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HomeMy Public PortalAboutORD14531 BILL NO. 2009-10 SPONSORED BY COUNCILMAN- Klindt ORDINANCE NO. l ` AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, INCLUDING SECTION 35-41 SPECIFIC USE STANDARDS, PERTAINING TO THE KEEPING OF HORSES. WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with; NOW,THEREFORE,BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 35 (Zoning), Section 35-92 Definitions, is hereby amended by the addition of the following definition: Section 35.92.Definitions. Equine. For the purpose of these regulations,horse,pony,mule or donkey. Section 2. Chapter 35 (Zoning) Section 35-40 . B. 3.q. is deleted and replaced with a new section as follows: Section 35-40.B.3.q p,incipal ase ia the W�Dist,ict provided that each hot se shall be piov ided ix ith a iffirfirnain +i=S- Keepingoof F nines.The keeping of equines,as an accessory_use to a residential principal use,May be authorized as outlined in Section 35-41 Specific Use Standards. Section 3. Chapter 35 (Zoning) Section 35-41.13 is hereby amended by the addition of a new section, as follows: Sec.35-41.B. Specific use standards 31. Keeping 9L& as Accessory Uses to Residential Uses a. Permit Required. (.1) Equine Permit Established. An Equine Permit is hereby established, to be issued_bythe Director or his designee., 1 Drafter's Note:Deleted text is shown tiros Inserted text is shown thus. 2 Annual Renewal.E uine Permits shall be renewed annually. A lication for renewal of an equine permit shall be accomrpanied by documentation that the applicant's property has been inspected and approved by the Department of Community Development within 60 days of the date of application for renewal J3)Fees for new Equine Permits and renewals shall be as set out in Appendix Y of the City Code. (4) Revocation of Permit.Equine permits may be revoked without a hearing i�f the Director determines that violations of applicable City ordinances or standards of this section have occurred, including nuisance, gguin e neglect or mistreatment, or land mismanagement. 5 AU person aggrieved by a decision of the Director to deny,revoke or refuse to renew an gquine permit shall be entitled to a hearing before the Director to determine whether the decision to den revoke or refuse an muhne pennit was proper pursuant to Section 35-41_.B.3 LAny such person aggrieved must request a hearing= in writing to the Director of the Department„ of Community Development within 10 days of the date of the action by the Director.-If.-after said hearing, any person is still aggrieved,they may appeal the decision to the Board of Adjustment whose decision shall be final.An such a lication to the Board of Adjustment must be made within 10 da s of er the decision of the Director which follows the hearing.. b. Specific Provisions. An F4uine Permit may be issued for the keeping of gquines, as accesso to the residential use of land subject to a licable rovis.ions in the City Code including Ch apter 5. Animals; Cha2ter,21. Nuisance• Chapter 31 Stormwater and Floodpla n Management—and—Specific Provisions as outlined below: LU A minimum of five(5) acres of land area. within the fenced.area as described below—exclusive of the residential use or other 11rincipal use of the premises and riparian corridor areas is required to keep. equines under this provision. A maximum of five(5) equines is permitted to be kept on a premises. Boarding of gguines is not pemitted,• only uines owned by the nrmertv owner shall be kept on the premises covered by the E uine Permit.No equine breediW operations shall be permitted on properties governed by an Equine Permit. Shelter or Stable Re uired. !i1 A shelter shall be provided for each_equine, which shall be roofed and provide dry footing. Such shelter shall be located not less than 50 2 Drafter's Note:Deleted text is shown thus- Inserted text is shown thus. feet from all lot lines and not less than 50 feet from a residence on the same premises. The shelter shall have a maximum footprint'nt of 1,,750 s ware feet. Height of the shelter shall not-exceed 1-1/2 sto i s and shall be subject to additional height regulations of Section 35-513 Density and Dimensional Standards, and exhibits therein. 60-Architectural Standards. Shelter construction and materials shall match the residence on the 12renuse—including materials, roof and colors. If architectural standards have-been recorded or otherw's do ted f r the subdivision or devel2gment, then those architectural standards shall boinconiorated into the design of the shelter. (iii)Plans Required. Plans for structures to be used as shelters shall be submitted to the De artment of Community Development The 121ans shall_include_a building, lIs an and a site plan.. The building plan shall show t e of conLtnuction, materials and colors_t be used. The site plan shall show lot lines. existing and proposed driveway and access points location of existing and proposed fences,shelter location, and topography.Parcel maps and_aerial photographs from the Geographic Information System WU be used as the base for the site lan but shall be printed to scale. Maintenance Standards. All structures and the premises shall be maintained in accordance with this Section and other City codes. M E uine trailers. A maximum of one-no. ommercial gquine trailer may be stored on the pro2erty, to be stored inside the shelter or screened from view of adjoining gpro =. Trailer storage location shall be as approved in the Equine Permit. Equine Fences. E uine fences erected after MAY 1,-2009 shall be constructed in accordance with this subsection. The exterior boundga of the fence shall be set back at least 10 feet from all prmerty and right-of-way lines. Fence height shall be at least four 4 feet but no more than six 6 feet in height. The fence setback standard may be waived by the Director if affected neighbori_ng_t?ro eegy owner(s) submit written requests for such waivers. Fences adjacent to streets shall be constructed of wood or man-made material. sufficient to contain the e uine sl on the subject ro ert and shall not be more than 50%opaque/solid.Wire fencing is not ermitted adjacent to street frontages or within view of ad'acent dwellings. Use of barbed wire is prohibited, exce t in accordance with Section 35-59 Fence Standards. (7) Protection of water courses and riparian corridor required.Fences shall erected to keep equines out of watercourses and be set back 25 feet from the to of an adjacent creek bank excelat that the Director mgy re uire fences to be set back an additional_35 feet in order to further2rotect riparian corridors 3 Drafter's Note: Deleted text is shown thtm- Inserted text is shown thus. and to meet_the requirements of Chapter 31 (Stormwater and Floodplain Management).Owners.must provide supplementM feed so that pastures and meadows do not become overgrazed. In the e vent any area becomes denuded as a result of over razing. said own_er shall cease gr zing until pasture is re- established and shall be required to re-seed that area to brine the ground cover back to a natural condition such as existed prior to the overgrazing M Manure management.Manure shall be managed in such a manner as to not create a nuisance. (99,) Any hay stored on the property shall he stored inside an approved structure or screened_from view of adjacent properties. 10 Noe quine shall be allowed to constitute a n_uisance.For purposes of this section, a nuisance shall include: i._All definitions_found in Chanter 21. and ii. Noise leavin&the-nermitted t7ronerty, caused-by--the equine: and iii. Odor leaving the 1jermitted property, caused by the uine• and iv.Equine leaving the permitted property without a person in control of the equine. 11 Waivers to the Specific Provisions of this section MAY be granted at the discretion of the Director.Records of waivers granted shall be maintained. Section 4. Appendix Y is amended to include the following permit fees. Type of Application_or Permit Fee Initial Equine Permit $50 Annual Renewal of Equine Permit $50 Section 5. This ordinance shall be in full effect from and after the date of its passage and approval. �J Passed: /lJ Apr d:6 Pres, g Officer or ATTEST- AP R VED TO FORM: City Clerk Cit ounselor 4 Drafter's Note: Deleted text is shown thus Inserted text is shown thus.