CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

AGENDA TITLE: Adopt an Ordinance to establish regulations for pet cemeteries and pet crematoriums. (PWD-Planning)

AGENDA DATE:  04/04/2016

ITEM#:  12

DEPARTMENT:  Public Works - Planning

DATE SUBMITTED:  03/15/2016

PREPARED BY:  Mary Beck, Assistant Planner

SUBJECT:  Additions to Texarkana Municipal Code for regulation of pet cemeteries and pet crematoriums.    

EXHIBITS:  Ordinance and Assistant Planner memo.

APPROVAL: 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:  The development of this ordinance is to establish regulations for pet cemeteries and pet crematoriums and follows research into various cities regulations, input by the animal control director, information supplied by the Arkansas Department of Environmental Quality, Air Division, and a number of public workshops and a public hearing.  The Planning Commission’s recommendation for definitions, land use, and supplemental provisions noted in the ordinance are a result of this process.    

BOARD ACTION:  The Planning Commission certifies recommendation for approval.  No opposition has been received.   

EMERGENCY CLAUSE:  No emergency clause is requested. 

 


ORDINANCE NO. ________

 

AN ORDINANCE AMENDING SECTION 28-22, SECTION 28-51, AND SECTION 28-142; OF THE CODE OF ORDINANCES OF TEXARKANA, ARKANSAS; AND FOR OTHER PURPOSES.

 

WHEREAS, the City Board of Directors and Planning Commission desire to provide regulations to allow and govern pet cemeteries and pet crematoriums; and

WHEREAS, the Planning Commission, after public discussions and workshops and a public hearing, has approved text amendments to the zoning chapter and do certify and recommend the Board of Directors adopt the regulations herein;

NOW THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas the following amendments be accepted:

I.             Chapter 28, Article XI Interpretations and definitions, Section 28-142 of the Texarkana, Arkansas Code of Ordinances zoning chapter is hereby amended to add:

a.       PET CEMETERY:  Land, together with any structures, facilities, or buildings for use for the individual interment, above or below ground, of pet remains, but not to include private residential property for personal pet interment. 

b.    ANIMAL/PET CREMATION SERVICE:  A service dedicated to the disposition of animal remains by means of cremation that may also provide retail goods and services as an accessory use. 

II.          Chapter 28, Article III, Section 28-22 of the Texarkana, Arkansas Code of Ordinances zoning chapter is hereby amended to add:

a.      Pet cemeteries are allowed only with a conditional use permit in all zones with the exception they are not allowed in C-4 Crossroads Business Park and C-4 Crossroads Overlay.

b.    Pet crematoriums are allowed as a use by right in M-1 Limited Manufacturing and M-2 General Manufacturing zoning districts and may be approved as an accessory land use with a conditional use permit in C-3 Open Display Commercial zoning.

III.       Chapter 28, Article VI, Supplemental provisions, Section 28-51, Texarkana, Arkansas Code of Ordinances, is amended to include the following:

 

a.     Pet crematoriums may be approved where allowed only when associated with a dedicated animal crematory service.

b.       Pet crematorium emissions and all operations shall be subject to Arkansas Department of Environmental Quality (ADEQ) regulations and a permit must be obtained through the Air Division of that agency.  When operations begin a copy of the inspection of that facility is to be filed with Public Works Code Enforcement Department.

c.       All activity of a pet crematorium shall be handled discretely and screened from public view to the maximum extent possible, including delivery and storage of the remains.

d.      A pet crematorium shall not be used for non-animal disposal purposes such as medical waste or industrial waste.

e.       Animal disposal in pet crematoriums for non-domestic animal types, whether tame or wild will require prior notification of the Arkansas Fish and Game Department and the Texarkana Animal Control Officer. 

f.       Daily records are to be kept of all animal disposals and must be available for review by the Texarkana Animal Control Officer.

PASSED AND APPROVED this 4th day of April, 2016.

 

__________________________

Ruth Penney Bell, Mayor

 

 

 

ATTEST:

 

__________________________

Heather Soyars, City Clerk

 

 

APPROVED:

 

__________________________

George Matteson, City Attorney

 


 

 

 

CITY OF TEXARKANA, ARKANSAS

DEPARTMENT OF PUBLIC WORKS

216 WALNUT STREET 71854-6024

P.O. BOX 2711 – TEXARKANA, ARKANSAS 75504-2711

PHONE (870) 779-4971 – FAX (870) 773-2395

MEMORANDUM

TO:                       Kenny Haskins, City Manager

FROM:               Carl Teel, City Planner

     Mary Beck, Assistant Planner

DATE:                 March 15, 2016

SUBJECT:         Board of Directors Agenda Item for 04-04-2016 meeting.

REQUEST:

 

ORDINANCE – Addition of definitions and regulations for pet cemeteries and pet/animal crematoriums recommended by the Planning Commission as a response to request for crematoriums.

 

REASON FOR REQUEST:

 

 

 

In 2015 the City was contacted by a citizen about opening a pet crematorium.  Because this land use does not currently appear in the Texarkana Municipal Code, and because it was not closely associated with any other land use well defined in the Code, addition of new regulations is requested.

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

Pet cemeteries may be a compatible use in any zone except C-4 Crossroads Business Park and C-4 Overlay depending on the particular surroundings and would be evaluated on a case by case basis with notification of property owners within 100’ by letter to voice any concerns, objections or support for any application to the Planning Commission for a conditional use permit.

 

Research shows a trend towards allowing pet crematoriums in municipalities and communities in Arkansas and other States.  Generally, pet crematoriums are considered a compatible land use in manufacturing zones, and typically are allowed on a case by case basis in some commercial areas and/or as an accessory use to animal service providers.

 

CONFORMANCE WITH APPLICABLE ORDINANCES AND/OR STATE STATUTES:

 

 

The Arkansas Code of 1987 Annotated 14-56-301 to 14-56-306 grants municipalities powers of the first class to regulate zoning and building codes for structures within the City limits. 

                                     

OPPOSITION:    

Legal notice of a public hearing following public workshops and public discussions was published in the 2016 February 21st Sunday edition of the Texarkana Gazette.  No opposition has been voiced or received during this process. 

                                    

PLANNING COMMISSION RECOMMENDATION:

 

 

On a motion by Mr. George Coker to approve and seconded by Mr. Boots Thomas the Planning Commission certifies their recommendation of the ordinance with the following roll call vote:

 

 

 

 

Randall Hickerson, Chairperson

Vacancy, Vice-Chairperson

Yes

-

 

 

Scott Thomas

Bertha Dunn

Yes

Yes

 

 

Jason Dupree

George Coker

Boot Thomas

Yes
Yes

Yes

 

 

BOARD ACTION REQUESTED:

 

 

The Board action requested is adoption of the ordinance to:

 

  1. Add pet cemeteries and pet crematoriums as definitions; and,

 

  1. Allow pet cemeteries as a land use in all zones except Crossroads Business Park and C-4 overlay with a conditional use permit; and,

 

  1. To allow pet crematoriums as a use by right in M-1 Limited Manufacturing and M-2 General Manufacturing and as a conditional use accessory to a business in C-3 Open Display Commercial zoning.   

 

 

 

 

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