The purpose of this article is to provide allowances, prohibitions, limitations and standards for the keeping and raising of livestock. It is the intent of this article to encourage the use and protection of lands in more rural areas of the city for animal husbandry purposes, maintain and enhance the city's rural lifestyle, encourage household self-sufficiency, promote the benefits of animal husbandry, minimize potential adverse effects on adjoining property from the keeping and raising of livestock to neighboring residents and to educate youth as to the enjoyment and responsibilities of raising and caring for livestock. The allowances, prohibitions, limitations and standards set forth in this article shall not apply to youth raising or caring for livestock for purposes of participation in a related educational program, such as 4-H (Head, Heart, Hands and Health Club/Program). However, 4-H livestock shall not be kept in any manner so as to cause offense to neighboring residents regarding noise, odor, dust, drainage/run-off, etc. Complaints about such may be subject to the City of Lewiston requiring corrective action to be taken to abate any such offense, up to and including requiring the removal of the livestock from the subject property.

The City of Lewiston recognizes and supports the right to keep and raise livestock in keeping with the requirements established herein by right in the agricultural transitional zone (F-2 zone) and the suburban residential zone (R-1 zone), and with a conditional use permit in the low density residential zone (R-2A zone); however, the keeping of poultry shall also be allowed by right, subject to the standards specified herein, on any single-family or duplex residential lot, except in the central business district, as defined in section 37-145 of this Code. The City of Lewiston has determined that inconveniences or discomforts with the keeping of livestock shall not be considered a nuisance if operations are consistent with accepted customs and standards and the code sections set forth in this article.

(Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4645, § 1, 10-26-15)

Any term used but undefined in this article shall be defined as per common definition of the English dictionary.

Animal means livestock, as defined herein.

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 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.

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. Sucklings, or livestock which are born from animals already on a property and less than three (3) months old, shall not be counted toward the allowable number of livestock on any given property.

Livestock area means pasture, corrals, dry lots, feedlots and other property including buildings and structures, available to and used by the livestock.

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.

Poultry means a gallinaceous (gallus domesticus) bird of the phasianidae family, excluding those younger than twelve (12) weeks. Pigeons, quail, partridges, squab, pheasants, doves, grouse, including the male gender thereof, shall also qualify as poultry for purposes of this chapter. Female/hen chickens shall also qualify as poultry; however, male chickens/roosters and any peafowl, guineafowl, turkey or waterfowl shall be excluded from this definition.

Stall means a compartment for one (1) animal in a stable or barn.

(Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4581 § 2, 8-13-12; Ord. No. 4587, § 2, 8-27-12)

Maximum allowable numbers of animals shall be as set forth below:

(1)

Horse and cattle. One (1) head for the first one-half (½) acre of livestock area and one (1) head for each additional one-third (⅓) acre of livestock area (not including sucklings).

(2)

Llamas. Two (2) for the first one-half (½) acre of livestock area and four (4) for each additional acre of livestock area.

(3)

Sheep, goats, alpacas, ostriches and emus. Five (5) for the first one-half (½) acre of livestock area and ten (10) for each additional acre of livestock area. The keeping of uncastrated male goats is not permitted.

(4)

Poultry. The maximum number of poultry on a lot in the F-2 zone shall be limited to one (1) for each one thousand (1,000) square feet of lot area. The maximum number of poultry on a lot in the R-1 zone shall be limited to one (1) for each one thousand (1,000) square feet of lot area to a maximum of twenty-five (25). The maximum number of poultry on a lot in any other zoning district that allows a single-family residential use or on which a nonconforming single-family dwelling exists, except the central commercial (C-5) Zone, shall be limited to one (1) for each one thousand (1,000) square feet of lot area to a maximum of twelve (12). The keeping of poultry shall not be permitted in the central business district, as defined in section 37-145 of this Code. The number of poultry younger than six (6) months on a property at any given time shall not count against the total number of poultry allowed and shall not exceed two (2) or one-half (½) the allowable number of poultry older than six (6) months, whichever is greater.

a.

Poultry shall have their wings clipped and be contained on their owner's property and be provided both indoor coops and outdoor run areas which consist of a minimum of three (3) square feet of floor area per bird for the coop and a minimum of nine (9) square feet of outdoor ground area per bird for the run. Required floor area for a coop shall include the ground level and any level above the ground located at least eighteen (18) inches above the ground level and for which there is a resting platform or perch provided and where such platform or perch has at least eighteen (18) inches of overhead clearance and is designed to allow a minimum of twelve (12) inches in width to accommodate the resting or roosting of a bird.

b.

