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HomeMy WebLinkAboutITEM V-BCITY OF BURN Memorandum WASHINGTON 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 28, 2011 Re: Code Amendment to Allow the Keeping of Urban Farm Animals Background The City of Auburn, with increasing frequency receives inquiries asking if there are rules against the keeping of chickens and other urban farm animals on residential properties within the City limits. Chickens are not currently allowed to be kept on residential properties within the City limits. The exception is within the portions of the city annexed in 2008 and properties zoned Residential Conservancy (RC) and R-1 (1 dutacre). Within these areas the, zoning code regulations were enacted to allow the keeping of farm animals, including chickens and poultry. Staff presented this issue to the Planning and Community Development Committee at the April 25, 2011 meeting. The Committee provided staff with direction to move forward with a draft amendment proposal that would allow chickens, potbelly pigs, and miniature goats on residential properties in the City of Auburn and directed staff to draft regulations that would allow goats to be kept on commercial properties. The Committee expressed a preference for the regulations in the City of Renton which link the number of pets allowed to the square footage of the lot. The Committee requested more information on licensing of domestic pets and on bee keeping (apiaries). Discussion The following discussion is for the possible ordinance amendment to allow different kinds of animals to be kept on residential properties: RC, R1, R5, R7, R10, R16, and R20. Information regarding bee keeping on residential properties: 1) King County regulations 21A.30.020 of K.C.C. 11.04 Page 1 of 3 AUBURN *MORE THAN YOU IMAGINED a. Beehives are limited to 50 on sites less than 5 acres b. The number of beehives shall not be limited on sites of five acres or greater c. Colonies be maintained in movable-frame hives at all times d. Adequate space shall be provided in each hive to prevent overcrowding and swarming. e. All colonies shall be registered with the County Extension agent prior to April 95' of each year, on a state registration form acceptable to the County. (The registration form is attached.) f. Abandoned colonies, diseased bees, or bees living in trees, buildings, or other space except in movable-frame hives shall constitute a public nuisance, and shall be abated as set forth in K.C.C. 21A.50. 2) Spokane, Washington recently made news in attempts to impose stricter regulations a. The Planning Commission voted unanimously to indefinitely table a proposal to introduce restrictions on bee keeping in most rural zones b. The current regulations follow the state requirements but include provisions for location, density, and maintenance of colonies. The regulations are attached. 3) The City of Issaquah regulations address a majority of the concerns identified by staff research. (The regulations are attached.) Licensing of domestic animals Staff found in surrounding areas that both pot belly pigs and miniature goats are required to be licensed in a manner similar to the license required for a dog. The current City of Auburn regulations pertaining to pets adopt King County Code to govern Animal Care and Control (Animal control is governed by King County Code Title 11, Animal Care and Control. (Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 98.04.720.) ) The King County Code requires the licensing of miniature goats and pot belly pigs. Current City of Auburn language regarding pets: 18.04.495 Household pet. "Household pet" means a domesticated animal of ordinary species that lives, or is commonly known to be capable of living, within the confines of a residence. Animals considered to be common household pets included but are not necessarily limited to the following: dogs, cats, rabbits, indoor birds, small rodents, and fish. Animals not considered to be common household pets include but are not necessarily limited to the following: horses, cows, goats, sheep, swine, donkeys, chickens, endangered or exotic species and any similar species. Animal control is governed by King County Code Title 11, Animal Care and Control. (Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.720.) Possible language that could be used to draft a policy for Auburn: 