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HomeMy WebLinkAbout2010-02-08 10-061A ORDINANCECOUNCIL ACTION Item No. I 0 0 6 1 A I Date: 2/8/10 Item/Subject: Ordinance, Amending Chapter 65 - Domestic Chickens Responsible Department: Code Enforcement Commentary: This amendment allows the owners and residents of properties in residential zones to keep up to six (6) laying hens for egg production. The ordinance is based on the successful ordinances passed in other communities that have allowed small residential bird flocks, most notably Portland and South Portland. Both communities provided guidance and some level of assurance the proposal would work. We received significant input from a number of citizens and incorporated some but not all of their suggestions. The draft ordinance attached represents the citizen input we received and the staff's consensus for safety, health and insuring the quality of life in our residential neighborhoods. Given the number of times this has been discussed and reviewed at the Infrastructure Committee, this appears for First Reading only and is not scheduled to return to Committee. Formal Council action would be anticipated on February 22"d -Ft+ fS T -TEM Ae,---d-S — . A"tvi ENb eb QY JGl6G7J `&7711 11) Manager's Comments: Department Head City Manager Associated Information: Ordinance, Memo Budget Approval: Legal Approval: Introduced for Passage x First Reading Referral Page _ of _ Finance Director City Solicitor 10 061A Assigned to Councilor - Hawes February 8, 2010 GI`fY OF BANGOR r (TITLE.) Ordinance, Amending Chapter 65 — Domestic Chickens BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT CHAPTER 65 IS AMENDED BY ADDING: 65.11.A Purpose. Notwithstanding Sections 65-10 and 65-11 above domesticated chickens may be kept at a residential property in accordance with this section. The purpose of this article is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a non-commercial basis while limiting the potential adverse impacts on the surrounding neighborhood. The City recognizes that adverse neighborhogd impacts may result from the keel2ing of domesticated chickens as a result of noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects, or parasites, and non -confined animals leaving the owner's property. This article is intended to create licensing standards and requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the roperty on which the chickens are kept. 65.11.1.6 Permit Required. An annual Dermit is reauired for the keeoina of any domesticated chickens in the City of Bangor. Additionally, a building permit is required for the construction of a henhouse and chicken pen. The annual permit to kee 2 chickens is issued to the permittee and not be assigned. If the applicant does not own the subiect Droperty, then the landowner must be co -applicant. The first permit year shall be April 1, 2010 through December 31, 2010. Thereafter the permit year shall be January 1 through December 31. In the first permit Year, no more than ten (10) permits shall be issued. In each subsequent permit year 10 more permits may be issued in addition to renewals of previously issued pgrmits. Permits shall be issued, based on the chronological order in which they gre received. IN CITY COUNCIL February 8, 2010 First Reading r / IlU' A' �Ml� IN CITY COUNCIL February 22, 2010 Motion Made and Seconded for Passage Motion Made and Seconded to Table Vote: 7-2 Councilors Voting Yes: Bronson, Gratwick, Hawes, Nealley, Stone, Weston & Wheeler Councilors Voting No: Blanchette & Palmer Tabled DEPUTY CITY CLERK / r . .. ORDINANCE (TITLE, Ampnding Chanter 65 - Domestic Assigned to Councilor`]12 pr, l0 061A 65.11.1.0 Fees. The fee for an annual permit to keep chickens is thirty-one dollars ($31.00). In addition, a building permit shall be required for the construction of a henhouse and chicken pen. The permit shall be renewed on or before January 1 of each year. 65.11.1.D Location, Number and Type of Chickens Allowed. (a) The maximum number of chickens allowed is six (6) per lot regardless of how many dwelling units are on the lot. In the case of residential condominium complexes, the maximum number of chickens allowed is six (6)per complex and the applicant must provide evidence in writing that all owners of the condominium complex and/or the condominium association approve of the chickens. (b) Only female chickens are allowed. There is no restriction on chicken species. 65.11.1,E Non -Commercial Use Only. Chickens shall be kept as Qets and for personal use nl • no person shall sell eggs, chicken manure, or engage in chicken breeding or fertilizer production for commercial purposes. The slaughtering of chickens at the residential property is prohibited. 