Chapter 18.33 KEEPING OF ANIMALS IN RESIDENTIAL ZONES

Chapter 18.33
KEEPING OF ANIMALS IN RESIDENTIAL ZONES¹

Sections

18.33.010 Scope.

18.33.020 Applicability.

18.33.030 Purpose of limitations.

18.33.040 Types of animals regulated.

18.33.050 Minimum requirements – Additional controls authorized when.

18.33.060 Household pet requirements.

18.33.070 Small domestic animal requirements.

18.33.080 Large domestic animal requirements.

18.33.090 Bee requirements.

18.33.100 Notification to nearby property owners required when.

18.33.110 Modification of regulations – City manager authority.

18.33.120 Appeals.

18.33.130 Complaint procedures – Violation – Penalty – Additional remedies.

18.33.140 Pre-existing uses – Grace period.

18.33.010 Scope.

This chapter establishes special regulations for the keeping of animals in any zone where a dwelling unit is permitted. [Ord. 532 § 1, 1981.]

18.33.020 Applicability.

This chapter applies to the keeping of animals in any zone where a dwelling unit is permitted; provided, that with respect to suburban estate zones found in chapter 18.19 DMMC this chapter is intended to supplement the provisions contained therein, and any conflict between this chapter and chapter 18.19 DMMC shall be resolved in favor of chapter 18.19 DMMC; and provided further, that this chapter is intended to supplement the provisions of DMMC 18.08.020(19) (related to the keeping of horses or cattle) and any conflict between this chapter and DMMC 18.08.020 (19) shall be resolved in favor of this chapter; and provided further, that the keeping of animals is forbidden in commercial zones except as otherwise specifically permitted. [Ord. 1237 §§ 3, 4, 1999; Ord. 532 § 2, 1981.]

18.33.030 Purpose of limitations.

The limitations on keeping of animals in residential zones contained in this chapter have the following purposes:

(1) To maintain the general health and sanitation of the city;

(2) To maintain the character of residential neighborhoods within the city;

(3) To minimize any nuisances which may result from the keeping of animals. [Ord. 532 § 3, 1981.]

18.33.040 Types of animals regulated.

Animals are regulated according to the following categories. The expression “adult animal” refers to any animal that has attained the age of 90 days.

(1) Household Pets. The following adult animals are regulated as household pets:

(a) Three dogs or fewer per dwelling unit;

(b) Three cats or fewer per dwelling unit;

(d) Two miniature potbellied pigs per dwelling unit;

(e) In combination, no more than three of the following animals: dogs, cats, miniature potbellied pigs, or rabbits per dwelling unit;

(f) Gerbils;

(g) Guinea pigs;

(h) Hamsters;

(i) Mice;

(j) Cage birds;

(k) Tank fish;

(l) Nonvenomous reptiles and amphibians; and

(m) Other animals normally associated with a dwelling unit, and that are generally housed within the dwelling unit.

(2) Small Domestic Animals. The following adult animals are regulated as small domestic animals:

(a) More than three dogs per dwelling unit;

(b) More than three cats per dwelling unit;

(d) More than two miniature potbellied pigs per dwelling unit;

(e) In combination, more than three of the following animals: dogs, cats, miniature potbellied pigs, or rabbits per dwelling unit; and

(f) Fowl.

(3) Large Domestic Animals. The following adult animals are regulated as large domestic animals:

(a) Horses;

(b) Cattle;

(d) Pigs;

(e) Goats; and

(f) Other grazing or foraging animals.

(4) Bees. [Ord. 1091 § 2, 1994: Ord. 532 § 4, 1981.]

