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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