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HomeMy WebLinkAboutZOA-14-03City Council Minutes June 23, 2014 not highly regulated by the state. Notable on the restrictions are the prohibition of the use of con'ipressed gas and the prohibition of personal grows in commercial zones COUntil questions followed. The penalty phase was discussed, during which Chief Brennan noted that the level of charges will be based on the cimUrnstances of the infraction, - rhere was no public comment. Mayor Jay closed the public hearing, 3, Council Bill No. 08-2014 - amending the Wheat Ridge Code of Laws concerning the keeping of bit — Goats Coup cilmeniber Lang worthy introduced Council Bill No 08-2014, 4, Resolution 36-2014 - approving Hopper Hollow Park as the narne for the new 711� —1 park located at 44 Ave, and Kendall S. COUNCIL BILL NO. 08 ORDINANCE NO. 1552 Series 2014 TITLE, AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNW4 THE KEEPING OF DWARF GOATS WHEREAS, the Wheat Ridge City Council has authority under Article XX of the Colorado Constitution, the City's Home Rule Charter and C.R.S. 31-23-101', gtAeg, to enact ordinances for preservation and promotion of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted Sections 26-605 and 26-606 of the Wheat Ridge Code of Laws, concerning large and small animals and poultry'. and keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Segfign,j. Section 26-119 of the Wheat Ridge Code of Laws Is amended by the addition of the following definition, in proper alphabetical order: Dwarf Goats, Dwarf goats generally weigh between 40 and 75 pounds and include, breeds known commonly as Nigerian Dwarf and African Pygmy, I Sec0on 4. Section 26-204 of the Wheat Ridge Code of Laws, entitled Residential Use Chart is amended by the addition of the following entry for "Large and Small Animals"' to read: INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23 day of June, 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, July 14th, 2014 at 7:00 pm,, in the Council Chambers, 75 West 2Wh Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication for whatever Council Bill indicates], READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 14th day of Ju SIGNED by the Mayor on this 1401 day of _ Jtily 2014x AP as to Form Gerald E. Dahl, City A y t i Kenneth Johnstone From: Kenneth Johnstone Sent: Tuesday, July 15, 2014 4:22 PM To: Kenneth Johnstone Subject: City Council 7-14-14 0 • �.• City of Wheat �idge ITEM NO: DATE: July 14, 2014 REQUEST FOR CITY COUNCIL ACTION J TITLE: COUNCIL BILL NO. 08 -2014 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE KEEPING OF DWARF GOATS ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (06/23/2014) ❑ BIDS /MOTIONS ® ORDINANCES FOR 2 READING (07/14/2014) ❑ RESOLUTIONS QUASI- JUDICIAL: FLI YES ® NO J Community De elopme ire' City Manager ISSUE: Some homeowners in the City have recently raised questions about the permissibility of dwarf goats on residential properties in the City. The City's large animal regulations (Sec. 26 -605) currently regulate full size goats; but no distinction is made for dwarf goats, which are considerably smaller. The City's small animal regulations (Sec. 26 -606) reference rabbits, chinchillas and various fowl and poultry, but nothing similar to a goat. A property owner located in eastern Wheat Ridge has expressed an interest in keeping dwarf goats on her property. Dwarf goats are not specifically referenced in any section of the Municipal Code. Based on limited research (refer to attached handout), it appears dwarf goats are generally between 40 and 60 pounds, so substantially smaller than a regular goat which averages approximately 150 pounds. They have become increasing popular both as pets and as sources of dairy and dairy related products. Based on the above described small and large animal code sections it has been determined that dwarf goats are most similar to goats and therefore subject to the City's large animal regulations. The property in question is not of sufficient size to meet the threshold of 9,000 square foot of open lot area as is required to keep any large animals. This determination has caused the property owner to request the City consider code amendments to allow the keeping of dwarf goats in more circumstances than are allowed under current large animal regulations. Council Action Form July 14, 2014 Page 2 PRIOR ACTION: The issue was forwarded to the City's Animal Welfare and Control Commission (AWCC) at their March 18, 2014 meeting. Staff prepared a memo outlining several options for how the code could be amended to be more permissive toward the keeping of dwarf goats. With input from the AWCC, planning staff presented the policy issue and a recommended approach to City Council for consideration at their May 5 study session. City Council was generally supportive of being more permissive and directed staff to prepare an ordinance for consideration. Amendments to Chapter 26 (Zoning and Development) require review and approval by the Planning Commission and City Council as ordinances and are subject to public hearings. The Planning Commission public hearing was held on June 19 and they forwarded a recommendation of approval of the ordinance by a vote of 5 -1. The Planning Commission did not recommend any changes from what was presented to City Council at first reading. Planning Commission minutes are attached for reference. FINANCIAL IMPACT: No significant direct financial impact to the City is anticipated. Some homeowners may find this to be a cost effective means of having access to fresh dairy products. BACKGROUND: The City's zoning code (Chapter 26 of the Municipal Code) regulates the keeping of animals in residential areas in three principle code sections: 1) 26 -204, Zone District Use Schedule; 2) 26- 605, Large Animals; and 3) 26 -606, Small Animals and Poultry. Section 26 -204. Permitted and accessory uses. Household pets are permitted and limited to no more than 3 dogs and 4 cats and their un -weaned offspring. No other detailed regulations are provided in the zoning code. Section 26 -605. Large animals. Large animals are described as horses, cows, llamas, sheep, goats and similar animals. They are allowed on residentially zoned lots, with certain minimum open lot area requirements, fencing standards, waste control measures and building setbacks. The keeping of large animals is generally not allowed in the front yard of a residential property. Large animals are regulated based on size, such that one horse is the control measure, referred to as a "horse equivalent unit." Smaller large animals are defined based on how many horse equivalent units (HEU) they equate to: 2llamas equals 1 HEU, 4 alpacas equals 1 HEU, 4 sheep equals 1 HEU and 4 goats equals 1 HEU. A property must have a minimum "open lot area" of 9,000 square feet for the first HEU and 6,000 square feet for each additional HEU. "Open lot area" excludes portions of a lot covered by structures, carports and patios. Under these regulations, in order to keep goats, a property would need to have a minimum of 9,000 square feet of open lot area, which would allow for 4 goats. The 9,000 square foot standard is a minimum threshold and is not divisible for a scenario where one were to proposed something less than a full HEU. Stated another way, a property would not Council Action Form July 14, 2014 Page 3 be allowed to have two goats with only 4,500 square feet of minimum open lot area under the current code. Section 26 -606 Small animals and poultry. The private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons is allowed, with no specific restriction on the number of animals, subject to various performance requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 square feet of floor area nor 12 feet in height. Hutches shall not exceed 100 square feet and a maximum of two floors. All structures housing animals shall be located outside of the front yard, set back 15 feet from side and rear property lines and not closer than 30 feet from a primary structure on an adjacent property. Animal waste must be controlled so as not to become a nuisance. RECOMMENDATIONS: Staff is recommending that the small and large animal regulations be amended to accommodate dwarf goats. This approach will 1) rely on existing regulations as they pertain to the location of certain structures and enclosures; and 2) create some additional minor regulations that specifically address the unique circumstances of housing dwarf goats. Thus far, this approach has been supported by the AWCC and the Planning Commission. Staff believes the code amendment is consistent with previous policy direction from elected officials and is generally supportive of urban agriculture in the community. Staff recommends amendment of the ordinance to regulate dwarf goats in the following manners: • Dwarf goats would be allowed, with conditions, under both the large and small animal sections of the zoning code. • For smaller lots (those having less than 9,000 square feet of open lot area), the maximum number of dwarf goats would be limited to not more than three, plus their un- weaned offspring. This is in line with the existing limitations for dogs, and given their similarity in size, the number seems logical. • Based on both odor and the size of the animal, un- neutered male goats would not be allowed. • Restrict the location of any structures providing shelter or sleeping quarters to the same 15- and 30 -foot restrictions that apply to other small animal and poultry structures. • For larger lots that can meet the 9,000 square -foot threshold for large animals, an HEU would be created for dwarf goats. Based on input from City Council, staff proposes six dwarf goats would equate to one HEU. • Each goat must have 130 square feet of permeable area on the property. RECOMMENDED MOTION: "I move to approve Council Bill No. 08 -2014 an ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats and that it take effect 15 days after final publication." Council Action Form July 14, 2014 Page 4 Or, "I move to postpone indefinitely Council Bill 08 -2014 an ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats, for the following reason(s) REPORT PREPARED BY; Kenneth Johnstone, AICP, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Proposed ordinance 2. Planning Commission minutes 3. Tutorial prepared by Sundari Kraft CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCILMEMBER LANGWORTHY COUNCIL BILL NO. 08 ORDINANCE NO. Series 2014 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE KEEPING OF DWARF GOATS WHEREAS, the Wheat Ridge City Council has authority under Article XX of the Colorado Constitution, the City's Home Rule Charter and C.R.S. 31 -23 -101; et seq. to enact ordinances for preservation and promotion of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted Sections 26 -605 and 26 -606 of the Wheat Ridge Code of Laws, concerning large and small animals and poultry; and WHEREAS, the Planning Commission has reviewed and favorably recommended amendments to the Code of Laws concerning dwarf goats; and WHEREAS, the City Council finds the proposed amendments are appropriate and further the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Sec. 26 -605 A and G of the Wheat Ridge Code of Laws, concerning large animals, are amended to read: Private stables for the keeping of large animals such as horses, cows, llamas, sheep, goats and similar animals shall meet the following requirements. This section shall not apply to conforming lots in the A -1 or A -2 districts: A. Minimum open lot area shall be nine thousand (9,000) square feet for the first horse equivalent unit and an additional six thousand (6,000) square feet for each additional horse equivalent unit. For the purposes of this section, "open lot area" means a portion of lot excluding area covered by a main structure and attached carports or patios, and excluding detached garages. There shall be no more than four (4) horse equivalent units per acre except that offspring of animals on the property may be kept until weaned. One (1) horse equivalent equals one (1) horse, one (1) cow, two (2) llamas, two (2) burros, four (4) alpacas, four (4) sheep, four (4) goats, SIX (6) DWARF GOATS or two (2) ponies.... B. ... Attachment 1 G. Any keeping of animals made nonconforming by the passage of Ordinance No. 1165, Series of 1999, OR OF ORDINANCE , SERIES 2014 shall y constitute a legal nonconforming keeping of animals. