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Help with Burleson, TX city ordinances

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by Saveadane, Mar 27, 2009.

  1. Saveadane

    Saveadane Out Of The Brooder

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    Feb 27, 2008
    DFW, Tx
    I am trying to muddle through all of this jargon to determine how illegal it would be for me to get chickens.[​IMG] The local ordinances say that you cannot keep fowl within 100 feet of an occupied building, but this is for land zoned for agriculture. Our house is actually a single family dwelling and NO WHERE in the laws can I see that poultry is illegal here. Additionally, up to 100 pigeons can be kept 50 feet from neighbors irregardless of zoning, so my thought is to make a "pigeon house" that just has some funny-looking occupants. What are the odds that someone will actually ask for their registration?






    Sec. 6-8. Prohibited animals.
    (c) Livestock and fowl. Livestock and fowl, that are kept, owned or harbored within a land use zoning classification allowing same shall constitute a nuisance if any such animal is kept, fenced, stabled, or pastured within 100 feet of an occupied building. The term "occupied building" as used herein shall mean a building occupied by any person, other than buildings and structures owned or controlled by the owner of the animals involved. This subsection does not apply to "occupied buildings" constructed after the keeping of any livestock and/or fowl is in place, or if the land upon which the animals are maintained is zoned "A-Agriculture."
    (1) Any animal of the order Ungulata (such as antelope, deer, bison and camels) may not be kept on parcels of land of less than five acres and which are not zoned for agricultural use.
    (2) The keeping of livestock and fowl within the zoning classification "SFE-Single Family Estate" is prohibited, except horses and mules.
    (3) Tracts or parcels of land of less than ten acres that are zoned as "SFE-Single Family Estate" may maintain horses and/or mules at a rate of two head for the first full acre under fence and an additional one head per fenced acre thereafter. Pasture fencing must be a minimum of five feet in height at its lowest point and cannot extend into the front yard between the main building structure and the street.
    (4) Horses and/or mules kept on land zoned as "SFE-Single Family Estate" shall be provided with a minimum of a three-sided roofed shelter, approved by the city, with a minimum of 300 square feet per animal.
    (5) Pigeons kept for purposes of competition and registered with a recognized association of pigeon fanciers shall be an exception to this section, provided that:
    a. A person may not keep more than 100 pigeons at one location.
    b. The enclosure for such birds is maintained in a sanitary and odor-free condition, and is located no less than 50 feet from an adjacent residential or commercial structure, excluding the residence or business of the owner.



