Chapter 18.80 DEVELOPMENT STANDARDS – ANIMALS, HOME OCCUPATION, HOME INDUSTRY

Chapter 18.80
DEVELOPMENT STANDARDS – ANIMALS, HOME OCCUPATION, HOME INDUSTRY

Sections:

18.80.010 Purpose.

18.80.020 Animal regulations – Small animals.

18.80.030 Animal regulations – Livestock – Purpose.

18.80.040 Animal regulations – Livestock – Densities.

18.80.050 Animal regulations – Livestock – Farm management plans.

18.80.060 Animal regulations – Livestock – Management standards.

18.80.070 Animal regulations – Livestock – Building requirements.

18.80.080 Animal regulations – Livestock – Education and enforcement.

18.80.090 Existing livestock operations.

18.80.100 Home occupation.

18.80.110 Home industry.

18.80.120 Protection of agricultural uses.

18.80.010 Purpose.

The purpose of this chapter is to enhance and preserve the compatibility between neighboring properties by regulating the scope and intensity of accessory uses or activities. (Ord. 42-02 § 2 (21A.30.010))

18.80.020 Animal regulations – Small animals.

The raising, keeping, breeding or fee boarding of small animals are subject to Chapter 11.04 KCC, Animal Control Regulations (adopted by Chapter 6.05 CMC), and the following requirements:

(1) Small animals which are kept indoors as household pets in aquariums, terrariums, cages or similar containers shall not be limited in number, except as may be provided in KCC Title 11 (adopted by Chapter 6.05 CMC). Other small animals excluding cats kept indoors as household pets shall be limited to five, of which not more than three may be unaltered cats or dogs. Cats kept indoors shall not be limited in numbers.

(2) Other small animals kept outside, including adult cats and dogs, shall be limited to three per household on lots of less than 20,000 square feet, five per household on lots of 20,000 to 35,000 square feet, with an additional two per acre of site area over 35,000 square feet up to a maximum of 20, unless more are allowed as an accessory use pursuant to subsection (5) of this section; provided, that all unaltered animals kept outdoors must be kept on a leash or in a confined area, except as authorized for a hobby kennel or cattery or commercial kennel or cattery pursuant to Chapter 11.04 KCC (adopted by Chapter 6.05 CMC).

(3) Excluding kennels and catteries, the total number of unaltered adult cats and/or dogs per household shall not exceed three.

(4) Animals considered to be household pets shall be treated as other small animals pursuant to subsection (5) of this section when they are kept for commercial breeding, boarding or training.

(5) Small animals and household pets kept as an accessory use outside the dwelling shall be raised, kept or bred only as an accessory use on the premises of the owner, or in a kennel or cattery approved through the conditional use permit process, subject to the following limitations:

(a) Birds shall be kept in an aviary or loft that meets the following standards:

(i) The aviary or loft shall provide one-half square foot for each parakeet, canary or similarly sized birds, one square foot for each pigeon, small parrot or similarly sized bird, and two square feet for each large parrot, macaw or similarly sized bird.

(ii) Aviaries or lofts shall not exceed 2,000 square feet, provided this limit shall not apply in rural, forestry, or agricultural zones.

(iii) The aviary is set back at least 10 feet from any property line, and 20 feet from any dwelling unit.

(b) Small animals other than birds shall be kept according to the following standards:

(i) No property owner shall keep or house more than three small animals.

(ii) All animals shall be confined within a building, pen, aviary or similar structure.

(iii) Any covered structure used to house or contain such animals shall maintain a distance of not less than 10 feet to any property line, except structures used to house mink and fox shall be a distance of not less than 150 feet from any property line.

(iv) Mink and fox are not permitted within City limits.

