[Adopted 12-27-1971 by L.L. No. 2-1971 as Ch. 54, Art. I, of the 1971 Code]
[Amended 5-9-2022 by L.L. No. 1-2022]
A.
No person shall breed, raise, harbor or maintain any bees, poultry,
chickens, turkeys, ducks, geese or any other fowl or reptiles, or
any swine, horses, cows, mules, goats, or any other animals or reptiles,
except domesticated pets within the Village, without a special use
permit subject to the approval of the Village of Depew Zoning Board
of Appeals in compliance with the following minimum regulations:
(1)
No person shall keep, maintain, house or possess more than six chickens
or ducks or any combination thereof on any premises. Breeding of chickens
on-site shall not be allowed.
(2)
All pens, coops or houses maintained for the keeping of chickens or ducks in all zoning districts shall comply with the setback and side yard requirements set forth at § 260-14, pertaining to the keeping of household pets. However, in every case, chicken coops shall be located at least 15 feet from any property line.
(3)
The pens, coops or houses in which such chickens or ducks are kept
must be cleaned once each day and maintained in a sanitary condition,
free of refuse, debris and any other dirt or excess food, so as not
to endanger the public health and safety.
(4)
Chicken or duck refuse and feed must be stored in metal containers
and securely covered with metal covers.
(5)
There shall be no less than two square feet of floor space per chicken
or duck in any pen, coop or house in which such chickens or ducks
are kept. The pen, coop or house shall be large enough to provide
adequate access for cleaning and egg collecting.
(6)
Pens, coops or houses shall be suitably screened from the view of
surrounding residences and surrounding streets by a fence or by shrubs,
unless said pen, coop or house is located in such a manner as not
to be visible from the surrounding residences and streets.
(7)
Chickens and ducks shall be confined at all times to the property
on which they are kept, possessed or maintained.
(8)
Any chickens or ducks maintained, housed or possessed and all eggs
produced from said chickens or ducks shall be for the sole use and
consumption of the homeowner or tenant in possession and shall not
be offered for resale.
(9)
In no instance will roosters, geese or any other fowl or any swine,
horses, cows, mules, goats, bees or any other animals or reptiles
except domesticated pets be permitted within the Village without a
permit subject to the recommendation of a special use permit from
the Village of Depew Zoning Board of Appeals and final approval from
the Village of Depew Board of Trustees.
(10)
The applicant shall provide proof that he or she has notified, in
person or in writing, all property owners within 100 feet of the applicant's
property that the applicant has applied for a special use permit to
maintain a chicken coop and informing such property owners of the
date and time of the public hearing on the application.
(11)
The special use permit shall be limited to the applicant and shall
not be transferable.
(12)
The raising of the chickens shall be subject to all applicable sanitary,
noise and property maintenance regulations, ordinances and laws. Chicken
waste shall not be composted or mulched on-site. Chicken waste shall
be stored in appropriate containers that do not create any nuisance.
(13)
The special use permit shall be valid for a maximum of two years.
The ZBA may grant approval of the special use permit for a period
less than two years. Additional consecutive or nonconsecutive special
use permits may be granted by the ZBA upon the filing of each new
application.
(14)
The costs and application fees will be set by the Village of Depew
Fee Schedule.
(15)
The ZBA may require screening of the chicken coop or chicken run
as deemed appropriate.
(16)
The ZBA shall solicit input from all property owners within 100 feet
of the applicant's property and shall evaluate any complaints
that have been received relative to the raising of chickens on the
property.
(17)
Prior to the ZBA hearing for the temporary special use permit, the
Code Enforcement Officer shall conduct an inspection of the premises
associated with application for the special use permit. The inspection
shall note any property maintenance issues and shall include an inspection
of the proposed chicken coop (if it exists). The Code Enforcement
Officer will provide a report of their findings to the ZBA.
B.
"Domesticated pets" are hereby defined to mean any animals, birds,
reptiles or fish customarily kept in the home or place of residence
which are not vicious, dangerous, or otherwise obnoxious, objectionable
or offensive.
