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HomeMy WebLinkAbout08489ORDINANCE NO. 8489 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI AND CHAPTERS 2, 4, AND 5 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO LIMITED USE PERMITS FOR PURPOSES OF PIGEON AND DOVE KEEPING AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Subsection 11-4-32 (e) of Chapter 4, Title XI of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-4-32. Nuisances; certain fowl and animals. . . . (e) It is hereby declared to be a nuisance, and shall be unlawful and a ,other than where a limiteduse permit has municipal offense for any person been authorized pursuant to Chapter 5 of Title XVII for pigeon and dove keeping, to keep or maintain in the City more than forty (40)adult pigeons or . doves over the age of three (3) months and their young SECTION 2. Section 17-2-1 of Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is hereby amended to add a new subsection 17-2-1 (38.41) to read as follows: Sec. 17-2-1. Definitions. For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: . . . (38.41) means the keeping, breeding, Pigeon and dove keeping maintaining and flying of more than 40 but not more than 100 adult birds of a species of the family Columbidae, more commonly known as pigeons and doves. An adult pigeon or dove is defined as over the age of three (3) months. SECTION 3. Subsections (1), (2), (3), (4), (4.1), (5), (6) and (7) of Section 17-4-51 of Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, are hereby amended to read as follows: Sec. 17-4-51. Permitted use of land and buildings. . . . (1) Agricultural One (A-1) and Two (A-2) Districts: . . . c. Uses by review. . . . 16.1. Pigeon and dove keeping (Limited use permit). . . . (2) Agricultural Three (A-3) and Four (A-4) Districts: . . . c. Uses by review. . . . 3.1. Pigeon and dove keeping (Limited use permit). . . . (3) Single-Family Residential District (R-1): . . . c. Uses by review. . . . 9. Pigeon and dove keeping (Limited use permit). (4) Single Family Residential District (R-2): . . . c. Uses by review. . . . 8.1. Pigeon and dove keeping (Limited use permit). . . . (4.1) Single Family Residential District (R-2U): . . . c. Uses by review. . . . 8.1. Pigeon and dove keeping (Limited use permit). . . . (5) One and Two Family Residential District (R-3): . . . c. Uses by review. . . . 8.1. Pigeon and dove keeping (Limited use permit). . . . (6) Mixed Residential District (R-4): . . . c. Uses by review. . . . 8. Pigeon and dove keeping (Limited use permit). (7) Multiple-residential and Office District (R-5): . . . c. Uses by review. . . . 3.1 Pigeon and dove keeping (Limited use permit). . . . . SECTION 4. Section 17-5-32 of Chapter 5, Title XVII of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 17-5-32. Limited use permits. The Zoning Board of Appeals shall have power to hear and authorize, authorize with such conditions and safeguards as are appropriate or deny , pigeon and dove issuance of limited use permits for home occupations keeping, and medical marijuana facilities. At any time during the term of a limited use permit, the Zoning Board of Appeals, upon notice and hearing to the permittee, may revoke such permit if it is determined that the use is adverse or detrimental to adjoining properties or to the surrounding area. In making such determination, the Zoning Board of Appeals may consider the effect on adjoining properties or properties in the surrounding area of such factors as pedestrians and vehicular traffic, ingress and egress to the property, and proximity of the Thefollowing shall apply to limited permit use to nearby residential properties. [][ authorizing and holding a Alimited use permitshall not be granted by the ] Zoning Board of Appeals until: (1) All standards, requirements and procedures set forth hereafter for uses by review shall also apply to issuance and renewal of limited use permits except that mailing notice for medical marijuana facilities shall be to property owners within five hundred (500) feet of the exterior boundaries of such property. (2) Limited use permits provided for in this Subsection shall not run with the land, and shall not be transferable to any person other than the named permittee. (3) Vacancy or nonuse of the premises for the limited permit use for a period of one (1) year shall be deemed prima facie proof of abandonment. (4) In the case of medical marijuana facilities, compliance with Chapter 15 of this Title and Chapter 10 of Title XI. (5) In the case of pigeon and dove keeping, compliance with the Pueblo Municipal Code and such conditions and safeguards imposed by the Zoning Board of Appeals, including but not limited to: a. Shelter of a sufficient size and design and constructed of material that can be maintained in a clean and sanitary condition, including at least one square foot of floor space in any shelter for each adult bird; b. No more than 100 adult birds; c. Feed to be stored in containers as to protect against intrusion by other animals; d. Birds shall be fed and kept within the confines of the shelter, except for limited periods necessary for exercise, training, and competition; and e. Birds shall not be released for flying which have been fed within the previous four (4) hours. SECTION 5. Any person who violates Section 11-4-32 of the Pueblo Municipal Code as amended hereby or violates this Ordinance as related thereto, shall be guilty of a municipal offense and shall be punished as provided by Section 11-4-20, Pueblo Municipal Code, as amended. These amendments to Title XVII of the Pueblo Municipal Code shall be subject to administration and enforcement in accordance with Chapters 5 and 7 of the Title XVII, Pueblo Municipal Code, as amended. Any person who violates Sections 17-4-51 or 17- 5-32 of the Pueblo Municipal Code as amended hereby or violates any provision of this Ordinance as related thereto, shall be guilty of a municipal offense and subject to the punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 6. This Ordinance shall become effective upon final passage and approval. INTRODUCED: May 29, 2012 BY: Chris Nicoll COUNCIL PERSON PASSED AND APPROVED: June 11, 2012 Background Paper for Proposed ORDINANCE DATE:MAY 29, 2012 AGENDA ITEM # R-7 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI AND CHAPTERS 2, 4, AND 5 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO LIMITED USE PERMITS FOR PURPOSES OF PIGEON AND DOVE KEEPING AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should City Council amend the Pueblo Municipal Code to allow for the Zoning Board of Appeals to authorize limited use permits for pigeon and dove keeping? RECOMMENDATION The Planning and Zoning Commission, at their May 9, 2012 Regular Meeting, voted 6-0 to recommend approval. BACKGROUND This Ordinance amends the City’s Municipal Code by allowing the Zoning Board of Appeals to authorize limited use permits for the keeping of pigeons or doves above that amount already prohibited in Section 11-4-32 (e) of the Code. The Code currently limits the number of adult pigeons or doves an individual may keep or maintain in the City to forty (40). This Ordinance would allow an individual to apply for a limited use permit under Section 17-5-32, to be authorized by the Zoning Board of Appeals pursuant to several conditions and existing Code standards. In addition to those standards already in place, a limited use permit for pigeon and dove keeping would be issued subject to the following conditions: 1. Shelter of a sufficient size and design and constructed of material that can be maintained in a clean and sanitary condition, including at least one square foot of floor space in any shelter for each adult bird; 2. No more than 100 adult birds; 3. Feed to be stored in containers as to protect against intrusion by other animals; 4. Birds shall be fed and kept within the confines of the shelter, except for limited periods necessary for exercise, training, and competition; and 5. Birds shall not be released for flying which have been fed within the previous four (4) hours. FINANCIAL IMPACT None.