Ordinance No. 22-09 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 22-6 el
AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE (TITT F 18) AND
NUISANCE CODE (TITLE 6) OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING
URBAN LIVESTOCK REGULATIONS (DCA2022-00003).
WHEREAS, the City has initiated an application to amend the text of the Community Development
Code (Title 18) and Nuisance Code (Title 6.02), for the purpose of adopting urban livestock
regulations; and
WHEREAS, in 2018, the City adopted Ordinance 18-04 amending Tigard Municipal Code Chapter
6.02 to remove specific requirements on keeping livestock and poultry; and
WHEREAS, since 2018 the remainder of Tigard Municipal Code Chapter 6.02 has been used to
regulate offensive odors, unsanitary or offensive conditions, and excessive noise potentially cause by
livestock or poultry; and
WHEREAS, Tigard residents have expressed concern regarding a lack of clarity surrounding what
level of livestock activity is allowed; and
WHEREAS, the City Council recognizes reasonable urban livestock activity as a valuable part of the
Tigard community; and
WHEREAS,the City Council also recognizes that there are potential hazards and nuisances associated
with urban livestock activity; and
WHEREAS, the City Council desires to provide specific, clear, and enforceable regulations that allow
reasonable livestock activity while mitigating associated hazards and nuisances; and
WHEREAS,the purpose of the amendments is to implement changes to improve the code and honor
the input of Tigard's residents; and
WHEREAS, notice was provided to the Depaitinent of Land Conservation and Development and
Metro at least 35 days prior to the first evidentiary public hearing; and
WHEREAS, notice to the public was provided in accordance with the Tigard Community
Development Code; and
WHEREAS, the Tigard Planning Commission held a public hearing on October 17, 2022 and
recommended by unanimous vote that Council approve the proposed amendments; and
WHEREAS, the Tigard City Council held a public hearing on November 1, 2022 to consider the
proposed amendments; and
ORDINANCE No.22-
Page 1
WHEREAS, the Tigard City Council has considered the recommendation of the Planning
Commission; and
WHEREAS, the Tigard City Council has determined that the proposed amendments are consistent
with the applicable review criteria as demonstrated in the City's findings.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard City Council adopts the findings contained in "Exhibit A" to this
Ordinance. The findings and conclusions that are attached as Exhibit A are hereby
adopted as the basis in support of this Ordinance.
SECTION 2: The Tigard Community Development Code (Title 18) is amended as shown in
"Exhibit B".
SECTION 3: The Tigard Nuisance Code (Title 6) is amended as shown in"Exhibit C".
SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder
PASSED: By – y': Yi y vote of all council members present after being read by
number and title only,this /— day of fofke in4'-L 2022.
Carol A. Krager, City Recorder
APPROVED: By Tigard City Council this 154. day of 1 Y o V x'11 ii,e r 2022.
Jason Snider,`:, ayor
Approved as to form:
City Attorney
11/2/2022
Date
ORDINANCE No.22-041
Page 2
EXHIBIT A
PLANNING COMMISSION
RECOMMENDATION TO CITY COUNCIL a q
FOR THE CITY OF TIGARD, OREGON TIGARD
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: Urban Livestock Regulations
CASE NO: Development Code Amendment (DCA) DCA2022-00003
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
PROPOSAL: The proposal removes references to the Agriculture/Horticulture use category in the
Tigard Development Code and introduces new urban livestock regulations to the
Tigard Municipal Code. Proposed new regulations are intended to allow reasonable
livestock activity within city limits while mitigating potential associated nuisances and
hazards.
LOCATIONS: Citywide.
ZONES: Citywide.
APPLICABLE Oregon Statewide Planning Goals: 1 (Citizen Involvement) and 2 (Land Use
PROVISIONS: Planning)
Metro Urban Growth Management Functional Plan (Chapter 3.07) Title 8
(Compliance Procedures)
Tigard Comprehensive Plan Goals: 1 (Citizen Involvement) and 2 (Land Use Planning)
Tigard Community Development Code Chapters: 18.60 Use Categories, 18.110
Residential Zones, 18.120 Commercial Zones, 18.130 Industrial Zones, 18.140 Parks and
Recreation Zone, 18.710 Land Use Review Procedures, and 18.790 Text and Map
Amendments.
