Loading...
HomeMy WebLinkAboutOrdinance No. 2857-2015�UICGL�'Or. KENAI, ALASKA Sponsored by: Council Member Terry Council Member Ryan ] CITY OF KENAI ORDINANCE NO. 2857 -2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI MUNICIPAL CODE SECTION 3.10.070- LIVESTOCK WITHIN HE CITY LIMITS, TO ALLOW FOR TWELVE (12) CHICKEN HENS OR LESS TO BE K IN THE RU, RS 1, RS2 AND TSH ZONES AND ON CERTAIN PARCELS WITHIN THE ITY OF KENAI THAT ARE LESS THAN FORTY THOUSAND (40,000) SQUARE FEET I SIZE. WHEREAS, the keeping of chicken hens within the City of K ai on lots less than forty thousand (40,000) square feet and in the RU, RS1, RS2 d TSH Zones is currently prohibited except by conditional use; and, WHEREAS, residents have expressed an interest in eping chicken hens on lots less than forty thousand (40,000) square feet for person use; and, WHEREAS, a relatively small number of chicke hens may be kept within populated areas of the City without causing an unreas able risk of nuisance or wild animal attractant if the hens are properly located, m9fiaged and maintained; and, WHEREAS, twelve chicken hens or less is reasonable number to provide a family with eggs without having too high a density o chickens which could increase the likely hood of causing a nuisance or wild animal actant; and WHEREAS, the conditional use prgEess may deter otherwise interested residents from keeping chicken hens. �� NOW, THEREFORE, BE IT DAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: Tha is is a code ordinance. Section 2. Amend ent of Section 3.10.070 of the Kenai Municipal Code: That Kenai Municipal Code, S on 3.10.070, Livestock within the city limits, is hereby amended as follows: 3.10.070 Liv tock within the city limits. (a) Exce as otherwise provided in this section, no person shall keep or maintain livestock thin the City of Kenai. (b) estock, other than bees, may be kept on lots of forty thousand (40,000) square feet o greater. No livestock, except twelve chicken hens or less shall be allowed in the RU S1, RS2 or TSH zones. Twelve chicken hens or less may be kept on any parcel New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2857 -2015 Page 2 of 4 with a permitted or nonconforming principal structure. Animals raised for a fur- bearing purpose are not allowed in any zone. Beekeeping will be restricted as described in subsection (g). (c) In this section "livestock" is defined as the following animals: (1) Cow (2) Horse (3) American bison (4) Llama (5) Alpaca (6) Sheep (7) Swine (8) Goat (9) Mule (10) Donkey (11) Ratite (12) Duck (13) Goose (14) Chicken (15) Turkey (16) Rabbit (17) Honey bees (Apis mellifera) (d) (1) Except for the RS 1, RS2, RU, TSH zone(s), Animal Control Office may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Animal Control Office may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City may charge a permit fee, which fee shall be as set forth in the City's schedule of fees adopted by the City Council. (2) Except in the RU zone, the Animal Control Office may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4 -H, Future Farmers of America, or Boy/ Girl Scouts on lots not otherwise eligible under this section. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Animal Control Office may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the board of adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City may charge a permit fee, which fee shall be as set forth in the City's schedule of fees adopted by the City Council. (e) Lots on which livestock are kept on the effective date of the ordinance codified in this section which are not eligible for the keeping of livestock under this section shall New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2857 -2015 Page 3 of 4 be considered a non - conforming use of land under KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of the ordinance codified in this section. Offspring of livestock allowed as a non - conforming use under this section may be kept on such lots only until they are old enough to be relocated to a site conforming to this section or outside of the city limits. (f) Except as set forth in subsection (g), below, corrals, pens, hutches, coops or other animal containment structures must have a minimum setback of [TWENTY -FIVE FEET (251] ten feet (109 from the property's side yards, fifty feet (50') from the front yard, and ten feet (10') from the back yard. All animal containment structures must be secure and in good repair. (g) No person may keep honey bees, Apis mellifera, in a manner that is inconsistent with the following requirements or that is inconsistent with any other section of this code. (1) Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adjacent property. To that end, colonies shall be situated at least twenty-five feet (25') from any lot line not in common ownership; or oriented with entrances facing away from adjacent property; or placed at least eight feet (8') above ground level; or placed behind a fence at least six feet (6') in height and extending at least ten feet (10') beyond each hive in both directions. (2) No person shall keep more than four (4) hives on a lot of ten thousand (10,000) square feet or smaller, nor shall any person keep more than one (1) additional hive for each additional two thousand four hundred (2,400) square feet over ten thousand (10,000) on lots larger than ten thousand (10,000) square feet. (3) It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy condition to humans or animals. (4) Beekeepers shall take appropriate care according to best management practices when transporting hives of bees. Bees being transported shall have entrance screens or be secured under netting. (5) The term "hive" as used in this section means the single structure intended for the housing of a single bee colony. The term "colony" as used in this section means a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood. (h) A person seeking relief from the provisions of this section may apply for a conditional use permit under KMC 14.20.150. Section 3. Severabilitv: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2857 -2015 Page 4 of 4 Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of October, 2015. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: September 16, 2015 Enacted: October 7, 2015 Effective: November 6, 2015 New Text Underlined; [DELETED TEXT BRACKETED] MEMO: 11VI'ilaye with a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illllt 1992 TO: Mayor Porter, Council Members Molloy, Navarre, Gabriel and Knackstedt FROM: Council Members Terry Bookey and Ryan Marquis DATE: June 9, 2015 SUBJECT: Supporting Memorandum for Ordinance No. 2857 -2015 We respectfully ask for your support of Ordinance 2857 -2015 because, hey, everyone has to eat, right? Thanks!