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 Auburn City Code may be granted. The keeping of Page 2 of 3 AUBURN * MORE THAN YOU IMAGINED 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. Licensing of pets and animal control is governed by King County Code Title 11, Animal Care and Control. (Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.720.) Type of Animal Maximum Number of Animals Permitted Outright Household Pets: dogs, cats, rabbits, 4* per dwelling or commercial building caged indoor birds, small rodents, non- regardless of lot size. A pet license is venomous reptiles and amphibians required from the City Finance Department for weighing less than 10 pounds. each cat or dog. Small Lot Domestic Animals: chickens, 4 on lots that are at least 6,000 gross sq. ft. in ducks, geese, pigeons. 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: pot belly 2 on lots that are at least 12,500 gross sq. ft. pigs, and miniature goats that are smaller in size. On lots that are greater than 12,500 than 24 inches at the shoulder and/or not gross sq. ft., 1 additional medium lot domestic more than 150 pounds in weight. animal may be kept per additional 7,500 gross sq. ft. Large Lot Domestic Animals: horses, 2 on lots that are at least 1 gross acre in size. ponies, donkeys, cows, standard size On lots that are larger than 1 gross acre, 1 goats, llamas, oxen, standard size pigs. additional large lot domestic animal may be kept per additional 43,560 s q. ft. *Includes foster animals Direction: 1) Should staff include provisions that would allow bee keeping (apiaries) in a proposed ordinance amendment to allow other domestic animals on residential properties in Auburn? 2) If staff should include provision to allow apiaries, should staff use language similar to the regulations used in Spokane or Issaquah? Page 3 of 3 AUBURN * MORE'rHAN YOU IMAGINED Washington State Department of Agriculture NYASADA BEEKEEPER/BROKER REGISTRATION - 2011 TO REGISTER as an apiarist and/or broker, please complete this form and return it with your payment to: Washington State Department of Agriculture + Plant Protection Division PO Box 42591 • Olympia, WA 98504-2591 APPLICANT NAME AND ADDRESS: Apiarist ID No.: UBI No.: County: Telephone: I will not own or operate any colonies of bees in Washington State in 2011. Please sign below and return this form so your name can be removed from the mailing list. I am a Washington State resident. F.~Yes C~JNo 8110 I will own and/or operate colonies of bees in 2011. Will these bees be used for commercial pollination? ❑Yes 1JNo (NUMBER) Registration fees assessed are based on the number of colonies you will own or operate in Washington in the current year. Fees are due by April 1st. Note: if you register as both a broker and a beekeeper, only the higher of the two fees is due. (WAC 16-602-025 and WAC 16-602-026) Beekeeper: Own Onl Broker & Beekee or: Own &.O erate Broker Only Number of Colonies Fee Number of Colonies Fee Number of Colonies Fee ❑ 1-5 colonies $ 5.00 ❑ 1-5 colonies $ 5.00 ❑ Broker $100.00 ❑ 6-25 colonies 10.00 ❑ 6-25 colonies 10.00 ❑ ❑ 26-100 colonies 25.00 ❑ 26-100 colonies 25.00 ❑ ❑ 101-300 colonies 50.00 ❑ 101-300 colonies 50.00 ❑ ❑ 301-500 colonies 100.00 ❑ 301-500 colonies 100.00 ❑ ❑ 501-1,000 colonies 200.00 ❑ 501-1,000 colonies 200.00 ❑ ❑ 1,001 or more colonies 300.00 ❑ 1,001 or more colonies 300.00 ❑ Registration Fee Due $ Late Fee* Total Fees / Amount Enclosed CASHIER USE ONLY $Slk~ fdt7}f~ L3f~LElI~J Notice: Each person owning one or more hives with bees, brokers renting hives, and apiarists resident in other states who operate hives in Washington shall register with the Department of Agriculture on or before April 1 st of each year. The registration form is to include the person's name, address, and phone number, the number of colonies of bees owned, brokered, or operated in Washington, and the appropriate registration fee. (RCW 15.60.021) Brokers: If you will operate bees other than your own during this year, please list the sources of the colonies on the back side of this form giving name(s), address(es), phone number(s), and number of colonies rented from each. If you have any questions, please contact Jenny Hartman at (360) 902-1901 or email jhartman@agr.wa.gov. I certify that the above registration information is true and correct. Signed Date *Note: Registrations received