Chapter 8.08 KEEPING OF FOWL AND DOMESTIC ANIMALS

Transcription

1 Chapter 8.08 KEEPING OF FOWL AND DOMESTIC ANIMALS Sections: Keeping of fowl and rabbitssmall farm animals Keeping of hogs and goats Keeping of certain domesticlarge farm animals Keeping of bees Domestic animals running at large restricted Animal sanitation in public places Violation Punishment Keeping of fowl and rabbitssmall farm animals. The keeping of small farm animals, includingit is unlawful for any person to keep chickens, geese, ducks or other domestic fowl, and rabbits, and miniature goats, is permitted subject to the following standards. 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. (1) The maximum number of all fowl permitted accessory to a residence shall be: a. one per 1,000 square feet of lot area, up to a maximum of 10, on lots less than ½ acre. b. One per 1,000 square feet of lot area, up to a maximum of 20, on lots greater than ½ acre. (2) Roosters, peafowl, and exotic species are prohibited. (3) Rabbits kept in accordance with the recommendations of the American Rabbit Breeders Association (ARBA) and a minimum three and one half square feet of hutch space per rabbit up to a maximum of two dozen rabbits. (4) Structures housing domestic fowl or rabbits must be located and designed as follows:

2 a. Located ten feet away from property lines. b. Designed to prevent rodents by incorporation of one of the following: i. Raising the floor area eight to twelve inches above grade; ii. Portable pens moved every few days with cleanup of ground; or iii. Other techniques that have similar results. (5) Miniature goats commonly known as pygmy, dwarf and miniature goats provided: a. Male miniature goats are neutered; b. Lots accommodating miniature goats must be a minimum of 6,000 square feet and may be allowed at a ratio of two miniature goats per 10,000 square feet of property 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 Keeping of large farm animals. The keeping of large farm animals is permitted on properties over one acre, provided that the property contains a minimum of one half acre of lot area available as pasture, yard, or stall space for each such animal in any combination. Any pen or building shall be located at least 100 feet from the nearest portion of any residence, dwelling, hotel, apartment house, or rooming house, now existing and hereafter constructed, owned by any other person within the city Keeping of bees. The keeping of bees is permitted subject to the following criteria. (1) Beekeeping may include honey bees, mason bees, cutter bees, cavity nesting bees or similar bees used for honey or pollination purposes. (2) Honey bees must be registered with the State Department of Agriculture according to provisions of RCW and meet the following restrictions:

3 a. A maximum of two honey bee hives on property up to one quarter acre, or up to four hives on property one quarter to one acre, plus two hives per additional acre, is permitted as an accessory use to a single family home; b. Honey bee hives shall not be located within twenty five feet of any lot line, provided this distance may be reduced to ten feet if strategies are employed to require bees to gain elevation before crossing the property line. This may include elevation changes, solid fencing or other techniques that can achieve this objective. (3) Area housing bee varieties other than honey bees must be a minimum of ten feet from adjacent properties and limited in size appropriate for pollination of the owner s lot Keeping of certain domestic animals. It is unlawful for any person to keep any other domestic animals other than dogs and cats in any pen or building within a distance of 100 feet from the nearest portion of any residence, dwelling, hotel, apartment house, or rooming house, now existing and hereafter constructed, owned by any other person within the city; and the keeping of any other domestic animals other than dogs and cats as aforesaid is hereby declared to be a public nuisance Domestic animals running at large restricted. It is unlawful for any person owning or having the charge and control of any of the domestic animals as defined in PMC , and to permit the same to run at large upon any of the streets, alleys or public places within the corporate limits of the city Animal sanitation in public places. Where any animal, with the exception of domestic cats, deposits any fecal matter upon any public sidewalk, street, alley or within any city park, playground, or cemetery, or upon any other public place, the keeper of said animal shall remove and dispose of such fecal matter before the keeper of the animal leaves the immediate area where the fecal matter was deposited. For purposes of this section, the keeper of an animal shall mean the person who has immediate possession and control of the animal while the animal is on public property as set forth above Violation Punishment. A violation of any section within this chapter shall be punishable as a civil infraction. The base penalty for a civil infraction issued for violating a section of this chapter shall be as follows:

4 (1) First violation: $25.00, unless a person or domestic animal suffers physical harm as a result of the violation then $250.00; (2) Second violation: $125.00, unless a person or domestic animal suffers physical harm as a result of the violation then $250.00; and (3) Third violation and all subsequent violations: $

5 Chapter DEFINITIONS Agricultural activity means a condition or activity which occurs in connection with the production of farm products, either for personal consumption or sale, and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement including, but not limited to, use of current road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plan protection products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, greenhouses, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses; and conversion from one agricultural activity to another. Agricultural production use means an intensive agricultural use that is conducted primarily within a structure or enclosed area and may be associated with odors or noise perceptible beyond the property boundaries. Typical uses include feed lots, greenhouse operations, poultry farms and fish hatcheries. Agricultural support use means a use that provides a service or sells commodities for use by agricultural activities. Typical uses include farm equipment sales and repair, farm material sales such as grain, feed and fertilizer, and small scale farm product processing such as cider mills, dairies, poultry or meat processing, where no more than five persons are employed. Agricultural use means a use that involves the production of crops, food, fiber, ornamental plants, trees and other natural vegetation, and the grazing and raising of livestock. Typical uses include flower bulb and flower farms, farm residences, truck farms, tree farms and open fields for grazing. Community garden means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members. Generally accepted agricultural and best management practices means sound, economically feasible farming techniques and best management practices as defined and/or recommended by the American

6 Society of Agronomy, United States Department of Agriculture Soil Conservation Service, Washington State Cooperative Extension Service, and other professional or industrial agricultural organizations. Horticultural activity means the raising of plants for the use of the plants or their products, generally for food production, but may also include ornamental uses; examples include vegetable raising, P Patch community gardens, raising flowers, orchards, vineyards and similar activities. Large farm animal means varieties of large animals used in urban agricultural activities for production of food, their products, or use such as cows, sheep, goats, horses, swine and other similar sized farm animals. Miniature varieties of farm animals such as pygmy goats shall not be considered large farm animals. Limited animal husbandry means the keeping of animals for the use or the sale of their products, such as meat, milk or eggs. Examples of animal husbandry uses are raising poultry for eggs and meat, raising rabbits for meat, keeping goats or cows for milk or meat, keeping bees for honey or pollination of plants and other similar activities. Small farm animal means varieties of small animals used in urban agricultural activities for production of food, their products, or use such as domestic fowl, rabbits, miniature goats, and beekeeping. Urban agriculture means and includes a range of agricultural activities at various intensities. Agricultural activities falling under this definition include both Horticulture and Limited Animal Husbandry uses. Urban Agriculture is permitted under limitations considering compatibility with other land uses in the context of the urban environment and associated land use/zoning designations.

7 Chapter RS SINGLE-FAMILY RESIDENTIAL ZONES Permitted uses RS single family residential zones. The following uses are permitted for all RS single family residential zones unless otherwise specified: (1) One single family dwelling on each lot. (6) The keeping of domestic livestock and animals including, but not necessarily limited to, horses, cows, and goats; provided, that the property contains a minimum of 40,000 square feet of lot area available as pasture, yard, or stall space for each such animal in any combination. Urban agricultural activities on lots less than one acres in size are permitted as an accessory use to a residence as follows: (a) Horticultural activity for personal use and incidental sales or distribution on site and off site at a farmers market or approved retail area. (b) Limited animal husbandry of small farm animals for personal use, including domestic fowl and rabbits, miniature goats, and beekeeping, subject to the provisions of PMC (7) Urban agricultural activities on lots one acre or greater in size are permitted [as an accessory use to a residence] as follows: (a) All uses permitted under (6)(a) and (b); (b) Large farm animals, including cows, horses, sheep and hogs, subject to the provisions of PMC (8) Community gardens, not to exceed one acre in size, subject to the following standards and criteria: (a) Limited animal husbandry of small farm animals is allowed; site; (b) The proposed use does not negatively impact sensitive areas on or adjacent to the subject (c) The proposed use will not result in excessive noise or emissions that are not typically associated with operation of household mechanical equipment; (d) On site parking needs, if any, are addressed; (e) On site contaminated soils, if any, are addressed; and (f) A set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, security requirements, and the name and contact information of the garden coordinator, shall be kept on file with the Development Services Department.

