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HomeMy WebLinkAbout2017-12Ordinance 2017-12 Ordinance Amending the Zoning Regulations To Permit Urban Agriculture ADOPTED: November 21, 2017 EFFECTIVE: November 21, 2017 Ordinance 2017-12 Ordinance Amending the Zoning Regulations to Permit Urban Agriculture WHEREAS, the Town Council of the Town of Pulaski, Virginia has considered it in the best interest of the public and determined it is consistent with the general welfare of the citizens to amend the zoning regulations to permit limited forms of urban agriculture in the Town of Pulaski; and, WHEREAS, the Town Council and the Planning Commission of the Town of Pulaski, Virginia conducted a duly noticed joint public hearing on November 8, 2017, wherein public comments were received and considered concerning amending provisions of the Zoning Ordinance to permit urban agriculture in the Town; and, WHEREAS, the Planning Commission, by Planning Commission Resolution 2017-06ZA, as shown in Attachment A- Ordinance 2017-12, attached hereto and expressly made part of this ordinance as if set forth herein, did recommend the amendment of the Pulaski Zoning Ordinance by the addition of Section 507 to permit urban agriculture in the Town of Pulaski as shown in Attachment B -Ordinance 2017-12, attached hereto and expressly made part of this ordinance as if set forth herein; NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 21St day of November 2017, that the Zoning Regulations of the Town of Pulaski, Virginia are amended by the addition of "Section 507 Urban Agriculture" as set forth in Attachment B -Ordinance 2017-12. This ordinance is effective upon adoption and is hereby adopted this 21St day of November 2017 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: James A. Radcliffe -Aye Joseph K. Goodman -Aye Gregory C. East -Aye H.M. Kidd -Aye David L. Clark -Aye Lane R. Penn -Aye THE TOWN OF PULAS VIRGINIA BY: Ro ert N. Glenn Mayor ATTEST: ,&L2r David N. QuE;senberrV Clerk of Council Attachment A -Ordinance 2017-12 .. l• RESOLUTION 2017-06ZA PUS TOWN OF PULASKI PLANNING COMMISSION Zoning Amendment WHEREAS the Town of Pulaski Planning Commission, acting upon a request by the Pulaski Town Council to study a request to amend Section 507 of the Pulaski Zoning Ordinance to permit urban agriculture in the Town of Pulaski, has found following a duly advertised joint public hearing with Town Council that the public necessity, convenience, general welfare, and good zoning practices (permits / de-getpermit) the amendment to Section 507 of the Pulaski Zoning Ordinance to permit urban agriculture in the Town of Pulaski. THEREFORE LET IT BE RESOLVED that the Pulaski Planning Commission (recommends / does Rat rese pnd) that the Pulaski Town Council approve the following amendment, and associated terms and conditions, to Section 507 of the Pulaski Zoning Ordinance: 507.1 It shall only be lawful for a person to keep, permit or allow chickens or beehives within the corporate limits of the town on residential property only, with an approved urban agriculture zoning permit, under the following terms and conditions: 507-1.1 No more than six chicken hens or chicks and no more than two beehive stands shall be allowed for each single-family dwelling, with roosters prohibited. No chicken hens, chicks or beehives shall be allowed on townhouse, duplex, apartment or manufactured housing park properties. 507-1.2 Chicken hens, chicks or bees allowed under this section shall only be raised for domestic purposes and no commercial use such as selling eggs, selling honey or selling chickens for meat, shall be allowed. There shall be no outside slaughtering of chickens. �43-,4569squ6wef-eeo of . 507-1.4 Chickens shall be kept in a fully enclosed, secure area not to exceed a total of 128 square feet, hereinafter known as a pen. Pens shall include a coop (enclosed structure) containing a minimum of two square foot per hen and an open run area containing a minimum of eight square feet per hen. The materials used for pens shall be uniform and kept in good condition in order to protect the safety of the chickens. The use of scrap, waste board, sheet metal or similar materials is prohibited. Pens may be portable and shall meet setbacks at all times. 507-1.5 All pens and beehive stands must be at least 15 feet from all property lines and 50 feet from any adjacent residential dwelling or to any other building used for residential purposes, other than that of the owner of the chicken hens or bees. A LNo pens awl or beehive stands shall P&t-be located in the front yard, required street side yard, required side yard, nor shall be located in any drainage area that would allow fecal matter to enter any storm drainage system or stream. 507-1.6 All enclosures for the keeping of chicken hens and bees shall be constructed and maintained as to prevent rodents or other pests from being harbored underneath, inside, or within the walls of the enclosure. The henhous%oop and beehive stand must be impermeable to rodents, wild birds, and predators, including dogs and cats. All enclosed pens must be kept dry, well -ventilated, and in sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors. All manure not used for composting or fertilizing shall be removed promptly. Odors from chickens, chicken manure, or other chicken -related substances shall not be detectable at the property boundaries. 507-1.7 No dog or cat that kills a chicken hen or chick will, for that reason alone, be considered a dangerous or aggressive animal. 