Planning Commission

AGENDA ITEM SUMMARY December 17, 2012 To: Eugene Planning Commission From: Kristie Brown, Building & Permit Services Division Subject: Land Use Code Amendments: Urban Animal Keeping Standards (City File CA 12‐2) ACTION REQUESTED Deliberate and provide a recommendation to City Council on a package of land use code amendments related to urban animal keeping standards (formerly referred to as farm animal standards). BRIEFING STATEMENT The Planning Commission held a public hearing on December 11, 2012 to consider the proposed land use code amendments. The Planning Commission left the public hearing record open until 5:00 p.m. on December 12, 2012, and identified several questions or requests for further information from staff. A total of four people provided written testimony prior to the close of the public hearing record. That testimony is provided as Attachment A. BACKGROUND The purpose of these amendments is to make changes and clarifications to the land use code (Eugene Code Chapter 9) which will help increase opportunities for urban farming on residential lands within the city limits. The amendments proposes the following: • Increase in the number of allowed chickens, rabbits, and other fowl. • Allows 2 miniature goats, 1 miniature pig, and 2 beehives. • Clarify and strengthen the requirements on sanitation, fencing, enclosures, and setbacks. • Allows for harvesting of only chickens, fowl, or rabbits on site. Deliberations To assist with deliberations, staff has attached copies of the draft proposed code language. Staff made some slight revisions to the amendments related to fencing and bees, based on input received at the public hearing. In the fencing requirement, the term “development” was removed to allow for neighbors to share outdoor space on a site that’s adjacent to the animal owner, while still confining the animals. In the requirements for bees, to make clear that the setback is intended as a minimum, the language “at least” was added to the setback requirement. Other revisions requested by the Planning Commission, are as follows: 1. Under Sanitation, consider defining “enclosed” compost containers or bins: To address this concern, staff revised the proposed code language to include “a container or bin enclosed on all sides and covered to deter rodents, flies, and other pests.” PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 1  2. Under Animals Allowed, consider a sliding scale for the amount of animals allowed on development sites less than 20,000 square feet. The following options are provided in response to public testimony and comments from the Planning Commissioners. Option 1: This option would first limit a property to 2 of the 5 available animal categories (of their choice). However, it would allow greater flexibility for someone who wants to concentrate on one animal type, by allowing them up to twice the allowable number in 1 animal category, provided they had no other animals. For example, someone could choose to have 6 chickens and 2 miniature goats, or as an alternative, they could have 12 chickens. Option 2: This option is a further refinement of option 1, in that it would restrict someone from doubling the allowable number of larger animals (miniature goats and pigs). As a result, someone could choose to have 6 chickens and 2 miniature goats, or as an alternative, 12 chickens. But they could not have 4 miniature goats. Option 3: This option would provide the same limit as options 1 and 2 regarding a maximum of 2 available animal categories, but would not allow any increase in the maximum number. Staff provided these options based on the testimony, however, staff does not recommend a change to the proposed code language. The proposed code language would allow a greater number of animals, but it also provides the most diversity for urban farmers. The standards are performance based, so even with the possibility of more animals on a site they will still have to meet the outcomes. Staff also believes these options will be very confusing to implement. 3. Under Animals Allowed, consider limiting the maximum number of chickens allowed on lots 20,000 square feet or greater. The following options are based on the comments from the Planning Commissioners. Option 1: On development sites 20,000 square feet or greater, the number of female chickens, rabbits, or domestic fowl over six months of age is based on a minimum area requirement of one animal per 1,000 square feet. Option 2: A development site 20,000 square feet is allowed 12 female chickens, rabbits, or domestic fowl over six months of age. Any additional animals would be allowed based on the area of the lot over 20,000 square feet at a minimum area requirement of one animal per 1,000 square feet. Staff does not recommend