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Upon sale of a property, the minimum requirements of section 26 -605 shall be met or the keeping of animals must cease. For the purposes of this subsection G., periodic removal for the purposes of pasturing shall not constitute discontinuance of use. Section 2 . Sec. 26 -606 of the Wheat Ridge Code of Laws concerning small animals and poultry, is amended to read: The private keeping of small animals, such as DWARF GOATS, rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons, shall be subject to the following requirements. This section shall not apply to conforming lots in the A -1 or A -2 districts. A. EXCEPT WHEN IN COMPLIANCE WITH SECTION 26 -605 (LARGE ANIMALS), DWARF GOATS SHALL BE LIMITED TO A MAXIMUM OF THREE (3) PER RESIDENTIAL DWELLING UNIT, PLUS THEIR UN- WEANED OFFSPRING AND PROVIDED NO UN- NEUTERED MALE DWARF GOATS SHALL BE ALLOWED. FOR EACH DWARF GOAT, A MINIMUM OF 130 SQUARE FEET OF PERMEABLE LOT AREA SHALL BE PROVIDED IN THE SIDE OR REAR YARD. B. Poultry houses and pigeon coops, or the portions of THESE AND OTHER structures used to house OR PROVIDE SHELTER FOR SMALL animals, shall not exceed four hundred (400) square feet of ground floor area nor twelve (12) feet in height. c. Hutches for small animals shall not exceed one hundred (100) square feet of ground floor area with a maximum of two (2) floors or levels. D. Maximum ground floor areas for small animals or poultry set forth above may be increased by fifty (50) percent for each acre in addition to the minimum lot size for the zone district. E. All houses, coops, hutches or portions of THESE AND OTHER structures housing OR PROVIDING SHELTER FOR SMALL animals shall be located other than in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines, and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent property. F. The accumulation of animal waste to the extent that such becomes a nuisance to surrounding properties is prohibited, as regulated by chapter 15 of this Code of Laws. G. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Section 3 . Section 26 -119 of the Wheat Ridge Code of Laws is amended by the addition of the following definition, in proper alphabetical order: Dwarf Goats. Dwarf goats generally weigh between 40 and 75 pounds and include breeds known commonly as Nigerian Dwarf and African Pygmy. Section 4. Section 26 -204 of the Wheat Ridge Code of Laws, entitled Residential Use Chart is amended by the addition of the following entry for "Large and Small Animals" to read: Accessory Uses for Residential Districts Notes Large and Small Animals See 26 -605 and 26 -606 Section 5. Effective date. Pursuant to Charter Section 15.11, this Ordinance shall take effect upon effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd day of June, 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, July 14th, 2014 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication [or whatever Council Bill indicates]. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2014. SIGNED by the Mayor on this day of , 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First publication: June 26, 2014 Second publication: Wheat Ridge Transcript Effective Date: B. Case No. ZOA- 14 -03 An ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats. Mr. Johnstone presented the case. He reviewed the Planning Commission Legislative Item Staff Report. He explained that dwarf goats are not explicitly addressed in the existing code pertaining to domestic animals or other small animals. Because of the silence in the code, staff recently had occasion to view the code applicability and determine that under existing regulations, dwarf goats would be classified under our large animal regulations, and as such, generally only allowed on fairly large residential lots, a minority of the residential lots in the City. The policy question is whether we should be more permissive on smaller lots. Specific provisions are included in the staff report. He stated the Planning Commission is required to hold a public hearing and make a recommendation to City Council on all amendments to Chapter 26. Commissioner OHM inquired about enforcing noise impacts. Mr. Johnstone replied that would be a nuisance issue that Code Enforcement would enforce. Commissioner TIMMS inquired about the purpose of the City's Welfare and Control Commission. Mr. Johnstone stated it is an advisory board with a limited regulatory role in making recommendations on the harboring of wild animals. They can issue licenses for exotic animals for a certain period of time. They have a role in reviewing kennel licenses. They are appointed by Council. Commissioner TIMMS asked if there was any discussion that the zoning code is the best place for animal regulations versus other chapters in the code. Mr. Johnstone stated no. Commissioner TIMMS stated the staff proposal is to allow three dwarf goats per residential lot. If someone wanted to have four dwarf goats would they go to the Board of Adjustment for a variance? Mr. Johnstone stated that would be a use variance which the Board of Adjustment does not have jurisdiction to approve. More than three dwarf goats would be reviewed under the large animal regulations with requires a larger parcel. Commissioner TIMMS asked about HOA's. He stated the City would still allow the use but the HOA could still supersede with a prohibition. Mr. Johnstone concurred. Commissioner TIMMS asked what cons were found in the research associate with dwarf goats. Mr. Johnstone stated there were none found. There is a little bit of a noise impact. Open lot area is needed for space to utilize and for grazing. They are not dissimilar than a dog of the same size. Commissioner DORSEY asked if licensing and immunizations will be required. Mr. Johnstone replied no. Commissioner WEAVER asked if the Animal Welfare Commission meetings are closed to the public. Mr. Johnstone stated not to his knowledge. She stated there are no regulations for how animals are sheltered. That is up to the owner. She stated the only Attachment 2 reason that dogs are licensed is because of rabies. Goats can carry some diseases but they are among goats only. She stated she is a large goat owner. Nubian goats are typically bigger goats and are very loud. Dwarf goats tend to be quieter than dogs. Commissioner BRINKMAN asked if Code Enforcement would be notified if this passes. Mr. Johnstone stated yes, staff has been working with Code Enforcement on this case. Commissioner DORSEY asked if there would be enough yard space on a multi - family property. Mr. Johnstone stated some larger multi - family properties with a property owner who is inclined to make a goat area available on the property for use by the tenants would be permitted if the requirements were met. Many multi- family properties cannot meet the requirements for setbacks, open lot area, etc. Commissioner DORSEY asked if code enforcement would be handling any issues. Mr. Johnstone stated yes. Commissioner OHM asked if the fencing standards in Section 605 would apply to goats. Mr. Johnstone stated yes. Commissioner OHM asked if there are fencing standards in 606. Mr. Johnstone stated to the extent of height and construction. Commissioner BRINKMAN opened the public hearing. Melissa Saynourath 4085 Depew St. Ms. Saynourath stated she has raised dwarf goats for the past three years in Wheat Ridge. She has received numerous compliments from neighbors about how quiet the goats are. Sundari Kraft 3495 Ames St. Ms. Kraft spoke in support of amending the City Code to allow the keeping of dwarf goats. There was some discussion on the different types of goats. Chair BRINKMAN closed the public hearing. It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to recommend approval of the proposed ordinance amending various sections of Chapter 26 of the Wheat Ridge code of laws, concerning the keeping of dwarf goats. Commissioner WEAVER stated there many people are coming to Wheat Ridge who are excited about the openness to urban agriculture and food production. Code enforcement does a good job in enforcing applicable restrictions. Motion carried 5 -1 with Commission DORSEY voting no. Dwarf Dairy Goats in Wheat Ridge k Prepared by Sundari Kraft Author, "The Complete Idiot's Guide to Urban Homesteading" Founding Co- Chair, Denver Sustainable Food Policy Council Founder and Owner, Heirloom Gardens I LC Founder and Organizer, Sustainable Food Denver Backyard Goat Keeping Instructor, Denver Botanic Gardens www.eatwhereUhve.com mfo@eatwbereU]ive.com This if a drafiipmpomj . Questions and regrresls foradditional information an it rlmmt. info@eahihm(Jk com Attachment 3 c The category of "Snub Animals and Poultry" curren includes like f k, things arm birds, duc goose, swan, and poultry) and domestic rabbits, Poultry houses or chicken WA211" than 400sf and shorter than 12 feet tall. The structure Cannot be kept in the ftOntYW, and must be at least 15 feet away from the property lines and m ore than 30 feet from a res a on an About Goat Th e to "dwarf goat e" fed to two distinctive breeds of goats. Ni gerian M A M A frican p Both Nigerian Dwarf ♦ Af r i can PN g oat s .. diff i s . g oats, ' pou S ari�m Go a dv i sa bl e ,s and can become extremely stressed if they are alon It is not s always have two (or * Dwarf G or Please see the attached chart (#J). Denver passed a new �ood-Producing Animals 201 and the chart reflects the rules, of that ordinanc n i n f ormat i on on other cities Nwas gathered by the team in Denver tasked x-Vith, doing research in the process of develop reflects the other cities' ordinances as of early 201 M Dwarf Goats • Permissibility of dwarf goats on residential properties has recently been raised by homeowners o Mirror the