Coops and runs shall not displace or infringe upon any off-street parking or vehicle maneuvering area which may be required by this Code for the primary use of the property.

c.

Coops shall be constructed of rigid, sturdy materials and have walls on a minimum of three (3) sides. The use of tarps, nonrigid plastic sheeting, canvas, or similar materials shall not be permitted.

d.

Coops shall be located to the side of or behind an on-site residence, not closer than three (3) feet to any property line and not closer than ten (10) feet to any existing, neighboring residence, including any attached garage and any adjoining deck or patio; any existing, neighboring gazebo, swimming pool or hot tub, unless the adjacent property owner gives written consent otherwise.

e.

Runs shall be enclosed by a six-foot tall minimum fence.

f.

Runs may be located anywhere relative to any on-site residence and may include any unpaved and uncovered part of the owner's yard, but shall not be closer than ten (10) feet to any existing, neighboring residence, including any attached garage and any adjoining deck or patio; any existing, neighboring gazebo, swimming pool or hot tub, unless the adjacent property owner gives written consent otherwise.

g.

Coops and runs shall be constructed and maintained so as to prevent the poultry from escape.

h.

Ground surface of run areas shall be dirt, grass, straw, and/or other appropriate surface type conducive to the habits and health of poultry and shall be maintained to prevent intrusion of soil erosion and dust onto neighboring properties.

i.

Coops and runs shall be constructed and maintained so as not to allow stormwater or other drainage onto neighboring property, including public rights-of-way and drainage ways.

j.

The keeping of chickens shall require the resident owner of the property to sign, date, and submit to the community development department a form prepared by the community development department whereby the resident acknowledges having read the requirements for the keeping of poultry and stating that he/she will comply with said requirements. If the property owner is not a resident of the property, then both the property owner and the resident shall sign and date the form. The form shall be accompanied by a site plan that identifies, in addition to other typical site plan information, the locations of the proposed poultry coop and outdoor run area. The locations of the coop and the outdoor run area shall be shown to meet the distance/separation requirements listed in subsections (4)(d) and (f) of this section.

(5)

The keeping of swine, geese or male chickens, i.e., roosters, is prohibited.

(6)

The standards for the allowable numbers of livestock as specified above may be exceeded for a three-month period for a suckling when it is slow to mature to market weight and needs to be kept with its mother.

(7)

The allowable number of livestock and the related standards contained herein shall also apply where the keeping of livestock is related to a commercial agricultural operation, unless otherwise authorized by conditional use permit.

(8)

Where more than one (1) type of livestock is kept on a property and the different types of livestock have different required space or area requirements, the amount of area provided shall be equal to or greater than the minimum areas required by this article for the cumulative amount of areas for each type of livestock. Livestock shall be allowed to co-mingle; provided, that maintenance standards are complied with and that it does not result in any nuisance to neighbors.

(Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4645, § 2, 10-26-15)

(a)

Drainage. Positive drainage shall be maintained in all livestock and manure storage areas to prevent introduction of moisture into areas with manure. Stormwater runoff from any livestock area shall not be allowed onto any neighboring property, including public rights-of-way and drainage ways.

(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)

Feed storage. Storage of feed for poultry shall be such that the feed is protected from rot and does not attract rodents and other vermin for which the feed is not intended.

(e)

Manure clean up.

(1)

Stalls, coops, corrals, runs and structures which hold or shelter livestock shall be cleaned at least twice per week such that they provide a healthy living area for the livestock and do not cause offensive odors or insect nuisance to neighbors.

(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 shall be cleaned once per month, unless manure becomes offensive to a neighbor, in which case pastures shall be cleaned of manure with such frequency as to not be offensive to a neighbor.

(f)

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 (½) acre for each two (2) cows or horses being confined on the property. Manure may not be tilled into the soil within twenty-five (25) feet of a category B drainage, one hundred (100) feet of a municipal well, or in areas known to have high water table.

(g)

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 than 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 of longer than forty-five (45) days during the months of March through October, and sixty (60) days from November through February, weather permitting.

(h)

Disposal of material. The materials cleaned from stalls, pasture areas, coops, runs, etc., shall be removed from the property, unless composted or re-used and located on site in such a manner as not to cause any nuisance to neighbors, in terms of odor, drainage, or insect attraction.