65.11.1.F Encllo ures. (a) Chickens must be kept in a henhouse or pen enclosure at all times. During daylight hours, chickens may be allowed outside of their henhouse in a securely fenced pen enclosure if supervised. Chickens shall be secured within the henhouse during non - daylight hours. Supervised means that a responsible party is on the premises. (b) Henhouses and pen enclosures must be clean, dry, and odor -free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact. c The hen house and pen enclosure must provide adequate ventilation and adequate sun and shade and must both be impermeable to rodents, wild birds, and predators, including dggs and cats. (d) Henhouses. (1) A henhouse shall be provided and shall be designed to provide safe and healthy living conditions for the chickens while minimizing. adverse impacts to other residents in the neighborhood. 10 061A (a) The structures shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird -proof wire of less than one (1) inch openings. (b) Living area. Henhouse must provide a minimum of 4 square feet of floor area per hen. (c) The materials used in making the structure shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse shall be well- maintained. (d)The structure shall be painted; the color shall be uniform around the structure and shall be in harmony with the surrounding area. (2) Henhouses shall only be located in the rear yard, behind the residential structure. In no case may a henhouse or be placed closer than 20 feet to any abutting property line. (e) Chicken Pens. W An enclosed chicken pen must be provided consisting of sturdy wire fencing buried at least 12" in the ground, or affixed to bedrock. The pen must be covered with wire, aviary netting, or solid roofing. The use of chicken wire is permitted if the wire is 19 gauge or heavier. (2j Enclosed pens must provide a minimum of 10 square feet of ground space per hen. (3) In no case shall any chicken pen be closer than 20 feet to any abutting prom& line, nor shall it be located in the front yard of a property. 65.1i.i.G Odor and Noise Impacts. (a) Odors from chickens, chicken manure, or other chicken -related substances shall not be perceptible at the property boundaries. Perceptible noise from chickens shall not be loud enough at the propg& boundaries to disturb persons of reasonable sensitivity. 10 061A 65.11.1.H Lighting. Only motion -activated lighting may bg used to light the exterior of the henhouse. 65.11.1.I Predators, Rodents, Insects and Parasites. The property owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation shall be removed by the Animal Control Officer. 65,11.1.3 Feed and Water. Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators. 65.11.1.K Waste Storage and Removal. Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner. 65.11.1.L Application for Permit. Every applicant for a permit to keep domesticated chickens shall: (a) Complete and file an application on a form prescribed by the Code Enforcement Officer. The application shall include a scaled plotIp_an detailing the location of the proposed hen house and fenced in pen enclosure, as well as specifications of the type of wire and netting to be utilized in the hen house and pen enclosure. (b) Deposit the prescribed permit fee with the Code Enforcement office at the time the application is filed. (c) Any material misstatement or omission shall be grounds for denial, suspension or revocation of the permit. 0 061A 65.11.1.M Aonroval of Permit. The Code Enforcement Officer shall issue a hermit within 10 business days from the date of application, if the applicant has demonstrated comRliance with the criteria and standards in this article. .11.1.N Denial. en i n or Revogation of Permit. The Code Enforcement Officer shall deny a permit if the applicant has not demonstrated compliance with all provisions of this article. A permit to keep domesticated chickens may be suspended or revoked by the Code Enforcement Officer where there is a risk to public health or safety or for any violation of or failure to comply with any of the provisions of this article or with the provisions of any other ordinance or law. Any denial, revocation or suspension of a permit shall be in writing and shall include notification of the right to and 12rocedure for appeal. 65.11.1.0 Appeal. A person appealing the issuance, denial, suspension or revocation of a permit by the Code Enforcement Officer may appeal to the Board of Appeals within thirty (30) days of the decision being rendered. 