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5/16/2014 Description: (Chicken Law) -Raising and Keeping Fowl in R districts where lot is

at least 40,000 SF

Draft #3.1 - INTRO 2013-3

Stage: prepared for 5/20/14 meeting to be voted to advertise hearing; CHANGE FROM DRAFT3.0: conforming provision added to Animal Code.

INTRO # 2013-3

A LOCAL LAW to amend the Zoning Code of the

Town of Yorktown, Chapter 300 of the Town

Code, concerning the keeping of fowl on residential

lots of at least 40,000 SF in area, and to make a

conforming change to the Animal Code of the

Town of Yorktown, Chapter 115.

Be it enacted by the town board of the town of

Yorktown as follows:

Section I.  Statement of Authority.

This local law is authorized by the New York State Constitution, the provisions of the New York

Municipal Home Rule Law, the relevant provisions of the Town Law of the State of New York,

the laws of the Town of Yorktown and the general police power vested with the Town of

Yorktown to promote the health, safety and welfare of all residents and property owners in theTown.

Section I.  In Article II of Chapter 300 of the Town Code, entitled “Definitions,” Section300-3, is amended by the addition of the following term and definition:

FOWL. Chickens; ducks.

Section II.  Section 300-21C(1)(d)[3] of the Zoning Code is amended to read as follows:

[3] Coops for the keeping of fowl, private stables, and dog kennels.

Section II.  A new section 300-81.3 is added to Article VII (Permitted Special Uses) in Chapter 300, to

read as follows:

300-81.3 Coops and attached runs for fowl.

(1)  A coop for housing live fowl shall be permitted only as an accessory use to a

 permitted principal residential use and shall be located on the same site therewith.

(2)   No coop shall be located on a lot having less forty thousand square feet in area.

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(3)  A coop shall be situated completely in a side or rear yard, at least 30 feet from

each property line and at least 50 feet from any existing residence other than the

residence located on the lot. Abutting lots with common beneficial ownershipshall be considered a single lot.

(4)  A special use permit issued by the Zoning Board under this section:

a.  shall require all feed to be kept in rodent-proof containers;

 b.  shall prohibit mature cockerels (roosters);

c.  may permit an outside run when attached to the coop;

d.  shall require that the coop and any attached run be screened from

view at ground level from adjacent lots by using fencing,

landscaping, or a combination thereof; and

e.  shall require that fowl must be maintained in compliance with all

state and local laws pertaining to animals generally.

Section III.  Article IV (“Waterfowl”) of Chapter 115 of the Town Code (“Animals”), isamended by the addition of a new a new subsection C to Section 115-26, to read

as follows:

C. This article is not intended to apply to ducks kept on residential

 property pursuant to a special permit issued under the Zoning Code,

 provided, however, that such ducks are at all times securely confined inappropriate cages, pens or enclosures.

Section IV.  Severability.

If any clause, sentence, phrase, paragraph or any part of this local law shall for any reason beadjudicated finally by a court of competent jurisdiction to be invalid, such judgment shall not

affect, impair or invalidate the remainder of this local law, but shall be confined in its operation

and effect to the clause, sentence, phrase, paragraph or part thereof, directly involved in thecontroversy or action in which such judgment shall have been rendered. It is hereby declared to

 be the legislative intent that the remainder of this local law would have been adopted had any

such provisions been excluded.

Section V.  Repeal 

All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed.

Section VI.  Effective Date.

This local law shall become effective upon filing in the office of the Secretary of State in

accordance with the provisions of the Municipal Home Rule Law.