HomeMy WebLinkAboutITEM IV-B1T of ~k
Memorandum
~ ~HIIT
To: Councilmember Lynn Norman, Chair, Planning and Community Development
Committee
Councilmember Nancy Backus, Vice- Chair, Planning and Community
Development Committee
Councilmember John Partridge, Member, Planning and Community Development
Committee
From: Hillary Taylor, Senior Planner
CC: Kevin Snyder, AICP, Planning and Development Director
Date: April 11, 2011
Re: Code Amendment to Allow the Keeping of Urban Farm Animals in Residential
Zones
Background
The City of Auburn, with increasing frequency, receives inquiries asking if there are rules
against the keeping of urban farm animals, such as chickens, on residential properties within
the City limits. Urban farm animals are not currently allowed to be kept on the majority of
residential properties within the City limits. The exceptions are within the Residetnial Conservancy (RC) and R-1 (1 dulacre) zones and within the portions of the city annexed in
2008. Within these annexation areas; the Lea Hill Overlay (ACC 18.21.010.) and the West
Hill Overlay (ACC 18.21.020), zoning code regulations were enacted to allow the keeping of
farm animals, including chickens and poultry, to approximate the pre-existing King County
zoning regulations.
Context
Generally, farm animals have been deemed too loud, large, and smelly to live within dense city limits. Roosters, cows, and horses have been eliminated from most urban environments.
However, the interest in keeping of urban farm animals such as chickens in urban areas has
experienced resurgence due to greater concern for the quality and source of food. There has
also been increased interest in keeping chickens and small animals in urban areas as a
hobby.
Discussion
In 2010, the City of Seattle adopted regulation changes regarding the keeping of animals
(Section 23.42.052, Keeping of Animals). This section of code states that: "the keeping of small animals, farm animals, domestic fowl, bees and miniature goats, is permitted outright
in
all zones as an accessory use to any principal use permitted outright or to a permitted
conditional use, in each case subject to the standards of this Section." The City of Seattle
specifically disallows the keeping of roosters. Staff can write regulations for the City of Auburn
that will disallow the keeping of roosters, due to the associated noise nuisance. For
Page 1 of 5
O THE U I~r~1~D
comparison, staff has investigated the regulations of 6 other jurisdictions and summarized the
information in the following table. The City of Puyallup is one of the few neighboring
communities that does not allow keeping of domestic fowl. The question of whether or not to
allow in residential zoning districts the keeping of domestic fowl, including chickens raises the
questions of what animals and uses to specifically allow. There appears to be interest in
having chickens, small goats, rabbits, and pigs as pets and as possible food sources. Similar
items that could be addressed in an ordinance change include allowing bee keeping (apiaries)
on residential properties. Excerpts of ordinance language from five of the communities are
included for reference after this memorandum.
~ ~ ~ ~ ~ - ~ o ~
~ a~ ~ ~ ~ E
cn w ~ ~ ~ cn
Domestic fowl Y Y license Y Y N Y Agricultural
required determined zones and the
for all by lot size Residential
species Protection
District
Goats Y Y license Y Y N Y Agricultural
required determined zones and the for all by lot size Residential
species Protection
District
Potbelly pigs Y Y license Y Y N Y Agricultural
required determined zones and the
for all by lot size Residential
species Protection
District
Bees Y Y license Y Y N Y Agricultural
required determined zones and the
for all by lot size Residential
species Protection
District
Y=Allowed N= Not allowed
Direction
1) Should staff limit the ordinance amendment to chickens, or include language that would
allow forother urban farm animals such miniature goats, rabbits, and potbelly pigs?
2) How many urban farm animals should be allowed? 4 or more? Seattle currently allows 8,
should the limitation be based on the property size similar to the regulations used by the
City of Renton?
3) Should staff draft regulations that would allow bee keeping on residential properties?
4) Would the Committee consider allowing urban farm animals such as use of small goats
for vegetation control within some of the City's commercial zones?
