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that of the miniature goat's owner with the
<br />permission of a lawful occupant of that prop-
<br />erty" (§ 9.25.o84(H))•
<br />Cleveland has a slightly more complex
<br />ordinance in that it has different regulations
<br />for residential and nonresidential districts
<br />(§347•o2). It also employs a step system,
<br />allowing one animal per a certain number of
<br />square feet. In residential districts, it allows
<br />one hen, duck, rabbit, or similar animal
<br />per Boo square feet, and one beehive per
<br />2,40o square feet. The ordinance spells out
<br />that a standard residential lot in Cleveland
<br />is 4,80o square feet, so most households
<br />could keep up to six hens and two beehives.
<br />Setbacks for hens are five feet from the side -
<br />yard line and 18 inches from the rear -yard
<br />line. Setbacks for bees are five feet from
<br />the lot line and 10 feet from any dwelling on
<br />another parcel. Neither animal is allowed in
<br />the front or side yard. Cleveland only allows
<br />goats, pigs, sheep, or similar farm animals
<br />on lots that have at least 24,00o square feet
<br />(i.e., a little more than a half -acre). If a lot is
<br />that size or larger, two of these animals will
<br />be allowed, with an additional one for each
<br />additional 2,40o square feet. Enclosures for
<br />these animals must be set back 4o feet from
<br />the property line and at least 10o feet from
<br />the dwelling of another.
<br />In Cleveland, the nonresidential dis-
<br />tricts are less restrictive, with one chicken,
<br />duck, or rabbit per 40o square feet, one
<br />beehive perl,000 square feet, and one
<br />goat, pig, or sheep per 14,40o square feet.
<br />This can allow for more intensive operations
<br />in less populated areas —and also opens the
<br />area to urban farms.
<br />Hillsboro, Oregon, and El Cerrito,
<br />California, employ similar step systems.
<br />El Cerrito allows three hens as long as
<br />the property is at least 4,00o square feet
<br />(§7.o8.o2o). Hillsboro allows three hens
<br />as long as the property is 7,00o square
<br />feet (§6.2o.o7o). Both cities require at
<br />least 10,00o square feet to keep goats, but
<br />Hillsboro limits goats to two, and El Cerrito
<br />does not appear to limit them. El Cerrito,
<br />however, does require an administrative
<br />use permit to keep goats and allows for a
<br />conditional use permit to keep goats on a
<br />smaller parcel of land. El Cerrito requires
<br />a property of at least 5,00o square feet to
<br />keep one beehive. That beehive must be zo
<br />feet from an adjacent dwelling and 10 feet
<br />from the property line. Hillsboro allows up
<br />to three beehives on any size residential
<br />property with a setback of 10 feet from the
<br />property line.
<br />Vancouver, Washington, is an example
<br />of a less restrictive ordinance (§2o.895.o5o).
<br />It allows up to three goats, if they weigh less
<br />than 10o pounds, on any size property. It
<br />also allows chickens, ducks, geese, or rab-
<br />bits on any size lot with no numerical restric-
<br />tion. It does provide in the ordinance that
<br />the keeping of animals is subject to already
<br />existing nuisance requirements.
<br />Roosters and Bucks
<br />Most of these cities prohibit roosters and
<br />male goats (or bucks). Hillsboro prohib-
<br />its roosters and uncastrated male goats
<br />with no exceptions. Seattle also prohibits
<br />roosters and uncastrated males but has
<br />an exception for nursing offspring that are
<br />less than 12 weeks old. Denver does the
<br />same but only until they are six weeks old.
<br />El Cerrito prohibits roosters but does not
<br />say anything about the gender of the goats
<br />it allows. And Cleveland has a more compli-
<br />cated system, in that it will allow roosters,
<br />the license on those grounds (§2o5.04).
<br />The department also notifies neighbors
<br />about the license application and waits at
<br />least 21 days to hear back from them. The
<br />director can consider any evidence that the
<br />neighbors submit concerning nuisance,
<br />unsanitary, or unsafe conditions. To de-
<br />termine whether to grant the license, and
<br />any time after the license is granted, the
<br />department can inspect the property and
<br />enforce any penalties for violating sanita-
<br />tion or nuisance regulations.
<br />Ellensburg, Washington, has an inter-
<br />esting ordinancein that it requires a license
<br />for dogs and cats, but does not require a
<br />license to keep up to two beehives and
<br />four hens (§§5.30.26o & 5.30.31o). Seattle,
<br />likewise, requires a license for dogs, cats,
<br />pigs, and goats, but does not require one for
<br />chickens or bees (§9.25.o5o).
<br />After restricting livestock to prop-
<br />erty with three acres or more, Pittsburgh
<br />amended its ordinance to allow chickens
<br />Some cities require a permit or license...
<br />[which] are relatively straightforward and do
<br />not allow for much discretion on the part of the
<br />official who issues it.
<br />but only on property that is at least one
<br />acre in size with a too -foot setback from
<br />the property line for the coop. Cleveland,
<br />like El Cerrito, does not say anything about
<br />goat gender.
<br />Licensing
<br />Some cities require a permit or license. Most
<br />of these permits are relatively straightfor-
<br />ward and do not allow for much discretion
<br />on the part of the official who issues it. For
<br />instance, Denver requires a livestock or
<br />fowl permit to keep chickens or goats but
<br />requires no more than the provisions of
<br />the ordinance be met and a fee be paid to
<br />acquire the license. The city charges $too
<br />annually for a livestock permit and $5o an-
<br />nually for a fowl permit.
<br />Cleveland also requires a license.
<br />Its health department issues a two-year
<br />license to keep any type of livestock, in-
<br />cluding chickens and bees. In issuing the
<br />license the director of public health must
<br />consider evidence of "nuisance or condi-
<br />tions that are unsafe or unsanitary" and
<br />any "recorded violations" and may deny
<br />and bees in 2011(§912.07). It allows three
<br />hens and two beehives per zoo() square
<br />feet on occupied, residentially zoned lots.
<br />It allows one more bird and hive for each
<br />additional 1,00o square feet. However, it
<br />requires the home owner to seek a special
<br />exception to keep livestock as an acces-
<br />sory use (§922.o7). The special exception
<br />requires the zoning board of adjustment
<br />to hold a public hearing, to make findings
<br />of fact, and issue a written decision within
<br />45 days of the hearing. This allows it to
<br />reevaluate and reweigh all of the concerns
<br />with raising chickens and bees in the city,
<br />even though the city council had already
<br />made the legislative determination and
<br />established criteria for when and where it
<br />was legal to do so. This puts a substantial
<br />burden on each home owner to fully argue
<br />the case before each iteration of the board.
<br />It also uses up considerable city resources.
<br />COMMON AND LESS COMMON BEE
<br />PROVISIONS
<br />Some cities never made keeping bees il-
<br />legal, and do not regulate the practice.
<br />ZONINGPRACTICE 4.13
<br />AMERICAN PLANNING ASSOCIATION I page 6
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