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Chapter 12, Sec. 12-34 (B) Animals.
(1) That portion of any structure containing not more than three (3) stalls, a maximum of 12 feet by 12 feet, a tack room, and a feed room used for housing or feeding livestock shall be at least 40 feet from any other property under separate ownership, from any public road right-of-way or any existing structure. For each additional stall not to exceed 12 feet by 12 feet, an additional 10-foot setback shall be required to a maximum setback of 100 feet. This requirement shall not apply to nonresidential farm buildings or structures on farms used for an agricultural purpose on a plot larger than 5 acres in size. On any farm less than 5 acres in size, any farm building or structure on a portion of a plot occupied by a farm shall either be located not less than 50 feet from any lot line, or shall have a buffer consisting of
an opaque fence, hedge, or berm to a minimum height of 6 feet.
In the RR, AG, A-1, RO, O, CC, B-1, B-2, B-3, M-1, M-2, and M-3 Districts, permitted livestock is limited to a total of four (4) livestock on a minimum 35,000 square foot plot, including cattle, horses, sheep and goats. Ten (10) rabbits and/or twenty-five (25) poultry are permitted on a minimum thirty-five thousand (35,000) square foot plot, provided, however, that the poultry and rabbits are in a completely penned area. The number and types of animals shall not be restricted on farms used for an agricultural purpose in these districts, subject to the restrictions on the keeping or raising of pigs or hogs as set forth below in subparagraph (13).
(3) In the R-1 District, permitted livestock is limited to four (4) livestock on a minimum of 35,000 square foot plot, including cattle, horses, sheep, and goats, ten (10) rabbits and/or five (5) poultry; provided, that two (2) additional livestock may be kept for each 35,000 square feet in excess of the minimum required plot size and, further provided, that the poultry and rabbits are in a completely penned area. The number and types of animals shall not be restricted on farms used for an agricultural purpose in this district existing on the date this Ordinance is adopted by the Town Council. The transfer of ownership of any such existing farm or change of agricultural use shall not change its status from that of a farm, subject to the restrictions on the keeping or raising of pigs or hogs as set forth below in subparagraph (13).
(4) In the RR, AG, and A-1 Districts, cattle and dairy farms are permitted pursuant to a minimum parcel size requirement of 2 ½ acres. Pasture rentals permitted use in the RR, AG, and A-1 Districts, limited to a maximum of two (2) livestock on a minimum 35,000 square foot plot and subject to the maximum number of livestock permitted within the district. This limitation on the number of livestock shall not apply to farms used for an agricultural purpose in these districts.
(5) In the R-1 District, pasture rental is limited to a maximum of two (2) livestock on a minimum 35,000 square foot plot and is subject to the maximum number of livestock permitted within the district. This limitation on the number of livestock shall not apply to farms used for agricultural purpose in this district existing on the date this Ordinance is adopted by the Town Council. The transfer of ownership of any such existing farm or change of agricultural use shall not change its status from that of a farm.
(6) In the RR, AG, and A-1 Districts, retail sales shall be limited to agricultural products grown, kept, or raised on-site, and shall be limited to a maximum of 25 percent of the allowable building space on the site. This limitation on size of building space shall not apply to farms used for an agricultural purpose in these districts.
(7) In the RR, AG, and A-1 Districts, beekeeping is permitted on a minimum plot of 5 acres, provided the hives are to be located a minimum of 100 feet from all property lines.
(8) Aviaries, roofed hutches, dog-houses, and dog runs shall be a minimum of 40 feet from all property lines in the RR, AG, R-1, R-2, CC, RO, O, B-1, B-2, and B-3 Districts. Roofed hutches, dog-houses, and dog runs are not permitted within required setbacks in the R-3, R-4 or R-5, RM-5, RM-8, RM-10 Districts. Aviaries are not permitted in the R-3, R-4, or R-5 Districts.
(9) In the RR, AG, and A-1 Districts, an animal hospital and/or clinic facility may be permitted, subject to the following limitations:
(a) There shall be adequate soundproofing in any area where animals are contained or treated.