after April l shall be subject to a late fee (RCW 15.60.031). Please contact Jenny Hartman at (360) 902-1901 or emailjhartman@agr.wa.gov for amount owed. Checks returned by the bank will be charged a handling fee of $25.00. (RCW 62A.3.515 and .520) Spokane Municipal Code Spokane Municipal Code r€nt [ Close Window Title 17C Land Use Standards Chapter 170.310 Animal Keeping Section 17C.310.130 Beekeeping Page 1 of I Friday, April 29, 2011 - 9:56 AM Font Size: Increase I Decrease A. Where Permitted, Beekeeping is allowed as an accessory use on any lot occupied by a single-family residence that is in the RA, RSF, RTF, RMF and RHD zones. Beekeeping for educational or research purposes by an Institution such as college, high school or agricultural extension office is allowed as a Type II conditional use permit in all zones, subject to the requirements of subsection (8)(1) through (5) below. B. Standards Applicable to Beekeeping. Beekeeping is subject to the following standards: 1. Location, Density and Maintenance of Colonies. a. The number of colonies is limited to one colony per four thousand three hundred fifty square feet of lot arear up to a maximum of eight colonies; and b. Colonies shall be setback a minimum of twenty-five feet of any property line, except that a colony may be situated within ten feet of a side lot line or rear lot line provided the following provisions are met: i. The beehives are isolated from public access by a security fence as required under SMC 17C.110.230 (-F); and il. The beekeeper establishes and maintains a flyway barrier at least six feet in height consisting of a solid wall, solid fencing material, dense vegetation or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at feast six feet above ground level over the property lines in the vicinity of the colony; or III. The colony is situated ten feet or more above the grade of the nearest adjoining property line. 1 Colonies shall be maintained in movable-frame hives with adequate space and management techniques to prevent overcrowding and swarming. 3. In any Instance in which a colony exhibits aggressive or swarming behavior, the beekeeper must ensure that the colony is re-queened. Aggressive behavior is any Instance In which unusual aggressive characteristics such as stinging or attacking without provocation occurs. 4. Every beekeeper shall maintain an adequate supply of water for bees located close to each colony. 5. Registrations and Training. a. All colonies shall be registered with the director of the state department of agriculture pursuant to RCW 15.60.621 no later than April 1st of each year. b. The beekeeper shall have completed the requirements for apprenticeship level of the Washington State Beekeeper's Association master beekeeper certification program. Date Passed: Monday, September 24, 2007 ORD C34109 Section 4 littp://www.spokanecity.org/services/docunients/sme/print/default.aspx 4/29/2011 Issaquah 18.07.160 Animals - Honey bees. A. Parcel and Apiary Size Requirements: 1.0 to 5,999 square feet0 hives2.6,000 to 10,000 square> 2 hives3.10,001 to 20,000 square feet> 4 hives4.20,001 to 43,560 square feet (.46 ac to 1 ac)> 10 hives5.35,001 to 65,340 square feet (1 ac to 1.5 ac)> 20 hives6.1.5 to 5.0 acres> 25 hives in urban areas7.5.01 to 10.0 acres> 40 hives in urban areas8.10.01 60 hives as a rural of mountainhoney foraging site, or60 or more hives as a 30-daycoilection site for truck access inspring and fall S. Hive Placement Requirements: 1. Hives shall be at least twenty-five (25) feet from a property line, with the hive(s) entrance(s) facing away from or parallel to the nearest property line. 2. Hives may be less than twenty-five (25) feet from a property line if placed behind a six (6) foot high fence, which shall extend at least twenty-five (25) feet beyond the hive(s) in both directions. The fence shall direct bee flight into the air at least six (6) feet before the bees cross the property line. The fence or obstruction may occur on the adjoining property; provided, that bee flight is not directed in the vicinity of recreational decks or entrances to housing or buildings on adjoining properties. In lieu of a fence, the hive(s) may be placed at least eight (8) feet above adjacent ground level, and comply with the remaining placement requirements. 