HomeMy WebLinkAboutTC Res 2012-09-05 (3)RESOLUTION NO. 31-2012
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ADOPTING STANDARDS FOR THE
KEEPING OF CHICKENS AND STANDARDS FOR THE KEEPING OF HONEYBEES
WHEREAS, The Town Council of the Town of Tiburon adopted Ordinance No. 542 N.S. on
August 15, 2012, which established the process for obtaining a Chicken-Keeping Permit or a Honeybee-
Keeping Permit; and
WHEREAS, pursuant to Town of Tiburon Ordinance No. 542 N.S., Section 16-40.070 of the
Municipal Code requires that for the Director of Community Development or his designee to grant a
chicken-keeping permit or a honeybee-keeping permit, he/she must find that the chicken-keeping use or
the honeybee-keeping use would comply with any adopted Standards for the Keeping of Chickens or for
the Keeping of Honeybees; and
WHEREAS, Section 16-40.070(d) of the Municipal Code states that Standards for chicken-
keeping and for honeybee-keeping shall be established by Resolution of the Town Council and may be
amended from time to time by Resolution of the Town Council; and
WHEREAS, the Town Council did hold a duly noticed and advertised public meeting on
September 5, 2012, at which any testimony received from the public was considered.
NOW, THEREFORE BE IT RESOLVED that pursuant to Municipal Code Title IV, Chapter 16,
Section 16-40-070(d), the Town Council hereby adopts "Standards for the Keeping of Chickens" as set
forth in the attached Exhibit "A", and hereby adopts "Standards for the Keeping of Honeybees", as set
forth in attached Exhibit "B".
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on
September 5, 2012, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Collins
ATTEST:
DIANE CRANE IAC. , TOWN CLERK
Attachments: Exhibit "A": Standards for Keeping of Chickens
Exhibit "B": Standards for Keeping of Honeybees
TIBURON TOWN COUNCIL RESOLUTION NO. 31-2012 ADOPTED 09/05/2012
EXHIBIT "A"
Standards for Keeping of Chickens
1. The chicken-keeping use must be an accessory use to a single family dwelling located in
the R-1, R-1-B, RO, R-2 or RPD zone.
2. Property owner permission for the chicken-keeping use must be secured through an
application form signed by the property owner (or authorized agent) or through a separate
letter of authorization.
3. Maximum number of chickens allowed to be kept per single family dwelling:
a. On lots less than or equal to ten thousand (10,000) square feet in lot area: Up to
four (4) hens;
b. On lots greater than ten thousand (10,000) square feet in lot area: Up to eight (8)
hens.
4. All chickens must be hens and must be kept for non-commercial purposes only.
5. Chicken-keeping permits are intended exclusively for the keeping of chicken hens and
are not applicable or transferable to other fowl, including but not limited to roosters,
ostriches, turkeys, ducks, geese, quail, pigeons, guinea fowl or peafowl. Chicken-
keeping permits are not applicable to canaries, parrots, or other traditional indoor avian
pets.
6. Permit holders shall operate and maintain the chicken-keeping use in accordance with
recognized best management practices that provide safe and healthy living conditions for
the chickens while avoiding nuisance impacts on surrounding properties and persons.
7. All chickens shall be confined in a secure enclosure at all times. Enclosures must be kept
in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as
to prevent offensive odors. Chicken feed shall be contained such that it does not attract
rodents.
8. A chicken coop/cage shall not exceed one hundred (100) square feet in area and six (6)
feet in height and shall be located within a rear yard setback and shall comply with the lot
coverage limits for the zone or planned residential development in which it is located.
9. In no event shall any chicken enclosure be located less than five (5) feet from any
property line or less than twenty-five (25) feet from any dwelling unit to which the
chicken enclosure is not an accessory use.
10. No chicken shall be slaughtered on the property.
TIBURON TOWN COUNCIL RESOLUTION NO. 31-2012 ADOPTED 09/05/2012
EXHIBIT "B"
Standards for Keeping of Honeybees
1. The bee-keeping use shall be limited to Apis mellifera (honeybees) and must be an
accessory use to a single family dwelling in an R-1, R-1-B, RO, R-2 or RPD zone.
2. Property owner permission for the bee-keeping use must be secured through an
application form signed by the property owner or authorized agent, or through a separate
letter of authorization submitted by the property owner or authorized agent.
3. Applicant shall obtain signatures of non-objection from the property owners of developed
residential properties physically contiguous to (i.e. touching) the lot where honeybees are
to be kept. If all required signatures cannot be obtained, then a conditional use permit
shall be required pursuant to Section 16-52.040 prior to approval of the bee-keeping use.
4. Maximum number of bee colonies (hives) per single family dwelling:
a. On lots less than or equal to ten thousand (10,000) square feet: Two (2) colonies.
b. On lots greater than ten thousand (10,000) square feet: Four (4) colonies.
5. All bee colonies must be used for non-commercial purposes only.
6. Permit holders shall operate and maintain the bee-keeping use in accordance with
recognized best management practices that provide safe and healthy living conditions for
the bees while actively avoiding nuisance impacts on surrounding properties and persons
and protecting the public health, safety and welfare. Applicant shall submit written
documentation of bee-keeping training to the satisfaction of the Director.
7. A convenient and adequate source of water shall be available to a bee colony at all times.
8. All bee colonies shall be maintained in hives capable of inspection to determine
compliance with these standards, and shall consist of moveable frames and combs. Hives
must be maintained in sound and usable condition at all times.
9. Any bee hive box (colony) shall be located within a rear yard setback in traditional zones
(R-1, R-1-B, RO, R-2) or within a rear setback or rear portion of a building envelope for
a planned residential development (RPD). Bee hive boxes shall not count toward lot
coverage.
10. In no event shall any bee hive box shall be located less than five (5) feet from any
property line or less than twenty-five (25) feet from any dwelling unit to which the hive is
not an accessory use.
11. A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense
vegetation, shall be installed and maintained between the bee hive colony(s) and all
abutting developed or developable parcels where the bee hive colony is located within ten
(10) feet of an abutting parcel property line.
12. All hive entrances shall face away from the nearest property line(s).
TIBURON TOWN COUNCIL RESOLUTION NO. 31-2012 ADOPTED 09/05/2012