FW: PAS Inquiry Response - Denver Area Urban Chicken and Beekeeping

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1 Penland, Grant From: Sent: To: Subject: Penland, Grant Monday, July 14, :36 PM Penland, Grant FW: PAS Inquiry Response - Denver Area Urban Chicken and Beekeeping From: Ann Dillemuth [mailto:ad@planning.org] Sent: Thursday, May 01, :31 PM To: German, Dave Subject: PAS Inquiry Response Denver Area Urban Chicken and Beekeeping Dave, Regarding your request for information on how communities in the Denver Metro Area are regulating bees and urban chickens: For the past several years, cities around the country have been adopting ordinances permitting the keeping of urban chickens at the urging of residents who cite local healthy food production, humane treatment of animals, economy, sustainability, and personal enrichment as a few of the many benefits of raising chickens on their properties. These ordinances may either be located in the zoning title or in the animal control title of local codes, and there are some basic provisions common to most of these ordinances: limits on the number of chickens permitted, prohibitions on roosters and slaughtering, setbacks from property lines and neighboring structures, and requirements for safe enclosures and proper sanitation. Communities vary in how many hens are allowed, minimum allowable lot size, whether hens are permitted only on single-family parcels or if they may be kept on multi-family parcels as well, and other minor elements. In addition, a number of communities have incorporated standards for beekeeping into their local health, animal control, or land development codes in order to sanction beekeeping and to ensure that domesticated bees don t become nuisances. Local beekeeping standards typically restrict the number and location of hives based on the size of the lot or the zoning district where the bees are being kept. Many codes specify a minimum distance between hives and adjacent buildings or property lines, and some require beekeepers to obtain a permit. Some codes also require a "flyway barrier" (typically five to six feet high) to prevent bees from flying on to other properties. Another relatively common provision is a requirement that hives have access to clean water on-site to minimize the risk of bees flocking to other freestanding water (such as neighboring swimming pools or bird feeders). Typically, a permit or hive registration is required, and communities reserve the right to inspect hives if needed. Below I've provided some general background resources on urban beekeeping and chicken-keeping that might be of interest, as well as links to sample ordinances from communities in the Denver metro area. Here I've summarized the relevant code provisions on this topic for the communities you specified. Arvada: Arvada passed an ordinance addressing both beekeeping and chickens (as well as turkeys) in August According to the Animals title of the code, chicken and turkey keeping requires compliance with Land Development Code provisions, and in districts other than A-1 or R-CE, chicken/turkey keeping is limited to either 5 female chickens, 2 female turkeys, or a total of no more than 3 female chickens and 2 female turkeys; male chickens and turkeys are prohibited. The title also establishes a setback of 35' for chicken/turkey housing from dwellings other than that of the owner, but chicken/turkey housing that has been occupied for more than 6 months is excepted from the provision. The LDC addresses the keeping of animals as an accessory use to residential uses, but does not provide additional standards for chickenkeeping. 1

2 Regarding bees, a section on Bees in the Environment title of the code includes a legislative declaration of purpose which states beekeeping is consistent with encouraging small-scale agriculture and beneficial to society as long as the bees are properly located and maintained (see citation below). It provides definitions and standards for beekeeping addressing hive boxes, colony density, setbacks, junk, and observation hives. Allowed colony density is based on size of tract, ranging from 2 colonies on ¼ acre or less to 8 colonies on more than 1 acre. Swarms or hives not complying with standards or those constituting nuisances may be removed or destroyed by city manager. Aurora: Aurora does not appear to allow urban chickens at this time. A section of the Building and Zoning code prohibits livestock and poultry within the city except as permitted in agricultural and R-A districts, and the code allows one head of livestock per quarter-acre of land in any R-A district. Regarding bees, Aurora passed a beekeeping ordinance back in It provides definitions; requires inspectable type hives with removable combs; sets setbacks of 5' from property lines and requires the back of the hive to face the nearest property line; requires a 6' flyway wall/solid fence extending 10' beyond hive in both directions where colonies are located within 25' of a property line; requires maintained water source and general apiary maintenance; and requires queens and colonies to be gentle and nonswarming. It sets colony densities based on the size of the lot ranging from 2 colonies on tracts of ¼ acre or less to 8 colonies on 1 acre or more, and allows for unlimited numbers as long as all colonies are 200' from property lines. The city may remove or destroy swarms or colonies not in approved hives. Boulder: I did not see any references to beekeeping or urban chickens in the City of Boulder's codes. However, I did come across a posting on sharing an from the Boulder Records department suggesting that because chickens are not specifically prohibited by the land use code, they are permitted by default, with general animal care regulations applying, and referencing the County's land use code standards for "animal units" permitted per acre or lot. Boulder County does include accessory beekeeping and chicken keeping in ag/forestry, residential, industrial, and institutional districts in its code; in suburban residential districts, residents may keep up to 2 bee colonies and 8 hens per lot. Broomfield: Broomfield's Animals title prohibits livestock or fowl within the residential and urbanized areas of the city, with the exception of chickens, which are allowed in single-family residential areas subject to standards, including a limit of 5 hens per lot, enclosure of hens within coop, prohibition on chickens being kept in the front yard, prohibition on slaughtering. A license and one-time $25 permit fee is required, and coops less than 6' in height or less than 32 SF do not require a building permit. Regarding bees, Broomfield's code contains a provision prohibiting beekeeping in the city, but beekeeping does appear to be permitted in the Rural Residential district, where residents may keep up to 5 colonies of bees per acre by right, as well as up to 30 hens and/or roosters per acre. Denver: The Animal title of the Denver municipal code allows the keeping of certain livestock or fowl with an annual livestock/fowl permit. In addition, up to 8 ducks and/or chickens and up to 2 dwarf goats may be kept in compliance with standards with a restricted livestock or fowl license, nontransferable between people and properties and valid indefinitely. Standards prohibit male animals, require at least 16 SF of permeable land area for each duck or chicken as well as enclosed shelter space; animals must have adequate fencing and shelter to protect against weather and predators. The zoning code also addresses chickens as well as beekeeping in its section on residential accessory uses, allowing animal keeping subject to standards in all zone districts as accessory to a primary dwelling unit use. For domestic honey bees, 2 hives per lot are allowed, with hives restricted to the rear third of the lot with a 5' setback from side and rear zone lot lines, with screening to provide a 6' barrier to bees leaving the property and outdoor storage of bee paraphernalia prohibited. For chickens and ducks, up to 8 are permitted per lot, with coops setback at least 15' from dwelling units on abutting lots or on the same lot not occupied by the animal keeper; chickens/ducks must be kept in the rear 50% of the lot, and slaughtering them is prohibited. Federal Heights: Federal Heights does not seem to have addressed these topics. I found an old provision in its Animals chapter that prohibited the keeping of livestock, including chickens, except if 2

3 permitted in certain zoning districts by prior approval, but I did not see any references to bees, chickens, or livestock in the zoning code. Longmont: Longmont's Animals title, last updated in 2011, allows the keeping of backyard chicken hens in the city other than in agricultural districts subject to standards. Up to 4 hens are permitted (roosters are specifically prohibited); hens are restricted to the rear or backyard of the lot or use, and must be kept in a pen, though they may be allowed to free-range with written permission from all abutting property owners. Animals that attack or kill a chicken that has left its property are not to be considered or charged as "aggressive animals." The code sets standards for feed storage as well as hen coop construction and size along with setbacks of 6' from structures and property lines. A city permit is required, with limit one per household, with a $30 fee. Regarding bees, their only mention in the code is the defining of more than 4 stands at any one place as a nuisance. Northglenn: The Northglenn zoning ordinance prohibits the keeping of chickens in all residential zones of the city. Bees are not mentioned in the ordinance. Thornton: In Thornton, the animal code includes a prohibition on keeping animals within the city in residential zone districts with certain exceptions, but in the residential estate district, up to a combined total of 10 rabbits, ducks, and/or chickens may be kept per lot as long as the animals are fenced and manure is disposed of. Regarding bees, a 2012 ordinance establishes a section on Bees in the Animals title of the code. Bees may be kept in the city with a beekeeping permit in the agricultural, residential estate, single-family detached, and Eastlake residential districts; lots in other districts with single-family detached dwelling units; and nonresidential districts in conjunction with