3. A hive(s) adjacent to public roads shall comply with placement requirements in such a manner as to direct bee flight at least twenty (20) feet into the air over the road surface. In lieu of this requirement, a hive(s) shall be placed at least one hundred (100) feet from the road right(s)-of- way, with the entrance(s) parallel thereto. C. Hive, Apiary Management Requirements: 1. Hive(s) shall be registered with the Department of Agriculture and comply with Chapter 15.60 RCW and rules adopted thereunder; and 2. All hives shall consist of moveable frames and combs, unless exempted by the Department of Agriculture as an educational exhibit; and 3. Hives shall be managed for swarm prevention and gentleness; and 4. Hives shall be requeened at least bi-annually to prevent swarming. Annual requeening is strongly recommended; and 5. Hives shall be requeened if bee behavior is likely to cause a nuisance; and 6. A consistent source of water shall be provided at the apiary unless it occurs naturally within three hundred (300) yards. The water may be "sweetened" with mineral salt of chlorine to enhance its attractiveness. This requirement is intended to discourage bee visitation at swimming pools, hose bibs, animal watering sources, bird baths of where people congregate; and Apiaries shall be managed and kept in a clean and orderly manner and appearance to prevent a nuisance; and 8. An apiary(s) shall be identified by placing a sign so it is visible to passersby, Sign lettering shall be a minimum of two (2) inches in height and shall include the name, state issued identification number, and telephone number of the owner. Signs shall be placed in a manner to make them conspicuous to anyone approaching the apiary. In lieu of signing, a hive may be identified by displaying the identification number and telephone number of the owner in at least two (2) inch characters on the sides and tops of some colonies in each apiary. The characters shall be in a color which contrasts with the color of the hive(s), and be conspicuous to anyone approaching the apiary, An apiary(s) located at the owner's residence is exempt from marking requirements. D. Nuisance: Bees shall be considered a nuisance when any of the following occurs: 1. Colonies of bees are defensive or exhibit objectionable behavior, or interfere with the normal use of property, or the enjoyment of persons, animals or property adjacent to an apiary(s); or 2. Colonies of bees swarm; or 3. Hives of bees do not conform to this Code; or 4. The hive(s) becomes deceased, as defined by the Department of Agriculture; or 5. The hive(s) becomes abandoned. E. Violations: Reported or visible violations may be corrected by order of the City within which they occur according to established procedures, or by the Department of Agriculture. The City may request the services of the Department of Agriculture to investigate violations or to determine and suggest appropriate corrective measures. Penalties may be levied by the City according to local ordinance or procedures, or by the Department of Agriculture. (Ord 2108 § 7.2.11.3, 1996). Pet License Application LQ King County Pet License P111re ch rk 500 Fourth Avenue, Room 403 I~gyal le to Seattle, WA 98104 King County 206-296-2712 TTY Relay: 711 email: petlicense@ktngcounty.gov Ofd License Number Dag Spayed/ Fee (if applicable) Cat Sex Dread Color Pel's Name Neutered Microchip # (if applicable) ❑ Yes ❑ No $ ❑ Yes ❑ No $ Email First Name Last Name Phys1ral Address Unit No. Mailing Address (it different) ZIP State ZIP ❑ Yes ❑ N o l Provide proof of your pet's Ty _ pe Fee Spay/Neuter Juvenile $15.00 Show us a statement/receipt from Under 6 months, 6 months expiration. your veterinarian or clinic that did Altered (Spay/Neuter) $30.00 the surgery or examined your pet Proof Required, and can verify surgery or P id i li //Hollered $60.00 rov e prev ous cense information showing spay/neuter or Voucher for spay/neuter savings included. Provide affidavit of spay/neuter Senior Citizen $15.00 Proof citizen Is 65 or older. Proof pet is Questions? Call 206-296.2712 or go spayed or neutered. to www.kingcounty.gov/pets 1735_FB (7116) A King County pet license includes many benefits. • The Vacation Pet Alert program allows you to provide King County Pet Licensing with your pet caretaker contact information when you are away, so that the correct person can be contacted if the pet is found away from home. Register by calling 