HomeMy WebLinkAboutORD 5603CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5603
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTIONS 4-4-010 AND 4-4-150 OF CHAPTER 4, CITY-WIDE PROPERTY
DEVELOPMENT STANDARDS, 4-9-100 OF CHAPTER 9, PERMITS - SPECIFIC, 4-10-
070 OF CHAPTER 10, LEGAL NONCONFORMING STRUCTURES, USES AND LOTS,
AND 4-11-010 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT
REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REVISING THE
REGULATIONS REGARDING THE KEEPING OF ANIMALS, DELETING SUBSECTION
4-4-010P, MAKING VIOLATIONS OF ANIMAL PROVISIONS SUBJECT TO CIVIL
PENALTIES, ADDING A DEFINITION FOR "ANIMALS, DOMESTIC - EXTRA LARGE
LOT" AND REVISING THE DEFINITONS FOR "ANIMALS, DOMESTIC - LARGE
LOT", "ANIMALS, DOMESTIC - MEDIUM LOT" AND "ANIMALS, DOMESTIC -
SMALL LOT".
WHEREAS, the City recognizes that animal owners keep their animals for a variety of reasons
including, but not limited to, companionship, affection and protection; and
WHEREAS, the City seeks to set standards that ensure the keeping of animals occurs in a
humane and appropriate manner that benefits the animals and allows animals to coexist
harmoniously with adjacent and abutting uses; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation, study,
and the matter having been duly considered by the Planning Commission, and the zoning text
amendment request being in conformity with the City's Comprehensive Plan, as amended; and
WHEREAS, the Planning Commission held a public hearing on March 16, 2011, having duly
considered all matters relevant thereto, and all parties having been heard appearing in support
opposition;
ORDINANCE NO. 5603
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN
AS FOLLOWS:
SECTION I. Subsections 4-4-010F, Authority, 4-4-010G, Number of Animals Allowed,
4-4-010H, Keeping Greater Number of Animals Than Allowed, 4-4-010J.1, Shelter Location and
Setbacks, and 4-4-010K.1, Shelter and Structures, of Chapter 4, City-Wide Property
Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington", are hereby amended as
follows:
F. AUTHORITY:
3r.—Responsibility: Interpretation regarding responsibility will be determined
administratively; responsibility for enforcement of the provisions of this Section
shall be as follows:
al. Animal Control Officer: All those matters related to care,
maintenance, and individual licensing.
k2. Planning Development Services Division: All those matters
concerning land use and zoning.
G. NUMBER OF ANIMALS ALLOWED:
1. Lot Size Minimums and Maximum Number of Animals Permitted
Outright: The allowable numbers of animals permitted outright, provided the
minimum lot size is met, are detailed in the following table. The specified
minimum lot sizes are absolute requirements, unless: a) an Additional Animals
Permit is granted pursuant to RMC 4-9-100, or b) the number and type of
ORDINANCE NO. 5603
animals was established legally under previous regulations and the ownership of
the property has not changed. No variancos, waivers, and/or modifications
under tho Ronton Municipal Codo may bo granted. The keeping of animals that
require lesser lot size is allowed to be cumulative, when lot size requirements
have been met. For example, on a twelve thousand five hundred (12,500) square
foot lot, the keeping of two (2) medium lot domestic animals, six (6) small lot
domestic animals, and three (3) household pets is permitted outright.
Type of Animal Maximum Number of Animals Permitted
Outright
Household Pets includes: dogs, cats, rabbits,
caged indoor birds7and small rodents7. «Non-
venomous reptiles and amphibians weighing
less than 10 pounds are also included.
3* per dwelling or commercial building
regardless of lot size. A pet license is required
from the City Finance Department for each cat or
dog.
Small Lot Domestic Animals includes:
chickens, ducks, geese, pigeons7 and rabbits.
3 on lots that are at least 6,000 gross sq. ft. in
size. On lots that are larger than 6,000 gross sq.
ft., 1 additional small lot domestic animal may be
kept per additional 2,000 gross sq. ft.
Medium Lot Domestic Animals includes:
shcop, miniature goats that are smaller than
24 inches at the shoulder and/or not more
than 150 pounds in weight and sheep.
