Department: Public Works, Planning Division
Staff Contact: Aimee Nassif, AICP, Chief Planning & Development Officer
Subject: Discussion regarding Residential Special Use Permit for Keeping of Chickens.
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Item Description:
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Discussion regarding proposed amendments to Title 18 Unified Development Code regarding Residential Special Use Permit for the Keeping of Chickens. (10 min)
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Summary:
Currently, the City of Olathe regulates the keeping of chickens on residential properties with a special use permit if the property is less than 3 acres in size; no permit is needed if the property is 3 acres or more. During the current environment we find ourselves in, the interest in keeping “backyard chickens” or “homestead farming” is growing rapidly and we have taken this as an opportunity to review existing procedures and processes in place.
Prior to the current COVID-19 health pandemic, interest in self-sufficiency was climbing as a response to the rising cost of food, a desire for a healthier lifestyle, as well as sustainability and climate change concerns. While the desire for self-sufficiency has grown tremendously in the first half of this year, the keeping of backyard chickens or hens (also known as homestead farming) is a trend parallel with that of home gardens and is found to also have therapeutic and educational benefits.
To date, there are six (6) active special use permits for the keeping of chickens throughout the City which have an average lifespan of 5 years before renewal is required. Yard and setback requirements for the keeping of chickens currently exist in Section 18.30.270 of the Unified Development Ordinance (UDO) and while no explicit limitation currently exists, permits typically allow 4-6 hens and due to noise and other nuisance concerns, roosters are prohibited.
The current review process established in the UDO requires a Special Use Permit which involves a public hearing before the Planning Commission and a City Council meeting, in addition to stringent public notification. Due to Kansas State Statute requirements governing the public hearing process, the time required to obtain the permit takes an average of 10-12 weeks which is both time consuming and costly.
Upon review of the existing UDO, and through research regarding the practices and requirements of other municipalities, the American Planning Association, and the Centers for Disease Control, we are recommending development of a new “Backyard Small Animal Permit”. This Permit would be reviewed administratively, which is consistent with most other municipalities. In addition, the review fee would be minimal ($25.00) and established development requirements that are attached to existing special use permits now, would be included with each permit. This would include that roosters are prohibited which aligns with current restrictions and recommended practices.
In addition to this new permit, we would also be creating a new webpage to provide answers to Frequently Asked Questions and links to recommended practices such as the Centers for Disease Control and Prevention online publications for “Healthy Families and Flocks” <https://www.cdc.gov/healthypets/resources/backyard-flock.pdf>.
Below is a summary of updates to UDO Sections 18.30.270 (Yards and Setbacks) and 18.50.030 (Animals) that we have prepared for your consideration and review.
Copies of the Existing UDO language for each section is attached to this report.
1. Recommendation: Remove existing language from 18.30.270 Yards and Setbacks
Reason: Section 18.30.270.D provides yard setback requirements for chicken coops and rabbit hutches on properties less than three (3) acres in size. Staff recommends removing the language here and having all yard requirements referenced under the same section. Language here would reference the reader to Section 18.50.030 so all regulations pertaining to the new Backyard Small Animal Permit are provided for in the same section of the UDO.
2. Recommendation: Add a new streamlined review process to 18.50.030 Animals
Reason: This section of the UDO currently requires a Special Use Permit for the keeping of chickens on properties less than 3 acres. We recommend updating this section providing for a streamlined review and permit process for residential properties under 3 acres in size to keep chickens. This section would be updated to include a new permit called the “Backyard Small Animal Permit” to allow chickens to be kept with the following conditions:
1. A maximum number of chickens permitted would be identified
2. Roosters are not permitted
3. Requires chicken coops (including runs) to have at least 12 square feet per chicken.
4. Coops, animal runs, and rabbit hutches must be located at least 6 feet from the property line.
5. Permits are valid for a 5-year period.
6. Renewals are permitted for a nominal review fee of $15.00.
Updates to this section would address concerns we have heard and bring us current with needs of residents. To keep neighbors aware of the permit request and obtain their feedback, we would also require that a letter notifying neighbors within 200 feet be sent by the applicant.
This permit would also be available for other small animals kept in backyards such as rabbits.
At this time, we would like to discuss our recommendations with you to obtain feedback and direction. Our proposed schedule moving forward for completion of these updates is as follows:
• October 12, 2020 Planning Commission Public Hearing
• October 20, 2020 First Reading to City Council
• November 3, 2020 Second Reading to City Council
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Financial Impact:
None.
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Action Needed:
Discuss the proposed recommendations as part of our annual update. Direction provided by the City Council to assist staff in creating and completing draft language for future Planning Commission workshop and recommendation prior to returning for formal consideration.
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Attachment(s):
A. Existing UDO Section 18.30.270
B. Existing UDO Section 18.50.030