04-24-19 Memorandum - Animal and Fowl Regulations

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CITY OF PULLMAN

Public Worl~s and Planning Departments


325 S.E. Paradise Street, Pullman, WA 99163
(509) 338-3220 or (509) 338-3213 Fax (509) 338-3282
www.pullman-wa.gov

MEMORANDUM

TO: Pullman Planning Commission

FROM: Pete Dickinson, Planning Direct; \1)


FOR: Meeting of April 24, 2019

SUBJECT: Animal/Fowl Regulations

DATE: April 18, 2019

At your last meeting on March 27, you discussed potential changes to zoning code
regulations pertaining to chickens. At the end of this discussion, the Commission
approved a motion to establish a subcommittee consisting of members Brent Carper and
Stephanie Rink for the purpose of drafting a text amendment in this regard for further
consideration.

On April 6, Commission member Carper transmitted to planning staff an email message


that included a set of proposed amendments in legislative draft form. An excerpt from
this email message, and the subcommittee's draft revisions, are included as attachments
to this memorandum.

Due to time constraints, planning staff has not been able to conduct an extensive analysis
of the proposed code changes. Nevertheless, after a cursory review of the
documentation, staff has the following initial comments:

• Staff questions the use of the term "hen" for the proposed regulations. It opens up
a completely new aspect of the animal/fowl standards to delve into the gender of
the animals. Are male chickens the only concern (due to their obvious potential for
creating excessive noise)? If that is the case, then the regulations should
specifically prohibit, or severely restrict, male chickens.

• Up to six chickens in the household pet category seems excessive to staff. As


always, the city needs to think in terms of the maximum use scenario-Do we
Memo to Planning Commission
April 18, 2019
Page 2

really want six chickens in every yard? To staff, the proposed regulations
represent a dramatic swing from overly restrictive existing standards to overly
permissive standards. For staff, a maximum of three or four chickens in the
household pet category seems more appropriate as a starting point for discussion.

• As the list of potential household pet types grows, planning staff recommends a
limit on the overall number of household pets that are allowed outside. For
example, the city could impose a limit of no more than four total household pets
allowed outside, be they dogs, cats, chickens, or rabbits.

• As the city considers expanding allowances for household pets, staff believes it will
be important to review more closely the regulations concerning pens, runs, and
coops. Perhaps dog houses should be added to the list. And perhaps a greater
setback dimension should be mandated for all of these installations.

• As the Planning Commission discusses potential changes to the animal/fowl


regulations, staff believes the language regarding miniature pigs should be
revisited-specifically, the wording: "up to two (2) miniature pigs per dwelling unit"
in the "Small Domestic Animal and Fowl Category" subsection. The city attorney
has mentioned the inconsistency of placing a cap on the number of miniature pigs
in this subsection, in contrast to the language used in the rest of that subsection.

The action requested of the Commission is to continue your discussion about potential
zoning code text amendments related to animals and fowl.

Attachments
EXCERPT OF 4/6/19 EMAIL MESSAGE FROM BRENT CARPER TO PETE DICKINSON

Stephanie and I did quite a bit of first-class always super-reliable and error-proof research ... by
google. :-) Below are a few notes on questions that you or other commissioners might have:

11
• Hen" is specific to a female, so this automatically excludes roosters (cocks, and other names for
male chickens and other birds). It is far better to use the term 11 hen" than 11 chicken" for this
reason.
• However, 11 hen" is not specific to chickens. So technically we are allowing not only female
chickens, but also other related fowl which could include quail, pheasants, ducks, etc. Female
lobsters are also hens. :-)
• After much consideration, we decided that the other hens besides chicken (so the quail, etc.)
are not a concern. In fact, in dense urban areas there is a movement to use quail instead of
chickens as they are even smaller and quieter and easier to maintain. Certainly there is no good
reason to exclude domesticated quail.
• Even with ducks or geese, we finally concluded that nothing could be as bad as some of the
typical 100-pound-plus dogs that continuously bark all night. Ducks and geese do typically
require a bit more space than chickens or quail for quality of life, but at the same time we don't
set minimum space requirements for dogs, cats, or children, so regulating space for an animal's
quality of life is probably not a place we want to go.
11
• The code also frequently uses the terminology such as 11 domestic" and excluding wild or
exotic", and similar. That would seem to protect us from the situation that somebody's back
yard hens are actually zombie-killer-lobster-geese hybrids.
• We oscillated between 4 and 8 hens for the quantity that would trigger going from the
household pet category to the small domestic category, and finally settled on 6. In other cities
we reviewed, the number was often 8 or unlimited. One of the smaller limits is Portland at 3. 6
seems to be a reasonable starting place.
• At this point, we don't feel that licensing of hens is necessary. Maybe we could solicit input on
this from animal control.
17. 05. 020 Definitions. The following definitions shall be
used in the interpretation and administration of this Title.

(64) Household Pet. Small domestic creatures including dogs,


cats, rabbi ts, hens, gerbils, guinea pigs, hamsters,
domestic rats and mice, caged birds, non-venomous
reptiles, fish, and amphibians as regulated in Section
17.35.050, Animals and Fowl in Residential Districts.

17.35.050 Animals and Fowl. This section establishes spe-


cial regulations that govern the keeping of animals and fowl in
any zone district where a dwelling unit is permitted but nothing
in this Section eliminates the need to comply with any other
regulations of the state, county, or city pertaining to the keeping
of animals and fowl.

( 1) Household Pets. The following are categorized as


household pets and shall be regulated as provided
herein:

(a) Household Pets Category. Three ( 3) dogs or less


per dwelling unit; three ( 3) cats or less per
dwelling unit; a total of four (4) dogs and cats
per dwelling unit; four ( 4) rabbi ts or less per
dwelling unit; six (6) hens or less per dwelling
unit; gerbils; guinea pigs; hamsters; caged mice or
rats; caged birds; non-venomous reptiles,
amphibians, and fish; and such other pets as are
normally associated with a dwelling unit, and which
are generally housed within the dwelling unit, but
excluding wild or exotic animals or fowl.

(b) Household Pet Regulation. Household pets are


regulated as follows:

(i) The keeping of household pets categorized in


17.35.050(1) (a) does not require approval from
the city.

(ii) The maximum number of household pets over six


(6) months of age allowed per dwelling unit is
as follows: three ( 3) dogs; three ( 3) cats;
dogs and cats [a total of four (4) animals];
-aB:Et-four (4) rabbits; and six (6) hens. There
is no limit on the number of other household
pets.
(iii) Rabbit or hen pens, dog or hen runs, hen coops,
and similar structures must be at least five
(5) feet from each property line.

(iv) Household pets, excluding dogs, cats, rrR€l


rabbits, and hens, must be housed within the
dwelling unit.

(2) Small Domestic Animals and Fowl. The following are


categorized as small domestic animals and fowl and shall
be regulated as provided herein:

(a) Small Domestic Animal and Fowl Category. More than


three (3) dogs per dwelling unit; more than three
(3) cats per dwelling unit; more than a total of
four (4) dogs and cats per dwelling unit; more than
four (4) rabbits per dwelling unit; more than six
(6) hens per dwelling unit; and up to two (2)
miniature pigs per dwelling unit; and one ( 1) or
more fowl.

(b) Small Domestic Animal and Fowl Regulations. The


city planner shall review applications for the
keeping of small domestic animals and fowl as set
forth in 17.175.050 in accordance with the follow-
ing standards:

( i) proximity to dwelling uni ts both on and off


the subject property;

(ii) lot size of at least 10,000 square feet and


isolation of the lot;

(iii) a minimum of 2,000 square feet of land per


animal;

(iv) structures or pens used to house animals or


fowl shall be a distance of at least twenty
(20) feet from property lines;

(v) potential noise impacts;

(vi) compatibility with surrounding uses.


(3) Large Domestic Animals. The following are categorized
as large domestic animals and shall be regulated as
provided herein:

( a) Large Domestic Animal Category. Horses, cattle,


sheep, goats, and other grazing or foraging ani-
mals.

(b) Large Domestic Animal Regulations. The city plan-


ner shall review applications for the keeping of
large domestic animals as set forth in 17.175.050
in accordance with the following standards:

( i) proximity to dwelling uni ts both on and off


the subject property;

(ii) lot size of at least 20,000 square feet and


isolation of the lot;

(iii) a minimum of 10,000 square feet of land per


horse or cow, and 5,000 square feet of land
per goat or sheep;

(iv) structures or pens used to house animals shall


be a distance of at least forty (40) feet from
property lines;

(v) roaming or grazing areas shall be a distance


of at least twenty (20) feet from property
lines, unless an abutting property owner files
a signed statement in support of a lesser
distance, in which event the city may permit
roaming or grazing areas to extend to the
property line in common with the abutting
property;

(vi) provision of a suitable structure or pen to


house the animal(s);

(vii) potential noise impacts;

(viii) compatibility with surrounding uses.

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