2 on lots that are at least 12,500 gross sq. ft. in
size. On lots that are greater than 12,500 gross
sq. ft., 1 additional medium lot domestic animal
may be kept per additional 7,500 gross sq. ft.
Large Lot Domestic Animals includes: horsos,
ponios, donkeys, cows, goats, llamas, oxen,
and pigs.
Extra Large Lot Domestic Animals includes:
horses, donkeys, cows and llamas.
2 on lots that are at least 1 gross acre in size. On
lots that are larger than 1 gross acre, 1 additional
large lot domestic animal may be kept per
additional 43,560 sq. ft.
includes foster animals
ORDINANCE NO. 5603
2. Permit Required for More than Three (3) Dogs and/or Cats: Regardless of
additional lot size, the keeping of four (4) or more dogs and/or cats shall always
require obtainmont of an Additional Animals Permit (RMC 4-9-100) or a
Conditional Use Permit for a Kennel (RMC 4-9-030) if allowed by the property's
zoning.
H. KEEPING GREATER NUMBER OF ANIMALS THAN ALLOWED:
1. Permitted with an Additional Animals Permit (RMC 4-9-100): Greater
numbers of animals than allowed in subsection Gl of this Section may be
allowed, provided the minimum lot size of subsection Gl of this Section has been
met, as detailed in the following table and subject to an Additional Animals
Permit (RMC 4-9-100).
2. Minimum Lot Size Needed to Apply for an Additional Animals Permit:
Type of Animal Minimum Lot Size
Needed to Apply for
Additional Animals
Permit
DogsL and Cats and Other Household Pets includes: rabbits, caged
indoor birds and small rodents. Non-venomous reptiles and amphibians
weighing less than 10 pounds are also included.
None
Other Household Pots includes: rabbits, cagod indoor birds, small 27,500 gross sq. ft.
rodents, non venomous reptiles and amphibians weighing loss than 10
pounds.
Small Lot Domestic Animals includes: chickens, ducks, geese, pigeons7
and rabbits.
6,000 gross sq. ft.
ORDINANCE NO. 5603
Medium Lot Domestic Animals includes: shcop, miniature goats that are
smaller than 24 inches at the shoulder and/or not more than 150 pounds
in weight and sheep.
Large Lot Domestic Animals includes: horses, ponies, donkoys, cows,
goats, llamas, oxen, and pigs.
Extra Large Lot Domestic Animals includes: horses, donkeys, cows and
llamas.
12,500 gross sq. ft.
43,560 gross sq. ft.
20,000 sa. ft. devoted
only to these animals
4-4-010J.1:
1. Shelter Location and Setbacks: Shelters, pens, and permanent/temporary
kennel structures shall be located a minimum often feet (10') from any property
line and in the rear yard. The Planning Development Services Division may grant
an exemption from this ten-foot (10') requirement if the owner/tenant can
provide sufficient information that a side yard would be a better location.
4-4-010K.1:
1. Shelter and Structures: Shelter shall be provided for animals in clean
structures which shall be kept structurally sound, maintained in good repair,
contain the animals, and restrict entrance of other animals. All structures
associated with kennels and stables shall be located a minimum of fifty feet (50')
from any property line and must be located in the rear yard. On lots that are
larger than one gross acre in size, exercising, training, and/or riding areas may be
located closer than fifty feet (50') from a property line if the exercising, training,
and/or riding areas are no closer than one hundred feet (100') to any dwelling
ORDINANCE NO. 5603
unit and the location is approved, in writing, by the Planning Development
Services Division.
SECTION II. Subsection 4-4-010P, Violations and Penalties, of Chapter 4, City-Wide
Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted.
SECTION III. Section 4-4-150, Violation of This Chapter and Penalties, of Chapter 4,
City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance
No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby
amended as follows:
4-4-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Unless otherwise specified, violations of this Chapter are misdomoanors
subject to RMC 1-3-12.
SECTION IV. Section 4-9-100, Additional Animals Permit Process, of Chapter 9, Permits
- Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington", is hereby amended as follows:
4-9-100 ADDITIONAL ANIMALS PERMIT PROCESS:
A. PURPOSE:
To ensure the keeping of additional animals occurs in a humane and
appropriate manner that benefits the animals and allows animals to coexist
harmoniously with adjacent and abutting uses.
