21-2022 - Amend 505.18 Hen Permit

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(1) Written application for exemption shall be filed by any person desiring to obtain an exemption with the Director of Public Safety. The application shall state the applicant's name, address, type and number of animals desired to be kept, general purpose for which the animals will be kept, and a general description of provisions which will be made for safe, sanitary and secure maintenance of the animals. (2) The Director of Public Safety may grant, deny or restrict the terms of an application for exemption; provided, however, that he shall take some official action on an application within 120 days of its filing. (3) In considering the merits of an application for exemption, the Director of Public Safety may cause one or more inspections of the applicant's premises to be made by appropriate employees or representatives of the City, and may also refer the application to persons who are technically knowledgeable with respect to the animals involved for an advisory opinion. (4) In evaluating an application for exemption, the Director of Public Safety shall give consideration to the following criteria: A. The experience and knowledge of the applicant relative to the animals involved; B. Whether the applicant has obtained a federal or state permit relative to the animals involved; C. The relative danger, safety, and health risks to the general public, to persons residing or passing near the applicant' s premises, and to the applicant in connection with the animals involved; D. The provisions which have been or will be made for the safe, sanitary and secure maintenance of the animals for the protection of the general public, persons residing or passing near the applicant's premises, and the applicant; E. The provisions which have been or will be made to protect the safety and health of the animals involved; F. Any other logically relevant information (5) An application for exemption under this subsection (d) shall be denied unless the Director of Public Safety determines that, in view of all the relevant criteria and any restrictions which he may provide, reasonably appropriate measures commensurate with the degree of risk associated with the animals involved have been or will be taken to assure at least a minimum acceptable level of protection from danger to the health and safety of the general public, persons residing or passing near the applicant's premises, and the applicant. (6) An exemption granted pursuant to this subsection (d) may be withdrawn by action of the Director of Public Safety in the event that the Director of Public Safety determines that there has been a change in the conditions or assumptions under which it was originally granted or in the event that the applicant fails to comply with restrictions originally placed on the exemption. (7) The Detector of Public Safety shall notify Council at least 30 days prior to any exemption taking effect. (e) Notwithstanding any of the foregoing, female chickens ( "hens," for the purpose of this subsection (e)), may be kept in the City only in accordance with the following regulations: (1) Zoning Districts. Hens may be kept only in an R1 Residential Single - Family or R2 Residential Single- and Two - Family District. (2) Application, Permit and Renewal. Before the keeping of hens may occur, a triannual permit shall have first been obtained from the Director of Public Safety. The permit application must be accompanied by a $25.00 fee paid to the City. New permit applications shall include the following information: the name, phone number, home address and email address of the applicant; the size and location of the subject property; a proposal containing the number of hens the applicant seeks to keep on the property; a description of any coop or outdoor enclosure providing precise dimensions and the precise location of these enclosures in relation to property lines and adjacent properties, with specifications and drawings if available; a certificate or letter showing that the applicant has taken a class in keeping backyard hens from the Ohio State University Extension or other source approved by the Director of Public Safety; the permission of the property owner for the applicant to keep hens, if the applicant is not the owner; and the applicant's permission for any City official to enter the lot to determine whether the permit should be granted and the use maintained. Renewal permit applications shall be on a form prescribed by the Director of Public Safety. Both New and Renewal permit applications shall contain a waiver to allow a records check within the City to ensure that the applicant is in compliance with all applicable codes. (3) Inspection. Within 30 days of the Director of Public Safety or his or her designee receiving the initial application, he or she shall cause the lot to be inspected. The person(s) inspecting the premises shall determine if the lot dimensions in the application are accurate; determine the feasibility of the applicant meeting the remaining criteria in this subsection (e); and note whether any extraordinary circumstances exist, such as outstanding property citations or unsanitary property conditions, or such as the applicant's proximity to other approved or proposed coops such that a neighborhood may be adversely impacted, that would militate against the granting of the application. For new permit applications, an inspection of the coop and any fencing shall be conducted within 30 days' notice from the applicant that the coop has been installed. A determination shall be made, within 30 days of the inspection, whether the permit should be issued. (4) Personal Use, Limitations. Hens may be kept only for personal use by persons residing in the principal structure on the lot on which the hens are kept. No hens may be kept on a lot containing more than three dwelling units. Residents of no more than one dwelling unit within a structure may keep hens on that lot. No more than six hens shall be allowed on any lot.