a change to the proposed code language, because there were no concerns raised by stakeholders, including OSU extension staff. In addition, there haven’t been any existing problems with the current code, which already allows unlimited chickens, rabbits, and domestic fowl on lots greater than 20,000 square feet. The Planning Commission also requested additional information on the following topics. Staff hopes that this will address the Planning Commission’s concerns, but will be prepared to talk about these in greater depth if needed. PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 2  1. Notification process: The process of getting neighbor approval for the keeping of animals creates many logistical problems, since no permit or licensing is proposed. The development of these standards is an attempt to balance neighborhood impact and concerns. 2. Public health issues: The Environmental Health section of Lane County Health and Human Services confirmed that they do not have any regulations related to farm animals and sanitation. Also, no concerns were raised by the OSU extension staff. 3. Bee hive height: Although there is not limit on the height of bee hives, from a practical standpoint, the height would need to be within a manageable height for the beekeeper. In our research the most we’ve seen is 4‐5 boxes, which is typically less than 5 feet in height. We did not find any other jurisdictions that regulated height of hives. 4. Noise nuisance example: Typically the noise nuisances we’ve enforced on are construction related and we’ve had one that was a large water feature. Staff would like clarify one item stated at the public hearing. Individuals can remain anonymous if they submit complaints to their Neighborhood Association who then submits them on their behalf; otherwise they can submit a confidential complaint in writing or on‐line. Given the busy agenda for December 17 and the city council hearing schedule, staff requests that the Planning Commission forward any proposed changes in advance of the deliberations. Such changes can be conceptual in nature (as opposed to specific code language). For several of the topics listed above, staff believes that the issues can be resolved through simple clarification or revision. Following Planning Commission’s recommendation, the amendments will be the subject of a public hearing before the City Council on January 22, 2013, followed by action in February, 2013. RECOMMENDATION Staff recommends that the Planning Commission recommends approval on the package of code amendments. FOR MORE INFORMATION Kristie Brown, 541‐682‐6041 or kristie.a.brown@ci.eugene.or.us ATTACHMENTS A. Written Testimony submitted on 12/12/12, after public hearing: 1. Letter from Susan Thomas 2. Letter from Brad Foster 3. Letter from Sherry Wellborn 4. Letter from Bill Bezuk B. Proposed Urban Animal Keeping Code Language PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 3  ATTACHMENT A - Page 1 PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 4  ATTACHMENT A - Page 2 PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 5  ATTACHMENT A - Page 3 PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 6  ATTACHMENT A - Page 4 PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 7  ATTACHMENT A - Page 5 PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 8  ATTACHMENT B – Page 1 PROPOSED CODE LANGUAGE Urban Animal Keeping Standards December 14, 2012 9.5250 Urban Animal Keeping Standards. (1) Purpose. The purpose of these standards is to allow for increased opportunities for residential urban animal keeping and farming within the city limits, while encouraging compatibility within the urban environment. Animal keeping is the practice of raising domesticated animals that are used primarily as food or product sources. (2) Application of Standards. In addition to applicable provisions contained elsewhere in this land use code, where this land use code allows Urban Animal Keeping, all of the following standards apply. (3) General Standards. (a) Animals not addressed in this section are not permitted under the “Urban Animal Keeping” use category. (b) Except for an animal kept on‐site by an educational or religious institution, the person responsible for keeping an animal shall reside on or adjacent to the development site on which the animal is kept. (c) In addition to applicable provisions contained in this land use code, the keeping of one or more animals under these provisions shall also comply with all other applicable provisions of the Eugene Code, including but not limited to sections 4.083 through 4.084 Noise Disturbance, section 4.335 Animal Abuse, section 4.340 Animal Neglect, and section 4.430 Continuous Annoyance. (4) Animals Allowed. (a) On development sites of less than 20,000 square feet and located in a zone that allows “Urban Animal Keeping”, all of the following are allowed: 1. Female Chickens. Up to 6 female chickens over six months of age. 2. Rabbits and Domestic Fowl. Up to a total of 6 of any combination of rabbits or domestic fowl over six months of age, not including chickens. Examples of permitted domestic fowl are quails, pheasants, or ducks. Roosters, geese, peacocks, and turkeys are prohibited. 