§ 6.04.173. Domestic animal structures and enclosures.

(a)

Domestic animal structures used for livestock and livestock feeding and watering troughs shall not be less than 200 feet from any adjacent dwelling and not less than 20 feet from any property line.

(b)

Stables, coops, pens and other structures for the housing of animals shall comply with all zoning requirements of the City of Wichita-Sedgwick County Unified Zoning Code.

(c)

The Chief of Police or designee will evaluate properties and may issue waivers of distance and setback requirements for domestic animal structures where such waivers do not adversely affect public health and safety, pose a threat to the environment or constitute a nuisance to neighbors. Criteria for review for such variance will include, in addition to site-specific requirements, the following requirements:

(1)

That the animals will be kept or maintained at all times in a safe and sanitary manner;

(2)

That the quarters in which such animals are kept or confined will be adequately lighted and ventilated and are so constructed and maintained that they can be kept in a clean and sanitary condition;

(3)

That the health and well-being of the animals will not in any way be endangered by the manner of keeping or confinement;

(4)

That the animals will not unreasonably annoy humans, endanger the life, health or safety of other animals or persons or substantially interfere with the rights of citizens to the enjoyment of life or property;

(5)

That the keeping of such animals will not harm the surrounding neighborhood or unreasonably disturb the peace and quiet of the surrounding neighborhood;

(6)

That the keeping of such animals will not cause fouling of the air by offensive odors and thereby create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animals are kept or harbored;

(7)

That the animals will not repeatedly run or be found at large, will not damage property or deposit excretory matter upon the property of anyone other than their owner;

(8)

That the animals will not make disturbing noises, i.e., continued and repeated or untimely howling, barking, whining or other similar utterances causing unreasonable annoyance, disturbance or discomfort to neighbors where the animals are kept or harbored, or otherwise be unreasonably offensive or dangerous to the public health, safety or welfare, by virtue of their behavior, number, type or manner of keeping;

(9)

That the applicant or any person who will share in the care, custody and control of the animals, is not currently in violation of, or has not previously violated any applicable city, state or federal laws, codes, rules or regulations, including, but not limited to, those pertaining to the care and control of animals and the maintenance of their property, which would reflect adversely on their ability to fully comply with the conditions of the subject permit.

(e)

In considering waivers for Domestic Animal Structures, the Chief of Police or designee will consider:

(1)

Specific location of the animal structure or enclosure on the property in question;

(2)

The size of the lot and distance of the structure or enclosure to adjacent property lines and dwellings;

(3)

Structures located on or uses made of the adjacent property and the likelihood that a waiver would adversely affect the use of the adjacent property;

(4)

Type and number of animals to be maintained and the potential for creation of a nuisance;

(5)

Any history of complaints and violations concerning the permit holder's compliance with this Code or violations of local, state or federal law;

(6)

Any comments of neighbors; and

(7)

Any other available information concerning the potential for creation of a nuisance.

The Chief of Police or designee shall notify the applicant for the variance of his or her determination of the request in writing stating the basis for any denial and any conditions placed on any granted variance request. Individuals aggrieved by any decision of the Chief of Police or designee relative to waivers may appeal to the City Council within ten days' of notice of such decision as set forth in section 6.04.210 of this Code.

(Ord. No. 48-300, § 25, 3-24-09, eff. 7-1-09; Ord. No. 49-010, § 26, 5-24-2011; Ord. No. 49-010(Corr. Copy), § 26, 7-11-2011)