(v) Beekeeping is limited as follows:

(A) Beehives are limited to 50 on sites less than five acres;

(B) The number of beehives shall not be limited on sites of five acres or greater;

(D) Adequate space shall be provided in each hive to prevent overcrowding and swarming;

(E) Colonies shall be requeened following any swarming or aggressive behavior;

(F) All colonies shall be registered with the City extension agent prior to April 1st of each year, on a State registration form acceptable to the City; and

(G) Abandoned colonies, diseased bees, or bees living in trees, buildings, or any other space except in movable-frame hives shall constitute a public nuisance, and shall be abated as set forth in this code;

(i) For kennels located on residential zoned sites:

(A) The minimum site area shall be five acres; and

(B) Structures housing animals and outdoor animal runs shall be a minimum distance of 100 feet from property lines abutting residential zones;

(ii) For kennels located on nonresidential zoned sites, run areas shall be completely surrounded by an eight-foot solid wall or fence, and be subject to the requirements in KCC 11.04.060 (adopted by Chapter 6.05 CMC); and

(iii) Catteries shall be on sites of 35,000 square feet or more, and buildings used to house cats shall be a minimum distance of 50 feet from property lines abutting residential zones. (Ord. 42-02 § 2 (21A.30.020))

18.80.030 Animal regulations – Livestock – Purpose.

The primary purpose of CMC 18.80.040 through 18.80.090 is to support the raising and keeping of livestock in the City in a manner that minimizes the adverse impacts of livestock on the environment particularly with regard to their impacts on water quality and salmonid fisheries habitat in the City of Covington watersheds. Maintaining and enhancing the viability of fisheries, livestock-raising and farming are essential to the long-term economic vitality, recreation opportunities and quality of life in rural and resource lands of the City of Covington. The following sections establish regulations which set livestock densities and require implementation of best management practices for minimizing nonpoint pollution from livestock in a manner that recognizes the need for integrated resource management within the City of Covington watersheds. They are intended to be consistent with livestock welfare; however, these concerns are more appropriately addressed through Chapter 11.04 KCC (adopted by Chapter 6.05 CMC). (Ord. 42-02 § 2 (21A.30.030))

18.80.040 Animal regulations – Livestock – Densities.

The raising, keeping, breeding or fee boarding of livestock are subject to Chapter 11.04 KCC (adopted by Chapter 6.05 CMC), Animal Control Regulations, and the following requirements:

(1) The minimum lot size on which large livestock may be kept shall be 20,000 square feet; provided, that the amount of site area available for use by the livestock may be less than 20,000 square feet; and provided further, that the portion of the total lot area used for confinement or grazing meets the requirements of this section.

(2) The maximum number of livestock shall be as follows:

(a) Commercial dairy farms in full compliance with a Washington State Department of Ecology NPDES general or special use permit, as consistent with the permit requirements. Otherwise, subsection (2)(c) of this section applies. Commercial dairies shall have five years from the adoption of this section to either comply with the State permit requirements or come into compliance with King County Ordinance 11168.

(b) Six resident animal units per gross acre in stables, barns and other livestock operations with covered confinement areas; provided, that no more than three animal units per gross acre are allowed to use uncovered grazing or confinement areas on a full-time basis, and the standards in CMC 18.80.060 are met or a farm management plan is implemented and maintained pursuant to King County Ordinance 11168; provided further, that higher densities may be allowed subject to the conditional use permit process to confirm compliance with the management standards. This conditional use permit process is not required for existing operations which operate with higher densities, provided the standards in King County Ordinance 11168 are met or a farm management plan is implemented for such operations.

(c) For all large livestock not covered by subsections (2)(a) or (b) of this section, three animal units per gross acre of vegetated site area; provided, that the standards in CMC 18.80.060 are met or a farm management plan is implemented and maintained.

(i) If a farm management plan is implemented and maintained as required or, in the alternative, all of the management standards of CMC 18.80.060 are met, three horses, cows or similarly sized animals per gross acre of total site area; provided further, that two ponies shall be counted as being equivalent to one horse and that miniature horses shall be treated as small livestock subject to subsection (2)(d) of this section.

(ii) If subsection (2)(c)(i) of this section is not met, one animal unit per two acres of vegetated area; provided, that the standards for storage and handling of manure, as set out in CMC 18.80.050, are met;

(d) For purposes of these regulations, an animal unit shall consist of one adult horse or bovine, two ponies, five small livestock, or equivalent thereof (excluding sucklings); provided, that miniature horses and feeder calves (up to one year of age) shall be considered small livestock. (Ord. 42-02 § 2 (21A.30.040))

18.80.050 Animal regulations – Livestock – Farm management plans.

(1) To achieve the maximum density allowances using a farm management (conservation) plan, the plan must be developed according to the following criteria:

(a) The plan must be developed by the King County Conservation District.

