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Ordinance 15-010 Beekeeping CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 15-010 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE 19.40.150, ANIMAL RAISING AND KEEPING BY ADDING BEEKEEPING REQUIREMENTS, CLARIFYING VARIOUS TERMINOLOGY, AND PROHIBITING THE KEEPING OF NUTRIA; AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code(SVMC)Title 19, pursuant to Ordinance 07-015; and WHEREAS, on October 28, 2007, SVMC Title 19 became effective; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, on January 30 and February 6, 2015, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on February 5, 2015, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on February 12,2015,the Planning Commission held a study session; and WHEREAS, on February 26, 2015, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations and provided a recommendation; and WHEREAS, on March 12, 2015, the Planning Commission approved the findings and recommendations; and WHEREAS, on March 17,2015, City Council reviewed the proposed amendment; and WHEREAS, on April 14, 2015, City Council considered a first ordinance reading to adopt the proposed amendment; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC 19.40.150, as amended, bears a substantial relation to the public health, safety and welfare,and protection of the environment. NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend SVMC 19.40.150 by adding beekeeping requirements, clarifying various terminology and prohibiting the keeping of nutria. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the amendments and Ordinance 15-010 Beekeeping Page 1 of 5 recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County-Wide Planning Policies, set forth below. 1. Land Use Policy LUP-1.1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. 2. Land Use Policy-13.1: Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. 3. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. 4. Economic Policy EDP-7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. 5. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. 6. Neighborhood Goal NG-2: Preserve and protect the character and quality of life of Spokane Valley's residential neighborhoods. 7. Neighborhood Policy-NP-2.1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. 8. Neighborhood Policy-NP-2.4: Encourage the dedication of open spaces for local food production in and adjacent to residential areas. 9. Neighborhood Policy-NP-2.6: Encourage community gardens in residential areas. C. Conclusions 1. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. 2. The proposed City-initiated Code text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in SVMC 17.80.150(F). 3. The GMA requires that the City's Comprehensive Plan and development regulations shall be subject to continuing review and evaluation by the City. Ordinance 15-010 Beekeeping Page 2 of 5 Section 3. Amendment. Spokane Valley Municipal Code section I9.40.150 is hereby amended as follows: 19.40.150 Animal raising and keeping. Where permitted, the keeping of poultry and livestock (excluding swine and chickens) is subject to the following conditions: A. Minimum Lot Requirements. 1. In residential zones,the lot or tract shall exceed 40,000 square feet in area, except as set forth in SVMC 19.40.150(G)and(I), below; 2. In mixed-use zones, on lots or tracts with legally established residential uses that exceed 40,000 square feet. B. The keeping of swine is not permitted; C. Any building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located not less than 75 feet from any dwelling; D.No building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located within the front yard nor be closer than 10 feet from any side property line; E. The keeping of animals and livestock is limited as follows: 1. Not more than three horses, mules, donkeys, bovines, llamas or alpacas shall be permitted per gross acre; or 2. Not more than six sheep or goats shall be permitted per gross acre; or 3. Any equivalent combination of SVMC 19.40.150(E)(1) and(E)(2),above; F. Small Animals/Fowl. A maximum of one animal or fowl (excluding chickens), including duck, turkey, goose or similar domesticated fowl, or rabbit, mink, , chinchilla or similar animal, may be raised or kept per 3,000 square feet of gross lot area. In addition, a shed, coop, hutch or similar containment structure shall be constructed prior to the acquisition of any small animal/fowl; G. In residential areas,the keeping of chickens is subject to the following conditions: 1. A maximum of one chicken may be raised or kept per 2,000 gross square feet of lot area,with a maximum of 25 birds allowed; 2. The keeping of roosters is prohibited; 3. Coops, hutches, or similar containment structures shall be kept a minimum of 20 feet from the front property line, five feet from side and rear property lines, and 15 feet from flanking streets; Ordinance 15-010 Beekeeping Page 3 of 5 4. Coops, hutches, or similar containment structures shall be kept a minimum of 25 feet from dwellings on neighboring properties; and 5. All chickens shall be contained within the subject property. H. Structures, pens, yards, enclosures, pastures and grazing areas shall be kept in a clean and sanitary condition. I. In residential areas,beekeeping is subject to the following conditions: 1. The number of beehives shall be limited to one beehive per 4,356 gross square feet of lot area. 2. Beehives shall be set back a minimum of five feet from a side or rear property line and 20 feet from the front or flanking street property line. 3. A flyaway barrier shall be provided that shall be at least six feet high and consisting of a solid wall, solid fencing material, dense vegetation or combination thereof, that is parallel to the side or rear property line(s) and extends beyond the beehive(s) in each direction that bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the beehives. 4. Beekeepers shall maintain an adequate supply of water for bees located close to the hives. 5. The beekeeper shall be certified by the Washington State Beekeeper's Association. Section 4. Other sections unchanged. All other provisions of Chapters 19.140 not specifically referenced hereto shall remain in full force and effect. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this 28th day of April, 2015. Dean Grafos, Mayor -"- ATTEST. 111 Christine Bainbridge, City Clerk Ordinance 15-010 Beekeeping Page 4 of 5 Approved As To Form: Office oft dtity AttorMy Date of Publication: S- l - 2-c t Effective Date: Ordinance 15-010 Beekeeping Page 5 of 5