B. APPLICABILITY:
ORDINANCE NO. 5603
Additional Animals Permits are issued to an individual and held by that individual
as long as they occupy the address where the keeping of additional animals has
been approved and the animal use remains accessory. The permit is not
transferable to a different individual or a different property. Except that
permits issued for Extra Large Lot Animals are allowed to transfer to subsequent
purchasers of the property that the permit has been issued for.
C. EXEMPTIONS: (Rosorvod) —
0, AUTHORITY AND RESPONSIBILITY:
The Development Services Division, when ]f_satisfied that all requirements
for an Additional Animals Permit are met, skaU may approve the issuance of the
Additional Animals Permit.
P. MAXIMUM NUMBER OF ANIMALS PERMITTED WITH AN ADDITIONAL
ANIMALS PERMIT.
The number of animals allowed with the Additional Animals Permit is at the
discretion of the Reviewing Official Administrator of the Department of
Community and Economic Development or designee aftd/ef in consultation with
the inspecting Animal Control Officer, however the following numbers shall not
be exceeded for these specific animal types:
1. Dogs and Cats: not to exceed No more than a maximum of six (6) dogs
and/or cats. If the Additional Animals Permit involves a use that also requires a
Home Occupation Permit (RMC 4 9 090), the Development Services Division
ORDINANCE NO. 5603
shall provide documentation to the Finance Department that the keeping of
additional animals complies with the requirements of this Section.
2. Extra Large Animals (Horses, Donkeys, Cows and Llamas) On Properties
Without a Covered Arena and a Stable:
Size of Propertv in Sauare Feet
Less than 20,000 square feet of area devoted only to
the animals
20.000 - 29.039 sauare feet*
29.040 - 43,559 sauare feet*
43.560 - 58.079 sauare feet*
58.080 - 72,599 sauare feet*
72.600 - 87.119 sauare feet*
87.120 - 101.639 sauare feet*
Maximum Number of Extra Large Lot
Animals Permissible with an
Additional Animals Permit
None allowed
1
2
3
4
5
6
For lots over 101,639* sauare feet, an additional 14,520 sauare feet is reauired for each
additional 'Extra Large Lot Animal'
* A minimum of 20,000 square feet of area must be devoted only to the animals.
3. Extra Large Lot Animals (Horses, Donkeys, Cows and Llamas) On
Properties With a Covered Arena and a Stable:
Maximum Number of Extra Large
Lot Animals Permissible with an
ORDINANCE NO. 5603
Less than 20,000 sauare feet of area devoted onlv to the
animals
20.000 - 21.779 sauare feet*
21.780- 29.039 sauare feet*
29.040 - 36.299 sauare feet*
36,300 - 43.559 sauare feet*
43.560 - 50,819 sauare feet*
50,820 - 58,080 sauare feet*
Additional Animals Permit
None allowed
2
3
4
5
6
7
For lots over 58,080* sauare feet, an additional 7,260 sauare feet is reauired for each
additional 'Extra Large Lot Animal'
* A minimum of 20,000 square feet of area must be devoted onlv to the animals.
E. SUBMITTAL REQUIREMENTS AND FEES:
Fees shall be as listed in RMC 4 1 170the City of Renton Fee Schedule
Brochure, and submittal requirements shall be as listed in RMC 4-8-120C.
F. NOTIFICATION AND COMMENT PERIOD:
1. Notification: Public notice shall be accomplished consistent with RMC 4-8-
090, Public Notice Requirements. Property owners within three hundred feet
(300') of the applicant's property shall be notified of the application. The
applicant is responsible for providing current mailing labels and postage to the
Development Services Division.
ORDINANCE NO. 5603
2. Comment Period and Decision: The notice of application comment period
shall expire prior to the issuance of a decision by the Development Services
Division Director or designee. The Director may approve, conditionally approve
or deny the proposed application.
