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HomeMy WebLinkAboutOrdinance-1987-0734INTRODUCED BY COUNCILMEMBER MERKL Ordinance No. 734 Series of 1987 TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF APPENDIX A, ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATING TO THE KEEPING OF ANIMALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: SECTION 1. Section 27 of Appendix A, Zoning Ordinance of the Code of Laws of the City of Wheat Ridge is hereby amended by the addition of the following subsection L: L. Regulations Applicable to the Keeping of Animals The following regulations apply to the keeping of animals in zone districts where permitted, except that only subsection l.b. applies to the Agricultural Zone districts. 1. Large Animals: Private stable for the keeping of horses, cows, llamas, sheep, goats, and similar ani- mals, are subject to the following requirements: a. Minimum area of lot, excluding area covered by a main structure and attached carports or patios, and excluding detached garages, shall be nine thousand (9000) square feet for the first animal and an additional six thousand (6000) square feet for each additional animal, except that offspring of animals on the property may be kept until weaned. 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 13, Sec. 11. c. The pen, corral, or fenced area for the keeping of such animals sYiall meet the following require- ments: 1. The fence or other enclosure must be constructed of materials and br, maintained in such a manner se as to adequ~+ ely contain the animals. 2. The pen, co, i al, or fenced are.+ foo the ~g _ keeping of such animals shall i,ot e pern i_tted within thirty (30) fec,' of the frr-nt lot ine, Except for lots over one (1) acre, or if undo- _1_ one (1) acre if the lot has no main structures. 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. d. 1. Structures or those portions of 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. 2. The structures for keeping of animals are accessory structures and shall not be located within the required front yard setback. e. The legal, nonconforming keeping of such animals may be continued so long as such keeping of ani- mals 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 27.L.1.a. (minimum lot areas) shall be met or the keeping of animals must cease. 2. Small Animals and Poultry: the private keeping of small animals such as rabbits and chinchillas, or poultry such as chickens, ducks, geese, pheasants, or pigeons, shall be subject to the following requirements: a. Poultry houses, and pigeon coops or the portions of structures used to house these animals shall not exceed four hundred (400) square feet of ground floor area nor 12 ft. in height. b. Hutches for small animals shall not exceed one hundred (100) square feet of ground floor area with a maximum of 2 floors or levels. c. Maximum ground floor areas for small animals or poultry setforth above, may be increased by 50% for each acre in addition to the minimum lot size for the zone district. d. All houses, coops, hutches or portions of structures housing animals shill be located other than in a front yard, shall be setback at least fifteen (15) feet from side and rear proper- ty lines, and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent property. -2- e. The accumulation of animal waste to the extent that such becomes a nuisance to surrounding prop- erties is prohibited, as regulated by Wheat Ridge code of Laws, Chapter 13, Sec. 11. f. The legal, nonconforming keeping of such animals may be continued so long as such keeping of ani- mals 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." 3. Keeping of Bees: The private keeping of bees is permitted in all zone districts, subject to the follow- ing requirements: a. Bee hive structures shall be located other than in a front yard and shall be setback from rear and side property line a minimum of fifteen (15) feet. b. Bee hives structures shall be enclosed within a fenced area or fenced yard. SECTION 2. The following stated sections of Appendix A, Zoning Ordinance of the Code of Laws of the City of Wheat Ridge, are hereby repealed: Section 4. Residential-One District, A.3 & 4 Section 5. Residential-One A District, A. 3 & 9 Section 6. Residential-One B District, A. 3 & 9 Section 7. Residential-One C District, A. 3 & 9 Section 8. Residential-Two District, A. 4 & 9 Section 9. Residential-Two A District, A. 6 & 11 Section 10. Residential-Three District, A. 5 &10 Section 11. Residential-Three A District, A.5 & 11 Section 14. Agricultural-One District, A.3 SECTION 3. The following sections of Appendix A, Zoning Ordinance of the Code of Laws of the City of Wheat Ridge, as set£orth under paragraph A, hereof are hereby enacted to read as per paragraph B hereof. A. Section Section Section Section Section Section Section Section 4. Residential-One District, A.3 5. Residential-One A District, A.3 6. Residential-One B District, A.3 7. Residential-One C District, A.3 8. Residential-Two District, A.4 9. Residential-Two A District, A.6 10. Residential-Three District, A.5 11. Residential-Three A District, A.5 -3- B. "The keeping of animals accessory to a residential use as follows: a. Household pets customarily associated with a residential use, including no more than 3 dogs and/or 4 cats, plus their unweaned offspring. b. Private stables for the keeping of horses, cows, llamas, sheep or goats and similar animals, however excluding the keeping of swine, subject to the requirements setforth in Section 27. L. C. Private poultry houses and pigeon coops, and private rabbit and chinchilla hutches, subject to the requirements setforth in Section 27.L. d. Bee keeping, subject to the requirements setforth in Section 27.L. " SECTION 4. Section 14. Agricultural -1 District, Appendix A. Zoning Ordinance of the Code of Laws of the City of Wheat Ridge, is hereby amended by the repeal of subsection A.3. and is hereby re-enacted to read as follows: "A.3. Household pets customarily associated with a residential use, including no more than 3 dogs and/or 4 cats, plus their unweaned offspring." SECTION 5. Safety Clause. The City Council hereby finds, deter- mines, 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 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 6. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. SECTION 7. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found else- where in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. -G- SECTION 8. This ordinance shall take effect one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 28th day of _September 1987, ordered pub- lished in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 26 , 1987, at 7:30 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 26th day of October 1987. SIGNED by the Mayor on this 27th day of October 1987. i -T Frank Stites, Mayor ATTEST: i Wanda Sang, Ci $ V Clerk 1st Publication: October 1, 1987 APPROVED AS TO FORM BY 2nd Publication: October 29, 1987 OFFICE OF CIPY ATTORNEY: Wheat Ridge Sentinel: Effective Date: October 30, 1987 .john. Hayes -5-