DISCLAIMER

 

FINANCE COMMITTEE


08-020-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTION 50-55.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO KEEPING CHICKENS IN CITY.

BY COUNCILORS GILBERT AND GARDNER:

The city of Duluth does ordain:

     Section 1. That Section 50-55.1 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 50-55.1.    Permitted uses.

     A building or premises in the S-2 suburban residential district shall be used only for the following purposes:

     (a)  One-family dwelling;

     (b)  Agricultural uses primarily for home consumption, such as domestic gardening, berry or bush crops, tree crops, flower gardening, nurseries, orchards, keeping chickens, except roosters, in a suitable coop for domestic use and consumption on the premises only, aviaries and apiaries, including a greenhouse, but not including a salesroom or roadside stand;

     (c)  Publicly owned or operated forest reserve, park, playground or community building, museum, library or art gallery; provided, that any such building shall be located not less than 25 feet from any side lot line;

     (d)  Church or other place of worship or Sunday school; provided, that any such building shall be located not less than 25 feet from any side lot line;

     (e)  Public school, elementary and high, university, college, parochial school or private school having a curriculum similar to that ordinarily given in public schools; provided, that any such building shall be located not less than 40 feet from any side or rear lot line; and provided further, that there shall be no rooms regularly used for housing or sleeping purposes, except staff quarters when located on the premises for the school;

     (f)  Golf club grounds with an area of not less than 30 acres. A miniature course or practice driving tee operated for commercial purposes is not permitted;

     (g)  Home occupation;

     (h)  Subject to the provisions of Section 50-24, accessory building or use, including a private garage customarily incident to the above uses, but not involving the conduct of a business; provided, that any such accessory building erected prior to the construction of the principal building shall comply with the following conditions:

           (1)  That the construction of the principal building shall be completed and the certificate of occupancy for such principal use issued within two years of issuance of the building permit for the accessory use;

           (2)  That prior to issuance of a building permit for such accessory use, a building demolition bond approved by the city attorney and in an amount sufficient to demolish such accessory structure be filed with the building official;

           (3)  That the owner execute a license, in a form approved by the city attorney, authorizing the city to enter upon the real property for the purpose of demolishing such accessory structure in the event a principal structure is not completed as required by this Section;
    
(i)  Residential boat dockage under the following conditions:

           (1)  General provisions:

                 (A)  Dockage of boats owned and primarily used by a resident of the property in question is a permitted accessory use to the primary residential use and shall not be limited in number;

                (B)  The rental or use of boat dockage spaces on property on which there is a residential structure by owner of boats not residing on the property in question is a permitted accessory use to the primary residential use, but only if such rental or use is limited to two boats, for every residence having frontage on an improved street;

                 (C)  The boat dockage use of a property that is not residentially developed is permitted as a principal use provided that:

                       1.   The use is limited to one boat for each lot or group of contiguous lots in the same ownership; and

                       2.   The boat is owned and primarily used by the owner of the property;

           (2)  Off street parking. For each new rental boat dock space created or made legal after April 14, 1974, one off street parking space shall be provided in addition to all other off street parking spaces required by other legal uses of the property, such spaces to be constructed in accordance with Article III (off street parking and loading requirements) of this Code [Chapter];

           (3)  Proof of adherence to Code. At the request of the city building inspector or zoning inspector, the owner of property shall promptly provide boat registration or other documentary evidence to prove adherence to this Code;

           (4)  Commercial use prohibitions. No buildings other than residential or residential accessory structures, no winter storage of boats other than those owned by a resident of the property in question, no repair facilities, fuel sales, food or refreshment sales, rentals of boats, boat or parts sales or displays, and other commercial uses shall be permitted;

     (j)  One wind energy conversion system shall be permitted as an accessory use, provided that the tower shall be set back from all property lines a distance equal to or greater than the tower height as measured from the base of the tower, but in no case shall tower height exceed 130 feet;

     (k)  Bed and breakfast inn containing no more than 12 habitable units, provided a special use permit is secured according to the procedures set forth in Article IV.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.


COUNCIL REQ/ATTORNEY


STATEMENT OF PURPOSE:  This ordinance allows the keeping of chickens for domestic use within the city of Duluth.