(b) There shall be no overnight boarding, except in conjunction with medical needs associated with animal hospitals or clinic activities. Exterior runs, cages, or exercise areas on a minimum parcel size of 3 acres may be permitted subject to the following limitations:
(1) Setbacks for exterior runs, cages, or exercise areas for all animals shall be at least 50 feet from all property lines.
(2) That the construction of exterior runs, cages, or exercise areas for small animals, such as dogs and cats, incorporate concrete block walls to minimize noise and other disturbances to adjoining properties. Exterior exercise areas for large animals, such as horses and cattle shall be enclosed by a fence, a minimum of 5 feet in height.
(3) That the property provides a landscape buffer pursuant to Section 12-107(D)(3) of this chapter.
(c) Kennel facilities as an ancillary use of the animal hospital or clinic facility may be permitted subject to the limitations contained in subsection (11) below.
(10) In the RR, AG, and A-1 Districts, animal kennel facilities may be permitted, subject to the following limitations:
There shall be adequate soundproofing in any area where animals are contained or treated.
There shall be a minimum parcel size of 3 acres.
All activities shall be conducted indoors, except that exterior runs, cages or exercise areas may be permitted pursuant to a special permit issued in accordance with Article X; and provided that a site plan submitted with the special permit request reflects the following:
Setbacks for exterior runs, cages or exercise areas of at least 50 feet from all property lines.
That the construction of exterior runs, cages or exercise areas incorporate concrete block walls to minimize noise and other disturbances to adjoining properties.
That the property provides a landscape buffer pursuant to Section 12-107(D)(3) of this chapter.
(11) Agricultural uses, such as cultivation of crops, groves, thoroughbred and pleasure horses, cattle ranches, are permitted in the CC, B-1, B-2, B-3, M-1, M-2, M-3 and RO Districts, provided the land is free of commercial or industrial structures, and such agricultural uses are discontinued upon conversion of the property to an urban use by the property owner or with the property owner’s consent or acquiescence.
(12) Hobby Farm:
(a) Intent. The intent of this section is to safeguard the rights of placeCityDavie residents to continue to conduct limited agricultural activities within "semi-rural residential neighborhoods" within the town and provide protections under the Code for those residents conducting limited agricultural activities as defined within this section and section 12-503.
(b) Hobby farm locations. Hobby farms are permitted in any residential neighborhood within the town, where limited agricultural activities are not prohibited by the Davie Town Code at the time of the adoption of Ordinance No. 2003-044.
(c) Nuisance provisions. No maintenance of a "hobby farm" as defined within this section shall be deemed to be a nuisance if said activities were not a nuisance at the time of the adoption of Ordinance No. 2003-044 and the agricultural activities conducted on the property conform to Central Broward Water Management Board Best Management practices for that type of agricultural activity.
No limited agricultural activities conducted in the maintenance of a "hobby farm" shall be deemed to be a public or private nuisance due to a change in the type of limited agricultural activity being conducted, a change in conditions in or around the locality of the semi-rural area or a change in the ownership of the property on which the "hobby farm" is situated.
(d) Nonconforming status. In the event of future land use amendments or zoning changes to the contrary, any land use amendments or zoning changes to the contrary, any limited agricultural activity in a semi-rural area previously existing or commenced Ordinance No. 2003-044 shall become a legal nonconforming use, notwithstanding any change in ownership or change in the type of limited agricultural activity being conducted on the property.
(13) It is presumed that the raising, breeding, or keeping of swine of any type, except for one (1) potbellied Vietnamese pig shall be a nuisance and shall not be allowed and shall be prohibited in all zoning districts.
Raising of horses, cattle, goats, sheep, poultry, and rabbits is not permitted in any residential zoning district, except for RR, AG, A-1, and R-1, except as provided in Chapter 12, Article III, Division 5, Nonconforming Uses and Structures of this code for nonconforming uses on farms existing on the date this ordinance is adopted by the Town Council.
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