Urban Livestock Regulations PAGE 1 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
SECTION II. PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommends to the Tigard City Council APPROVAL of the proposed
Development Code Amendments and Tier 2 Municipal Code amendments (Attachments 1 and 2),with any
alterations as determined through the public hearing process, as complying with all applicable Development
Code Chapters,Comprehensive Plan policies,Statewide Planning Goals,and Metro policies.
SECTION III. BACKGROUND INFORMATION
Proposal Description:
The proposal removes references to the Agriculture/Horticulture use category in the Tigard Development
Code and introduces new regulations to the Tigard Municipal Code.The intent of the proposal is to remove
existing ambiguities within the Development Code and Municipal Code, allow for reasonable livestock
activity within Tigard, and mitigate potential nuisances and hazards associated with some urban farms.
Under existing regulations, the Agriculture/Horticulture use category applies primarily to commercial uses,
while smaller-scale and backyard livestock are regulated primarily by the nuisance code, which prohibits
general nuisances such as noise, debris, and environments attractive to vermin.
The proposal regulates commercial-scale agricultural activity as an industrial use in the Development Code,
while introducing new regulations specific to smaller-scale and backyard livestock activity to the Municipal
Code.
Project Background:
Before 2018, livestock in Tigard were regulated under Chapter 6.02.070 of the Municipal Code, with the
requirement that"no poultry or livestock, other than normal household pets,may be kept unless housed or
retained within a fenced run at least 100 feet from any nearby residence except a dwelling on the same lot".
However, on February 27, 2018, the City Council voted unanimously to remove this requirement from the
code and allow other sections of the nuisance code to govern public interest and safety surrounding livestock
activity,given the public feedback regarding the difficulty of the standard.The staff report and minutes from
that meeting indicate that Council had directed staff several years earlier to suspend enforcement of the 100-
foot buffer. At the 2018 hearing, staff also announced plans to begin a project that would build new
regulations through a full public process.Since that time,livestock activity has been regulated by the nuisance
code including,but not limited to, sections from Chapter 6.02.010 prohibiting:
• "Accumulations of debris, rubbish, manure, or other refuse that affect the health of surrounding
persons."—Chapter 6.02.010.B
• "Any animal, substance or condition on the premises that is in such a state or condition as to cause
an offensive odor detectable at a property line, or that is in an insanitary condition."—Chapter
6.02.010.E
• "Animals, including livestock...maintained...in such a manner that they are offensive or annoying
to the residents within the immediate vicinity,or maintaining the premises in such a manner as to be
a breeding place or likely breeding place for rodents, flies and other pests."—Chapter 6.02.010.H
Of the 1,441 code complaints received since 2017, there have been 6 complaints regarding livestock
(approximately .4 percent of complaints received). All six complaints have been resolved through the code
compliance process, wherein the Code Compliance Officer works with the violator to bring their property
into compliance and resolve the source of the complaint.
Urban livestock Regulations PAGE 2 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
On May 17, 2022, staff introduced the Tigard HOME (Housing, Opportunity, Mobility, and Ease) project
to the Planning Commission and City Council at a joint briefing. Urban agriculture and livestock regulations
were included as a part of the project scope. However, due to the mounting public comment received on
the subject this year, including concerns regarding vermin and improper storage of materials, the
Commission and Council deemed urban agriculture and livestock regulations a priority.Therefore, staff was
directed to fast track the urban agriculture and livestock component of the project and work with the
community to develop a solution.
Public Involvement
Since project commencement in June, the community has been very closely involved in helping staff write
regulations to govern livestock in Tigard. While at the start of this project there appeared to be a strong
demand for more intensive regulations, many community members have since gathered to express a
groundswell of support for no change to the current regulations. Community members representing all sides
of the issue have continued to write in,make phone calls, and attend events to make their voices heard.
With an interested parties list of 167 individuals, email and mail correspondence with about 55 individuals,
phone calls, other written comments, and event attendance, the level of public involvement in this project
has been significant (Attachments 5-6). This engagement has been shared with the Planning Commission
and City Council in previous briefings (Attachment 5) but is summarized again here.
