[Adopted 8-5-1997 by Ord. No. 1461 as
Sec. 10.53 of the 1997 Code]
A.
Intent. It is the intent of the City Council to permit
activities more particularly described below in rural areas of the
City until such time that such areas are reclassified into urban areas
as hereinafter provided.
B.
Areas established. The rural and urban areas of the
City are hereby established and defined by the map entitled "Rural
and Urban Areas of the City of Franklin," dated May 21, 1985, and
adopted herein by reference. This map may be revised from time to
time, by resolution passed by the City Council, to redefine the rural
and urban areas as it becomes necessary.
C.
Permitted activities in rural areas.
(1)
Parking trucks and equipment. As permitted in the
A-1 Agricultural District under the Unified Development Ordinance,
upon the issuance of a permit for parking such vehicle or equipment
at a designated location by the Planning Manager, following application
therefor and meeting the following requirements.
[Amended 3-5-2002 by Ord. No. 2002-1708; 4-9-2003 by Ord. No. 2003-1747]
(a)
That the owner of the vehicle or equipment requires
such vehicle in his or her business or employment and has no other
area to park such vehicle or equipment.
(b)
That the applicant for such permit owns or leases
the land.
(c)
That the parking of such vehicle or equipment
will not aesthetically be detrimental to the immediate neighborhood.
(d)
That the vehicle is equipment which is operable
and being used.
(2)
Raising and keeping animals. Permitted under the following
conditions:
|
Species
|
Minimum Land Area (acres)
|
Special Regulations
| |
|---|---|---|---|
|
Poultry
|
3
|
Not more than 20 fowl for each acre of lot area
| |
|
Hogs
|
20
|
Pens and feeding areas shall be located not
less than 500 feet from an urban area. Maximum number of hogs allowed
shall be 20.
| |
|
Horses
|
3
|
Stables and grazing areas shall be located not
less than 150 feet from any urban area. There shall be a limit of
one horse per acre.
| |
|
Goats and sheep
|
20
|
Pens and feeding areas shall be located not
less than 500 feet from an urban area. Limit one per acre.
| |
|
Other domestic animals
|
3
|
Stables and grazing areas shall be not less
than 150 feet from an urban area.
| |
|
Rabbits
|
3
|
Hutches shall be located not less than 100 feet
from an urban area.
| |
|
Other fur- bearing animals
|
20
|
Pens and feeding areas shall be located not
less than 150 feet from an urban area.
|
(a)
Permit required. Before any animal can be raised
or kept on a parcel of land in a rural area, the owner of the land,
his or her agent or lessee shall apply to the Building Inspector for
a permit to raise or keep animals on such lands. He or she shall state
his or her name and address and his or her purpose for raising or
keeping such animals. The permit shall be renewed annually.
(b)
Condition for permit.
[1]
For the purpose of this section, the term "poultry
or animal yard" shall include every enclosure, shed or structure used
to house two or more live fowl, including in the term "fowl" chickens,
ducks, geese, turkey and other poultry, or two or more cattle, horses,
sheep, goats or other domestic animals.
[2]
Every person maintaining a poultry or animal
yard shall do everything reasonably necessary to keep the same clean
and sanitary.
[Amended 12-15-1998 by Ord. No. 98-1526]
[3]
Every poultry yard or animal yard shall be adequately
enclosed so as to be impenetrable against rats or other rodents. The
presence of rats in any poultry or animal yard shall be prima facie
evidence that such yard is maintained in violation of the provisions
of this section.
(c)
Legal nonconforming use.
[1]
Change from rural to urban. All persons who
own animals or poultry at the time an area is changed from rural to
urban may keep those animals if they obtain a permit within six months
of the change from rural to urban.
[2]
Notice of change. Upon the Council's change
of an area from rural to urban, the City Clerk shall cause to be published
a Class 2 notice stating the change and that a permit is required
for those persons wishing to keep their animals.
[3]
Permit.
[a]
Upon annual written application
to the Planning Manager and payment of $15 within six months of the
change of an area from rural to urban, the Planning Manager shall
issue a permit to all persons who qualify for a permit.
[Amended 3-5-2002 by Ord. No. 2002-1708]
[b]
The application shall state the
name of the applicant, the address of the property to be exempted
from the prohibition against poultry or animal ownership and the number
and species of animals or poultry then existing on the property.
[c]
All persons issued a permit shall comply with all the provisions for keeping and raising animals within rural areas as contained in § 183-68C(2).
[4]
Duration and extent of permit. The permit runs
with the land and is transferable upon transfer of the land either
by ownership or lease. If animals or poultry are not kept on the property
to which a permit has been granted for a continuous period of 12 months,
the permit expires, and all future animal and poultry keeping shall
be prohibited. The number of animals or poultry shall not increase,
and the species of animal or poultry shall not change from that number
and species authorized on the permit.
[6]
Enforcement. Any person who violates any provision of this subsection is subject to enforcement by the Planning Manager, including penalties contained in Chapter 1, General Provisions, § 1-19, an order for removal, injunction or other civil suit authorized by law.
[Amended 3-5-2002 by Ord. No. 2002-1708]
[7]
Effective date. This subsection shall take effect
upon publication in the Official Newspaper. It shall be effective
for all areas previously designated urban, and all persons in such
urban areas shall have six months from the date of publication to
obtain a permit as set forth herein.
(d)
Persons allowed to keep animals.
[1]
Only those persons who are raising or keeping
animals for their personal use or hobby shall be given permits to
raise or keep animals. It is not the intent of this section to permit
the raising or keeping of animals for commercial purposes or gain.
The permission being granted to use lands to raise or keep animals
is for an interim use until such time as the lands become urban in
nature as determined by the City Council.
[2]
Any commercial ventures, such as riding academies
and stables, kennels, etc., shall be subject to the regulations established
by the Unified Development Ordinance and/or other ordinances.
[Amended 4-9-2003 by Ord. No. 2003-1747]