8 Chapter RM MULTIPLE-FAMILY RESIDENTIAL ZONES Permitted uses RM multiple family residential zones. The following uses are permitted for all RM multiple family residential zones unless otherwise specified:... (22) Urban agricultural activities on lots less than one acre in size are permitted as follows (a) Horticultural activity for personal use and incidental sales or distribution on site and off site at a farmers market or approved retail area. (b) Limited animal husbandry of small farm animals for personal use, including domestic fowl and rabbits, miniature goats, and beekeeping, subject to the provisions of PMC (23) Urban agricultural activities on lots one acre or greater in size are permitted [as an accessory use to a residence] as follows: (a) All uses permitted under (6)(a) and (b); (b) Large farm animals, including cows, horses, sheep and hogs, subject to the provisions of PMC (24) Community gardens, not to exceed one acre in size, subject to the following standards and criteria: (a) Limited animal husbandry of small farm animals is allowed; site; (b) The proposed use does not negatively impact sensitive areas on or adjacent to the subject (c) The proposed use will not result in excessive noise or emissions that are not typically associated with operation of household mechanical equipment; (d) On site parking needs, if any, are addressed; (e) On site contaminated soils, if any, are addressed; and (f) A set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, security requirements, and the name and contact information of the garden coordinator, shall be kept on file with the Development Services Department.

9 Chapter M MANUFACTURING ZONES Table Permitted and Conditionally Permitted Uses M Zones MP ML MR (25) Independent day care facilities CUP CUP CUP (26) Adult entertainment CUP CUP (27) Accessory retail sale of products typically associated with a principal permitted use (28) Accessory (on premises) employee cafeterias or auditoriums (29) Offices, corporate and general (30) Quarries and mines of sand, gravel and other material (31) Electric vehicle infrastructure P P P P P P CUP CUP P P P (32) Storage units P P (33) Urban agricultural activities P P xx Urban agricultural activities. (1) Urban agricultural activities on lots less than one acre in size are permitted as follows: (a) Horticultural activity for personal use and incidental sales or distribution on site and off site at a farmers market or approved retail area.

10 (b) Limited animal husbandry of small farm animals for personal use, including domestic fowl and rabbits, miniature goats, and beekeeping, subject to the provisions of PMC (2) Urban agricultural activities on lots one acre or greater in size are permitted as follows: (a) All uses permitted under (6)(a) and (b); (b) Large farm animals, including cows, horses, sheep and hogs, subject to the provisions of PMC (3) Community gardens, not to exceed one acre in size, subject to the following standards and criteria: (a) Limited animal husbandry of small farm animals is allowed; site; (b) The proposed use does not negatively impact sensitive areas on or adjacent to the subject (c) The proposed use will not result in excessive noise or emissions that are not typically associated with operation of household mechanical equipment; (d) On site parking needs, if any, are addressed; (e) On site contaminated soils, if any, are addressed; and (f) A set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, security requirements, and the name and contact information of the garden coordinator, shall be kept on file with the Development Services Department.

11 Chapter HOME OCCUPATIONS Performance standards. All home occupations shall be subject to the following performance standards: (1) A home occupation shall be conducted in a dwelling or accessory building and shall be clearly incidental and secondary to the use of the structure(s) and property as primarily residential. No such home occupation shall occupy a floor area greater than 25 percent of the total enclosed floor area of the structures on the property. Retail sales of items not produced on the premises shall be allowed only if clearly incidental to the primary function of the home occupation. Urban agriculture activities meeting the criteria of PMC or are exempt from this standard. (2) In no way shall the appearance of the structure or premises and properties be so altered, or the conduct of the occupation within the structure be such that the structure or premises may be reasonably recognized as serving the home occupation. Such alteration or conduct shall include but not be limited to color, materials, construction, lighting, signs, sounds, noises, storage of construction equipment, vehicle parking areas, radio or television interference, vibrations, smoke, odors, and/or display of equipment or materials; provided, that this subsection shall not preclude the placement of one nameplate, mounted flush against the wall of the residence, stating the name of the home occupation. Urban agriculture activities meeting the criteria of PMC or are exempt from this standard.