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Derry City Zoning Code

ARTICLE XX

Livestock and Fowl

§ 165-154 Lot requirements.

Livestock shall only be permitted on lots containing one or more acres. There is no lot minimum for fowl, provided they are kept in compliance with the terms of this article.

§ 165-154.1 Lot setbacks.

All buildings, pens, kennels, runs and enclosures (excluding pastures) shall be located at a minimum of 20 feet from any property line.

§ 165-155 Nuisances prohibited.

[Amended 5-7-2020]
At no time shall a public nuisance be created or allowed to continue.

§ 165-156 Shelter.

All livestock or fowl shall be properly housed in structures designed to adequately provide shelter for the particular type of livestock or fowl being kept. Fowl pens shall have wire mesh or poly mesh roofs, or a suitable cover.

§ 165-157 Enclosures.

All such livestock or fowl shall be properly enclosed at all times. Areas, including kennels, shall be maintained to prevent accumulation of mud and feces/manure. Fencing shall be adequate to prevent the livestock or fowl from escaping from and trespassing on public or private property.

§ 165-158 Wastes.

Manure cannot be stockpiled so as to create a nuisance or health hazard. Manure shall be stored at a minimum of 75 feet from wetlands, bodies of water, wells, drainage swales, and a minimum of 150 feet from abutting houses. Manure shall be stored in such a way so as to prevent runoff from reaching such areas.

§ 165-159 Interpretation.

Nothing herein is intended to allow a commercial use involving livestock or fowl within any zone unless it is already allowed as a permitted use.

§ 165-160 Severability.

If any provision of this article governing livestock and fowl is found to be invalid by a court of competent jurisdiction, the remaining sections not affected thereby shall remain in full force and effect.

§ 165-161 Penalties.

Penalties are subject to the provisions found in Article XVI, § 165-132, Violations and penalties.

§ 165-162 Preexisting nonconforming status.

Livestock on lots under the allowed limitations are considered a preexisting, nonconforming use and are subject to the requirements of Article XIII, § 165-106.