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HomeMy WebLinkAboutOrdinance 5198 ORDINANCE NO, 5198 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE BY REPEALING AND REPLACING UDC SECTION 164.04: ANIMALS AND FOWL, TO PERMIT A PROPERTY OWNER TO KEEP A MAXIMUM OF FOUR CHICKENS (HENS) WITHIN RESIDENTIAL DISTRICTS OF THE CPTY. SUBJECT TO THE RESTRICTIONS HEREIN. WHEREAS, the City of Fayetteville encourages a sustainable and local economy that may include local produce or small-scale use of certain fowl, such as chickens; and WHEREAS, chickens are identified as agricultural or barn-yard animals and are thus currently not permitted within residential zones of the City; and WHEREAS, the use of a home-owner's property to keep hens, along with specific restrictions regarding cleanliness, enclosures, separation from adjacent structures, noise, and a limited number permitted on each property, is a compatible and reasonable request, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas, hereby repeals and replaces Unified Development Code Section 164.04: Animals and Fowl, as shown as "Exhibit A" attached hereto and made a part hereof. ,�..%�'RK%TR ''' ,, Off' � � . . . . ,�S G\ZY pc . G PASSED and APPROVED this 2nd day of December, 2008. ;��• •?A ; FAYETTEVILLE ; APPROVED: ATTEST: 4: 9s. Goo *"9RkANSP�' By: �& dl �Z4�� By: '' ""jGi,Ou DAN COODY, Mayor SO RA E. SMITH, City Clerk/Treasurer • Exhibit "A" • ADM 08-3094 Page 1 of 2 CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS 164.04 Animals And Fowl (8) Fowl currently existing in the city shall not be "grandfathered" or permitted to remain after (A) It shall be unlawful for any person to permit or the effective date of this Ordinance. allow any domesticated animal or fowl to run at large within the corporate limits of the city. (9) The City may further restrict the use of fowl within residential districts if it causes a public (B) Animals traditionally associated with the practice nuisance or public health issue as defined in of livestock raising or farm animals, such as City Codes. horses, goats, swine, chickens, cows and other such animals are not considered pets and are not (10) All regulations administered by the Animal permitted within any zoning district in the city Services Division sha!I be enforceable by limits, with the exception of R-A, Residential law, and this ordinance shall not supersede Agricultural or other zoning districts in which Use or replace any regulation thereof. Unit #6, Agriculture and Use Unit #7, Animal Husbandry are permitted uses by right, unless (D) The above Section C is not intended to apply to otherwise stated herein. indoor birds kept as pets, such as, but not limited to, parrots or parakeets, nor to the lawful (C) It shall be lawful for any person to keep, permit or transportation of fowl through the corporate limits allow any fowl within the corporate limits of the of the city. Neither shall it apply to fowl kept in city in all Residential zones under the following areas of the City which are zoned R-A, terms and conditions: Residential Agricultural, or other zoning districts in which Use Unit #6, Agriculture and Use Unit (1 ) The principal use of the property shall be a #7, Animal Husbandry are permitted uses by single family dwelling. No fowl shall be right. allowed in multi-family complexes, including two-family and three-family dwellings. (E) Separation of use. The following uses, where permitted, shall be conducted no nearer than the (2) No more than four (4) hens shall be allowed following stated number of feet to the boundary of for each single-family dwelling. an R District, or to a dwelling on the same premises. (3) No roosters shall be allowed. (4) There shall be no outside slaughtering of 25 FEET hens. Chicken Coop in Residential districts (from residential dwelling on adjacent lot (5) All hens must be kept in a secure, fenced enclosure constructed with a minimum area of 100 square feet. All hens shall be kept in 50 FEET the side or rear yard, and may not be Animal hospital; serving household pets and similar small permitted in the front yard area. animals Commercial breeding, raisin (6) A Chicken coop/roost area shall not be Boarding: breeding, raising, or boarding of household pets or located closer than twenty-five (25) feet to similar small animals for commercial purposes any residential structure on an adjacent lot, Kennel and shall meet building setbacks. Egg fans (7) Enclosures must be kept in a neat and 100 FEET sanitary condition at all times, and must be cleaned on a regular basis so as to prevent Animal hospital: serving livestock and similar animals offensive odors, attraction of flies or vermin, Boarding or training of horses the creation of an environment otherwise Dairy fans Poultinjurious to the public health and safety, or Farm fans that would obstruct the free use of property Farm: for raising cattle, goats, horses, sheep, rabbits and poultry so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood, city, or other persons. CD164:1 Fayetteville Code of Ordinances 200 FEET Ho raisin livestock: assembly, breeding, feeding, sales or shi ment (Code 1965, App. A., Art. 7 (3); Ord. No. 1747, 6-29-70; Code 1991 , §160.078; Ord. No. 4100, §2 (Ex. A.), 6-16-98) CD164:2 a k,b City of Fayetteville Staff Review Form 1Z-/ Z469 61gg City Council Agenda Items Ayn6d IbglbV and Contracts, Leases orAgreements y ,{wak ! 