(b) The plan shall require site-specific management measures for minimizing nonpoint pollution from agricultural activities including but not limited to:

(i) Livestock watering, wetland and stream corridor management;

(ii) Grazing and pasture management;

(iii) Confinement area management;

(iv) Manure management.

(c) The plan shall be implemented within a timeframe established in the plan and maintained such that nonpoint pollution attributable to livestock-keeping is minimized.

(d) A monitoring plan shall be developed as part of the farm management plan, and implemented to demonstrate no significant impact to water quality and salmonid fisheries habitat. Monitoring data shall be available to the City.

(2) Farm management plans (FMPs) shall, at a minimum:

(a) Generally seek to achieve a 25-foot buffer of diverse, mature vegetation between grazing areas and the ordinary high water mark of all Class 1 and 2 streams and any naturally occurring pond and the wetland edge of any Class 1 or 2 wetland on the site, using buffer averaging where necessary to accommodate existing structures. No buffer for Class 1 or 2 streams shall be less than 10 feet. The plan must include best management practices which avoid having manure accumulate in or within 10 feet of Class 3 streams; provided, that forested lands being cleared for grazing areas shall comply with the sensitive areas ordinance setbacks for Class l, 2 and 3 streams and Class 1 and 2 wetlands.

(b) Assure that drainage ditches on the site do not channel animal waste to such streams and wetlands.

(c) Achieve an additional 20-foot buffer downslope of any confinement areas within 200 feet of Class 1 and 2 streams. This requirement may be waived for existing confinement areas on lots of two and one-half acres or less in size if:

(i) A minimum buffer of 25 feet of diverse, mature vegetation is achieved;

(ii) Manure within the confinement area is removed daily during the winter season (October 15th to April 15th) and stored per CMC 18.80.060(4);

(iii) Additional BMPs, as recommended by the Community Development Director, are implemented and maintained.

(d) Include a schedule for implementation.

(3) A copy of the final plans shall be provided to the City within 60 days of completion.

(4) The completed plan may be appealed to the Hearing Examiner pursuant to the provisions of Chapter 14.35 CMC. The appeal must be filed within 30 days of being received by the Clerk. Only the property owner may file appeals. Any plan not appealed shall constitute prima facie evidence of compliance with the regulatory provisions of CMC 13.35.030. (Amended at request of department 2/08; Ord. 42-02 § 2 (21A.30.045))

18.80.060 Animal regulations – Livestock – Management standards.

Property owners with farms containing large livestock at densities greater than one animal unit per two acres, and/or small livestock at densities greater than five animals per acre are not required to follow an FMP if said owners adhere to the following management standards. This section shall apply as long as farm practices do not result in violation of any Federal, State or local water quality standards.

(1) Livestock Watering, Wetland and Stream Corridor Management. To minimize livestock access to streams, property owners shall utilize the following livestock watering options:

(a) The preferred option shall be a domestic water supply, stock watering pond, roof runoff collection system, or approved pumped supply from the stream so that livestock are not required to enter streams for their water supply.

(b) Livestock access to Class 1 and 2 streams and their buffers shall be limited to stream crossing and watering points which have been addressed by a crossing or watering point plan designed to SCS/KCD specifications which shall prevent free access along the length of the streams.

(i) Fencing shall be used as necessary to prevent livestock access to Class 1 and 2 streams.

(ii) Bridges may be used in lieu of stream crossings; provided, that piers and abutments shall not be placed within the ordinary high water mark or top-of-bank, whichever is greater. Bridges shall be designed to allow free flow of flood waters and shall not diminish the flood carrying capacity of the stream; these bridges may be placed without a City building permit; provided, that such permit waiver shall not constitute any assumption of liability by the City with regard to such bridge or its placement. The waiver of City building permit requirements does not constitute a waiver from other required agency permits.