206-296-2712. • If your pet is lost, visit the Kent shelter, your closest local shelter, and call the pet information line to report a missing pet (206-296-7387). If you find a pet, call the number on the pet license tag (206-296-2712)--24 hours a day, seven days a week--to get the phone number for the owner. • The first time your pet is found, King County staff will attempt to deliver your pet to your home immediately, skipping a trip to the animal shelter. • If your licensed pet is found away from home, it will be safely cared for at the King County Animal Shelter in Kent for a longer time, while continued attempts are made to reunite you with your pet. • If the time comes, you can bring your pet to the King County Animal Shelter to be humanely euthanized with no additional charge to you, saving you the cost of this service through a veterinarian. .EPj i7•. Pet license fees support the return of lost pets to their homes and help thousands of homeless animals in King County find new families each year. Other services funded by pet licensing include animal cruelty and neglect investigations, spay/neuter programs to reduce pet over-population, and the rescue of injured animals. Regional Animal Services of King County accepts donations to the Animal Benefit Bequest Fund. For more information or to make a donation online, visit www.kingcounty.gov/pets, or call (206) 296-2712. To find a pet license sales location near you or to purchase/renew your license online, visit www.kingcounty.gov/pets or call (206) 296-2712. Just turned 65? If your pet is spayed or neutered, you may be eligible for a senior discount. To purchase a senior discount pet license, complete and mail this application, or visit a pet license sales location, or go online at www.kingcounty. gov/pets. You will need to provide proof of your age and proof that the pet is spayed or neutered. Questions? Please call (206) 296-2712 between 8:30 a.m. and 4:30 p.m. M-F. If dialing long distance, call 1 (800) 325-6165, Ext. 62712, Seattle Municipal Code City of Seattle Legislative Information Service Seattle Municipal Code Ii fot,ntcdioii relriei,edApri129,201112:50 PM Title 9 - ANIMALS' Chapter 9.25 - Animal Control Page 1 of 1 SMC 9.25.050 Animal licenses and permits generally. A, The following animal licenses shall be required: potbelly pig, miniature goat, cat, and dog licenses, guard and attack dog licenses, and exotic animal permits. B. Licenses and permits are not transferable. C. Applications for licenses and permits shall be made on forms approved by the Director and shall be accompanied by the fee set by the Animal Fee Ordinance (Seattle Municipal Code Chapter 9.26) and, in the case of male miniature goat, cat or dog licenses, proof of alteration if the animal is altered. Licenses shall be issued in the name of the owner, and shall be numbered. Licenses shall be issued for a twelve (12) month period and may include a twelve (12) month renewal. A provisional cat or dog license shall be for a six (6)-month period. Guard or Attack Dog licenses shall be issued for a twelve (12) month period only upon the applicant's compliance with Section 9.25.054. Each permit or subsequent license renewal for the same animal shall commence from the expiration date of the last valid license or permit. D. A City of Seattle animal license does not relieve the owner of the obligation to obtain any other permit or license otherwise required by local, state or federal law. (Ord. 122508 , Section 4, 2007; Ord. 119998 Section 14, 2000; Ord. 118096 Section 1, 1996; Ord. 117218 Section B, 1994; Ord. 116694 Section 6, 1993; Ord. 112335 Section 1(part), 1985.) Search for ordinances passed since the last SMC update (ordinances effective through February 181h, 2011, Ordinance 123538 except 123495) that refer to and that may amend Section 9.25.050 . note: this featrme is provided as an aid to users, but is not guaranteed to provide comprehensive information about related recent ordinances.) See also Recent Legislation and Council Bills and Ordinances. For research assistance, contact the Seattle City Clerk's Office at (206) 684-8344, or by c-mail, clerk.a seattle.pov . For interpretation or explanation of a particular SMC section, please contact the relevant City department. ❑N - 1 i t l i r- 3❑ littp://clerk.ei.seattle.wa.us/-sci-ipts/npli-bi•s.exe?s 1=9.25.050&s2=&S3=&Sect4=AND&1=... 4/29/2011