6015 a6FfF2BC8' �����d r�1' City Council Meeting Date Agenda Items Only Jeremy Pate Planning Operations Submitted By Division Department Action Required: ADM 08-3094 (UDC Ch. 164.04 Animals & Fowl): An ordinance amending Ch. 164.04 of the Unified Development Code to permit a property owner to keep a maximum of four chickens (hens) within residential districts of the city, subject to the restrictions of the ordinance. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Dale Program / Project Category Name Project Number - Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # bepartmerh Director Date Original Contrail Date: a b Original Contract Number: City Attorfey Date Received in City "' rctg►J 0. f1 p ^ z � - O8 Clerk's Office Finance and Internal Service Director Date vt ! V D Received in Mayor's Office Mayor Date Comments: 11W 64 40WIAd 11T Re ' ed April 16, 200 1,5 �/Ooo T 1 • City Council Meeting of October 7, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations �q From: Jeremy C. Pate, Director of Current Planning b� Date: September 19, 2008 Subject: UDC Ch. 16.04 Animals & Fowl (ADM 08-3094) RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance amendment to Ch. 164 of the Unified Development Code, Animals and Fowl, to permit a property owner to keep a maximum of four chickens (hens) within residential districts of the City, subject to the restrictions listed. BACKGROUND The City of Fayetteville's zoning regulations do not currently permit typical barnyard, livestock or farm animals to be . kept within the municipal limits, unless the property is zoned R-A, Residential Agricultural. The reason for this regulation is typically associated with nuisances that come about from often intense farming or livestock operations: odor, noise, sanitary conditions, etc. Staff has investigated numerous violations regarding various animals within the City over the years, including horses, cows, chickens, ducks, pigs, , rabbits and other such animals. Staff recently discussed with a City Council member a violation of a citizen who was raising hens in her back yard. After explaining the ordinance requirement, we were asked to draft an ordinance to present to the Planning Commission and City Council to permit chickens within the city limits, subject to certain restrictions. After some research into various other municipalities across the country, it became apparent that this was an issue that has been raised in hundreds of cities in the nation, with many ordinances being re-drafted to allow the raising of chickens, which can be a low-impact, sustainable source of income or food. Presented to the Council is a draft of an ordinance that pulls information from several of these cities, and adapted to fit Fayetteville. The proposal is to amend the current Ch. 164.04, Animals and Fowl, of the Unified Development Code, to permit up to four hens to be raised in all residential districts of the City, provided the use on the property is a single family residence. Other stipulations include: • None allowed in 2F, 3F or MF complexes (issues of sanitary conditions, density, etc.) • No more than four hens (cities vary from 3 to 25, or sometimes base it on lot size; staff chose to keep it at a low number, to allow both large and small lots this use) • No roosters (to reduce noise issues) • No slaughtering of animals outside • All hens must be kept in a secure enclosure; when the owner is present, they may be let out of the enclosure, as long as the yard is fenced • Must be kept in side or rear yard — no front yard use • The enclosure must be kept 40 feet from any residential structure on adjacent lots and must meet building setbacks City Council Meeting of October 7, 2008 Agenda Item Number • Must be kept neat and sanitary at all times • Not applicable to R-A districts A list of cities with similar ordinances includes: • Portland, OR • Spokane, WA • Little Rock AR • Seattle, WA • Round Rock, TX • Burlington, VT • San Antonio, TX • Anaheim, CA • Madison, WI • St. Louis, MO • Louisville, KY • Boise, ID DISCUSSION The Planning Commission voted 6-2-0 (Kennedy and Graves voting `No') in favor of this request on September 22, 2008. An amendment was made to increase the distance from the enclosure and adjacent residential structures from 25 feet to 40 feet. Staff finds the permission of a maximum of four hens within the city limits in residential districts, with the provisions suggested in the ordinance, will contribute to a more sustainable and local lifestyle and will not detract from nor reduce the comfortable enjoyment of life or property by other members of the city. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE BY REPEALING AND REPLACING CHAPTER 164.04: ANIMALS AND FOWL, TO PERMIT A PROPERTY OWNER TO KEEP A MAXIMUM OF FOUR CHICKENS (HENS) WITHIN RESIDENTIAL DISTRICTS OF THE CITY, SUBJECT TO THE RESTRICTIONS HEREIN. WHEREAS, the City of Fayetteville encourages a sustainable and local economy that may include local produce or small-scale use of certain fowl, such as chickens; and WHEREAS, chickens are identified as agricultural or bam-yard animals and are thus currently not permitted within residential zones of the City; and WHEREAS, the use of a home-owner's property to keep hens, along with specific restrictions regarding cleanliness, enclosures, separation from adjacent structures, noise, and a limited number permitted on each property, is a compatible and reasonable request, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas, hereby repeals and replaces Unified Development Code Chapter 164.04: Animals and Fowl, as shown as "Exhibit A" attached hereto and made a part hereof. PASSED and APPROVED this day of 2008. APPROVED: ATTEST: By: By. DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer Exhibit "A" ADM 08-3094 Page 1 of 1 CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS (8) Fowl currently existing in the city shall not be 164.04 Animals And Fowl "grandfathered" or permitted to remain after the effective date of this Ordinance. (A) It shall be unlawful for any person to permit or allow any domesticated animal or fowl to run at (9) The City may further restrict the use of fowl large within the corporate limits of the city. within residential districts if it causes a public nuisance or public health issue as defined in (B) Animals traditionally associated with the practice City Codes. of livestock raising or fans animals, such as horses, goats, swine, chickens, cows and other (10) All regul iopnr s administered by the Animal such animals are not considered pets and are not ServiIwsion shall be enforceable by permitted within any zoning district in the city law, and : _ is ordinance shall not supersede limits, with the exception of R-A, Residential o re,lla an egulation thereof. Agricultural, unless otherwise stated herein. _ (D) ,above Section+G i not intended to apply to (C) It shall be lawful for any person to keep, permit or indoor birds kept asp tel such as, but not limited allow any fowl within the corporate limits of the to, parrots or para keeets, , or to the lawful city in all Residential zones under the following transportation of fowl 1hro0gh a corporate limits terms and conditions: of the ci either shall it p iy to fowl kept in areas t e City which rrezoned R-A, (1 ) The principal use of the property shall be a es dentia Agricultural. single family dwelling. No fowl shall be allowed in multi-family complexes, iI� ldr (E) e�parafion of use. The following uses, where two-family and three-family dwellings. pei i6� d, shall be conducted no nearer than the follov3i�1 gtated number of feet to the boundary of (2) No more than four (4) hens shall be allowed an R Distncl, or to a dwelling on the same for each single-family dwelling. premises. (3) No roosters shall be � Jr.4FEET (4) There shall bKeed ralulowed,ide Naig6hering of Fowl Enclosure in Residential districts (from residential hens. dwellingon adjacent lot (5) All hens must n a sAreencd�osure� o constructed at lea'IT feety'above the t50 FEET 'MWWsu a& evgroundx en the owner is no Animal hospital; serving household pets and similar small *rese t: Nfhen 'theowneis' resent all hens animals ust be kept in a %overA enclosure or a Commercial breedin , raisinIiced endosuvuf�`�alj3time5IhfaCnS Shall Boarding: breeding, raising, or boarding of household pets or hoke tin the side or�r�e^ar�yard,ad#ma not similar small animals for commercial purposes errmitted in the front and area. Kennel E fano (6) No�sure shall be I cated closer than forty (Z0)'feet to any resltle tial structure on an adjact St, eands'j�all meet building 100 FEET setbacks. Animal hos ital: servin livestock and similar animals Boardin or trainin of horses (7) Enclosuresmt in a neat and Dairy farm sanitary condition at all times, and must be Poultry farm cleaned on a regular basis so as to prevent Farm: for raising cattle, goats, horses, sheep, rabbits and offensive odors, attraction of flies or vermin, poultry the creation of an environment otherwise injurious to the public health and safety, or that would obstruct the free use of property 200 FEET so as to interfere with the comfortable Hog raisin enjoyment of life or property by members of Livestock: assembly, breeding, feeding, sales or shipment the neighborhood, city, or other persons. (Code 1965, App. A., Art. 7 (3); Ob. No. 1747, 6-29-70; Code 1991 , §160.078; Ord. No. 4100, §2 (Ex. A.), 6-16-98) CD164:1 Planning Commission September 8, 2008 Page 12 of 18 ADM 08-3094: (UDC CHAPTER 164.04, ANIMALS & FOWL): Submitted by Planning Staff, a request to amend Chapter 164 of the UDC, Unified Development Code, Animals & Fowl. The proposed amendment would permit 4 hens to be kept within residential districts, subject to several restrictions to