10. Ordinance 1607 - Zoning Text Amendment - Livestock within City Limits - 1st ReadingCity of Kalispell
Planning Department
17 - 2"d street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751--185 8
Website: kalispellplanni:ng. eom
RERT TO. Kalispell Mayor and City Council
FROBLD Thomas R. Jentz, Director
James H. Patrick, City Manager
SUBJECT Amendment to City Code section 4-1 regarding livestock (horses)
within the city limits
MEETING DATE: May 7, 2007
BACKGROUND*. Presently, city code prohibits the keeping of livestock within the city
ts. The city council had requested the planning board to review this ban on
livestock with an emphasis on providing certain livestock under controlled
conditions. This question has arisen for two reasons. The City of Kalispell has
received inquiries regarding the keeping of livestock on property within the city limits
and secondly, the city has in the past looked at annexing rural properties that may
have livestock on them now and the total ban on livestock could become an
impediment to annexation. Specifically, city residents have requested that horses be
allowed within the city on personal property. Kalispell City Code, Chapter 4, Animals
and Fowl, Section 4--1, Keeping of cattle, etc., in city prohibited, states that no person
shall keep within the city limits any cattle, horses, mules, sheep, goats, buffalo,
swine, wild or domesticated predatory or game animal.
Several other cities in Montana including Billings, Bozeman and Missoula allow for
horses and other animals within the city limits subject to certain criteria. These
criteria *include a ' . um lot size, a ratio of animals per acre and increased setbacks
for barns and related accessory buildings.
The plannmg board held a public hearing on this issue and recommended that certain
livestock including horses, donkeys, mules and llamas be allowed in the city based
on a standard of one acre . ' um of fenced pasture per animal. The city council
held a subsequent workshop. At that workshop it was generally discussed that a
policy on livestock should proceed more slowly and entertain just horses as that was
where the original request was focused on and there seemed to be the least number of
negative repercussions.
The regulating of livestock in Montana communities is typically addressed in one of
two ways, through the zoning ordinance or under a more general city ordinance.
Because the city already has a code section 4-1 addressing animals the Plannmg
Department is recommending that the changes addressing livestock and in particular
Livestock within the city
April 26, 2Oo7
Page 2
horses be addressed there as opposed to amending the zoning code which had no
section addressing livestock at this point. Amending the existing city code has
another advantage in that the city has an animal control officer who would enforce any
code amendments regarding livestock.
Planning staff is recommending Chapter 4, Animals and .Fowl, of the city's code be
amended to allow horses subject to the following:
Section 4-1
(C). Horses are permitted within any zoning district subject to the following
minimum requirements:
(1). The number of horses permitted on a property shall equal one
horse per one acre of fenced pasture land.
Offspruzg to permitted animals living on the lot shall not be
counted as part of the animal density for one year from date of
birth at which time the owner shall bring the animal density back
into compliance with the ordinance code.
�3} . Property owners must maintain the animals and pasture in a
manner that does not cause adverse impact to neighboring
property owners. Potential negative impacts on adjacent
properties include offensive odors, pasture run-off and the
unusual presence of insects (flies). Failure to maintain the
property in accordance with these requirements shall be
considered a violation of the ordinance.
(4). Property annexed into the city exceeding the densities required
under section 1 above shall have up to two years from the date of
annexation to bring the animal density into comphance with the
ordinance code.
RECo11 ENDATION: A motion to approve the ordinance amendment allowing horses
within the city based on certain criteria.
FISCAL EFFECTS: Neutral, cost of enforcement may increase balanced by
meeting the needs of present and future residents seeking a more rural lifestyle within
the city.
ALTERNATIVES: As suggested by the city council.
Respectfully subrm* tted,
Thomas R. Jentz
Director
Report compiled: April 26, 2007"
Attachments:
c: Theresa White, Kalispell City Clerk
ames H. Patrick
City Manager
ORDINANCE NO. 1607
AN ORDINANCE AMENDING KALISPELL CITY ORDINANCE 4-1 PERMITTING
HORSES TO BE KEPT WITHIN THE CITY UNDER CERTAIN CONDITIONS AND
DECLARING AN EFFECTIVE BATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I ALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1 Kalispell City Code 4-1 is hereby amended to read as follows:
No person shall keep within the city limits any cattle, , mules, sheep, goats,
buffalo, swine, wild or domesticated predatory or game animal; provided, however:
A. That this section shall not be applicable upon property owned by the
Flathead County fair board and operated by such board as a fairgrounds within the
city, and.
B. That this section shall not be applicable to persons who keep pygmy goats
or potbellied pigs as household pets, provided that no person shall beep more than
two (2) pygmy goats or two (2) potbellied pigs.
C. Horses are permitted within any zoning district subject to the followin
minimum requirements:
1 The number of horses ermitted on a property.shall equal one horse er
one acre of fenced pasture land.
Offspring to ermitted animals Uying on the lot shall not be counted as
art of the animal density for one year from date of birth at which time the
owner shall bring the animal density.back into cony fiance with this
ordinance.
3) Property owners must maintain the animals and iasture in a manner that
does not cause adverse impact to neighboring property owners. Potential
negative impacts on ad'a� cent properties include offensive odors,pasturerun-
off and the unusual presence of insects fflies). Failure to maintain the
property in accordance with these requirements shall be considered a
violation of this ordinance.
(4) Property annexed into the city exceeding the densities required under
section 1 above shall have u to two years from the date of annexation to
brin the animal dens it into corn liance with this ordinance.
Any person so offending shall be guilty of a misdemeanor and upon conviction thereof
shall be punished as provided in section 1-9 of this code, and shall be responsible for
damages done by such animals.
SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 7TH DAY OF MAY, 2007.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk