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1004 Chickens,Ducks,RabbitsCITY OF YELM ORDINANCE NO. 1004 AN ORDINANCE of the City of Yelm amending Section 18.30.010 of the Yelm Municipal Code to allow chickens, ducks, and rabbits as common household pets. WHEREAS, The Yelm Zoning Code, Chapter 18.30 Yelm Municipal Code, and Animal Control Code, Chapter 6.08 YMC, prohibit the keeping of chickens, ducks, and rabbits as accessory uses to a single family dwelling; and WHEREAS, Citizens in Yelm have expressed to the City Council that they wish to promote local food sources and sustainable living practices; and WHEREAS, there can be impacts to the general well being of the community from the keeping of chickens, ducks, and rabbits; and WHEREAS, the City Council desires to allow the keeping of chickens, ducks, and rabbits within the City limits, but only with measures designed to mitigate potential impacts to neighbors; Now, THEREFORE, the Yelm City Council do ordain as follows: SECTION 1. Section 18.30.010 YMC is hereby amended as follows: 18.30.010 General Provisions A. Zoning map. The zoning districts are bounded as shown on the official zoning map of the City of Yelm as adopted as part of the City of Yelm Comprehensive Plan. B. Interpretation of zoning district boundaries. When uncertainty exists as to the boundaries as shown on the official zoning map, the Community Development Director and his /her designee shall interpret the boundaries, which shall be final. C. Allowable Density. When calculating the number of dwelling units allowed on a parcel, the gross area is used and the subsequent number of units is rounded to the first significant digit. Gross area includes all land within the exterior boundaries of the development, including, but not limited to all land allocated for open space, critical areas, buffers, streets, roads, and public and private rights -of -way. D. Interpretation of uses. 1. Uses not listed in a zoning district as permitted or special are prohibited. 2. Each zoning district permits certain specific uses and similar or related uses. The determination of similarity or relatedness to the specific uses shall be made by the Community Development Director or his /her designee. E. The following structures and uses shall be allowed in all zoning district and shall be exempt from the design standards of the unified development code. 1. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water or the collection of sewage, or surface or subsurface water, operated or maintained by a governmental entity or a public utility or other City franchised utilities including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground or aboveground; but only when such facilities are located in a street right -of -way or in an easement less than 25 feet in width. This exemption shall not include any substation located on or above the surface of the ground or any such distribution facility located in an easement of 25 feet or more in width; 2. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right -of -way, and maintenance and repair work on such facilities and equipment. This exemption shall not include any facilities and equipment listed as special uses. F. The following structures are exempt from the minimum setback requirements set forth in the zoning districts when the structures are located outside the public right -of -way and are obviously intended to serve the public interest: utility equipment, mailboxes, bus shelters, public bicycle shelters or any similar structure or device. G. Permitted intrusions into required yards. 1. Cornices, eaves and other similar architectural features may project from the foundation wall into any minimum yard setback requirement a maximum distance of two and one - half feet. 2. Open, unwalled and uncovered steps, ramps, not more than four feet in height may extend into the required front or rear yard setback requirement not more than five feet. 3. Decks and patio covers may be permitted to encroach into all residential district rear yard setbacks, provided a minimum setback of 10 feet is retained, and provided such deck be not more than 16 inches above existing natural grade measured at deck floor from the highest point; and provided, that such patio cover is not enclosed in any manner. In no case shall the deck or patio cover be constructed in a required side yard. 4. Awnings and marquees may be allowed within required front yards and over sidewalks or public rights -of -way in commercial and industrial zones if all the following requirements are satisfied: a. The approval authority determines that placement of the awning or marquee within the setback areas or over the public sidewalk does not impede vehicular or pedestrian traffic flow or create any other type of hazard to the public; b. The awning or marquee is specifically designed to benefit pedestrians by the providing of shelter and creating a friendlier pedestrian environment; C. That development of an awning or marquee within the setback area or over public sidewalk is consistent with goals of the comprehensive development plan, the standards of the specific zone in which it is proposed to be located and consistent with the character of the surrounding neighborhood. H. Animals /Pets. Pets and other animals are allowed in all residential districts as an accessory use to a dwelling unit, subject to the following requirements: 1. Fowl a. Three chickens or ducks are allowed on lots up to 5,000 square feet with an additional chicken or duck allowed for every 1,000 square feet of lot area over 5,000, up to ten. b. Chickens and ducks shall be confined within a fenced area. C. Sanitary structures shall be provided to prevent rodents, and shall not be located within 20 feet of any property line. d. Roosters, geese, and turkeys are prohibited. 2. Rabbits a. Five rabbits are allowed on lots up to one acre, with one additional rabbit for every additional 1,000 square feet of lot area over one acre, up to ten rabbits. b. A minimum of 3.5 square feet of hutch space shall be provided per rabbit. d. Structures housing rabbits must be designed to prevent rodents and shall not be located within 20 feet of any property line. NOTHING IN THIS SECTION SHALL SUPERSEDE ANY PRIVATE COVENANTS, CONDITIONS, AND RESTRICTIONS WHICH LIMIT THE KEEPING OF PETS WITHIN A DEVELOPMENT. SECTION 2. This ordinance shall take effect five days after passage, approval, and publication. PASSED by the City Cou dI of Yelm this 25th day of August, 2015. Ron Harding ayor Authenticated: &"x'C I. A"/ J me A. Schnepf, City Clerk PUBLISHED: Nisqually Valley News, September 4, 2015 EFFECTIVE DATE: September 9, 2015