G. DECISION CRITERIA:
1. Authority: The Development Services Division Director shall review
requests for Additional Animals Permits for compatibility of the proposal with
the surrounding neighborhood. In ordor to dotormino that the site and facility
will bo adequate and to ensure the humane and appropriate caro of tho animals,
2. Inspection Authorized: Tthe Development Services Director may require
that the property be inspected by an Animal Control Officer. Factors to bo
considered in dotormining compatibility and adequacy arc:
3. Findings Required for Approval: In order to approve the Additional
Animals Permit, the Director must find all of the following:
a. The site and facility will be adequate to ensure the humane and
appropriate care of the animals.
1 b. The keeping of additional animals will not have an adverse a significant
effect on abutting or adjacent properties or cause a detriment to the
community.
2. Tho past history of animal control complaints regarding animals kept by
the applicant.
10
ORDINANCE NO. 5603
3 c. Adequate and appropriate facility and rear yard specifications
/dimensions exist that ensure the health and safety of the animals. The facility
for medium lot, large lot and extra large lot domestic animals must include a
grassy or vegetated area.
d. Compliance with the requirements of RMC 4-9-100D, Maximum
Number of Animals Permitted With an Additional Animals Permit.
4. Tho animal sizo, typo and charactoristics of brood.
5 e. The manner in which tho aAnimal waste will be managed in a manner
appropriate and adequate to prevent significant off-site impacts.
&-.—Tho zoning classification of tho promises on which tho keeping of
additional animals is to occur.
2 f. If the application is for the keeping of additional large lot or extra
large lot animals, the applicant sbaW has provided a copy of an adopted farm
management plan based on King County Conservation District's Farm
Conservation and Practice Standards which shows that there is adequate
pasturage to support a greater number of animals.
g. If the application is for the keeping of additional extra large lot
animals, the minimum area devoted onlv to the animals is at least twenty
thousand (20,000) square feet.
8 h. If the application is for an animal foster care provider, the applicant
shall keep paperwork for all foster animals which states that the animals are
11
ORDINANCE NO. 5603
foster animals from a sponsoring organization. Such paperwork shall be provided
upon request to City officials.
9. Compliance with the requirements of RMC 4 4 010, Standards for Animal
Keeping Accessory to Rosidontial/Commorcial Usos.
4. Additional Considerations: Additional factors to be considered in
determining compatibility and adequacy are:
a. The past history of animal control complaints regarding animals kept
by the applicant.
b. The animal size, type and characteristics of breed.
c. The zoning classification of the premises on which the keeping of
additional animals is to occur.
H. CONDITIONS:
The Development Services Division Director or designee, in reviewing an
Additional Animals Permit application, may require soundproofing of structures
as he or she deems necessary to ensure the compatibility of the proposal for
additional animals with the surrounding neighborhood. Other conditions may be
applied based upon the determination of the Director or designee that
conditions are warranted to meet the purpose and intent of applicable
regulations and decision criteria.
I. PERIOD OF VALIDITY, INDIVIDUAL PERMITS:
An Additional Animals Permit shall be annually reviewed and valid as long as
the keeping of animals has not been discontinued for more than one (1) year,
12
ORDINANCE NO. 5603
the operator is in compliance with the City requirements and has not had the
Additional Animals Permit and/or any related home occupation license revoked
or renewal refused. In addition, all animals that are required to be licensed shall
be individually licensed according to the regulations found in chapter 5-4 RMC,
Animal Licenses. Failure to renew animal licenses as required in chapter 5-4 RMC
shall trigger review and/or revocation of the Additional Animals Permit.
J. VIOLATION AND PENALTIES REVOCATION OF LICENSE:
1. Revocation of Additional Animals Permit: If, after conducting an
investigation, the Development Services Director finds that the keeping of
additional animals is in violation of the provisions of this Section and/or the
terms and conditions subject thereto, he or she may revoke the Additional
Animals Permit.
2. Revocation of Business License: Upon findings of violation, if the
Additional Animals Permit holder also has a home occupation business license,
the Reviewing Official Administrator of the Department of Community and
Economic Development or designee shall refer the findings to the City Finance
and Information Technology Director Administrator who may revoke the home
occupation business license pursuant to RMC 5-5-3F, general business license
penalties.