(2) Grazing and Pasture Management.

(a) Existing grazing areas not addressed by Chapter 18.65 CMC shall maintain a vegetative buffer of 50 feet from any naturally occurring pond, wetland edge of a Class 1 or 2 wetland (except those wetlands meeting the definition of grazed wet meadows), or the ordinary high water mark of a Class 1 or 2 stream.

(b) Forested lands being cleared for grazing areas shall comply with the sensitive areas ordinance setbacks for Class 1, 2 and 3 streams, and Class 1 and 2 wetlands.

(c) The grazing area buffer may be reduced to 25 feet where a 25-foot buffer of diverse, mature vegetation already exists. This buffer reduction may not be used when forested lands are being cleared for grazing areas.

(d) Fencing shall be used to establish and maintain the buffer.

(e) Fencing installed pursuant to the 1990 SAO prior to the effective date of the ordinance codified in this section at setbacks other than those specified in subsections (2)(a) and (b) of this section shall be deemed to constitute compliance with those requirements.

(f) Grazing areas within 200 feet of a Class 1 or 2 stream or wetland shall not be plowed during the rainy season (October 1st through April 15th).

(g) Grazing areas may extend to the property line; provided, that Class 1 or 2 streams and wetlands adjacent to the property line are buffered in accordance with subsection (2)(a), (b) or (c) of this section.

(3) Confinement Area Management.

(a) In addition to the buffers in subsection (2)(a) and (b) section, confinement areas located within 200 feet of any Class 1 or 2 streams, wetlands or drainage ways shall:

(i) Have a 20-foot-wide vegetative filter strip downhill from the confinement area, consisting of heavy grasses or other ground cover with high stem density and which may also include tree cover;

(ii) Not be located in any Class 1 or 2 stream or wetland buffer area required by the sensitive areas ordinance in effect at the time the confinement area is built, or within 50 feet of any naturally occurring pond, wetland edge of any Class 1 or 2 wetland or the ordinary high water mark of any Class 1 or 2 stream. Fencing shall be used to establish and maintain the buffer. Existing confinement areas which do not meet these requirements shall be modified as necessary to provide the buffers specified herein within five years of the effective date of the ordinance codified in this section; provided further, that the footprint of existing buildings need not be so modified;

(iii) Have roof drains of any buildings in the confinement area diverted away from the confinement area.

(b) Confinement areas may extend to the property line; provided, that streams and wetlands adjacent to the property line are buffered in accordance with subsection (3)(a) of this section.

(4) Manure Management.

(a) Manure storage areas shall be managed as follows:

(i) Surface flows and roof runoff shall be diverted away from manure storage areas.

(ii) During the winter months (October 15th to April 15th), all manure stockpiled within 200 feet uphill of any Class 1 or 2 stream or wetland shall be covered in a manner that excludes precipitation and allows free flow of air to minimize fire danger; or, in the alternative, shall be placed in an uncovered concrete bunker or manure lagoon or held for pickup in a dumpster, vehicle or other facility designed to prevent leachate from reaching any streams or any Class 1 or 2 wetlands. Concrete bunkers shall be monitored quarterly for the first two years after installation, then annually unless problems were identified in the first two years, in which case quarterly monitoring shall continue and appropriate adjustments shall be made.

(iii) Manure shall be stored in a location that avoids having runoff from the manure enter streams or wetlands. Manure piles shall not be closer than 50 feet uphill from any wetland edge, the ordinary high water mark of any stream, or any ditch to which the topography would generally direct runoff from the manure, nor within any stream buffer.

(b) Manure shall be spread on fields only during the growing season, and not on saturated or frozen fields.

(5) Noxious Weeds. None of these standards shall preclude the removal of noxious weeds; provided, that such removal is achieved without the use of chemicals or mechanical methods which would be damaging to stream banks or other vegetation in the buffer.

(6) For purposes of this section, “buffer maintenance” means allowing vegetation in the buffer which provides shade for the stream or acts as a filter for storm water entering the stream, other than noxious weeds, to grow to its mature height; provided, that grasses in the buffer may be mowed but not grazed. Grading in the buffer is allowed only for establishment of watering and crossing points, or for other activities permitted pursuant to the sensitive areas ordinance, with the appropriate permits.