achieve compatibility with adjacent land uses. Jeremy Pate, Director of Current Planning, gave the staff report. The proposed amendment for consideration was requested by a City Council member, to address a citizen's request. Currently the City's zoning regulations do not permit any type of barnyard/agricultural animals within residential districts. These determinations have occasionally been tested, and interpreted consistently. The reason for the regulation is most likely associated with nuisances that come about from intensive farm uses: odor, noise, and sanitary issues. Staff has discussed potential issues with Jill Hatfield from the Animal Services Division and also did research with other cities with regard to allowing chickens within their city limits. There are many across-the-board requirements that other cities have that we are proposing: no roosters; a maximum number of hens, which is often based on lot area; we have decided on four hens maximum. In addition most cities have requirements for enclosures, which we have decided must be above the ground, kept sanitary, and that Animal Services could inspect. Another concern was that we wanted to limit this to single-family residences, despite the zoning. This will potentially allow chickens to be kept in multi-family zoning districts, as long as it is single family home that occupies the property. Another stipulation we are proposing is that the hens must be kept in the enclosure if the owner is not present, but they may be allowed out so long as they are kept within a fenced back or side yard area. The enclosure must be kept 25 feet from any residential structure. This ordinance would not be applicable to R-A districts, where it is a use by right. Staff recommended approval of the request. Commissioner Trumbo opened the floor to public comment. Steve Nolan, 2154 Manor Dr., I have lived in Fayetteville since 1951 . Three items I would like to consider tonight. First, everyone in Fayetteville has the potential of residing downwind or downhill from these birds. Twenty-five feet in new neighborhoods will place them directly on the property line. Second issue is health. Poultry have diseases that may be transmitted to humans. We would not be able to control these chickens like we control our dogs with vaccinations for rabies, etc. Third, due to the diversity of Fayetteville we feel that some might interpret this to mean that other domesticated animals could be raised on their property. I encourage you to vote no on this ordinance. No additional public comment was received. Commissioner Graves stated that one of his concerns was the selection of one species of animal and allowing that but not others. I can think of people who have pot bellied pigs as a pet kept in the house. Under this ordinance, it would not be allowed while chickens would be. Mr. Nolan is correct in the commercial farming aspect; there are a lot of commonly transmitted diseases, and nothing here that would include disease control for these types of animals within municipal limits. Why are we carving out an allowance for this one type of animal when it seems to be more appropriate as an agricultural use and left well enough alone? Planning Commission • September 8, 2008 Page 13 of 18 Pate stated that the first reason they were raising the issue was because it was brought to their attention by a City Council member. Keeping chickens on residential property is also associated with the sustainability movement by allowing more direct access to food and resources. Many subdivision covenants would prohibit them. In my time with the city we have processed at least five or six violations for chickens, and the outcome is that they have always had to be removed. This ordinance wouldn't necessarily prohibit any other animal than we already do. Commissioner Graves stated that although he understands why the ordinance amendment is being . proposed, he doesn't understand why we would make an exception for chickens and not ducks, pigs, or rabbits, which might also contribute to sustainable agriculture. Commissioner Trumbo stated he personally knows some current violators who use the chickens specifically for their eggs. He recognizes that it is catching on, it is grassroots, done cleanly, and there are only 3 or 4 birds at these places. He understands why people would want this passed. Commissioner Winston asked if the chickens are penned and somebody builds a house within 25 , feet of the chicken pen, would the pen or the house need to be moved? Pate stated that the enclosure would be required to be moved. Commissioner Anthes asked whether it was the secure enclosure, or the fenced area the chickens . could be let out to that would be the area that must be 25 feet from a structure. Pate stated it was the enclosure. Commissioner Anthes asked if staff would be amenable to a distance greater than 25 feet. Pate stated it was certainly up to the Commission for consideration. Kit Williams, City Attorney, stated that we might also look at the property line as opposed to the next structure