C.
Preexisting.
(1)
Chickens and ducks. Any chicken coop and/or run existing prior to
the effective date of this section shall be considered preexisting
(or "grandfathered") and permitted to remain in place with the 1/2
acre minimum lot size requirement waived for a period of two years,
provided the following conditions are satisfied:
(a)
No person shall keep, maintain, house or possess more than six
chickens or ducks or any combination thereof on any premises. Breeding
of chickens on-site shall not be allowed.
(b)
All pens, coops or houses maintained for the keeping of chickens or ducks in all zoning districts shall comply with the setback and side yard requirements set forth at § 260-14, pertaining to the keeping of household pets. However, in every case, chicken coops shall be located at least 15 feet from any property line. Any preexisting coop which is noncompliant with the zoning requirements must be brought into compliance within six months of the enactment of this section.
(c)
The pens, coops or houses in which such chickens or ducks are
kept must be cleaned once each day and maintained in a sanitary condition,
free of refuse, debris and any other dirt or excess food, so as not
to endanger the public health and safety.
(d)
Chicken or duck refuse and feed must be stored in metal containers
and securely covered with metal covers.
(e)
There shall be no less than two square feet of floor space per
chicken or duck in any pen, coop or house in which such chickens or
ducks are kept. The pen, coop or house shall be large enough to provide
adequate access for cleaning and egg collecting.
(f)
Pens, coops or houses shall be suitably screened from the view
of surrounding residences and surrounding streets by a fence or by
shrubs unless said pen, coop or house is located in such a manner
as not to be visible from the surrounding residences and streets.
(g)
Chickens and ducks shall be confined at all times to the property
on which they are kept, possessed or maintained.
(h)
Any chickens or ducks maintained, housed or possessed and all
eggs produced from said chickens or ducks shall be for the sole use
and consumption of the homeowner or tenant in possession and shall
not be offered for resale.
(i)
In the event there is a dispute as to whether or not an applicant
has been grandfathered, the applicant must present clear and convincing
evidence to the Zoning Board of Appeals or Village of Depew Justice
Court that the applicant possessed the animals prior to the date of
the enactment of this section; and received permission to possess
the animals as required by the prior version of this section.
(2)
Other nondomestic animals. Any bees, poultry, chickens, turkeys,
ducks, geese or any other fowl or reptiles, or any swine, horses,
cows, mules, goats, or any other animals or reptiles permitted by
the Village of Depew prior to the effective date of this section shall
be grandfathered and permitted to remain as a preexisting nonconforming
use for a period of two years, provided the following conditions are
satisfied:
(a)
All pens, coops or houses maintained for the keeping of bees, poultry, chickens, turkeys, ducks, geese or any other fowl or reptiles, or any swine, horses, cows, mules, goats, or any other animals in all zoning districts shall comply with the setback and side yard requirements set forth at § 260-14, pertaining to the keeping of household pets. However, in every case, all pens, coops or houses shall be located at least 15 feet from any property line. Any preexisting coop which is noncompliant with the zoning requirements must be brought into compliance within six months of the enactment of this section.
(b)
The pens, coops or houses in which bees, poultry, chickens,
turkeys, ducks, geese or any other fowl or reptiles, or any swine,
horses, cows, mules, goats, or any other animals or reptiles are kept
must be cleaned once each day and maintained in a sanitary condition,
free of refuse, debris and any other dirt or excess food, so as not
to endanger the public health and safety.
(c)
The refuse and feed of bees, poultry, chickens, turkeys, ducks,
geese or any other fowl or reptiles, or any swine, horses, cows, mules,
goats, or any other animals or reptiles must be stored in metal containers
and securely covered with metal covers.
(d)
Pens, coops or houses shall be suitably screened from the view
of surrounding residences and surrounding streets by a fence or by
shrubs, unless said pen, coop or house is located in such a manner
as not to be visible from the surrounding residences and streets.
