Adopt Ordinance Amending City Code Chapter 10 (Animals) Related to the Keeping of Non-Domestic Animals on Parcels Less Than Three (3) Acres in Size

Over the past several months, Staff has fielded an increased number of calls regarding the keeping of certain non-domestic animals on parcels less than three (3) acres in size. A majority of the questions fielded are in regard to chickens, with a few also related others such as beekeeping, pot-bellied pigs and alpacas. Along with many other non-domestic animals addressed in City Code, at least three (3) acres are needed to be eligible to maintain chickens. Others, including alpacas and honeybees, are not addressed presently in City Code at all. A case was presented at the May 8, 2012 regular City Council meeting to introduce an ordinance that would permit up to four (4) chickens on parcels between 0.25 acres and three 2.99 acres. However, City Council directed Staff to incorporate more of a sliding scale according to lot size rather than a one size fits all approach and bring the matter back for introduction at a subsequent meeting. 

As directed at the May 8, 2012 City Council meeting, the ordinance amendment bases the permitted number of chickens on lot size, with an increase of four (4) chickens per quarter acre in size, up to the existing three (3) acre threshold.  When the ordinance amendment was again presented to City Council for introduction at the May 22, 2012 meeting, there was discussion about increasing the number of chickens permitted on a parcel up to one quarter acre to six (6).  The proposed ordinance amendment has been revised slightly, again based on that discussion by the City Council, to permit six (6) chickens on a parcel up to 0.24 acres in size, eight (8) chickens on parcels between 0.25 acres and 0.49 acres, and then an additional four (4) chickens for each additional quarter acre.  It should be noted that this would only be applicable in the R-1 zoning district (single family zoning). 

The ordinance amendment specifies that only hens  (i.e., no roosters) are permitted on lots less than three (3) acres; once at three (3) or more acres, it reverts to the existing regulations which do not specifically prohibit roosters. On larger acreage, it may be possible that animal owners are more interested in breeding, which requires a rooster. Egg production does not require fertilization by a rooster. No changes are being proposed for parcels three (3) acres in size or greater other than to include alpacas in the table of animals and animal units (similar to a llama). 

The ordinance amendment also incorporates provisions for beekeeping within the community, which is something that City Code does not presently address. These standards include requiring a conditional use permit to keep up to six (6) hives on a property, as well as requiring fly-ways, setbacks from property lines and habitable structures, and concerns with possible swarming or aggressiveness.

Chapter 10 of the City Code (Animals) is not found as part of the Zoning or Subdivision Code, and therefore is not required to be reviewed by the Planning Commission.  The proposed ordinance was introduced at the May 22, 2012 City Council meeting and is now eligible for adoption.

Staff recommends that the City Council adopt the ordinance to amend City Code Chapter 10 (Animals) to reduce the minimum lot size threshold to maintain chickens and provide proper standards for allowing for bee keeping in certain circumstances.

Preparation of the Ordinance is being handled as part of regular Staff duties.

Motion to waive the Charter requirement to read the ordinance aloud -AND- adopt the ordinance to amend Chapter 10 of City Code reducing the minimum lot size threshold to maintain chickens and provide proper standards for allowing bee keeping in certain circumstances..

Roll Call Vote:

Councilmember Elvig
Councilmember McGlone
Councilmember Wise
Councilmember Strommen
Councilmember Backous
Councilmember Tossey
Mayor Ramsey