ARTICLE XV ANIMAL RIGHTS, LIVESTOCK AND PASTURE STANDARDS

Transcription

1 ARTICLE XV ANIMAL RIGHTS, LIVESTOCK AND PASTURE STANDARDS Sec Purpose And Applicability. The purpose of this article is to provide allowances, prohibitions, limitations and standards for the keeping and raising of livestock. It is the intent of this sectionarticle to encourage the use and protection of agricultural lands in more rural areas of the City for animal husbandry purposes, maintain and enhance the city s rural lifestyle, encourage household self-sufficiency, promote the benefits of animal husbandry,and minimize potential adverse effects on adjoining property from the establishment of incompatible uses relating to the keeping and raising of animals livestock to neighboring residents and to educate youth as to the enjoyment and responsibilities of raising and caring for livestock. The allowances, prohibitions, limitations and standards set forth in this Article shall not apply to youth raising or caring for livestock for purposes of participation in a related educational program, such as 4-H (Head, Heart, Hands and Health Club/Program). However 4-H livestock shall not be kept in any manner so as to cause offense to neighboring residents regarding noise, odor, dust, drainage/runoff, etc. Complaints about such may be subject to the City of Lewiston requiring corrective action to be taken to abate any such offense, up to and including requiring the removal of the livestock from the subject property. The ccity of Lewiston recognizes and supports the right to maintain keep and raise livestock in a manner consistent with accepted customs and keeping with the standardrequirements established herein by right in the Agricultural Transitional (F-2) Zone (F-2 Zone) and the Suburban Residential (R-1) Zone (R-1 Zone)districts, and with a cconditional uuse ppermit, in the Low Density Residential (R-2A) Zone (R-2A Zone)district. The ccity of Lewiston has determined that inconveniences or discomforts with farming activities the keeping of livestock shall not be considered a nuisance if operations are consistent with accepted customs and standards and the code sections set forth below. (Ord. No. 4354, 5, ) Sec Definitions. Any term used but undefined in this Article shall be defined as per common definition of the English Dictionary. Animal means livestock, as defined herein Animal rights means the ability to keep a specific number and type of livestock or poultry on a piece of property because of it being allowed by the zoning, authorized by a cconditional uuse ppermit, or as a historic, legally established and continuously maintained nonconforming use. 1

2 Cleaning means the removal of manure from stalls or pens, stockpiling of manure, composting of manure, tilling manure into fields or hauling the manure off site. Corral means an outdoor stall. Dry lot means an area of property upon which no forage is present for feeding. Dry lots shall be at least nine hundred (900) square feet with a minimum dimension of ten (10) feet. Dry lots shall not be partitioned into less than nine hundred (900) square foot areas. Dry lots are a place of temporary containment for convalescing animals, animals being worked, or animals given regular exercise on a different location of the property. Farming means the raising and harvesting of crops; feeding, breeding and management of livestock; growing and harvesting of timber; dairying; or any other agricultural or horticultural use or any combination thereof. It includes the construction and use of dwellings and other structures customarily provided in conjunction with farming and further includes the disposal, by marketing or otherwise, of products produced on the premises. Standards for the keeping of livestock in a zone in which farming is permitted shall be the same as the standards for the keeping of livestock under a conditional use permit. Feedlot means a property which does not have sufficient livestock area or animal rights for the number of livestock and poultry on-site, whereon livestock is confined for any period of time, for the primary purpose of feeding prior to sale. Feedlot does not include the raising, feeding and keeping of livestock by children residing on the property for the purpose of participation in educational programs such as 4-H. Livestock is a generic term and includes all cattle or animals of the bovine species; all horses, mules, burros and donkeys or animals of the equine species; all goats or animals of the caprine species; all swine or animals of the porcine species; all sheep or animals of the ovine species; all poultry; llamas and alpacas. Sucklings, or livestock which are born from animals already on a property and less than three (3) months old shall not be counted toward the allowable number of livestock on any given property. Livestock area means pasture, corrals, dry lots, feedlots and other property including buildings and structures, available to and used by the livestock. Livestock area size shall be determined by taking the gross parcel size, and any leased area, and excluding therefrom the minimum residential lot size required by the zoning classification and any other properties not in regular use by the livestock. Livestock area shall not be reduced by the minimum lot size required by the zoning classification when a residential structure has not been constructed on the property. Pasture means an area of property whereon forage for the type of livestock being grazed or otherwise confined is sustained over the entire area on a continual basis except for when the pasture is being rotated, plowed or replanted. Poultry means a gallinaceous (gallus domesticus) bird of the phasianidae family, excluding those younger than twelve (12) weeks. Pigeons, quail, partridges, squab, pheasants, doves, grouse, including the male gender thereof, shall also qualify as poultry for purposes of this chapter. Female/hen chickens 2

