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HomeMy WebLinkAboutOrdinance - 2565 - Amend Title 7 ORDINANCE NO. 2565 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 7 (ANIMALS), CHAPTER 7.08 (BEES), OF THE REDDING MUNICIPAL CODE BY AMENDING SECTIONS 7.08.010 (KEEPING PROHIBITED), AND ADDING SECTIONS 7.08.050 (VIOLATIONS/REVOCATIONS) AND 7.08.060 (DEFINITIONS), AND AMENDING TITLE 18 (ZONING), CHAPTER 18.43 (STANDARDS FOR SPECIFIC LAND USES), BY AMENDING SECTION 18.43.040 (ANIMALS), ALL RELATING TO THE KEEPING OF BEES THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 7 (Animals), Chapter 7.08 (Bees), Section 7.08.010 (Keeping Prohibited) of the Redding Municipal Code is hereby amended to read as follows: 7.08.010—Keeping Prohibited. No person shall keep, have, maintain or protect upon his or her premises, or any premises or lot within the city, any apiary or colony, hive, cluster, or swarm of stinging insects other than bees pursuant to the following provisions: A. Any person keeping bees for noncommercial purposes shall obtain a zoning clearance from the Development Services Director and provide an affidavit certifying that the owner understands and agrees to comply with the following requirements: 1. Any owner/occupant of a lot within any zoning district containing at least six thousand square feet of lot area and a single-family dwelling may keep up to three colonies of bees. Each colony shall be housed within a hive. 2. Hives shall be comprised of a combination of brood chamber and supers which do not exceed six feet in height above ground level, including any stand or rack upon which the hives are placed. 3. Hives shall be registered with the Shasta County Agricultural Commissioner's Office pursuant to California Food and Agricultural Code§ 29040. 4. Minimum six-foot tall flight dispersion barriers (e.g. solid fences, walls, and/or QJ hedges) shall be maintained in a good state of repair to the satisfaction of the f� Development Services Director. 5. An appropriately sized water source for the exclusive use of the colonies shall be maintained on the same property where the colonies are kept to the satisfaction of the Development Services Director. In the event there is a natural or artificial water source on an abutting residential property, the colonies must be positioned nearer to the on-site water source than the off-site water source. Page 1 6. Applicants shall provide a site plan or other information determined necessary by the Development Services Director to determine compliance with this section. 7. No person shall willingly and knowingly keep Africanized bees. B. The keeping of bees for commercial purposes shall be permissible pursuant to the following provisions: 1. Any person keeping bees for commercial purposes on properties with a lot area of five acres or greater within a Residential District or on properties of any size within a non-Residential District shall obtain a zoning clearance from the Development Services Director and provide an affidavit certifying that the owner understands and agrees to comply with the provisions of this section. 2. No person shall keep bees for commercial purposes on properties with a lot area of less than five acres within a Residential District unless a Use Permit has been granted pursuant to Chapter 18.14 of the Redding Zoning Ordinance. 3. Hives shall be maintained at least one hundred feet from public streets and highways, except for temporary purposes of transporting hives, unless a Use Permit has been granted which permits a reduced setback. 4. Hives shall be situated no closer than three hundred feet from any off-site residence or dwelling, unless a Use Permit has been granted which permits a reduced setback. 5. Commercial apiaries shall be a minimum of one mile from any nucleus apiary, except where: A. The nucleus apiary less than one mile away is registered to the same person; or B. Written permission is provided to the Shasta County Agricultural Commissioner from the owner of the encroached upon nucleus apiary. 6. Hives shall be registered with the Shasta County Agricultural Commissioner's Office pursuant to California Food and Agricultural Code § 29040. 7. Applicants shall provide a site plan or other information determined necessary by the Development Services Director to determine compliance with this section. 