Fourteen community members attended an open house on June 29, where attendees viewed examples of
code from other Cities and shared their thoughts on how regulations in Tigard should be approached. Most
of the examples from other Cities limited livestock to two to six animals, based on lot size. Most attendees
agreed with this approach, seeking reasonable regulations.
Following the first open house, staff worked on developing draft regulations that reflected input from the
community while also integrating knowledge gained from research and interviews with experts. The
approach allowed a basic number of small livestock by right,while allowing a path forward for experienced
livestock owners to exceed this number. Regulations also included standards for minimum and maximum
shelter sizes,ground cover requirements, feed storage, and licensing.
Staff sent a copy of draft regulations to the community on September 13 and held an open house on
September 20, by which point news of the project had spread. Twenty-two people attended the September
20 Open House. Most attendees found the draft regulations too strict and stated that the existing nuisance
code adequately addresses most concerns. Alongside comments received at the event, staff also received an
influx of emailed comments urging the City not to adopt more stringent regulations and stating that existing
regulations adequately address any concerns.
Draft Regulations
At a public hearing to the Planning Commission on October 17,20222, staff presented three options to the
Planning Commission for consideration,including a pared back version of the draft regulations that focuses
exclusively on clear and objective standards—such as requiring all feed to be stored in lidded containers—
that would directly mitigate nuisances and hazards, rather than regulating the many nuanced details of
livestock keeping. Staff presented these options to the Planning Commission as three tiers—a minimalist,
moderate, and prescriptive approach. The Planning Commission recommends adoption of Tier 2
(moderate) regulations, as summarized below.
Approval of Tier 2 means:
• Continuing to enforce existing nuisance code regulations,including prohibiting the following:
Urban Livestock Regulations PAGE 3 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
o Accumulations of debris, rubbish, manure, or other refuse that affect the health of
surrounding persons.
o Any animal, substance or condition on the premises that is in such a state or condition as to
cause an offensive odor detectable at a property line, or that is in an insanitary condition.
o Animals, including livestock, or buildings for the purpose of maintaining livestock or
animals, maintained in such places or in such a manner that they are offensive or annoying
to the residents within the immediate vicinity,or maintaining the premises in such a manner
as to be a breeding place or likely breeding place for rodents, flies and other pests.
• In addition to the above, enhancing the existing nuisance code to provide additional clear and
objective standards specific to livestock.
o Structure requirements
• Must be located a minimum 5 feet from all property lines.
• Flyaway barriers required for beehives within 10 feet of a property line.
• Must not cause a lot to exceed maximum lot coverage.
• Livestock must be within an enclosed shelter during non-daylight hours.
o Required storage of materials:All feed must be stored in securely lidded containers.
o Response to complaints: Respond to bee swarming incidents within 36 hours and remediate
other valid complaints in a timely manner.
o Response to livestock illness: Contact a licensed veterinarian to examine any animal believed
to have a disease contagious to animals (e.g., mange, eczema) or humans (e.g., ringworm,
hepatitis,rabies). If an animal is affirmatively diagnosed,livestock keepers must comply with
all veterinary instructions for care and confinement until the animal is declared free of
disease.
• Providing educational resources outside of the code to assist community members in understanding
expectations.
Development Code
In addition to the Municipal Code regulations introduced above, the proposal includes the following
amendments to the Development Code. These amendments would remain the same regardless of which
Tier is adopted for Municipal Code regulations.
This project removes all references to the Agriculture/Horticulture use category from the Development
Code. Agriculture will be treated as an accessory or industrial use, depending on the nature of the activity,
while keeping livestock on a casual smaller or family scale will be regulated by the Municipal Code.
18.00 Introduction
18.60 Use Categories
Remove Agriculture/Horticulture from use categories. Treat as an industrial use or under the municipal
code, depending on the nature of the activity.
18.100 Base Zones
18.110 Residential Zones
Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and
livestock.
18.120 Commercial Zones
Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and
livestock.
18.130 Industrial Zones
Urban Livestock Regulations PAGE 4 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and
livestock.