to avoid what Mr. Nolan was talking about, where you could put it on the edge of the property as long as the house was 25 feet away. It might be that you would want to look at the property line as opposed to the residential structure, as it would ensure that it would be further away, because of the setbacks also. Commissioner Pate stated that the reason we did not go with the 25 feet from adjacent property lines is that on a 50-foot wide lot it would essentially not be permitted, because you could not be 25 feet away from each property line. Commissioner Anthes stated she was thinking that the minimum distance from a property line should be five feet, which would keep it so you're not putting your coop directly on a property line. Planning Commission Seplember 8, 2008 Page 14 of 18 Motion: Commissioner Anthes made a motion to forward the request to City Council with a recommendation for approval, changing line 3 on pg. 2 to read "the enclosure must be kept 40 feet from any residential structure, and must be contained within the building setback line." Commissioner Myres seconded the motion. Commissioner Anthes stated the language needs to be placed in the chapter under #5, so in addition to altering the staff report, it would need to be rewritten in the language. Commissioner Kennedy stated he agrees with Commissioner Graves in that he does not understand why the amendment allows only chickens and not any other barnyard animals, and that he will vote no. Pate stated that the Planning Commission requires five votes to forward the amendment. Upon roll call the motion to forward the request passed with a vote of 6-2-0, with Commissioners Graves and Kennedy voting no. t 9/9/2008 Planning- Form mail from MOssFayeftevillel - Chicken ordinance Page 1 From: <jkrees@cox.net> To: <webmaster@ci.fayetteville.ar.us> Date: 9/8/2008 7:25 PM Subject: [Form mail from AccessFayettevillej - Chicken ordinance CC: <planning@ci.fayetteville.ar.us> From: Kriste Rees Email: jkrees@cox.net To: planning@ci.fayetteviIle.ar.us Subject: Chicken ordinance Message: I support the chicken ordinance. I see no difference in having a chicken in my backyard and having a dog in my backyard--except that dogs bark and keep my awake. Thanks, Kriste Rees 1644 E. Susan Fayetteville, AR 72703 WUM%v Al cepvgwcR fZtwE& C HSIME$ ADAPbS'369L[ (d0C. c&. Ile a 4AIMa(5 fa.ao.�8 We, the undersigned, support an ordinance allowing up to four hens in a sing family dwelling in Fayetteville.undercertain conditions with a Conditional Us( Permit. Ico t.&08 6 08 Name Address IBJIT&Ttitc . g1tr 1 I fP► •. �l I. e.It flh?Jj I1 .1.E. 'G ./1r 'Al ��� .Ji teti .ia1 IL tl lfl dliM� l• w ►" 1. .r s We, the undersigned, support an ordinance allowing up to four hens in a single family dwelling in Fayetteville under certain conditions with a Cothtu>nal Use Permit. � �1� ._I'll ����®�l�li'rlf/� ��lr �0_ � i■Il�i ��� �etl�'!���" r • t hl 77i �: J / 1la� • r IZ aszepnraaflt�-__- '-=• - _ 'yam yil /. i 1 Ji11 t - —I r. ill • �V1 • 0 We, the undersigned, support an ordinance allowing up to four hens in a sinj family dwelling in. Fayetteville under certain conditions with a Conditional U≤ Permit. AJJ----- p,j, I , - - • . ' 1 l� t I. /' �1'peir� i ro Y &* T41 0 • .I �hl.IltJl���►?A'10 , r��l �i ` /• % �a SPA it • t fit: +i L J :�i A .%S 4 •�����S / _Rim �� 'i'Ti.L�'1_f � ' n. • a:.. a c • �-or✓�- 22`{30 Ui Cr We,the undersigned, support an ordinance..allowing up to four hens in a single family dwelling in Fayetteville under'certain conditions. 4. r Name Address i�Jro.: lba\ Q ii 11 9 YD/Dy - /� 1 qZa e C 2©a Sow 1 S "i itdjo$• Terre 1 1 5 l4li e. H'i?N I t _ ! ,� %4m 'r1oa� yjv S f2elo 9 r•-✓ i of �//v %/ �� t . fp/DY 510 Zz _'�uw d 4- io �aUoY 7 S vv o 41 y���o8 icy!. Ive2 N- _____ iL✓/ 72701 r of ` t . i S cvzft0% )&k 100 4NVL4*1 ,j41 -ii J 5 t2ii. n 0. l � 6.c6 , &V"%A; AZ t a7o �,� Al R i W . • • We; the undersigned, support an. ordinance allowing: up to four hens in asingle, family dwelling in Fayetteville under certain confditions.• ` fl� Name Address s -� � { _. , •' r 53 J Stilt tr.TA yA i ls'3 Z 21t3 t{ l.)70 - GG r r97.0f1 , G rA P CPI ' n/ `s7>s e,-- c , !Z 7Z rs;.p 32Y `J, ��i t /Z O� eS§e. ni 3 LA). f A 4 t2701.. __________•3075•• 7 5 L!/ 4�U 5hsl a �l av-. N- r eu,t e 9 27v. ^ 2 ' FA 10. -ti .. z Jo -11 J tJI •Qt\ vati2EitittaN.� "i n t. l zoo to�11-oY VIl C.} FR ≥7 03 ,o -11-a9 i. E/✓O2 ZZ E.4/&L4J Li #4Y 7a o Il °tiCb4ie JgqiOr cbS, �iil Art.,0 270 I yt.og Aq� z a We, the undersigned, support an ordinance allowing up to four hens in a single, family dwelling in Fayetteville under certain conditions with a Conditional Use Permit. Name Address ___ rearta J.•.. Il i . -A 4 `i M..r O l I itl.: J !/ f.tAi , �ll�laii/Vtaat rssr .re- < 1TflYTVW S `■■ l ��� i S tWt�, • t� • M 6 71 Fj 0 • We, the undersigned, support an ordinance allowing up to four hens in a sing) family dwelling in Fayetteville under certain conditions. Name Address O¼YAA.Q. v 69, l S\ LI Z i✓ 1 _ 5' �an S R bes$)ci (ar 0 e J lit '.