ZONING INFORMATION LIVESTOCK AND PASTURE MAINTENANCE STANDARDS

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1 City of Lewiston, Idaho Community Development Department Page 1 Section Purpose. ZONING INFORMATION LIVESTOCK AND PASTURE MAINTENANCE STANDARDS The purpose of this article is to provide standards for the keeping and raising of livestock. It is the intent of this section to encourage the use and protection of agricultural lands, maintain and enhance the city s rural lifestyle and minimize potential adverse effects on adjoining property from the establishment of incompatible use relating to the keeping and raising of animals. The City of Lewiston recognizes and supports the right to maintain livestock in a manner consistent with accepted customs and standards in the F-2 and R-1 districts, and with a conditional use permit, the R-2A district. The City of Lewiston has determined that inconveniences or discomforts with farming activities shall not be considered a nuisance if operations are consistent with accepted customs and standards and the code sections set forth below. Section Definitions. Animal rights means the ability to keep a specific number and type of livestock or poultry on a piece of property because of it being allowed by the zoning, authorized by a conditional use permit, or as a historic, legally established and continuously maintained nonconforming use. Cleaning means the removal of manure from stalls or pens, stockpiling of manure, composting of manure, tilling manure into fields or hauling the manure off site. Corral means as an outdoor stall. Dry lot means an area of property upon which no forage is present for feeding. Dry lots shall be at least nine hundred (900) square feet with a minimum dimension of ten (10) feet. Dry lots shall not be partitioned into less than nine hundred (900) square foot areas. Dry lots are a place of temporary containment for convalescing animals, animals being worked, or animals given regular exercise on a different location of the property. Farming means the raising and harvesting of crops; feeding, breeding and management of livestock; growing and harvesting of timber; dairying; or any other agricultural or horticultural use or any combination thereof. It includes the construction and use of dwellings and other structures customarily provided in conjunction with farming and further includes the disposal, by marketing or otherwise, of products produced on the premises. Standards for the keeping of livestock in a zone in which farming is permitted shall be the same as the standards for the keeping of livestock under a conditional use permit.

2 City of Lewiston, Idaho Community Development Department Page 2 Feedlot means a property which does not have sufficient livestock area or animal rights for the number of livestock and poultry on site, whereon livestock is confined for any period of time, for the primary purpose of feeding prior to sale. Feedlot does not include the raising, feeding and keeping of livestock by children residing on the property for the purpose of participation in educational programs such as 4-H. Livestock is a generic term and includes all cattle or animals of the bovine species; all horses, mules, burros and donkeys or animals of the equine species; all goats or animals of the caprine species; all swine or animals of the porcine species; all sheep or animals of the ovine species; all poultry; llamas and alpacas. Livestock area means pasture, corrals, dry lots, feed lots and other property including buildings available and used by livestock. Livestock area size shall be determined by taking the gross parcel size and any leased area and excluding there from the minimum residential lot size required by the zoning classification and any other properties not in regular use by the livestock. Livestock area shall not be reduced by the minimum lot size required by the zoning classification when a residential structure has not been constructed on the property. Editorial Note: Minimum lot size in the R-2A Zone is 7500 square feet for a single family dwelling (including manufactured homes) and 10,000 square feet for a duplex. Minimum lot size in the R-1 Zone is 10,000 square feet or 15,000 square feet for a duplex. Pasture means an area of property whereon forage for the type of livestock being grazed or otherwise confined is sustained over the entire area on a continual basis except for when the pasture is being rotated, plowed, or replanted. Stall means a compartment for one animal in a stable or barn. The minimum stall size is ten (10) feet by ten (10) feet. WHERE IS THE KEEPING OF LIVESTOCK ALLOWED? As a Conditional use in the R-2A zone, subject to the standards of section through As a Permitted use (Farming) in the F-2 and R-1 zones, subject to standards of section through

3 City of Lewiston, Idaho Community Development Department Page 3 Section Allowed number of animals. Farming includes the keeping of livestock. Where the keeping of livestock is permitted outright or as a conditional use in a residential zone, the following standards shall apply: a) HORSE AND CATTLE One (1) head for the first one-half (1/2) acre of livestock area and one (1) head for each additional one-third (1/3) acre of livestock area (not including sucklings). b) LLAMAS Two (2) llamas for the first one-half acre of livestock area and four (4) llamas for each additional acre of livestock area (not including sucklings). c) SHEEP AND GOATS Five (5) head of sheep for the first one-half (1/2) acre of livestock area and ten (10) head of sheep for each additional acre of livestock area (not including sucklings). Five (5) head of female or castrated male goats or alpacas, or any combination thereof, for the first one-half (1/2) acre of livestock area and ten (10) head for each additional acre of livestock area. The keeping of uncastrated male goats in a residential zone is not permitted. d) POULTRY All poultry must be confined on site. Only one (1) rooster is permitted for each one half (1/2) acre of livestock area. e) SWINE The keeping of swine in a residential zone is prohibited. f) Standards for the keeping of animals, other than those listed, shall be set by the Community Development Director following consultation with appropriate advisors. g) The standards above may be exceeded for a three (3) month period for a suckling when it is slow to mature to market weight and needs to be kept with its mother. h) Animals shall be kept in such a manner as to not constitute a nuisance with respect to neighboring properties. i) Grandfathered Animal Rights. For properties that do not have sufficient livestock area for a given number and type of livestock or poultry as required by number one (1) above, a determination that animal rights exists will be made upon demonstrating that the property has been consistently used for animals from 1993 to present, the number of animals have not increased and the type of animals have not changed. Changes can be made in the number and types of animals that bring the property into closer conformance with the adopted livestock area standards.