65.11.1.P Removal of Chickens. In addition to the penalty stated in 65-14, any violation of the provisions of this article or of the permit shall be grounds for an order from the Code Enforcement Officer to remove the chickens and the chicken -related structures. The Health Inspector, Health Officer, or Animal Control Officer may also order the removal of the chickens upon a determination that the chickens pose a health risk. If a chicken dies, it must be dislosed of promptly in a sanitary manner. 10 061A MEMORANDUM TO: City Council Members FROM: James D. Ring, Director - Infrastructure and Development Support CC: Robert Farrar, Norman Heitmann, Dan Wellington, Jeremy Martin SUBJECT: Ordinance Amendment to Allow Domestic Chickens in Residential Zones DATE: February 4, 2010 Recently the Infrastructure Committee has discussed a possible Ordinance Amendment to allow domestic chickens to be kept in all residential areas. The draft changes were developed by Legal and Code Enforcement and largely based on existing ordinances in some other communities. The Infrastructure Committee and Council have received correspondence from numerous parties interested in this issue. At the direction of the Infrastructure Committee, Staff has revised the prior draft and presented for First Reading at the next week's Council meeting. The revised version incorporates a number of suggestions that have been received. Attached is a separate memo from Code Enforcement that outlines the revisions. WD MEMORANDUM TO: JIM RING, CITY ENGINEER FROM: jEREUY NLARTIN, DEVELOPMENT COORDINATOR SUBJECT: CHANGES TO CHICKEN ORDINANCE DATE: 2/4/2010 CC: DAN WELLINGTON, NORM HEITNLNNN, BOB FARRAR .L O6lA The following notes detail reasons for changes to previously reviewed ordinance. As indicated previously, the chicken ordinance we have promulgated was based on ordinances passed in the cities of Portland and South Portland and pending ordinances in Orono and Waterville. We have also reviewed ordinances that have been adopted in other cities around the country. This ordinance is consistent with those ordinances. I have spoken with city officials in Portland and South Portland and those individuals have indicated that ordinances have worked thus far to allow citizens to have a small number of chickens for domestic use only, while protecting the rights of neighboring property owners from adverse impacts associated with the chickens 65.11.1.B Permit Required • Amended to include requirement that if applicant does not own the property then the landowner must be co -applicant. This was added to protect other tenants in apartment buildings and landowners rights and interest in their property. • Amended to limit number of permits issued per year to 10 and then 10 more each subsequent year, in addition to renewals of previously issued permits. This was added to address comments made by Council Chair Richard Stone and Councilor Carey Wetson. 65.11.1.0 Fees • This was amended, revising permit fee from $25.00 to $31.00, in order to cover the cost of permit and inspection costs. 65.11.1.13 Location, Number and Type of Chickens Allowed. • This was amended to require applicant if in a condo to provide written evidence that all owners of the condo complex or association approve of the chickens. 65.11.1.E Non -Commercial Use Only 0 This was amended to prohibit the sale of chicken manure. A 061A 65.11.1.F Enclosures • This was amended to define "Supervised." Supervised shall mean that a responsible party is on the premises. • This section was also amended to clarify the requirements for a henhouse and chicken pen. • Living area was added to require a henhouse to have a minimum of 4 square feet of floor area per hen. This is consistent with most ordinances around the country and provides a minimum area in the henhouse to protect from overcrowding. • We did not amend the 20' setback from side and rear property lines, as requested. Staff firmly believes that in order to protect the health, safety and welfare, as well as the rights of neighboring property owners this setback should not change. • Regarding the requirement of requiring fencing to be buried at least 12" in the ground we did not change this requirement, as this is included in all ordinance that this office reviewed both in Maine and in other states. We did include a provision that allows the fencing to be affixed to bedrock if an applicant cannot bury the fence 12" because of ledge. This fencing requirement is to keep predators out, not the chickens in. • We did amend this section to allow the use of chicken wire, as long as it is 19 gauge or heavier. • This section also amended to provide a minimum of 10 square feet of ground space per hen in order to hopefully alleviate concerns over mud and erosion issues. 