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21-2204 Amending Chapter 14 and 38 to Create Exceptions Relating to County Estates Zoning Category ORDINANCE NO. 21-2204 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, CITY CODE CHAPTER 14 ANIMALS AND CHAPTER 38 ENVIRONMENT, TO CREATE EXCEPTIONS RELATING TO THE "COUNTRY ESTATES" ZONING CATEGORY; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Longwood finds that it is in the best interest of and for the health, safety, and welfare of the citizens of the City to establish standards to allow the keeping of horses within the City limits of the City of Longwood consistent with historic development patterns in areas adjacent to the City; WHEREAS, City Code Chapter 14 Animals and Chapter 38 Environment should be amended to facilitate the keeping of horses within the City limits. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA,AS FOLLOWS: SECTION 1. The Longwood City Code shall be Amended as follows (Words that are&trickcn out are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): Chapter 14-ANIMALS Sec. 14-4. - Prohibited animals. (a) Specific animals. It shall be unlawful to keep, maintain or raise in the city the following animals: (1) Cows, all species; sheep, all species; goats, all species; all other hoofed animals, except horses as allowed on properties in the Country Estates zoning category, and livestock. (2) Animals, such as, but not limited to, chickens, roosters, turkeys, peacocks, geese and ducks, other poultry, excluding chickens that are allowable pursuant to a backyard chicken permit in section 14-5. (3) Any dangerous animal or reptile. (4) Venomous reptiles. (5) Public nuisance animals. (b) Exceptions. Subsection (a) of this section is not intended to apply and it is an exception to those provisions regarding the keeping of prohibited animals if the prohibited animals are trained guard animals or trained law enforcement animals and are maintained by a law Ordinance No.21-2204 Page 1 of 4 enforcement agency and used exclusively by the law enforcement agency in fulfilling its duties. (c) Number of animals. It shall be unlawful to keep, maintain, husband, or raise in the city more than a total of five animals, including dogs, cats, hamsters, gerbils, ferrets, mice, guinea pigs, nonvicious and nonvenomous reptiles, parrots and other birds and rabbits, on one parcel of land of one acre or less. (1) For parcels of land larger than one acre, the number of animals permitted shall increase by one animal for each one-fifth acre over one acre until the parcel reaches two acres in size. Parcels of land two acres or greater shall be permitted to have up to ten animals, but no more than ten such animals shall be permitted in areas with a residential land use. Horses are allowed in the County Estates zoning pursuant to the standards of LDC 5.4.21. (2) This restriction of the number of animals shall not apply if the number is exceeded due to birth of animals and the violation of this section is temporary in nature and does not extend past 16 weeks after the birth of such animals. (3) This restriction shall not apply to chickens subject to a permit authorized under section 14-5. Sec. 14-5. Backyard chickens. (a) Applicability. The standards of section 14-6, backyard chickens, applies to all single family properties. Regardless of the underlying future land use district, chickens shall not be kept on properties developed with commercial uses (except where the commercial use is related to horse riding/boarding in the Country Estates zoning), mobile home/manufactured home parks, duplexes, triplexes, and apartments or other multifamily properties. Sec. 38-32. Illustrative enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: (1) Noxious growth and other rank vegetation to a height of ten inches or more upon any premises or land within the city, regardless of whether such premises or land are occupied or unoccupied, which has ever, at any previous time, been cleared of weeds, grass, vines, palmetto scrub or other rank or noxious vegetable growth which may have previously grown or accumulated to a height of ten inches or more. Nothing in this provision shall be construed to require the removal of vegetable growth from virgin land which has not previously been cleared of such weeds, grass, vines, palmetto scrub or other rank or noxious vegetable growth Ordinance No.21-2204 Page 2 of 4 which may have previously grown or accumulated to a height of ten inches or more; (2) Accumulation of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat or other animal matter or waste; fruit, vegetables, offal, bricks, concrete, scrap lumber or other building debris or other refuse of any nature; (3) Any condition which provides harborage for rats, mice, snakes and other vermin; (4) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located; (5) All unnecessary or unauthorized noises and annoying vibrations, including animal noises; (6) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches; (7) The carcasses of animals or fowl not disposed of within a reasonable time after death; (8) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial or animal wastes or other substances; (9) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained; (10)Any accumulation of stagnant water permitted or maintained on any lot-er piece of ground; (11)Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities; (12)Neglect or failure to keep in a state of good repair any sidewalk, footway or foot pavement situated upon any public lands lying immediately adjacent to the abutting private property by the party owning, occupying or having the custody of such abutting premises. SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. SECTION 3: CODIFICATION. Section 1 of this Ordinance shall be codified; and any sections, subsection, paragraph, or subparagraph may be renumbered or re-lettered as appropriate and to accomplish the intent of this Ordinance. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance and the City Code may be freely made. Ordinance No.21-2204 Page 3of4 SECTION 4: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if any section, paragraph, sentence or word of this Ordinance or the application thereto any person or circumstance is held invalid, that invalidity shall not affect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect upon its adoption provided that Ordinance 21-2202 creating the Country Estates (CE) zoning district is adopted. FIRST READING: July 19, 2021 SECOND READING AND ADOPTION: August 2, 2021 PASSED AND ADOPTED THIS 2"d DAY OF August, 2021 BRIAN D.SAC , AYOR ATTEST: MICHELLE LONGO, CMC, FCRM, CITY CLERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. DANIEL W. LAN E , CITIYA RNEY Ordinance No.21-2204 Page 4 of 4