4 City of Lewiston, Idaho Community Development Department Page 4 Section Pasture maintenance standards. a. Drainage. Positive drainage shall be maintained in all stalls, dry lots and manure storage areas to avoid introducing moisture into areas with manure if possible. b. Fencing. Properties with animal rights are to be fenced to keep animals on their owner s property. The type of animals confined shall determine the appropriate fence materials. Fencing shall be maintained by the owner. c. Forage. 1. Forage shall be continually present on all areas of property considered to be pasture, unless the pasture is in the process of being replanted. 2. The person owning the pasture shall be responsible for eliminating noxious weed growth. d. Manure clean up 1. Stalls and buildings shall be cleaned at least twice per week. 2. Corrals shall be cleaned at least twice per week except when weather conditions have saturated the ground. Cleaning shall occur as soon as practical after the ground has dried. 3. Dry lots shall be cleaned weekly except when weather conditions have saturated the ground. Cleaning shall occur as soon as practical after the ground has dried. 4. Pastures need not be cleaned when established livestock area ratios are being complied with. If manure becomes concentrated in a small portion of the pasture it shall be cleaned monthly. e. Manure disposal 1. Manure may be hauled off site to an approved facility. 2. Manure may be composted on site provided the composting area is not located within thirty (30) feet of any property line and manure composting/storage guidelines are being complied with. 3. Manure may be spread, tilled and harrowed into pastures. The pasture area shall be a minimum of one half (1/2) acre for each two (2) cows or horses being confined on the property. Manure may not be tilled into the soil within twentyfive (25) feet of a Category B drainage, one hundred (100) feet of a municipal well, or in areas known to have high water table. f. Manure storage 1. Stockpiled manure storage areas shall not exceed a footprint of five hundred (500) square feet from March through October and eight hundred (800) square feet from November through February and be no greater then six (6) feet high. Stockpiled manure shall be placed a minimum of thirty (30) feet from any property line. 2. Stockpiled manure shall not be stored for a period longer then forty-five (45) days during the months of March through October, and sixty (60) days from November through February, weather permitting.

5 City of Lewiston, Idaho Community Development Department Page 5 Section Accumulation of manure a nuisance. The accumulation of manure in violation of Lewiston City Code Sections [37-195] through is hereby declared a nuisance. Section Notice to remove. The code enforcement officer of the City of Lewiston is hereby authorized and empowered to serve notice upon the owner, person in control or contract purchaser of any private property located within the city limits whereon there occurs a nuisance accumulation of manure. The notice shall describe the violations(s) and shall direct said owner, person in control or contract purchaser to promptly remove any manure from said property. Said notice shall be accomplished by posting said notice on the real property whereon the nuisance accumulation of manure exists and by mail and addressed to said the record owner at his or her last address of record. Section Action on noncompliance. When the owner, person is control or contract purchaser, after proper notice as provided above, and after ten (10) days fails, neglects or refuses to properly dispose of and remove all manure from the real property within the time period stated in the notice of violation, then the code enforcement officer is hereby authorized to cause such manure to be removed. Section Special assessment for costs of removal. When the code enforcement officer has caused the manure on private property to be removed and disposed of as provided in this article, then the actual costs of such removal and disposal, shall become a special assessment against said real property. All charges, if unpaid after thirty (30) days shall be declared delinquent and may be certified by the city clerk to the Nez Perce County Tax Collector and collected in the manner provided for by Idaho Code Section

6 City of Lewiston, Idaho Community Development Department Page 6 OTHER PROVISIONS RELATED TO LIVESTOCK AND PASTURE MAINTENANCE Section Conditional Use Permit. a. Livestock owners who have met all aspects of the standards for livestock and pasture areas for a period of two consecutive years may apply for a conditional use permit to exceed the number of animals allowed by one (1) above. b. The Administrator shall determine whether standards have been met after taking into account any evidence the livestock owner submits and any legitimate complaints filed against the livestock owner. c. The livestock owner shall have the burden of demonstrating why a greater number of animals is appropriate and will not unduly impact neighboring property owners. d. Any conditional use permit approved under this section shall be granted to a specific owner(s) and shall not be transferable or re-locatable. Section Discontinuance of a nonconforming use. (3) If any such nonconforming use of land involves the keeping of livestock, and is discontinued for a period of six (6) months, further use of the property shall conform to this chapter, except where a declaration of a water emergency by the water district or city council necessitates removal of livestock for pasturage, and due to a water shortage is discontinued for a period of twelve (12) months, or for pasture rotation, breeding or competitive showing.