setback and separation requirements already included in the sma, Kenneth Johnstone From: Kenneth Johnstone Sent: Tuesday, June 24, 2014 8:32 AM To: Kenneth Johnstone Subject: City Council - 6-23-14 - Residential MJ Cultivation - Starker introduction, Dahl staff report, Ordinance 1551 DiTullio, clarified compressed natural gas is prohibited, Dahl and Brennan respond Langworthy, odors Starker motion, DiTullio 2nd, 8-0 - Dwarf Goats, Langworthy introduction and motion, DiTullio second, 8-0 MGM= City of Wheat Ridge ITEM NO: DATE: June 23, 2014 REQUEST FOR CITY COUNCIL ACTION Fpnn 0 0 ) O_ �w P TITLE: COUNCIL BILL NO. 08 -2014 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE KEEPING OF DWARF GOATS ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (06/23/2014) ❑ BIDS /MOTIONS ❑ ORDINANCES FOR 2 READING (07/14/2014) ❑ RESOLUTIONS QUASI -J DICIAL: ❑ YES ® NO J Community De elopm ' t Directo City Manager ISSUE: I Some homeowners have recently raised questions about the permissibility of dwarf goats on residential properties in the City. The City's large animal regulations (Sec. 26 -605) currently regulate full size goats; but no distinction is made for dwarf goats, which are considerably smaller. The City's small animal regulations (Sec. 26 -606) reference rabbits, chinchillas and various fowl and poultry, but nothing similar to a goat. A property owner located at 3495 Ames Street in eastern Wheat Ridge has expressed an interest in keeping dwarf goats on her property. Dwarf goats are not specifically referenced in any section of the Municipal Code. Based on limited research (refer to attached handout), it appears dwarf goats are generally between 40 and 60 pounds, so substantially smaller than a regular goat which averages approximately 150 pounds. They have become increasing popular both as pets and as sources of dairy and dairy- related products. Based on the above described small and large animal code sections it has been determined that dwarf goats are most similar to goats and therefore subject to the City's large animal regulations. The property in question is not of sufficient size to meet the threshold of 9,000- square foot of open lot area that is required to keep any large animal. This determination has caused the property owner to request that the City consider code amendments to allow the keeping of dwarf goats in more circumstances than currently allowed under large animal regulations. Council Action Form — Dwarf Goats June 23, 2014 Page 2 PRIOR ACTION: The issue was forwarded to the City's Animal Welfare and Control Commission (AWCC) at their March 18, 2014 meeting. Staff prepared a memo outlining several options for how the code could be amended to be more permissive toward the keeping of dwarf goats. With input from the AWCC, planning staff presented the policy issue and a recommended approach to City Council for consideration at their May 5 study session. City Council was generally supportive of being more permissive and directed staff to prepare an ordinance for consideration. Amendments to Chapter 26 (Zoning and Development) require review and approval by the Planning Commission and City Council as ordinances and are subject to public hearings. The Planning Commission public hearing is scheduled for June 19. FINANCIAL IMPACT: No significant direct financial impact to the City is anticipated. Some homeowners may find this to be a cost effective means of having access to fresh dairy products. BACKGROUND: The City's zoning code (Chapter 26 of the Municipal Code) regulates the keeping of animals in residential areas in three principle code sections: 1) 26 -204, Zone District Use Schedule; 2) 26- 605, Large Animals; and 3) 26 -606, Small Animals and Poultry. Section 26 -204. Permitted and accessory uses. Household pets are permitted and limited to no more than 3 dogs and 4 cats and their un -weaned offspring. No other detailed regulations are provided in the zoning code. Section 26 -605. Large animals. Large animals are described as horses, cows, llamas, sheep, goats and similar animals. They are allowed on residentially zoned lots, with certain minimum open -lot area requirements, fencing standards, waste control measures and building setbacks. The keeping of large animals is generally not allowed in the front yard of a residential property. Large animals are regulated based on size, such that one horse is the control measure, referred to as a "horse equivalent unit." Smaller large animals are defined based on how many horse equivalent units (HEU) they equate to: 2 llamas equals 1 HEU, 4 alpacas equals 1 HEU, 4 sheep equals 1 HEU and 4 goats equals 1 HEU. A property must have a minimum open lot area of 9,000 square feet for the first HEU and 6,000 square feet for each additional HEU. An open lot area excludes portions of a lot covered by structures, carports and patios. Under these regulations, in order to keep goats, a property would need to have a minimum of 9,000 square feet of open lot area, which would allow for four goats. The 9,000 - square -foot standard is a minimum threshold and is not divisible for a scenario where one was to propose something less than a full HEU. Stated another way, a property would not be allowed to have two goats with only 4,500 square feet of minimum open lot area under the current code. Section 26 -606. Small animals and poultry. The private keeping of small animals, such as rabbits Council Action Form — Dwarf Goats June 23, 2014 Page 3 and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons is allowed, with no specific restriction on the number of animals, subject to various performance requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 square feet of floor area nor 12 feet in height. Hutches shall not exceed 100 square feet and a maximum of two floors. All structures housing animals shall be located outside the ftont yard, set back 15 feet from side and rear property lines and not closer than 30 feet to a primary structure on an adjacent property. Animal waste must be controlled so it is not a nuisance. By way of summary, the ordinance is proposed to regulate dwarf goats in the following manners: RECOMMENDED MOTION: I move to approve Council Bill No. 08-2014, an ordinance amending the Wheat Rid Code of Laws concerning the keeping of dwarf goats, on first reading, order it publish public hearing set for Monday, July 14, 2014 at 7:00 m. in City Council Chambers, that it take effect 15 days after final publication." I Council Action Form -- Dwarf Goats June 23, 2014 Page 4 M "I move to postpone indefinitely Council Bill No. 98-2-014, an ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats for the following reason(s) REPORT PREPARED BY; Kenneth Johnstone, AICP, Community Development Director Patrick Goff City Manager ATTACHM 1. Council Bill 08-2014 2. Tutorial on Dwarf Goats, prepared by Sundari Kraft CITY ■ WHEAT RIDGE, COLORADO INTRODUCED BY COUNCILMEMBE- O I BILL NO. 08 ORDINANCE NO. Series 2014 RM''RIK 0 1 "I 4M WHEREAS, the Wheat Ridge City Council has authority under Article XX of the Colorado Constitution, the City's Home Rule Charter and C.R.S. 31-23-101 et seg. to enact ordinances for preservation and promotion of the public health, safety and welfare; and Attachment I keeping of animals is discontinued for a period • sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Section 3. Section 26-119 of the Wheat Ridge Code of Laws is amended by the addition of the following definon, in proper alphabetical order: Dwarf Goats. Dwarf goats generally weigh between 40 and 75 pounds and include breeds known commonly as Nigerian Dwarf and African Pygmy. Section 4. Section 26-204 of the Wheat Ridge Code of Laws, entitle Residential Use Chart is amended by the addition of the following entry fl "Large and Small Animals" to read: Accessory Uses for Residential Districts 1 Notes LOWL-112 See 26-605 and 26-606 --- ---- -- ------ -- A INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to — on this — day of , 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, _, 2014 at 7:00 pm., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication [or whatever Council Bill indicates]. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of — to —, this day of 2014. SIGNED by the Mayor • this day of 2014. Joyce Jay, Mayor RPFMIMI�W��� First publication: Second publication: Wheat Ridge Transcrip), Effective Date Published: 2014 Wheat Ridge Transcript and www.ci.wheatridge.co.us Dwarf Dairy Goats in Wheat Ridge Prepared by Sundari Kraft Author, "The Complete Idiot's Guide to Urban Homesteading" Founding Co- Chair, Denver Sustainable Food Policy Council Founder and Owner, Heirloom Gardens LLC Founder and Organizer, Sustainable Food Denver Backyard Goat keeping Instructor, Denver Botanic Gardens wwvv.eatwhereUlive.com info @eatwhereUhve.com This it a drat pmposaL &erJionr and regnesfr jor addilional information an selrome. info@eah.-berrl'&e. rom Attachment 2 9,(KX)sf of open space is not a reasonable requirement for an urban homesteader, not is it a necessary amount of space in order to safety raise dwarf goats. The category of ",Small Animals and 1>()ult currently includes things like farm bi (d goose swan, and poultry) and domestic rabbitss, Po h ouses C Ic k n C . P mu t b sm Of h e 00 s S e aller than 4(,)Osf and sborter than 12 feet talL The structure cannot be kept in the front yard, and mu b at least 15 feet away from the property lines and more than 30 feet from a residence or main structure, on an adjacent PrOp"'. I About Dwarf Goats 'nie term "dwarf pats" can be applied to two distinctive breeds of goats: Nigerian M an d African Pygmy. African PV9rnYg are similar to Nigeria" Dwarf goats in many ways, although they are ty Ily . pica not milked and kept only as pets. 7 1 7 hey are smaller in iz -- ju t 15-17 inch t e Ou s e s es high a th sh Ideir and weighing 40-50 pounds. Both Nigerian Dwarf and African I)LQMLjoats are goats, which generally weigh around 150 pounds, Dwarf Goats Please see the attached chart (#1). Denver passed a new Food-Producing Aj-iimals ordinance it) 2011, and the chart reflects the ru)es of that (>rdinanc-%='W-ajo,(,r#v , : by the team iii Denver task-ed with doing research in the process of developing the ordinance, and reflects the other cities' ordinances as of early 2011, i �wr Kenneth Johnstone From: Sundari Elizabeth Kraft <sundari93@yahoo.com> Sent: Thursday, June 19, 201410:24 PM To: Kenneth Johnstone Subject: Thank you! fit Kcn, I think that -was a really good heating, and I want to thank you for your work, I so appreciate the CitN's (and N or) connnon-sense, measured approach to this issue. - fhank you for your ability to discuss this -with concerned Commissioners in such as rational way, It's ven appreciated! Sundari Kraft 1A Cir LC- BriaaEt�aft l'}~tc >t<:a to a1x B. ' Case No. ZOA-14-03: An ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats. Commissioner OHM inquired about enforcing noise impacts. Mr. Johnstone replied that would be a nuisance issue that Code Enforcement would enforce. Commissioner TIMMS inquired about the purpose of the City's Welfare and Control Commission. Mr. Johnstone stated it is an advisory board with a limited regulatory role in making recommendations on the harboring of wild animals. They can issue licenses for exotic animals for a certain period of time. They have a role in reviewing kennel licenses. They are appointed by Council. Commissioner DORSEY asked if licensing and immunizations will be required. Mr. Johnstone replied no. Commissioner WEAVER asked if the Animal Welfare Commission meetings are closed to the public. Mr. Johnstone stated not to his knowledge. She stated there are no regulations for how animals are sheltered. That is up to the owner. She stated the only : r � 1!" � � 0 1 The proposed ordinance is available in electronic form on the City's official website, www.ci.wheatridf-)re.co.us, Legal Notices, Copies are also available in printed fonn in the Community Development Department. Published: Wheat Ridge Transcript, June 5, 2014 I The following case shall be heard: Case No. ZOA-14-03: An ordinance amending the Wheat Ridge code of laws concerning the keeping of dwarf goats. Kul, Wagpllei% Admintsi rata vc As,,«i%uul Kenneth Johnstone From: Kenneth Johnstone Sent: Friday, June 20, 2014 8:12 AM To: Kenneth Johnstone Subject: PC Meeting - 6-19-14 PC Meeting - 6-19-14 - Silke Popp is absent - Bucknarn - Timms agenda 6-0 No public forum MJ Cultivation - Residential - Timms motion, Alan 2nd, 6-0 MIN - Bucknam motion, Weaver 2nd, 6-0 City of heat judge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 19, 2014 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE KEEPING OF DWARF GOATS CASE NO. ZOA -14 -03 ® PUBLIC HEARING ED CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, AICP, Community Development Director Date of Preparation: June 19, 2014 SUMMARY: Some homeowners in the City have recently raised questions about the permissibility of dwarf goats on residential properties in the City. The City's large animal regulations (Sec. 26 -605) currently regulate full size goats; but no distinction is made for dwarf goats, which are considerably smaller. The City's small animal regulations (Sec. 26 -606) reference rabbits, chinchillas and various fowl and poultry, but nothing similar to a goat. A property owner located at 3495 Ames Street in eastern Wheat Ridge has expressed an interest in keeping dwarf goats on her property. Dwarf goats are not specifically referenced in any section of the Municipal Code. Based on limited research (refer to attached handout), it appears dwarf goats are generally between 40 and 60 pounds, so substantially smaller than a regular goat which averages approximately 150 pounds. They have become increasing popular to have at one's home, both as pets and as sources of dairy and dairy related products. Based on the above described small and large animal code sections it has been determined that dwarf goats are most similar to goats and therefore subject to the City's large animal regulations. The property in question is not of sufficient size to meet the threshold of 9,000 square foot of open lot area as is required to keep any large animals. This determination has caused the property owner to request the City consider code amendments to allow the keeping of dwarf goats in more circumstances than currently allowed under our large animal regulations. The issue was forwarded to the City's Animal Welfare and Control Commission (AWCC) at their March 18, 2014 meeting. Staff prepared a memo outlining several options for how the code could be amended to be more permissive toward the keeping of dwarf goats. With input from the AWCC, planning staff presented the policy issue and a recommended approach to City Council for consideration at their May 5 study session. City Council was generally supportive of being ZOA -14 -03 / Dwarf Goats more permissive and directed staff to prepare an ordinance for consideration. Amendments to Chapter 26 (Zoning and Development) require review and approval by the Planning Commission and City Council as ordinances and are subject to public hearings. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: The City's zoning code (Chapter 26 of the Municipal Code) regulates the keeping of animals in residential areas in three principle code sections: 1) 26 -204, Zone District Use Schedule; 2) 26- 605, Large Animals; and 3) 26 -606, Small Animals and Poultry. Section 26 -204. Permitted and accessory uses. Household pets are permitted and limited to no more than 3 dogs and 4 cats and their un- weaned offspring. No other detailed regulations are provided in the zoning code. Section 26 -605. Large animals. Large animals are described as horses, cows, llamas, sheep, goats and similar animals. They are allowed on residentially zoned lots, with certain minimum lot open area requirements, fencing standards, waste control measures and building setbacks. The keeping of large animals is generally not allowed in the front yard of a residential property. Large animals are regulated based on size, such that one horse is the control measure, referred to as a "horse equivalent unit." Smaller large animals are defined based on how many horse equivalent units (HEU) they equate to: 2 llamas equals 1 HEU, 4 alpacas equals 1 HEU, 4 sheep equals 1 HEU and 4 goats equals I HEU. A property must have a minimum "open lot area" of 9,000 square feet for the first HEU and 6,000 square feet for each additional HEU. "Open lot area" excludes portions of a lot covered by structures, carports and patios. Under these regulations, in order to keep goats, a property would need to have a minimum of 9,000 square feet of open lot area, which would allow for 4 goats. The 9,000 square foot standard is a minimum threshold and is not divisible for a scenario where one were to proposed something less than a full HEU. Stated another way, a property would not be allowed to have two goats with only 4,500 square feet of minimum open lot area under the current code. Section 26 -606. Small animals and poultry. The private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons is allowed, with no specific restriction on the number of animals, subject to various performance requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 square feet of floor area nor 12 feet in height. Hutches shall not exceed 100 square feet and a maximum of two floors. All structures housing animals shall be located outside of the front yard, set back 15 feet from side and rear property lines and not closer than 30 feet from a primary structure on an adjacent property. Animal waste must be controlled so as not to become a nuisance. ZOA -14 -03 / Dwarf Goats By way of summary, the ordinance is proposed to regulate dwarf goats in the following manners: W I move to recommend approval of the proposed ordinance amending various sections of Chapter 26 of the Wheat Ridge code of laws, concerning the keeping of dwarf goats." Exhibits: I . Proposed Ordinance 2. Tutorial on dwarf goats prepared by Sundari Kraft BOA -1 -0 / Dwarf 6oats 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCILMEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2014 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE KEEPING OF DWARF GOATS WHEREAS, the Wheat Ridge City Council has authority under Article XX of the Colorado Constitution, the City's Home Rule Charter and C.R.S. 31 -23 -101; et seg. to enact ordinances for preservation and promotion of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted Sections 26 -605 and 26 -606 of the Wheat Ridge Code of Laws, concerning large and small animals and poultry; and WHEREAS, the Planning Commission has reviewed and favorably recommended amendments to the Code of Laws concerning dwarf goats; and WHEREAS, the City Council finds the proposed amendments are appropriate and further the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Sec. 26 -605 A and G of the Wheat Ridge Code of Laws, concerning large animals, are amended to read: Private stables for the keeping of large animals such as horses, cows, llamas, sheep, goats and similar animals shall meet the following requirements. This section shall not apply to conforming lots in the A -1 or A -2 districts: A. Minimum open lot area shall be nine thousand (9,000) square feet for the first horse equivalent unit and an additional six thousand (6,000) square feet for each additional horse equivalent unit. For the purposes of this section, "open lot area" means a portion of lot excluding area covered by a main structure and attached carports or patios, and excluding detached garages. There shall be no more than four (4) horse equivalent units per acre except that offspring of animals on the property may be kept until weaned. One (1) horse equivalent equals one (1) horse, one (1) cow, two (2) llamas, two (2) burros, four (4) alpacas, four (4) sheep, four (4) goats, SIX (6) DWARF GOATS or two (2) ponies.... B. ... G. Any keeping of animals made nonconforming by the passage of Ordinance No. 1165, Series of 1999, OR OF ORDINANCE , SERIES 2014 shall constitute a legal nonconforming keeping of animals. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Upon sale of a property, the minimum requirements of section 26 -605 shall be met or the keeping of animals must cease. For the purposes of this subsection G., periodic removal for the purposes of pasturing shall not constitute discontinuance of use. Section 2 . Sec. 26 -606 of the Wheat Ridge Code of Laws concerning small animals and poultry, is amended to read: The private keeping of small animals, such as DWARF GOATS, rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons, shall be subject to the following requirements. This section shall not apply to conforming lots in the A -1 or A -2 districts. A. EXCEPT WHEN IN COMPLIANCE WITH SECTION 26 -605 (LARGE ANIMALS), DWARF GOATS SHALL BE LIMITED TO A MAXIMUM OF THREE (3) PER RESIDENTIAL DWELLING UNIT, . PLUS THEIR UN- WEANED OFFSPRING AND PROVIDED NO UN- NEUTERED MALE DWARF GOATS SHALL BE ALLOWED. FOR EACH DWARF GOAT, A MINIMUM OF 130 SQUARE FEET OF PERMEABLE LOT AREA SHALL BE PROVIDED IN THE SIDE OR REAR YARD. B. Poultry houses and pigeon coops, or the portions of THESE AND OTHER structures used to house OR PROVIDE SHELTER FOR SMALL animals, shall not exceed four hundred (400) square feet of ground floor area nor twelve (12) feet in height. c. Hutches for small animals shall not exceed one hundred (100) square feet of ground floor area with a maximum of two (2) floors or levels. D. Maximum ground floor areas for small animals or poultry set forth above may be increased by fifty (50) percent for each acre in addition to the minimum lot size for the zone district. E. All houses, coops, hutches or portions of THESE AND OTHER structures housing OR PROVIDING SHELTER FOR SMALL animals shall be located other than in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines, and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent property. F. The accumulation of animal waste to the extent that such becomes a nuisance to surrounding properties is prohibited, as regulated by chapter 15 of this Code of Laws. G. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Section 3 . Section 26 -119 of the Wheat Ridge Code of Laws is amended by the addition of the following definition, in proper alphabetical order: Dwarf Goats. Dwarf goats generally weigh between 40 and 75 pounds and include breeds known commonly as Nigerian Dwarf and African Pygmy. Section 4. Section 26 -204 of the Wheat Ridge Code of Laws, entitled Residential Use Chart is amended by the addition of the following entry for "Large and Small Animals" to read: Accessory Uses for Residential Districts Notes Large and Small Animals See 26 -605 and 26 -606 Section 5. Effective date. Pursuant to Charter Section 15.11, this Ordinance shall take effect upon effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of , 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, , 2014 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication [or whatever Council Bill indicates]. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014. SIGNED by the Mayor on this day of 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First publication: Second publication: Wheat Ridge Transcript Effective Date: Published: , 2014 Wheat Ridge Transcript and www.ci.wheatridge.co.us Dwarf Dairy Goats in Wheat Ridge .r Prepared by Sundari Kraft Author, "The Complete Idiot's Guide to Urban Homesteading" Founding Co- Chair, Denver Sustainable Food Policy Council Founder and Owner, Heirloom Gardens LLC Founder and Organizer, Sustainable Food Denver Backyard Goat Keeping Instructor, Denver Botanic Gardens www.eatwhereUbve.com mfo@eatwhereUhve.com This is a tkafi p I Questions and relwor for a",6owl information arr meAvxe. info@eaMhmU1tmroar Summary of the Proposal Urban homesteaders across the country are raising backyard dwarf dairy goats in growing numbers. Small in size (milking does weigh 50 -60 pounds) and easy to manage, dwarf goats can be a source of healthy and affordable milk for families. Wheat Ridge should add dwarf goats to the list of "Small Animals and Poultry" that are currently allowed in the city, with reasonable guidelines regarding the size and placement of the animals' structure. Current Laws Wheat Ridge currently requires 9,000sf of open space in order to have a horse, and 4 full-size goats are the equivalent of a horse. The rules do not make any distinction between a dwarf goat (50 -60 pounds) and a full-size goat (150 pounds). In addition, a resident who only wants to keep 2 goats is not allowed to "split the horse" (so to speak) and have 2 goats with only 4 „500sf of open space. 9,000sf of open space is not a reasonable requirement for an urban homesteader, nor is it a necessary amount of space in order to safely raise dwarf goats. The category of "Small Animals and Poultry” currently includes things like farm birds (duck, goose, swan, and poultry) and domestic rabbits. Poultry houses or chicken coops must be smaller than 400sf and shorter than 12 feet tall. The structure cannot be kept in the front yard, and must be at least 15 feet away from the property lines and more than 30 feet from a residence or main structure on an adjacent propern About Dwarf Goats The term "dwarf goats" can be applied to two distinctive breeds of goats: Nigerian Dwarf and African Pygmy. Nigerian Dwarf goats are most commonly raised as dairy goats. They are 17 -19 inches tall (measured at the shoulder). Adult females weigh around 50 -60 pounds, and adult males weigh around 75 pounds. These goats are approximately as big as a medium -size dog. A Nigerian Dwarf doe can produce about a quart of milk per day. Males that are castrated (called "wethers') are often kept as pets. These goats eat primarily hay, although they also enjoy vegetarian food scraps, weeds, and most garden waste. Goat droppings can be safely added to gardens or compost piles. Nigerian Dwarf goats can be easily transported in the back of a car, and they enjoy hiking in the mountains on a leash. African Pygmy goats are similar to Nigerian Dwarf goats in many ways, although they are typically not milked and kept only as pets. They are smaller in size -- just 15 -17 inches high at the shoulder and weighing 40 -50 pounds. Both Nigerian Dwarf and African Pygmy goats are distinctly different in size compared to full-size goats, which generally weigh around 150 pounds. i &gi"; " x z Goats are social creatures and can become extremely stressed if they are alone. It is not advisable to keep only one goat; goat owners should always have two (or more). Dwarf Goats in Other Cities Please, see the attached cbart (# 1). Derwer passed a new Food -Producing Animals ordinance in M ' 1, and the chart reflects the rules of that ance. 'I'he information on other cities Nvas gathered by the team in Denver tAsked with doing researcb in the process of developing the ordinance, and reflects the other cities' ordinances as of early 2011 I Dwarf Goat Notes • game to our attention by a new WR homeowner who wanted to relocate their dwarf goats from Denver to Wheat Ridge • Municipal code doesn't specifically discuss dwarf goats; we determined that the most logical classification would be to group them with regular goats, which are governed by large animal regulations • Large animals are generally only allowed on larger residential lots • The topic was brought to the AWCC at their April 15 meeting and they were provided a staff recommendation for a possible regulatory approach, which they generally concurred with • The specifics of their recommendations are included in the staff memo for this meeting • Generally, staff is recommending for Council's consideration for a regulatory approach that would treat dwarf goats as "small animals ", but place a cap of 3 dwarf goats that could be kept on smaller residential lots • To the extent a property owner would want to keep more than 3, they would then be governed by the large animal regulations and be allowed to have 6 or more goats provided they have a suitably large lot — approximately 10,000 SF and larger • No code language has yet been drafted, pending direction from City Council • If Council is supportive of our recommended approach, an ordinance would be drafted and forwarded to the Planning Commission for further review and a recommendation �C-L-A? : � A IN 1S (.EwP!"1 DGI f is w..A D D se,4- cg w. ) r i hvl; (nom tl 5 C- �iaok Y-0 s F k 6 C.9f5 4�- J��, J a "Id TO: THROUGH: FROM: DATE: SUBJECT: Mayor and City Council Patrick Goff, City Manager Kenneth Johnstone, Community Development Director April 25, 2014 (for May 5, 201.4 City Council study session) Zoning Regulations pertaining to Dwarf Goats History: Some homeowners in the City have recently raised questions about the permissibility of dwarf goats on residential properties in the City. The City's large animal regulations currently regulate full size goats; but no distinction is made for dwarf goats, which are considerably smaller than full size goats. Some individuals have requested consideration to be allowed to keep a limited number of dwarf goats on residential properties in the City without being subject to the full extent of the large animal regulations. That question is being brought before City Council with a request for policy direction. Background. The City's zoning code (Chapter 26 of the Municipal Code) regulates the keeping of animals in residential areas in 3 principle code sections: 1) 26-204, Household Pets, 2) 26-605. Laree 26-204. Permitted and accessory uses. Household pets are permitted and limited to no more than 3 dogs and 4 cats. No other detailed regulations. 26-605. Large animals. Large animals are described as horses, cows, llamas, sheep, goats and similar animals. They are allowed on residentially zoned lots, with certain minimum lot open area requirements, fencing standards, waste control measures and building setbacks. The keeping of large animals is generally not allowed in the tront yard of a residential property. Large animals are regulated based on size such that one horse is the control measure, referred to as a "horse equivalent unit". Smaller large animals are defined based on how many horse equivalent units (HEU) they equate to: 2 lian equals I HEU, 4 alpacas equals I HEU, 4 sheep equals I HEU and 4 goats equals I HEU. A property must have a minimum "open lot area" of 9,000 square feet for the first HELD and 6,000 SF for each additional HEU. "Open lot area" excludes portions of a lot covered by structures, carports and patios. Under these regulations, in order to keep goats, a property would need to have a minimum of 9,000 square feet of open lot area, which would allow for 4 goats. The 9,000 square foot standard is a minimum threshold and is not divisible for a scenario where one were to proposed something less than a full HEU. Stated another way, a property would not be allowed to have 2 goats with only 4,500 square feet of minimum open lot area, 26-606. Small animals andpoulttj�, The private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons is allowed, with no specific restriction on the number of animals, subject to various performance requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 SF of floor area nor 12 feet in height. Hutches shall not exceed 100 SF and a maximurn of 2 floors. All structures housing animals shall be located outside of the front yard, set back 15 feet from side and rear property lines and not closer than 30 feet from a primary structure on an adjacent property. Animal waste must be controlled so as not to become a nuisance, N amendments that were approved by City Council was to be fairly permissive in regards to allowing and perhaps even encouraging urban farming types of activities. In keeping with that policy direction, it seerns very appropriate that we consider these changes to make more accommodations for the keeping of dwarf goats in residential areas of the City. • Adequate fencing and shelter must be provided • No setbacks be required for the corral area • Shelters must meet the setbacks for the underlying zone district • A definition for "dwarf goat" be included Direction re nested; We look foi-Alard to additional discussion and input at the May 5 City Council meeting and request direction whether to proceed with a zoning code amendment and if so under what general teens. The zoning code amendment would also require consideration by the Planning Commission. Attachments: Dwarf Goat Tutorial Applicable section of Chapter 26 of the Code ZONING AND DEVELOPMENT § 26 -204 Accessory Uses For Residential Districts Notes Bee keeping See § 26 -603 and 607 Ancillary uses operating within a church's pri- e.g.: Day care centers, scout meetings mary structure S Home occupations, including produce stands See § 26 -613 and § 26 -636 for produce stands Accessory buildings See § 26 -123; 605 (excludes keeping of swine); 606. Cemeteries and cremato- Accessory buildings shall not be located on a vacant S lot devoid of any primary or main building, except ties for urban garden uses, which may or may not have a primary or main buildin Farmers' markets Not permitted as an accessory use on properties S where the primary use is a single- or two - family Day care home, large home. See § 26 -635 Household pets, limited to no more than 3 dogs Plus their unweaned offspring and 4 cats Private swimming pools and tennis courts and See § 26 -603 other recreational facilities Public and private communications towers, televi- For satellite earth receiving stations, see § 26 -616 sion or radio antennas and § 26 -617 Public utility lines and poles, irrigation channels, S storm drainage and water supply facilities runs which are adjacent Rooming and/or boarding of not more than 2 per- On a contract basis for not less than 7 days sons to residentially zoned or Urban gardens See § 26 -637 Water towers or aboveground reservoirs Not in excess of 35 feet Table of Uses — Agricultural and Public Facilities Uses tes A -1 A-2 pF Bed - and - breakfast Subjequirements fto S S set fo 26 -608 Cemeteries and cremato- Not including funeral S S ties homes Churches parish houses S S Day care home, large S S Day care center, large S S Day care center, small S S Dog kennels, catteries, Provided that outside S S veterinary hospitals runs which are adjacent to residentially zoned or used property are no closer than 25 feet to a side or rear lot line Electric transmission S S substations Farmers' markets Submittal to community P P P development department required. See § 26 -635 Supp. No. 50 1729 ZONING AND DEVELOPMENT Height measurement, L Divisional fences, walls, hedges, and other divisional structures which are parallel or are adjacent to public streets shall be measured as provided by section 26-603B. (sight distance triangle requirements), 2. All other provisional fimces, walls, hedges, and other divisional structures or obstructions shall be measured from finished grade, five (5) feet inside of the prop to which it belongs. (Ord. No. 2001-1215, § 1, 2-26-01; Ord, No. 1.248, § 1, 5-1.3-02; Ord, No. 1288, §§ 1, 2, 5-1.2-03; Ord. No. 1376, § 1, 1.0-23-06; Ord. No. 1,515, § 9, 7-9-12; Ord. No. 1518, §§ 1, 2, 8-27-12) Sec. 26-604. Storage, offlammable liquids or gases, No aboveground storage of flammable liquids or gases in excess of two thousand (2,(00) gallons shall be permitted in any district other than the industrial-employment district unless approved as a special use and in conformance with the Uniform Fire Code and other applicable laws, (Ord. No. 2001-1215, § 1, 2-26-01; Ord, No. 1523, § 8, 10-8-12) See. 26-605. Large animals. Private stables for the keeping of large animals such as horses, cows, llamas, sheep, goats and similar animals shall meet the following requirements. This section shall not apply to conforming lots in the A-1, or A-2 districts: I No part of an enclosure for the keeping of such animals shall be permitted within thirty (30) feet of a residence or other main structure on an adjacent parcel. Supp. No, 50 1822.1 § 26-605 WHEAT RIDGE CITYCODE Stipp, No, 50 1 822.2 ZONING DEVELOPMENT ¢ 26 upp. No. 31 1823 City of Wheat dge COMMUNITY DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: DATE: SUBJECT: �,Y k--�Os "T G „ Kenneth Johnstone,, Co, ity Development Director April 25, 2014 (for May 5, � 4 City Council Study Session) Zoning Regulations per �ing to Dwarf Goats ISSUE: Some homeowners in the City have recently raised questions about the permissibility of dwarf goats on residential properties in the City. The City's large animal regulations currently regulate full size goats; but no distinction is made for dwarf goats, which are considerably smaller. A property owner located at 3495 Ames Street in eastern Wheat Ridge has expressed an interest in keeping dwarf goats on her property. Dwarf goats are not specifically referenced in any section of the Municipal Code. Based on limited research (refer to attached handout), it appears dwarf goats are generally between 40 and 60 pounds, so substantially smaller than a regular goat which average approximately 150 pounds. They have become increasing popular to have at one's home, both as pets and as sources of dairy and dairy related products. The City's zoning administrator has determined, based on the above described code sections that dwarf goats are most similar to goats and therefore subject to the City's large animal regulations. The property in question is not of sufficient size to meet the threshold of 9,000 square foot of open lot area. This determination has caused the property owner to request the City to consider code amendments to allow the keeping of dwarf goats in more circumstances than currently allowed under our large animal regulations. At the recommendation of the City's Animal Welfare and Control Commission (AWCC) at their March 18, 2014 meeting, staff has prepared this memo and analysis for consideration. The intent of any code amendment would be to allow more opportunities to keep dwarf goats on residential properties through more permissive zoning regulations. Amendments to Chapter 26 (Zoning and Development) require review and approval by the Planning Commission and City Council as ordinances and are subject to public hearings. BACKGROUND: The City's zoning code (Chapter 26 of the Municipal Code) regulates the keeping of animals in residential areas in three principle code sections: 1) 26 -204, Household Pets; 2) 26 -605, Large Animals; and 3) 26 -606, Small Animals and Poultry. Zoning Regulations RE: Dwarf Coats May 5, 2015 Page 2 26 -204. Permitted and accessory uses. Household pets are permitted and limited to no more than 3 dogs and 4 cats. No other detailed regulations. 26 -605. Large animals. Large animals are described as horses, cows, llamas, sheep, goats and similar animals. They are allowed on residentially zoned lots, with certain minimum lot open area requirements, fencing standards, waste control measures and building setbacks. The keeping of large animals is generally not allowed in the front yard of a residential property. Large animals are regulated based on size, such that one horse is the control measure, referred to as a "horse equivalent unit." Smaller large animals are defined based on how many horse equivalent units (HEU) they equate to: 2 llamas equals 1 HEU, 4 alpacas equals 1 HEU, 4 sheep equals 1 HEU and 4 goats equals 1 HEU. A property must have a minimum "open lot area" of 9,000 square feet for the first HEU and 6,000 square feet for each additional HEU. "Open lot area" excludes portions of a lot covered by structures, carports and patios. Under these regulations, in order to keep goats, a property would need to have a minimum of 9,000 square feet of open lot area, which would allow for 4 goats. The 9,000 square foot standard is a minimum threshold and is not divisible for a scenario where one were to proposed something less than a full HEU. Stated another way, a property would not be allowed to have two goats with only 4,500 square feet of minimum open lot area. 26 -606. Small animals and poultry. The private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons is allowed, with no specific restriction on the number of animals, subject to various performance requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 square feet of floor area nor 12 feet in height. Hutches shall not exceed 100 square feet and a maximum of two floors. All structures housing animals shall be located outside of the front yard, set back 15 feet from side and rear property lines and not closer than 30 feet from a primary structure on an adjacent property. Animal waste must be controlled so as not to become a nuisance. OPTIONS: Option 1. Create a new code section that pertains specifically to these "medium sized" animals Option 2. Amend the large animal section of the code to develop a new HEU for dwarf goats and amend the minimum 9,000 square foot threshold for open lot area Option 3. Amend the small animals and poultry code section to include dwarf goats Within each general option, there would be various substantive matters that could be addressed specific to dwarf goats and possibly other classes of similar animals, to the extent those exist. RECOMMENDATIONS In 2011, at the direction of City Council, the City reviewed and updated its regulations as they pertain to various types of urban agriculture types of activities. The general intent of the code 2 Zoning Regulations RE: Dwarf Goats May 5, 2015 Page 3 amendments that were approved by City Council was to be fairly permissive in regards to allowing and perhaps even encouraging urban farming types of activities. In keeping with that policy direction, it seems appropriate that we consider these changes to make more accommodations for the keeping of dwarf goats in residential areas of the City. The AWCC generally agreed with these recommendations and provided the following recommendation for City Council's consideration: No minimum acreage be required (such as the 9,000 square feet of open space for larger animals) • Each, goat must have 130 square feet of permeable area on the property • Nor more than three dwarf goats on a single property • No unneutered males allowed • Adequate fencing and shelter must be provided • No setbacks would be required for the corral area • Shelters must meet the setbacks for the underlying zone district • A definition for "dwarf goat" be included Staff looks forward to additional discussion and input at the May 5 Study Session and requests direction on whether to proceed with a zoning code amendment, and if so, under what general terms. The zoning code amendment would also require consideration by the Planning Commission. 9 Dwarf Dairy Goats in Wheat Ridge Prepared by Sunday; Kraft Author, "The Complete Idiot's Guide to Urban Homesteading" Founding Co-Chair, Denver Sustainable Food Policy Council Founder and Owner, Heirloom, Gardens LL,C Founder and Organizer, Sustainable Food Denver Backyard Goat Keeping Instructor, Denver Botanic Gardens www.eatwhereUbve.com mfo@emtwhereUlive.com Th if u a &*PvppmL IN Wmr(7hiemw 01 Sagiak� Goats are social creat and can becom extremely stressed if they are alone. It, is not advisable to keep orily one goat; gmt 04rmrs sh ould always have two ( more)� Dwarf Goats in Other Cities Please seethe attached chart (#I). Denver pa",ed a new Food-Producirig Animals o inancem 2 1 "WI 1, and the chart reflects the rules of that ordinance. The infort-nation on other cities was gatht," by the team in Denver tasked with doing research in the process of developing, the ordinatwe, and reflects the otber cities'ordinances as, of early 2011. ZONING AND DEVELOPMENT Uses For Residentia Districts Ancivary uses operating within a church's pri- mary structure Home occupations, including produce stands Accessory buildings Farmers' markets pets, limited to no more than 3 Notes _ See § 26 -603 and 607 e.g.: Day care centers, scout meetings § 26 -209 See § 26 -613 and § 26 -636 for produce stands See § 26- 123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot devoid of any primary or main building, except for urban garden uses, which may or may not have a primary or main b uilding Not permitted as an accessory use on properties where the primary use is a single- or two-family home. See § 26 -635 and 4 cats - Plus their unweaned offspring Private swimming pools and tennis courts and See § 26 -603 other recreational facilities Public and private communications towers, te)evi- For satellite ear sion or radio a ntennas th receiving stations, see § 26-616 and § 26-6]7 Public utility lines and poles, irrigation channels, -- storm drainage and water supply facilities Rooming and/or boarding of not more than 2 per_ On a contract bas so is for not Ins than 7 days - - -- �� ." See § 2 6 -637 Water towers or aboveground reservoirs Not in excess o 35 feet Table of Uses -- Agricultural and Public Facilities Uses Notes Bed- and - breakfast Subject to requirements set forth in § 26 -608 Cemeteries and cremato- _ Not including funeral ries homes Churches n houses - a care home, large L Da care center, Day care center, l Dog kennels, catteries, Prov that outside veterinary hospitals ru ided which are adjacent Electric transmission substations Farmers' markets to residentially zoned or used property are no closer than 25 feet to a side or re ar lot line Submittal to community development department required See § 26 -635 A -1 S S S _ S S S S S P — A -2 S M S S S S P PIP P Supp. No. 50 1729 ZONING AND DEVELOPMENT § 26-605 2. For all swimming pools, hot tubs, spas, and similar aquatic facilities (including in- and above - ground), required fences and barriers shall conform to the requirements of the International Residential or Building Code, as applicable. H. Maintenance. All fences shall be maintained in a structurally sound and safe condition, and shall not be allowed to deteriorate so as to become unsightly nuisances to neighboring property or to the general public. I. Height measurement. 