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HomeMy WebLinkAboutRes1987-078 . . . Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 87-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING AMENDMENTS TO THE SEWARD URBAN DISTRICT ZONING CODE REGARDING LIVESTOCK WITHIN THE CITY WHEREAS, the keeping of livestock and other animals within a city is not always compatible with the expectation of neighbors and other residents; and WHEREAS, most lots in the city of tially small in comparison to rural livestock in limited quarters; and Seward are substan- lots, thus placing WHEREAS, a growing number of horses and other farm animals within the city of Seward has prompted concern; and WHEREAS, increased noise, odor and unsightly conditions are often the result of keeping livestock and other animals in confined spaces; and WHEREAS, the City Council of the city of Seward finds that the keeping of some types of livestock within the city limits is incompatible with the residential character of the city and is an inappropriate use of small residential lots within the city; and WHEREAS, the keeping of livestock on small residential lots wi thin the city can be offensive to neighboring res- idential users and can reduce adjacent property values; and WHEREAS, some forms of livestock and the care of livestock present public health and safety problems ranging from offensive odors to the attraction of insects and flies which can transmit disease and potential injury to members of the public; and WHEREAS, enforcement of public nuisance ordinances regarding the keeping of livestock is difficult for the city to accomplish consistently and fairly while providing members of the public with assurance of compliance and owners of livestock predictable and ascertainable standards; and WHEREAS, the City Council of the city of Seward finds that land use regulation is the most appropriate and least intrusive form of regulation of this public health, safety and land use issue; and -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 87-078 WHEREAS, the City Council recognizes that citizens who are currently the owners of livestock within the city limits reasonably believed that they were not in violation of the city of Seward Comprehensive Plan or the Seward Zoning Code when they acquired those animals, and in some cases built stables, barns or other accessory buildings to house them; and WHEREAS, the City Council desires to stop the further increase of livestock within the city while not unduly interfering with those persons who acquired livestock in reliance on the city's prior zoning ordinance; NOW, THEREFORE, the City Council of the city of Seward, Alaska, finds that the following recommended change to the Seward Zoning Code is in the public interest and represents the least intrusive mechanism for accomplishing the pro- tection of the public health, safety and welfare and the goals of the Seward Zoning Code, and the City Council of the city of Seward hereby RESOLVES that: Section 1. The Kenai Peninsula Borough Assembly is urged to revise the Seward Urban District Zoning Code by the addition of a new Section 21.78.680 to read as follows: Sec. 21.78.680. Livestock prohibited on privately- owned city lots except by conditional use permit. (a) Notwithstanding the provisions of any other section of this chapter, no livestock may be kept within the city on privately-owned lots except by condi tional use permi t. Such a conditional use permit shall expire at the end of one year. Nothing in this section shall prohibit the granting of consecutive conditional use permi ts. A fee shall not be charged for applications for consectuive conditional use permits for the same animal. (b) Livestock present within the city at the time this ordinance is enacted are permitted. Should such livestock expire or be relocated for more than 60 days, they shall not then be permi tted wi thin the city except in conformance with this chapter. Section 2. The Kenai Peninsula Borough Assembly is further urged to amend Section 21.78.030 (Definitions) by adding the following: -2- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 87-078 Livestock - Animals kept or raised for plea- sure or profit that belong to the following clas- sifications: Equidae (horse family), Suidae (swine family), Bovidae (cattle, goats, sheep family), Camelidae (llama family), and poultry. Poultry - Chickens, turkeys, geese, ducks, guinea fowl and pheasants. Section 3. This resolution shall take effect immedi- ately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 14 day of September , 19~. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: BOOHER, GIESELER, HILTON, MEEHAN, NOLL & SIMUTIS NONE DUNHAM NONE ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK ~N~ Fred B. Arvidson City Attorney (City Seal) -3-