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HomeMy WebLinkAbout2019-10-07-I01 Urban Chicken Ordinance - PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 7, 2019 AGENDA ITEM: Public Hearing on an ordinance to amend Chapter 165, Zoning Regulations, Administration and Enforcement and Chapter 169, Zoning Regulations, District Regulations, Waukee, Iowa by adding provisions for Urban Chickens FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The topic of Urban Chickens has previously been discussed at a Council Work Session. Staff was directed to create an ordinance for consideration to allow Urban Chickens. Staff completed research related to several urban chicken ordinances throughout the State. Locally, urban chickens are only permitted within the City of Des Moines and City of Norwalk. The proposed Ordinance would allow for the keeping of up to six chickens on residential properties located within an R-1 or R-2 zoning district. The proposed ordinance restricts to the keeping of hens only. No roosters would be permitted. Staff has proposed an annual application/licensing process that would be managed by the City’s code enforcement officer and would include information on the number of chickens being kept along with information related to the site/structures necessary for the keeping of chickens. The proposed ordinance includes specifications for structures necessary to house the chickens as well as minimum setback requirements for such structures. Finally, the proposed ordinance addresses noise, odor and nuisance provisions. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the proposed Ordinance at their meeting held on October 1, 2019 and recommended approval: Approval for an ordinance to amend Chapter 165- Zoning Regulations, Administration and Enforcement and Chapter 169 – Zoning Regulations, District Regulations to incorporate provisions for Urban Chickens. Director of Development Brad Deets introduced the request for the amendment to current ordinances to allow for Urban Chickens in residential areas zoned R-1 and R-2. Mr. Deets advised it has been a council priority and that the suggested amendment would allow a maximum of 6 chickens per property in the R-1 and R-2 zoning districts provided that the applicant can accommodate the requirements described in the ordinance. This would include proper housing of the chickens, complying with noise and odor ordinances, submitting an annual application, and taking a class about raising urban chickens. I1 Mr. Deets also mentioned that it should be noted that residential Covenants can still restrict the presence of urban chickens. At this time staff would request consideration for the proposed ordinance.  Commissioner Broderick questioned if the ordinance would cause issues with surrounding hatcheries. Mr. Deets advised that the ordinance does indicate that the chickens are for owner enjoyment, not for commercial use.  Commissioner Tietz questioned if a coop will be required. Mr. Deets advised coops will be required and that chickens will be stored from dusk to dawn and made to be predator proof while providing appropriate ventilation. Commissioner Tietz moved to approve an ordinance to amend Chapter 165- Zoning Regulations, Administration and Enforcement and Chapter 169 – Zoning Regulations, District Regulations to incorporate provisions for Urban Chickens. The motion was seconded by commissioner Koshy. Ayes: Tietz, Broderick, Hoifeldt, and Koshy. Nays: None. Motion Carries. STAFF REVIEW AND COMMENT: RECOMMENDATION: Hold the Public Hearing. ATTACHMENTS: I. PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: September 26, 2019