3. Miniature Goats. Up to 2 miniature goats, commonly known as pygmy, dwarf, and miniature goats, provided that the males are neutered. 4. Miniature Pig. No more than one miniature pig, up to 150 pounds in weight. 5. Bees. Up to 2 hives used for honey or pollination purposes, provided that they are located at least 15 feet from all property lines and a sufficient water source is provided on site. PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 9  ATTACHMENT B – Page 2 (b) On development sites 20,000 square feet or greater and located in a zone that allows “Urban Animal Keeping”, all of the following are allowed: 1. Chickens, Rabbits, and Domestic Fowl. There is no limit on the number of female chickens, rabbits, or domestic fowl. Examples of permitted domestic fowl are quails, pheasants, or ducks. Roosters, geese, peacocks, and turkeys are prohibited. 2. Miniature Goats. Up to 2 miniature goats, commonly known as pygmy, dwarf, and miniature goats, provided that the males are neutered. Additional miniature goats are allowed subject to the area requirement in section (8) below. 3. Miniature Pig. No more than one miniature pig, up to 150 pounds in weight. 4. Bees. No more than 4 hives used for honey or pollination purposes, provided that they are located at least 25 feet from all property lines and a sufficient water source is provided on site. 5. Cows, miniature cows, horses, miniature horses, sheep, goats, emus, alpacas, and llamas. Limited by the area requirement in section (8) below. (5) Sanitation. Proper sanitation shall be maintained for all animals at all times to prevent any condition which may be dangerous or detrimental to the health of the public or animals, or constitute a nuisance, which includes all of the following: (a) Disposing of animal waste matter and remnants not allowing it to accumulate; (b) Compost piles that contain animal waste matter shall be located 5 feet from all property lines and be within an enclosed container or bin; (c) Ensuring odors resulting from the animals are not detectable beyond property lines; and (d) Storing all animal food in metal or other pest‐proof containers. (6) Fencing. Fencing is required and shall be designed and constructed to confine all animals to the site on which the animal is kept. The fence location and height are those required for fences in the applicable base and overlay zone. (7) Enclosures. (a) An enclosure is required and shall be designed and constructed to provide shelter from the weather for all animals kept outdoors on the development site. (b) The enclosure shall be roofed and have at least two solid sides. (c) The enclosure shall comply with the required height for accessory structures in the applicable base and overlay zone. (d) All structures designed and used to provide shelter for all animals shall be located at least 10 feet from all lot lines. (8) Area Requirement for Animals. Minimum area of development site per animal over 6 months of age is as follows: (a) A cow or a horse: 10,000 square feet per animal. PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 10  ATTACHMENT B – Page 3 (b) A miniature cow, a miniature horse, a sheep, a miniature goat, a goat, an emu, an alpaca, and a llama: 5,000 square feet per animal. (9) Harvesting. (a) Only chickens, fowl, or rabbits can be harvested. (b) Harvesting shall occur only on the development site on which the animals are kept, and shall not occur in view from any public area or any adjacent property owned by another. (c) Harvesting shall be done in a humane and sanitary manner. (d) No commercial slaughterhouse shall be allowed. (10) Enforcement. Failure to adhere to the standards required under this section shall constitute a violation subject to the enforcement provisions of section 9.0000 through 9.0280 General Administration. Authority to Enforce Chapter 4 Through Planning and Development Enforcement Staff 4.996 Administrative Civil Penalty. (5) In addition to, and not in lieu of any other enforcement mechanism authorized by this code the city manager or designee may impose upon the person responsible for violation of sections 4.083 through 4.084, section 4.335, section 4.340 and section 4.430 of this code, an administrative civil penalty as provided by section 2.018 of this code. PC AIS: URBAN ANIMAL KEEPING CODE AMENDMENTS, December 17, 2012 - Page 11