18.140 Parks and Recreation Zone
Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and
livestock.
18.410 Off-Street Parking and Loading
18.410.090 On-Street Parking Credit
Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and
livestock.
18.660 Tigard Triangle Plan District
18.660.060 Land Use Standards
Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and
livestock.
18.760 Home Occupations
18.760.020
Remove all references to the Agriculture/Horticulture use category.
SECTION IV. APPLICABLE PROVISIONS, FINDINGS, AND CONCLUSIONS
This section contains all applicable city, regional, and state provisions that apply to the proposed
Comprehensive Plan Amendment and Development Code Amendment, and findings detailing how each
provision is met.
TIGARD COMMUNITY DEVELOPMENT CODE (TCDC)
Title 18 of the Tigard Municipal Code
Chapter 18.710.110 (Legislative Procedure) and Chapter 18.790 (Text and Map Amendments)
18.790.020.A Approval process. A legislative amendment application is processed through a
18.710.110.A Legislative procedure, as provided in Section 18.710.110.
FINDING: The proposed Development Code Amendment (DCA) is being
processed through a legislative procedure, as provided in TCDC Section
18.710.110, using the approval criteria outlined in TCDC Section 18.790.020.
Additionally, TCDC Section 18.710.110 requires two public hearings: one before
Planning Commission(scheduled for October 17,2022),and one before City Council
(scheduled for November 1, 2022). Following a recommendation from Planning
Commission, City Council will make a decision on this application. These
requirements have been or will be met.
18.790.020.B Approval considerations. A recommendation or a decision for a legislative
amendment application may be based on consideration of the applicable legal
requirements. They may, but do not necessarily include: Oregon Revised Statutes,
Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's
Urban Growth Management Functional Plan and any other regional plans.
Urban Livestock Regulations PAGE 5 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
FINDING: The following city,regional,and state provisions apply to the proposed
DCA: Tigard Community Development Code Chapters 18.60, 18.710, and 18.790;
Tigard Comprehensive Plan Goals 1 and 2; Statewide Planning Goals 1 and 2;
Metro's Urban Growth Management Functional Plan Title 8. As detailed in the
findings below, the applicable city, regional, and state provisions are met for this
proposal.
Chapter 18.60 Use Categories
18.60 This chapter classifies land uses and activities into use categories on the basis of
common functional,product,or physical characteristics. Characteristics include the
type and amount of activity, the type of customers or residents, how goods or
services are sold or delivered, and certain site factors.The use categories provide a
systematic basis for assignment of present and future uses to zones. The decision
to allow or prohibit the use categories in the various base zones is based on the
goals and policies of the comprehensive plan
FINDING: The DCA proposal removes the Agriculture/Horticulture use
category and allows commercial-scale agricultural activity to be considered as an
accessory or industrial use,depending on the nature and context.This amendment
allows for a more systematic, clear, and objective application of standards to
agricultural and livestock activity within Tigard.
CONCLUSION: The applicable provisions of the Tigard Community
Development Code are met.
TIGARD COMPREHENSIVE PLAN
Goal 1: Community Involvement
Goal 1.1 Provide community members, affected agencies, and other jurisdictions the
opportunity to participate in all phases of the planning process.
FINDING: City staff followed the legislative notice requirements in TCDC
Section 18.710.110, including the required 35-day notices to DLCD, ODOT, and
Metro. As a courtesy,Notice of Public Hearing for the October 17,2022 Planning
Commission Hearing was mailed to individuals on the citywide interested parties
list and emailed to individuals on the project-specific interested parties list on
September 28, 2022. Notice was also published in the Tigard Times on September
29, 2022. Notice of Public Hearing was also posted on the city's website and on
City boards, and the two public hearings scheduled before Planning Commission
and City Council provide another opportunity for the public to provide input.
Extensive community engagement was also conducted throughout the urban
livestock regulations project. The proposal is consistent with this policy.
The project's community engagement strategy included:
• An interested parties list composed of 167 individuals.
Urban Livestock Regulations PAGE 6 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
• Two open house events:
o June 29,2022: attended by 14 people
o September 20, 2022: attended by 22 people
• Presence at the Tigard Street Fair on September 10, 2022, where staff
received 13 written comments and provided information for community
members to sign up for the September 20 open house.