3. License - Waiting Period Following Revocation or Refusal to Renew: For a
period of one (1) year after the date of revocation or refusal to renew, permits
shall not be issued for additional animals to applicants who have previously had
13
ORDINANCE NO. 5603
such permit revoked or renewal refused. In addition, the applicant must meet
the requirements of this Section or any provisions of the animal control
authority.
4. Violations of This Chapter and Penalties: Notwithstanding tho rovocation
powers—of the—Finance—af^l—Information—Technology—Director—&f*d—the
Dovolopmont Sorvicos Director, and unless othorwiso specified, violations of this
Section are misdomoanors subject to RMC 13 1.
K. APPEAL:
The applicant or a citizen may appeal the decision of the Reviewing Official
Administrator of the Department of Community and Economic Development or
designee pursuant to RMC 4-8-110, Appeals.
SECTION V. Section 4-10-070, Nonconforming Animals, of Chapter 10, Legal
Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance
No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby
amended as follows:
4-10-070 NONCONFORMING ANIMALS:
Soo RMC 4 1 010K.
A. Existing Legally Established Animals: Those property owners or tenants
whose animals complied with the applicable requirements of King County or
other applicable animal-related regulations in effect at the time the animals
were legally established on the property shall be allowed to keep the number
and type of animals and in the same manner under which the animals were kept
14
ORDINANCE NO. 5603
legally, provided they do not constitute a nuisance under RMC 1-3-3, Nuisances,
and comply with the relevant provisions of RMC 4-4-010J and K.
B. Animal Replacement: Property owners or tenants who lose a legally
established animal shall be allowed to replace the animal with a similar type of
animal on the same property, provided the animal does not constitute a
nuisance under RMC 1-3-3, Nuisances, and that they comply with the relevant
provisions of RMC 4-4-010J and K.
C. Non-conforming Rights Not Transferrable: Legal non-conforming rights
are not attached to the property and, therefore, are not transferrable from one
property owner to another with the sale of the property. Exception: There is an
exception to the prohibition of transfer onlv for Extra Large Lot Animals in those
cases where an optional Additional Animals Permit has been requested and
issued and that permit expressly allows the transfer of non-conforming rights to
subsequent purchasers.
D. Abandonment: If the keeping of non-conforming animals is abandoned
for a period of one (1) year or more, it shall not thereafter be resumed.
SECTION VI. Section 4-11-010, Definitions A, of Chapter 11, Definitions, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington", is hereby amended to add a definition for "Animals, Domestic -
Extra Large Lot", and revise the definitions for "Animals, Domestic - Large Lot", "Animals,
Domestic-Medium Lot", and "Animals, Domestic-Small Lot", as follows:
15
ORDINANCE NO. 5603 _
ANIMALS, DOMESTIC - EXTRA LARGE LOT: Livestock to include horses, donkeys,
cows, llamas and other animals of similar size and characteristics as approved by
the Development Services Division.
ANIMALS, DOMESTIC - LARGE LOT: Animals that typically require a lot size of at
least one [1) acre lot size; to include horsos, ponies, donkoys, cows, llamas,
goats, pigs, oxon, and other animals of similar size and characteristics as
approved by the Planning Diroctor Development Services Division.
ANIMALS, DOMESTIC - MEDIUM LOT: Animals that typically reauire at least
twelve thousand five hundred (12,500) gross square feet of lot size; to include
shoop, miniature goats that are smaller than twenty-four inches (24") at the
shoulder and/or not more than one hundred fifty (150) pounds in weight, sheep
and other animals of similar size and characteristics as approved by the Planning
Diroctor Development Services Division.
ANIMALS, DOMESTIC - SMALL LOT: Animals that typically require at least six
thousand (6,000) gross square feet of lot size; to include rabbits, chickens, ducks,
geese, pigeons, and other animals of similar size and characteristics as approved
by the Planning Diroctor Development Services Division.
SECTION VII. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this 6th day of June , 2011.
Bonnie I. Walton, City Clerk
16
ORDINANCE NO. 5603
APPROVED BY THE MAYOR this 6th day of J""e _, 2011.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: 6/10/2011 (summary)
ORD:1712:5/19/ll:scr
Denis Law, Mayor
v' >*•• '
,i or • <
'! • It ''••
\ u • '!i
-•• O %
W"-...
17