1. Divisional fences, walls, hedges, and other divisional structures which are parallel or are adjacent to public streets shall be measured as provided by section 26 -603B. (sight distance triangle requirements). 2. All other provisional fences, walls, hedges, and other divisional structures or obstructions shall be measured from finished grade, five (5) feet inside of the property to which it belongs. (Ord. No. 2001 - 1215, § 1, 2- 26 -01; Ord. No. 1248, § 1, 5- 13 -02; Ord. No. 1288, §§ 1, 2, 5- 12 -03; Ord. No. 1376, § 1, 10- 23 -06; Ord. No. 1515, § 9, 7 -9 -12; Ord. No. 1518, §§ 1, 2, 8- 27 -12) Sec. 26 -604. Storage of flammable liquids or gases. No aboveground storage of flammable liquids or gases in excess of two thousand (2,000) gallons shall be permitted in any district other than the industrial- employment district unless approved as a special use and in conformance with the Uniform Fire Code and other applicable laws. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1523, § 8, 10 -8 -12) Sec. 26 -605. Large animals. Private stables for the keeping of large animals such as horses, cows, llamas, sheep, goats and similar animals shall meet the following requirements. This section shall not apply to conforming lots in the A -1 or A -2 districts: A. Minimum open lot area shall be nine thousand (9,000) square feet for the first horse equivalent unit and an additional six thousand (6,000) square feet for each additional horse equivalent unit. For the purposes of this section, 'open lot area" means a portion of lot excluding area covered by a main structure and attached carports or patios, and excluding detached garages. There shall be no more than four (4) horse equivalent units per acre except that offspring of animals on the property may be kept until weaned. One (1) horse equivalent equals one (1) horse, one (1) cow, two (2) llamas, two (2) burros, four (4) alpacas, four (4) sheep, four (4) goats, or two (2) ponies. B. Manure or liquid waste shall not be allowed to accumulate so as to cause a nuisance as regulated by Wheat Ridge Code of Laws, chapter 15. C. The pen, corral or fenced area allotted to the animals shall meet the following requirements: 1. The fence or other enclosure must be constructed and maintained in such a manner so as to adequately and humanely contain the animals. Owners of animals using fences belonging to adjacent properties to be used for the containment of animals must have permission of the owner of the fence in question in writing. 2. The pen, corral or fenced area for the regular keeping of such animals shall not be permitted within thirty (30) feet of the front lot line, except for lots over one (1) acre or, if under one (1) acre if the lot has no main structure. 3. No part of an enclosure for the keeping of such animals shall be permitted within thirty (30) feet of a residence or other main structure on an adjacent parcel. Supp. No. 50 1822.1 26 -605 T..AT RIDGE CITY COD Supp. No, 50 1822.2 P� City of Wheat 1dgc COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCILMEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2014 TITLE: AN ORDINANC�AMENDING THE WHEAT RIDGE CODE OF LAWS CONCF-'�NG THE KEEPING OF DWARF GOATS WHEREAS, the Wheat Ridge City Council has authority under Article XX of the Colorado Constitution, the City's Home Rule Charter and C.R.S. 31 -23 -101; et seq. to enact ordinances for preservation and promotion of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted Sections 26 -605 and 26 -606 of the Wheat Ridge Code of Laws, concerning large and small animals and poultry; and WHEREAS, the Planning Commission has reviewed and favorably recommended amendments to the Code of Laws concerning dwarf goats; and WHEREAS, the City Council finds the proposed amendments are appropriate and further the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Sec. 26 -605 A and G of the Wheat Ridge Code of Laws, concerning large animals, are amended to read: Private stables for the keeping of large animals such as horses, cows, llamas, sheep, goats and similar animals shall meet the following requirements. This section shall not apply to conforming lots in the A -1 or A -2 districts: A. Minimum open lot area shall be nine thousand (9,000) square feet for the first horse equivalent unit and an additional six thousand (6,000) square feet for each additional horse equivalent unit. For the purposes of this section, "open lot area" means a portion of lot excluding area covered by a main structure and attached carports or patios, and excluding detached garages. There shall be no more than four (4) horse equivalent units per acre except that offspring of animals on the property may be kept until weaned. One (1) horse equivalent equals one (1) horse, one (1) cow, two (2) llamas, two (2) burros, four (4) alpacas, four (4) sheep, four (4) goats, SIX (6) DWARF GOATS or two (2) ponies.... G. Any keeping of animals made nonconforming by the passage of Ordinance No. 1165, Series of 1999, OR OF ORDINANCE , SERIES 2014 shall constitute a legal nonconforming keeping of animals. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Upon sale of a property, the minimum requirements of section 26 -605 shall be met or the keeping of animals must cease. For the purposes of this subsection G., periodic removal for the purposes of pasturing shall not constitute discontinuance of use. Section 2 . Sec. 26 -606 of the Wheat Ridge Code of Laws concerning small animals and poultry, is amended to read: The private keeping of small animals, such as DWARF GOATS, rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons, shall be subject to the following requirements. This section shall not apply to conforming lots in the A -1 or A -2 districts. A. EXCEPT WHEN IN COMPLIANCE WITH SECTION 26 -605 (LARGE ANIMALS), DWARF GOATS SHALL BE LIMITED TO A MAXIMUM OF THREE (3) PER RESIDENTIAL DWELLING UNIT, PLUS THEIR UN- WEANED OFFSPRING AND PROVIDED NO UN- NEUTERED MALE DWARF GOATS SHALL BE ALLOWED. FOR EACH DWARF GOAT, A MINIMUM OF 130 SQUARE FEET OF PERMEABLE LOT AREA SHALL BE PROVIDED IN THE SIDE OR REAR YARD. B. Poultry houses and pigeon coops, or the portions of THESE AND OTHER structures used to house OR PROVIDE SHELTER FOR SMALL animals, shall not exceed four hundred (400) square feet of ground floor area nor twelve (12) feet in height. C, Hutches for small animals shall not exceed one hundred (100) square feet of ground floor area with a maximum of two (2) floors or levels. D. Maximum ground floor areas for small animals or poultry set forth above may be increased by fifty (50) percent for each acre in addition to the minimum lot size for the zone district. E. All houses, coops, hutches or portions of THESE AND OTHER structures housing OR PROVIDING SHELTER FOR SMALL animals shall be located other than in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines, and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent property. F. The accumulation of animal waste to the extent that such becomes a nuisance to surrounding properties is prohibited, as regulated by chapter 15 of this Code of Laws. G. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Section 3 . Section 26 -119 of the Wheat Ridge Code of Laws is amended by the addition of the following definition, in proper alphabetical order: Dwarf Goats. Dwarf goats generally weigh between 40 and 75 pounds and include breeds known commonly as Nigerian Dwarf and African Pygmy. Section 4. Section 26 -204 of the Wheat Ridge Code of Laws, entitled Residential Use Chart is amended by the addition of the following entry for "Large and Small Animals" to read: Accessory Uses for Residential Districts Notes Large and Small Animals See 26 -605 and 26 -606 Section 5. Effective date. Pursuant to Charter Section 15.11, this Ordinance shall take effect upon effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to _ on this day of , 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, , 2014 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication [or whatever Council Bill indicates]. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2014. SIGNED by the Mayor on this day of 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First publication: Second publication: Wheat Ridge Transcript Effective Date: Published: 2014 Wheat Ridge Transcript and www.ci.wheatridge.co.us Kenneth Johnstone Winona Correa, Paralegal and Office Administrator Murray Dahl Kuechenmeister & Renaud LLP 1530 l6tb Street, Suite 200 Denver, CO 80202 303-493-6672 303477-0965 mwjinnoma(id��nidkrlaw �coni This e message is being sent solely jbr use by the intended recipient(s) and ina ' i� contain coulklential infin Aln� unauthorized review, use, disclosure or distribution is prohibiteet ffyou are not the intended recipient, please contact the sender by phone or reply /5y e-niail, delete the or inal wwsa e an4l tlestrqv all copies, Thank you, otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Upon sale of a property, the minimum requirements of section 26 -605 shall be met or the keeping of animals must cease. For the purposes of this subsection G., periodic removal for the purposes of pasturing shall not constitute discontinuance of use. H. Nonconforming A -1 and A -2 properties (i.e., A -1 and A -2 lots less than one (1) acre in size) shall follow the provisions of subsections A. through G., of this section. (Ord. No. 2001 -1215, § 1, 2- 26 -01) Sec. 26 - 606. - Small animals and poultry. The private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons, shall be subject to the following requirements. This section shall not apply ` to conforming lots in the A -1 or A -2 districts. /� � G 0L1 - b� � "/animals, Syr,, f- 1 A. Poultry houses and pigeon coops, or the portions of/structures used to house animals, shall not exceed four hundred (400) square feet of ground floor area nor twelve (12) feet in height. B. Hutches for small animals shall not exceed one hundred (100) square feet of ground floor `� I � (�� area with a maximum of two 2 floors or levels. J w, ^ r� Lr I y C. Maximum ground floor areas for small animals or poultry set f h abovd be increa d by fifty (50) percent for each acre in addition to the minimum lot ize for the zone district. D. All houses, coops, hutches or portions of structures housin animals shall be located other than in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines, and shall be no closer than thirty (30) feet from a residence or other maih structure on an adjacent property. E. The accumulation of animal waste to the extent that such becomes a nuisance to surrounding properties is prohibited, as regulated by chapter 15 of this Code of Laws. F. