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HomeMy WebLinkAboutOrdinance 1552CITY OF WHEAT RIDGE , COLORADO INTRODUCED BY COUNCILMEMBER LANGWORTHY COUNCIL BILL NO . 08 ORDINANCE NO. 15 5 2 Series 2014 TITLE: AN ORD INANCE AMENDING T HE WHEAT RIDGE CODE OF LAWS CONCERN ING THE KEEPING OF DWARF GOAT S W HER EAS , the Wheat Ridge City Council has authority under Article XX of the Colorado Constitution , the City's Home Rule Charter and C.R.S . 31-23-101 ; et seq . to enact ordinances for preservation and promotion of the public health, safety and welfare ; and WHEREAS , in the exercise of this authority, the Council has previously adopted Sections 26-605 and 26-606 of the Wheat Ridge Code of Laws , concerning large and small animals and poultry ; and WHEREAS , the Planning Commission has reviewed and favorab ly recommended amendments to the Code of Laws concerning dwarf goats ; and WHEREAS , the City Counc il finds the proposed amendments are appropriate and further the public healt h , safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE , COLORADO : Section 1. Sec . 26 -605 A and G of the Wheat Ridge Code of Laws, concerning large animals, are amended to read : Private stables fo r the keeping of large animals such as horses, cows , llamas, sheep , goats and similar anima ls shall meet the following requi rements. This section shall not apply to conforming lots in the A-1 o r A-2 districts: A Minimum open lot a rea shall be nine thousand (9 ,000) square feet for the first horse e quivalent unit and an additional six thousand (6 ,000) square feet for each additional horse equivalent unit. For the purposes of this section , "open lot area " means a portion of tot excluding area covered by a main st ructure and attached ca rports or pa t ios, and excl udi ng detached garages . T here shall be no more than four (4 ) horse equivalent units pe r ac re except that offspring of animals on the property may be kept until weaned . One (1) horse eq uivalent equals one (1) horse , one (1) cow, two (2) llamas , two (2) burros , four (4) alpacas , four (4) sheep, four (4) goats, SIX (6) DWARF GOATS or two (2) ponies .... B. G Any keeping of animals made nonconforming by the passage of Ordinance No . 1165, Series of 1999 , OR OF ORDINANCE , SERIES 2014 shall constitute a legal nonconforming keeping of animals. The legal , nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more , then said keeping of animals must conform to the provisions hereof or must cease . Upon sale of a property, the minimum requirements of section 26-605 shall be met or the keeping of animals must cease . For the purposes of this subsection G., periodic removal for the purposes of pasturing shall not constitute discontinuance of use . Section 2. Sec. 26-606 of the Wheat Ridge Code of Laws c once rn i ng small ani mals a n d poultry, i s amended to read : The private keeping of small animals , such as DWARF GOATS , rabbits and chinchillas, or poultry , such as chickens . ducks , geese, pheasants or pigeons , shall be subject to the following requirements . This section shall not apply to conforming lots in the A-1 or A-2 districts . A EXCEPT WHEN IN COMPLIANCE WITH SECTION 26-605 (LARGE AN IMALS), DWARF GOATS SHALL BE LIMITED TO A MAXIMUM OF THREE (3) PER RESIDENTIAL DWELLI NG UN IT, PLUS THEIR UN- WEANED OFFSPRING AND PROVIDED NO UN-NEUTERED MALE DWARF GOATS SHALL BE ALLOWED . FOR EACH DWARF GOAT, A MINIMUM OF 130 SQUARE FEET OF PERMEABLE LOT AREA SHALL BE PROVIDED IN THE SIDE OR REAR YARD . B Poultry houses and pigeon coops , or the portions of THESE AND OTHER structures used to house OR PROVIDE SHELTER FOR SMALL animals, shall not exceed four hundred (400) square feet of ground floor area nor twelve (12) feet in height. c Hutches for small animals shall not exceed one hundred (1 00) square feet of ground floor area with a maximum of two (2) floors or levels . o Maximum ground floor areas for small animals or poultry set forth above may be increased by fifty (50) percent for each acre in addition to the minimum lot size for the zone district. E. All houses , coops , hutches or portions of THESE AND OTHER structures housing OR PROVIDING SHELTER FOR SMALL animals shall be located other than in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines , and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent property . F The accumulation of animal waste to the extent that such becomes a nuisance to surrounding properties is prohibited , as regulated by chapter 15 of this Code of Laws . G The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful ; except where such keeping of animals is discontinued for a period of sixty (60 ) consecutive days or more , then said keeping of an imals must conform to the provis ions hereof or must cease . Section 3. Section 26-119 of the Wheat Ridge Code of Laws is amended by the addition of the following definition, in proper alphabetical order: Dwarf Goats . Dwarf goats generally weigh between 40 and 75 pounds and include breeds known commonly as Nigerian Dwarf and African Pygmy . Section 4. Section 26-204 of the Wheat Ridge Code of Laws, entitled Residential Use Chart is amended by the addition of the following entry for "Large and Small Animals" to read: Accessory Uses for Notes Residential Districts Large and Small Animals See 26-605 and 26-606 Section 5. Effective date. Pursuant to Charter Section 15 .11 , this Ordinance shall take effect upon effect fifteen (15) days after final publication . INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd day of June, 2014 , ordered it published with Public Hearing and cons ideration on final passage set for Monday, July 14th, 2014 at 7:00p.m., in the Council Chambers . 7500 West 29th Avenue , Wheat Ridge , Colorado and that it takes effect 15 days after final publication [or whatever Council Bill indicates]. READ, ADOPTED AND ORDERED PUBLISHED on second and fina l read ing by a vote of _8_ to _0 , this 14 th day of July • 2014 . SIGNED by the Mayor on this 14th ATTEST : First publication : June 26, 2014 Second publication : July 17 , 2014 Wheat Ridge Transcript Effective Date: August l, 2014