18.33.050 Minimum requirements – Additional controls authorized when.

DMMC 18.33.060 through 18.33.090 constitute the minimum requirements for the keeping of animals in the city. Nothing contained in DMMC 18.33.060 through 18.33.090 shall limit the authority of the city manager to require additional controls if, in his judgment, additional controls are needed to effect the purposes of this chapter. Further, nothing contained in DMMC 18.33.060 through 18.33.090 shall relieve a keeper of animals from compliance with any other city, county, or state law regulating the keeping of animals. The city manager is authorized to delegate his review authority. [Ord. 532 § 5(part), 1981.]

18.33.060 Household pet requirements.

Minimum requirements for the keeping of household pets are as follows:

(1) Required procedure: none;

(2) Application information: none;

(3) Maximum number of adult animals per one dwelling unit:

(a) Dogs: three;

(b) Cats: three;

(d) Miniature potbellied pigs: two;

(e) In combination, a total number of dogs, cats, miniature potbellied pigs, or rabbits: three;

(f) Other: no maximum;

(4) Minimum lot size: As required by general zoning regulations;

(5) Minimum setback: None;

(6) Special regulations and requirements: Household pets, excluding dogs, cats, rabbits, and miniature potbellied pigs shall be housed within the dwelling unit. If housed outside of the dwelling units, household pets excluding dogs, cats, rabbits, and miniature potbellied pigs are regulated as small domestic animals. [Ord. 1091 § 3, 1994: Ord. 532 § 5(A), 1981.]

18.33.070 Small domestic animal requirements.

Minimum requirements for the keeping of small domestic animals are as follows:

(1) Required procedure: City manager review;

(2) Application information:

(a) A site plan indicating the location of the dwelling units, and structure used to house the animals, and any roaming or grazing area;

(b) A vicinity map indicating the type of use on property abutting the subject property and the location of any structures on abutting property;

(3) Maximum number of adult animals per one dwelling unit: 10 per 22,000 square feet, plus an additional five adult animals for each 11,000 square feet of lot size;

(4) Minimum lot size: 22,000 square feet per dwelling unit;

(5) Minimum setback: Any structure or enclosure used to house animals must be at least 35 feet from a property line and at least 45 feet from any dwelling unit located on an adjacent lot. Any “run” or animal exercise area must be at least 20 feet from any property line, and at least 30 feet from any dwelling unit located on an adjacent lot, and shall be constructed to effect these setbacks;

(6) Special regulations and requirements:

(a) The city may limit the number of animals allowed to less than the maximum considering:

(i) Proximity to dwelling units both on and off the subject property;

(ii) Lot size and isolation;

(iii) Compatibility with surrounding uses;

(iv) Potential noise impacts;

(b) The applicant must provide a suitable structure to house the animals, and must maintain that structure in a clean condition;

(c) If an abutting property owner files a signed and notarized statement in support of the request, the city may permit a “run” or exercise area to extend to the property line in common with the abutting property. Such release shall be effective until revoked in writing by the abutting property owner and the city;

(7) Screening: The city may require screening to mitigate financial, health, and aesthetic impacts on adjacent residential property when such residential property is used for residential purposes. The screening shall consist of a solid wall, a view-obscuring fence or hedge not less than five feet nor more than six feet in height, which will be erected and maintained on any exterior boundary that is common with property used for residential purposes, or shall consist of predominantly view-obscuring evergreen shrubs and trees of a type, number, location, height, and size approved by the city. [Ord. 1237 § 4, 1999; Ord. 532 § 5(B), 1981.]

18.33.080 Large domestic animal requirements.

Minimum requirements for the keeping of large domestic animals are as follows:

(1) Required procedure: City manager review;

(2) Application information:

(a) A site plan indicating the location of the dwelling units, and structure used to house the animals, and any roaming or grazing area;

(b) A vicinity map indicating the type of use on property abutting the subject property and the location of any structures on abutting property;

(3) Maximum number of adult animals per one dwelling unit: One per 35,000 square feet and one per each additional 17,500 square feet;

(4) Minimum lot size: 35,000 square feet per dwelling unit;