(e)
Bees, poultry, chickens, turkeys, ducks, geese or any other
fowl or reptiles, or any swine, horses, cows, mules, goats, or any
other animals or reptiles shall be confined at all times to the property
on which they are kept, possessed or maintained.
(f)
Any bees, poultry, chickens, turkeys, ducks, geese or any other
fowl or reptiles, or any swine, horses, cows, mules, goats, or any
other animals or reptiles maintained, housed or possessed and all
eggs, honey, milk, or other product produced from said chickens or
ducks shall be for the sole use and consumption of the homeowner or
tenant in possession and shall not be offered for resale.
(g)
In the event there is a dispute as to whether or not an applicant
has been grandfathered, the applicant must present clear and convincing
evidence to the Zoning Board of Appeals or Village of Depew Justice
Court that the applicant possessed the animals prior to the date of
the enactment of this section and received permission to possess the
animals as required by the prior version of this section.
D.
Inspection and revocation.
(1)
An inspection by the Code Enforcement Officer finds that the coop
and/or run conforms with, or can be brought into conformance with,
the requirements of this section within 45 days of inspection. If
the coop and/or run remains noncompliant for more than 45 days, the
special use permit will be temporarily suspended pending hearing before
the ZBA on final determination of whether or not the special use permit
should be permanently revoked. The final hearing must be requested
to the Village of Depew Code Enforcement Officer, in writing, within
seven days of the temporary suspension and must occur within 30 days
of the date of request for hearing;
(2)
Any person aggrieved by the issuance, denial or revocation of a permit
granted hereunder may appeal such determination or action by the Code
Enforcement Officer to the Zoning Board of Appeals as provided for
and governed by New York Village Law §§ 7-712-a and
7-712-b, Subdivision 1. In deciding such appeal, the Board of Appeals
shall consider the requirements and intent of this subsection and
shall set forth the basis for its determination in writing. Any person
aggrieved by the decision of the Board of Appeals may seek judicial
review of such determination as provided for and governed by New York
Village Law § 7-712-c; and
(3)
Any applicant who has previously had an animal special use permit
revoked will be banned from applying for a subsequent animal special
use permit for a period of five years for the associated address.
E.
Fines.
(1)
Any person, firm or corporation violating any provision of this section
shall be guilty of an offense punishable by a fine not to exceed $250
for each week that said section is violated or imprisonment for a
period not to exceed 15 days, or both, in violation of said section.
(2)
Any person, firm or corporation taking part in or assisting in any
violation of this section shall also be subject to the penalties herein
provided.
Each application for a permit to maintain a
yard or pen for the keeping of bees, poultry, chickens, turkeys, ducks,
geese or any other fowl or reptiles, or any swine, horses, cows, mules,
goats, or any other animals or reptiles, shall be in writing on a
blank form provided by the Village and shall be accompanied by a permit
fee of $5 therefor, which shall not be refundable.
No permit shall be issued by the Board of Trustees for the purposes set forth in § 68-1 in any case in which in the judgment of said Board such conditions shall be likely to interfere with or destroy the peace, quiet and order of the Village.
Permits for the purposes contained in § 68-1 shall be uniform and may, in the discretion of the Board of Trustees, contain provisions and conditions, which, in their judgment, may be essential for the welfare and benefit of the people of the Village.
A.
Any permit for purposes contained in § 68-1 may be revoked and annulled by the Board of Trustees upon proof of a violation of any provision of this article.
B.
The proof shall be taken before the Board of Trustees
upon notice of not less than two days to show cause why such permit
should not be revoked. It shall hear the proofs and allegations of
the case and determine the same summarily and no appeal shall be taken
from their determination.
C.
Any person whose permit shall have been revoked or
annulled shall not thereafter be entitled to a permit under any of
the provisions of this article.
D.
On an examination pursuant to notice to show cause,
as aforesaid, the permittee may be a witness in his own behalf.