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. (Ord. No. 2001 -1215, § 1, 2- 26 -01) Sec. 26 - 607. - Keeping of bees. The private keeping of bees is permitted in all zone districts, subject to the following requirements: A. Beehive structures shall be located other than in a front yard and shall be set back from rear and side property lines a minimum of fifteen (15) fcfet. B. Beehive structures shall be enclosed within a fenced area or fenced yard. (Ord. No. 2001 -1215, § 1, 2- 26 -01) Q. ti �� 1 V\ Sm A v , T) G 4 i r"— U s e---- UU. & rx 4 CA (JG�"� I� !��I...S `Y �0 � r IA'o'" v 6� ✓-1 nr� IIOV✓t�. i\, p k ( p N K I Y\AVV-1 VIP City of `� Wheat 'ge COMMUNITY DEVELOPMENT Sec. 26 -605. - Large animals. Private stables for the keeping of large animals such as horses, cows, llamas, sheep, goats and similar animals shall meet the following requirements. This section shall not apply to conforming lots in the A -1 or A -2 districts: A. Minimum open lot area shall be nine thousand (9,000) square feet for the first horse equivalent unit and an additional six thousand (6,000) square feet for each additional horse equivalent unit. For the purposes of this section, 'open lot area" means a portion of lot excluding area covered by a main structure and attached carports or patios, and excluding detached garages. There shall be no more than four (4) horse equivalent units per acre except that offspring of animals on the property may be kept until weaned. One (1) horse equivalent equals one (1) horse, one (1) cow, two (2) llamas, two (2) burros, four (4) al Ta� four (4) sheep, four (4) goats, k t wo (2) ponies. \ ;; , 4 B. Manure or liquid waste shall ndf grallowed to accumulate so as to cause a nuisanc s D 1 regulated by Wheat Ridge Code of Laws, chapter 15. C. The pen, corral or fenced area allotted to the animals shall meet the following requirements: 1. The fence or other enclosure must be constructed and maintained in such a manner so as to adequately and humanely contain the animals. Owners of animals using fences belonging to adjacent properties to be used for the containment of animals must have permission of the owner of the fence in question in writing. 2. The pen, corral or fenced area for the regular keeping of such animals shall not be permitted within thirty (30) feet of the front lot line, except for lots over one (1) acre or, if under one (1) acre if the lot has no main structure. 3. No part of an enclosure for the keeping of such animals shall be permitted within thirty (30) feet of a residence or other main structure on an adjacent parcel. 4. The fence or other enclosure must enclose a minimum of eight hundred (800) square feet for the first animal and an additional one hundred (100) square feet for each additional animal of any species. D. Structures such as barns or sheds or those portions of such structures where animals are housed shall be no closer than fifteen (15) feet to a side or rear lot line and shall be no closer than thirty (30) feet to a residence or other main structures on an adjacent parcel and shall not be located within the required front yard setback. E. After a complaint is received concerning the keeping of a large animal on residential lots and substandard sized agricultural lots with corrals less than one thousand (1,000) square feet in size, the owner shall follow an approved manure management program as prescribed by the animal welfare control commission. F. Upon receipt of any complaint involving large animals as defined herein, standard nuisance abatement procedures will be followed. Additionally, code enforcement personnel will make the complaint known via the APEO superintendent to the members of the animal welfare and control commission who shall be available in any advisory capacity at any time. The animal welfare and control commission will investigate all citizen complaints regarding large animals or their equivalents. The animal welfare and control commission will develop written procedures as to how citizen complaints will be investigated, monitored, and disposed of. G. Any keeping of animals made nonconforming by the passage of Ordinance No. 1165, Series of 1999, shall constitute a legal nonconforming keeping of animals. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains Kenneth Johnstone From: Meredith Reckert Sent: Monday, April 21, 2014 9:46 AM To: Kenneth Johnstone Cc: Mary McKenna; Jim Lorentz; Michelle Stodden Subject: Dwarf goats Twe -To-TF— I nission macleTffe owing recommendations regarding Dwarf Goats: No minimum acreage be required (such as the 9000 sf of open space for larger animals) Each goat must have 130 square feet of permeable area on the property, but not to exceed 3 on a single property No unneutered males be allowed Adequate fencing and shelter must be provided • setbacks be required for the corral area Meredith Reckert, AlCP Senior Planner 7500 W. 29 th Avenue Wheat Ridge, CO 80033 Office Phone 303-235-2848 FAX: 303-235-2857 www.ci.wheatqdge,co.us CA) of �g CommuNny Dr CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. Background: The City's zoning code (Chapter 26 of the Municipal Code) regulates the keeping of animals in residential areas in 3 principle code sections: 1) 26-204, Household Pets; 2) 26-605, Large Animals; and 3) 26-606, Small Animals and Poultry. 26-204. Per initted and accessory uses. Household pets are permitted and limited to no more than 3 dogs and 4 cats. No other detailed regulations, 26-605. Large aninials. Large animals are described as horses, cows, llamas, sheep, goats and similar animals. They are allowed on residentially zoned lots, with certain minimum lot open area requirements, fencing standards, waste control measures and building setbacks. The keeping of large animals is generally not allowed in the front yard of a residential property. Large animals are regulated based on size such that one horse is the control measure, referred to as a "horse equivalent unit ". Smaller large animals are defined based on how many horse equivalent units (HEU) they equate to: 2 llamas equals I HEU, 4 alpacas equals I HEU, 4 sheep equals I HEU and 4 goats equals I HEU. 26-606 Sinall animals andpoidti:y— The private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons is allowed, with no specific restriction on the number of animals, subject to various performance requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 SF of floor area nor 12 feet in height. Hutches shall not exceed 100 SF and a maximum of 2 floors. All structures housing animals shall be located outside of the front yard, setback 15 feet from side and rear property lines and not closer than 30 feet from a primary structure on an adjacent property. Animal waste must be controlled so as not to become a nuisance. Options: Option 1. Create a new code section that pertains specifically to these "medium sized" animals. Option 2. Amend the large animal section of the code to develop a new HEU for dwarf goats and amend the minimum 9,000 square foot threshold for open lot area. Option 3. Amend the small animals and poultry code section to include dwarf goats. Within each general option, there would be various substantive matters that could be addressed specific to dwarf goats and possibly other classes of similar animals, to the extent those exist. I Pending further direction from the AWCC, we have not drafted specific code language for consideration. However, we do have some initial suggestions of additions and amendments that might be appropriate. For smaller lots (those having less than 9,000 SF of open lot area), limit the maximum number of dwarf goats to not more than 3. nlus their un-weaned n# , , qnnintr Thk- k in Iii We look forward to additional discussion and input at your meeting. I TO: Animal Welfare and Control Commission (AWCC) THROUGH: Jim Lorentz, Division Commander and Mary McKenna, Community Services Supervisor FROM: Kenneth Johnstone, Comm Development Director DATE: April 1S, 2014 AWCC Meeting I . #. 26-606. Small animals and poultij, 'flic private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons is allowed, with no specific restriction on the number of animals, subject to various perfort requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 SF of floor area nor 12 feet in height. Hutches shall not exceed 100 SF and a maximum of 2 floors. All structures housing animals shall be located outside of the front yard, setback 15 feet from side and rear property lines and not closer than 30 feet from a primary structure on an adjacent property. Animal waste must be controlled so as not to become a nuisance. Options: Option 1. Create a new code section that pertains specifically to these "medium sized" animals, Option 2. Amend the large animal section of the code to develop a new HEU for dwarf goats and amend the minimum 9,000 square foot threshold for open lot area, Option 3. Amend the small animals and poultry code section to include dwarf goats. Within each general option, there would be various substantive matters that could be addressed specific to dwarf goats and possibly other classes of similar animals, to the extent those exist, M Pending further direction from the AWCC, we have not drafted specific code language for consideration. However. we do have e ,4 w , j g8 m - f & might be l appropriate. -WI, 4 W Case Na ZOA1403 late Received f' 41112014= Related Cases Case Planner Johnstone Case DescriptiorA ordinance amending the Wheat Ridge coda of laws concerning the keeping of dwarf goats .fir - .n+rt rrfrr Name City of Wheat Ridge" Name Phone Address 75017 W 29th Ave �. .. cit Wheat Ridge ... �� .... u. State Cp ., 7P ,80033- 1 CT;er /.ahar,frivr .0 ......_ e _. ... � .. . _........,,w Name Same �... .. . Name Phone Address �.....,....,. . _ City i.. ..,A.v ... .„...,.... e.� .. ..........., State 2 ip Name Same. N ame Phone a _...e,... Address :.:.:.... - ,.:.nw.n.. City ..... . ..:..:....... .... 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