10-8-10 LIVESTOCK HUSBANDRY

C. Permitted Livestock: Table 10-8-11 of this subsection identifies the maximum number of livestock permitted in the Residential (R) Zone. Livestock is not permitted in the Commercial (C) or Manufacturing (M) Zones. Restrictions identified in this section do not apply to livestock in the Agriculture (A) Zone. TABLE 10-8-11 MAXIMUM NUMBER OF LIVESTOCK PERMITTED Lot Size R Zone 0 - 0.49 acre 6 fowl or rabbits or combination thereof 0.50 - 0.99 acre8 fowl or rabbits or combination thereof, and; 2 large livestock1 1+ acre10 fowl or rabbits or combination thereof, and; 2 large livestock1 Note: 1. Any combination of horses, cows, sheep, or goats. D. Prohibited: The keeping of the following is prohibited in the R Zone: swine, peacocks, stallions, bulls over six (6) months old, roosters, rodents, snakes, or other animals considered vicious or dangerous as restricted by the Town or State’s animal control ordinance. E. Open Space: For large livestock (i.e., horses, cows, sheep, or goats) a minimum of twenty five percent (25%) of the lot acreage must be provided as accessible open space for said livestock. F. Offspring: Offspring of allowed livestock shall not be considered for purposes of compliance until they are weaned from the mother. G. Application And Approval Required: 1. In the Single Family Residential (R) Zone, an "Application to Keep Livestock" is required for any requests to keep livestock on a parcel that conforms to the requirements of this Code, or to maintain livestock as an authorized pre-existing, nonconforming use. 2. An Application to Keep Livestock must be reviewed by the Town of Cornish Planning Commission and if approved, authorizes the applicant to keep livestock until January 31 of the following calendar year. At their discretion, the Planning Commission may refer any Application to Keep Livestock to the Town Council. 3. Each approved application must be renewed on an annual basis, and must be signed by the property owner and tenant as applicable, and filed with the Town Zoning Administrator on or before December 31 of each year. 4. The required fee, as set by the Town Council, must be paid at the time of application and on an annual basis for each renewal. 5. The property owner and tenant, as applicable, must demonstrate ownership of, or leasehold interest in, the property to be used for the keeping of livestock. 6. Lots authorized by the Town as pre-existing, non-conforming uses are subject to the regulations herein defined if an approved Application to Keep Livestock is not obtained and continuously maintained for any such lot. H. Provision And Inspection Of Livestock Facilities: 1. The property owner and tenant, as applicable, must provide adequate fencing so as to fence in any livestock, must provide adequate facilities for the keeping of the livestock involved, e.g., a shed, corral, barn, and must adequately maintain all facilities in a clean, acceptable condition. 2. Any feed stored on a lot approved for livestock must be located behind or to the rear of the residence located on said lot. 3. All approved requests are subject to periodic review by Town officials and shall be reviewed in the event of complaints by neighbors, other Town residents, or injured parties. I. Failure To Comply: 1. In the event the use fails to comply with this Code or with the conditions specified in the conditional use permit, or a combination thereof, the offending lot owner and tenant, as applicable, shall have fifteen (15) days from the date of a written notice from the Town to remedy the violation. 2. Failure to remedy the violation as specified by this section and by the Town issued written notice shall result in a three (3) year suspension from issuance of an Application to Keep Livestock to the non-compliant property owner and tenant, as applicable, starting from the date of the written notice. 3. The annual renewal for approved requests shall not be issued if the requirements of this section, including but not limited to the proper care and maintenance of the livestock and livestock facilities, have not been met. 4. The owner(s) of any lot reduced in size, by sale, lease or otherwise, to less than the lot size required by this section, and the lot size designated in an approved conditional use permit, or Application to Keep Livestock, must notify the Town and then must reapply to amend the conditional use permit and Application to Keep Livestock with the Town, within thirty (30) days after such a reduction in lot size, and shall reduce the number of animals kept on the reduced size lot to the number allowed by this Code, based on the new application request. 5. If after thirty (30) days the property owner fails to notify and reapply as noted, the conditional use permit and Application to Keep Livestock shall be void and all animals shall be removed immediately from the applicable property. 6. The owner(s) of any lot increased in size, by sale, lease or otherwise, to more than the lot size required by this section and the lot size designated in an approved application, must amend the existing conditional use permit and Application to Keep Livestock with the Town. At that time, the owner may increase the number of animals kept on the increased size lot to the number allowed by this section. 7. The keeping of livestock is subject to the express condition that the use does not constitute a violation of the nuisance and health laws of the Town or State of Utah.