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HomeMy WebLinkAbout2021-04Ordinance 2021-04 Ordinance Amending Chapter 14 of the Town Code to Permit Urban Agriculture ADOPTED: March 16, 2021 EFFECTIVE: March 16, 2021 Ordinance 2021-04 Ordinance Amending Chapter 14 of the Town Code to Permit Urban Agriculture WHEREAS, the Town has made the determination that provisions permitting urban agriculture for the purpose of maintaining and keeping permitted animals within the Town limits should be set forth in the Town Code; NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 16th day of March 2021 that Chapter 14 of the Code of Ordinances, Town of Pulaski, Virginia are hereby amended as set forth in the attachment to this ordinance, affixed hereto and effectively made a part of this ordinance as if set forth herein. This ordinance is effective upon adoption and is hereby adopted this 16th day of March 2021 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn Brooks R. Dawson Gregory C. East ATTEST: I /1-/z �-� David N. Quesenb rry Clerk of Council -Aye James A. Radcliffe -Aye -Aye G. Tyler Clontz -Aye -Aye Michael P. Reis -Aye THE TOWN OF PULASKI VIRGINIA BY: A" W. Shannon Collins Mayor ORDINANCE 2021-04 - ORDINANCE TO PERMIT URBAN AGRICULTURE CHAPTER 14 -ANIMALS ARTICLE IV - URBAN AGRICULTURE Sec. 14-50. - GENERAL (a) Application required for Urban Agriculture: Persons wishing to keep and maintain permitted animals under the Urban Agriculture Article must file an application with the Town Manager's office, which application shall include: (1) A sketch showing the area where the permitted animals will be housed and the types and size of units in which the animals shall be housed. The sketch must show all dimensions and setbacks. (2) A twenty five dollar ($25.00) application fee. - (3) If the property is owner occupied, the application shall be in the name of the owners of the property. If the property is a rental, the application by a tenant must have an endorsement of the property owner authorizing and consenting to the use on the property. (4) Once the application has been reviewed and approved, the Town Manager's office shall issue a registration, which shall be valid for one (1) year. (5) Each existing registration will be renewed on an annual basis by procedures developed by the Town Manager's office. (b) No Commercial Uses: Animals under this Article shall only be permitted for domestic personal purposes, and shall not be for commercial use which includes, but is not limited to, selling eggs, selling meat and selling honey. (c) Permitted Properties: Subject to the provisions of this Article, it is lawful for a person to maintain permitted animals within the corporate limits of the town on residential district property containing only single-family detached dwellings. No animals pursuant to this Article shall be allowed on townhouse, duplex, apartment or manufactured housing park properties. (d) Permitted Enclosure Locations: All pens, coops or hives 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 permitted animals. No enclosures shall be located in the front yard, required street side yard, required side yard, nor shall be located within 20 feet of in any drainage area that would allow fecal matter to enter any storm drainage system or stream. Sec. 14-51. - URBAN AGRICULTURE - CHICKENS (a) Generally. Keeping chickens hens or chicks in approved areas, which may be described as keeping "urban chickens", is subject to the terms of this Article as well as the following terms and conditions. (b) Limitations: No more than six (6) hens shall be allowed for each single family dwelling. No roosters shall be permitted at any time. (c) Required Enclosures: 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. (d) Shelter, Care, Control and Compliance: Adequate shelter, care, and control of the chicken hens or chicks are required. Any person allowed to keep chicken hens or chicks 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. (1) Feed Storage: 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 not appropriately maintained and in violation of this section. (2) Waste Disposal: 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. (3) Slaughter. No outdoor slaughter of chickens shall be permissible. Sec. 14-52. - URBAN AGRICULTURE - BEES (a) Generally. Keeping bees in approved areas, which may be described as keeping "urban bees", is subject to the terms of this Article as well as the following terms and conditions. (b) Limitations: No more than two (2) beehives shall be allowed for each single family dwelling. (c) Shelter, Care, Control and Compliance: Adequate shelter, care, and control of the beehives is required. Any person allowed to keep bees 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. I, David N. Quesenberry, Clerk of the Council, of the Town of Pulaski Virginia, do hereby certify that the forgoing Ordinance 2021-04, "Ordinance Amending Chapter 14 of the Town Code 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 of Pulaski, Virginia on March 16, 2020. A.egn 2.� David N. Quesenberry Clerk of Council