing the appeal, or any decision by the Permitting Officer which is not appealed in accordance to this Chapter shall be deemed final action.
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