• Emailed correspondence with approximately 54 individuals.
• Phone calls, site visits, and other written correspondence.
Goal 1.2 Ensure all citizens have access to:
A. Opportunities to communicate directly to the City; and
B. Information on issues in an understandable form
FINDING: City staff maintained steady email communication with an extensive
and consistently evolving interested parties list. Email correspondence led to
follow-up phone conversations, site visits, and alterations to draft regulations.
Community members were also given opportunity to connect in a variety of other
formats. Information about the project and how to participate was provided
through social media campaigns, citywide newsletters, and community events.
Community members were invited to share feedback via email, phone, mail, in-
person conversations, in-person written comments, and interactive informational
sessions. The proposal is consistent with this policy.
Goal 2: Land Use Planning
Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action
plans as the legislative foundation of Tigard's land use planning program.
Policy 1 The City's land use program shall establish clear policy direction, comply with
state and regional requirements, and serve its citizens' own interests.
FINDING: The DCA proposal provides the City with more clear and objective
regulations that serve the interests of community members interested in
maintaining healthy urban livestock while mitigating potential associated nuisances.
The proposal serves citizens'interests and is consistent with this policy.
Policy 2 The City's land use regulations, related plans, and implementing actions shall be
consistent with and implement its Comprehensive Plan.
FINDING:The proposed amendments allow the City's regulations to align more
closely with community member interests, which allows the City to be more
consistent with the Comprehensive Plan policy of serving citizen interests' and
allowing a mixture of land use activity appropriate to Tigard. The proposal is
Policy 3 consistent with this policy.
The City shall coordinate the adoption,amendment,and implementation of its land
use program with other potentially affected jurisdictions and agencies.
Urban Livestock Regulations PAGE 7 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
FINDING: The City requested comments on the proposed amendments from
potentially affected jurisdictions and agencies 35 days in advance of the Planning
Commission Hearing. As of the date of this staff report, staff has received no
comments in response. The proposal is consistent with this policy.
Policy 11 The City shall adopt regulations and standards to protect public safety and welfare
from hazardous conditions related to land use activities.
FINDING: The City initiated this project in response to community members'
concern regarding the potential hazardous conditions associated with some urban
agriculture and livestock activity. Proposed regulations incorporate community
member feedback, interviews with livestock experts, and research to allow
reasonable livestock activity while mitigating potential associated nuisances and
hazards.The proposal is consistent with this policy.
CONCLUSION: The applicable provisions of the Tigard Comprehensive Plan
are met.
METRO URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN
Title 8 The purpose of Title 8 is to establish a process for ensuring city or county
Compliance compliance with requirements of the Urban Growth Management Functional Plan
Procedures and for evaluating and informing the region about the effectiveness of those
requirements.
FINDING: This title has been met by complying with the Tigard Development
Code notice requirements set forth in Section 18.710.121 (Legislative Procedure),
as detailed earlier in this report. The proposal is consistent with this Title.
CONCLUSION: The applicable provisions of the Metro Urban Growth
Management Function Plan are met.
OREGON STATEWIDE PLANNING GOALS
Goal 1 Public Involvement
FINDING: Goal 1 requires the City to provide opportunities for the public to
participate in all phases of land use decision making. In this case, the City's Goal
1 obligations are satisfied by compliance with the procedural requirements for a
Legislative Amendment in TCDC Section 18.710.110 and by the extensive
community engagement that are detailed earlier in this report in response to the
City's community involvement goal.The proposal is consistent with this goal.
Goal 2 Land Use Planning
FINDING: Goal 2 requires local governments to adopt a comprehensive plan and
implementing ordinances that are consistent with its plan. The DCA proposal
Urban Livestock Regulations PAGE 8 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
updates the Tigard Development Code and Municipal Code for more consistency
with the Comprehensive Plan, as detailed earlier in this report.
Goal 2 also requires an "adequate factual base" for legislative decisions. The DCA
proposal was developed through intensive community engagement regarding
existing livestock activity within the city, interviews and site visits with livestock
experts, and research into existing ordinances regarding urban livestock.
