Chapter 6.10
ANIMAL REGULATIONS

Sections:

6.10.010    Animal regulations – Small animals.

6.10.020    Animal regulations – Livestock – Purpose.

6.10.022    Animal regulations – Livestock –Densities.

6.10.023    Farm management plan.

6.10.025    Animal regulations – Livestock –Management standards.

6.10.010 Animal regulations – Small animals.

The raising, keeping, breeding or fee boarding of small animals is subject to any animal control regulation established by city ordinances, and the following requirements:

A. 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 other city ordinances.

B. Other small animals kept outside, including adult cats and dogs, shall be limited to a maximum of 20, unless more are allowed as an accessory use pursuant to subsection (E) of this section; provided, that not more than three of such cats or dogs are unaltered, or as authorized for a hobby kennel or cattery or commercial kennel or cattery.

C. Excluding kennels and catteries, the total number of unaltered adult cats and dogs per household shall not exceed three, whether those animals are kept in a dwelling or outside.

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

E. 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:

1. Birds shall be kept in an aviary or loft that meets the following standards:

a. The aviary or loft shall provide one-half square foot for each parakeet, canary or similar 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;

b. Aviaries or lofts shall not exceed 2,000 square feet, provided this limit shall not apply in rural or agricultural zones;

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

2. Small animals other than birds shall be kept according to the following standards:

a. The minimum site area shall be one-half acre if more than three small animals are being kept;

b. All animals shall be confined within a building, pen, aviary or similar structure;

c. Any covered structure used to house or contain such animals shall maintain a distance of not less than 35 feet to any property line, except structures used to house mink and fox shall be a distance of not less than 150 feet;

d. Poultry, chicken, squab and rabbits are limited to a maximum of one animal per one square foot of structure used to house such animals, up to a maximum of 2,000 square feet; provided, that this maximum structure size limit shall not apply in rural or agricultural zones;

e. Hamsters, nutria and chinchilla are limited to a maximum of one animal per square foot of structure used to house such animals, up to a maximum of 2,000 square feet; provided, that this maximum structure size limit shall not apply in rural or agricultural zones;

f. Mink and fox are permitted only on sites having a minimum area of five acres;

g. Beekeeping is limited as follows:

i. Beehives are limited to 50 on sites less than five acres;

ii. The number of beehives shall not be limited on sites of five acres or greater;

iii. Colonies shall be maintained in movable-frame hives at all times;

iv. Adequate space shall be provided in each hive to prevent overcrowding and swarming;

v. Colonies shall be requeened following any swarming or aggressive behavior;

vi. All colonies shall be registered with the county extension agent prior to April 1st of each year, on a state registration form acceptable to the county; and

vii. 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.

3. Kennels and catteries are subject to the following requirements:

a. For kennels located on residential zoned sites:

i. The minimum site area shall be five acres; and

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

b. For kennels located on nonresidential zoned sites, run areas shall be completely surrounded by an eight-foot solid wall or fence; and

c. 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. 2001-248 § 57).

6.10.020 Animal regulations – Livestock – Purpose.

The primary purpose of this section is to support the raising and keeping of livestock in the city by setting livestock densities and by implementing applicable best management practices for land used to accommodate such livestock in ways which reduce the impact of livestock on the environment, particularly with regard to their impacts on water quality. The regulations set forth in this section are intended to be consistent with livestock welfare. (Ord. 2001-248 § 57).

6.10.022 Animal regulations – Livestock –Densities.

The raising, keeping, breeding or fee boarding of livestock is subject to the following requirements:

A. The minimum site which may be used to accommodate large livestock shall be 35,000 square feet; provided, that the portion of the total site area used for confinement or grazing meets the requirements of this section.

