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Home My WebLink AboutOrdinance-1999-1165 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DITULLIO Council Bill No. 18 Ordinance No. 1165 Series of 1999 TITLE: AN ORDINANCE AMENDING SECTION 26-30(L) OF THE CITY OF WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATIONS APPLICABLE TO THE KEEPING OF ANIMALS. WHEREAS, Section 26-30(L) of the Wheat Ridge Code of Laws contains regulations for the keeping of large animals; and WHEREAS, the Council wishes to amend the section as a result of recommendations of the Planning Commission, Wheat Ridge Livestock Association and the Animal Welfare and Control Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Section 26-30(L)(1) of the Wheat Ridge Code of Laws is hereby amended as follows: (L) Regulations Applicable to the Keeping of Animals: The following regulations apply to the keeping of animals in refle ALL ZONE districts. 'Nhere permitted. THIS SECTION (L) SHALL NOT APPLY TO CONFORMING LOTS IN THE A-1 OR A-2 DISTRICTS. Q)wept that only subscetion (L)(1 )(a) below applies to the ^grieulturul zone districts. (1) Large Animals. Private stables for the keeping of LARGE ANIMALS SUCH AS horses, cows, llamas, sheep, goats and similar animals are subject to SHALL MEET the following requirements: a Minimum area of lot, Q)wluding area covered by a main structure and attached carports or patios, and Q)wluding detached garages, shall be nine thousand (0000) square feet for the first animal ^~JIM^L and an additional si)( thousand (6000) square feet for each additional animal. MINIMUM OPEN LOT AREA SHALL BE NINE THOUSAND (9000) SQUARE FEET FOR THE FIRST HORSE EQUIVALENT UNIT AND AN ADDITIONAL SIX THOUSAND (6000) SQUARE FEET FOR EACH ADDITIONAL HORSE EQUIVALENT UNIT. FOR THE PURPOSES OF THIS SECTION "OPEN LOT AREA" MEANS A PORTION OF LOT EXCLUDING AREA COVERED BY A MAIN STRUCTURE AND ATTACHED CARPORTS OR PATIOS, AND EXCLUDING DETACHED GED\53027\275470 06 1 GARAGES. TAe f3on, oorral or feflOeEl aroa of the l(Ooping of Guoh animalG Ghall moot tho folie wing roquirOFf'lOnt3: THERE SHALL BE NO MORE THAN FOUR (4) HORSE EQUIVALENT UNITS PER ACRE except that offspring of animals on the property may be kept until weaned. ONE HORSE EQUIVALENT EQUALS ONE (1) HORSE, ONE (1) COW, TWO (2) LLAMAS, TWO (2) BURROS, FOUR (4) ALPACAS, FOUR (4) SHEEP, FOUR (4) GOATS, OR TWO (2) PONiES. b. MANURE OR LIQUID WASTE SHALL NOT BE ALLOWED TO ACCUMULATE SO AS TO CAUSE A NUISANCE AS REGULATED BY WHEAT RIDGE CODE OF LAWS, CHAPTER 15. c. The pen, corral or fenced area allotted to the animals shall meet the following requirements: 1 . The fence or other enclosure must be constructed of matorialG and must bo maintained in such a manner so as to adequately AND HUMANELY contain the animals. OWNERS OF ANIMALS USING FENCES BELONGING TO ADJACENT PROPERTIES TO BE USED FOR THE CONTAINMENT OF ANIMALS MUST HAVE PERMISSION OF THE OWNER OF THE FENCE IN QUESTION IN WRITING. 2. The pen, corral or fenced area for the regular keeping of such animals shall not be permitted within thirty (30) feet of the front lot line, except for lots over one (1) acre or, if under one (1) acre if the lot has no main structure. 3. No part of an enclosure for the keeping of such animals shall be permitted within thirty (30) feet of a residence or other main structure on an adjacent parcel. 4. ENCLOSE A MINIMUM OF EIGHT HUNDRED (800) SQUARE FEET FOR THE FIRST ANIMAL AND AN ADDITIONAL ONE HUNDRED (100) SQUARE FEET FOR EACH ADDITIONAL ANIMAL OF ANY SPECIES. (d) Structures SUCH AS BARNS OR SHEDS or those portions of SUCH structures where animals are housed shall be no closer than fifteen (15) feet to a side or rear lot line and shall be no closer than thirty (30) feet to a residence or other main structures on an adjacent parcel.,. AND SHALL NOT BE LOCATED WITHIN THE REQUIRED FRONT YARD SETBACK. 2. Tho 3truoturOG for kooping of animal3 aro aooo33ory Gtruoturo3 and Ghall not be located within the required front yard Getbaelc. GED\53027\275470.06 2 e. AFTER A COMPLAINT IS RECEIVED CONCERNING THE KEEPING OF A LARGE ANIMAL ON RESIDENTIAL LOTS AND SUBSTANDARD SIZED AGRICULTURAL LOTS WITH CORRALS LESS THAN 1,000 SQUARE FEET IN SIZE, THE OWNER SHALL FOLLOW AN APPROVED MANURE MANAGEMENT PROGRAM AS PRESCRIBED BY THE ANIMAL WELFARE CONTROL COMMISSION. f. UPON RECEIPT OF ANY COMPLAINT INVOLVING LARGE ANIMALS AS DEFINED HEREIN, STANDARD NUISANCE ABATEMENT PROCEDURES WILL BE FOLLOWED. ADDITIONALLY, CODE ENFORCEMENT PERSONNEL WILL MAKE THE COMPLAINT KNOWN VIA THE APEO SUPERINTENDENT TO THE MEMBERS OF THE ANIMAL WELFARE AND CONTROL COMMISSION WHO SHALL BE AVAILABLE IN ANY ADVISORY CAPACITY AT ANY TIME. THE ANIMAL WELFARE AND CONTROL COMMISSION WILL INVESTIGATE ALL CITIZEN COMPLAINTS REGARDING LARGE ANIMALS OR THEIR EQUIVALENTS. THE ANIMAL WELFARE AND CONTROL COMMISSION WILL DEVELOP WRITTEN PROCEDURES AS TO HOW CITIZEN COMPLAINTS WILL BE INVESTIGATED, MONITORED, AND DISPOSED OF. THESE WRITTEN PROCEDURES WILL BE FORWARDED FOR COUNCIL REVIEW NOT LATER THAN JANUARY 1, 2000. (g) ANY KEEPING OF ANIMALS MADE NON-CONFORMING BY THE PASSAGE OF ORDINANCE NO. 1165, SERIES OF 1999, SHALL CONSTITUTE A LEGAL NON-CONFORMING KEEPING OF ANIMALS. The legal, non-conforming 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 subsection (L)(1 )(a) THROUGH (h) (minimum lot aroos) 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. (h) NONCONFORMING A-1 and A-2 PROPERTIES (I.E., A-l AND A-2 LOTS LESS THAN ONE ACRE IN SIZE) SHALL FOLLOW THE PROVISIONS OF ITEMS (a) THROUGH (9) OF THIS SECTION. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and GED\53027\275470 06 3 safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severabilitv: ConflictinQ Ordinances Repealed. If any clause, section, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 26th day of July, 1999, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 23, 1999, at 7 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 23rd day of August, 1999. SIGNED by the Mayor on this 31st day of August , 1999. ATTEST: c First Publication: August 6. Second Publication: September Wheat Ridge Transcript Effective Date: September 1999 3, 1999 18, 1999 GED\53027\275470 06 4