3 shall also qualify as poultry, however male chickens/roosters and any peafowl, guineafowl, turkey or waterfowl shall be excluded from this definition. Stall means a compartment for one animal in a stable or barn. The minimum stall size is ten (10) feet by ten (10) feet. (Ord. No. 4354, 5, ) Sec Allowedable numbers of animals. Farming includes the keeping of livestock. Where the keeping of livestock is permitted outright or as conditional use in a residential zone, the following standards shall apply: Maximum allowable numbers of animals shall be as set forth below: (a) Horse and cattle. One (1) head for the first one-half (1/2) acre of livestock area and one (1) head for each additional one-third (1/3) acre of livestock area (not including sucklings). (b) Llamas. Two (2) llamas for the first one-half (1/2) acre of livestock area and four (4) llamas for each additional acre of livestock area (not including sucklings). (c) Sheep, goats, and alpacas, ostriches and emus. Five (5) head of sheep for the first one-half (1/2) acre of livestock area and ten (10) head of sheep for each additional acre of livestock area (not including sucklings). Five (5) head of female or castrated male goats or alpacas, or any combination thereof, for the first onehalf (1/2) acre of livestock area and ten (10) head for each additional acre of livestock area. The keeping of uncastrated male goats in a residential zone is not permitted. (d) Poultry. All poultry must be confined on-site. Only one (1) rooster is permitted for each one-half (1/2) acre of livestock area. The maximum number of poultry on a lot in the F-2 Zone shall be ten (10) for the first seven thousand five hundred (7,500) square feet of lot area, plus one (1) additional bird for each additional one thousand (1,000) square feet of lot area, to a maximum of fifty (50) birds. The maximum number of poultry on a lot in the R-1 or R2A Zone shall be ten (10) for the first seven thousand five hundred (7,500) square feet of lot area, plus one (1) additional bird for each additional one thousand (1,000) square feet of lot area, to a maximum of fifteen (15) birds. The number of pullets or birds younger than twelve (12) weeks on a property at any given time shall not count against the total number of birds allowed and shall not exceed the allowable number of poultry older than twelve (12) weeks. Pullets shall be allowed for a time period not to exceed nine (9) weeks and shall not be allowed from the end of the first week of May to the end of the first week in September, unless their number, combined with the number of birds older than twelve (12) weeks, does not exceed the maximum allowable number of birds older than twelve (12) weeks. 1. Poultry shall be contained in indoor coops and enclosed, outdoor runs which consist of a minimum of three (3) square feet of floor area per bird for the coop and a minimum of nine (9) square feet of outdoor ground area per bird for the run. Required floor area for a coop shall included any level located at least eighteen (18) inches above the ground and for which there is a resting or walking platform provided and where such platform has at least twenty four (24) 3

4 inches of overhead clearance and has no dimension less than twelve (12) inches. Both coops and runs shall be required for the keeping of poultry. 3. Coops and runs shall not displace or infringe upon any off-street parking or vehicle maneuvering area which may be required by this code for the primary use of the property. 4. Coops shall be securely covered on top to prevent intrusion of rain and have walls on a minimum of three sides. 5. Coops shall be located to the side of or behind any on-site residence, not closer than five (5) feet to any property line and not closer than twenty (20) feet to any existing, neighboring residence, including any attached garage and any adjoining deck or patio; any existing, neighboring gazebo, swimming pool or hot tub, or detached accessory building in excess of two hundred (200) square feet. 6. Runs shall be enclosed by a six (6) foot tall minimum fence, with the wings of the birds clipped to prevent their escape. 7. Runs may be located anywhere relative to any on-site residence but shall not be closer than twenty (20) feet to any existing, neighboring residence, including any attached garage and any adjoining deck or patio; any existing, neighboring gazebo, swimming pool or hot tub, or detached accessory building in excess of two hundred (200) square feet. However, runs may be closer to any existing, neighboring detached accessory building in excess of two hundred (200) square feet if written permission is obtained from the neighboring property owner or owners (if abutting more than one (1) property). 8. Coops and runs shall be constructed and maintained so as to prevent the birds from escape. 9. Ground surface of run areas shall be dirt, grass, straw, and/or other appropriate surface type conducive to the habits and health of poultry. 10. Coops and runs shall be cleaned a minimum of two (2) times per week, or more during wet season, such that they provide a healthy living area for the poultry and do not cause offensive odors or insect nuisance to neighbors Coops and runs shall be constructed and maintained so as not to allow stormwater or other drainage on to neighboring property, including public rights-of-way and drainage ways. (e) The keeping of swine, geese or male chickens, i.e. roosters in a residential zone is prohibited.. (gf) The standards for the allowable numbers of livestock as specified above may be exceeded for a three (3) month period for a suckling when it is slow to mature to market weight and needs to be kept with its mother.the standards above may be exceeded for a three (3) month period for a suckling when it is slow to mature to market weight and needs to be kept with its mother. (hg) The allowable number of livestock and the related standards contained herein shall also apply where the keeping of livestock is related to a commercial agricultural operation, unless otherwise authorized by Conditional Use Permit. 4