Finally,Goal 2 requires coordination between local governments and state agencies.
The City's Goal 2 obligations in this regard were satisfied through notices to
affected local, regional, and state governmental entities. The proposal is consistent
with this goal.
CONCLUSION: The applicable provisions of the Oregon Statewide Planning
Goals are met.
SECTION V. CITY STAFF AND AGENCY COMMENTS
The following agencies, departments, and jurisdictions had an opportunity to review the proposed
Development Code Amendment:
• City of Tigard Public Works
• City of Tigard Finance
• City of Tigard Police
• City of Beaverton
• City of Durham
• City of King City
• City of Lake Oswego
• City of Portland
• City of Tualatin
• Metro
• Oregon Department of Land Conservation and Development (DLCD)
• Oregon Department of Transportation (ODOT)
• Oregon Department of Environmental Quality
• Oregon Department of Fish and Wildlife
• Oregon Department of Geology and Mineral Industries
• Washington County Department of Land Use and Transportation
• Clean Water Services
• NW Natural
• Portland & Western Railroad
• Tigard Water District
• Tualatin Hills Parks and Recreation District
• Tualatin Valley Fire and Rescue
• Tualatin Valley Water District
• Tri-Met Transit Development
Urban Livestock Regulations PAGE 9 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
• Tualatin Riverkeepers
• Tualatin Water and Soil Conservation District
• Oregon Department of Agriculture
• Portland Community College
The City of King City responded by mail with no objections,the City of Beaverton responded via phone
with general questions,Tualatin Riverkeepers responded via email with suggestions for including a buffer
between livestock and streams (the suggestion has since been incorporated into both Tier 2 and Tier 3
regulations), and Tualatin Water and Soil Conservation responded via email with a statement of general
support.As of the writing of this report, no other agency comments have been received.
SECTION VI. PUBLIC COMMENTS
City staff followed the legislative notice requirements in CDC Section 18.710.110. Notice of the proposed
Development Code Amendment was sent to individuals on the citywide interested parties list. Notice was
also published in the Tigard Times and on the city's website. Additional public outreach was conducted as
part of the project.Further details are provided earlier in this report in the findings for Tigard Comprehensive
Plan Goal 1 (Community Involvement).
On October 17, 2022, the Tigard Planning Commission held a public hearing on this case. Nine members
of the public provided testimony, representing a range of opinions on the proposed regulations.
Commentary was generally evenly split between residents who desired more intensive regulations and those
who desired no new regulations but recognized Tier 2 as a viable option. Among those who desired more
intensive regulations, the primary concerns were rats, odor, and noise. While the Planning Commission
recognizes the complexity and seriousness of these issues,Tier 2 regulations appear to be the cleanest option
for addressing these types of concerns. Along with existing nuisance code regulations that limit noise and
odor, Tier 2 provides additional clear standards that require proper feed storage, animal care and hygiene,
and maximum structure sizes, therefore minimizing the likelihood of attracting vermin and limiting other
livestock-specific impacts. Some callers also expressed concern regarding a requirement that beehives be
located at least five feet from any property line. Because other requirements in the Tier 2 regulations ensure
that any hive within 10 feet of a property line must have a flyaway barrier that restricts bees' flight onto
adjacent properties, the Planning Commission found the 5-foot setback unnecessary. The Planning
Commission voted unanimously to recommend Tier 2 regulations to Council with three amendments.
SECTION VII. CONCLUSION
The proposed Development Code Amendment meets all applicable provisions of the Tigard Community
Development Code,Tigard Comprehensive Plan,Metro Urban Growth Management Functional Plan, and
Oregon Statewide Planning Goals.Therefore,staff recommends that the Planning Commission recommend
approval of the proposed Development Code Amendment and Tier 2 Municipal Code amendments to the
Tigard City Council as provided by the public hearing process.
