Sec Definitions.

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1 To: From: Planning Commission Jon Hoffman, Planner Date: September 22, 201 Subject: Municipal Code Amendments to Chapter 25 and Chapter 2 to allow miniature pot bellied pigs and miniature goats. PROPOSAL Per City Council s request to bring forward amendments to the Municipal Code to allow miniature goats on residential and school properties, staff has prepared the proposed amendments to Chapters 25 Animals and Fowl and Chapter 2 Development and Zoning. At the Planning Commission workshop on March 30, 201, Planning Commission requested staff provide an analysis on expanding the keeping of goats to include keeping small animals or livestock in the residential zones of Lafayette. BACKGROUND The Lafayette Municipal Code allows for household pets, as defined in Table 2A Permitted Uses as; not exceeding three each of dogs, cats, and one other species of household pet. This limitation applies to rabbits, but does not apply to other household pets customarily housed in a cage, aquarium, or similar enclosure in residential zones. Per the Code; goats, pigs and all other non household pets are not permitted at residential zoned properties. Staff reviewed regulations in twelve Colorado cities as well as some out of state municipalities in regard to keeping residential livestock and small animals. The research indicated that where livestock or small animals were permitted, regulations included; square foot requirements dependant on species of animal, limit of number of specific animals, setback for animal enclosures, requirement to clean enclosures, requirement of fresh water on site, allowing certain sex of animals, and neutering of males of specific species. Using different aspects from these municipalities with these types of ordinances or regulations, staff has put together a proposal that very specifically addresses species of animals permitted, number of allowed animals, location of enclosure, and species size limitations. The proposed regulations will allow for the keeping of low impact livestock that are appropriate in residential neighborhoods. The proposed regulations are also geared to alleviate neighborhood concerns and allow for enforcement action if needed. ANAYSIS In gathering information for keeping of livestock, animals and small animals in urban and residential areas, staff found that municipalities that allow for the keeping of animals primarily base the number and type of animals on the size of the residential lots. The larger

2 the residential lots, the more animals that can be kept at the property and the greater variety of the animal species can be permitted. The property size requirement is to ensure that there will be less impact to the neighbors and for the safety and welfare of the animals. In applying these concepts to Lafayette, it is important to recognize that the majority of residential subdivisions where the keeping livestock or animals would be allowed and not prohibited by a homeowners association will be old town lots and older subdivisions on the north and west sides of Lafayette. Staff does not believe that keeping of large livestock including horses, llama, burros, alpaca, sheep, full size swine, or full size goats would be appropriate in residential areas regardless of the lot size. This does not preclude the Special Use Review process to allow animals in the RE1, RE2, M-1, Dr, and P zoned properties or the permitted/special use review process for animals in the AG zoning district. Staff does believe that the keeping of miniature pot bellied pigs and miniature goats would be appropriate throughout the City, when kept on a property as an accessory use to residential and school use, as these animals are much more similar to and have comparable impacts as household pets. Pot bellied pigs are very intelligent and have become a popular household pet in the last ten to fifteen years. They are quick learners, intelligent, and clean animals that can be trained in the same way as dogs or cats to use the outside area or litter box. Studies show that miniature goats are very good pets for children and will socialize with humans and other pets. They are highly intelligent animals and becoming popular as household pets. Studies have also found that isolated goats encounter emotional distress, fear and frustration. Staff recommends that no more and no less than two adult miniature goats must be kept to ensure continued socialization. MUNICIPLE CODE Should the Planning Commission find that keeping of miniature pot bellied pigs and miniature goats is appropriate for residential properties in Lafayette; staff proposes the following amendments to Municipal Code Chapters 25 and 2; Sec Definitions. Miniature pot bellied pig shall mean a cloven-hoofed animal, also known as Vietnamese, Chinese, or Asian pot bellied pigs which is domesticated, does not exceed twenty two (22) inches in height at the shoulders and does not exceed one hundred (100) pounds in weight. Miniature goat shall mean a livestock animal from the Nigerian Dwarf Goat or African Pygmy Goat breed that is not taller than twenty-four and a half inches (24.5) inches at the withers. Chapter 25 Animals and Fowl, Article VI, Restrictions and Prohibitions, be amended to add Section Miniature Goat and Miniature Pot Bellied Pigs.