� {� /'oc� (� a .b ,�%7•.: .tee L.. hS Ja I3s . v_:sowSf fl :/ 3 S }' L 8 S KESTREL bi FAME u wild^ Pnb,, 309 VSpr St. fl F4 e Vllk l %Z%DI LL i see 13rz&ih 3Dd'v i//eRc{ Fa 'e7o c,I 05 S/b Pe -4;e r ' arnsLtJ 2c1AL5cickLysr/ / S /rte via urn S W . �prG� _ Yle M- -' aku'-Qrs©wnFLj . \le it L P. ?pof Jky Asan±yJi f �. -7i- 7 O M LJ i r -iii . • We, the undersigned,. support an ordinance allowing up to four hens in a sings family dwelling.in Fayetteville under certain conditions. " Dp�e Name •. Address �c b 02. I^ Oaa b 1J ..19 25 0 1u_LS'G to frsfe` !4 /VI/ /6/z5-/6 16175/of UU1k101 'X \AS\' 42f✓/�i tbl�l I, .• Ltj AC. t tt tuv%ll{/'� s a .: 4e . 1. l . i. rcr /i _ 70,E J R C,/n L 4 Y 000 ./« f9 Zr. 1v 7tYD3 row McKivniov.1) i 3 ??z kockt,aof11 wt. 1oco*u,J Ave fc. 4+ x:11 717 01 kl;zabe h �\� 8o rZacLcaa �r.. 1b E a7&M-C- R.. fI3 W. No 1 $'Ic- -717 o3 kSti . X70 1/" �/ Iwf I ..p: __ 5z i `1 t- e i 27 a _G,r 5 20 R Z70 Si 9 Sk a 4� X01 I 5 .. Gl 1S 2JJ. &wIA- 4 0 4 - We; the undersigned, support`an ordinance allowing up to four hens in a sing family dwelling in Fayetteville under certain conditions. Name Address I; 10/id. V 1012 loj2SI0 161;5 ld1' ia111,-4 to 125104 r nfl Imo s.-,.. •.�tA lam via tie . I o . .. J We, the undersigned; support an ordinance allowing up to. four hens -in a single, family dwelling in Fayetteville under certain conditions. S We, the undersigned, support an ordinance allowing up to four hens in a single family dwelling in Fayetteville. under certain conditions with a Conditional Use' Permit. Name Address WM•� a ,r {Ms 1 ' 0 : ' ter r t J I r Ii1flIW __ I I 'i We, the undersigned; support an ordinance allowing up to four hens in a sing family dwelling in Fayetteville under certain conditions with a Conditional Use Permit. Name Address 7t-Daj (4kC9-& o 4 a�IL J o _ S o _ 1 S a-13-1 (VIA •o S • ks -7 n 2 -ra v + I b`n 5 N 2`x'3 L 91'o2_- nn a16C i�u^ 1o. AV. o ht e r L Lbq /� r3 Gvh Z L .n 4$J 4 7 O We, the undersigned, support an ordinance allowing up to four hens in a single I family dwelling in Fayetteville under certain conditions with a Conditional Use Permit. 4 Name Address ( o d 31c c 4pa4iLC3tY.0 e //c9/S. . . e .t v: C! 4(Z 72 5m (dud q� : k 7 ; 77& q 3 • Arkansas Premises Identification Ark Livestock & Poultry Comm Business/Farm Account Information: Business/Farm Primary Contact First name Middle name Last name Secondary Contact: (optional) First name Middle name Last name Business/Farm mailing Address: City: State: Zip: County: Phone number: - - ext: (D Business O Home O Cell O Fax ❑ Pager) Phone number: - - ext: (D Business O Home O Cell O Fax D Pager) Phone number: - - ext: (o Business O Home O Cell O Fax ❑ Pager) E-mail address: Business Type: ❑ Individual o Partnership o Incorporated o Limited Liability Corporation (check one) o Limited Liability Partnership o Non-profit Organization Operation Type: o Producer Unit/Farm o Clinic o Exhibition ❑ Laboratory ❑ Market/collection point (check al/ that apply) o Non -producer Participant o Rendering ❑ Slaughter plant o Tagging site Premises Information: (Primary location where livestock resides, if more then one location and animals are managed separately, apply for multiple premises ID's) Premises name/description: (example "home place". "heifer place") Premises Address: Must be a 911 address. Check if same as business/farm account mailing address O OR (if not the same as business/farm mailing address) 911 Premises Address: City: State: Zip: County: (Contact information will not be sold or given out by ALPO or NAIS without your prior written consent) COMPLETE PREMISES INFORMATION ON BA CK PA GE Premises Type: o Producer Unit/Farm o Clinic ❑ Exhibition o Laboratory o Market/collection point: (check all that apply) ❑ Quarantine Facility ❑ Rendering o Slaughter plant Species at Premises: o Beef Cattle o Dairy Cattle o Bison ❑ Swine o Sheep ❑ Goats ❑ Equine (check all that apply) ❑ Poultry o Deer and Elk ❑ Llama o Emu Additional Secondary Premises Information (optional): Premises name/description: _ 911 Premises Address: City: State: Zip: County: Premises Type: o Producer Unit/Farm o Clinic o Exhibition o Laboratory o Market/collection point (check all that apply) o Quarantine Facility o Rendering o Slaughter plant Species at Premises: o Beef Cattle ❑ Dairy Cattle o Bison o Swine o Sheep o Goats o Equine (check all that apply) o Poultry o Deer and Elk ❑ Llama a Emu Producer/Contact Signature: User Name: Password: Account#: FOR OFFICE USE ONLY Premise ID #: (minimum of 8 characters) (minimum of 8 characters) Return forms to: AR Livestock & Poultry Commission, #1 Natural Resources Drive, P. O. Box 8505, Little Rock, AR 72215 Website: www.arloc.ore For questions, contact ALPC support Phone: 501-907-2400 or e-mail: info arlpc.ore Fax: 501-907-2425 If you have more than two premises (animal locations), please request additional sheets •0 1 4 L 4). :v I- T' Pr I' q Exhibit ' o1 Oii ADM 08-3094 ""� Page I of 2 AMENDMENT NO. 2 12-02-08 CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS 164.04 Animals And Fowl (A) It shall be unlawful for any person to