a community garden. Permitted colony density ranges from 2 hives per ¼ acre or less to 8 hives per 1 acre or larger, though there is no limit as long as hives are at least 200' from all property lines, and 1 nucleus colony is permitted for each 2 colonies for swarm management. The code establishes 5' setbacks from property lines, with hives restricted to rear yards, and requires sound beekeeping practices, including fencing of flyways when hives are within 25' of a property line, water, maintenance, gentle/nonswarming queens, and fencing of hives within community gardens. Hives may be inspected at any time, and the city may remove or destroy any nuisance or noncompliant colonies. In addition, in Littleton, a 2010 ordinance established the keeping of up to 4 hens as an accessory use to a single-family residential use in single-family residential districts subject to standards, including predatorresistant coop design and construction, minimum sizes for coops and outdoor enclosures, 15' setbacks from property lines, a prohibition on roosters and slaughtering, and a general requirement to prevent nuisance conditions. Regarding bees, a 2009 ordinance established beekeeping as a use permitted in compliance with standards including 5' setbacks from property lines, water provision, flyway fencing for hives within 25' of property lines, maintenance, gentle/nonswarming queens, and colony densities ranging from 4 colonies per 1/2 acre or less to 8 hives per 1 acre or larger, though there is no limit as long as hives are at least 200' from all property lines, and 1 nucleus colony is permitted for each 2 colonies for swarm management. I hope you find this material helpful! Thank you for using the PAS Inquiry Answer Service, and please let us know if we can be of further assistance. Please return the read receipt attached to this message or otherwise let us know that you have received this Inquiry Response. Resources, Beekeeping and Urban Chickens: Bouvier, Jaime "Urban Micro-Livestock Ordinances: Regulating Backyard Animal Husbandry." Zoning Practice, April. Available at Article addressing benefits to and challenges regarding backyard livestock in urban settings, including chickens and bees. Butler, William Welcoming Animals Back to the City: Navigating the Tensions of Urban Livestock Through Municipal Ordinances. Journal of Agriculture, Food Systems, and Community Development 2(2): 3

4 Available at pdf. Study of ordinances from 22 U.S. cities that have recently revised their codes to allow for urban livestock. LaBadie, KT Residential Urban Chicken Keeping: An Examination of 25 Cities. May 7. Department of City and Regional Planning, University of New Mexico. Available at Analysis of 25 chicken ordinances revealed trends regarding number of chickens allowed, rooster and slaughtering prohibitions, permits/fees, enclosure and setback requirements, and nuisance clauses. Salkin, Patricia "Feeding the Locavores, One Chicken at a Time: Regulating Backyard Chickens." Albany Law School Research Paper No. 46, Zoning and Planning Law Report, Vol. 34(3), March. Available at Article reviews trends in urban chicken-keeping ordinances. Salkin, Patricia Honey, It s all the Buzz: Regulating Neighborhood Bee Hives. Boston College Environmental Affairs Law Review 39: Available at Article that details the pros and cons of allowing and regulating beekeeping in residential areas. Covers court cases regarding nuisance charges. Beekeepers Association of Southwest Florida. n.d. Model Beekeeping Ordinance for Florida (Local and Municipal) Governments. Available at Sample ordinance to regulate beekeeping from Florida. Provisions address hive registration, access to water, general maintenance, and colony densities. Louisiana State University Agricultural Center Model Beekeeping Ordinance for Louisiana Local and Municipal Governments. Baton Rouge, Louisiana: Louisiana State University Cooperative Extension Service. Available at Model code from a university extension program in Louisiana. Provisions address flyway barriers, access to water, colony density, and signage. Local Denver Metro Area Ordinances, Chickens and Bees: Arvada (Colorado), City of Code of Ordinances. Chapter 14, Animals; Article IV, Prohibited and Restricted Animals; Section 14-92, Keeping of Livestock Unlawful Except in Specified Zoning Districts; part b, Keeping of Chickens and Turkeys. Article V, Health and Sanitation Requirements; Section , Distance of Animal Shelters from Houses; part b, Female Chickens and Turkeys. Also see Chapter 38, Environment; Article VIII, Bees. Also see Part III, Land Development Code; Article 5, Use Regulations; Section 5.3.3, Accessory Uses and Structures - Uses/Structures Permitted as Accessory to Principal Residential Uses; Part J, Keeping of Animals. Available at Legislative Declaration. The city council finds and declares that keeping of bees is consistent with encouraging small scale agricultural activities in urban and suburban areas, that bees are beneficial to society in that they produce honey and other products and pollinate nearby plants, and that bees may be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully maintained. The city council also finds and declares that this article is promulgated under the general police power of the city, and that regulation of bees and beekeeping activities is necessary for the preservation of the public health, safety and welfare, and that this article bears a rational relationship to the legislative objective sought to be attained. Aurora (Colorado), City of. Code of Ordinances. Chapter 14, Animals; Article I, In General; Section 14-15, Beekeeping. Available at (See also "Aurora, Colorado Beekeeping Ordinance" at Also see Building and Zoning Code, Supplemental Regulations; Article 12, Supplemental Regulations for Specific Uses and Activities; 4

