December, 2005
Excerpt from Evans Municipal Code – Chapter 6
6.04.300 K Animal care--Unlawful activities designated. It is unlawful for any owner,
keeper, harborer, or any other person to:
K. Keep, maintain, harbor or possess in any one household, a combined total
of more than four pet or fowl animals within the city of Evans. A litter of the pet animals
or fowl animals lawfully harbored may be kept until such time that a natural weaning
period, as determined by the city, has expired. A household located on one (1) acre or
more of land may have a total of 12 fowl animals, provided an open area of at least 100
square feet per animal is provided and such open area is located at least 50 feet from any
residence, business or other building intended for human habitation.
A request for a variance may be made to the regulations of this subsection K.
Such request must be submitted on a petition form prescribed by the City and
accompanied by the submittal fee established by City Council by resolution. The petition
form shall be filed with the City Clerk and shall be accompanied by a letter explaining
why the variance should be granted. Additional supporting evidence such as letters of
support from surrounding property owners, photographs, and maps may be submitted and
may be required by the City. The City Council shall hold a public hearing and make the
final decision to grant the requested variance, grant a variance with a lesser number of
animals than the request, or deny the variance. Notice of the public hearing shall be
published at least ten (10) days prior to the hearing in a newspaper of general circulation
in the City and notice of the public hearing shall be posted on the premises at least ten
(10) days prior to such hearing. At the public hearing, the City Council shall base its
decision on the following criteria:
1. The variance is in harmony with the intent and purposes of this chapter and
with other relevant City ordinances; and
2. The variance will not result in damage to adjoining properties, nor an
unreasonable amount of noise or smell, and will not otherwise be materially
detrimental to the public welfare; and
3. The variance is appropriate, given the size, shape, topography, and/or
location of the property upon which the animals are to be kept.
City Council may impose conditions, safeguards and limitations as it deems appropriate
for the protection of persons and property upon the granting of any such variance. The variance,
if approved, shall be granted by resolution. In the event of violation of any of the conditions,
safeguards, or limitations imposed, or to the extent that such variance may constitute a nuisance,
pursuant to notice and hearing, the City Council may revoke the variance granted. In the event
that the homeowner has received more than two (2) convictions in Municipal Court under
Chapter 6 of the Evans Municipal Code, there shall be a presumption of a nuisance.
