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HomeMy WebLinkAboutO-2009-3178 allowable concentration of domestic animals on large lots ., " REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 14, 2009 Report: Resolution: Ordinance: X Appropriation: N/A Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Requested By: Tim Tietiens Department: Planninl!: Exhibits: Draft Ordinance Ordinance (final) SUMMARY & RECOMMENDATION City Council directed staff to conduct a review of the existing provisions of Section 106-742, Code of Ordinances, Chapter 106 (Zoning) regarding the number of animals permitted per acre. Currently two grazing animals are allowed per acre. This request was made in conjunction with citizen's questions as follows: · To allow recreational livestock as a permitted accessory use on lots in excess of I-acre, · No specific concentration of recreational livestock be established, and · To reduce the buffer requirements for grazing livestock. On July 16,2009, the Planning and Zoning Commission held a preliminary public hearing/workshop where Staff presented an overview of the provisions mandated by the current City ordinance and similar approaches adopted by the neighboring cities regarding domestic livestock. Staff also shared the results of the research by the American Planning Advisory Services pertaining to domestic livestock. Staff worked diligently with the Planning and Zoning Commission to address issues raised by the citizens and drafted amendments to the ordinances which had consensus from the audience during public testimony. Proposed amendments to the ordinances are as follows: · Recreational livestock is a permitted accessory use kept on tracts of contiguous land totaling one acre in size or larger. · In the event of recreational livestock, no specific concentration is established but the requirements of Section 34-126 shall be applicable. · The buffer zone is reduced from 25 feet to 5 feet only from the property that is not devoted to keeping of domestic livestock. After a public hearing at the August 20, 2009, meeting, the Planning and Zoning Commission, by unanimous vote, recommended the above amendments to the Zoning Ordinance regarding domestic livestock. Action Required bv Council: 1. Conduct a Public Hearing. 2. Consider Planning and Zoning Commission's recommendation for proposed amendments to Section 106- 742 of the Code of Ordinances pertaining to domestic livestock. ~ /, ~9 Date ORDINANCE NO. 3/1 ~ -~~- AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF /THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, IN GENERAL, SECTION 106-1, DEFINITIONS, ARTICLE V, SUPPLEMENTARY DISTRICT REGULATIONS, DNISION 2, ACCESSORY BUILDINGS, USES, AND EQUIPMENT, SECTION 106-742, DOMESTIC LNESTOCK WITH REGRADS TO REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY OF LA PORTE, LARGE LOT (LL) DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTNE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, Zoning, Article I, In General, Section 106-1, Definitions, is hereby amended to add the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fowl means any goose, chicken, peacock, guinea, duck, turkey, and/or other member of the bird family. Grazing Livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be pasture animals that can sustain themselves under normal circumstances in concentration defined herein in this chapter. Recreational Livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be housed in a barn or similar structure, requiring supplemental feed and care in order to be kept in concentration defined in this chapter. Section 2: That Chapter 106, Zoning, Article V, Supplementary District Regulations, Division 2, Accessory buildings, Uses, and Equipment, Section 106-742, Domestic Livestock, is hereby amended to read as follows: (a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of one acre (43,560 square feet), provided that all domestic livestock as defined above be restrained by a properly constructed and maintained fence no closer than five feet from property that is not devoted to the keeping of domestic livestock or by a perimeter property (exterior) fence of such construction so as to be impenetrable by livestock and to prevent intrusion into neighboring residential properties, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (1) Two cows per acre. (2) Two horses per acre. (3) Two hogs per acre. (4) Two sheep or goats per acre. Plus one (1) head for each additional one-half (Y2) acre ofland on the same parcel. (b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl or recreational livestock in the Large Lot uses, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl, grazing or recreational livestock be such as to create a health hazard or nuisance. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of livestock or fowl for the purpose of breeding, commercial feeding or sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by Section 106-331, Table A. (d) Large Lot district only. (1) Recreational livestock is a permitted accessory use kept on tracts of contiguous land (under one ownership) totaling one (1) acre in size or larger. (2) For any pre-existing, non-conforming livestock use, without the required primary structure in existence prior to this ordinance, shall be permitted upon submittal and subsequent City approval. Upon such approval registration form shall be issued to the property owner. (3) Recreational livestock concentration shall not exceed grazing livestock concentration unless the following provisions are met: a. A barn and/or similar structure adequate to house livestock is provided to accommodate the number oflivestock regardless of type. b. Proper maintenance/care is adequately provided, and c. The site shall be maintained to avoid any public nuisance. 2 Section 3: All ordinances or parts of ordinances inconsistent with the terms ofthis ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 6. City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Texas Local Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED this lheJ!l:. day Of+~ ,2009. CITY F LAPORTE ('.....-- By: ATTEST: viJl-1ttM L t1uI City Secretary APP~~ I~'~A Assistant City Attorney 3 ') "..