(5) Minimum setback: Any structure or enclosure used to house animals must be at least 35 feet from a property line and at least 45 feet from any dwelling unit located on an adjacent lot. Roaming or grazing areas must be at least 20 feet from any property line, and at least 30 feet from any dwelling unit located on an adjacent lot, and shall be constructed to effect these setbacks;

(6) Special regulations and requirements:

(a) If an abutting property owner files a signed and notarized statement in support of the request, the city may permit roaming or grazing areas to extend to the property line in common with the abutting property. Such release shall be effective until revoked in writing by the abutting property owner and the city;

(b) The city may limit the number of animals allowed to less than the maximum considering:

(i) Proximity to dwelling units both on and off the subject property;

(ii) Lot size and isolation;

(iii) Compatibility with surrounding uses;

(iv) Potential noise impacts;

(c) The applicant must provide a suitable structure to house the animals, and must maintain that structure in a clean condition;

18.33.090 Bee requirements.

Minimum requirements for the keeping of bees are as follows:

(1) Required procedure: City manager review;

(2) Application information: Show compliance with subsections (4), (5) and (6) of this section;

(3) Maximum number of adult animals per one dwelling unit: No maximum;

(4) Minimum lot size: 12,500 square feet per dwelling unit;

(5) Minimum setback: Hive must be at least 20 feet from a property line;

(6) Special regulations and requirements:

(a) A hive must be enclosed by a fence, at least four feet high;

(b) The applicant must install at least two signs, measuring two square feet each, which provide notice and warning of the hive;

18.33.100 Notification to nearby property owners required when.

In order to give all interested parties an opportunity to avail themselves of the appellate procedure contained in DMMC 18.33.120, the following procedure shall be followed in applications for small domestic animals, large domestic animals, and bee review. The applicant shall give notice of the pending application to all property owners within 300 feet of the applicant’s property in the same manner as that required for a zoning amendment. Thereafter, the city manager shall give notice of his decision to any such property owner who has previously requested such notification in writing. [Ord. 532 § 6, 1981.]

18.33.110 Modification of regulations – City manager authority.

The city manager shall have authority, either at the request of a property owner or on his own initiative, to modify any approval granted pursuant to this chapter if conditions on adjacent lots have substantially changed and the city manager concludes such modifications are necessary to effect the purposes of this chapter. [Ord. 532 § 7, 1981.]

18.33.120 Appeals.

A person aggrieved by a decision of the city manager or his designee under this chapter may appeal such decision to the hearing examiner by filing a written notice of appeal within 10 days of such decision. Such appeal shall be in accordance with the hearing examiner code. [Ord. 770 § 58, 1988: Ord. 532 § 8, 1981.]

18.33.130 Complaint procedures – Violation – Penalty – Additional remedies.

A violation of the provisions of this chapter shall be prosecuted on a written complaint basis; that is, a prosecution shall be initiated upon the written complaint of a citizen filed with the city clerk. Upon the filing of such written complaint, the city clerk shall notify the property owner in writing of the violation and shall give the property owner 30 days to cure the violation. Such notice shall be by certified mail. If the violation is not cured at the conclusion of such 30-day period, the city attorney shall initiate a prosecution. A violation of a provision of this chapter shall be a criminal offense. The municipal court judge shall further have jurisdiction to order the property owner to cure the violation, and if not timely cured, the property owner shall be subject to a penalty not to exceed $50.00 for each additional day of violation. [Ord. 610 § 28, 1984: Ord. 532 § 9, 1981.]

18.33.140 Pre-existing uses – Grace period.

Uses in existence on November 2, 1981, the effective date of this chapter, which are in violation of this chapter shall be permitted to exist for one year after the effective date of this chapter. No criminal prosecution shall be initiated during such grace period. The burden of proof shall be on the occupier of land to establish the facts of such pre-existing use. [Ord. 532 § 11, 1981.]

For additional provisions on animal regulations, see Title 8 DMMC.