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City amends fowl zoning regulations

Published 2/8/2012 in Local News

By SHAJIA AHMAD

sahmad@gctelegram.com

City commissioners have agreed to an inarguably fowl decision.

That play on words came from city officials at Tuesday's commission meeting, after commissioners unanimously voted to amend zoning regulations that will now allow keeping of limited numbers of some fowl — only female chickens and ducks — in residential areas in Garden City.

Sam Henderson, a city planner, said city code has for decades allowed the keeping of fowl, but more strict zoning regulations that take legal precedence have disallowed the practice of owning or raising domesticated fowl in residential districts.

The ordinance adopted by city commissioners Tuesday will allow residents to keep one female chicken or duck per 500 square feet on an individual lot, with no more than six of those animals allowed at maximum per lot.

The ordinance approved also reflects other restrictions, including but not limited to providing certain-sized coops or other similar shelters and adequate laying boxes and roosts for the fowl.

Henderson said in a separate interview that the practice of raising fowl in residential areas inside cities is an issue many municipalities across the country have been dealing with in recent years as the popularity of raising backyard fowl has increased in urban and metropolitan areas.

"The reason why it was brought to our attention is that someone who had pigeons was told by our code compliance officer that he was not allowed to keep them on the property," the city planner said. "There are some residents who have ducks and chickens in town, and I'm not sure where they are. ... We're hoping this ordinance that has been passed to amend the zoning regulations will help folks keep their animals as long as they meet the qualifications."

Tuesday's zoning amendment also allows the keeping of up to 70 pigeons, but only those of the "Columbidea Family of birds that include 'racing,' 'fancy' and 'sporting' pigeons."

Residents will be allowed to keep up to five of those permitted pigeons per 500 square feet of a lot, up to a maximum of 70, and must provide specified shelter for the animals.

During Tuesday's commission meeting, Planning and Community Development Director Kaleb Kentner told city commissioners that the new zoning amendments reflect similar fowl-keeping policies that have been adopted in Lawrence.

In Lawrence, only chickens and ducks are allowed by city ordinance based on the same square footage stipulations, but up to a number of 20. Henderson said Tuesday that planning staff came to an agreement of six permitted fowl per residential lot in Garden City based on health and safety issues.

The majority of the all-area Planning Commission approved the staff proposal and recommended zoning changes at a Dec. 27 meeting.

"If we started with a higher number, we thought there may be sanitary issues — the more (fowl), the harder it would be to keep a coop sanitary," he said. "Male chickens (roosters) are also a nuisance issue. You can't control when they're going to crow (by) humane means, and they are sometimes used for something other than pets or poultry, which is the whole issue with cock fighting."

Compliance with city zoning and planning regulations are handled on a complaint-basis.

In other business during Tuesday's commission meeting:

* Commissioners unanimously approved $104,000 in funds for several area agencies and organizations through two sources: $84,000 funds from the Alcoholic Liquor Fund, funds that are distributed from state alcohol consumption taxes to create or maintain programs targeting drug or alcohol prevention; and $20,000 from Community Grant Funding, a city-sponsored grant.

Eleven agencies requested more than $138,560 from the alcohol funds, and nine were awarded funding, according to Ashley Freburg, communication specialist with the city.

Those agencies include: 25th Judicial District Community Corrections and Rehabilitation Service, $13,000; City on a Hill, $10,000; Spirit of the Plains, CASA, $10,000; Southeast Asian Mutual Assistance Association, $5,000; Summer Playground Program, $5,000; Catholic Social Service, $7,000; 25th Judicial District Youth Services, $20,000; Garden City Family YMCA, $6,000; and Big Brothers Big Sisters of Finney and Kearny Counties, $20,000.

The funding awards total $96,000, of which the city is responsible for $82,000 and Finney County is responsible for $14,000, or 15 percent. Two agencies that applied for but did not receive the alcohol tax funding include Garden City High School AVID, a high school club that provides programs such as college tours and student leadership programs; and Greater Gold Wrestling Club.

Freburg told city commissioners Tuesday that those groups did not meet statutory requirements for funding.

In addition, the commission unanimously approved $20,000 in community grant funds for the following agencies that applied: String Academy of the Plains, $500; Community Mexican Fiesta, $1,000; Garden City Community College, $1,750; Finney County United Way, $1,000; Community Day Care Center, $1,750; Garden City Arts, $1,750; Youth Entrepreneurs, $1,000; Habitat for Humanity, $2,000; Family Crisis Services, $2,000; Downtown Vision, $1,000; Miles of Smiles, $1,000; Dominican Sister Ministry of Presence, $1,200; and Southwest Kansas Live on Stage, $550.

Two agencies that applied for community grants — Garden City Family YMCA and the Southeast Asian Mutual Assistance Association — did not receive funding because they already received funds through the available alcohol tax funds, Freburg told commissioners during the meeting. The award amounts are recommendations made by the Alcohol Advisory Board, comprised of three city-appointed members and Freburg, the group's city liaison.

Those members include: Kevin Bascue, Finney County sheriff; Lauren Lueck, marketing coordinator at Area Mental Health; and Matthew Connell, an instructor from Garfield Early Childhood Center.

* The city commission will hold its annual retreat at 8:30 a.m. Feb. 15 at the Finnup Center for Conservation Education, 312 Finnup Drive.

The city meets again on Feb. 21 at the City Administrative Center, 301 N. Eighth St.

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Found 1 comment(s)!

Fowl zoning is right!

Come on commissioners you can't enforce the zoning laws that are on the books now. How are you going to enforce this? Examples; 5th wheel that's been parked illegally on 8th and Thompson, the house on the west side of main st just south of Mary and the flock that always threatens to jump into traffic on Taylor just south of Mary. Need I go on? Don't be turning our city into a third world country!

Posted by: Herman on 2/9/2012