HomeMy WebLinkAbout2019-11-18-Ordinance 2943_Urban ChickensORDINANCE NO.2943
AN ORDINANCE TO AMEND CHAPTER 165, ZONING REGULATIONS,
ADMINISTRATION AND ENFORCEMENT AND CHAPTER 169 ZONING
REGULATIONS, DISTRICT REGULATIONS BY ADDING PROVISIONS AND
RESTRICTIONS FOR URBAN CHICKENS
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 165, Waukee Municipal Code, Zoning Regulations, Administration
and Enforcement, is hereby amended by inserting the following as Section 165.19 and
renumbering the remaining sections within the Chapter 165 as 165.20 and 165.21:
165.19 URBAN CHICKENS
Definitions.
A. "Chicken" means a member of the subspecies Gallus gallus domesticus, a domesticated
fowl.
B. "Chicken Run" means an enclosed, fenced area exclusively devoted to raising chickens.
C. "Chicken Tractor" means a lightweight portable chicken coop without a solid floor that
allows the chickens to forage for weeds and insects.
D. "Ilenhouse" means a hen house or chicken coop structure where female chickens are
kept.
E. "Permittee" means an applicant who has been granted a permit to raise, harbor, or keep
chickens pursuant to this Chapter. If the applicant does not own the property where the
chickens are to be kept, the owner of the property must be the joint permittee.
F. "Permitting Officer" means the Administrative Official or designee.
G. "Tract of land" shall mean a property with a R-1 Single Family Residential District or R-
2 One and Two Family Residential District zoned lot that has one single family dwelling
located on that property or zoned lot.
H. "Urban Chicken" means a chicken kept on a permitted tract of land pursuant to a permit
issued under this chapter.
2. Administration — Permit Required.
A. Permit Required. No person shall raise, harbor or keep chickens within the City of
Waukee without a valid permit obtained from the Permitting Officer under the provisions of
this chapter.
B. Application. In order to obtain a permit, an applicant must submit a completed
application on forms provided by the Permitting Officer and pay all fees required as
approved from time to time by resolution of the City Council.
C. Requirements. The requirements to receive a permit shall include:
(1) All requirements of this chapter being met.
(2) All fees, as may be provided for from time to time by City
Council resolution, for the permit are paid in full.
(3) All amounts owed to the city, including but not limited to liens,
fines and judgements must be paid in full.
(4) The tract of land to be permitted shall contain only one single
family dwelling occupied and used as such by the permittee. Owner
permission shall be required if the single family dwelling is occupied
by someone other than the owner.
(5) The applicant has successfully completed an approved class in
raising chickens in an urban setting. A certificate or other
documentation of completion shall be provided to the Permitting
Officer. The Permitting Officer shall maintain a current list of such
approved classes.
D. Issuance of Permit. If the Permitting Officer concludes as a result of the information
contained in the application that the requirements for a permit have been met, then the officer
shall issue the permit.
E. Denial, Suspension, Revocation, Non -Renewal. The Permitting Officer may deny,
suspend, revoke, or decline to renew any permit issued for any of the following grounds:
(1) False statements on any application or other information or report
required by this section to be given by the applicant;
(2) Failure to pay any application, penalty, re inspection or reinstatement
fee required by this section or city council resolution;
(3) Failure to correct deficiencies noted in notices of violation in the
time specified in the notice;
(4) Failure to comply with the provisions of an approved
mitigation/remediation plan by the Permitting Officer, or designee;
(5) Failure to comply with any provision of this chapter.
F. Notification. A decision to revoke, suspend, deny or not renew a permit shall be in
writing, delivered by ordinary mail or in person to the address indicated on the application.
The notification denial or revocation.
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G. Effect or Revocation, etc. When an application for a permit is denied, or when a permit
is revoked, the applicant may not re -apply for a new permit for a period of one (1) year from
the date of the denial or revocation.
H. Appeals. No permit may be denied, suspended, revoked, or not renewed without notice
and an opportunity to be heard is given the applicant or holder of the permit. In any instance
where the Permitting Officer has denied, revoked, suspended, or not renewed a permit, the
applicant or holder of Urban Chicken may appeal the decision to the City Administrator, or
designee other than the Permitting Officer within ten (10) business days of receipt by the
applicant or holder of the permit of the notice of the decision. The applicant or holder o fhte
permit will be given an opportunity for a hearing. The decision of the officer hearing the
appeal, or any decision by the Permitting Officer which is not appealed in accordance to this
chapter shall be deemed final action.
Number and Type of Chickens Allowed.
A. Only a maximum of six female chickens (hens) are allowed for each tract of land.
4. Zoning Districts Allowed. Permits will be granted only for tracts of land located in a R-1
or R-2 residential district as identified on the current Official Zoning Map on file with the
City of Waukee.