(7) Properties which have existing fencing already installed at distances other than those specified in these standards, and for which farm management plans have been developed based on the existing fencing locations, shall be deemed to be in compliance with the fencing requirements of these standards.

(8) Buffer areas shall not be subject to public access, use or dedication by reason of the establishment of such buffers. (Ord. 42-02 § 2 (21A.30.060))

18.80.070 Animal regulations – Livestock – Building requirements.

(1) In residential zones, fee boarding of livestock other than in a legally established stable shall only be as an accessory use to a resident on the subject property.

(2) A barn or stable may contain a caretaker’s accessory living quarters under the following conditions:

(a) Only one accessory living quarters per primary detached dwelling unit, except in zones where accessory living quarters are specifically prohibited;

(b) The accessory living quarters shall not exceed 500 square feet; and

(3) A barn or stable may contain a caretaker’s accessory dwelling unit as allowed pursuant to these provisions of this title relating to accessory dwelling units. (Ord. 06-05 § 1; Ord. 23-04 § 18; Ord. 42-02 § 2 (21A.30.062))

18.80.080 Animal regulations – Livestock – Education and enforcement.

(1) Education. Enforcement of these livestock standards shall initially emphasize achieving compliance with the standards as the primary objective, rather than the collection of fines or penalties. Fines or penalties are appropriate when a property owner or livestock operator has been advised of necessary corrective actions and has not made those corrections. Where violations of the standards do occur, and such violations are directly linked to identified hazards or the discharge of prohibited contaminants, as enumerated in the City civil penalty ordinance, Chapter 1.30 CMC, code enforcement must emphasize immediate correction of the practices resulting in the hazard or prohibited discharge.

(2) Both the property owner and any renter or lessee of the property, hereinafter referred to “livestock operator,” shall be held responsible for compliance with these standards.

(3) Prima Facie Evidence. Establishment and adherence to a farm management plan as allowed by CMC 18.80.050 or the management standards provided by CMC 18.80.060 shall be prima facie proof of compliance with the regulatory provisions of CMC 13.35.030.

(4) Violations of Specific Standards. The Department shall be responsible for enforcement of the standards set out in this chapter. The Surface Water Management Division shall be responsible for enforcement of water quality violations pursuant to Chapter 13.35 CMC for prohibited discharges and hazards. If a specific standard identified in this chapter is not being adhered to, the operator and owner shall be given notice of noncompliance. The notice shall specify what actions must be taken to bring the property into compliance. The operator and owner shall be given 45 days in which to adhere to the management standards of CMC 18.80.060, or establish a farm management plan pursuant to CMC 18.80.050 as the owner and/or livestock operator may elect for the purpose of compliance. Should the owner and/or livestock operator fail to bring the property into compliance with the standards, the City, after notice, may commence abatement proceedings and impose civil fines 30 days thereafter, to the extent necessary for compliance. Thereafter, upon exhaustion of any appeals, failure of the operator and owner to comply with any continuing order to abate, the operator and owner shall be subject to civil and criminal penalties, and other procedures, as set forth in this title and Chapter 1.30 CMC. (Ord. 10-07 § 13; Ord. 42-02 § 2 (21A.30.066))

18.80.090 Existing livestock operations.

All existing livestock operations shall either implement a farm management plan or meet the management standards in CMC 18.80.060, within five years of the adoption date of this title: existing buildings are exempt from this provision. State standards for fecal coliform, turbidity, and nutrients must be met within five years from the date of adoption of the ordinance codified in this chapter. The Metropolitan Services Department/Water Quality Division shall monitor stream systems for progress in meeting this goal, and report annually to the Council. (Ord. 42-02 § 2 (21A.30.070))

18.80.100 Home occupation.

Residents of a dwelling unit may conduct one or more home occupations as accessory activities, provided:

(1) The total area devoted to all home occupation(s) shall not exceed 20 percent of the floor area of the dwelling unit. Areas with attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home occupation area but may be used for storage of goods associated with the home occupation;