6511.1.H Lighting • We did not amend this section. Mr. Boothby had concerns that "Night Guard" type lighting would be prohibited. This section would not prohibit the use of this type of equipment. 65.11.1.L Application for Permit • This was amended to clarify permit application requirements. 65.11.1.M Approval of Permit • This was amended to require the Code Enforcement Office to issue a permit within 10 business days if application is in compliance with ordinance standards. 2 10-061 A Amended By Substitution 0i".BAN 1'� �\ e CITY OF BANGOR (TITLE.) Ordinance, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT CHAPTER 65 IS AMENENDED TO ALLOW THE KEEPING OF DOMESTIC CHICKENS IN RESIDENTIAL ZONES BY ADDING: 65.11.A Purpose, Notwithstanding Sections 65-10 and 65-11 above domesticated chickens may be kept at a residential property in accordance with this section. The purpose of this article is to provide standards for the. keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a non-commercial basis while limiting the potential adverse impacts on the surrounding neighborhood. The City recognizes that adverse neighborhood impacts may result from the keeping of domesticated chickens as a result of noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects, or parasites, and non -confined animals leaving the owner's property. This article is intended to create licensing standards and requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept. 65.11.1.8 Permit Re uired. An annual permit is reauired for the keeping of anv domesticated chickens in the City of Bangor. Additionally, a building permit is required for the construction of a henhouse and chicken pen. The annual permit to keep chickens is issued to the permittee and not be assigned. If the applicant does not own the subiect property, then the landowner must be co -applicant. The first Dermit Year shall be April 1, 2010 throuah December 31, 2010. Thereafter the permit year shall be January 1 through December 31. In the first permit year, no more than ten (10) permits shall be issued. In each subsequent permit year 10 more permits may be issued in addition to renewals of previously issued permits. Permits shall be issued, based on the chronological order in which they are received. 10-061 /� Amended By Substitution 65.11.1.0 Fees. The fee for an annual permit to keel chickens is thirty-one dollars ($31.00). In addition, a building permit shall be required for the construction of a henhouse and chicken pen. The permit shall be renewed on or before January 1 of each year. 65.11.1,D Location, Number and Type of Chickens Allowed. (a) The maximum number of chickens allowed is six (6) per lot regardless of how many dwelling units are on the lot. In the case of residential condominium complexes, the maximum number of chickens allowed is six (6) per complex and the applicant must provide evidence in writing that all owners of the condominium complex and/or the condominium association approve of the chickens. (b) Only female chickens are allowed. There is no restriction on chicken species. 65.11.1,E Non -Commercial Use Only. Chickens shall be kept as pets and for personal use only; no person shall sell eggs chicken manure, or engage in chicken breeding or fertilizer production for commercial purposes. The slaughtering of chickens at the residential property is prohibited. 65.11.1.F Enclosures. (a) Chickens must be kept in a henhouse or pen enclosure at all times. During daylight hours, chickens may be allowed outside of their henhouse in a securely fenced pen enclosure. Chickens shall be secured within the henhouse during non -daylight hours. (b) Henhouses and pen enclosures must be clean, dry, and odor -free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact. (c) The hen house and pen enclosure must provide adequate ventilation and adequate sun and shade and must both be impermeable to rodents wild birds and predators including dogs and cats. (d) Henhouses. (1) A henhouse shall be Rrovided and shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood. 10-061 A Amended By Substitution (a) The structures shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird -proof wire of less than one ( ) inch openings. (b) Living area. Henhouse must provide a minimum of 4 square feet of floor area per hen. (c) The materials used in making the structure shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse shall be well- maintained. (d)The structure shall be painted; the color shall be uniform around the structure and shall be in harmony with the surrounding area. (2) Henhouses shall only be located in the rear yard, behind the residential structure. In no case may a henhouse or be placed closer than 20 feet to any abutting grope line. (e) Chicken Pens. I') An enclosed chicken pen must be provided consisting of sturdy wire fencing buried at least 12" in the ground, or affixed to bedrock. The pen must be covered with wire, aviary netting, or solid roofing. The use of chicken wire is permitted if the wire is 19 gauge or heavier. W Enclosed pens must provide a minimum of 10 square feet of ground space per hen. (3) In no case shall any chicken pen be closer than 20 feet to any abutting property line, nor shall it be located in the front yard of a property. 