Loading...
DIR2010-00003 A City of Tigard Director's Interpretation DATE: October 4, 2010 CODE CHAPTERS: 18.130 Use Classifications 18.510 Residential Zoning Districts TOPIC: May Chickens and Other Livestock Be Kept in Tigard? LOCATION: Citywide FILE #: DIR2010 -00003 I. INTRODUCTION The Community Development Department has received several inquiries about the keeping of chickens on residential properties within Tigard. Persons requesting information about keeping chickens have noted that several other jurisdictions allow this activity and believe Tigard should follow suit. II. RELEVANT CONDITIONS REQUIRING A DIRECTOR'S INTERPRETATION There is an increasing interest in keeping chickens on single - family residential property regardless of lot size. Some have noted that chickens and some types of livestock such as pygmy goats and potbelly pigs should be considered pets and allowed to be kept as such. On the other hand, the Community Development Department has received complaints and concerns regarding the keeping of chickens and livestock in close proximity to residential uses. Because of the interest in chickens and the potential compatibility issues raised by their presence in urban residential districts it is necessary to develop an interpretation regarding their keeping and also of livestock. III. ANALYSIS Table 18.510.1 of the Tigard Community Development Code provides that agricultural and horticultural uses are permitted within single - family residential districts (R -1, R -2, R -3.5, R -4.5 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov and R -7). However, footnote 6 to the table states that "When an agricultural use is adjacent to a residential use, no poultry or livestock other than normal household pets may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot." Section 18.130.020 E. Other use types, subsection (1) defines agricultural /horticultural uses as "Open areas devoted to the raising of fruits, vegetable, nuts, nursery stock, and /or flowers; may include on -site sales of products grown on the site. Excludes nurseries, which are classified under Outdoor Sales (see 18.130.020 C4.e.)." The definition does not include raising or keeping of poultry or other livestock. In regard to the assertion that poultry and certain kinds of livestock are pets, it is found these animals do not fit the definition of "normal' householdz pet which commonly is, "an animal kept for companionship and enjoyment or a household animal as opposed to wild animals, laboratory animals, livestock sport or working animals which are kept for economic or productive reasons." Past practice in Tigard, for the keeping of chickens and household pets, has been to abide by the criteria in footnote 6 associated with Table 18.510.1. This has served to avoid compatibility and nuisance related complaints. IV. INTERPRETATION The keeping of any number of chickens or any form of livestock in Tigard shall be subject to the Community Development Code criteria in footnote 6 of Table 18.510.1. Ronald B. Bunch, Community Development Director Definitions: Attachment 1 ' A. The American Heritage® Dictionary of the English Language; Fourth Edition copyright 02000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company and B. WordNet 3.0, Farlex clipart collection. ©2003 -2008 Princeton University, Farlex Inc. z The American Heritage Dictionary of the English Language, Fourth Edition copyright 02000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company All rights reserved. 3 A. WordNet 3.0, Farlex collection. 02003 -2008 Princeton University, Farlex Inc.; and B. Britannica Concise Encyclopedia. Copyright © 1994 -2008 Encyclopedia Britannica, Inc. 4 A. Collins English Dictionary —Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003; and B. Collins Thesaurus of the English Language — Complete and Unabridged 2 nd Edition, 2002 © HarperCollins Publishers 1995, 2002 DEFINITIONS ATTACHMENT 1 • Normal Adjective: Conforming with, adhering to, or constituting a norm, standard, pattern, level, or type; typical: normal room temperature; one's normal weight; normal diplomatic relations. Conforming with or constituting a norm or standard or level or type or social norm; not abnormal: "serve wine at normal room temperature "; "normal diplomatic relations "; "normal working hours "; "normal word order "; "normal curiosity "; "the normal course of events." • Household Noun: A domestic unit consisting of the members of a family who live together along with nonrelatives such as servants; b. the living spaces and possessions belonging to such a unit. Noun: A person or group of people occupying a single dwelling: the rise of nonfamily households. Adjective: Of, relating to, or used in a household: household appliances; Commonly known; familiar; has become a household name. • Pet Noun: 1. An animal kept for amusement or companionship Adj: 2. Kept as a pet; a pet cat. Noun: 1. A tame animal kept in a household for companionship, amusement, etc. Any animal kept by humans for companionsW or pleasure rather than for u t . The main distinction between pets and domesticated livestock is the degree of contact between owner and animal Another distinction is the owner's affection for the animal, which is often returned. • Livestock (Life Sciences & Allied Applications / Agriculture) (Functioning as singular orplura� cattle, horses, poultry, and similar animals kept for domestic use but not as pets, esp. on a farm or ranch. Noun: Farm animals, stock shee , cattle