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HomeMy WebLinkAbout3070 AMND 18.68 Chicken Coops & Runs ORDINANCE NO. did AN ORDINANCE AMENDING THE GENERAL REGULATIONS CHAPTER (18.68) OF THE ASHLAND LAND USE ORDINANCE TO ESTABLISH SETBACK REQUIREMENTS FOR CHICKEN COOPS AND CHICKEN RUNS Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City Council amended the Ashland Municipal Code and Land Use Ordinances to provide standards for the keeping of chickens and requirements for chicken coops and chicken runs on April 17`x', 2012; and WHEREAS,the City Council has determined that special attention to how chickens can be successfully integrated into residential neighborhoods is required to avoid negative impacts to neighbors or a nuisance to the community; and WHEREAS, the City Council has determined that a minimum setback from an adjoining property line, in combination with a reduced setback from adjacent dwellings, will provide increased opportunities for the keeping of chickens; and WHEREAS,the City Council has determined that it is in the best interest of the citizens of the City to promote local food production and increased self sufficiency; WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on July 17, 2012; WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an Page 1 of 4 adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2 AMC Chapter 18.68.140 [Accessory Buildings and Structures] is hereby amended to read as follows: 18.68.140 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this Title and shall comply with the following limitations: A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district. B. A guest house may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guest house. C. A chicken coop and a chicken run may be maintained accessory to a single family dwelling in a residential district provided the following conditions are met: 1) No more than five (5) chickens shall be kept or maintained on properties of less than five thousand (5000) square feet in area; 2) No more than one (1) chicken for each one thousand (1,000) square feet of lot area, up to a maximum of twenty (20) chickens, shall be kept or maintained on properties greater than five thousand (5000) square feet in area, 3) No roosters shall be kept on the property at any time. 4) Chicken coops and chicken runs shall be constructed as follows: a) they shall not be located in a required front yard. be leented within it side or- Fea.....a...d a n!y and shall he at least seventy fwe (75) feet from dwellings on adjoining PFOPeFfieS. b) they shall be setback a minimum of ten (10) feet from abutting properties. c) they shall be at least twenty (20) feet from dwellings on adjoining properties. b 4) structures shall not exceed six (6) feet in height. e-e) chicken coops shall not exceed forty (40) square feet in area, or four (4) square feet per chicken, whichever is greater. d t, chicken runs, as enclosed outdoor structures, shall not exceed one hundred (100) square feet in area, or ten (10) square feet per chicken, whichever is greater. Page 2 of 4 p @Delete Graphs �® �sAFRf*lN... Q -Y7 W p ~ 3 mum COOP setback GhicKer, 4 � o � a�l o. 45) The keeping of chickens, and the maintenance of their environment, shall be in accordance with Keeping of Animals chapter of the Ashland Municipal Code (Ch. 9.08.040). D. Mechanical equipment shall not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical equipment and associated enclosures, no taller than allowed fence heights, may be located within required side or rear yards, provided such installation and operation is consistent with other provisions of this Title or the Ashland Municipal Code, including but not limited to noise attenuation. Any installation of mechanical equipment shall require a building permit. E. Rain-barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this Title or the Ashland Municipal Code, and as follows: 1) Rain barrels shall not exceed six (6) feet in height; and 2) Rain barrels shall be located so that a minimum clear width of three(3) feet is provided and maintained between the barrel and property line; and 3) Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, designed to support the rain barrel's full weight; and Page 3 of 4 4) Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. F. Regardless of the side and rear yard requirements of the district, in a residential district, a side or rear yard may be reduced to three (3) feet for an accessory structure erected more than fifty (50) feet from any street, other than alleys, provided the structure is detached and separated from other buildings and structures by ten (10) feet or more, and is no more than fifteen (15) feet in height. Any conversion of such accessory structure to an accessory residential unit shall conform to other requirements of this Title for accessory residential units, including any required planning action and/or site review. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments(i.e. Sections 1, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in acco dance with Article X, Section 2(C) of the City Charter on the_L7-day of , 2012, and dul ASSED and ADOPTED this _7 of ff4p,9911- 2012. r Barbara M. Christensen, City Recorder SIGNED and APPROVED this O day o 2012. y romberg, Mayo Revie ed as to form: avid Lohm n, City Attorney Page 4 of 4