(i)

Nuisance. Animals shall be kept in such a manner as to not constitute a nuisance to neighbors, in terms of noise, odor, animal trespass, attraction of insects, etc.

(Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4645, § 3, 10-26-15)

(a)

The keeping of a type of livestock not explicitly governed herein may be permitted by conditional use permit, subject to keeping with the intents, purposes and maintenance standards set forth in this article.

(b)

Approval of any conditional use permit application governed by this article shall be presumed to allow the keeping of any/all types of livestock permitted under this article, subject to the limitations and standards herein, unless otherwise specified as a condition of approval of the conditional use permit.

(c)

Approval of any conditional use permit application governed by this article shall be presumed to run with the land and carry over from one (1) property owner to the next, unless otherwise specified as a condition of approval of the conditional use permit.

(d)

Any change to the type of livestock or any increase in the number of livestock or any change to any other aspect of the keeping of livestock that is a condition of approval of a conditional use permit shall be subject to approval of a new conditional use permit, unless the original permit did not limit numbers and/or types of livestock allowed or any other aspect of the keeping of livestock.

(Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4682, § 1, 1-9-17)

(a)

Owners of property who have had and continue to have livestock in the R-1 zone or F-2 zone where such use does not comply with the regulations of this article but which did comply with the regulations prior to the 2012 modification to this article may continue such keeping of livestock, provided no changes are made which put the situation further out of compliance with the regulations or intents and purposes of this article.

(b)

Owners of property having livestock or having types and/or numbers of livestock in the R-2A zone which do not comply with the regulations of this article and which were not approved by conditional use permit prior to the 2012 modification to this article or explicitly documented by the community development department as grandfathered prior to the 2012 modification to this article shall, within thirty (30) days upon written notification by the community development department, apply for either grandfathered animal rights or a conditional use permit for the keeping of such livestock or bring the situation into compliance with the current provisions of this article. The approval of grandfathered animal rights or conditional use permit shall be necessary for the property owner to continue the keeping of such livestock.

(c)

Grandfathered animal rights may be granted by the community development director, or designee, for properties for which the owner demonstrates that the property has been consistently used for the keeping of livestock for a minimum of five (5) consecutive years from present. For owners of property where livestock have been kept for less than five (5) years but a minimum of six (6) months, the continuation of their keeping of livestock shall only be allowed by approval of a conditional use permit.

(d)

Application for and granting of grandfathered animal rights must be specific and limited to a certain number and type of livestock. The granting of grandfathered animal rights shall run with the land and be transferable to future owners of the property, unless the keeping of livestock ceases for any period in excess of two (2) consecutive years.

(e)

In order to determine that grandfathered animal rights exist, the community development director, or designee, shall first determine that the situation is consistent with the intents and purposes of this article. Applicants for grandfathered animal rights may make changes to the types of livestock, the numbers of livestock or the standards or conditions under which they keep their livestock in order to bring their situation into or toward compliance with the current provisions of this article in order for the community development director or designee to make the finding that the situation is consistent with the intents and purposes of this article and to grant grandfathered animal rights. No change shall be made to a grandfathered animal rights situation whereby such change causes or increases a nuisance to a neighbor. If the finding is made that the situation pertaining to a grandfathered animal rights request is not consistent with the intents and purposes of this article, animal rights shall only be allowed if approved by conditional use permit.

Following

any determination of grandfathered animal rights the community development director or designee shall cause owners of properties directly abutting the subject property to be notified in writing of the determination and that they may appeal such determination in writing subject to the applicable fee, adopted by resolution of the city council for appeals, within fifteen (15) days of the date on the notice. Receipt by the community development director, or designee, of any appeal shall require the person(s) requesting the grandfathered animal rights to file a conditional use permit application for animal rights. Approval of the conditional use permit application, pursuant to the procedures set forth in article IX of this chapter, shall then be required in order for animal rights to be allowed.

(f)

For properties with grandfathered animal rights, any change to the allowable type of livestock, any increase in the number of livestock or any change to any other aspect of the keeping of livestock which might cause a nuisance to neighbors, such as decreasing the livestock area or poultry area, or relocating the livestock on the property closer to a neighboring home, shall be subject to approval of a change to the grandfathered animal rights per the grandfathered animal rights approval process specified above or be approved by conditional use permit.

(g)

Grandfathered animal rights shall automatically become null and void if not used for any period exceeding two (2) consecutive years.

(Ord. No. 4580, § 2, 8-13-12)