Village of Depew Public Hearing January 24, 2022

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December 14, 2021

VILLAGE OF DEPEW LAW

 

§ 68-1 Permit required.

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: permit subject to the approval of the Village Board.

 

  1. 1.   No person shall keep, maintain, house or possess more than six (6) chickens or ducks or any combination thereof on any premises. Breeding of chickens on-site shall not be allowed;

 

  1. 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.

 

  1. 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.

 

  1. 4.   Chicken or duck refuse and feed must be stored in metal containers and securely covered with metal covers.

 

  1. 5.   There shall be no less than two (2) 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.

 

  1. 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.

 

  1. 7.   Chickens and ducks shall be confined at all times to the property on which they are kept, possessed or maintained.

 

  1. 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.

 

  1. 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

 

  1. 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.

 

  1. 11.        The Special Use Permit shall be limited to the applicant and shall not be transferable;

 

  1. 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;

 

  1. 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 non-consecutive Special Use Permits may granted by the ZBA upon the filing of each new application.

 

  1. 14.        The costs and application fees will be set by the Village of

Depew Fee schedule.  

 

  1. 15.        The ZBA may require screening of the chicken coop or chicken run as deemed appropriate.

 

  1. 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.

 

  1. 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. Pre-Existing

1. Chickens and Ducks. Any chicken coop and/or run existing prior to the effective date of this local law shall be considered pre-existing (or “Grandfathered”) and permitted to remain in place with the 1/2 acre minimum lot size requirement set forth in Section 4(D)(3) waived for a period of 2 (“TWO”) years, provided the following conditions are satisfied:

  1. A.  No person shall keep, maintain, house or possess more than six (6) chickens or ducks or any combination thereof on any premises. Breeding of chickens on-site shall not be allowed;

 

  1. 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 pre-existing coup which is non-compliant with the zoning requirements must be brought into compliance within six months of the enactment of this local law;

 

  1. 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;

 

  1. D.  Chicken or duck refuse and feed must be stored in metal containers and securely covered with metal covers;

 

  1. E.   There shall be no less than two (2) 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;

 

  1. 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;

 

  1. G.  Chickens and ducks shall be confined at all times to the property on which they are kept, possessed or maintained;

 

  1. 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;

 

  1. 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 (1) prior to the date of the enactment of this local law; and (2) received permission to possess the animals as required by the prior version of the local law;

 

  1. J.   Upon expiration of the 2 (“TWO”) year pre-existing duration the applicant will be required to apply for renewal of the special use permit pursuant to subdivision

 

2. Other Non-Domestic 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 local law shall be grandfathered and permitted to remain as a pre-existing non-conforming use for a period of 2 (“TWO”) years provided the following conditions are satisfied:

  1. 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 pre-existing coup which is non-compliant with the zoning requirements must be brought into compliance within six months of the enactment of this local law.

 

  1. 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.

 

  1. C.  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’ refuse and feed must be stored in metal containers and securely covered with metal covers.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 (1) prior to the date of the enactment of this local law; and (2) received permission to possess the animals as required by the prior version of the local law.

 

  1. H.  Upon expiration of the 2 (“TWO”) year grandfathering duration the applicant will be required to apply for renewal of the special use permit pursuant to subdivision

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 local law within forty-five (45) days of inspection. If the coop and/or run remains noncompliant for more than forty-five (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 (7) days of the temporary suspension and must occur within thirty (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(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 (5) years for the associated address.

D. FINES.

(1) Any person, firm or corporation violating any provision of this article shall be guilty of an offense punishable by a fine not to exceed $250 for each week that said article is violated or imprisonment for a period not to exceed 15 days, or both in violation of said article.

(2) Any person, firm or corporation taking part in or assisting in any violation of this article shall also be subject to the penalties herein provided.