5 (h) Where more than one type of livestock is kept on a property and the different types of livestock have different required space or area requirements, the amount of area provided shall be equal to or greater than the minimum areas required by this Article for the cumulative amount of areas for each type of livestock. Livestock shall be allowed to co-mingle provided that maintenance standards are complied with and that it does not result in any nuisance to neighbors. Animals shall be kept in such a manner as to no constitute a nuisance with respect to neighboring properties. (i) Grandfathered animal rights. For properties that do not have sufficient livestock area for a given number and type of livestock or poultry as required by this section, a determination that animal rights exists will be made upon demonstrating that the property has been consistently used for animals from 1993 to present, the number of animals has not increased and the type of animals has not changed. Changes can be made in the number and types of animals that bring the property into closer conformance with the adopted livestock area standards. (Ord. No. 4354, 5, ) Sec Pasture mmaintenance standards. (a) Drainage. Positive drainage shall be maintained in all stalls, dry lots livestock and manure storage areas to avoid prevent introducingtion of moisture into areas with manure if possible. Stormwater runoff from any livestock area shall not be allowed on to any neighboring property, including public roads rightsof-way and drainage ways. (b) Fencing. Properties with animal rights are to be fenced to keep animals on their owner s property. The type of animals confined shall determine the appropriate fence materials. Fencing shall be maintained by the owner. (c) Forage. (1) Forage shall be continually present on all areas of property considered to be pasture, unless the pasture is in the process of being replanted. (2) The person owning the pasture shall be responsible for eliminating noxious weed growth. (d) Manure clean up. (1) Stalls, coops, corrals, runs and structures which hold or shelter livestock buildings shall be cleaned at least twice per week such that they provide a healthy living area for the livestock and do not cause offensive odors or insect nuisance to neighbors. (2) Corrals shall be cleaned at least twice per week except when weather conditions have saturated the ground. Cleaning shall occur as soon as practical after the ground has dried. (3) Dry lots shall be cleaned weekly except when weather conditions have saturated the ground. Cleaning shall occur as soon as practical after the ground has dried. (4) Pastures need not shall be cleaned once per monthwhen established livestock area/ratios are being complied with, unless manure becomes offensive to a neighbor in which case pastures shall be cleaned of manure with such 5

6 frequency as to not be offensive to a neighbor. If manure becomes concentrated in a small portion of the pasture it shall be cleaned monthly. (e) Manure disposal. (1) Manure may be hauled off site to an approved facility. (2) Manure may be composted on-site provided the composting area is not located within thirty (30) feet of any property line and manure composting/storage guidelines are being complied with. (3) Manure may be spread, tilled, and harrowed into pastures. The pasture area shall be a minimum of one-half (1/2) acre for each two (2) cows or horses being confined on the property. Manure may not be tilled into the soil within twenty-five (25) feet of a Category B drainage, one hundred (100) feet of a municipal well, or in areas known to have high water table. (f) Manure storage. (1) Stockpiled manure storage areas shall not exceed a footprint of five hundred (500) square feet from March through October and eight hundred (800) square feet from November through February and be no greater than six (6) feet high. Stockpiled manure shall be placed a minimum of thirty (30) feet from any property line. (2) Stockpiled manure shall not be stored for a period of longer than fortyfive (45) days during the months of March through October, and sixty (60) days from November through February, weather permitting. (g) The materials cleaned from stalls, pasture areas, coops, runs, etc. shall be removed from the property, unless composted or re-used and located on-site in such a manner as not to cause any nuisance to neighbors, in terms of odor, drainage, or insect attraction. (h) Animals shall be kept in such a manner as to not constitute a nuisance to neighbors, in terms of noise, odor, animal trespass, attraction of insects, etc. (Ord. No. 4354, 5, ) Sec Conditional use permits. (a) The keeping of a type of livestock not explicitly governed herein may be permitted by Conditional Use Permit, subject to keeping with the intents, purposes and maintenances standards set fort in this Article. (b) Approval of any Conditional Use Permit application governed by this Article shall be presumed to allow the keeping of any/all types of livestock permitted under this Article, subject to the limitations and standards herein, unless otherwise specified as a condition of approval of the Conditional Use Permit.Livestock owners who have met all aspects of the standards for livestock and pasture areas for a period of two consecutive years may apply for a conditional use permit to exceed the number of animals allowed by section of this code. (bc) Approval of any Conditional Use Permit application governed by this Article shall be presumed to run with the land and carry over from one property owner to the next, unless otherwise specified as a condition of approval of the Conditional Use Permit. The administrator shall determine whether standards 6