Page2of5
T~ U I~r~1~D
City of Kent
15.08.070 Keeping of animals.
The keeping of bees, small domesticated animals, large domesticated animals, and
domesticated fowl, as those terms are defined in KCC 8.03.030, is permitted in all zones as
an accessory use to any principal use permitted or to a permitted conditional use, subject to
the standards and restrictions of this section and Ch. 8.03 KCC.
A. Small domesticated animals. Up to three (3) small domesticated animals may be kept accessory to each business establishment or dwelling unit on a lot, except as follows:
1. In no case is more than one (1) miniature potbelly pig allowed per business establishment
or dwelling unit.
2. More than three (3) small domesticated animals are permitted on lots of at least finrenty
thousand (20,000) square feet, subject to the provisions of Ch. 8.03 KCC.
3. In no case shall a structure that restrains or houses small domesticated animals, such as a
kennel or other accessory structure, be located closer than ten (10) feet from any other
residential lot.
B. Miniature potbelly piss. The type of swine commonly known as the Vietnamese, Chinese,
or Asian potbelly pigs (Sus scrofa bittatus) may be kept as a small domesticated animal in
accordance with subsection (A) of this section; provided, the swine is neither greater than
finrenty-two (22) inches in height at the shoulder nor more than one hundred fifty (150) pounds
in weight. In the event the swine exceeds either of these limitations, it is not allowed within the
city. A miniature potbelly pig shall be considered a small domesticated animal when
determining the number of small domesticated animals permitted on a lot.
C. Domesticated fowl. Up to three (3) domesticated fowl may be kept on any lot that is at least five thousand (5,000) square feet, subject to the provisions of Ch. 8.03 KCC. These
domesticated fowl are in addition to the small domesticated animals that may be permitted on
a lot in accordance with subsection (A) of this section. One (1) additional domesticated fowl is
permitted for each one thousand (1,000) square feet of land in excess of the minimum five
thousand (5,000) square foot threshold. In no case shall a coop or other accessory structure
that restrains or houses domesticated fowl be located closer than ten (10) feet from any other
residential lot.
D. Large domesticated animals. Large domesticated animals are permitted only on lots of at
least twenty thousand (20,000) square feet subject to the provisions of Ch. 8.03 KCC. The
keeping of swine is prohibited, except for a single miniature potbelly pig maintained in accordance with subsection (B) of this section.
1. One (1) large domesticated animal for every ten thousand (10,000) square feet of lot area
is permitted.
2. Large domesticated animals and structures housing them must be kept at least fifty (50)
feet from any other lot in a residential zone.
E. Beekeeping. Beekeeping is permitted as an accessory use, when registered with the State
Department of Agriculture; provided, that:
1. No more than four (4) hives, each with only one (1) swarm, shall be kept on lots of less than ten thousand (10,000) square feet.
Page 3 of 5
A~TBUAN ~k MORE THAN YOU IMAGINED
2. Hives shall not be located within twenty-five (25) feet of any property line except when
situated eight (8} feet or more above the grade immediately adjacent to the grade of the lot on
which the hives are located or when situated less than eight (8) feet above the adjacent
existing lot grade and behind a solid fence or hedge six (6) feet high parallel to any property
line within twenty-five (25) feet of a hive and extending at least twenty-five (25) feet beyond
the hive in both directions.
Cit of Pu allu v v
8.08.010 Keeping of fowl and rabbits.
It is unlawful for any person to keep chickens, geese, ducks or other domestic fowl and
rabbits in any pen or building within a distance of 50 feet from, or in any runway, enclosure or
upon any portion of any premises within a distance of 25 feet from the nearest portion of any
residence, dwelling, hotel, apartment house or rooming house, now existing or hereafter
constructed, owned by any other persons within the city; and the keeping of chickens, geese,
ducks or other domestic fowl or rabbits as aforesaid is hereby declared to be a public nuisance. (Ord. 2463 § 1,1995; Ord. 1069 § 1,1943).
