Loading...
Ord 897 Chapter 102 Amendments TOWN OF WESTLAKE ORDINANCE NO. 897 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 102 ZONING, ARTICLE III, PERMISSIBLE USES. DIVISION 1, GENERALLY, SECTION 102-66; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a Type A General Law municipality; and WHEREAS, Chapter 102 Zoning, Article III, Permissible Uses, Division 1, Generally, Section 102-66 provides certain regulations for the keeping farm animals and provides for a Specific Use Permit requirement for the keeping of farm animals and for reductions in the minimum area requirements for certain grazing animals; and WHEREAS, the Town of Westlake seeks to balance sensible regulations for farm animals in the Town through said amendments while minimizing any potential animal related nuisances; and, WHEREAS, upon the recommendation of staff to amend Chapter 102 Zoning, Article III, Permissible Uses, Division 1, Generally, Section 102-66, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 102 Zoning, Article III, Permissible Uses, Division 1, Generally, Section 102-66 of the Town of Westlake Code of Ordinances, as amended, is hereby amended in its entirety as follows: Sec. 102-66. - Farm animals and grazing animals. (a) Specific use permit. For any residentially zoned property that contains a zoning classification that allows for lots of less than two acres in size, a SUP is required for farm animals. This includes chickens and swine, but excludes grazing animals unless a reduction in the land area required in section 14-40 for grazing farm animals is requested. Any residentially zoned lot that exceeds two acres in size is hereby exempt from the SUP requirement. The town shall not grant a SUP for any farm or grazing animal(s) unless Ordinance 897 Page 1 of 3 the town finds that the presence of such animal(s) will not injure the use and enjoyment of neighboring properties, including the impact of dust, flies and odor. (b) General conditions. Notwithstanding the conditions in subsection (a) of this section, any residentially zoned property that contains a farm animal(s) shall adhere to the following provisions: (1) Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way pose a health hazard or nuisance to humans and animal(s); (2) Farm animals shall be contained in within a fenced area or pens, corrals or similar enclosures, and shall be of sufficient height and strength to properly retain the animal(s); and (3) All enclosures for any farm animal(s) shall be placed a minimum of 25 feet from the boundary of any adjoining lot or tract which is zoned for residential use, and shall be screened from view from any adjacent property including all streets, sidewalks, and/or trails, public or private. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 897 Page 2 of 3 SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 28th DAY OF OCTOBER 2019 ATTEST: �,/� [ , �l�P� Laura Wheat, Mayor Kellj Edwa s, Town Secretary OF WFS APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney 71,9�XAS Ordinance 897 Page 3 of 3 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield New- Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION I Account» Ad Number 11 Identification 603646 0004440572 TOWN OF WESTLAKEORDINANCE NO. 897 A PO Amount Cola Death ORDINANCE NO. 897 I Si 048.20 1 30.00 Li Attention: Kelly Edwards THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1500 SOLANA BLVD 7TH FLR BULD 7200 Before me, a Notary Public in and for ROANOKE. TX 76262 said County and State,this day personally appeared VICTORIA TOWN OF WESTLAKE RODELA, Bid and Legal Coordinator ORDINANCE NO. 897 AN ORDINANCE OF THE TOWN OF ----- I W for the Star-Telegram,published by WESTLAKE AMENDING CHAP- TOWN OF WESTLAKE TER 102 ZONING, ARTICLE III, ORDINANCE NO. 897 the Star-Telegram, Inc. at Fort Worth, PERMISSIBLE USES. DIVISION AN ORDINANCE OF THE TOWN OF in Tarrant County,Texas;and who. 1, GENERALLY, SECTION 102- WESTLAKE AMENDING CHAP- 66; PROVIDING A PENALTY TER 102 ZONING, ARTICLE III, after being duly sworn, did depose CLAUSE;CLAUSE; PROVIDING G A CUMU PERMISSIBLE USES. DIVISION SATIRE CLAUSE;LD ; PRO- 1, GENERALLY, SECTION 102- and say that the attached clipping of SEVERABILITY CLAUSE;VIDING A SAVINGS CLAUSE; 66; PROVIDING A PENALTY AUTHORIZING PUBLICATION; CLAUSE; PROVIDING A CUMU- an advertisement was published in AND ESTABLISHING That SEVERABILITY CLAUSE; PRO- the above named paper on the listed TIVE DATE. SECTIONN 4:: That LATIVE CLAUSE; PROVIDING A any person violating any provi- VIDING A SAVINGS CLAUSE; dates: sion of this Chapter may be is- AUTHORIZING PUBLICATION; sued a citation and upon convic- AND ESTABLISHING AN EFFEC- tion thereof,the person shall be TIVE DATE. SECTION 4: That deemed guilty of a misdemeanor any person violating any provi- and punished as provided in sub- sion of this Chapter may be is- section 1-9 of the Code of Ordi- sued a citation and upon convic- nance of the Town of Westlake. tion thereof,the person shall be 2 Insertion(s) Each 24-hour period of violation, deemed guilty of a misdemeanor and each separate act or condi- and punished as provided in sub- tion in violation of this Chapter, section 1-9 of the Code of Ordi- Published On: shall constitute a separate of- nance of the Town of Westlake. October 30,2019.October 31.2019 fense. PASSED AND AP- Each 24-hour period of violation, PROVED ON THIS 28TH DAY OF and each separate act or condi-. OCTOBER 2019. tion in violation of this Chapter, shall constitute a separate of- i fense. PASSEPROVED ON THIS D 8 HND DAYAOF , OCTOBER 2019. K.PA-3 Cig..-6-L---7 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 31st day of 0 ober in the year of 2019 No Public- ':1 '''' AMANDA DAWN GRISHAM 4'" ' ` #- My Notary ID#132031326 --1.'...;..+; Expires May 30,2023 OF __ E ra c arge for lost or duplicate affidavits. Legal document please do not destroyl