3 Sec Miniature Goat and Miniature Pot Bellied Pigs. Keeping of miniature goats or miniature pot bellied pigs shall be unlawful in any area unless all of the following conditions are met: A. Keeping of miniature goats or miniature pot bellied pigs is hereby declared to be an accessory use in the agricultural zoning, residential zoning, and public zoning districts, and in conjunction with residential uses and school uses as such uses are defined in Section In all areas, keeping of miniature goats or miniature pot bellied pigs is only allowed as an accessory use subject to the conditions and restrictions of paragraph (b) of this section. Refer to Table 2A - Permitted Uses in Chapter 2 of the Lafayette Code of Ordinances for a list of the zoning districts where keeping of miniature goats or miniature pot bellied pigs is allowed. B. A miniature goats or miniature pot bellied pigs license must be approved by the Planning and Building Department. A nonrefundable application fee shall be submitted with the license application. City Council shall set the amount of such fee by resolution; C. Miniature goats and miniature pot bellied pigs are required to be located within a designated shelter and yard area that shall meet the following requirements i. Neither the shelter nor yard area shall be located in the front 50% of lot. ii. The shelter shall have a minimum five (5) feet setback from any side or rear property line, except as permitted in subsection 25-99(f)(xii). iii. The shelter shall be predator resistant with a solid covered roof. iv. Water shall be provided onsite and accessible to animals at all times. v. The maximum shelter size is 100 square feet, except as permitted in subsection (c)(vii). vi. The maximum height of a shelter shall be no more than seven (7) feet at the highest point of the roof, except as permitted in subsection (c)(vii). vii. Existing structures on a property as of December 1, 201, that do not meet the setback requirement in Code subsection (c)(ii), exceed the maximum size requirement in Code subsection (c)(v), or exceed the maximum height in Code subsection (c)(vi) may be used as a shelter as long as the structure is located in the rear yard of the property and if said structure is approved as part of the miniature animal license. viii. Yard areas must be fully fenced and constructed to confine all animals onsite. D. Pot Bellied Pig i. Only one (1) miniature pot bellied pig shall be kept within or upon any parcel of land or dwelling unit within the City limits; ii. Miniature pot bellied pigs over four (4) months of age must have current inoculation against rabies and leptospirosis. iii. Any male miniature pot bellied pig must be neutered or any female miniature pot bellied pig must be spayed.

4 iv. Any person owning or having charge, care, custody, or control of any miniature pot bellied pig shall be responsible for removing and cleaning up such pig feces on any public or private property; E. Miniature Goats i. No more and no less than two (2) adult miniature goats must be kept (for reasons related to the companionship needs of miniature goats); ii. iii. iv. Males must be neutered before the age of six () months; Any person owning or having charge, care, custody, or control of any miniature goats shall be responsible for removing and cleaning up such goat feces on any public or private property; Any number of offspring younger than twelve (12) weeks of age may be kept at the property. Sec 2-8 Definitions Miniature pot bellied pig shall mean a cloven-hoofed animal, also known as Vietnamese, Chinese, or Asian pot bellied pigs which is domesticated, does not exceed twenty two (22) inches in height at the shoulders and does not exceed one hundred (100) pounds in weight. Miniature goat shall mean a livestock animal from the Nigerian Dwarf Goat or African Pygmy Goat breed that is not taller than twenty-four and a half inches (24.5) inches at the withers Add Miniature Pot Bellied Pigs and Miniature Goats to Table 2B Use Chart Table 2A Permitted Uses AG RE1/2 R0/1 R2 R3/R4 RSR OTR T1 B1 C1 M1 P DR P Miniature Pot Yes Yes Yes Yes Yes Yes Yes No Yes Yes Bellied Pig Miniature Goats Yes Yes Yes Yes Yes Yes Yes s:. Miniature Pot Bellied Pgs and Miniature Goats are approved as an accessory use for residential and school uses in the T-1, B-1, C-1 and DR zoning districts. RECOMMENDATION Should the Planning Commission find that miniature goats and miniature pot bellied pigs is appropriate for residential and school properties in Lafayette; staff recommends the proposed additions and amendments to Chapter 25 and Chapter 2. MOTION Proposed Motion for Recommendation to Adopt Code Amendments The Planning Commission recommends the City Council adopt the proposed amendments to Chapter 25 and Chapter 2 of the Code of Ordinances finding that the proposal is in the best interest of the City. No Yes Yes

5 Proposed Motion for Recommendation to Not Adopt Code Amendments The Planning Commission recommends the City Council not adopt the proposed amendments to Chapter 25 and Chapter 2 of the Code of Ordinances finding that the proposal is not in the best interest of the City. Attachment: Spreadsheet

6 Wheat Ridge Steamboat Denver Boulder Colorado Springs Louisville Lakewood Ft. Collins Miniature Livestock and Goats 9,000 ft per horse. 1 horse = 4 goats, 2 llamas/ponies etc.,000 sq ft per additional animal No less than 2 goats, no more than 3 goats. No bucks. 2 per lot and minimum of 130 square ft/goat..5 acre per animal including goat, sheep, cow, llama, burro or other equine bovine. Stables/corrals up to 4 horses, ponies, goats, llamas, potbellied pigs must include 37,000 sq. ft. No 3 goats per property. 2 goats per lot. Other Only allowed in single family or duplexes. Can increase numbers with a zoning permit. No person shall keep swine, hogs, or pigs. No male goats. Fence must be 4' in height. Annual license. Setbacks and Enclosures 30' setback from residence or front lot line. 15' side and rear lot setback. Rear yard only. 30' setback from all property lines. 15' setback. Rear 50% of lot only. Enclosure must be clean every day. 55' from building envelope of the adjoining lot. Side and Rear yard only. Maximum 90 square ft and 10' in height. Must be maintained in rear 50% of lot.

7 Westminster Erie Longmont Broomfield Austin, TX Portland, OR Seattle, WA Miniature Livestock and Goats No No No No Yes, animals and fowl permitted in every district with proper enclosure. 3 or less chickens, ducks, pigeons, pygmy goats, or rabbits is use by right. 3 animals per lot, increase with lot size. Pot bellied pigs (up to 95 lbs) allowed up to 3 per lot. Other Setbacks and Enclosures Males neutered. 1-2, 10' setback, 2-, 50' setback, + must be 100' setback. Neighborhood notification and preinspection required to exceed animal occupancy. 15' from any residence including owners. ' hedgerow or fence required. Goats must be dehorned and neutered. 15' from any residence including owners. ' hedgerow or fence required.