8.08.020 Keeping of hogs and goats.
It is unlawful for any person to keep hogs and goats in any pen, building, runway, or
enclosure within a distance of 150 feet from the nearest portion of any residence, dwelling,
hotel, apartment house or rooming house now existing or hereafter constructed, owned by
any other person within the city; and the keeping of hogs or goats as aforesaid is hereby
declared to be a public nuisance. (Ord. 2463 § 1,1995; Ord. 1069 § 2,1943}.
Cit of Sumner
Section 18.12H
Keeping of horses, cattle, chickens, rabbits, sheep and other similar animals, not including
swine, provided shelters are provided for animals at least 50 feet from the side lot of adjoining
lots, 100 feet from any public street. Adjoining lot owners may locate the above described
shelters on their common lot line, provided they each desire to provide a shelter to house one or more of the above described animals. A lot area, in addition to the minimum required
for a
dwelling, shall be provided equivalent to one acre for each animal over 300 pounds in weight.
This regulation shall not be construed to permit the keeping of animals in any place or
mannerwhich will endanger public health or safety;
6.04.150 Animal nuisances.
For purposes of this chapter, violations of this chapter are nuisances and shall include, but
not be limited to the following:
A. Any public nuisance relating to animal control known at common law or in equity
jurisprudence; B. Animals (excluding household pets, such as dogs and cats), particularly horses, mules,
rabbits, bovine animals, Iambs, goats, sheep, birds, hogs, chickens or other animals made to
be domestic, being kept in residential districts which do not comply with the existing zoning
regulations;
Page4of5
Cit of Renton
G. NUMBER OF ANIMALS ALLOWED:
1. Lot Size Minimums and Maximum Number of Animals Permitted Outright: The allowable
numbers of animals permitted outright, provided the minimum lot size is met, are detailed in
the following table. The specified minimum lot sizes are absolute requirements. No variances,
waivers, and/or modifications under the Renton Municipal Code may be granted. The keeping of animals that require lesser lot size is allowed to be cumulative, when lot size
requirements have been met. For example, on a twelve thousand five hundred (12,500)
square foot lot, the keeping of two (2} medium lot domestic animals, six (6) small lot domestic
animals, and three (3) household pets is permitted outright.
Type of Animal Maximum Number of Animals Permitted
Outri ht
Household Pets includes: dogs, cats, 3* per dwelling or commercial building
rabbits, caged indoor birds, small rodents, regardless of lot size. A pet license is required
non-venomous reptiles and amphibians from the City Finance Department foreach cat
weighing less than 10 pounds. or dog.
Small Lot Domestic Animals includes: 3 on lots that are at least 6,000 gross sq. ft. in chickens, ducks, geese, pigeons, rabbits. size. On lots that are larger than 6,000 gross
sq. ft., 1 additional small lot domestic animal
may be kept per additional 2,000 gross sq. ft.
Medium Lot Domestic Animals includes: 2 on lots that are at least 12,500 gross sq. ft.
sheep, miniature goats that are smaller than in size. On lots that are greater than 12,500
24 inches at the shoulder and/or not more gross sq. ft., 1 additional medium lot domestic
than 150 pounds in weight. animal may be kept per additional 7,500 gross
sq. ft.
Large Lot Domestic Animals includes: 2 on lots that are at least 1 gross acre in size. horses, ponies, donkeys, cows, goats, On lots that are larger than 1 gross acre, 1
llamas, oxen, pigs. additional large lot domestic animal may be
kept per additional 43,560 sq. ft.
*Includes foster animals
2. Permit Required for More than Three (3) Dogs and/or Cats: Regardless of additional lot
size, the keeping of four (4) or more dogs and/or cats shall always require obtainment of
an Additional Animals Permit (RMC 4-9-100) or a Conditional Use Permit for a Kennel
(RMC 4-9-030}.
Cit of Seattle
(Section 23.42.052 Keeping of Animals). This section of code states that: "the keeping of
small animals, farm animals, domestic fowl, bees and miniature goats, is permitted outright in
all zones as an accessory use to any principal use permitted outright or to a permitted
conditional use, in each case subject to the standards of this Section."
*Generally the regulations for the City of Seattle are the same as the regulations for the City
of Kent.
Page5of5
T~ U I~r~1~D