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Ordinance 11-004 Chicken Regulations CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 11-004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING ORDINANCE 07-015 AND SPOKANE VALLEY MUNICIPAL CODE SECTIONS (SVMC) 19.40.150 AMENDING REGULATIONS FOR THE KEEPING OF CHICKENS IN RESIDENTIAL AREAS. WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (UDC) pursuant to Ordinance 07-015,on the 25th day of September,2007;and WHEREAS,the UDC became effective on 28th day of October,2007; and WHEREAS, after reviewing the Environmental Checklists, the City issued a Determination of Non- significance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS at City Hall and mailed the DNS to all affected public agencies; and WHEREAS,on the 14th day of January, 2011,the City provided a copy of the proposed amendment to Washington State Department of Commerce (DOC) initiating a 60 day comment period pursuant to RCW 36.70A.106; and WHEREAS,the amendment as is set forth below bears a substantial relationship to the public health, safety and welfare,and to the protection of the environment;and WHEREAS, on the 27th day of January, 2011, the Planning Commission reviewed the proposed amendments; and WHEREAS, on the 10th day of February, 2011 the Planning Commission received evidence, information,public testimony, and a staff report and recommendation at a public hearing; and WHEREAS, on the 10th day of February, 2011 the Planning Commission deliberated; the Planning Commission provided a recommendation; and WHEREAS, the Planning Commission received no objection to the proposed amendments from the public;and WHEREAS, the Planning Commission is an advisory body to the City Council as is set forth in SVMC 18.10.050 and RCW 35.63.060;and WHEREAS,on the 22nd day of January, 2011,the City Council reviewed the proposed amendments, the recommendations by the Planning Commission and the record before the Planning Commission including the minutes of that meeting; and WHEREAS, the City Council determined that such an amendment would be consistent with the Comprehensive Plan;and WHEREAS, The amendment as is set forth below is consistent with the Land Use Residential Goals and Policies Goal LUG-1, as well as NG-2 in the Neighborhood Goals and Policies; and Ordinance 11-004 Animal Raising&Keeping Page 1 of 3 WHEREAS, the provisions set forth below are also consistent with provisions contained within land use codes of jurisdictions located in the greater Spokane region. NOW THEREFORE,THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: SVMC Chapter 19 shall be amended as follows: 19.40150 Animal raising and keeping. Where permitted, the keeping of poultry and livestock (excluding swine and chickens) is subject to the following conditions: A. The lot or tract must exceed 40,000 square feet in area; B. The keeping of swine is not permitted C. Beekeeping for noncommercial purposes is limited to 25 hives; D. 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 habitation; E. 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; F. The keeping of animals and livestock is limited as follows: 1. Not more than three horses, mules, donkeys, bovine, llama or alpacas shall be permitted per gross acre;or 2. Not more than six sheep or goats shall be permitted per gross acres; or 3. Any equivalent combination of subsection(F)(1)and(F)(2)of this section. G. Small Animals/Fowl. A maximum of one animal or fowl (excluding chickens), including , duck, turkey, goose or similar domesticated fowl, or rabbit, mink, nutria, 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 must be constructed prior to the acquisition of any small animal/fowl; and H. 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 must be kept a minimum of 20 feet from the front property line, 5 feet from side and rear property lines, and 15 feet from flanking streets. 4. Coops, hutches or similar containment structures must be kept a minimum of 25 feet from occupied structures on neighboring properties. 5. All chickens must be contained within the subject property. Ordinance 11-004 Animal Raising&Keeping Page 2 of 3 I. Structures, pens,yards, enclosures,pastures and grazing areas shall be kept in a clean and sanitary condition. Section Two: All other provisions of SVMC Title 19 and Appendix A (Definitions) not specifically referenced hereto shall remain in full force and effect. Section Three: Severability. If any section, sentence, clause or phrase of this Ordinance should 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,clause or phrase of this Ordinance. Section Four: Effective Date. This ordinance shall be in full force and effect five (5) days after the publication of the Ordinance,or a summary thereof,occurs in the official newspaper of the City as provided by law. Passed by the City Council this 22°a day of March,2011. AO Mayor,Thomas E.Towey • A T E/ .111 .16a r City Clerk,Christine Bainbridge Approved as to Form: C - —4,-m Office ut the City ttomey Date of Publication: 7–62d/./ Effective Date: [/_-, _- , / Ordinance 11-004 Animal Raising&Keeping Page 3 of 3