Urban livestock Regulations PAGE 10 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
October 17,2022
PREPARED BY: Hope Pollard DATE
Associate Planner
1tV Mite
October 17, 2022
APPROVED BY: Tom McGuire DATE
Assistant Community Development Director
October 18,2022
APPROVED BY: Yi-Kang Hu DATE
Planning Commission President
Urban Livestock Regulations PAGE 11 OF 11
DCA2022-00003 Planning Commission Recommendation and Findings
EXHIBIT B
OMNIBUS AMENDMENTS
CHAPTER 18.60
USE CATEGORIES
18.60.060 Commercial Use Categories
B. Animal-Related Commercial.
1. Characteristics: Animal-Related Commercial uses are those engaged in breeding or boarding of
normal household pets. Limited animal sales may or may not be part of the use.
2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space.
3. Examples: Examples include animal breeders, kennels, and overnight boarding facilities.
4. Exceptions:
a. Facilities where the primary activity is animal sales are classified as Sales-Oriented Retail.
b. Does not include animal grooming, which is classified as Personal Services or Repair-Oriented Retail.
c. Does not include veterinary clinics, which are classified as Office.
d. Does not apply to poultry or livestock, which arc classified as Agriculture/Horticulture.
d. Overnight boarding facilities for household pets when these facilities and all their activities, with
the exception of parking, are completely enclosed within a building, are classified as Personal Services.
18.60.080 Other Use Categories
A. Agriculture/Horticulture.
1. Characteristics: Agricultural/Horticultural uses arc open ares devoted to the raising,production, or
2. Accessory uses: Accessory uses include dwelling units for proprietors and animal training.
farming, and truck gardening.
41. Exceptions:
a. Does not include nurseries,which are classified as Outdoor Sales.
b. Does not include uses involving common household pets, which are classified as Animal Related
Commercial.
CHAPTER 18.110
RESIDENTIAL ZONES
18.110.030 Land Use Standards
1
ATTACHMENT 1
Table 18.110.2
Use Table
Use Cate ories R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40
{7} Where adjacent to a residential use,poultry or livestock must be housed a minimum of 100 feet from
CHAPTER 18.120
COMMERCIAL ZONES
18.120.030 Land Use Standards
Table 18.120.1
Commercial Zone Use Standards
MU- MUE MUR
C-N C-C CB MU MUC MU
Use Categories C-G C-P D E -1 C 1 and 1 and
[1] (1] 2 2
[2]
Other Use
Categories
Agriculture/Horticult PPP PP g P P P
twe
CHAPTER 18.130
INDUSTRIAL ZONES
18.130.030 Land Use Standards
Other Use Categories I-P I-L I-H
2
ATTACHMENT 1
Agriculture/Horticulture [12} A A A
any dwelling unit, except a dwelling unit on the same lot.
CHAPTER 18.140
PARKS AND RECREATION ZONE
18.140.040 Land Use Standards
Use Category
Agriculture/Horticulture A/C [2]
CHAPTER 18.410
OFF-STREET PARKING AND LOADING
18.410.090 On-Street Parking Credit
Vehicle Vehicle
Vehicle Bicycle
Use Category Minimum [1] Maximum Maximum Minimum
(Zone A) [1] (Zone B) [1]
2.5/1,000 sales
Agriculture/Horticulture area but no less Nene None Nene
than'I
CHAPTER 18.660
TIGARD TRIANGLE PLAN DISTRICT
Use Category
Agriculture/Horticulture
CHAPTER 18.760
HOME OCCUPATIONS
B. Exemptions. The following activities and uses are exempt from the provisions of this chapter:
1. Garage sales;
2. For-profit production of produce or other food products grown on the premises that meet
-- - ' - --' - - ---- - - - ' ' - ':- Usc Cat g ric
a.
This may include temporary or seasonal sale of produce or other food products;
3
ATTACHMENT 1
EXHIBIT C
Chapter 6.02 Article VII
KEEPING LIVESTOCK
6.02.610 Definitions
A. "Bee" — a honey-producing insect of the species Apis mellifera commonly known as
honeybee.
B. "Hive"—a moveable structure for housing a collection of bees with a single queen.
C. "Livestock facility" — structure(s) and land for keeping livestock, excluding bees, that
includes both of the following elements:
."Shelter" —a roofed structure, such as a coop, hutch, animal carrier, or cage, that
protects livestock from the elements and predators.