8. No person shall willingly and knowingly keep Africanized bees. Section 2. Title 7 (Animals), Chapter 7.08 (Bees), Section 7.08.050 (Violations/Revocations) is hereby added to the Redding Municipal Code to read as follows: Page 2 7.08.050 - Violations/Revocations. Enforcement of the provisions of this Chapter may include, but are not limited to, civil and equitable remedies as permitted by state law and the issuance of a citation and fine, or other administrative process or remedy as provided by Chapters 1.12, 1.13, or 1.14 of the Redding Municipal Code. Upon notification by the City, any keeping of bees in violation of the requirements of this section must terminate operations immediately. Further, a use permit issued under the authority of this section may be revoked in accordance with the procedures established in Chapter 18.11 of the Redding Municipal Code. Section 3. Title 7 (Animals), Chapter 7.08 (Bees), Section 7.08.060 (Definitions) is hereby added to the Redding Municipal Code to read as follows: 7.08.060—Definitions. For the purpose of this chapter, the following words, names and terms shall be construed, unless the context otherwise requires, as follows: A. "Apiary" shall have the meaning assigned to it by California Food and Agricultural Code § 29002 as it may be amended from time to time. B. "Bees" means honey-producing insects of the genus Apis. C. "Brood Chamber" means a box devoted to the rearing of immature bees. D. "Colony" means one hive and its contents, including bees, comb, and appliances. E. "Hive"means a receptacle or container made for the use of bees. F. "Nucleus Apiary" means an apiary registered with the Shasta County Agricultural Commissioner's Office with nucleus colonies primarily used for queen bee rearing and mating. G. "Super" means a box with frames in which honey is produced. Section 4. Title 18 (Zoning), Chapter 18.43 (Standards For Special Land Uses), Section 18.43.040 (Animals) of the Redding Municipal Code is hereby amended to read as follows: 18.43.040 -Animals. The keeping of animals is consistent with the rural lifestyle emphasized in low-density residential development districts and can enhance the rural charm of these districts and areas. It is also appropriate that hen chickens and bees be allowed within a more urban environment to the extent that they do not constitute a nuisance to neighboring properties. To permit the keeping of Page 3 animals and ensure that their presence does not create an undue burden on neighboring residents, the following standards will apply, unless otherwise provided in the applicable zoning district. A. The keeping of cats, dogs, and other household pets for noncommercial purposes and the keeping of bees for noncommercial and commercial purposes is permitted in accordance with Title 7 of the Municipal Code. B. For noncommercial purposes, the keeping of the following animals shall be permitted in districts zoned "RL," "RE," and "RS." No slaughtering or processing shall be permitted in these zoning districts. The minimum site area of the parcel shall be as specified, and the number of animals allowed is subject to the requirements of subsections (D) and (E) below. 1. Large animals 40,000 square feet 2. Small animals 20,000 square feet 3. Hen chickens No site area limitations C. All animal enclosures, including corrals, pens, feed areas, paddocks, uncovered stables and similar enclosures are subject to the following setback requirements: (1) enclosures shall not be within fifteen feet of a side or rear property line (except when adjacent to an alley) or within fifty feet of a front property line, and (2) enclosures shall not be located closer to any residence on an adjoining property than the distance specified below: 1. Large animals: A. Horses, mules, donkeys,jennies, etc. 75 feet B. Cattle 75 feet C. Pigs, hogs* 500 feet D. Goats 100 feet E. Sheep 75 feet F. Large fowl 75 feet * Maximum number allowed is three sows and one boar. 2. Small animals: A. Poultry 40 feet B. Rabbits 40 feet Page 4 Exception - Hen Chickens. The side and rear property line setbacks may be reduced to five feet, and the setbacks from a residence on an adjoining property may be reduced to thirty feet for the keeping of hen chickens if the resident(s)/property owner(s) on abutting property or properties provide written permission to the city, in a form acceptable to the development services director, that reduced setbacks are acceptable to them. The zoning clearance provisions of Section 18.12.030A.2. shall be utilized for this purpose. Permission granted in accordance with this section may be revoked within sixty days by the person or persons residing on or owning the abutting property by notifying the development services department in writing, as well as those persons maintaining hen chickens within setback areas. Upon revocation, the setbacks established by this section shall be adhered to. D. Animals are described in terms of"units" in this section to further define the relationships among animals of various sizes and to determine the number of animals allowed on a given parcel. Animal types are defined in Chapter 18.61. 