5 Section , Prohibition on Animals and Poultry. Available at Boulder (Colorado), City of Boulder Revised Code. Title 6, Health, Safety, and Sanitation; Chapter 6-1, Animals. Available at See also BackYard Chickens, "Boulder Colorado Chicken Ordinance," March 18, 2010, at Chickens and bees not specifically mentioned in the Boulder City code, though an from the city records office suggests they may be allowed by default as they are not specifically prohibited. Boulder (Colorado), County of Land Use Code. Article 4, Accessory Uses; Section 4-516, Accessory Uses; part C, Accessory Beekeeping. Part D, Accessory Chicken Keeping. Also see Article 17, Enforcement; Section , Zoning Regulation Enforcement; part A, Building Permit Requirements. Available at See pp and Accessory beekeeping and chicken keeping are permitted in F, A, RR, ER, SR, LI, GI, and MI districts. Allows 2 bee colonies and up to 8 hens per lot in the Suburban Residential district. Building permit may be needed for chicken coop based on size and number. Broomfield (Colorado), City of Municipal Code. Title 6, Animals; Chapter 6-24, Livestock, Horses, and Protected Animals; Section (B), Animals Prohibited within City Designated; Exceptions. See also Section , Unlawful to Keep Bees; Definitions. Also see Title 17, Zoning; Chapter 17-09, RR Rural Residential District; Section (C), Permitted Uses; By Right. Available at Animal title allows chickens in single-family residential areas within the city subject to standards. Bees prohibited, except the zoning code allows 5 bee colonies and 30 chickens per acre in the RR district. Denver (Colorado), City of Revised Municipal Code. Chapter 8, Animals; Article IV, Livestock and Fowl; Division 2, Permit. Available at Also see Zoning Code, Article 11, Use Limitations; Division 11.8, Uses Accessory to Primary Residential Uses Limitations; Section , Keeping of Household Animals. Available at Animal title section last updated in 2011 allows for the keeping of livestock or fowl with a permit or restricted license specific to chicken/ducks and dwarf goats. Zoning code permits honey bees and chickens in all districts subject to standards without a zoning permit. See p Federal Heights (Colorado), City of Code of Ordinances. Chapter 6, Animals; Article VI, Control and Protection of Animals; Division 2, Keeping of Certain Animals Restricted. Available at It shall be unlawful for any person to own any livestock or fowl such as, but not limited to, horses, mules, donkeys, burros, cattle, sheep, goats, chickens, geese, ducks, turkeys or swine, except domesticated Vietnamese potbellied pigs weighing less than 90 pounds; provided, however, that enforcement of this section shall be subject to the city zoning code, wherein certain animals and numbers thereof may be permitted within certain zoning districts by prior approval. I did not see any references to bees, chicken, or livestock in the zoning code. Littleton (Colorado), City of. Municipal Code. Title 10, Zoning Regulations; Chapter 4, Supplementary Standards; Section , Accessory Uses and Structures; part B(2.5), Limitations on Accessory Uses Chickens. Also see Section , Beekeeping. Available at Chickens and beekeeping permitted by the code subject to standards. Longmont (Colorado), City of Code of Ordinances. Title 7, Animals; Chapter 7.04, Animals; Section , Prohibited Keeping of Animals, part A(5). Also see Title 9, Health and Safety; Chapter 9.04, Nuisances; Section , Beekeeping. Available at Animal title allows the keeping of backyard chicken hens in the city subject to standards. More than 4 stands of bees in any one place is deemed a nuisance. 5

6 Northglenn (Colorado), City of Municipal Code. Chapter 11, Zoning Ordinance; Article 7, Residential Zones; Section , Restrictions. Available at G. The keeping of chickens, ducks, geese and other poultry, cattle, horses, mules, goats, sheep, pigs, hooved animals and other domestic or bovine animals, other than birds kept indoors as pets is prohibited. The keeping of dogs, cats and certain other pets is permitted and is governed by Chapter 14 of this Code. The code does not mention bees. Thornton (Colorado), City of Code of Ordinances. Chapter 6, Animals, Article I, In General; Section 6-21, Animals Prohibited in City; part b. Also see Article III, Bees. Available at Code allows for chickens, bees to be kept in the city subject to regulations. Ann Dillemuth, AICP Research Associate Planning Advisory Service American Planning Association 205 N. Michigan Ave., Suite 1200 Chicago, IL (p) (f)