(2) In urban residential zones, all the activities of the home occupation(s) shall be conducted

indoors, except for those related to growing or storing of plants used by the home occupation(s);

(3) No more than one nonresident shall be employed by the home occupation(s);

(4) The following activities shall be prohibited in urban residential zones only:

(a) Automobile, truck and heavy equipment repair;

(b) Auto body work or painting;

(d) Storage of building materials for use on other properties;

(5) In addition to required parking for the dwelling unit, on-site parking shall be provided as follows:

(a) One stall for a nonresident employed by the home occupation(s); and

(b) One stall for patrons when services are rendered on-site;

(6) Sales shall be limited to:

(a) Mail order sales; and

(b) Telephone sales with off-site delivery;

(7) Services to patrons shall be arranged by appointment or provided off-site;

(8) The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:

(a) No more than one such vehicle shall be allowed;

(b) Such vehicle shall not park within any required setback areas of the lot or on adjacent streets; and

(9) The home occupation(s) shall not use electrical or mechanical equipment that results in:

(a) A change to the occupancy type of the structure(s) used for the home occupation(s);

(b) Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or

(10) Uses not allowed as home occupations may be allowed as a home industry pursuant to Chapter 18.80 CMC. (Ord. 42-02 § 2 (21A.30.080))

18.80.110 Home industry.

A resident may establish a home industry as an accessory activity, provided:

(1) The site area shall be no less than one acre;

(2) The area of the home industry shall not exceed 50 percent of the floor area of the dwelling unit. Areas within attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home industry area but may be used for storage of goods associated with the home occupation;

(3) No more than four nonresidents shall be employed in a home industry;

(4) In addition to required parking for the dwelling unit, on-site parking shall be provided as follows:

(a) One stall for each nonresident employee of the home industry; and

(b) One stall for customer parking;

(5) Additional customer parking shall be calculated for areas devoted to the home industry at the rate of one stall per:

(a) One thousand square feet of building floor area; and

(b) Two thousand square feet of outdoor work or storage area;

(6) Sales shall be limited to items produced on-site, except for items collected, traded and occasionally sold by hobbyists, such as coins, stamps, and antiques;

(7) Ten feet of Type I landscaping shall be provided around portions of parking and outside storage areas which are otherwise visible from adjacent properties or public rights-of-way; and

(8) The Director shall ensure compatibility of the home industry by:

(a) Limiting the type and size of equipment used by the home industry to those which are compatible with the surrounding neighborhood;

(b) Providing for setbacks or screening as needed to protect adjacent residential properties;

(d) Determining acceptable levels of outdoor lighting; and

(e) Requiring sound level tests for activities determined to produce sound levels which may be in excess of those set forth in the Covington noise ordinance, Chapter 8.20 CMC. (Ord. 42-02 § 2 (21A.30.090))

18.80.120 Protection of agricultural uses.

(1) Agricultural uses, having long-term commercial significance and existing at the time of adoption of this code, may request that any approval of a development permit, on abutting property, be required to take reasonable steps to protect the existing agricultural use. The determination of long-term commercial significance must first be made by the City Council. The Council, in making such determination, will consider the following:

(a) The property owner, requesting such determination, must submit written verification that the property is in active agricultural production. Such verification may include, but not be limited to, income tax statements showing that the agricultural land is primarily devoted to the commercial production of agricultural uses listed in RCW 36.70A.030(2), and that the property has long-term commercial significance for agricultural production.

(2) The property owner of the long-term agricultural use desiring protection, upon receipt of a notice of a proposed development, must submit, in writing, verified, detailed information what adverse impacts the proposed development will have on the agricultural use and what specific protective measures are needed to protect the agricultural use from such impacts.

(3) In reviewing development permit applications, where an agricultural property owner has requested protection of the agricultural use, the reviewing agency will take the following into consideration:

(a) The unique need(s) of the agricultural use.

(b) The protective measure will be the minimum necessary to provide for the continued operation of the agricultural use, while not adversely impacting the rights of the abutting property owners.