1. Large animals: Each large animal is equal to one animal unit. 2. Small animals: A. Ten poultry equal one animal unit. B. Ten rabbits equal one animal unit. C. Two turkeys or other similar size fowl equal one animal unit. D. The keeping of specific animals is subject to the following special standards: 1. Poultry: All poultry shall be contained in coops or pens and not be allowed to run free on any site. Rooster chickens over three months in age are prohibited. The maximum number of poultry allowed is twenty (two animal units). 2. Rabbits: All rabbits shall be contained in coops or pens and not be allowed to run free on any site. The maximum number of rabbits allowed is twenty (two animal units). These restrictions do not apply to rabbits kept solely as pets. 3. Turkeys: All turkeys shall be contained in coops or pens and not be allowed to run free. The maximum number of turkeys allowed is four (two animal units). E. The maximum animal density on any site is determined by the lot size. Page 5 1. Lots up to nineteen thousand, nine hundred ninety-nine square feet in area: Up to six hen chickens over three months old provided that a residence is located on the lot and the keeping of such animals complies with this section and Section 7.04.120. 2. Lots twenty thousand to thirty-nine thousand, nine hundred ninety-nine square feet in area: Small animals only at a density equal to one animal unit. 3. Lots forty thousand square feet in area: Large and small animals at a density equal to two animal units. One additional animal unit is allowed for each additional twenty thousand square feet of lot size. 4. Fractional animal units can be combined to equal a full unit. For example, five poultry and five rabbits equal one animal unit. F. Provision of Needs. Every person who keeps an animal that normally resides outside, or that is kept outside unsupervised for extended periods of time, shall ensure that the animal is provided with an enclosure that meets the following criteria: 1. Has a sufficient area for mobility and exercise as appropriate; 2. Contains shelter that will provide protection from heat, cold, and wet that is appropriate to the animal's weight and type of coat. Such shelter must provide sufficient space to allow the animal the ability to turn around freely and lie in a normal position; 3. Must be in an area providing sufficient shade to protect the animal from the direct rays of the sun at all times; 4. Must regularly clean and sanitize pens and run areas and remove and properly dispose of excreta daily. G. Unsanitary Conditions Prohibited. No person shall keep an animal in an unsanitary condition within the city. Conditions shall be considered unsanitary where the keeping of the animal results in an accumulation of fecal matter, an odor, insect infestation, or rodent attractants which endanger the health of the animal or any person or which disturb or are likely to disturb the enjoyment, comfort, or convenience of any person in or about any dwelling, office, hospital, or commercial establishment. H. Questions regarding the classification of animals not specifically mentioned are to be referred to the director for a determination as to their appropriate category (household pet, small animal, large animal, or exotic or wild animal). I. The keeping of exotic or wild animals may be permitted subject to issuance of a site development permit and any required fish and game permits. Page 6 Section 5. Severability. If any section, subsection, sentence, clause or phrase of these ordinances is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinances. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 6. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 7. This ordinance shall take effect thirty (30) days after the date of their adoption, and the City Clerk shall certify to the adoption thereof and cause publication according to law. I HEREBY CERTIFY that the foregoing ordinances were introduced and read by the City Council of the City of Redding at a regular meeting on the 17th day of January, 2017, and was duly read and adopted at a regular meeting on the 7th day of February, 2017, by the following vote: AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan,Winter, & Weaver NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BRENT WEAVER, Mayor Attest: Form Approved: ?afirlit (44n PAMELA MIZE, City Cl r BARRY E. DeWA T, City Attorney Page 7