2."Run or yard" — a fenced area that gives livestock access to the outdoors and
prevents their escape.
D. "Livestock keeper" — any person who harbors, cares for, or exercises control over
livestock.
E. "Livestock" — honeybees and animals that are typically kept outside; may produce milk,
meat, wool, honey, or eggs; and may be kept humanely in urban backyards. Livestock
does not include common household pets or exotic animals.
6.02.620 General Provisions
Livestock keepers must comply with all provisions of this Title and any administrative rules for best
practices determined applicable by the city. Failure to comply is declared to be a public nuisance in
violation of this Title.
6.02.630 Keeping Livestock
A. Complaints. Livestock keepers must respond to and remediate valid complaints in a timely
manner. Valid complaints include, but are not limited to, the identifiable presence of vermin or
noxious odors.
B. Prohibited animals. Roosters over three months old are prohibited.
C. Bees.
1. Hive care and maintenance. Beekeepers must:
a. Respond to bee swarming incidents within 36 hours.
b. Keep hives in good repair and provide adequate space to prevent overcrowding
and swarming.
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Tier 2 Urban Livestock Regulations Chapter 6.02 Article VII
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c. Provide bees with a clean and accessible source of water on the lot where the
hive is located from March through October.
2. Hive locations.
a. Livestock keepers with hives located within 10 feet of a lot line or public access
easement must provide a flyaway barrier that meets the following requirements:
i. Measures at least 6 feet in height;
ii. Consists of a solid wall, fence, dense vegetation, or combination thereof;
and
iii. Extends 10 feet in length beyond the hive in each direction, as shown in
Figure 6.02.1.
Figure 6.02.1: Flyaway Barrier Examples
IiiiIji$iiIIJJ !!l4'Tistr¢Gon
-10'MIN not to scale
PROPERTY. .
LINE \
yVIT
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+ r
6'MIN * • .... 6, 6'MIN
1 I Zr,
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10*MIN HI'MIN
HIVE 'rllust,otion
not to scale
D. Other Livestock.
1. Livestock Care and Maintenance
a. Livestock keepers must contact a licensed veterinarian to examine any animal
believed to have a disease contagious to animals (e.g., mange, eczema) or
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Tier 2 Urban Livestock Regulations Chapter 6.02 Article VII
ATTACHMENT 2
humans (e.g., ringworm, hepatitis, rabies). If an animal is affirmatively
diagnosed, livestock keepers must comply with all veterinary instructions for
care and confinement until the animal is declared free of disease.
b. Animal feed must be stored in a lidded container and managed so as not to
become a nuisance.
c. No person may dye or color any fowl or rabbit under three months of age.
2. Livestock Facilities. Livestock must be kept within a livestock facility as defined in
Section 6.02.010 and shown in Figure 6.02.2, and provided in Table 6.02.2.
a. Livestock facilities must be kept in good repair and maintained in a manner that
does not endanger the health or well-being of the livestock.
b. Multiple species are allowed within a single facility.
c. Runs or yards must be fenced with materials designed to safely contain the
specific livestock being kept.
d. Livestock must be kept within a shelter during non-daylight hours,as provided in
Table 6.02.3.
e. Shelters must be located a minimum of 5 feet away from all lot lines and public
access easements and within a fenced run or yard.
f. An individual shelter may be a maximum of 15 feet in height and 528 square feet
in size. Multiple shelters may be provided.
g. Shelters may or may not be permanently fixed to the ground.
h. Shelters that are permanently fixed to the ground may not cause the lot to exceed
the maximum lot coverage allowed in the base zone.
Figure 6.02.2: Example of an Allowed Livestock Facility
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Tier 2 Urban Livestock Regulations Chapter 6.02 Article VII
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-4qq%h .
4%4 "I Ikklot .
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allf
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PROPERTY
LINE
Table 6.02.3: Where Livestock are Allowed
Location
Time of Day Livestock Facility Fenced Yard
(outside offenced
Shelter Fenced Run run)
Daylight hours Allowed Allowed Allowed
Non-daylight hours Required Prohibited Prohibited
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Tier 2 Urban Livestock Regulations Chapter 6.02 Article VII
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