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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