B. The maximum number of livestock shall be as follows:

1. Commercial dairy farms: as authorized by the Washington State Department of Ecology NPDES permit;

2. Stables with covered arenas for which farm management plans are implemented and maintained pursuant to NMC 6.10.023 such that pasture and paddock use does not exceed the equivalent of three animals using the areas on a full-time basis, up to six resident horses per acre; provided further, that higher densities may be allowed subject to the conditional use permit process to confirm compliance with the management standards;

3. For all large livestock not covered by subsections (B)(1) or (2) of this section:

a. If a farm management plan pursuant to NMC 6.10.023 is implemented and maintained, or in the alternative, all of the management standards of NMC 6.10.025 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 (B)(4) of this section;

b. If subsection (B)(3)(a) of this section is not met, one horse, cow or similarly sized animal (excluding any young under six months of age) per two acres of fenced grazing area;

4. Five of each or any combination of small livestock (excluding sucklings) per one acre of fenced pasturage, or per one-half acre of total site area subject to the management standards set out in NMC 6.10.025. (Ord. 2001-248 § 57).

6.10.023 Farm management plan.

In order to achieve the maximum livestock density allowances provided for in NMC 6.10.022, a farm management plan (conversion plan) developed by the property owner with the assistance of the King County conservation district which incorporates best management practices for grazing and pasture management, manure management, watering and feeding area management, and stream corridor management must be developed, implemented and maintained. Such plans must include a schedule for implementation and shall be reviewed by the SWM division if the plan is for a site that has streams or wetlands present. Any Indian tribe with tribal rights to protection of the fisheries habitat provided by the site shall have 60 days from plan submission to comment on the plan. The plan must, as a minimum, achieve 25-foot vegetated buffers for all Class 1 and Class 2 streams on the site, and assure that drainage ditches on the site do not channel animal waste to such streams. (Ord. 2001-248 § 57).

6.10.025 Animal regulations – Livestock –Management standards.

A. As an alternative to a farm management plan, any property owner may implement the following management standards:

1. Livestock access to streams and their buffers shall be limited to stream crossings which have been addressed by a crossing plan designed to SCS/SCD specifications which shall prevent free access along the length of the stream; fencing shall be used to meet this standard wherever topographic constraints or impassable vegetative barriers do not prevent livestock access to streams. 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 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 areas not addressed by the sensitive areas regulations shall maintain buffers of 10 feet from any naturally occurring pond, wetland edge of a Class I or II wetland (except those wetlands meeting the definition of a grazed wet meadow) or the ordinary high water mark of a Class 1 or 2 stream (excluding grazed wet meadows) within five years of the effective date of this section. If the buffer does not contain vegetation sufficient for bank stability and biofiltration, fencing or timed rotational grazing shall be used to establish and maintain the buffer.

3. Confinement areas located within 200 feet of any Class 1 or 2 streams shall:

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

b. Not be located in any stream or wetland buffer area required by the city’s sensitive areas regulations in effect at the time the confinement area is built, or within 50 feet of any naturally occurring pond, wetland edge of any Category I or II wetland or the ordinary high mark of any Class 1 or 2 stream, unless some other distance has been approved by a city permit issued following an environment review or by a conservation district plan pursuant to subsection (B) of this section. 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 this section; provided further, that buildings in the confinement area need not be modified;

c. Have roof drains of any buildings in the confinement area diverted away from the confinement area.

4. Manure storage areas shall be managed as follows:

a. Surface flows and roof runoff shall be diverted away from manure storage areas;

b. All manure stockpiled within 200 feet of any stream or wetland shall be covered during the winter months (October 15th to April 15th) in a manner that excludes precipitation and allows free flow of air to minimize fire danger; and

c. 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 to 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 in any stream buffer.

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

B. The following setback and buffer requirements apply to the keeping of livestock:

1. Any building used to house, confine or feed livestock shall not be located closer than 10 feet to any boundary property line or 35 feet to any residence existing when the livestock structure is built, and shall be increased to 100 feet for any building used to house, confine or feed swine.

2. Any building used to house, confine or feed livestock shall not be located closer than 35 feet to any dwelling unit or accessory living quarters on the same premises, except that a barn or stable may contain a caretaker’s accessory living quarters.

3. There shall be no uncovered storage of manure, shavings or similar organic material closer than 45 feet to any dwelling unit or accessory living quarters.

4. Grazing and confinement areas may extend to the property line.

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

D. A barn or stable may contain a caretaker’s accessory living quarters. (Ord. 2001-248 § 57).