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HomeMy WebLinkAbout072 - 09/02/2008 - AMENDING SECTION 5.1.2 OF THE LAND USE CODE PERTAINING TO THE DEFINITION OF FARM ANIMALS AND AMENDIN ORDINANCE NO. 072, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 5.1.2 OF THE LAND USE CODE PERTAINING TO THE DEFINITION OF FARM ANIMALS AND AMENDING SECTION 4-117 OF THE CODE OF THE CITY PERTAINING TO CHICKENS WHEREAS,the City has received an application for a text amendment to the Land Use Code to change the definition of"farm animal" to exclude from that definition up to six chicken hens so that residents in all zone districts of the City will be able to keep hens for the production of eggs; and WHEREAS,the Council has determined that it is in the best interests of the City to make this change so as to support local food production, food security, and economic and environmental sustainability. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of "Farm animals" as contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Farm animals shall mean animals commonly raised or kept in an agricultural, rather than an urban,environment including,but not limited to,chickens,pigs,sheep,goats, horses, cattle, llamas, emus, ostriches, donkeys and mules; provided, however, that chicken hens,numbering six(6)or fewer,shall not be considered to be farm animals. Section 2. That Section 4-117 of the Code of the City be amended to read as follows: Sec. 4-117. Sate of chickens and ducklings; quantity restricted; keeping of chickens . (a) Chickens or ducklings younger than eight (8) weeks of age may not be sold in quantities of less than six (6) to a single purchaser. (b) Except in those zone districts where the keeping of farm animals (as that term is defined in Section 5.1.2 of the Land Use Code) is allowed, the keeping of chicken roosters or more than six (6)chicken hens is prohibited. However, up to six (6) chicken hens may be kept per parcel of property, subject to the following requirements and subject to all other applicable provisions of this Chapter: (i) if a parcel has more than one(1)dwelling unit,all adult residents and the owner(s) of the parcel must consent in writing to allowing the chicken hens on the property; (ii) any person keeping chicken hens pursuant to this provision must first have been issued a permit by the Larimer Humane Society and have received such information or training pertaining to the keeping of chicken hens as the director of said agency deems appropriate; (iii) the chicken hens must be provided with a covered,predator-resistant chicken house that is properly ventilated, designed to be easily accessed,cleaned and maintained,and at least two(2)square feet per chicken in size; (iv) during daylight hours, the chicken hens must have access to the chicken house and also have access to an outdoor enclosure that is adequately fenced to protect them from predators; (v) the chicken hens must be further protected from predators by being closed in the chicken house from dusk to dawn; (vi) neither the chicken house nor the outdoor enclosure may be located less than fifteen (15) feet from any abutting property line unless the owner or keeper of the chicken hens obtains the written consent of the owner(s)of all abutting properties to which the enclosure is proposed to be more closely located, in which event the agreed-upon location shall then be deemed acceptable notwithstanding any subsequent change in ownership of such abutting property or properties; (vii) the chicken hens must be sheltered or confined in such fashion as to prevent them from coming into contact with wild ducks or geese or their excrement; and (viii) the chicken hens may not be killed by or at the direction of the owner or keeper thereof except pursuant to the lawful order of state or county health officials, or for the purpose of euthanasia when surrendered to a licensed veterinarian or the Humane Society for such purpose, or as otherwise expressly permitted by law. Section 3. After the passage of one(1)year from the effective date of this ordinance, the City Manager shall review the merits and impacts of this ordinance and submit a written report regarding the same to the City Council. -2- Introduced and considered favorably on first reading and ordered published this 3rd day of June, A.D. 2008, and to be presented for final passage on t d of day of September, A.D. 2008. �ry�ld6l<�1 Mayor ATTEST: LL City Clerk Passed and adopted on final reading this 2nd day of September, A.D. 2008. � A *Mayo ATTEST: City Clerk -3-