507-1.8 Adequate shelter, care, and control of the chicken hens, chicks or beehives are required. Any person allowed to keep chicken hens, chicks or beehives under this section shall comply with all of the provisions and definitions of the Code of Ordinances regarding care, shelter, sanitation, health, rodent control, cruelty, neglect, noise, reasonable control and any other requirements pertaining to the adequate care and control of animals in town. 507-1.9 Any owner of chicken hens or chicks shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chicken hens or chicks found to be infested with insects and parasites that may result in unhealthy conditions to human habitation shall be required to be removed from the property. 507-1.10 All feed or other material intended for consumption by the chickens shall be kept in containers impenetrable by rats or other rodents, and such container shall be equipped with tightly fitting caps or lids. All feeding shall be conducted in a manner as to prevent unconsumed food from being accessible to other animals or rodents. The presence of rodents in an area used for the keeping of chickens shall be prima facie evidence that such area is maintained in violation of this section. 507-1.11 Chicken litter and waste shall not be deposited in any trash container to be collected by any public waste collector and shall be disposed of by either composting on site or disposed of at a permitted solid waste facility in accordance with the applicable permit. Also, any dead birds shall not be deposited in any trash container that is collected by any public waste collector but shall be taken to the permitted solid waste disposal facility and properly disposed of in accordance with the receiving facility's applicable permit. Disposal of chicken litter, waste, and dead birds in the public wastewater collection system is strictly prohibited since this may cause backups and/or overflows. 507-1.12 All applicants for urban agriculture are responsible for obtaining written permission of the property owner, in the case of rental property, and approval of urban agriculture zoning permits does not constitute waiver for any restrictive covenants. 507-1.13 Persons wishing to keep chicken hens, chicks or beehives pursuant to this subsection must file an urban agriculture zoning permit with the Town's Zoning Administrator. The application shall include a sketch showing the size and location of all proposed structures and use areas, the setback distances from street rights- of-way, property lines and nearby dwellings, and any provisions for screening. A management plant shall be submitted addressing protection from predators, use of feeding and bedding materials, management and disposal of wastes, and other factors deemed relevant far the protection of the public health. Once the site and enclosures have been inspected and approved, a permit shall be issued. The Zoning Administrator shall have the authority to approve urban agriculture zoning permits and may revoke such permits for noncompliance. A permit shall be valid for one year and require a $25.00 fee. Each existing permit must be renewed annually in January by filing on application with the Town's Zoning Administrator, along with payment of a $25.00 renewal. Should the Zoning Administrator have questions regarding compliance with an urban agriculture zoning permit, the Zoning Administrator may seek an advisory opinion or recommendation from the Planning Commission regarding compliance with the permit. The keeping of a garden for the production of fruit or vegetables shall not require an urban agriculture zoning permit and shall be allowed by right in all zoning districts. Dated this 8th Day of November 2017. Kevin Meyer, Chairman Town of Pulaski Planning Commission The above resolution was adopted on motion by Commissioner Glenn, seconded by Commissioner Hale, at a meeting of the Planning Commission following the posting of a public hearing notice and a duly advertised public hearing on the above request on November 8, 2017. Upon a call for an aye and nay vote on the foregoing resolution, the Planning Commission members present throughout all deliberations on the foregoing and voting or abstaining, stood as indicated opposite their names as follows: MEMBERS AYES NAYS ABSTAIN ABSENT Robert Glenn Terry Hale, Sr. X Linda Hall X Kevin Meyer, Chairman Clark Payne X Kathy Sealander Kevin Mey , Chairman ►k F.9 p G� Nichole Hair, Secretary 4 Attachment B -Ordinance 2017-12 Section 507 Urban Agriculture 507.1 It shall only be lawful for a person to keep, permit or allow chickens or beehives within the corporate limits of the town on residential property only, with an approved urban agriculture zoning permit, under the following terms and conditions: 507-1.1 No more than six chicken hens or chicks and no more than two beehive stands shall be allowed for each single-family dwelling, with roosters prohibited. No chicken hens, chicks or beehives shall be allowed on townhouse, duplex, apartment or manufactured housing park properties. 507-1.2 Chicken hens, chicks or bees allowed under this section shall only be raised for domestic purposes and no commercial use such as selling eggs, selling honey or selling chickens for meat, shall be allowed. There shall be no outside slaughtering of chickens. 507-1.3 Chickens shall be kept in a fully enclosed, secure area not to exceed a total of 128 square feet, hereinafter known as a pen. Pens shall include a coop (enclosed structure) containing a minimum of two square foot per hen and an open run area containing a minimum of eight square feet per hen. The materials used for pens shall be uniform and kept in good condition in order to protect the safety of the chickens. The use of scrap, waste board, sheet metal or similar materials is prohibited. Pens may be portable and shall meet setbacks at all times. 