permit or allow any domesticated animal or fowl to run at large within the corporate limits of the city. (B) Animals traditionally associated with the practice of livestock raising or farm animals, such as horses, goats, swine, chickens, cows and other such animals are not considered pets and are not permitted within any zoning district in the city limits, with the exception• of R -A, Residential Agricultural, unless otherwise stated herein. (C) It shall be lawful for any person to keep, permit or .allow any fowl within the corporate limits of the city in all Residential zones under the following terms and conditions: (1) The principal use of the property shall be a single family dwelling. No fowl shall be allowed in multi -family complexes, including (D) two-family and three-family dwellings. (2) No more than four (4) hens shall be allowed for each single-family dwelling. (3) No roosters shall be allowed. (4) There shall be no outside slaughtering of hens. (5) (7) Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors, attraction of flies or vermin, the creation of an environment otherwise injurious to the public health and safety, or that would obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood, city, or other persons. (8) Fowl currently existing in the city shall not be "grandfathered" or permitted to remain after the effective date of this Ordinance. (9) The City may further restrict the use of fowl within residential districts if it causes a public nuisance or public health issue as defined in City Codes. (10)All regulations administered by the Animal Services Division shall be enforceable by law, and this ordinance shall not supersede or replace any regulation thereof. The above Section C is not intended to apply to indoor birds kept as pets, such as, but not limited to, parrots or parakeets, nor to the lawful transportation of fowl through the corporate limits of the city: Neither shall it apply to fowl kept in areas of the City which are zoned R -A, Residential Agricultural. (E) Separation of use. The following uses, where permitted, shall be conducted no nearer than the following stated number of feet to the boundary of an R District, or to a dwelling on the same premises. 4025 FEET Fowl Enelosure ;:tiitkepiCpofl in Residential districts (from residential dwelling on adjacent lot 50 FEET Animal hospital; serving household pets and similar small animals Commercial breeding, raising Boarding: breeding, raising, or boarding of household pets or similar small animals for commercial purposes Kennel Egg farm 100 FEET Animal hospital: serving livestock and similar animals Boarding or training of horses Dairy farm Poultry farm Farm: for raising cattle, goats, horses, sheep, rabbits and CD164:1 Fayetteville Code of Ordinances poultry 200 FEET Hog raisin Livestock: assembly, breeding, feeding, sales or shipment (Code 1965, App. A., Art. 7 (3); Ord. No. 1747, 6-29-70; Code 1991, §160.078; Ord. No. 4100, §2 (Ex. A.), 6-16-98) CD164:2 I ARKANSAS LIVESTOCK AND POULTRY COMMISSION Jon S. Fitch, Executive Director October 19, 2008 The Honorable Dan Coody Mayor of Fayetteville City Administration Bldg 113 W Mountain St Fayetteville, AR 72701 Dear Mayor.Coody, RECEIVED N0V 2 0 i:7 CITY OF FAYETTEVILLE MAYOR'S OFFICE P.O. Box 8505 ONE NATURAL RESOURCES DRIVE Little Rock, Arkansas 72215 Phone: (501) 907-2400 Lab: (501) 907-2430 Fax: (501) 907-2425 Website: www.arlpe-org This letter is to clarify our position on the proposed ordinance (164.04) by the City of Fayetteville concerning allowing up to four chickens to be raised by individuals within the city limits. Let me reiterate that Dr. Brandon Doss; Administrator of the National Poultry Improvement Plan for the AR Livestock & Poultry Commission, offered our proposal as a suggestion. to the city council on the particular resolution. The suggestion was that although we have a voluntarypremises ID program within the state, the city of Fayetteville might consider in their ordinance requiring the people'who want to grow poultry within the city limits to have a state premises ID. • I felt that since the city of Fayetteville currently has an ordinance banning any type of livestock (with exceptions) within the city limits this would be a way to keep up with where these chickens might be located. Our reasoning is that we have just gone through an avian influenza incident in Washington County where we had to locate all backyard poultry within a six -mile radius. You can imaginethe difficulty if people in the city limits fell within a six -mile radius. This would mean that personnel would have to go to each individual home to see if they were raising poultry. Since usually cities that require permitting charge a permit fee, we felt that using our premises ID program, which is free, would help us have a record to locate any birds if there was any type of poultry disease incident. Again, I reiterate we have no position on the ordinance, but felt this would be a good way, since poultry is not allowed today within the city limits, to safeguard both animal