Non -Commercial Use Only. A permit shall not allow the permittee to engage in chicken
breeding or fertilizer production for commercial purposes.
Enclosures.
A. Chickens must be kept in enclosure or fenced area at all times. Chickens shall be secured
within a henhouse or chicken tractor during non -daylight hours.
B. Enclosures must be kept in a clean, dry, odor -free, neat and sanitary condition at all
times.
C. Henhouses, chicken tractors and chicken pens must provide adequate ventilation and
adequate sun and shade and must be impermeable to rodents, wild birds and redators,
including dogs and cats.
D. Henhouses and chicken tractors.
(1) Henhouses and chicken tractors shall be designed to provide safe
and healthy living conditions for the chickens with a minimum of
four (4) square feet per bird while minimizing adverse impacts to
other residents in the neighborhood.
(2) A henhouse or chicken tractor shall be enclosed on all sides and
shall have a roof and doors. Access doors shall be able to be shut
and locked at night. Opening windows and vents shall be covered
with predator and bird proof wire of one inch or smaller openings.
(3) The materials used in making a henhouse or chicken tractor shall
be uniform for each element of the structure such that the walls are
made of the same material, the roof has the same shingles or other
covering, and any windows or openings are constructed using the
same materials. The use of scrap, waste board, sheet metal, or
similar materials is prohibited. Henhouses and chicken tractors
shall be well maintained.
(4) Henhouses, chicken tractors and chicken pens shall only be located
in the rear yard.
(5) Henhouses, chicken tractors and chicken pens must be located at
least ten (10) feet from the property line and at least twenty-five
(25) feet from any adjacent residential principal structure and shall
meet all other accessory structure provisions of the zoning
ordinance.
7. Odor and Noise Impacts.
A. Odors from chickens, chicken manure or other chicken related substances shall not be
perceptible beyond the boundaries of the permitted tract of land.
B. Noise from chickens shall not be loud enough beyond the boundaries of the permitted
tract of land at the property boundaries to disturb persons of reasonable sensitivity.
8. Predators, Rodents, Insects and Parasites. The Permittee shall take necessary action to
reduce the attraction of predators and rodents and the potential infestation of insects and
parasites. Chickens found to be infested with insects and parasites that may result in
unhealthy conditions to human habitation may be removed by the City Health Officer.
9. Feed and Water. Chickens shall be provided with access to feed and clean water at all
times. The feed and water shall be unavailable to rodents, wild birds and predators.
10. Waste Storage and Removal. All stored manure shall be covered by a fully enclosed
structure with a roof or lid over the entire structure. No more than three (3) cubic feet of
manure shall be stored on the permitted tract of land. All other manure not used for
composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen
and surrounding area must be kept free from trash and accumulated droppings, Uneaten
feed shall be removed in a timely manner.
11. Chickens at Large. The Permittee shall not allow the Permittee's chicken's to roam off
the permitted tract of land. No dog or cat or other domesticated animal which kills a
chicken off the permitted tract of land will, for that reason alone, not be considered a
dangerous or aggressive animal or the city's responsibility to enforece its animal control
provisions.
12. Unlawful Acts.
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A. It shall be unlawful for any person to keep chickens in violation of any provision of this
chapter or any other provision of the Waukee Municipal Code.
B. It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to
be kept on the property in violation of the provisions of this article.
C. No person shall keep chickens inside a single family dwelling unit or any other structure
than an approved henhouse or chicken tractor.
D. No person shall slaughter any chickens within the City of Waukee outside of legally
operating poultry production facilities.
E. No person shall keep a rooster.
F. No person shall keep chickens on a vacant or uninhabited tract of land.
13. Nuisances. Any violation of the terms of this chapter that constitutes a health hazard or
that interferes with the use or enjoyment of neighboring property is a nuisance and may
be abated under the general nuisance abatement provisions of the Waukee Municipal
Code.
Section 2. Chapter 169 Zoning Regulations, District Regulations, is hereby amended by
removing and replacing Section 169.05(1)(A) with the following:
A. Agricultural and usual agricultural buildings and structures; but not including commercial
livestock feed lots, poultry farms, grain storage, and drying facilities. No farm animals, including
and not limited to horses, cattle, sheep, swine, or fowl shall be kept within the city limits of the
City of Waukee, except in the A-1 District on tracts of one (1) or more acres and except Urban
Chickens as permitted within R-1 and R-2 Districts subject to requirements as specified in
Section 165.19.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 5. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the 18th day of November, 2019, and approved this 18th day of November,
2019.
liam F. ear , M yor
Attest:
e- HAPV4
Rebecca D. Schuett, City Clerk