65.11.1.G Odor and Noise Impacts. (a) Odors from chickens, chicken manure, or other chicken -related substances shall not be perceptible at the pr peft boundaries. (b) Perceptible noise from chickens shall not be loud enough at the properly boundaries to disturb persons of reasonable sensitivity. 10-061 A Amended By Substitution 65.11.1.H Lighting. Only motion -activated lighting may be used to light the exterior of the henhouse. f 5.11.1,I Predators, Rodents, Insects and Parasites. The gro,peft owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation shall be removed by the Animal Control Officer. 65.11.1.3 Feed and Water. Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators. 65.11.1.K Wast Storage and Removal. Provision must be made for the storage and removal of chicken manure. All stored manure shgll be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in p timely manner. 65.11.1.! Application for Permit. Every applicant for a permit to keep domesticated chickens shall: (a) Complete and file an application on a form prescribed by the Code Enforcement Officer. The application shall include a scaled plot plan detailing the location of the proposed hen house and fenced in pen enclosure, as well as specifications of the type of wire and netting to be utilized in the hen house and pen enclosure. (b) Deposit the prescribed permit fee with the Code Enforcement office at the time the application is bled. (c) Any material misstatement or omission shall be grounds for denial, suspension or revocation of the permit. 10-061 ;A Amended By Substitution 65.11.1.M Approval of Permit. The Code Enforcement Officer shall issue a hermit within 10 business days from the date of application, if the applicant has demonstrated compliance with the criteria and standards in this article. 65.11.1.N Denial, Suspension or Revocation of Permit; The Code Enforcement Officer shall deny a permit if the applicant has not demonstrated compliance with all provisions of this article. A permit to keep domesticated chickens may be suspended or revoked by the Code Enforcement Officer where there is a risk to public health or safety or for any violation of or failure to comply with any of the provisions of this article or with the provisions of any other ordinance or law. Any denial, revocation or suspension of a permit shall be in writing and shall include notification of the right to and procedure for appeal. 65.11.1.0 Appeal. A person ap ep alin the issuance denial, suspension or revocation of a permit by the Code Enforcement Officer may appeal to the Board of Appeals within thift (34) days of the decision being rendered. f 5.11.1.P Removal of Chickens. In addition to the penalty stated in 65-14, any violation of the provisions of this article or of the permit shall be grounds for an order from the Code Enforcement Officer to remove the chickens and the chicken -related structures. The Health Inspector, Health Officer, or Animal Control Officer may also order the removal of the chickens upon a determination that the chickens pose a health risk. If a chicken dies, it must be disposed of promptly in a sanitary manner. MEMORANDUM TO: City Council Members FROM: James D. Ring, Director - Infrastructure and Development Support CC: Robert Farrar, Debbie Cyr, Norman Heitmann, Dan Wellington, Jeremy Martin SUBJECT: Council Ordinance 10-061ADomestic Chicken — Amendment By Substitution DATE: February 17, 2010 Council Ordinance 10-061 will appear on the February 22, 2010 Council Agenda under Old Business for final action. Attached is a slightly revised version that deletes the requirement in the original version for a responsible person to be at the residence when chickens are out of the hen house, in an enclosed pen. The change appears under section 65.11.1.F, Enclosures. This was a concern of proponents in that it potentially placed birds in the hen house during extreme summer temperatures, and would necessitate artificial lighting in hen houses to maximize egg production. The confinement was also considered detrimental to the general health and welfare of the birds. Accordingly, Staff recommends that the attached version be considered by "Amendment By Substitution" in lieu of the original. JDR