and human health. I am not forwarding a copy of this letter to Fayetteville city councilmen, but feel free to share it with them. If you have any questions, or if we can be of assistance, please do not hesitate to contact me. Sincerely, Jon S. Fitch, Executive Director COMMISSION MEMBERS —Mack Hayden, Chairman, Russellville; Bill Gipson, Vice -Chairman, Bigelow; Dr. James Barton, Fayetteville; James W. "Bill" Smith, Carlisle; David Miller, Melbourne; Devoc Bollinger, Horatio; Dale Dixon, White Hall An equal opportunity employer • • Page 1 of 1 Clarice Pearman - Ords. 5197-5202 From: Clarice Pearman To: Pate, Jeremy Date: 12.5.08 2:22 PM Subject: Ords. 5197-5202 CC: Audit; GIS Attachments: Audit; GIS Jeremy: Attached are copies of the above ordinances passed by City Council December 2, 2008. Please let me know if there is anything else needed for these items. Have a good day. Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\ 927FA... CJ CA NORTHWEST ARKANSAS EDITION • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED DEC 10 2008 CITY OF FAYETTEVILLE CITY CLERKS OFFICE I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5198 December 7, 2008 Publication Charge : $193.68 Signed: Subscribed and worn to before me This/O day of,Jg K,(mJ , 2008. Notary Public_ My Commission Expires: %iia y & 020/.2 Do not pay from Affidavit, an invoice will be sent AN ORDINANCE AMENDING THE UNIFIED DEVEL- OPMENT CODE BY REPEAUNG AND REPLACING UDC SECTION 164.04: ANIMALS AND FOWL. TO PERMIT A PROPERTY OWNER TO KEEP A MAXI- ro MUM OF FOUR CHICKENS (HENS) WITHIN RESI- DENTIAL DISTRICTS OF THE CITY, SUBJECT TO THE RESTRICTIONS HEREIN. WHEREAS, the City of Fayetteville encourages a sustainable e local produce or small-scale use of certain foal, such as chlckei WHEREAS, chickens are identified as agricultural or barn-yarc permitted within residential zones of the City; and WHEREAS, the use of a homeowners property to keep he regarding cleanliness, enclosures, separation from adjacent stru permitted on each property, is a compatible and reasonable req NOW, THEREFORE, BE IT ORDAINED BY THE CITY FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arks Unified Development Code Section 164.04: Animals and Fowl. hereto and made a pan hereof. By: DAN COODY, Mayor CHAPTER 164: SUPPLEMENTARY ZONING s And Fowl unlawful for any person to permit or allow any dam 41hin any zoning district or other zoning districts are permitted uses by rigf a lawful for any person to Sidentlal zones under the Iconamy plat may Include and are thus currently not with specific restrictions rise, and a limited number :IL OF THE CITY OF aby repeals and replaces 1 8s 'Exhibit A' attached (6) A chicken coop/roost area shall not be located closer than twenty -fir (25) feet to any resldentia'. structure on an adjacent lot, and shall meet building setbacks. 11 (7) Enclosures must be kept in a neat and sanitary condition at all timas,and must be cleaned on a regular basis so as to prevent offensive odors, attraction of flies or vermin, the creation of an envi- ronment otherwise injurious to the public health and salary, or that would obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood, city. or other persons. I I' (8) Fowl currently existing In the city shad not be 'grandfathered' a permMed to remain after the effective date of this Ordinance. I IK (9) The City may further restrict the use of fowl within residential districts If It causes a public nui- sance or public health Issue as defined in City Codes. 4!If (10) All regulations administered by the Animal Services Division shall be enforceable bylaw, and this ordinance shall not supersede or replace any regulation thereof. {' 7 (D) The above Section C is not intended to apply to indoor birds kept at pets, such as, but not Iht Ited to, parrots or parakeets, nor to the lawful transportation of fowl through the corporate limits of the city. Neither shall it apply to fowl kept In areas of the City which;dre zoned R -A, Residential Agricultural, a other zoning districts in which Use Unit k6, Agriculture and Use Unit p7, Animal Husbandry are permitted uses by right. II I (E) Separation Of use. The following uses, where permitted, shall be caiducted no nearer than the following stated number of fast to the boundary of an R District, or to adwelfing on the same prem- lses. ill 25 FEET Chicken Coop in Residential districts (from residential dwelling on adactm lot) •.. 50 Animal FEET Anhospital; serving housd pets and 5MIar small animals {I Commercial breeding. raising Boarding: breeding, raising, or boarding of household pets or similar small animals for commercial purposes Kennel Egg fame 100 FEET Animal hospital: seMng livestock and similar animals Boarding or training of horses Dairy farm Poultry farm Farm: for raising cattle, goats, horses, sheep, rabbits and poultry 200 FEET Hog raising Livestock: assembly, breeding, feeding, sales or shipment A. Art. 7 (3); Ord. No. 1747, 6-29-70; Code 1991, §160.078; Ord. No. 4100, §2 RECEIVED DEC 10 2OOQII CITY OF FAYETTEVILLE CITY CLERKS OFFICE