ORD 11-681ORDINANCE NO. 11-681
AN ORDINANCE of the City of Federal Way, Washington, relating
to the keeping of chickens and ducks; amending FWRC 19.260.020
and FWRC 19.260.060; and adding a new section to FWRC Chapter
19.260. (Amending Ordinance No. 90-43)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter i9.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt new animal
regulations for residential areas which establishes development regulations for keeping chickens
and ducks within the City of Federal Way; and
WHEREAS, a citizen initiated request to ban roosters was submitted on December 8,
2008; and
WHEREAS, trends in local food production and sustainable practices has led to the
popularity of backyard chicken/ducks; and
WHEREAS, a cap on the number of chickens/ducks is appropriate for urban residential
areas; and
WHEREAS, the Planning Commission conducted a public workshop on these code
amendments on September 29, 2010; and
Ordinance No. 11-681 Page 1 of 6
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly
issued for the Proposal on October 13, 2010, and no comments or appeals were received and the
DNS was finalized on November 10, 2010; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on November 3, 2010; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on November 15, 2010, and recommended adoption of the
text amendments as recommended by the Planning Commission with further modifications as
follows: (1) roosters kept prior to the adoption of the ordinance shall be removed from the
property no later than June 30, 2011; (2) chicken coops shall be constructed per designs
approved by the Director Community Development Services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section l. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by providing greater access to local food sources and mitigating
the effects of rooster crowing.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
Orclinance No. 11-681 Page 2 of 6
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section l, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG 3— Preserve and protect Federal Way's single-family neighborhoods.
LUP11 — Support the continuation of a strong residential community.
LUP14 — Maintain and protect the character of existing and future single-family
neighborhoods through strict enforcement of the city's land use regulations.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare as it allows citizens access to relatively affordable organic food,
chemical-free pest control, and superior fertilizer/soil amendments.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because it provides greater access to local food sources and mitigates
noise impacts of roosters in single-family neighborhoods.
Section 3. Chapter 19.260 of the Federal Way Revised Code is hereby amended to add a
new section 19.260.055 to read as follows:
19.260.055 Chickens and ducks
Ordinance No. 11-681 Page 3 of 6
This section allows limited numbers of chickens and ducks for residential lots containin�
less than 35,000 square feet subject to the followin�regulations:
�) Number of animals permitted. Anv combination of 4 chickens and/or ducks mav be
kept on lots up to 34 999 square feet. Re�ulations associated with small domestic animals set
forth in FWRC 19.260.060 a�ply to lots 35,000 sc�uare feet and �reater.
(2) Pens structures and enclosures. A suitable �en structure or enclosure to house the
animals shall be provided per designs ap�roved bv the director and maintained in a clean
condition at all times. All pens structures and enclosures shall be set back a minimum of 10 feet
from side and rear property lines and are not permitted in the area between the primarv dwellin�
unit and the front property line.
(3�Roosters. Roosters are not permitted within the city except for those lots zoned
suburban estate. Roosters kept prior to the adoption of this section shall be removed from the
property no later than June 30, 2011.
(4) Modification. Modifications to the enclosure design standards mav be granted by the
director if one of the following criteria is met:
(a) The proposed modification will_produce a design equal or superior to that
which would result from adherence to the adopted standard; or
(b) Each of the following requirements is met:
(i) The proposed modification is needed to accommodate particular breeds
of chickens or ducks; and
�ii) The proposed modification results in an aesthetic appearance
e�c uivalent to the ado�ted standards.
Section 4. FWRC 19.260.020 is hereby amended to read as follows:
19.260.020 Types of animals.
Animals will be regulated according to the following categories:
(1) Household pets. The following animals will be regulated as household pets:
(a) Three dogs or less per dwelling unit.
(b) Three cats or less per dwelling unit.
(c) A total of four dogs and cats per dwelling unit.
(d) Four rabbits or less per dwelling unit.
(e) Gerbils.
( fl Guinea pigs.
(g) Hamsters.
(h) Mice.
(i) Caged birds.
(j) Nonvenomous reptiles and amphibians.
(k) Other animals normally associated with a dwelling unit, and which are generally
housed within the dwelling unit.
(2) Small domestic animals. The following animals will be regulated as small domestic
animals:
(a) More than three dogs per dwelling unit.
(b) More than three cats per dwelling unit.
(c) More than a total of four dogs and cats per dwelling unit.
(d) More than four rabbits per dwelling unit.
Ordinance No. I1-681 Page 4 of 6
(e) Fowl. Refer to FWRC 19.260.055 for chickens and ducks on lots less then 35,000
s�c uare feet and citvwide rooster limitations.
(3) Large domestic animals. The following animals will be regulated as large domestic
animals:
(a) Horses.
(b) Cattle.
(c) Sheep.
(d) Pigs.
(e) Goats.
( fl Other grazing or foraging animals.
(4) Bees.
Section 5. FWRC 19.260.060 is hereby amended to read as follows:
19.260.060 Small domestic animals.
Small domestic animals, as that term is defined in this chapter, may be kept on the subject
property subject to the following regulations:
(1) Minimum lot size. The subject property must be at least 35,000 square feet in area.
(2) Mcrximum number of animals. No more than 20 small domestic animals may be kept on a
lot containing 35,000 square feet of area. With the exc�tion of chickens and ducks,
9one additional small domestic animal is permitted for each additional 500 square feet of
lot area. In addition, offspring from one female are permitted at any time, until those
offspring are able to live independently.
(3) Pens, structures and enclosures. The applicant shall provide a suitable pen, structure or
enclosure to house the animals and must maintain this structure, pen or enclosure in a
clean condition at all times. Enclosures for chickens and ducks shall be provided per
desi a �proved b the director. Modification to desi standards mav be g�anted
pursuant to FWRC 19.260.055(4).All pens, structures and enclosures must be set back at
least 40 feet from each property line.
(4) Limitations under certain circumstances. The city may limit the number of animals
allowed to less than the maximum stated in this section if this is reasonably necessary to
protect nearby uses or the city considering :the following factors:
(a) The proximity of the animals to dwelling units both on and off the subject
property.
(b) The lot size and isolation of the subject property.
(c) The compatibility with surrounding uses.
(d) Potential noise, pollution and other impacts.
Section 6. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Ordinance No. 11-681 Page 5 of 6
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 9. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 4th day of January, 2011.
CITY OF FEDERAL WAY
� `
t
MAYOR, IP PRIEST
ATTEST:
CITY CLERK, CAR L MCN ILLY, CMC
APPROVED AS TO FORM: �
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
COUNCIL BILL NO.
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
11-30-2010
560
01-04-2011
01-08-2011
O1-13-2011
11-681
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