§ 6.16.015. Keeping of hens

A. The keeping of hens shall be permitted on properties used for single-family and duplex residential purposes under the following conditions:

1. Keeping of roosters shall be prohibited;

2. Hens may be kept, as provided in this section, by the owner or tenant of any single-family or duplex residence, provided that the hens are kept on the same premises where the owner of the hens resides;

3. One hen is allowed for each one thousand five hundred square feet of lot area up to a maximum of six hens on any lot or contiguous property under the same ownership;

a. In the R1 zone only, up to twelve hens may be allowed on lots of one-half acre or more, provided that if there are more than six hens, the shelter and fenced yard area shall be a minimum of forty feet from any habitable residential building on an adjacent property.

4. Hens shall be contained at all times within a fully enclosed fence, pen or coop which is constructed to prevent dogs, coyotes, cats, raccoons, rats, and other predators and pests from accessing the hens;

a. Except in the R1 zone, pens, coops or other enclosed shelters shall be less than one hundred twenty square feet in area; in the R1 zone, coops or other enclosed shelters shall be less than two hundred forty square feet in area;

b. For each hen, a fenced open yard area of at least twenty square feet and an enclosed shelter of at least four square feet shall be provided;

c. Fenced open yard areas and enclosed shelters shall be a minimum of twenty feet from any habitable residential building on an adjacent property;

d. Hens shall be treated humanely, and shall be provided with adequate food, water and shelter;

e. Hen enclosures and fenced open yard areas shall be kept in a good working and sanitary condition, shall not cause odor or noise nuisances, and shall not be deemed to be unsightly from any public right-of-way, as determined by the administrator;

f. Coops and hen enclosures shall not be located in the front yard of a lot nor in a side yard which abuts a street;

g. Two or more people may cooperatively own and care for hens by means of a portable coop that may be moved from one property to another, provided that all requirements of this code are met on each of the properties to which the coop is moved.

B. Administrative Modifications. The director of planning, community and economic development ("administrator"), or designee, shall have the authority to grant or deny modifications, as listed below, to the standards of this section.

1. The following modifications may be allowed (only one modification is allowed per property):

a. An increase of up to one hundred fifty percent of the allowable number of hens.

b. Two people owning or renting a house or duplex within three hundred feet of each other may consolidate each property's allotted number of hens on one parcel. At least one of the owners of the hens must reside on the parcel where the hens are kept.

c. The required enclosure setback to a habitable building on an adjacent property may be reduced to not less than ten feet, with the adjacent property owner's written approval.

2. Applications for modifications to this section shall be made to the administrator and shall include materials deemed necessary by the administrator.

a. Upon receipt of an application the administrator shall require notification by mail to adjacent properties. This notice shall describe the location and modification proposed by the applicant.

b. Two calendar weeks after notification the administrator may either grant or deny the application. If granted, conditions of the permit (if any) shall be attached and a copy sent to the adjacent property owners.

c. Any aggrieved party shall have five working days from the date of the decision to appeal the decision of the administrator to the city council. The appeal shall be in writing and is to be filed with the city clerk. The permit shall not become valid until expiration of the five days. An appeal stays the validity of the permit until a decision is made by the city council.

d. If after approval of the modification, the property owner violates any of the conditions upon the permit, or if the modification is found to be having a detrimental effect upon the surrounding neighborhood, the administrator, upon thirty days notice, shall have the authority to revoke or place additional restrictions on the permit. This decision may be appealed to the city council by the party owning the chickens within thirty days of the mailing of the administrator's decision.

C. Violations.

1. The owner of any property in violation of this section, as determined by the administrator, shall be subject to the infraction penalties defined in AMC 6.32.

2. Within seven days of the notice of violation the property owner shall correct the cause of violation. If the violation has not been corrected in this time, the city, with cause, may seek legal entry to the property to remove the hens. The property owner will be responsible for any costs incurred by the city to insure the nuisance is removed.

(Ord. No. 2823, § 2(Exh. A), 6-7-2010)