507-1.4 All pens and beehive stands must be at least 15 feet from all property lines and 50 feet from any adjacent residential dwelling or to any other building used for residential purposes, other than that of the owner of the chicken hens or bees. No pens or beehive stands shall be located in the front yard, required street side yard, required side yard, nor shall be located in any drainage area that would allow fecal matter to enter any storm drainage system or stream. 507-1.5 All enclosures for the keeping of chicken hens and bees shall be constructed and maintained as to prevent rodents or other pests from being harbored underneath, inside, or within the walls of the enclosure. The henhouse%oop and beehive stand must be impermeable to rodents, wild birds, and predators, including dogs and cats. All enclosed pens must be kept dry, well -ventilated, and in sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors. All manure not used for composting or fertilizing shall be removed promptly. Odors from chickens, chicken manure, or other chicken -related substances shall not be detectable at the property boundaries. 507-1.6 No dog or cat that kills a chicken hen or chick will, for that reason alone, be considered a dangerous or aggressive animal. 507-1.7 Adequate shelter, care, and control of the chicken hens, chicks or beehives are required. Any person allowed to keep chicken hens, chicks or beehives under this section shall comply with all of the provisions and definitions of the Code of Ordinances regarding care, shelter, sanitation, health, rodent control, cruelty, neglect, noise, reasonable control and any other requirements pertaining to the adequate care and control of animals in town. 507-1.8 Any owner of chicken hens or chicks shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chicken hens or chicks found to be infested with insects and parasites that may result in unhealthy conditions to human habitation shall be required to be removed from the property. 507-1.9 All feed or other material intended for consumption by the chickens shall be kept in containers impenetrable by rats or other rodents, and such container shall be equipped with tightly fitting caps or lids. All feeding shall be conducted in a manner as to prevent unconsumed food from being accessible to other animals or rodents. The presence of rodents in an area used for the keeping of chickens shall be prima facie evidence that such area is maintained in violation of this section. 507-1.10 Chicken litter and waste shall not be deposited in any trash container to be collected by any public waste collector and shall be disposed of by either composting on site or disposed of at a permitted solid waste facility in accordance with the applicable permit. Also, any dead birds shall not be deposited in any trash container that is collected by any public waste collector but shall be taken to the permitted solid waste disposal facility and properly disposed of in accordance with the receiving facility's applicable permit. Disposal of chicken litter, waste, and dead birds in the public wastewater collection system is strictly prohibited since this may cause backups and/or overflows. 507-1.11 All applicants for urban agriculture are responsible for obtaining written permission of the property owner, in the case of rental property, and approval of urban agriculture zoning permits does not constitute waiver for any restrictive covenants. 507-1.12 Persons wishing to keep chicken hens, chicks or beehives pursuant to this subsection must file an urban agriculture zoning permit with the Town's Zoning Administrator. The application shall include a sketch showing the size and location of all proposed structures and use areas, the setback distances from street rights- of -way, property lines and nearby dwellings, and any provisions for screening. A management plan shall be submitted addressing protection from predators, use of feeding and bedding materials, management and disposal of wastes, and other factors deemed relevant for the protection of the public health. Once the site and enclosures have been inspected and approved, a permit shall be issued. The Zoning Administrator shall have the authority to approve urban agriculture zoning permits and may revoke such permits for noncompliance. A permit shall be valid for one year and require a $25.00 fee. Each existing permit must be renewed annually in January by filing an application with the Town's Zoning Administrator, along with payment of a $25.00 renewal. Should the Zoning Administrator have questions regarding compliance with an urban agriculture zoning permit, the Zoning Administrator may seek an advisory opinion or recommendation from the Planning Commission regarding compliance with the permit. The keeping of a garden for the production of fruit or vegetables shall not require an urban agriculture zoning permit and shall be allowed by right in all zoning districts. I, David Nelson Quesenberry, Clerk of the Council of the Town of Pulaski, Virginia, do hereby certify that the foregoing Ordinance 2017-12, "Ordinance Amending the Zoning Regulations to Permit Urban Agriculture", is a true and correct copy of the Ordinance set out and adopted by the recorded vote of the Town Council on November 21, 2017. David Nelson Quesenber Clerk of Council