    Section 17. SF7, single-family dwelling district-7.
    17-100. Purpose. The SF7 single-family dwelling district-7 is established to promote low population densities within integral neighborhood units, as defined by the comprehensive land use plan, for single-family detached dwellings, on lots not less than 7,000 square feet with a dua no greater than 4.25.
    17-105. Primary uses allowed. In the SF7 single-family dwelling district, no building or land shall be used and no building constructed, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:
    (a) Primary uses allowed:
    Electrical substation
    Electrical transmission lines
    Fire or police station
    Industrialized housing (modular home)
    Local franchise utility
    Municipal building and uses
    Natural gas regulating station
    Park or public playground
    Railroad track or right-of-way
    School, primary and secondary
    Sewage pumping station
    Single-family detached
    Telephone exchange, switching, relay or transmission station
    Water pumping station
    (b) Accessory uses allowed:
    Accessory building, agricultural
    Accessory building, residential
    Home occupation
    Off-street parking
    Swimming pool, private
    17-110. Specific use permit. See section 33, specific use permit. The following uses require an ordinance amendment. Unless otherwise stated, a site plan meeting the requirements of section 34, site plan regulations, and a public hearing is required before a recommendation is made by the planning and zoning commission and action is taken by the city council. In addition, the following minimum conditions must be met. Such conditions may not be construed as conditions precedent to the granting of the specific use permit.
    (a) Uses allowed with a specific use permit:
    Child care as a home occupation (in single-family dwelling unit)
    1. Completion of all requirements indicated on the City of Burleson request for a specific use permit single-family residence for child care purposes form.
    Religious institution
    1. A religious institution must meet the requirements of section 41, landscape regulations.
    17-115. Height requirements. No building shall exceed 2 1/2 stories except as permitted by section 36, general height requirements.
    17-120. Development area regulations. In the SF7, single-family dwelling district-7, the following regulations apply to all uses: See section 35, general yard requirements for general information regarding yard requirements.
    (a) Density: 4.25 residential dwelling units per acre.
    (b) Lot size: 7,000 square feet minimum.
    (c) Floor area: 1,100 square feet minimum. However, minimum floor area shall be 1,250 square feet for all lots platted after November 1, 2003, or for structures constructed on unplatted property after November 1, 2003.
    (d) Depth of front yard: 25 feet minimum.
    (e) Depth of rear yard: ten feet minimum.
    (f) Width of side yard: five feet minimum (see section 35 general, yard requirements).
    (g) Width of side yard adjacent to side street: 15 feet minimum.
    (h) Width of lot: 60 feet minimum.
    (i) Depth of lot, feet: 100 feet minimum.
    (j) Schools or churches: 25 feet minimum side yard on either side of the main building.
    17-123. Development option. Regulations within the SF7, single-family dwelling district may be modified to include the following regulations that encourage efficient use of land and infrastructure by distributing population density over the development site:
    (a) Designation. Any parcel of land that is being developed using the development option shall be so designated on the zoning map with a "D" suffix such that the designation for the SF7 district would be SF7D.
    (b) Density. The overall density for the development, including land area used for parkland and amenities, shall include land area located within designated floodways and floodplains but shall not exceed 4.25 residential units per acre. Land used for commercial and industrial purposes shall not be included in the dua calculation.
    (c) Area regulations. There are no area regulations, as provided in section 17-120, development area regulations, for development option developments, with the exception that no lot shall be less than 6,000 square feet in total area.
    (d) Development plan approval required. All SF7D developments shall require development plan approval by the city council, upon recommendation by the planning and zoning commission. A development plan shall be submitted in accordance with the requirements of article III of the subdivision and development ordinance, section 51, data requirement for preliminary plat submission, development plan requirements and section 30-135, development schedule. Only one document containing the appropriate information need be prepared and submitted. Upon approval, the development plan shall satisfy the requirements of a preliminary plat.
    17-125. Accessory building and structure regulations. Area regulations for accessory buildings or accessory structures shall be in compliance with subsection 35-105, accessory building and structure yard regulations.
    17-130. Landscaping. Landscaping shall be in compliance with section 41, landscape regulations.
    17-135. Off-street parking. Parking shall be in compliance with section 37, vehicle parking regulations.
    17-140. Off-street loading: None.
    (Ord. No. B-708, ยง I, exh., 12-11-2003)
     
  2. OrpingtonManor

    OrpingtonManor Building the Castle

    Nov 15, 2008
    Martinez, CA
    Are you friendly with your neighbors? Do you plan to share some of your eggs? Will you promise not to have roosters?

    I got my chickens without checking ordinances. Not good. However, there were already chickens in the area, so I took my chances. My neighbors have been wonderful. I still don't know if my chickens are legal, but I try to be a good neighbor.

    Good luck. It is admirable that you are trying so hard to be legal.
     
  3. Saveadane

    Saveadane Out Of The Brooder

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    22
    Feb 27, 2008
    DFW, Tx
    We just moved to the neighborhood about nine months ago, and have never really met our neighbors. We are on a corner lot so we really only have two attached neighbors. I have never even seen the people behind us, but we do see the ones beside us come and go. We actually had a little "incident" with them after we first moved here. I was in the house and heard water running; come to find out they have gone into our backyard and hooked up their hose to fill their pool! (As ticked as I was I was just glad our dogs were inside, because I don't know how our great dane would have responded to strangers in her yard.) I wanted to call the police, but DH just went and asked them to turn it off nicely. That night they had a pool party probably 20 feet from out master bedroom and DH had to get up at 4am the next morning for work. Later, when we found our HOA rules, we discovered that they weren't even allowed to have an aboveground pool, much as we are not supposed to have chickens. But their backyard backs up to the park and they have a wrought iron fence, so the whole world could see the stupid thing! Anyway, I have rambled a bit, but now you know the situation with that.
     
  4. Muzzleblast

    Muzzleblast Out Of The Brooder

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    Feb 16, 2009
    TEXAS
    I live not far from you. Go to www.johnsoncad.com and enter your parcel # or address to find out how your property is zoned. If you are SFE section (2) says no livestock or fowl. Pigeons are only allowed if they are for competition and are registered as such. If the land is zoned for ag then the 100 ft. rule applies for chickens.
     
    Last edited: Mar 30, 2009

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