7 have been met after taking into account any evidence the livestock owner submits and any legitimate complaints filed against the livestock owner. (cd) Conditional Use Permits for animal rights shall automatically become null and void if the property is not used for the keeping of livestock for any period exceeding two (2) consecutive years.the livestock owner shall have the burden of demonstrating why a greater number of animals is appropriate and will not unduly impact neighboring property owners. (de) Any change to the type of livestock or any increase in the number of livestock or any change to any other aspect of the keeping of livestock that is a condition of approval of a Conditional Use Permit shall be subject to approval of a new Conditional Use Permit, unless the original permit did not limit numbers and/or types of livestock allowed or any other aspect of the keeping of livestock.conditional use permit approved under this section shall be granted to a specific owner(s) and shall not be transferable or relocatable. (Ord. No. 4354, 5, ) Sec Grandfathered animal rights. (Aa) Owners of property having who have had and continue to have livestock in the R-1 Zone or F-2 Zone where such use does not comply with the regulations of this Article but which did comply with the regulations prior to the 2012 modification to this Article may continue such keeping of livestock, provided no changes are made which put the situation further out compliance with the regulations or intents and purposes of this Article. (Bb) Owners of property having livestock or having types and/or numbers of livestock in the R2-A Zone which do not comply with the regulations of this Article and which were not approved by Conditional Use Permit prior to the 2012 modification to this Article or explicitly documented by the Community Development Department as grandfathered prior to the 2012 modification to this article shall, within thirty (30) days upon written notification by the Community Development Department, apply for either grandfathered animal rights or a Conditional Use Permit for the keeping of such livestock or bring the situation in to compliance with the current provisions of this Article. The approval of grandfathered animal rights or Conditional Use Permit shall be necessary for the property owner to continue the keeping of such livestock. (Cc) Grandfathered animal rights may be granted by the Community Development Director, or designee, for properties for which the owner demonstrates that the property has been consistently used for the keeping of livestock for a minimum of five (5) consecutive years from present. For owners of property where livestock have been kept for les than 5 years but a minimum of 6 months, the continuation of their keeping of livestock shall only be allowed by approval of a Conditional Use Permit. (Dd) Application for and granting of grandfathered animal rights must be specific and limited to a certain number and type of livestock. The granting of grandfathered animal rights shall run with the land and be transferable to future 7

8 owners of the property, unless the keeping of livestock ceases for any period in excess of two (2) consecutive years. (Ee) In order to determine that grandfathered animal rights exist, the Community Development Director, or designee, shall first determine that the situation is consistent with the intents and purposes of this Article. Applicants for grandfathered animal rights may make changes to the types of livestock, the numbers of livestock or the standards or conditions under which they keep their livestock in order to bring their situation in to or toward compliance with the current provisions of this Article in order for the Community Development Director or designee to make the finding that the situation is consistent with the intents an purposes of this Article and to grant grandfathered animal rights No change shall be made to a grandfathered animal rights situation whereby such change causes or increases a nuisance to a neighbor. If the finding is made that the situation pertaining to a grandfathered animal rights request is not consistent with the intents and purposes of this Article, animal rights shall only be allowed if approved by Conditional Use Permit. Following any determination of grandfathered animal rights the Community Development Director or designee shall cause owners of properties directly abutting the subject property to be notified in writing of the determination and that they may appeal such determination in writing subject to the applicable fee, adopted by Resolution of the City Council for appeals, within fifteen (15) days of the date on the notice. Receipt by the Community Development Director, or designee, of any appeal shall require the person(s) requesting the grandfathered animal rights to file a Conditional Use Permit application for animal rights. Approval of the Conditional Use Permit application, pursuant to the procedures set forth in Article IX of this Chapter, shall then be required in order for animal rights to be allowed. (Ff) For properties with grandfathered animal rights, any change to the allowable type of livestock, any increase in the number of livestock or any change to any other aspect of the keeping of livestock which might cause a nuisance to neighbors, such as decreasing the livestock area or poultry area, or relocating the livestock on the property closer to a neighboring home, shall be subject to approval of a change to the grandfathered animal rights per the grandfathered animal rights approval process specified above or be approved by Conditional Use Permit. (Gg) Grandfathered animal rights shall automatically become null and void if not used for any period exceeding two consecutive years. 8